Glass L d^CLO) Bonk 4\ & iQtO DIGEST OF LAWS RELATING TO FREE SCHOOLS IN THE STATE OF ARKANSAS Issued by the DEPARTMENT of PUBLIC INSTRUCTION This book is the property of the State of Arkansas. The law states that it may be furnished only to school officers. When a director retires from office this book and all school records and re- ports should be delivered to his successor in office. GEO. B. COOK, Superintendent 1910. Batesville Printing Co. Batesville, Ark. \3 Digest of School Laws ORGANIC LAW. Section 7484. Intelligence and virtue being the safeguards of liberty, and the bulwark of a free and good government, the state shall ever maintain a general, suitable and efficient system of free schools, whereby all persons in the state, between the ages of six and twenty- one years, may receive gratuitous instruction. Sec. 7485. Powers of General Assembly. — The gen- eral assembly shall provide, by general laws, for the sup- port of common schools by taxes, which shall never ex- ceed in any one year three mills on the dollar on the taxa- ble property of the state; and by an annual per capita tax of one dollar, to be assessed on every male inhabitant of this state over the age of twenty-one years. Provided, the general assembly may, by general law, authorize school districts to levy, by a vote of the qualified electors of such districts, a tax not to exceed seven mills on the dollar in any one year for school purposes. Provided further, that no such tax shall be appropriated to any other purpose, nor to any other district, than that for which it was levied. Art. XIV, Sees. 1 and 3, Const. As amended by Const. Amendment No. 8. COMMON SCHOOL FUND. Sec. 7486. Sources of revenue. — The proceeds of 3 11 lands that have been, or hereafter may be, granted by the United States to this state, and not otherwise ap- propriated by the United States or this state; also all DIGEST OP SCHOOL LAWS. moneys, stocks, bonds, lands and other property now belonging to any fund for purposes of education ; also the net proceeds of all sales of lands and other property and effects that may accrue to this state by escheat, or from sales of estrays, or from unclaimed dividends, or dis- tributive shares of the estates of deceased persons; also any proceeds of the sale of public lands which may have been, or may be hereafter, paid over to the state (Con- gress consenting) ; also ten per cent of the net proceeds of the sales of all state land, and it shall be the duty of the state treasurer to set aside this ten per cent to the credit of the common school fund when he receives the proceeds of this sale from the state land commissioner; also all the grants, gifts or devises that have been or hereafter after may be made to this state, and not other- wise appropriated by the tenure of the grant, gift or de- vise, shall be securely invested and sacredly preserved as a public school fund that shall be designated as the com- mon school fund of the state, and which shall be the com- mon property of the state, except the proceeds arising from the sale or lease of the sixteenth section. Act March 15, 1897. No money or property belonging to the public school fund, or to this state for the benefit of schools or universities, shall ever be used for any other than for the respective purposes to which it belongs. Art. XIV, Sec. 2, Constitution. Sec. 7487. Funds in doubt apportioned by court. — The county courts of the various counties are authorized and empowered to place to the credit of the common school fund of the county, any and all school funds that may be in the county treasury, derived from various sources, and about which there is any doubt as to their proper application with the county court, and that said school funds, when so placed to the credit of the common school fund, shall be, by said county courts, apportioned among the school districts of the county as is now pro- vided by law. DIGEST OF SCHOOL LAWS. Sec. 7488. Principal from sixteenth section. — The principal arising from the sale of the sixteenth section of land shall never be apportioned or used. Sec. 7489. Townships not entitled to doubtful fund. — Should any of the funds mentioned in this act arise from the sale of said sixteenth section of land and there should be any doubt as to the townships from whence it came, then such townships as have not disposed of the sixteenth section of land, or may have disposed of the same and have the proceeds placed to their credit, shall not be entitled to any part of the interest arising from said doubtful sixteenth section fund. Act March 13, 1885, Sees. 1, 2. Sec. 7490. Annual income from sixteenth section fund and per capita tax. — The annual income from the said fund, together with one dollar per capita to be an- nually assessed on every male inhabitant over the age of twenty-one years, and so much of the ordinary annual revenues of the state as may hereafter be set apart by law for such purposes, shall be faithfully appropriated for maintaining a system of free common schools for this state, and shall be appropriated to no other purpose whatsoever. Act December 7, 1875, Sec. 2. Sec. 7491. State Treasurer required to pay rev- enue to counties. — The state auditor shall, on requisition from the state superintendent of public instruction, draw warrants on the state treasurer for payment to the sev- eral county treasurers of the school revenues due their respective counties. Sec. 7492. County collector required to pay per capita tax into county treasury. — The per capita tax levied by the general revenue laws of the state shall be collected by the county collector at the same time and place that the state taxes are collected, and be paid in the county treasury on or before the first day of July of each year, in the presence of the county court clerk, who DIGEST OF SCHOOL LAWS. shall make a record of the same as a revenue for the sup- port of common schools. lb., Sees. 31, 32. The penalty collected for the nonpayment of taxes on personal property is to be paid into the county school fund. See Sec. 7069. Sec. 7493. Debts due common school fund shall take precedence. — In payment of debts by executors and administrators, the debts due the common school fund ehall have a preference over all other debts, except fun- eral and other expenses attending the last sickness. SEC. 7494. Officers not allowed fees. — No justice of the peace, constable, clerk of a court or sheriff shall charge any cost in any suit where the collector or any other officer sues for the recovery of any money due to the common school fund, if the plaintiff in such cause is unsuccessful. Act January 11, 1853, Sees. 50 and 55. COMMISSIONERS OF SCHOOL FUND. Sec. 7495. When commissioners shall meet. — The secretary of state, auditor and state superintendent of public instruction shall constitute a board of commission- ers of the common school fund, and shall meet annually at the office of said superintendent on the first Monday in September of each year. Provided, the secretary of state may assemble the members of said board any time at his discretion. Act April 23, 1901. Sec. 7496. Secretary of state shall be president. — The secretary of state shall be president of said board and shall sign the journal of each day's proceedings. Act of December 7, 1875, Sees. 3, 4, as amended by act of April 10, 1893. Sec. 7497. Superintendent of public instruction shall be secretary. — The superintendent of public instruc- tion shall act as secretary of the said board, and shall keep a faithful, correct record of the proceedings, and shall keep the said record open at all times for in- spection. A copy of said record, certified by the secre- DIGEST OF SCHOOL LAWS. tary of the board, shall be in all cases received as evi- dence equal with the original. Sec. 7498. Commissioners shall have management of fund. — The said board of school commissioners shall have the management and investment of the common school fund belonging to the state,, and shall from time to time, as the same may accumulate, securely invest the said funds in bonds of the United States or the state of A rkansas. Sec. 7499. All moneys must be paid within thirty days when due. — All moneys required by law to be paid into the treasury to the credit of the common school fund may, if the same be not paid within thirty days after they shall have become due and payable, be recovered, with interest due thereon, by action in any court having jurisdiction; and such action shall be prosecuted by the attorney general of the state, or by the prosecuting at- torney of any judicial district within this state, when directed by the said board. Sec. 7500. Warrant of auditor required for pay- ment of money. — All moneys belonging or owing to the common school fund, as mentioned in Section 7486, or accruing as revenues therefrom, together with the state school tax, shall be paid directly into the state treasury and shall not be paid out except on the warrant of the auditor. Act December 7, 1875, Sees. 5 to 8. Sec. 7501. Auditor must make annual report - The state auditor shall be the accountant of said board, and shall, annually, on the first Monday in October, transmit to the governor and to the superintendent of public instruction a report of the condition of the school fund on the first day of July last preceding, with an ab- stract of the accounts thereof in his office. Sec. 7502. Auditor shall draw warrants. — The au- ditor shall, under the direction of the board of commis- DIGEST OF SCHOOL LAWS. sioners, draw warrants on the state treasurer for the payment of all or any portion of the common school fund belonging to the state, for the purchase of bonds or other securities in which the same is by law invested. Sec. 7503. State treasurer shall pay for securities. — The state treasurer shall,, by virtue of such warrant, pay from the uninvested common school fund the purchase money for said securities, and shall receive and deposit the same in the state treasury for safe-keeping*, and re- ceipt to the president of the board of commissioners for the kind and amount of such securities. Sec. 7504. When board shall settle. — The said board shall, at their annual meeting, settle with the state treasurer all accounts of the common school fund not be- fore settled. lb., Sees. 9-12. As amended by act April 23, 1901. SUPERVISION OF PUBLIC SCHOOLS. Sec. 7505. General assembly shall provide officers. — The supervision of public schools, and the execution of the laws regulating the same, shall be vested in and con- fided to such officers as may re provided for by the gen- eral assembly. Art. XIV, Sec. 4, Const. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. Sec. 7506. Office of state superintendent created. — At the next general election, and every two years there- after, there shall be elected a state superintendent of public instruction, by the qualified electors of this state, as state officers are now elected. Duties of State Superintendent. Sec. 7507. He shall take and file oath. — Before entering upon the duties of his office, he shall take and subscribe the oath prescribed for officers by the constitu- tion of this state, and shall file such oath with the secre- tary of state. DIGEST OF SCHOOL LAWS. Sec. 7508. He shall be general supervisor. — The superintendent of public instruction shall be charged with the general superintendence of the business relating to the free common schools of this state. Sec. 7509. He shall open office at capitol. — He shall open at the seat of the state government (at the ex- pense of the state) a suitable office, in which he shall keep all books, reports, documents and other papers per- taining to his department, and where he shall be in at- tendance when not necessarily absent on business, and have personal supervision of the business affairs of his office, and keep a clear and correct record thereof. Sec. 7510. He shall furnish questions. — He shall furnish suitable questions for the examination of teach- ers to the county examiners ; he shall hold a teachers' in- stitute annually in each judicial district of the state, to be called a normal district institute; he shall arrange the program exercises for each of such institutes, and preside thereat. Provided, if he should not be present the teach- ers who may have assembled may organize and hold such normal district institute. That portion of this Section referring to institutes repealed by- Act May 23, 1907. Sec. 7511. He shall furnish materials to county ex- aminers. — He shall prepare and transmit to the county examiners school registers, blank certificates, reports and other printed blanks, together with other suitable blanks, forms and printed instructions to be forwarded to direc- tors and other school officers, as may be necessary to aid such officers in making their reports and carrying into full effect the various provisions of the school laws of this state. Act December 7, 1875, Sees. 13-16. Sec. 7512. He shall prepare poll books. — The super- intendent of public instruction shall prepare a form of poll books to be used by the directors of the various school districts of this state at their annual elections as DIGEST OF SCHOOL LAWS. are now, or may hereafter be provided by law, and have the same printed as other blanks for school purposes ; and shall transmit the same to the county examiner of each county for distribution to school directors in the same manner as other school blanks are now, or shall hereafter be,, distributed. Act March 2, 1877. Sec. 7513. He shall be guardian of school fund, and may bring suit. — He shall exercise such supervision over the school funds as to ascertain the amount and disposal made of the same, their protection and safety when in- vested or deposited, and recommend measures for their security and preservation, and for rendering them most productive of revenue ; shall enforce the strict application of the school revenues to the legitimate purposes for which they were intended, and shall when directed by the commissioners of the school fund, cause to be instituted, in the name of the State of Arkansas, suits or actions for the recovery of any portion of the said funds or said rev- enues that may be squandered, illegally applied, or un- safely deposited. Sec. 7514. Annual report. — Includes ivhat. — He shall, on or before the first day of November in each year, prepare and submit to the governor of this state an an- nual report, in writing, showing the number of persons between the ages of six and twenty-one years residing in the state on the first day of the preceding July ; the num- ber of such persons in each county; the number of each sex; the number of white; the number of colored; the whole number of such persons that attended the free com- mon schools of the state during the year ending the 30th day of the last preceding June, and the number in each coun a that attended during the same period; the number of whites of each sex that attended, and the number of colored of each sex that attended the said schools; the number of common schools in the state; the number of pupils that studied each of the branches taught; the aver- 10 DIGEST OF SCHOOL LAWS. age wages paid teachers of each sex ; the relative average wages paid to male and female teachers respectively, ac- cording to the different grades of their certificates; the number of school houses erected during the year, the material and cost thereof ; the number previously erected, the material of which they were constructed, their condi- tion and value; the number with their grounds enclosed; the counties in which teachers' institutes were held, and the number that attended the institutes in each county. Sec. 7515. He shall likewise report the amount of permanent school fund belonging to the state at the close of the fiscal school year, and the amount of other proper- ty apportioned to school purposes; the nature, kind and amount of such investments made of the same ; the safety and permanency of such investments ; the amount of rev- enue accruing from the school funds ; the income received from the per capita assessments of each county, and the amount derived from such assessment in all the counties of the state; the income derived from all other sources, together with the amount derived from each ; likewise in what sums, for what purposes and in what manner the said school revenue shall have been expended, and what amount of school moneys of various kinds are in the var- ious county treasuries unexpended. Sec. 7516. Shall also report to general assem bly. — He shall include in his report such plans as he may have matured for the improvement of the common school system of this state ; for the accumulation, the investment and the more judicious management of the common school fund, and, when he may deem it advisable, shall recommend measures for a more economical and advant- ageous collection and expenditure of the revenues accru- ing from the said fund; and whenever it comes to his knowledge that any of the investments of the school funds are not safe, or that any portion of the said fund is liable to be lost, that it is unproductive of revenue, or that any of the school revenues have been diverted from their 11 DIGEST OP SCHOOL LAWS. proper channel or from the appropriate objects contem- plated, he shall report the facts to the governor and to the general assembly, if in session. Sec. 7517. He shall make a statistical tabic. — He shall also append to his report a statistical table, compiled from the materials transmitted to his office by school officers, with proper summaries, averages and totals given. Sec. 7518. Shall make comparison, — He shall pre- sent such comparison of results and such an ex- hibit of his administration, and of the operation of the common free school system, together with such state- ments of the true condition of the schools of the stale, as shall distinctly show the improvements and progress made from year to year in the department of public in- struction. Sec. 7519. Report transmitted to General Assembly. — The annual reports of the state superintendent to the governor shall be transmitted by the governor to the gen- eral assembly at the opening of the session. Sec. 7520. He sliall hare reports published. — He shall have his reports to the governor published as soon as practicable after they have been made, and shall cause them to be distributed among the various school officers of the state, to be kept on file in their respective offices. Provided, he shall not have more than five thousand copies of such reports printed for any one year, the print- ing of such reports to be let out as other contracts for printing. Act December 7, 1875, Sees. 16-2;>. Sec 7521. He shall make a pro rata apportionment. — He shall on the first Monday of September of each year make a pro rata apportionment to the several counties of the state of the remaining revenues in the state treasury available for distribution for school purposes, on the basis of the number of persons between the ages of six and twenty-one years, residing in said county, respectively,, 12 DIGEST OP SCHOOL LAWS. on the first day of July previous; and he shall publish a statement of the same, as early as practicable, shall transmit a copy thereof to each county examiner and to each of the several treasurers in the state, and to each county clerk, who shall submit the same to the county court at its next term; and he shall thereupon draw his requisition on the state auditor in favor of the treasurers of the several counties for such amount as the said coun- ties may be entitled to receive for the support of free common schools. Act April 23, 1901. Sec. 7522. He shall publish acts of General Assem- bly and give opinions. — He shall, from time to time, pub- lish in convenient pamphlet form, and furnish each school officer, the acts of the general assembly relating to com- mon schools, and the decisions of the courts having com- petent jurisdiction in relation to the school laws; and he shall likewise, at the request of any school officer, render a decision relating to the intent, construction or adminis- tration of any portion of the school laws on which deci- sions shall not have been published, and he may, when he shall deem it advisable to have the opinion of the attor- ney general, require said opinion to be given in writing. It is the duty of the superintendent of public instruction to render decisions relating to the intent, construction, or administration of any portion of the school laws. The attorney general is the legal adviser of the superintendent and not of school officers. Sec. 7523. He shall have access to auditor's books. — He shall, for the purpose of ascertaing the amounts,, safety and preservation of the school funds, have access to the auditor's books and papers, with full power to use and inspect the same. Sec. 7524. He shall deliver records to successor. — At the expiration of his term of office, he shall deliver to his successor possession of his office, together with all books, records, documents, papers and other articles be- longing or pertaining to his office. Sec. 7525. He shall affix seal. — He shall affix the 13 DIGEST OP SCHOOL LAWS. seal of the department of public instruction to all official communications from his office. Sec. 7526. Vacancy filled by appointment by Gov- ernor. — Whenever a vacancy in the office of superintend- ent of public instruction shall occur, from death, resigna- tion or otherwise, the governor shall appoint a person of suitable attainments to serve the remainder of the unex- pired term. As modified by Amendment No. 3 to Con- stitution. Sec. 7527. He shall not act as agent or receive gift. — Neither the state superintendent nor county examiner shall act as agent for any author, publisher or bookseller, nor directly or indirectly receive any gift, emolument, re- ward or promise of reward for his influence in recom- mending or procuring the use of any book, school appa- ratus or furniture of any kind whatever, in any public school; and any school officer who shall violate the pro- visions of this section shall be deemed guilty of a mis- demeanor, and subject to removal from office. Act De- cember 7, 1875, Sees. 25-30. Sec. 7528. He may grant state certificates. — The state superintendent of public instruction shall have pow- er to grant state certificates, which shall be valid for life, unless revoked, to any person in the state who shall pass a thorough examination in all those branches re- quired for granting county certificates ; and, also,, in alge- bra and geometry, physics, rhetoric, mental philosophy, history, Latin, the constitution of the United States and of the state of Arkansas, natural history and theory and art of teaching. State licenses are not granted to inexperienced teachers. Appli- cants for the same must present satisfactory evidence of having taught successfully at least twenty months. State licenses are granted, under the law, only on approved exam- inations, conducted by the state superintendent. While the law is silent as to the scope of the examination, naming 14 DIGEST OF SCHOOL LAWS. the subjects only, the following outline will give an idea as to the requirements: Algebra, t Botany, "] Natural History, -' Zoology, I Such matter as is comprehended in. ( Geology, J. the average high school text- Physics, books on these subjects. General History, J Latin — Grammar and Composition; first four books of Caesar; first two books of Virgil; first two orations of Cicero against Catiline, and his essay De Senectute — or equivalent readings. Geometry — Plane geometry, and first two books of solid geometry, including exercises. Rhetoric— "With special reference to the essentials of English com- position. Constitution of the United States and of Arkansas — Embracing a study of the origin, subject-matter, and civic relations under the same Theory and Art of Teaching,*! . -, j. , -™ - , lis discussed in works on these subjects. Mental Philosophy, J Note — Holders of first grade certificates may not be examined on the common school branches. An average of 80 per cent, will be re- quired on all subjects. Below 70 per cent, on any subject will be con- sidered a failure thereon. Sec. 7529. He may grant a professional license. — The state superintendent of public instruction is author- ized to grant a professional license, good in any county of the state for a period of six years, to those who take a satisfactory examination on the studies required for a first grade license, and in addition thereto, an approved examination on the following subjects: Algebra, plane geometry, general history, rhetoric and civil government. Examinations for this grade of license shall be held an- nually at at least two convenient points in the state. All applicants for this grade of license shall be required to pay a fee of $5.00 into the state treasury. Sec. 7530. Examinations — Time and manner. — Examinations for state license shall be held annually at the same time and place as the examination for profes- sional license. All applicants for state license shall pre- sent a certificate showing that they have paid the sum of $10.00 into the state treasury. The fees obtained from the applicants for professional and state license shall be used for defraying the expenses incurred in holding the 15 DIGEST OF SCHOOL LAWS. examinations, and the remainder thereof shall constitute an institute fund and a library fund for the office of the department of public instruction, and upon requisitions of the state superintendent, the state auditor shall draw warrants upon moneys to the credit of this. fund in the state treasury. State and professional examinations are conducted each year co- incident with the June examinations. An appropriation by the legislature is necessary before this fund can be drawn. Sec. 7531. He shall recommend text-books. — He shall prepare, for the benefit of the common schools of the state, a list of such text-books on orthography, read- ing in English, mental and written arithmetic,, penman- ship, English grammar, modern geography and history of the United States as are best adapted to the wants of the learner, and as have been prepared with reference to the most philosophical methods of teaching those branch- es, and shall recommend the said text-books to teachers and to directors throughout the state. This section is virtually repealed by the county uniformity law. Sec. 7532. He shall prepare graded course of study. — The state superintendent of public instruction is hereby directed and authorized to prepare and have printed for distribution to the various counties of the state, within four months after the passage of this act, a graded course of study to be used in the common school districts of this state, said course of study to embrace only subjects required by law to be taught in said com- mon schools, and to indicate the amount of work to be done during each year of the course. It shall be the duty of the school directors to see that the course of study is followed in each of their schools, as far as it is practicable to do so ; provided, that the state superintend- ent shall not designate or indicate any text-book to be used in the schools, nor shall any teacher adopt or use 16 DIGEST OF SCHOOL LAWS. any text-books other than those adopted for use in the district. Sec. 7533. He shall adopt seal. — He shall procure and adopt a seal for his office, and furnish an impression and description of said seal to the secretary of state, to be preserved in his office. Sec. 7534. A copy made equal to original. — A copy of any paper or document deposited or filed in the office of the superintendent of public instruction shall, when authenticated by the said seal, be evidence equal, to all intents and purposes, with the original. Sec. 7535. He shall prepare certificate forms and registers. — The said superintendent shall prepare appro- priate forms for three several grades of certificates to be issued to teachers by the county examiners. He shall prepare suitable school registers, in which teachers, at the close of the school term, are to make their reports to the trustees of the name and age of each pupil, the date of each pupil's entrance, the separate days on which each attended school, the studies each pursued, the total attendance ; and, shall likewise prepare suitable forms for the reports of directors and county examiners. Act De- cember 7, 1875, Sees. 33-37. This register must be kept by each public school teacher according to the forms prescribed, before any charge can be made for services. COMMON SCHOOL DISTRICTS. FORMATION. Sec. 7540. Notice of change in district shall be given. — When a change is proposed in any school district, notice shall be given by the parties proposing the change, by putting up hand bills in four or more conspicuous places in each district to be affected, one of said notices to be placed on the public school building in each affected district. All of said notices to be posted thirty days be- fore the convening of the court to which they propose to 17 DIGEST OF SCHOOL LAWS. present their petition ; said notices shall give a geograph- ical description of the proposed change. Act of April 8, 1891. Sec. 7541. District shall be body corporate. — Each school district shall be a body corporate, by the name and style of "School District No. — , of the county of ;" and by such name may contract and be contracted with, sue and be sued, in any of the courts of this state having competent jurisdiction. Sec. 7542. Shall hold the title of lands. — Every dis- trict shall hold in the corporate name of the district the title of lands and other property which may be acquired by said district for school district purposes. Act Decem- ber 7, 1875, Sec. 53. School districts are not liable for trespass committed by their of- ficers. School District No. 11 v. Williams, 38 Ark., 454. See School District v. Bodenhamer, 43 Ark., 140; School District v. Reeve, 56 Ark., 68. Mandamus can only be used after judgment against a school dis- trict to force the payment of debt. School District v. Bodenhamer, 43 Ark., 140. School property is not subject to the tax, and suit therefor, for local improvements of a public nature. Board v. School District, 56 Ark., 354. Deed conveying: land to people of school district is sufficient. Mor- ris v. School District, 63 Ark., 149. District may sue for trespass. lb., May employ attorneys. State v. Aven, 70 Ark.. 291. Sec. 7543. Number required for formation. — No new school district shall be formed having less than thir- ty-five persons of scholastic age residing within the terri- tory included in such new district, and no district now formed shall, by the formation of a new district or trans- fer, be reduced to less than thirty-five persons of scholas- tic age. Act April 8, 1887, Sec. 2. See Sec. 7639. Sec. 7544. Comity court may form districts. — The county court shall have the right to form new school dis- tricts or change the boundaries thereof, upon a petition of a majority of all the electors residing upon the terri- tory of the district to be divided. is DIGEST OF SCHOOL LAWS. This section contemplates a petition by a majority of the electors of all the districts combined, and not a majority of the electors of each district separately. Hudspeth v. Wallis, 54 Ark., 134. An admission that district was duly organized Is conclusive as to its legal formation. Evins v. Batchelor, 61 Ark., 521. See School Dis- trict v. School District, 63 Ark., 543. The order of the county court consolidating two school districts is final, unless overruled by a higher court. Neither the state super- intendent nor the county examiner has any authority in the premises. Sec. 7545. Law must govern formation. — Such ter- ritory shall have the requisite number of children or property to comply with the now existing law in such case. Sec. 7546. Neiv district held liable for debt. — In the formation of new school districts that part of terri- tory taken off from the old district or districts, shall be held liable for a proportionate part of the old indebted- ness of the former district or districts at the time of the making of said new district. Sec. 7547. County court shall divide surplus. — In case there be a surplus fund on hand at the time of the formation of said district, it shall be entitled to a propor- tionate part of said fund, the same to be ascertained and determined by the county court of the county in which said new district may be created, as in the judgment of said court may be considered right and proper. Act April 8, 1887, Sec. 3. See Evins v. Batchelor, 61 Ark., 521; District No. 15 v. District of Waldron, 63 Ark., 433. DISSOLUTION OF. Sec. 7548. County court may dissolve. — The county courts of this state shall have power to dissolve any school district now established, or which may hereafter be established in its county, and attach the territory thereof in whole or in part to an adjoining district or districts, whenever a majority of the electors residing in such district shall petition the court so to do. Sec. 7549. Notice of dissolution shall be posted. — When such dissolution is proposed, notice shall be given DIGEST OF SCHOOL LAWS. by those proposing the same by posters in four public places in the district. Said notices to be posted thirty days before the meeting of the term of the court at which such petition is proposed to be presented. Sec. 7550. Court sliall proportion funds or indebt- edness. — Whenever, under this act, any district shall be abolished, any indebtedness due by it. or funds on hand to its credit shall be proportioned by the court among the districts to which its territory has been attached, ac- cording to the value of the territory each received, of which action of dissolution and distribution of indebted- ness or funds, as the case may be. the clerk of the court shall give due notice to directors of each district affected, showing the territory attached to their district, and amount of indebtedness adjudged against it. or funds credited to it. as the case may be. Sec. 7531. Directors shall transmit records. — The directors of the district dissolved, upon receipt of notice of clerk, shall transmit, without delay, all of the records of said district to the county examiner of the county for preservation in his office. APPORTIONMENT OF SCHOOL FUND. Sec. 7552. County court shall app : .. — The coun- ty court, immediately on receiving notice of the dis- tributive share of school revenue apportioned by the superintendent to each county, shall proceed to ap- portion to the several school districts of the county, in proportion to the number of persons between the ages of six and twenty-one years residing within the school dis- tricts, respectively, on the first Monday of July previous. the said school revenue apportioned to the county and shall forward to the county treasurer, and to each of the directors of each district, a statement of such apportion- carefully distinguishing the sources from which the '. revenues so apportioned are derived, and the amount due each school district in the countv from eac>» DIGEST OF SCHOOL LAWS. separate source, and shall see that the revenues from the public school fund are invariably paid to the county and to the school districts strictly in accordance with the ap- portionment made to them. Apportionment may be compelled by mandamus, and the parents of children of scholastic age are proper parties to petition therefor. Mat- tos v. Neal, 45 Ark., 121. In the case of J. C. Merritt et al. v. J. H. Merritt, County Judge, appealed from Arkansas county, the supreme court, in May, 1891, held: "It was the duty of appellant, as county judge, on receiving notice of the amount apportioned to the county, to proceed to appropriate the same to the several districts upon whose enumeration the superintend- ent made the apportionment. The duty was absolute, and in its per- formance the county judge had no discretion. There is no reason why a district should be kept out of its funds, for any length of time, on account of county lines, and it is the duty of the county judge to pre- vent it- If he fails to do his duty its performance should be coerced." This case clearly establishes the following principles: 1. The county judge must apportion common school funds upon the enumeration of the apportionment as made by the superintendent and upon no other. He has no right to change the enumeration and apportionment. He simply appropriates to each district the amount apportioned by the state superintendent. 2. This must be done without delay and despite changes in county lines. 3. Duties are absolute and contain no element of discretion. This principle applies to every school officer and teacher. The amount of the per capita tax collected in the county should be apportioned to the districts in proportion to their educable children. Sec. 7553. Apportionment to new districts. — When- ever a new district shall have been formed and organ- ized, the court shall, at the next apportionment made thereafter, apportion to the new district, school revenues in proportion to the number of persons between the ages of six and twenty-one years reported by the directors of the new district. Provided always, the number of per- sons between the ages of six and twenty-one years re- ported in any year by the district electors of each county shall be taken as the quota of that county, and the number reported from each school district shall be taken as the quota of that district, and that the only basis on which an apportionment of the school revenue shall be made is to be the number of persons so reported each 21 DIGEST OF SCHOOL LAWS. year by the district directors. Act December 7, 1875, Sees. 40, 41. A special school district in which a common school district has been merged, is bound by all existing legal contracts made by the common school district. Sec. 7554. County examiners shall report to clerk. — The county examiners of the several counties shall, annually, on or before the tenth day of August transmit,, verified by affidavit, to the county clerks of their respect- ive counties, a written report, showing the number of persons between the ages of six and twenty-one years re- siding in each school district in their respective counties, as shown by the reports of the district directors made for the same year to the county examiners, as is now re- quired by law. Act April 23, 1901, Sec. 3. Sec. 7555. County clerk shall report to court. — "The county clerks shall, during the first terms of. their respective county courts held after the reception of the reports provided for in the preceding section, lay such reports before such county courts, to be used as a guide in making the apportionment of the general school fund to the various school districts. Act March 23, 1881. Sec. 7556. Counties shall be reimbursed for loss. — Any county which, by a change of county lines, or by the formation of a new county or counties, shall fail to receive the school funds which justly should be apportioned to it, from the fact of its school population being reckoned with that of the county or counties to which the said funds may be apportioned, shall be reim- bursed for the loss thus incurred. Said loss shall be cor- rected in the first apportionment of the school revenue thereafter. Provided, if such correction be not made in the first apportionment thereafter, it may be made in the second. Sec. 7557. Loss borne by original counties.— -The amounts refunded according to the provisions of Section 7556 shall be deducted from the funds apportioned to the 22 DIGEST OF SCHOOL LAWS. counties which were the original recipients of the erro- neously apportioned revenues. Mandamus will lie to compel apportionment as herein provided. Merritt v. School District, 54 Ark., 468. Sec. 7558. Auditor shall draw warrant for fund. — Upon the presentation of the certificate of the superin- tendent of public instruction of the amount or amounts due any county, by the provisions of this act to the auditor, he shall draw his warrant on the state treasurer for said amount or amounts in favor of the treasurer of said county for the benefit of the school fund and in com- pliance with Section 7553. Act March 6, 1877. COUNTY EXAMINERS. Sec. 7559. County court shall appoint examiner. — The county court of each county shall, at the first term thereof after each general election, appoint in each county, not divided into two judicial districts, one county examiner, and in each county divided into two judicial districts, may appoint one county examiner for each dis- trict, such examiner to be of high moral character and scholastic attainments. As amended by act March 7, 1893. A license from either district of a county, where there are two districts, is valid throughout the county. Sec. 7560. Prior appointments made valid. — Any appointments heretofore made by the county courts for the districts of such counties as are mentioned in the pre- ceding section in which an examiner has been appointed for each district are hereby declared to be legal and valid appointments. Act March 20, 1883, Sec. 2. The examiner must have the qualifications of an elector. He is an officer of the state — being a part of the executive department of the state. A woman may not be appointed to this position. The law authorizes, but does not require, the appointment of two examiners in counties having two judicial districts. Sec. 7561. Examiner shall take oath. — Before en- tering upon the duties of that office, the county examiner 23 DIGEST OF SCHOOL LAWS. shall take and subscribe the oath prescribed for officers by the constitution of this state, and file such oath in the office of the county clerk. Act March 7, 1875, Sec. 43. . Sec. 7562. He shall stand examination. — All county examiners shall be required, before entering upon the duties of their offices, to stand the same examination as is required of the teachers who receive first grade licenses. Sec. 7563. He is not eligible for director. — No one shall fill the offices of county examiner and school direct- or at the same time. Sec. 7564. County clerk shall notify Superintendent of appointment. — The clerk of the county court in each county shall notify the superintendent of public instruc- tion of the appointment of the county examiner in his county immediately upon his appointment, together with his name and address. Sec. 7565. State Superintendent shall examine. — The superintendent of public instruction shall either at- tend in person or appoint some one duly qualified to ex- amine such person appointed as county examiner, as to his qualifications, using the same questions as are then being used in the examination of teachers applying for first grade license. Sec. 7566. Compensation. — All county examiners shall be paid such salary each year as may be fixed by the county judge of the county for which he was appoint- ed, out of the school fund of such county; provided, such salary shall not be greater than the amount received by the county treasurer from the tax imposed in the fol- lowing section. The intention of the statute was to fix the salary of an examiner at an amount equal to the amount paid in by the applicants for exam- inations, and it was not intended to reduce the salaries already paid these officers. The salary of the county examiner cannot be paid in county scrip. The law expressly says that it shall be paid out of the common school fund of the county. 24 DIGEST OF SCHOOL LAWS. Sec. 7567. Applicant for license must have receipt. — No county examiner shall examine any one applying to him for license as a teacher until he shall present a receipt from the county treasurer for two dollars paid by him to such treasurer to go to the credit of the county school fund. Act March 7, 1893. The examiner's fee must be paid to the county treasurer and not to the examiner. Any fee greater than two dollars is illegal. This fee is the same for either public or private examinations and is to be paid for the examination and not for the certificate. It should be paid to the county treasurer and a receipt taken before the examination begins. Sec. 7568. He shall examine and license teachers. — It shall be the duty of such examiners to examine and license teachers of common schools. He shall hold on the third Thursday and Friday following of March, June, September and December, at the hours designated by the state superintendent of public instruction, at the county seat of each county, in a suitable room to be provided by the county court, and using the questions prepared by the department of public instruction, a public examination for that purpose. The questions shall be mailed by the superintendent of public instruction, under seal, and shall not be opened until day of examination, and then in the presence of the applicants for license. He shall conduct all examinations in writing and shall grant no certificate of qualification, except in accordance with the provisions of the law respecting teachers' certificates. He shall grant private examinations only when public necessity clearly demands it, and then only on the written request of the directors of the district in which the teachers pro- pose to teach. The examination papers of all persons licensed shall be graded and filed in the county exam- iner's office, subject to the inspection of the state super- intendent of public instruction or any school director of the county. The questions furnished by the state super- intendent shall be used only at the time designated for public examinations. The standing of each applicant in each study must be indorsed on the certificate issued only 25 DIGEST OF SCHOOL LAWS. upon examination, otherwise the certificate shall not be valid. The examination must be quarterly and public. The dates fixed for these quarterly examinations are the third Thursday and Friday fol- lowing of March, June, September and December. The written ques- tions are furnished by the state superintendent and are uniform throughout the state. The regulations as to the grading of the certifi- cates are furnished to each examiner with the questions. He is pos- itively forbidden to grant certificates without examination, or upon a partial examination. He is not authorized to issue a license based upon a diploma or upon a license issued in another county or state. Examination papers are a part of the public documents of the county examiner's office. They are in no sense the property of the teacher by whom they are prepared. Like all other public documents, they are open to inspection by any one desiring to examine them, but they must not be removed from the county examiner's office. The examiner is not required to grant a private examination or one held at any other than the regular quarterly dates. Private exam- inations should be granted only when public necessity demands. When granted they should be conducted in the same manner and with the same regulations and requirements as are the public quarterly exam- inations. Sec. 7571. He shall grant license. — All persons present and applying for examination, with the in- tention of teaching, the examiner, if convinced that such persons are of good moral character and are com- petent to teach successfully the foregoing branches shall give such persons certificates, ranking in grades to corre- spond with the relative qualifications of the applicants, according to the standard adopted. {See Sec. 7577.) Sec. 7572. He shall not license in some cases. — He shall not license any person to teach who is given to pro- fanity, drunkenness, gambling, licentiousness or other demoralizing vices, or who does not believe in the exist- ence of a supreme being; nor shall he be required to* grant private examinations, except as provided in Section 7568. The examiner must convince himself by evidence if the applicants are unknown to him, that they are of good moral character. He must exclude every person who is given to profanity, drunkenness, gambling, licentiousness, or other demoralizing vices. Such vices may be refusal to obey the law as to institute work or regular examination work. A positive refusal upon the part of an applicant, or one holding a license, to obey the school law should exclude him or take from him his li- 26 DIGEST OF SCHOOL LAWS. cense. Obedience to law is the first mark of a true teacher, and no one may claim privileges under it who refuses to obey it. He should ascer- tain by direct question the belief of every person as to the Supreme Being. The words "who is given to," mean either "habitual" or "ha- bitual when opportunities afford." It requires no nice distinction to avoid extremes at this juncture. If the applicant is given to these tilings so as to raise a question of doubt in the mind of the examiner, tlic applicant should be txcluded. The doubt must be resolved in favor of the schools and not in favoi of the applicants. He must show a positive moral character, one emphatically marked by the absence of these vices and cannot rely upon the ordinary presumptions of inno- cence. He must show himself clear or be excluded from the state's schools. Sec. 7573. He may re-examine and revoke license. — He may cite to re-examine any person holding a license and under contract to teach any free school within his county, and on being satisfied by a re-examination, or by other means, that such person does not sustain a good moral character, or that he has not sufficient learning and ability to render him a competent teacher,, he may for these and other adequate causes, revoke the license of such person. In the case of Huff v. Lee, 61 Ark., 494, the supreme court held that the examiner was not personally liable for damages for the revo- cation of a teacher's license, provided he acted in good faith and with- out malice, and provided he gave the teacher due notice and a fair hearing before revoking the license. In the case of School District v. Maury, 53 Ark., 471, it was held that the power given the examiner to revoke the license of a teacher does not exclude the right of a board of directors to terminate a con- tract for gross immorality or incompetency. Only the question of revo- cation for these two causes was raised in this case, but it may be in- ferred that other adequate causes would justify a board of directors in terminating a contract, without waiting for a revocation of license by the county examiner. In all such cases justice demands that the teacher be given a proper hearing before final action is taken. Sec. 7574. He must give notice of revocation to teacher and directors. — In case of such revocation, he shall immediately give notice thereof to such teacher and the directors, and thereby terminate the contract be- tween the said parties, but the wages of such teacher shall be paid for the time he shall have actually taught prior to the day on which he received notice of the revo- cation of his license. Act April 14, 1893. 27 DIGEST OP SCHOOL LAWS. Sec. 7577. He shall grant three grades of certifi- cates. — There shall be three grades of certificates grant- ed on the following conditions : Applicants receiving a third grade license, which shall be valid for six months, must pass an approved examination in spelling,, reading, penmanship, English grammar, arithmetic, geography and United States history; receiving a second grade li- cense, valid for one year, an approved examination in the subjects required for a third grade~license,, and also in history of Arkansas, physiology and theory and art of teaching; receiving a first grade license, valid for two years, an approved examination in the subjects required for a second grade license, and also in civil government and elementary algebra. He shall also be empowered, at the request of school boards desiring the services of such teachers, and upon satisfactory evidence of qualifications, to grant special licenses to teach subjects not enumerated above, valid for two years, and good only with reference to the teaching of subjects mentioned in said license. No person shall be granted an examination until he shall pre- sent a receipt from the county treasurer for two ($2) dollars, paid by him to the said treasurer, which amount shall be placed to the credit of the common school fund of the county. Each teacher shall be authorized to teach only those branches upon which he has passed an ap- proved examination and which he has been licensed to teach. Directors and teachers should notice this section. No teacher can, without violating the law, teach those subjects in which he has not passed an approved examination. Directors cannot cause him to do so. ACT 315. AN ACT to require the teaching of Elementary Agricul- ture and Horticulture in the public schools of the State. Be it Enacted by the General Assembly of the State of Arkansas : Section 1. That school directors of the various school districts of the State of Arkansas, are hereby 28 DIGEST OF SCHOOL LAWS. directed and required to require all persons teaching in the public schools of this state to teach elementary agri- culture and horticulture in their schools. Sec. 2. That all authorities empowered by statute to adopt text boks for use in their public schools of this state are hereby directed and required to select and adopt some suitable elementary text book on the subject of agriculture and horticulture to be used in the public schools of their respective counties or districts. Sec. 3. That it shall be made the duty of the coun- ty examiner of each and every county in the state to see that every public school district in the various counties of this state have in their possession the text book on elementary agriculture and horticulture adopted for use in their respective counties or districts. Sec. 4. That it shall be the duty of each and every county examiner to see that the provisions of this act be enforced. Sec. 5. That any county examiner, school director or other officer having authority to enforce the provis- ions of this act, shall neglect or refuse to enforce the same, shall forfeit to the district so neglected or refused, the sum of twenty-five dollars, said sum to be added to the school fund of said district, which may be recovered by action brought against him, at the instance of any elector in said neglected or refused district. Sec. 6. All laws and parts of laws in conflict here- with be and they are hereby repealed. Sec. 7. That this law take effect ten months after its passage. Approved May 31, 1909. 29 DIGEST OF SCHOOL LAWS. Sec. 7578. He shall keep a record of each teacher. — He shall keep a record of the age, name, sex, post-office address and nativity of each person licensed by him to teach, and of the date and grade of his certificate, and shall include such record in his report to the state super- intendent. Sec. 7579. He shall instruct and encourage teachers and patrons. — He shall encourage the inhabitants to form and organize school districts, to establish public schools therein, under qualified teachers,, to furnish suit- able text-books for their children and to send them to school. He shall direct the attention of teachers and school patrons to those methods of instruction that will best promote mental and moral culture, and to the most feasible and improved plan for building and ventilating schoolhouses. He shall labor to create among the people an interest in public schools, and shall take advantage of public occasions, such as the dedication of schoolhouses, public examinations and institutes, to impress people with the importance of educating every child, and con- sequently of the duty of maintaining a system of free schools established by law. He shall receive the reports of the directors, transmit an abstract of the same to the state superintendent, and transmit therewith a report of the condition and prospects of the schools under his superintendence, together with such other information and suggestions as he may deem proper to communicate. Sec. 7580. Annual report — Includes what. — He shall, annually, on or before the 10th day of August, pre- pare in tabular form, an abstract of the reports made to him by the directors of the school districts embraced within his county, showing the number of organized "dis- tricts in his county at the commencement of the year, on the first day of July preceding, the districts that have made their annual reports, the number of persons in each district between ages of six and twenty-one years, distin- 30 DIGEST OP SCHOOL LAWS. guishing the sex and also the color of said persons; the number of said persons that attended school during the year; the average number of males and females of each color in daily attendance; and the number that pursued each of the studies designated to be taught in the com- mon schools; the number of teachers of each sex em- ployed in his county; the average wages paid per month to the teachers of each sex, according to the grades of their certificates; the whole amount paid as teachers' wages in his county ; the number of pupils that studied in his county, and the several branches taught; the number of schoolhouses erected during the year in his county, material and the cost of the same; the number before erected, the material used in their construction, their con- dition and value; the grounds of how many inclosed; the amount of money raised by tax in each district, for w-hr»t purpose raised; the amounts that have been ex- pended, and for what purpose; the amount of revenue received by his county from the common school fund and received for the support of the schools from each of all other sources; for what purposes and in what sums the said revenues were expended, and what amounts unex- pended were, at the close of the school year, in the county treasury ; and shall report also the number of deaf mutes, blind and insane in each school district in his county, under thirty years of age, their names and their post- offices. Sec. 7581. He shall number districts. — He shall number the several school districts in his county in reg- ular order from number one upward, and shall keep in his office a record and description of each district, with the boundaries clearly defined, and also a record of such changes or alterations in the boundaries of each as shall from time to time be made. 31 DIGEST OF SCHOOL LAWS. SEC, 7582. To hold institutes — may appoint. — He shall have the power to appoint some suitable person to hold teachers' institutes and examine teachers in his county in case of his inability to attend such institutes and examinations. Act December 7, 1875, Sees. 45-52. SEC, 7583, County court may remore for cause. — • It' any county examiner shall be found incompetent. Ox shall be frequently neglectful of his duty, upon satisfac- tory proof, the county judge shall remove him from of- fice and shall immediately appoint his successor. Act March 11, 1881, S*\ 7. Sec. 7584, Penalty for neglect of duty. — If any count>' examiner shall neglect, fail or refuse to perform any < f the duties required of him in Section 7580, and shall not forward the abstract mentioned in said section to the superintendent o( public instruction on or before enth day of August of each year, he shall forfeit to the county ! he sum of twenty-five dollars, to be recovered as provided by law, toother with all cost, and be paid county treasury. As amended by Act of April 28, L901, SEC, 7585 County court may alloie expenses.- - Each county examiner shall make out and present to the county court of his county, at its first term after the thir- tieth o( June in each year, an account of expenditures for postage, county district records, or a school district map o( the districts o( his county, and of freight or ex- press charges for the transmission of blanks or such other expenditures as he may have actually and unavoid- ably incurred, and the county court may allow the same in any sum not exceeding twenty-five dollars in any one year, including ten dollars for his report to the superin- tendent of public instruction. SEC, 7586, County clerk shall issue warrant for ex- w hen the county court shall have allowed the lint of the county examiner as provided in the pre- DIGEST OP SCHOOL LAWS. vious section, the county clerk shall issue a warrant upon the treasurer for said claim, and upon presentation of said warrant to the county treasurer, he shall pay the same out of the common school funds in his hands be- longing to the county and not yet apportioned to the sev- eral school districts. Act March 2, 1887, Sees. 2-3. Sec. 7587. Shall furnish pupils a certificate. — When a pupil has completed the course prescribed in Section 7532 and passed a satisfactory examination the teacher and directors shall certify the same to the county exam- iner, and thereupon he shall furnish to said pupil a cer- tificate to be supplied by the state superintendent, and in the nature of a diploma, the same to be signed by the state superintendent, and countersigned by the county ex- aminer and teacher of said pupil. Examiners shall hold institutes. — A Bill for an Act to be Entitled An Act to Amend Act 311 of the Thirty-fifth General Assembly of the State of Arkansas, entitled "An Act to Improve the Character of Teaching in the State of Arkansas." Be it enacted by the General Assembly of the State of Arkansas : That Act 311 of the Thirty-fifth General Assembly, of the State of Arkansas be amended to read as follows : Section 1. It shall be the duty of the County Ex- aminers of the various counties of the State of Arkansas to hold one institute for the white teachers and one for the negroes of one week each within the month of June in each year; Provided, if there are any less than eight teachers of either race in any county, the County Exam- iner may arrange the institute as may seem best to him, and, provided further, that the County Examiner may appoint some competent person to take charge of and conduct the institute for the negroes. 33 DIGEST OF SCHOOL LAWS. Sec. 2. State Superintendent shall outline work. — It shall be the duty of the State Superintendent of Public Instruction to outline the work in the common school branches to be done at the institutes, and all of the time of said institute shall be devoted to class work in the branches of reading, writing, arithmetic, orthography, grammar, geography, history of the United States and the State of Arkansas, theory and practice and physi- ology. Elementary agriculture and horticulture added to above by Act of May 31, 1909. Sec. 3. Teachers must attend institutes. — It shall be the duty of the teachers holding license to teach in the public schools of the State of Arkansas, to attend said institutes for the full time, unless excused by the conductor, and to do the work outlined by the State Su- perintendent of Public Instruction. Sec. 4. Examiner may renew license. — The County Examiner, on finding that the teachers in attendance for not less than three days are entitled to the grade of li- cense they hold, shall endorse the same at the close of the institute, and said indorsement shall have the effect of extending the license from the time of its expiration for the time for which it was originally issued, provided, said license shall expire before the convening of the next institute; provided, the examiner may endorse a third grade license issued at the September examination next preceding the June institute, and providing further, that said teacher shall have complied with the provisions of this act ; but no third grade license shall be renewed more than once ; no second grade license shall be renewed more than twice. Sec. 5. Attendance at other institutes or normals. — Teachers who attend Peabody institutes or other insti- tutes or summer normals may have their license renewed by any examiner to whom application for renewel is made on presenting within ten days after the close of 34 DIGEST OP SCHOOL LAWS. such institutes or normals certificates of attendance to- gether with receipt from the county treasurer for the payment of regular examination fee. Sec. 6. Renewal — when made. — Except as provided above, endorsement shall be made only at the close of the June institutes and only to teachers who attend the in- stitutes in the county in which application for endorse- ment is made and the same fee shall be required for en- dorsements extending the time of licenses as is required for regular examinations. Sec. 7. Those holding state and professional license shall assist. — It shall be the duty of those holding State and professional licenses to attend the institutes and as- sist the County Examiner in conducting the same and said licenses shall be endorsed as county licenses, showing the attendance at the institute, and if the same be not endorsed each year for five consecutive years, it shall be null and void. Sec. 8. State Superintendent may revoke license. — The State Superintendent of Public Instruction is hereby authorized and empowered to revoke the license of any County Examiner who fails or neglects to perform any of the other duties required of him by law. Upon receiv- ing notice of such revocation of the license of a County Examiner the county judge shall within twenty days ap- point another examiner in accordance with the law regu- lating the appointment of county examiners. Sec. 9. Laws in conflict repealed. — All laws and parts of laws in conflict herewith are hereby repealed, and this Act take effect and be in force from and after its passage. COUNTY SUPERINTENDENTS. An Act Creating the Office of County Superintendent, Fixing the Salaries, and Defining His Duties. Be it Enacted by the General Assembly of the State of Arkansas: 35 DIGEST OF SCHOOL LAWS. Section 1. That at the next general election for State and county officials, and every two years thereafter, there shall be elected in the same manner, and under the same restrictions as are provided by law for the election of other county officials, a County Superintendent of Schools for each county in the State of Arkansas, who shall qualify as other county officials, and who shall hold his office for a term of two years, or until his successor shall have been elected and qualified. Question must be submitted to electors. — Provided, that before any county shall be authorized to elect a County Superintendent, the question of "For County Su- pervision" and "Against County Supervision," shall be submitted to the qualified electors at the annual school meeting held on the third Saturday in May in the years preceding those in which the general State and county elections are held, and if a majority of the electors voting on the question in said election vote for County Super- vision, then said county shall elect a County Superintend- ent as provided by this act. Counties having two judicial districts would not vote separately upon the question of county superintendence', a majority of the vote of the whole county would govern. "Where a district occupies territory in more than one county, the votes of the election shall be forwarded to their respective county seats. There can be no joint superintend- ence- as a superintendent shall have jurisdiction only over one county. Sec. 2. Office of County Examine?' abolished. — The present county examiner in each county shall continue to perform the duties of his office, and to receive compensa- tion therefor, until the county superintendent shall be duly elected and qualified, in keeping with Section 1 of this Act, upon which the office of County Examiner shall be and the same is hereby abolished. Sec. 3. Eligibility for County Superintendent. — Before any person shall be eligible to the office of county superintendent, he shall have attained the age of twenty- five years, shall have taught at least twenty-four months in the county within five years preceding his candidacy, 36 DIGEST OP SCHOOL LAWS. and shall at the time of his candidacy hold a first grade teacher's license, to be approved by the State Superin- tendent, professional teacher's license, or State teacher's license, and he shall be eligible to re-election without fur- ther examination. Duties. Sec. 4. He shall hold examinations and grant li- censes. — The county superintendent shall hold quarterly examinations, using questions furnished by the state superintendent of public instruction, and shall grant to persons of approved moral character, a license to teach in the public schools of the county in which the examina- tion is held under the following regulations: Applicants receiving third grade license,, which shall be valid for six months, must pass an approved examina- tion in spelling,- reading, penmanship, English grammar, arithmetic, geography, and United States history. Also, elementary agriculture and horticulture. Act May 31, 1909. Receiving a second grade license valid for one year, an approved examination in the subjects required for a third grade license, and also in the history of Arkansas, physiology, and theory and art of teaching. Eeceiving a first grade license valid for two years,, an approved examination in the subjects required for a second grade license, and also in civil government, and elementary algebra. He shall be empowered at the request of the school board desiring the services of such teacher, and upon sat- isfactory evidence of qualification, to grant special license to teach subjects not enumerated above, valid for two years and good only with reference to the teaching of the subjects mentioned therein. No persons shall be granted an examination until he or she shall present a receipt from the county treasurer for two dollars paid by him to the said treasurer, which amount shall be placed to the 37 DIGEST OP SCHOOL LAWS. credit of the fund for the payment of the salary of the county superintendent. Each teacher shall be authorized to teach only those branches upon which he has passed an approved exami- nation and which he has been licensed to teach. Sec. 5. He shall keep account with districts. — He shall keep an accurate account with each school district in the county, which shall include the name of directors, amount debited and credited to each district, source of receipt and manner of disbursement. He shall keep a record of all contracts made with the teachers and all contracts made with the dealers for school supplies, and no charts,, maps, globes or other school supplies, shall be purchased by the directors unless the same shall meet with his approval. He shall be required to furnish plans and specifications for the erection of new school houses, subject to the approval of directors. He shall file in his office a record of the amount voted for various purposes at the annual May meeting of the electors of the several districts of his county, and he shall not approve any war- rant drawn' for any purpose other than those ordered at the May meeting. Within ten days after the annual school meeting the directors of the various districts shall report to the County Superintendent, upon a blank pro- vided for that purpose, the amounts ordered expended by the directors of their districts for the ensuing twelve months, also the number of mills voted for school pur- poses. Sec. 6. Teachers required to file reports. — He shall receive from each teacher monthly reports as to their vvork, including the number of pupils enrolled, the aver- age number of daily attendance, the number in each of the branches taught, the number of visits of directors and patrons, and such other items as the State Superintend- ent may direct. He shall require the teachers to file or cause to be filed in his office a similar report for the en- ss DIGEST OP SCHOOL LAWS. tire term of their schools,, together with a copy of his daily register; Provided, That in any school having more than one teacher, the principal teacher thereof may file one report for the entire school. Sec. 7. He may refuse to grant license. — He shall not license any person to teach who is given to profanity, drunkenness, gambling, licentiousness, or other demoral- izing vice, and who does not believe in the existence of a Supreme Being. He may cite to re-examination any per- son holding a license in his county, and on being satisfied by re-examination, or by other means, that such person does not sustain a good moral character,, or that he has not sufficient learning or ability to render him a compe- tent teacher, he may, for these and other adequate causes, revoke the license of such persons. In case of such revo- cation, he shall immediately give notice thereof to such teacher and the directors, and thereby terminate the con- tract between said parties, but the wages of such teacher shall be paid for the time he shall have actually taught prior to the day on which he received notice of the revo- cation of his license. Sec. 8. He shall prepare course of study and help secure books. — He shall co-operate with teachers and di- rectors to secure in those counties, which have adopted county uniformity the use of the books which have been adopted. In those counties which have not adopted uniformity, he shall co-operate with teachers and direct- ors to have district adoptions as now required by law, and where adoption in districts may not be made, he shall strive to secure the use of those text-books in most gen- eral use. He shall prepare a course of study for the use of schools of his county,, following the plans suggested by the State Superintendent, and shall aid the teachers in putting the same into successful operation in his county. Sec. 9. He shall open and keep office. — He shall have and maintain a suitably equipped office at the coun- 39 DIGEST OP SCHOOL LAWS. ty seat at the expense of the county, and shall keep there- in a supply of blanks as may be furnished by the State Superintendent of Public Instruction to the directors, and shall see that the various districts of his county are sup- plied with the same. He shall also keep in his office a record and description of each district in his county, mak- ing such changes and alterations in the boundaries of the same from time to time as the action of the county court in forming new districts may require,, and shall keep an up-to-date map of the districts of his county. He shall also keep a record of all official acts and deliver the same to his successor in office. He shall remain in his office during business hours on the second and fourth Satur- days in each month to attend to his official duties. Sec. 10. He shall devote entire time to office. — He shall devote his entire time in the performance of his of- ficial duties, and shall visit each school in his county at least once during each year, and as often thereafter as practicable, remaining therein not less than three hours on his first visit. He shall keep a record of each visit, giving therein the condition of the school and all official acts and recommendations made by him at the time of such visit. He shall labor to create among the people an interest in public schools, and shall give such directions and shall make such recommendations and suggestions to teachers and to school boards, as he may deem needful to secure the best results in the instruction of pupils, and he shall from time to time examine classes and note the character of work that is being done. He shall also, in addition to the annual county institute now required by law to be held, divide his county into as many districts as may be practicable, and hold in each district at some place suitable to the convenience of the teachers, during school terms, institutes for the purpose of instructing the teachers in methods of teaching, and for the discussion of all matters pertaining to the interest of schools. A dis- trict institute shall be only one day in length, and all 40 DIGEST OF SCHOOL LAWS. teachers of the district, unless excused for sickness or other adequate cause, shall attend the same, and for fail- ure to do so their licenses may be revoked. His super- vision as indicated in this act shall not extend to cities or towns that have provided for the supervisions of their schools. Sec. 11. Annual report. — Contains what. — He shall annually on or before the 10th of August, prepare in tabular form an abstract of the reports made to him by the directors of the school districts embraced in his coun- ty, showing the number of organized districts in his coun- ty at the commencement of the year; on the first day of July preceding, those districts that have made their an- nual reports, the number of persons in each district be- tween the ages of six and twenty-one years, distinguish- ing the sex, and also the color of said person ; the number of said persons that attended school during the year, and the number enrolled in private schools ; the average num- ber of males and females of each color in daily attend- ance, and the number that pursued each of the studies designated to be taught in the common schools, the num- ber of teachers of each sex employed in his county, the average wages paid per month to the teachers of each sex according to the grade m of certificate; the whole amount paid as teachers' wages in each county ; the num- ber of pupils that studied in his county, and the several branches taught; the number of school houses erected during the year in his county, material used in their con- struction, their condition and value; the grounds of how many inclosed, the amount of money paid by tax in each district, for what purpose raised; the amounts that have been expended and for what purpose ; the amount of rev- enue received by his county from- the common school fund, and received for the support of schools from each of all other sources ; for what purpose and in what sums the said revenues were expended, and what amounts un- expended were at the close of the school year in the coun- 41 DIGEST OP SCHOOL LAWS. ty treasury and shall report also the number of deaf mutes and blind in each school district in his county, be- tween the ages of six and twenty-six years, their names and postoffices. Sec. 12. Examination. — When held. — How. — The county superintendent shall hold the quarterly examina- tion on the third Thursday and Friday following of March, June, September and December at the hours des- ignated by the state superintendent of public instruction at the county seat of each county, in a suitable room to be provided by the county court, and using the questions pre- pared by the department of public instruction. The ques- tions shall be mailed by the state superintendent of pub- lic instruction under seal, and shall not be opened until the day of the examination, and then in the presence of the applicants for license. He shall conduct all examina- tions in writing, but shall grant no certificates of qualifica- tion except in accordance with the provision of the law respecting teachers' certificates. He shall grant private examinations only when public necessity demands it, and then only on the written request of the directors of the district in which the teachers propose to teach. The ex- amination papers of all persons licensed shall be graded and filed for two years in the county superintendent's of- fice, subject to the inspection of the state superintendent of public instruction, or any school director of the coun- ty. The questions furnished by the state superintendent shall be used only at the time designated for public exam- inations. The standing of each applicant in each study must be endorsed on the certificate issued only upon ex- amination; otherwise the certificate shall not be valid. Sec. 13. Shall teach normal institute. — The county superintendent shall teach a normal institute from the first Monday in April to the regular quarterly examina- tion in June. He shall have power to appoint assistants to help conduct the colored normal institute whenever the 42 DIGEST OF SCHOOL LAWS. number of colored teachers justifies. He shall confer with the state superintendent and outline a course of study to be used in the normal institutes. This course of study shall embrace the branches of study required for a first grade certificate, and shall seek to qualify teachers and prospective teachers for more efficient work in the school room. Tuition for all teachers and prospective teachers shall be free, but for all others the tuition shall be four dollars per month, and shall be paid into the treasury as license fees are now paid, and for the same purpose. Pro- vided, the last week of the said normal institute shall be the week's institute as now provided by law. Sec. 14. Compensation of county superintendent. — The compensation of county superintendents shall be paid out of the general school fund of their respective coun ties, and shall be drawn by a warrant signed by the coun- ty clerk and allowed by the county court or judge of his county. Said compensation shall be as follows : Each superintendent shall receive the same salary as the coun- ty judge of his county, but no superintendent's salary shall exceed Twelve Hundred ($1200.00) Dollars per year, nor in any case for less than Six Hundred ($600.00) Dollars a year. Provided, the salary for the last quarter of each year of his services shall not be paid until the county treasurer shall see in person that the proper rec- ords for the year have been filed among the permanent records of the county superintendent's office. Sec. 15. County court shall set aside fund for sal- ary. — For the purpose of paying the salary of the county superintendent, as set forth in Section 14 of this Act, the county court shall at the first term after the collector and the state shall have paid to the county treasurer all funds due the common schools, before said sums are pro rated or credited each district of the county, set aside the salary herein mentioned, said salaries shall be placed in the county treasury, to the credit of the county superin- tendent, and shall be known as the "County Superintend- 43 DIGEST OP SCHOOL LAWS. ent's Fund." Said salary shall be paid to the county su- perintendent quarterly and shall be drawn by warrant, as provided in Section 14 of this Act. Sec. 16. Fees for examination. — The fees paid for examination for license to teachers as provided in Section 7567 of Kirby's Digest, shall be set aside and applied to- wards the payment of the said county superintendent's salary. Sec. 17. He shall take oath. — Before entering upon the duties of said office, the county superintendent shall take and subscribe the oath prescribed for other coun- ty officers by the Constitution of this State, and file such oath in the office of the county clerk;. Sec. 18. Laws in reference to county examiner shall apply. — That all laws and parts of laws applicable to the office of county examiner, not in conflict herewith, shall be applicable to the office of county superintendent ; and that all laws and parts of laws in conflict herewith be and the same are hereby repealed, and that this act shall take effect and be in force from and after its pass- age. Approved May 27, 1907. ANNUAL SCHOOL MEETING. Sec. 7588. Who may hold meetings. — When held. — That the male residents in each organized school district in this state over the age of twenty-one years, who have paid their poll tax and resided therein for thirty days, and within the state for a period of one year, and in the county six months, previous to said elections, shall an- nually on the third Saturday in May at two o'clock p. m., hold a public meeting to be designated "The Annual School Meeting of the District," and each school district for the purpose of school elections alone, shall be a polit- ical township. As amended by Act of January 10, 1897. 44 DIGEST OP SCHOOL LAWS. Sec. 7589. Qualifications of voters. — All persons qualified to vote for county and state officers at the gen- eral election shall be deemed qualified electors of the school district in which they reside, and shall have the privilege of voting at all school meetings. Sec. 7590. Electors.— Powers of. — The electors of every school district shall, when lawfully assembled in annual school district meeting, with not . less than five electors present, have the power, by a majority of the votes cast at such meeting : First, to choose a chairman ; second, to adjourn from time to time; third, to appoint, when necessary, in the absence of the directors of the dis- trict, a clerk pro tern. ; fourth, to elect a director for the district for the next three school years, who can read and write; fifth, to designate a site for a school-house; sixth, to determine the length of time during which a school shall be taught more than three months in a year; sev- enth, to determine what amount of money shall be raised by tax on the taxable property of the district, sufficient with the public school revenues apportioned to the dis- trict, to defray the expenses of a school for three months, or for any greater length of time, they may decide to. have a school taught during the year; provided, no tax for purposes aforesaid greater than seven-tenths of one per cent on the assessed value of the taxable property of the district shall be levied; and provided, further, they may, if sufficient revenue cannot be raised to sustain a school for three months in any one year, determine by ballot that no school shall be taught during such year, in which case the revenue belonging to such district shall re- main in the treasury to the credit of such school district ; eighth, to repeal or modify their proceedings from time to time. To be an elector he must have his name on the paid tax list or exhibit a poll tax receipt. The power of the electors as enumerated in the above section may be considered briefly as follows: 45 DIGEST OF SCHOOL LAWS. 1. To choose a chairman. This must be done in order that the business of ihe meeting may be properly conducted. Failure to hold the annual meeting would not set aside the election of school director and the voting of tax, if the polls are opened for these purposes as provided in Section 7591 of the school law. 2. To adjourn from time to time. The annual meeting maji be adjourned to another date for good reasons, but the election of direct- or and the voting for or against tax could not be considered at an adjourned meeting. These matters must be settled at the meeting held on the third Saturday in May. 3-. To appoint a clerk. This is necessary in order that the re- quirements of Section 7632 may be met; also that a permanent record may be had of the proceedings of the meeting. 4. To elect a director who can read and write. Certainly a rea- sonable requirement. In case there are to be elected two or more di- rectors the ballot should show the length of time each is to serve. 5. To designate a site for a schoolhouse. Due notice should be given in the annual school meeting notice, if the selection of a site is to be considered. See Section 7629 of the school law. Directors have no authority to change the site of the schoolhouse, unless the electors in the annual school meeting vote that this be done, and select the new site. 6. To determine the length of time the school shall be taught more than three months in the year. It is, expected that a school be maintained in each school district for at least three months in the year, if there be funds in the treasury available for that purpose. The electors may vote to extend the term more than three months. In the absence of any negative action on the part of the electors, the directors would be authorized to extend the term beyond three months, if the funds in the treasury to the credit of the district justify such extension. 7. To determine what amount of money shall be raised to defray the expenses of the school. In order that the electors may vote intel- ligently on this question, it is very important that the directors sub- mit the estimate required in Section 7625 of the school law. S. To repeal and modify their proceedings. The acts of the elec- tors at any school meeting may be repealed or modified at a subse- quent meeting within certain limitations. This does not apply to the invalidation of any contracts that may have been made, unless by con- sent of both parties to the same, a repeal or modification is effected. Directors may permit a school to be taught for a shorter term than three months, in the absence of an instruction to the contrary on the part of the electors, though this is of dou^'.ful expediency. Besides these powers, the electors are authorized by Section 7614 to direct the sale or exchange of the site or schoolhouse; and by Sec- tion 7643, to direct the use of the schoolhouse wii'i r > erence to pri- vate schools; and by Section 7626, to direct the proc .-. _ings in all ac- tions and suits at law brought for or against the district, if they elect to do so. Directors have no power to build a school house with funds of the district unless authorized to do so at the May meeting, and a contract made for such purpose under authority conferred by a special meeting held in June is void. Fluty v. School District, 49 Ark., 94. 46 DIGEST OF SCHOOL LAWS. Changing boundary of school districts. The people at an an- nual meeting have no power to change the boundary lines of their district, or to re-organize the district. The law places such matters in the hands of the county court. School furniture can only be furnished by a common school dis- trict from funds derived from a special tax for that purpose. Special school districts may buy school furniture out of any funds to their credit. Sec. 7591. Annual election — How held — The an- nual district election shall be held by the school directors as judges who shall have power to appoint two clerks; and if any of the directors should not attend, the assem- bled voters may choose judges in the place of those not attending, and the judges and clerks shall take the oath prescribed by the general election law; provided, thai it shall be lawful for the county court of any county at the April term thereof to enter an order adjudging that the general election law shall apply to any school election to be held in said county for said year, and thereupon it shall be the duty of the sheriff of said county to publish his proclamation of said election, and the county election commissioners shall appoint judges to hold said election in the respective school districts, and said election of di- rectors and the voting of said school tax shall be held subject to and conform to all the requirements of the gen- eral election laws of the state of Arkansas; but this act shall not be construed to interfere with or in any way to diminish the rights and duties of the assembled elect- ors as to the matters to be passed upon in open meeting. The expenses of the election herein provided for shall be paid out of the general county fund as the expenses of general elections are now paid. The question as to who shall administer the prescribed oath is answered in Section 2807, Kirby's Digest, as follows: "In case there shall be no person present at the opening of any election authorized to administer oaths, it shall be lawful for the judges of the election to administer the oaths to each other and to the clerks; and such judges shall have full power and authority to administer all oaths that may be necessary in conducting any election." Unless the judges make return of the election or vote to the county court, it cannot levy the tax. Hodgkin v. Fry, 33 Ark., 716. 47 DIGEST OF SCHOOL LAWS. Sec. 7592. Ballot — Shall contain what. — The ballot of the voter shall, in addition to the names of the persons voted for as directors, have written or printed on it the words, "for tax," or "against tax," and also the amount of tax the voter desires levied. Sec. 7593. Judges shall make return to county court. — When the polls are closed the judges shall pro- ceed to count the votes, ascertain the result and make re- turn thereof to the county court, showing the number of votes cast for each person voted for for school director, also the number cast for and against tax, and the number of votes cast for each amount or rate of tax voted for ; such return, together with the ballots, shall be sealed up and delivered by one of the judges to the county clerk within twenty days after the election, and it shall be the duty of the county clerk to make a record of these returns and present the same to the county court when if meets for the purpose of levying taxes. As amended by Act of March 16, 1901. The annual school meeting- is held at two o'clock. It is presumed that immediately after the regular business as prescribed in Section 7590, Kirby's. Digest, is transacted, the polls will be opened for the annual school election. The supreme court held, in the case of Hol- land v. Davies, that the statute fixes no time for the closing of the polls, and that, "though the law has not been strictly complied with, where no obstruction or impediment to a fair expression of the will of the electors is shown" the election should be considered valid. A special school meeting can be called only for the election of a director. It was also held in the same case, that the omission of the judges to state in the returns the number of votes cast for and against tax will not defeat a levy adopted by the annual school meeting. The court concludes as follows: "If the substantial requisites of the vote appear, informalities and mere irregularities should be overlooked and disregarded." Sec. 7594. County court shall ascertain tax. — The county court, at its said meeting for levying taxes, shall take the record of the county clerk and ascertain whether a majority of the votes cast be for tax; and if a tax has been voted, then the county court shall determine the amount of taxes voted by taking the largest amount or 48 DIGEST OP SCHOOL LAWS. rate of taxation voted for by a majority of the voters, which shall be levied and collected by the district so vot- ing, and if no rate shall have received such majority, then all the votes cast for the highest rate shall be counted for the next highest, and so on, till some rate voted for shall receive a majority of all the votes cast. As amended by Act of March 16, 1901. Sec. 7595. Taxes. — Levied and collected. — All taxes voted for school purposes by any school district shall be levied by the county court at the same time the county taxes are levied, and shall be collected in the same man- ner as the county taxes are collected, at the same time and by the same person, and be paid into the county treasury, there to be kept subject to disbursement on the warrant of the school directors; provided, no tax for the purposes aforesaid greater than seven-tenths of one per cent on the assessed value of the taxable property of the district shall be levied, which shall be done by ballot. The county court has no power to levy a school tax independent of action on the part of the electors of each school district for which the tax is levied; it can only cause to be placed on the tax books and collected such rates as are reported from the districts. An excessive levy vitiates the whole tax. Worthen v. Badgett, 32 Ark., 496. See Ry. v. Parks, lb., 131; Rogers v. Kerr, 42 Ark., 100. COUNTY UNIFORMITY OF TEXT-BOOKS. Sec. 7596. Electors shall vote on question. — The electors of every common school district shall, when law- fully assembled in annual district school meeting on the third Saturday in May, with not less than five electors present, have the power, in addition to the powers al- ready provided by law, to vote on the question of county uniformity in text-books. A majority of all the electors voting at an election in the com- mon districts, and not a majority voting on the question, is necessary to adopt county uniformity. Only those electors residing in common school districts are allowed to vote on county uniformity. Sec. 7597. Ballot shall contain what. — The ballot of the electors shall, in addition to the name of the persons 49 DIGEST OP SCHOOL LAWS. voted for as directors, and the words "for tax" or "against tax," have written or printed on it "for county uniformity" or "against county uniformity." Sec. 7598. County court shall ascertain vote. — The county court at its regular meeting for levying taxes shall open the returns and ascertain, in addition to its other duties as now provided, whether the majority of all the votes cast at that election in the county be "for coun- ty uniformity," and if such be the fact the county clerk shall within ten days thereafter so certify to the county examiner and to the state superintendent of public in- struction. Sec. 7599. County uniformity board — How ap- painted. — In each county in which a majority of all the votes cast shall be "for county uniformity," the county examiner, together with two resident teachers of the county, holding first grade certificates, to be appointed by the state superintendent of public instruction within thirty days after receiving notice as in above section,, and two citizens of the county interested in the public schools, to be appointed by the county judge within thirty days, shall constitute the county school book board, who shall* take the oath of office prescribed by the constitution of the state,, and who shall serve until their successors are appointed and qualified in like manner. Sec. 7600. County uniformity board — Duties. — The county examiner, who shall be chairman of the coun- ty school book board, shall call its members to meet to- gether at the county seat in the courthouse on or before the third Tuesday in November, for the purpose for which the board is constituted. The board, after its or- ganization, shall proceed to carefully examine and com- pare the school text books and their prices, which may be submitted for its consideration, and shall within sixty days, by a majority vote of all its members, select and adopt a list or series of school text books on the following 50 DIGEST OP SCHOOL LAWS. subjects, to-wit: Writing,, spelling, reading, arithmetic, language lessons, English grammar, geography, history of Arkansas and of the United States, civil government of Arkansas and of the United States, physiology and hygiene and elementary algebra, for uniform use in the common school districts of the county for a period of six years from and after their adoption. In making such adoptions, the county school book board shall give due consideration to the school text books which are used in the majority of the school districts of the county, and to the wishes and recommendations of the teachers and school patrons, as may be expressed to the board by peti- tion or otherwise ; provided, equally as good terms can be obtained for the regular supply of the books already in general and satisfactory use in the schools of the county and for any exchange of books required, as can be ob- tained from publishers of other school books of equal merit and workmanship; and provided further, that no school books shall be adopted the price of which exceeds the price at which said books are furnished or sold to school patrons in any other state or territory. Act 315, May 31, 1909, requires adoption of text on elementary ag- riculture and horticulture. Sec. 7601. County uniformity board — Compensa- tion. — The county school book board shall be in session not to exceed ten days in any one year and each member of the board shall receive two dollars ($2.00) per day for each day he shall serve, to be paid out of the common school funds of the county. The chairman of the board shall file with the county clerk a statement showing the number of days each member has served, and the county clerk shall issue his warrant on the county treasurer in favor of each member in accordance with such state- ment, payable out of the common school funds of the county. Sec. 7602. Penalty for using other books. — The county examiner shall keep a record of the proceedings DIGEST OF SCHOOL LAWS. of the county school book board and the books adopted by it for uniform use in the schools of the county, with the contract prices of the same, of which adopted list and prices he shall give due notice to the teachers and school directors of the county by circular letters or otherwise. The books so adopted shall be brought into exclusive use in all the public schools of the county as soon and as rap- idly as practicable; and any teacher or school director permitting any other book or books than those adopted by the county board to be used in the schools under their charge after one year from the date of their adoption, shall be subject to a fine of not less than fifteen dollars ' $15.00), and any person selling any book so adopted to a school patron at a price greater than the contract price thereof, shalj be subject to a fine of not less than ten dol- lars ($10.00) ; provided, that nothing in this act shall be so construed as to prohibit any board of school directors, superintendent or teacher, from using readers or other books for supplementary purposes, but no such supple- mentary book shall take the place of any adopted book on the county list. Sec. 7603. Publisher shall deposit books and give bond. — Before any school book may be lawfully adopted by any county school book board in this state, its publish- er shall deposit in the office of the state superintendent of public instruction a sample or standard copy thereof, with its regular wholesale or mailing price plainly writ- ten or stamped therein, together with a written proposi- tion to furnish such school books to any school or school board, or to their authorized agent at the lowest whole- sale or mailing price thereof. And any publisher making a proposition to the state superintendent for furnishing school books in this state, shall file with the auditor of state a duplicate copy of his or their proposition to the state superintendent, and shall enter into a bond to and with the state of Arkansas in the sum of twenty thousand dollars ($20,000.00) for the faithful perform- 52 DIGEST OP SCHOOL LAWS. ance of his or their stated proposition. Said bond to be made through some reputable guaranty company. Sec. 7604. Publisher required to make contract. — That each county schoolbook board, before adopting any text-books, shall require its publishers to deposit in the office of the county examiner a sample or standard copy of the same,, and after its adoption, shall require said publisher to enter into contract with it, to furnish said text-books so adopted for the entire period of its adop- tion and use in the schools of the county at its lowest wholesale or mailing price as certified by the state super- 1 intendent; and shall require the publisher of each and every schoolbook so adopted to guarantee and maintain the mechanical quality and execution of such book equal to the sample or standard copy thereof filed in the office of the county examiner, and no county schoolbook board shall adopt any schoolbook whose publisher shall not have complied as to said book with the provisions of this act. Sec. 7605. Special district board may adopt. — The board of directors of special school districts in any coun- ty which shall adopt a uniform series of books, as pro- vided in this act, shall have the option of adopting the county uniform series or a different series, in whole or in part, for use in its schools. Sec. 7606. Counties voting "against uniformity." — In counties in which the vote is "against uniformity" there shall be no change in the school books in use in the public schools therein for one year; provided, the publish- ers of the books so in use shall furnish them upon the same terms as the same books are furnished in counties voting "for county uniformity," according to the provi- sions of this act. SCHOOL DIRECTORS. Sec. 7607. Directors — When elected — How. — At the annual school meeting, held on the third Saturday in 53 DIGEST OF SCHOOL LAWS. May, there shall be elected by the legal voters in each school district a director, who shall hold his office for the term of three years, and until his successor shall have been elected and have qualified. Provided, at the first annual school meeting of the district after the passage of this act, three school directors shall be elected, to hold of- fice one, two and three years, respectively. Provided further, when a new school district shall have been formed under the provisions of this act, three directors shall be immediately elected by the electors of the new district, and shall hold their office for one,, two and three years respectively, and until their successors are elected and qualified, as herein provided for Act December 7, 1875, Sec. 57, as amended by Act March 11, 1881, Sec. 2, and Act January 30, 1889. Sec. 7608. Directors shall take oath and file certifi- cate. — The judges of any school election of this state for school directors shall within five days after said election give to the said elected director a certificate of his elec- tion, who shall within ten days thereafter take the oath of office prescribed for directors,, and file the same, to- gether with his certificate of election, with the county clerk of his county, and enter at once upon the duties of his office. Act January 30, 1889. Sec. 7609. Oath — Who shall administer. — An old director shall, upon an application of an incoming direct- or, administer to him the oath of office. Act March 11, 1881, Sec. 5. Sec. 7610. Director fined for refusing to serve. — Any person who shall have been elected or appointed a director, and shall neglect or refuse to qualify and serve as such, shall forfeit to his district the sum of ten dollars, which may be recovered by action against him at the in- stance of any elector in the district, and which, when collected, shall be paid into the county treasury by the of- ficer before whom the action was maintained, and added 54 DIGEST OP SCHOOL LAWS. by the treasurer to the school fund revenues appropriat- ed to the district. Sec. 7611. Directors fined for neglect of duty. — Any director who shall neglect or fail to perform any du- ties of his office shall forfeit to his district the sum of twenty-five dollars, to be recovered as directed in the pre- ceding section, and to add in like manner to the school fund revenues apportioned to his district. Sec. 7612. Vacancy in office — How filled.— -If the office of any director in a district becomes vacant, the electors of said district shall, in a district meeting as- sembled, within fifteen days after the occurrence of such vacancy, elect a director to serve the remainder of the un- expired term; but if the district in which such vacancy occurs neglects or fails to elect a director to fill such va- cancy, then the county court shall appoint from the elect- ors of said district a director to serve the remainder of ■ the term. From Section 7608 it is plain that the last day upon which the newly elected director may take the oath of office is fifteen days from the third Saturday in May. In case no director is elected, the electors will have the right within fifteen days after the annual meeting to elect a director for a vacancy caused by a failure to elect at the proper time. For a vacancy caused by death, resignation, or otherwise, the electors have fifteen days from the date of such death, resignation or other occurrence which caused the vacancy, to fill the same. A bona fide removal of a school director from a district annuls his right to serve as such. His subsequent return to the district does not revive this right. A vacancy has been created, which should be filled by a special election, or by appointment, in case the special elec- tion is not held within the time prescribed by law. Sec. 7613. Duties in general — Shall establish schools. — The said board shall make provisions for estab- lishing separate schools for white and colored children and youth, and shall adopt such other measures as they may judge expedient for carrying the free school system into effectual and uniform operation throughout the state, and providing, as nearly as possible, for the educa- tion of every youth. 55 DIGEST OF SCHOOL LAWS. In the case of Maddox et al. v. Neal et al., 45 Ark., 121, the su- preme court of this state says: "A wide ra'nge of discretion is vested in these boards by the statute in the matter of the government and details of conducting of the common schools, but in the nature of things there is a limit to this discretion. Some positive and impera- tive duties are imposed upon them about which they have no discre- tion. The first and most important duty of the board is to make pro- visions for establishing schools. When the funds are provided, and the directors are not otherwise instructed by the school meeting of the district, the duty to provide a school for at least three months is mandatory, and the duty to establish separate schools for the whites and blacks is also incumbent on them. All the provisions of the law in relation to schools, in conformity to the constitutional mandate, are general, and the system, as far as the statute can make it, is uni- form. No duty is imposed upon or discretion given to the directors about schools for one race that is not applicable to the other. It is the clear intention of the constitution and statutes alike to place the means of education within the reach of every youth. Education at the public expense has become a legal right extended by the laws to all the people alike. No discrimination on account of nationality, caste or other distinction has been attempted by the law-making powers. The boards of directors are only the agents, the trustees appointed to carry out the system provided for. Their powers are no greater than the authority conferred by legislation. They can do nothing they are not expressly authorized to do, or which does not grow out of their expressed powers. • * * The opportunity of instruction in public schools, given by the statute to all of the youths of the state, is in obedience, as we have seen, to special command of the constitution, and it is obvious that a board of directors can have no discretionary power to single out part of the children by the arbitrary standard of color, and deprive them of the benefits of the school privilege. To hold otherwise would be to set the discretion of the directors above all law." A director living in an old district, should his property be in- cluded in a new district formed from a portion of the old, ceases to be a director. The duty of establishing separate schools for races is mandatory. If there are eleven or more black children, or eleven or more white children, they must have a school. Ten black children or a less num- ber, or ten white children or less should be transferred to an adjoining district under the provisions of the act approved April 3, 1891. The directors have power to require each pupil to pursue certain studies, and for violation of such rule, adequate punishment may be administered. In the common school districts of this state only the common school branches may be required; in special school districts the board has power to decide that additional studies shall be taught. Sec. 7614. Directors as custodians. — The directors shall have charge of the school affairs and of the school educational interests of their district, and shall have the care and custody of the school-houses and grounds, the books, records, papers, and other property belonging to 56 DIGEST OF SCHOOL LAWS. the district, and shall carefully preserve the same, pre- venting waste and damage; and shall purchase or lease in the corporate name of the district, such schoolhouse site as may be designated by a majority of the legal vot- ers at the district meeting; shall hire, purchase or build a schoolhouse with funds provided by the district for that purpose; and may sell or exchange such site or school house, when so directed by a majority of the elect- ors of any legal meeting of the district. In general, school property is to be used for the purpose of edu- cation. It appears that the legislature has not inhibited the directors from permitting the schoolhouse to be used temporarily and occasion- ally for other purposes. School directors have the "care and custody of schoolhouses and grounds belonging to the district. It is their duty carefully to pre- serve the same, preventing waste and damage. They have the power to allow the house to be used for other than school purposes, unless otherwise directed by the majority of the electors of the district in a legal meeting assembled. The electors of school districts in legal meeting have the power to direct that the house be used for other than school purposes, provided it be a legal purpose. The school law makes it the duty of the board of directors to fix a time of beginning a school term. The law gives the people the right at the annual school meeting to say how long the school shall continue more than three months in the year. Section 7614 vests the power of directing the sale or exchange of the site or the schoolhouse in the electors alone, and Section 7643 authorizes the directors to permit the use of the schoolhouse by a private school unless otherwise directed by a majority of the legal voters of the district. This enlargement of the power of the electors, as set out in Sections 7614 and 7590, as to directing the sale or ex- change of the site or schoolhouse, must be considered in construing these sections; and the exercise of the enlarged power must be con- trolled by the provisions of Section 7590; that is, the electors may act upon these questions at the annual meeting or an adjournment thereof. The common school fund apportioned by the state cannot be used for building purposes. The law says that no schoolhouse shall be built except by money provided by the district for that purpose. This has been construed literally that the money must be provided "by the dis- trict" and "for that purpose." Directors have no power to bviild a schoolhouse with funds of the district unless authorized to do so at the annual school meeting, and a contract made for such purpose under authority conferred by a special meeting held in June, is void. Fluty v. School District, 49 Ark., 94. If proper notice of such action has been given in the notices of the annual school meeting, that meeting may select the site for school- house, order the board of directors to purchase or lease such site, and vote money for building a house thereon, without reference to the number of children in the district or the number of schoolhouses al_ 57 DIGEST OF SCHOOL LAWS. ready therein. This is a matter entirely within the discretion of the annual school meeting, and ii may be considered thereat, or at an ad- journed session thereof, but no special called meeting of electors can pass upon any of these questions. It is evident that the respective powers and rights of directors and electors are not clear. The general principle is that the whole matter is left to the sound discretion of the directors, subject to a controlling direction on the part of the electors. Sec. 7615. They shall employ teachers. — They shall hire for and in the name of the district such teachers as have been licensed according to law, and shall make with such teachers a written contract, specifying the time for which the teacher is to be employed, the wages to be paid per month and any other agreement entered into by the contracting parties, and shall furnish' the teachers with a duplicate of such contract, and keep the original ; and they shall employ no person to teach in any common school of their district unless such person shall hold, at the time of commencing his school, a certificate and license to teach, granted by the county examiner or state superintendent. The right to select a teacher, fix his salary, and the time for the opening of the school are matters which belong exclusively to the di- rectors. The electors have no right to direct upon any question con- nected with the teaching of the school, save the single one of extend- ing the term of the school. If there will be sufficient funds in the treasury during the year for which the contract is made to maintain a school, then the directors are allowed to enter into a contract for the same; otherwise they are not. Directors cannot make a legal contract with a teacher who has no license. This negatives the right to contract with a principal teacher who is licensed for an amount of money to be paid him, out of which he is to pay the salaries of unlicensed assistants. Directors make regulations governing the school, but are advised to consult the teachers. The acts of schools directors are corporate acts. To bind the dis- trict it is necessary for them to act at a regular meeting, or a called meeting, of which notice was given to each director. At such meetings the act of a majority of the board is the act of the whole board. There is nothing in the school law prohibiting directors from hav- ing a school for less than three months, unless the electors at the an- nual school meeting so decide. Notice of a called meeting of a board of school directors must be given in writing to each member of such board, and must state the time, place and purpose of the meeting. When two directors meet at a 58 DIGEST OF SCHOOL LAWS. called meeting, from which the third director is absent without having received legal notice of the meeting, the directors present have no authority to bind the district by employing a teacher. Burns v. Thomp- son, 64 Ark., 4 89. A board of school directors empowered by statute without any limitation to employ a superintendent of schools may make a contract for a superintendent for a term beginning after some members of the board go out of office. Gates v. School District of Fort Smith, 53 Ark., 468. This decision applies to all teachers employed in the school as well as to the superintendent. The school district being a body corporate, may sue and be sued in any court of the state having competent jurisdiction. Ordinarily, school directors are not liable in official contracts, nor are they indi- vidually liable for the debts of the district when contracted pursuant to law. However, they may by fraud or neglect of duty be subject to a common law liability. Directors are charged with the educational affairs of their dis- tricts, and are clothed with considerable authority and discretion. They should see that the schools are not too much crowded. They have the power to fix the school limits, and to assign scholars to par- ticular schools. In doing so, they should exercise sound discretion and serve the best interests of all concerned. The contracts made by a board of directors are good, though it should turn out that the directors are disqualified to hold office. They are de facto officers. Sec. 7616. They may not employ relative except by petition. — That school directors are hereby prohibited from employing any person as teacher in the public schools, related to either of them by consanguinity or af- finity within the fourth degree; unless two-thirds of the patrons of a public school should petition them to do so. Any director or directors of the public schools violating this section shall upon conviction be fined in any sum not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), and in addition thereto shall be suspended from office. Act May 23, 1901. This act means two-thirds of the patrons residing in a school district and not those in the vicinity of a certain school. The word "school" here applies to the entire school district. The word "patron" applies to those who are electors, who pay taxes, or who send children to school, and includes widows who have" children of school age and widows or spinsters who pay taxes. A teacher must have a petition signed by two-thirds of all the patrons in the whole district at the time he may be employed by a board, any member of which is related to him, it will not be sufficient to secure petition after contract is made. A petition must be renewed every time a new contract is made. 59 DIGEST OF SCHOOL LAWS. Sec. 7617. Money necessary to employ teacher. — It shall be unlawful for any director or board of directors in any school district in this state to employ a teacher to teach a school in any district in this state unless said dis- trict has money to its credit in the treasury of the county in which said district is located,, to pay said teacher for such work; provided, that if the amount of taxes to be paid in by the collector of any county shall be sufficient to have a school taught in any district in which such taxes are to be paid, then the directors shall have fhe power to employ teachers to teach a school in such dis- trict; provided further, that a majority of the patrons of any school district in this state shall at all times have the right to petition said board of directors to employ a teacher and cause a school to be taught in any district whenever they so desire; provided further, that said di- rectors do not pay more for services of said teacher than would be necessary to pay said teacher for said service, if said money were in treasury. That any board of di- rectors violating this law shall be fined in any sum not less than ten nor more than one hundred dollars. In case there is money in the treasury to the credit of the dis- t* ict, sufficient to maintain a school, and available for that purpose, or a tax voted which, when collected, will be sufficient to defray the expenses of the school, and the directors make no provision for having one taught, the right of petition for a school is given to the patrons of the district by the above act. Sec. 7618. The term "month" defined. — The term "month" however it occurs in any section of this act, shall be construed to mean twenty days, or four weeks of five days each. Act December 7, 1875, Sees. 58-62. Sec. 7619. They may insure school buildings. — The officers of special and common school districts are author- ized and empowered to insure school buildings of their respective districts and to use sufficient funds of their district to do so. Act March 3, 1903. Sec. 7620. Directors may buy apparatus. — The di- rectors of school districts, other than special school dis- 60 DIGEST OF SCHOOL LAWS. tricts, may expend annually,, out of the common school fund, not more than twenty-five dollars during any one year for any school under their control for maps, charts, globes, dictionaries and other apparatus necessary to the progress of the school; provided, said maps, charts, globes, dictionaries and other apparatus meets the ap- proval of the state superintendent in price and merit; provided further, that said expenditure be authorized by a majority of the qualified electors of any school district making said purchases at the annual school election pre- vious to said expenditure. As amended by Act of Febru- ary 22, 1899. See comments under Sec. 7625. Sec. 7621. Directors may choose books. — The di- rectors of each school district in this state shall adopt and cause to be used in the public schools of their respective districts one series of text-books in each branch or sci- ence taught in the public school of their respective dis- tricts, and no changes in these books shall be made for a period of three years, unless it be by a petition of a ma- jority of the voters of the district desiring the change. Act March 11, 1881, Sec. 2. This section is virtually repealed by the county uniformity law. Sec. 7623. They shall furnish register. — They shall procure from the county examiner, and furnish the teach- er at the commencement of the term, a register for his school, and require the said teacher to report, in said reg- ister, at the close of the school term, the number of days of the said term, the name and age of each pupil, the date on which each entered the school, the separate days on which each attended, the whole number of days each attended, the studies each pursued, the total number of days all pupils attended, tae average daily attendance and the number of visits received from the directors dur- ing the said term. Act December 7, 1875, Sec. 63. The keeping of this register according to all its requirements, perfected and complete, is compulsory upon the teacher, and he can not draw his last month's wages until this duty is performed. See Sec. 765 6. 61 DIGEST OP SCHOOL LAWS. Sec. 7624. They must visit schools. — They shall vis- it the schools at least once each term, and encourage the pupils in their studies, and give such advice to the teach- er as may be for the benefit of teacher and pupils. Sec. 7625. Annual report to electors — Contains what. — They shall submit to the district, at the annual meeting, an estimate of the expenses of the district for that year, including the expenses of a school for the term of three months for the next year, after deducting the probable amount of school moneys to be apportioned to the district for that school year, and shall also submit an estimate of the expenses per month of continuing the school beyond the term of three months, and of whatever else may be necessary for the comfort and advancement of the said school. As a guide to the electors in voting the tax in the annual school meeting the directors are required to submit to them at that meeting an estimate of the amount of revenue necessary to meet expenses of the district for the year to follow. A tax voted for a specific purpose can be used for no other; thus a tax voted for building purposes or for teachers' salaries must be ap- plied to the purpose mentioned. If there be a fund left over at the end of the fiscal year, the electors may at any annual meeting divert this balance from its origi. nal purpose and appropriate it to some other. If the tax is voted for general purposes, without any direction on the part of the electors as to its expenditure, the directors would be authorized to use the same for the actual expenses necessary to tn"e maintenance of the school, except that no part of the same could be used for building purposes. Incidental expenses, such as fuel, stoves, blackboards, crayon, etc., are necessary expenses, and directors are authorized to draw warrants on the common school fund to meet such expenses, if no provision is made for them in the estimate submitted by the directors in the an- nual meeting. If any part of the district fund is to be spent in the purchase of maps, globes, charts, etc., the estimate should so state, and directors are limited to the amount therein mentioned. The electors may by vote authorize the directors to expend not exceeding twenty-five dollars out of the common school fund in the purchase of supplies mentioned above. A failure of the directors to submit the estimate of school ex- penses as required in Section 7625 of the school law is a finable of- fense. See Section 7611 of the school law. 62 DIGEST OF SCHOOL LAWS. Sec. 7626. They shall appear for district. — They shall, in all suits and actions at law brought by or against their district, appear for and in behalf of said district. Provided, they shall have no other directions or instruc- tions by a lawful meeting of the electors of their district. The law makes it obligatory on directors to appear in behalf of the district in all suits brought by or against the district. This car- ries with it the right to employ a lawyer and to pay him out of the school funds, unless they have other instructions from the lawful meeting of the electors of the district. The county treasurer cannot refuse to pay a warrant properly drawn and signed by two directors for such a purpose. Sec. 7627. They shall draw warrants. — They shall draw orders on the treasurer of the county for the pay- ment of wages due teachers, or for any lawful purpose, and they shall state in every such order the services or consideration for which the order is drawn, and the name of the person rendering such service; but they shall not draw any order on the county treasurer for the payment of the wages of any teacher not licensed. Sec. 7628. Treasurer shall pay warrants. — When the warrant of any board of directors, properly drawn,, is presented to the treasurer of the proper county, he shall pay the same out of any funds in his hands for that purpose belonging to the district specified in said war- rant. Every teacher, whether as principal or assistant, must be elected by the board of directors; every such person must have a license from the county examiner or state superintendent, and every such person must have a written contract. County treasurers are warranted to de- mand the contract of every teacher or assistant who presents a war- rant for the payment of wages from the public school funds. If the warrant shows that its holder is principal, and that the amount speci- fied on its face is for the payment of the wages of assistants, or if it is proven to the treasurer that such is the case, he should refuse to pay the same as a violation of Section 7615. The treasurer may also refuse to pay the warrant of any teacher who has not been licensed. The words, "properly drawn," in this section refer back to the inhibi- tions of Section 7615 and of Section 7617, and the treasurer should ex- ercise great care in the matter of paying these doubtful warrants. School warrants may be issued by two directors. Crain v. State, 45 Ark., 450. 63 DIGEST OF SCHOOL LAWS. Treasurers are required to pay all warrants properly drawn, if there is money in the treasury to the credit of the district, belonging to the fund on which the warrant is drawn. If the tax was voted for general purposes, the treasurer would be ■ authorized to pay all war- rants drawn on a fund so voted, for teachers' salaries and other rteces- sary expenses. Each warrant should specify for what service or con- sideration it was drawn. Sec. 7629. They shall give notices of meeting. — The directors shall give notice of each annual meeting, by posting notices thereof, at least fifteen days previous to such meeting, in three or more conspicuous places within the district; but it shall not be lawful for a district,, at any annual meeting, to fix a site for a schoolhouse, or to raise money for building or purchasing a schoolhouse, un- less the directors shall have particularly set forth in the previous notice given of such meeting that these matters were to be submitted for their consideration and action. It is the duty of the directors to designate the place of the an- nual meeting, and notice of the time and place is essential to the validity of a tax voted at such meeting. But the statute designates the time, and all are bound to take notice of it. If notice of the place be given, the meeting will be legal, though the time be not specified in the notice. Hodgkin v. Fry, 33 Ark., 716. A notice given by two of the directors is sufficient. Holland v. Davies, 36 Ark., 446; Davies v. Holland, 43 Ark., 425. Where a meeting of a school district is held for a special pur- pose, all that is necessary in the form of the notice is that it should be so expressed that the inhabitants of the district may fairly under- stand the purpose for which they are convened. Sec. 7630. Clerk shall keep records and make re- port. — One of the directors shall act as clerk at all dis- trict meetings, shall keep a record of the proceedings thereof in a book provided for that purpose, or, if absent, shall transcribe into said book the minutes kept by the clerk pro tempore, and signed by the chairman, as so much of the authenticated records of the district; and he shall enter on the said book copies of all his reports to the county clerk and the county examiner. At the first meeting of the board after the annual election, there should be a regular organization of the board by the election of a president and a secretary to serve for one year. This is absolutely necessary, in order that the work of the board may be transacted in a business like manner, and a correct and permanent record of its pro- ceedings be kept. 64 DIGEST OF SCHOOL LAWS. Sec. 7631. Clerk's report. — Shall contain what. — He shall keep, in a book provided for tha,t purpose, the accounts of the district, by debits and credits, including the accounts with the county treasurer, and shall present the same to each annual meeting, showing the current ex- penses for the year, for schoolhouses, outbuildings, fences with which to inclose a schoolhouse site, for stoves, wood,, maps, charts, blackboards, a dictionary, and other neces- saries for a school, and stating the number of days the directors have been necessarily employed in the perform- ance of their duties as directors; the date of each order drawn by them on the county treasurer, and for what services or consideration, for what amounts and in whose favor, exhibiting vouchers therefor; a statement of the indebtedness of the district., and also of the surplus mon- eys, if any, in the county treasury belonging to the dis- trict at the commencement of the year; the amount of taxes levied on the district for school purposes within the year; the different purposes for which said taxes were levied, and the amount levied for each purpose. If, on examination, the report, be found correct the chairman of the meeting shall approve the same, and order that it be filed with the records of the district. Sec. 7632. Directors shall report to county clerk. — The directors shall, within ten days after any school meeting, report to the clerk of the county so much of the proceedings of said meeting as pertains to the elec- tion of officers ; and they shall, on or before the first day of October in each year, furnish to the clerk so much of the copy of their record, attested by the chairman of the meeting, as shows the amount of money voted to be raised by the district for school purposes at the annual meeting. Sec. 7633. Annual report to examiner — Contains what. — The directors shall, annually, between the first and twentieth days of July, transmit, verified by their af- 65 DIGEST OF SCHOOL LAWS. fidavit to the county examiner, a written report, in proper form, of the name of their county ; of the number of their district; the names and ages of all persons between the ages of six and twenty-one years, residing in their dis- trict on the first day of July; the number of males and females respectively of each color that attended the com- mon schools during the last school year; the average number of each sex that attended daily ; the number that pursued each of the studies designated to be taught in the common schools of this state; the number of times the school was visited each term by the directors; the number of days the school was taught during the year by a licensed teacher; the name of each teacher; the grade of his certificate ; the wages paid each teacher per month ; and the whole amount of wages paid teachers during the year. They shall include in their report the amount of taxes voted by the district during the last school year, for what purpose voted, and the amount voted for each purpose; the amount drawn from the county treasury for each purpose for which money was raised by district tax the previous year; the amount of revenues received from the common school fund, and the amount received from each of the various other sources from which school revenues are derived; the amount of each kind of reve- nue remaining in the county treasury and subject to the order of the district ; the number of schoolhouses erected during the year, and the cost and material of each ; the number, the material, the condition and the value of those before erected, and the value of all other property belong- ing to the district; the condition of the schoolhouse grounds and whether the said grounds are enclosed ; also name, age and postoffice of deaf, dumb, blind and insane in each district, including all who are blind or deaf to such an extent as not to be educated in common schools ; and they shall record the said report in the proper place in the district book in which the current record of the 66 DIGEST OF SCHOOL LAWS. proceedings of the district is kept. As amended by Act of April 23, 1901. Sec. 7634. Penalty for false oath. — The annual and enumeration reports of the directors of the various school districts of the state of Arkansas shall be good under their official oaths, when signed by them officially; pro- vided, that any director or school officer who certifies falsely to any such report shall be guilty of a misdemean- or, and fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00.) Sec. 7635. They are liable for neglect of duty. — If the directors of any district fail or neglect to make a report of the enumeration, statistics and finances of their district at the time and in the manner pre- scribed in the preceding section, the said directors, in ad- dition to their forfeiture for neglect of duty,, shall sever- ally be liable for any damages, including the costs of the suit, that the district may sustain by reason of losing the school revenues that would otherwise have been appro- priated to them. Sec. 7636. They shall settle with county treasurer. — They shall, at the close of the school year, settle with the county treasurer, and ascertain what moneys, if any, to which their district may be entitled, and the amounts severally thereof that are in the county treasury and subject to be drawn by their district. Sec. 7637. They may suspend pupil. — The directors of any school district may, at the instance of the teacher, suspend from the school any pupil for gross immorality, refractory conduct or insubordination, or for infectious disease. Provided, such suspension shall not extend be- yond the current term. Bona fide residence in a school district entitles one to school priv- ileges for his children or wards. The fact that the children were not included in the enumeration for the year does not deprive them of this privilege. However, parents are not entitled to school privileges in 67 DIGEST OF SCHOOL LAWS. two or more districts in the same year, when a removal is made solely for this purpose. The power of suspension rests with the school board, though in extreme cases, the teacher would be justified in dismissing a N pupil from the school, pending the action of the board, provided the attention of the board is at once called to the matter. In cases where suspension of a pupil may be deemed necessary by the board, care should be exercised that neither prejudice nor malice actuate the board in its conduct. The important question to be con- sidered is the good of the school. The acts of the board in all such cases are considered to be without malice of prejudice, and, in order that they may be held responsible for any injury done the pupil by suspension, it will be necessary that the contrary be proved. In cases of contagious or infectious disease it has been uniformly held that a school board is authorized to deny to a person infected or exposed to the disease the right to school privileges till the danger of such infection or exposure is past. In many states the supreme court has ruled that requiring persons who wish to attend school to be vac- cinated is a reasonable requirement, in case there is danger of a spread of smallpox in a community, and that the board may deny to anyone who refuses to comply with such requirement the right to attend school until the danger is past. Absence and tardiness are the bane of many schools, and rules exacting reasonable excuses from the parent or guardian of children who are guilty of this fault are just and proper. A failure of a parent or guardian to comply with such rule may subject the child to sus- pension. The right to administer corporal punishment is not denied to the teacher under our law, though the drift of sentiment among educators is away from such method of discipline. If, in the judgment of the teacher, the rod must be used, the offense, the condition and tempera- ment of the child, the extent of the punishment — all should be con- sidered in advance. In the Illinois school laws and decisions the fol- lowing excellent summary of the subject may be found: "The opinions of the highest judicial tribunals and eminent jur- ists concur in respect to the propriety and necessity of granting school teachers the authority to inflict corporal punishment in certain cases, and of protection to them in the prudent and reasonable exercise of such authority either to promote the welfare of the child or of the whole school. Teachers are, however, held to a just accountability for the abuse of the power conferred." The teacher's jurisdiction over the pupil, as expressed by vari- ous supreme courts is, that this control covers the time from the leaving home oh the part of the pupil until his return thereto. It has also been held that the teacher may take the pupil to task for any mis- conduct committed at any time or place, the result of which may prove subversive of the authority of the teacher or directly detrimental to the best interests of the school. Directors, not teachers, give holidays. It should be borne in mind the rule-making power rests with the school board. The members of the board are selected from the com- munity and are supposed to represent the best type of citizenship of the community. In their hands is placed the control of the schools of 68 DIGEST OF SCHOOL LAWS. the district, and to their judgment the welfare of the same is entrust- ed. The rules by them made for the government of the school are taken to be reasonable and equable, and will be so held by the courts, unless the contrary is shown. Pupils are expected to abide by these ruTes, and the fact that a pupil is enrolled in the school is taken as a tacit agreement on his part to be obedient to them. Insubordination constitutes a just cause for the suspension of any pupil. Sec. 7638. Older persons may attend. — They may permit older persons to attend the school under such reg- ulations as they may deem proper. It has also been held that the directors, unless there be instruction to the contrary from the electors in the annual school meeting, may admit non-resident pupils to the privileges of the school. If this be done the rate of tuition should not be less than the per capita paid for the education of the children resident in the district. Directors should in no case allow the admission of non-resident pupils to the disad- vantage of the pupils who are entitled to school privileges by reason of residence in the district. Sec. 7639. County court may transfer. — The coun- ty court shall have power, upon the petition of any per- son residing in any particular school district, to transfer the children or wards of such person, for educational purposes, to an adjoining district in the same county, or to an adjoining district in an adjoining county; provided, said petitioner shall state under oath that the trans- fer is for school purposes alone. Provided further, where a number of colored children or wards, not ex- ceeding ten, reside in a particular school district, the county court shall have power, upon petition of any per- son to transfer said colored children or wards of such person to an adjoining district in the same county, or an adjoining district in an .adjoining county; and, also, where a number of white children or wards, not exceed- ing ten, reside in a particular school district, the county court shall have power upon the petition of any person, to transfer said white children or wards of such person to an adjoining district in the same county, or an adjoin- ing district in an adjoining county; and said transfers under the last named proviso shall not destroy the legal- ity of such school district, although the number of chil- dren be reduced to a number less than thirty-five persons 69 DIGEST OP SCHOOL LAWS. of scholastic age; and said petitioner shall at once notify the county examiner of the county or counties and the directors of both districts. Act April 3, 1891. See>Sec. 7543. Sec. 7640. Transferred children — includes wnere. — The directors of the district to which such children have been transferred at the time of taking the enumera- tion shall include such children in the district to which they have been transferred, and they shall not be enum- erated in the district where they reside. The district school tax of such person shall be added to the school rev- enues of the district to which he has been transferred and shall not be included in the school revenues of the district where he resides. An elector, who has transferred to a district for school purposes and has all other qualifications necessary for a director, may hold the office of director. Transfers can be made, only into adjoining districts. Transfers are authorized for the benefit of better school facilities, and a person having no children cannot transfer. Property without children cannot be transferred. Application for transfer must be made by the person whose chil- dren or wards are to be affected by the same. If A transfers his taxes to an adjoining district for school pur- poses, and afterwards moves away, the right of transfer does not hold for the person who may move on the property formerly occupied by A. The transfer ceases when the parent or guardian no longer has children or wards of school age. Children over twenty-one years of age, or who may attain that age after a transfer has been made by their parents, have no school rights under such transfer. A transfer must be made in the name of the parent or guardian of the children for whose benefit the transfer is made, and does not affect the children or wards of renters on the land of the party trans- ferring. Parents are not transferred into other school districts, but their taxes, both personal and real, may be, and this entitles the children or wards of such persons to school privileges in the district to whJch transfer is made. Sec. 7641. Transferred persons — Powers. — Any person who transfers his child, children or wards and property to any district for educational purposes, shall 70 DIGEST OP SCHOOL LAWS. have the same right to vote in said district for directors and tax as other electors have of the district to which he is transferred. Where such person is transferred to a district out of his county, the county treasurer of the county wherein he resides, shall open an account with the district to which he is transferred, and his school taxes shall be credited to the same and paid on the warrants of the directors of the district to which he is transferred. Provided, any person transferring his property and chil- dren to an adjoining district for educational ■ purposes shall have the right, after having been transferred, or re- siding therein for thirty days previous to said election,, and within the state for one year and in the county six months, and who has paid his poll tax, to vote in said school district, and in no other for directors or tax at said school elections. Sec. 7642. Same — Transfer to another county. — Whenever any person or persons transfer from one school district to another school district across a county line, it shall be the duty of the directors of said district to which said person or persons have transferred, to allow all qualified electors that have transferred across the county line to vote in said school election the same as if he lived in the same county; and when a tax is levied, the directors shall notify the county judge in the county where said transfers live, the amount of taxes levied and the names of all taxpayers who have transferred into said district across the county line, and the county judge shall cause the levy to be made. It shall be the duty of the collector of taxes to collect the school tax from said person or persons who have transferred and to turn it over to the treasurer of his county and the treasurer shall notify the directors of the school district where said transfer was made, the amount of taxes in his hands to their credit, and said directors shall draw their warrant on said treasury for the same, and he shall pay said war- 71 DIGEST OP SCHOOL LAWS. rant to the amount of all in the treasury to their credit in the same manner as if the said directors lived in his county. Any officer wilfully violating any of the provi- sions of this act shall be fined in any sum not to exceed twenty-ftive dollars ($25.00.) Sec. 7643. They may permit private school. — The directors may permit a private school to be taught in the district schoolhouse during such time as the said house is not occupied by a public school, unless they be other- wise directed by a majority of the legal voters of the dis- trict. Sec. 7644. Examination and institute — School shall close. — The directors shall cause the public schools in their districts to be closed on the days appointed for pub- lic examination of teachers in their county, and also cause the said school to be closed during the session of the teachers' Institute. Provided, said school shall not be closed for a greater length of time than five days during any one session of not more than five months. Act March 27, 1885. By Act XXVII, approved March 5, 1895, so much of this section as relates to public examinations is repealed. Teachers are not now re- quired to attend examinations unless they desire to obtain license to teach. No examination and institute can be held at the same time. Teachers are required to attend one institute annually, and cannot be charged for loss of time while attending. See Sees. 7652' and 7653. Sec. 7645. Directors and examiners exempt from road duty. — Directors and county examiners shall be ex- empt from working on roads and highways. Act Decem- ber 7, 1875, Sees. 77-79, as amended by Act March 23, 1891. Sec. 7646. Penalty for not reporting tax levy. — Any director or other person whose duty it may become to re- port to the county court the per cent of tax levied by any school district at an annual meeting, and who shall neg- lect or refuse to do so in the manner and at the time pro- vided by law, shall be liable for all loss which may be sus- 72 DIGEST OF SCHOOL LAWS. tained by such failure and for all costs, and shall be fined not less than ten nor more than fifty dollars. Sec. 7647. Shall furnish county clerk with list of property. — Within fifteen days after any special tax shall be voted by a school district at an annual meeting, it shall be the duty of the directors to furnish the county clerk with a certified list of all persons owning property in the district liable to pay such special tax. Sec. 7648. Penalty for neglect of duty. — Any per- son whose duty it is to execute Sections 7621, 7647,, 7664, and who shall fail to do so, shall be fined not less than ten nor more than fifty dollars, and the same shall be paid into the county treasury. Act March 11, 1881, Sees. 1, 3 and 9. TEACHERS. Sec. 7649. Teachers must be licensed. — Any person who shall teach in a common school in this state, without a certificate of his qualification and his license to teach, shall not be entitled to receive for such services any com- pensation from revenues raised by tax or in any wise ap- propriated for the support of common schools ; provided. if his license expires by limitation during any school, such expiration shall not have the effect to interrupt his school, or to debar his claim against school revenues for the payment of teachers' wages. The right to teach is based upon an approved examination. Every teacher must hold a certificate in order to receive school revenue for his services. This includes all assistants. The assistant is a teacher and can only receive compensation lawfully through the directors. No principal can draw a lump salary from the school revenues to pay for either licensed or unlicensed assistants. Each teacher must have a separate contract and draw his separate compensation. The treas- urer is warranted in demanding the license and the contract before paying any warrant; and if such contract discloses the fact that the warrant is drawn to cover the salary of an unlicensed teacher, it should not be paid. See Sections 7628, 7627 and 7615. The teacher must have a living license on the day he begins the actual work of teaching. Having begun his school lawfullj' he may finish it, although his license expires before the end of his term, but if a vacation occur, the teacher must secure a license before resuming 73 DIGEST OP SCHOOL LAWS. the school; neither is a teacher authorized to teach a school on a li- cense that expires a few days after his school is begun. If directors employ a teacher who has not a certificate, as re- quired by law, and the treasurer knows the fact, even if the directors issue a warrant, the treasurer should not pay it. If a teacher teaches for awhile without a certificate and then gets one, the directors cannot pay for the time taught without a certificate. Neither can they pay him indirectly for such time by hiring him over at an advance in salary sufficient to make up for the time taught be- fore he got a certificate. Public officers must not do indirectly what the law forbids them to do directly. The number of hours for keeping a school open is not fixed by the law, but is a matter of contract between directors and teachers. The number of hours usually includes the time given for recesses and excludes the noon intermission. All assistant teachers, substitute teachers, special teachers of writing, etc., included, in the public schools, must have certificates of qualification from the county examiner — there is no exception to the emphatic requirements of the law in respect to certificates. This opinion is grounded upon the plain object of the legislature in requiring teachers to possess certificates; which can be none other than to secure the employment of teachers of approved character and ability — a consideration of quite as much moment in the case of as- sistant teachers as any other. It is held that the superintendent of city and village schools be- longs to the teaching force, and should, therefore, have a certificate of qualification in order that he may draw his pay. When the directors persist, in violation of law, in retaining a teacher who does not hold a certificate, any taxpayer or patron of the school would be entitled to an injunction to restrain the teacher or board from continuing the school. Sec. 7650. He shall keep register. — Every teacher shall keep a daily register of his school in the manner prescribed by law, and indicated by the blank school reg- ister to be furnished by the directors at the commence- ment of the school. Directors cannot make the reports required by law without the information contained in this register, and they should exact rigidly a compliance with the requirements of this section. No teacher should be given a warrant for his last month's salary until this register is completed for the term. Sec. 7651. Record.— Contains what. — It shall be the duty of each teacher to leave in his school register a com- plete record of the various grades in his school, indicat- ing the amount of work done by each student during the 74 DIGEST OP SCHOOL LAWS. session and the position of each student at the close of the school term. Sec. 7652. Teachers desiring to be examined. — It shall be the duty of only such teachers as desire to be ex- amined for license to teach in the public schools in any county to attend any public examination for teachers of said county. Sec. 7653. Shall attend one institute annually. — It shall be the duty of all the teachers of the public schools to attend one institute annually, which shall be held by the county examiner, after having given twenty days' notice of the time and place of the institute in the same manner as is now required by law for quarterly examinations. No institute and quarterly examination shall be held at the same time. No teacher, when attend- ing a quarterly examination, or an institute, shall be charged for loss of time while necessarily absent from his school to attend such examination or institute. Act March 5, 1895. The law requires each examiner to hold at least one institute an- nually. Teachers are expected to attend the same. Due notice should be given them of the institute, and, in case they fail to attend, it is within the power of the examiner to revoke their license, provided opportunity is given the teachers to appear before the examiner and show cause why they did not attend. Reasonable excuses should of course have their weight with the examiner, though he is to be the judge of their reasonableness; and, if he act in good faith in the revocation of a license, he will not be held liable under the law for any damage that may result in consequence of such revocation. Sec. 7654. Shall not permit sectarian books. — No teacher employed in any of the common schools shall permit sectarian books to be used as a reading or text- book in the school under his care. Sec. 7655. Teacher's claim not superseded— Any teacher who shall have complied with the provisions of this act shall be paid from the first money received into the county treasury to the credit of the district; and his claim shall not be superseded by any subesquent claim; DIGEST OF SCHOOL LAWS. and no money in the county treasury belonging to any district shall, so long as there is any such claim filed against the said district, be applied to any purposes what- ever other than the payment of teachers' wages. Act De- cember 7, 1875, Sees. 80-84. See Sec. 7661. Sec. 7656. Penalty for failure te file Register. — No teacher shall be entitled to the last month's pay for any school taught by him until he shall have returned to the directors of the district in which such school was taught the daily register furnished him, with all statistical work which teachers are by law required to perform, perfected and complete, and no director shall otherwise issue an or- der for such last month's pay. Act March 11, 1881, Sec. 4. TRESPASS ON. SCHOOLHOUSES, ETC. Sec. 7657. Penalty for destruction of property. — Any person who shall wilfully destroy or injure any building used as a school house, or for other educational purposes, or any furniture,, fixtures or apparatus thereto belonging, or who shall deface, mar or disfigure any such building, furniture or fixtures, by writing, cutting, paint- ing or pasting thereon any likeness, figure, words or de- vice, without the consent of the teacher or other person having control of such house, furniture or fixtures, shall be fined in a sum double the value of any such building, furniture, fixtures or apparatus so destroyed, and shall be fined in a sum not less than ten nor more than fifty dollars for each offense for writing, painting, cutting or pasting in any such building, furniture or fixtures any such words, figures, likeness or device, to be recovered by civil action in any court of competent jurisdiction; and the punishment provided in this section is in addition to, and not in lieu of, the punishment provided by the statutes for such offenses. Act December 7, 1875, Sec. 86. Sec. 1923. Penalty to deface. — To cut, write upon, deface, disfigure or damage any part or appurtenance or 76 DIGEST OF SCHOOL LAWS. the inclosure of the statehouse, or any other building be- longing to the state, or any church or prhool house, or other public building, or to any citizen of this state, when not occupied, shall be a misdemeanor punishable by a fine not exceeding one hundred dollars. DISTURBANCE OF SCHOOL. Sec. 1653. Penalty for disturbance. — If any parent, guardian or other person, from any cause, fancied or real, visit any school and insult any teacher in the presence of his pupils, the person offending by such conduct shall be liable to a fine of twenty-five dollars. Act December 7, 1875, Sec. 85. Sec. 1927. Penalty for trespass. — Any person or persons who shall, by any boisterous or other noisy con- duct, disturb or annoy any public or private school in this state, or any person not a student who, after being duly notified to keep off the school grounds during the school hours by the board of directors or the superintendent or principal teacher in charge of any such school, shall con- tinue to trespass or go upon said grounds, whether at recess or during the sessions of said school, shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding one hundred dollars. Act Febru- ary 16, 1893, Sec. 2. SCHOOL WARRANTS — DISBURSEMENT OF FUNDS, ETC. Sec. 7658. Certain officers prohibited from owning school warrants. — It shall be unlawful for county collect- ors and treasurers to purchase or otherwise be the own- ers of or interested, directly or indirectly^ in any school warrant issued by any school director of the county in which they reside. Sec. 7659. School tax payable by warrant. — The district school tax in each county may be payable and re- ceivable in the warrants drawn by the directors of the 77 DIGEST OF SCHOOL LAWS. school district in which a school tax may be levied by the county court. Sec. 7660. County treasurer shall keep register. — It shall be the duty of the county treasurer of each coun- ty to keep in his office a suitable and well-bound book, in which he shall register by number and in the order of presentation all district school warrants that may be pre- sented to him; this registration to be made before the warrant is paid, and it shall show the date of presenta- tion of the warrant, by whom drawn, on what district, and in whose favor, and for what purpose drawn, the amount and date of the warrant, date of payment, and to whom paid; and said book shall at all times be subject to the inspection of any taxpayer. Sec. 7661. Treasurer shall give notice of funds. — It shall be the duty of the county treasurers, immediately upon the receipt by them of any school funds, to give notice of the amount and kind of funds received, and from what source received, by written or printed notices put up in two public places in each and every school dis- trict, and at the court house door, and the funds so re- ceived shall be paid out on the warrants registered in ac- cordance with the provisions of the preceding section. As amended by act of April 17,, 1899. See Sec. 7552. Sec. 7662. Penalty for failure to comply. — Any of- ficer failing to comply with the requirements of this act, for each and every offense, shall be subject to indictment, and, if found guilty, shall be punished by a fine of not less than five hundred dollars and by confinement in the pen- itentiary of the state for a period not less than three nor more than twelve months. Sec. 7663. Director. — Penalty for fraud. — Any di- rector who shall fraudulently issue any school warrant 78 DIGEST OF SCHOOL LAWS. shall be guilty of a misdemeanor, and, upon conviction, shall be subject to the penalties enumerated in the preced- ing section. Act May 27, 1874. Sec. 7664. Treasurer's report. — Contains what. — The county treasurer shall, on or before the tenth day of August each year, forward to the superintendent of pub- lic instruction a certified statement showing the amount, in kind, of public school funds received by him; from what sources they were received ; how and for what- pur- poses they have been disbursed, and what amount, in kind, remains in the treasury. See Sec. 7648. Sec. 7665. Warrants. — Time for presentation. — The order of any board of directors, properly drawn after the passage of this act shall be presented to the treas- urer of the proper county within sixty days after it was drawn by the said board of directors. All such orders shall be paid in the order of their presentation ; provided, that this act shall not apply to warrants issued prior to May 1, 1899. As amended by act of April 17, 1899. Sec. 7666. Warrants shall be paid in order. — If there are no funds with which to pay such order the treasurer shall indorse the same: "Not paid for want of funds", giving the date and signing his name officially. He shall number and record each warrant in the book provided for such purpose, keeping a separate record for each district, and shall pay said warrants in the order of their number. Act March 21, 1885, Sec. 2. Sec. 3509. Treasurer's commission. — He (the coun- ty treasurer) shall be allowed, as commissions on the ag- gregate amount of all the school funds of the county com- ing into his hands in any one year, the rate of two per cent and no more ; provided, that if any county treasurer shall have taken commissions from any particular school fund, the same fund shall not be subject to commissions 79 DIGEST OP SCHOOL LAWS. in the hands of his successor in office. As amended by act of March 12, 1895. VIOLATION OF SCHOOL LAWS — DUTY OF PROSECUTING ATTORNEYS. Sec. 7667. He shall bring offender to trial. — The prosecuting attorney of each judicial district shall, upon being satisfied that any violation of the school laws of this state has been committed by any officer or person, in any county of his district, which renders such officer or person so offending liable to any fine, pain, penalty or forfeiture for damage, without delay, institute in any court of competent jurisdiction such proceedings as are necessary to bring such offender to trial, and secure to the county, school district, or person damaged by such violation, the benefits and reliefs to which each or any of them may be entitled ; and for such services the prosecut- ing attorney shall be allowed the same compensation as he is allowed in cases of misdemeanor, which shall be assessed against such offender as cost. Act March 11, 1881, Sec. 10. SPECIAL ACT FOR THE REGULATION OF PUBLIC SCHOOLS IN CITIES AND TOWNS. Sec. 7668. Organization. — Any incorporated city or town in this state, including the territory annexed there- to for school purposes, may be organized into and estab- lished as a single school district in the manner and with the powers hereinafter specified. Act February 4, 1869, Sec. 1. In the case of Beavers vs. State, 60 Ark., 124, it is held that the territory, which was included with the incorporated city or town, in a common school district prior to its formation into a single school district, is not by the act or organization included therein and can only be so included by annexation as provided for in Section 7695. Sec. 7669. Voters may petition for election. — Upon the written petition of twenty voters of such city or town, praying that the sense of the legal voters of said city or town may be taken on the adoption of this act for the so DIGEST OP SCHOOL LAWS. regulation and government of the public schools therein, it shall be the duty of the mayor of such city or town, within five days after the presentation of such petition, to designate and fix a day, not less than seven nor more than fifteen days distant,, for holding an election in said city or town for that purpose and also for the election by ballot, at 1^he same time, of a board of six school di- rectors for said city or town* Sec. 7670. Mayor shall give notice of election. — The mayor shall cause notice of said election to be given by posting notices in at least five public places in said city or town, and by one insertion in such newspapers as may be published in said city or town. The electors at said election desiring to vote in favor of the adoption of this act shall have written or printed on their ballots, 'Tor the school law", and those opposed thereto shall have written or printed on their ballots, "Against the school law" ; and if amajority of the ballots cast at said election shall be "For school law", then, and in that case only, shall such city or town be deemed and held to be a single school district under and in pursuance of this act, and the directors voted for and elected at said election shall qual- ify and enter upon the discharge of their duties as here- inafter provided. lb. , part Sec. 2. The preceding sections are to determine whether the special act for the regulation of public schools in cities and towns shall be adopted. They are preliminary to organization. They require the fol- lowing modus operandi: 1. A written petition of twenty voters asking that the sense of the legal voters be taken on the adoption, of the act. 2. The mayor must fix within five ri-.ys fro:n the presentation of said petition a day for said election. 3. Said election shall not be less than seven nor more than fifteen days from the date of the proclamation. 4. Said election shall also determine by ballot a board of six directors. 5. The mayor must promulgate the election notices by posting and printing should there be a paper. 6. The electors must vote by ballot and as prescribed. 7. A majority of all the votes cast are necessary to make said city or town a single school district. 81 DIGEST OP SCHOOL LAWS. Sec. 7671, Election — How held. — On the third Sat- urday in May, 1893, and annually thereafter, an election shall be held at the usual voting place in each ward of all incorporated towns and -cities heretofore organized into single or special school districts, for the election of two directors, who shall serve for three years, and until their successors are elected and qualified. The ballot of the voter, in addition to the names of the persons voted for as directors, shall have written or printed on it the words "for tax", "against tax", and the rate the voter desires levied; 'provided, in incorporated towns and cities of the second class, the election may be held at one or more of the voting places therein, and not in each ward, if the board of directors shall so direct by notice posted in three public places in said city or town ten days before the elec- tion designating the place or places at which said election shall be held. Sec. 7672. Directors shall give notice of election. — When any special school district has been organized as provided by law, the board of directors shall give notice of each annual election at least fifteen days previous to such election, by posting notices in at least five public places in said district. Sec. 7673. Who shall hold election. — Said election shall be held by the judges appointed to hold the munic- ipal elections in said city or town next preceding the said election, for the ward or wards in which such school elec- tion may be held. The judges at each voting place shall appoint two clerks, and each judge and clerk shall take the oath required by law, and shall receive for their ser- vices the sum of one dollar each, to be paid out of the school fund of the district on the order of the board of directors. Sec. 7674. Polls — When open. — The judges shall cause the polls to be opened at nine o'clock and closed at sunset. 82 DIGEST OF SCHOOL LAWS. Sec. 7675. When voters may select judges. — If any of the regular judges shall fail to appear by ten o'clock, the assembled voters, not less than ten in number, shall select other judges in their places. Sec. 7676. Where voters may vote. — If the election shall "be held in all the wards of the city or town, each voter shall vote in the ward where he resides. Provided, voters residing in any part of the district not embraced in any ward may vote at any place they may deem most Convenient. Sec. 7677. Returns of election made to clerk. — The returns of said election shall be made to the county clerk, who shall forthwith deliver a certificate of election to each of the persons elected directors. Sec. 7678. Clerk shall certify result to county court. — He shall also declare the result of the votes for and against tax, and certify the same to the county court on the first day of the term fixed by law for levying county taxes ; and the rate of taxes so certified shall be levied by the court as other school taxes. Sec. 7679. Directors shall take oath — when. — Each person elected director shall take the oath of office within five days after receiving a certificate of election, which shall be filed with the county clerk, and thereafter during his term of office no further oath nor affidavit shall be re- quired of him in the discharge of his official duties. Sec. 7680. Chapter 57 does not apply. — The provis- ions of chapter 57 shall have no application to the elec- tions herein provided for. Act April 10, 1893, Sees. 1-7. Chapter LVII, referred to in above section, is that providing for general elections (Kirby's Digest"). Sec. 7681. Directors shall organize. — Said board of directors shall organize by choosing from their own num- ber a president and secretary, who shall hold their offices until the last Saturday in May, and annually on that day, 83 DIGEST OF SCHOOL LAWS. said board shall meet and elect from their number a president and secretary. Act March 21, 1885, Sec. 2. Sec. 7682. School board may fill vacancy. — If the office of director in any special school district shall be- come vacant, the remaining directors of said district shall elect a director to fill such vacancy,, who shall serve until the next annual election for school directors, at which time all vacancies shall be filled by the electors for the unexpired term. Sec. 7683. Board shall meet — When. — Said board of directors shall hold a regular meeting on the last Satur- day in each month, and may hold stated meetings at such other times and places in said district as they may ap- point; four members of said board shall constitute a quorum, but a less number may adjourn from time to time ; special meetings thereof may be called by the presi- dent, or by any two members of the board, on giving one day's notice of the time and place of the same, and, in case of the absence of the president at any meet- ing of the board, a president pro tempore shall be chosen. The office of any member of said board, as such, who shall, without good cause, fail to at- tend three consecutive monthly or stated meetings of said board, may be declared vacant by the board. The board may make rules and regulations for their own gov- ernment and for the dispatch and regulation of the school business and the affairs of the district, not inconsistent with law. Act February 4, 1869, Sec. 4. Sec. 7684. Powers of board. — Said board of direct- ors shall have power to purchase or lease schoolhouse sites, to build, hire or purchase shoolhouses, and to keep in repair and furnish the same with the necessary seats, desks, furniture, fixtures and fuel, and to insure the same; to fence the school grounds, erect outhouses, pro- 84 DIGEST OF SCHOOL LAWS. vide wells and make all other improvements on the schoolhouse grounds and schoolhouses belonging to said district necessary and proper for the comfort, con- venience and health of the scholars, and the preservation of said property; to hire teachers for all pubilc schools of the district, employ a superintendent of schools, who may also be principal of any graded or high school that said board may establish; to provide books and ap- paratus for the schools, and the necessary blank books and stationery for the board, and school registers and the blanks for the teachers; to establish and maintain a sufficient number of primary, graded or high schools to accommodate all the scholars in said district; to deter- mine the branches to be taught and the text-books to be used in the several schools of the district ; to admit pupils not belonging to the district on such terms as they may agree upon with the parents, or guardians of said pupils, or the district from whence they came; to appoint a board of three visitors and examiners for the schools of the district, which board shall examine persons applying to teach in any of the schools of said district; provided, no teacher shall be employed who does not hold a cer- tificate from the state superintendent or county examiner; to examine, from time to time, the books and the ac- counts of the county treasurer, so far as the same relate to the several school funds belonging to the district; and when, in the opinion of a majority of the members of said board, the best interest of the district demand a sale or exchange of any real estate or school house site belong- in to the district, they may sell or exchange the same, the deed therefor to be executed by the president of the board upon a majority vote of the whole board of directors authorizing and directing such sale or exchange. lb., Sec. 5. This section does not authorize the directors to substitute their examination for that of the examiner. The examiner's rights are 85 DIGEST OF SCHOOL LAWS. superior to those of the directors. He. should examine under his oath, and license or refuse to license as his judgment decides, and is not accountable to any board of directors. Nor should he hold his exam- ination in connection with the examination of the board. His work should be entirely separate from their work. They have the rignt to examine, but not to interfere in any particular with the examiner's work. REMOVAL OF A TEACHER FOR INCOMPETENCY. Under Sections 76S4 and 7685, which enjoin the board of school directors to hire suitable teachers;, to enforce all necessary rules for the government of teachers and pupils; and to visit the schools and observe the discipline and progress of the pupils, the board has the power to remove a teacher for incompetency and for immorality; and the fact that the teacher has been duly licensed by the county exam- iner, and that the latter has failed to revoke the license as he is empowered to do by Section 7573, is not conclusive to the board as to competency or morality of the teacher. The fact that the board has tolerated the teacher's misconduct and inefficiency for a time doe's not operate as a waiver of its rights to discharge him therefor, as the teacher's undertaking to perform his duty in a moral and skillful man- ner is assumed for the benefit of the school, its pupils and patrons and not for the benefit of the board. School District of Fort Smith V. Maury, 53 Ark., 471. Sec. 7685. Board shall establish schools. — It shall be the duty of said board, as soon as the means for that purpose can be provided, to establish in said district an adequate number of primary schools, so located as best to accommodate the inhabitants thereof; and it shall be the further duty of said board to establish in said district a suitable number of other schools of a higher grade or grades, wherein instruction shall be given in such studies as may not be provided for in the primary schools; the number of schools, the grades thereof, and the branches to be taught in each and all of said schools to be determ- ined by said board. It shall be the duty of said board to keep said schools in operation not less than three nor more than ten months in each year. The said board shall have power to make and enforce all necessary rules and regulations for the government of teachers and pupils in said schools. Said board shall also, separately or collect- ively, together with such persons as they may appoint or invite, visit the schools in the district at least twice in each year, and observe the discipline, mode of teaching, sc DIGEST OF SCHOOL LAWS. progress of the pupils, and see that the teachers keep a correct register of the pupils, embracing the periods of time during which they attend school, the branches taught, and such other matters as may be required by law or by the instructions of the state superintendent. lb., Sec. 6. Sec. 7686. Board snail order warrants drawn. — No draft or warrant shall be drawn on the county treas- urer, except in pursuance of an order of said board ; all drafts or warrants on the treasurer shall be signed by the president, or president pro tempore, and the secre- tary, and shall specify the fund on which they are drawn and the use for which the money is assigned. lb., Sec. 8. Sec. 7687. Secretary — Duties of. — The secretary shall record all the proceedings of the board in books kept for that purpose; shall make and preserve copies of all reports required by law to be made to the state superin- tendent of public instruction or county examiner; shall file all papers transmitted to him pertaining to the busi- ness of the district; shall make, or cause to be made, the annual enumeiation of the youth of the district in the time and manner required by law of school directors, and shall perform such other duties as the board of directors may order and direct ; and for his services may be allowed reasonable compensation, to be audited and allowed by a majority of said board. The other members of said board shall receive no compensation for their services. lb., Sec. 9. Sec. 7688. Board shall control real property. — The title of all real estate and other property belonging, for school purposes, to any city or town organized into a sep- arate school district under this act, shall vest, and hereby is vested, in said city or town, as a school district and shall be under the management and control of the board of school directors for said district as fully and complete- 87 DIGEST OP SCHOOL LAWS. ly as other school property belonging to said district. lb., Sec. 20. Sec. 7689. District shall be known by name of city. --A.il school districts formed under and governed by this act shall be known by the name of the city or town consti- tuting the district, with the words "School District of" prefixed thereto (as, for example, "School District of Lit- tle Kock") ; and by such name, may sue and be sued, con- tract and be contracted with, purchase, acquire, hold and sell property, receive gifts, grants and bequests, and gen- erally shall possess and enjoy all the corporate powers usually possessed by bodies corporate of like character. The style of the board of directors for school districts under this act shall be "Board of School Directors." lb., Sec. 11. Sec. 7690. Board shall pay all debts. — The board of school directors of any district organized under this act shall pay and discharge all d( ots and liabilities lawfully incurred by the several school districts existing under previous law and embraced n> the district organized un- der this act. lb., Sec. 12. Sec. 7691. Penalty for failure to qualify. — Any per- son elected a director under the provisions of this act who shall fail to take the oath of office and qualify as herein required, or who, after qualifying as such director, shall fail to perform and discharge the official duties in- cumbent upon him as a director, shall be liable to the same penalties that now are or may be hereafter pro- vided by law against directors of school districts for fail- ing or refusing to qualify,, or for neglect of official duty. lb., Sec. 13. Sec. 7692. May appoint and fix term of examiners. — The board of directors may fix the term of office and de- fine the duties of the board of visitors and examiners of the public schools in their district, and any person ap- DIGEST OF SCHOOL LAWS. pointed by the board of directors a member of said board of visitors and examiners who shall refuse to act as such, and discharge the duties pertaining to such position, shall forfeit and pay to said district the sum of twenty-five dollars, to be recovered in civil action in the name of said district, and added to the teachers' fund belonging to said district. Provided, no person shall be compelled to serve in that capacity more than three consecutive years. Said board of visitors and examiners shall receive no compen- sation for their services. lb., Sec. 14. Sec. 7693. Special districts shall have share of gen- eral fund. — All school districts organized under this act shall have and receive their full proportion and distribu- tive share of the general school fund of the state, in the same manner and according to the same rule as it is or may be apportioned to other districts. lb., Sec. 15. Sec. 7694. Superintendent and examiner may sug- gest. — It shall be the duty of the state superintendent and county examiners to make such suggestions and recommendations to the board of directors in relation to organizing and conducting the public schools in the dis- tricts organized under this act as they shall deem import- ant. Sec. 7695. General school law shall apply. — The pro- visions of the general school laws of the state which are now or may hereafter be in force, when not Inapplicable, and so far as the same are not inconsistent with and re- pugnant to the provisions of this act, shall apply to dis- tricts organized under this act; and such provisions of said laws as are inconsistent with and repugnant to the provisions of this act and inapplicable to districts organ- ized thereunder, shall have no operation, force or effect in such districts. The county court shall annex contiguous territory to single school districts under the provisions of this act, when a majority of the legal voters of said ter- ritory and the board of directors of said single district S9 DIGEST OF SCHOOL LAWS. shall ask, by petition, that the same shall be done. lb., Sees. 16 and 17. May Borrow Money. Sec. 7696. Board may borrow money. — All special free school districts in the state of Arkansas are hereby authorized and empowered, for the purpose of raising funds for the erection and equipment of necessary school buildings, to borrow money and mortgage the real prop- erty of the district as security therefor, under such con- ditions and regulations as to amount, time and manner of payment as the board of directors of said school dis- trict shall prescribe, and renew and extend from time to time any evidence of indebtedness or mortgage, or both, issued or made by virtue hereof. Sec. 7697. Notes and warrants valid. — Said evi- dence of indebtedness, whether warrants or promissory notes, or both, shall be in form in all respects as other instruments of like kind are required by law to be, and shall have the same force and effect as they would have if executed by natural persons, and the warrants shall have the same validity as they would have if there were money in the county treasury to pay the same at the time they were drawn, and may be drawn payable in the future and need not be registered with the county treas- ury till the time for payment, but shall be drawn upon the building fund and paid out of it in the order of their date as the building fund is provided and collected by successive levies and collections, and said school district shall be allowed in law or equity no defense merely by reason of the fact that it is a school district. Sec. 7698. District shall have rights of natural per- son. — Nothing in this act shall be so construed as to pre- vent or cut off from such school district any right in law or equity which a natural person might claim and assert under like circumstances ; and in any action by or against 90 DIGEST OF SCHOOL LAWS. said district arising on any instrument or contract made under this act, the district shall as far as practicable be decreed and treated as a natural person. Section 7699 is repealed in effect except as to Jefferson county by Act 248, May 6, 1905. ACT 312. School Districts to Be Coincident With City. AN ACT to amend Section 7668 of Kirby's Digest. Be It Enacted by the General Assembly of the State of Arkansas : Section 1. That Section 7668 of Kirby's Digest be and the same is hereby amended so as to read as follows : Any incorporated city or town in this state, includ- ing the territory annexed thereto for . school purposes, may be organized into and established as a single school district in the manner and with the powers hereinafter specified; provided, all school districts which are already organized and all hereafter organized under this Act, shall include all the territory of the city or town, and when the limits of the city or town are extended so as to include territory not before within the school district, all of said new territory into the city or town become a part of special district of said city or town. Sec. 2. That all laws and parts of laws in conflict with this Act are hereby repealed, and this Act shall take effect and be in force from and after its passage. Approved May 31, 1909. ACT 321. AN ACT to create special or single. school districts in any county in the State of Arkansas, with some powers as are now granted to incorporated cities and towns for such purposes, and empowering the county judge to call said election. DIGEST OF SCHOOL LAWS. Be it Enacted by the General Assembly of the State of Arkansas : Section 1. That when the people of any given* ter- ritory in any county in this state, other than incorporated cities and towns, desire to avail themselves of the bene- fits of all laws of this state, for the regulation of public schools in incorporated cities or towns, they may be or- ganized into and established as a single school district in the manner and with powers therein provided, with such modifications of said laws as are herein provided. Sec. 2. That the petitions provided for in Section 7669 of Kirby's Digest of the laws of Arkansas shall be accompanied by a map showing the territory asked to be made into the special district and shall be presented to the county judge of the county containing such territory, who shall perform the duties imposed upon the mayor of cities and towns in said original Act, and with like force and effect and said county judge shall designate the time and place for holding the election provided for therein, and shall appoint three qualified electors of the proposed territory to hold said election. Sec. 3. That all school districts created under this Act shall have the power to borrow money as any other special or single district, in cities or incorporated towns, when a majority of the legal electors vote for the same,, at any annual school meeting. Sec. 4. All laws and parts of laws in conflict with this Act are hereby repealed and this Act be in force and effect from and after its passage. Approved May 31, 1909. SCHOOL LANDS. Sec. 7700. Inhabitants may petition for sale. — When- ever the inhabitants of any congressional township in this state shall desire the sale of the sixteenth section of 92 DIGEST OF SCHOOL LAWS. such township, or of any lands substituted therefor, or any which have been or may be mortgaged to the state of Arkansas for the use of the school fund, which after foreclosure and sale have been stricken off to the state of Arkansas, they may, by written petition, signed by a majority of the adult male inhabitants of such township, require the collector of taxes, or if there be no collector,, then the sheriff of the county wherein such land is sit- uated to sell the same. For the purpose of making sales of any of the lands mentioned in this section, the sheriff is hereby vested with all powers now conferred by law upon collectors. Sec. 7701. Collector shall divide land. — Upon the reception of such petition, the collector shall ascertain that it is signed by a majority of the male inhabitants of such township and shall immediately proceed to divide the land into 40-acre tracts, and after making such divis- ion, a statement or plat of same and number of each tract shall be made so that the boundaries may be de- fined and ascertained, which statement or plat of the sec- tions shall be used as a guide in advertising and selling said lands; provided, the collector may, when necessity re- quires it, call the county surveyor of his county to assist in such survey and division, and he shall be allowed and paid out of the funds arising from the sale of such school lands by said collector such compensation as he is allowed by law for similar services, and the receipt of such surveyor to said collector shall be a sufficient voucher for the money so paid. Directors can confer no authority to cut timber on school lands, and one who does so by their authority, under an agreement with them to pay the value, commits a trespass for which he may be sued by the state. Widner v. State. 49 Ark., 172. The legal title to school lands is in the state, and a school district ' cannot maintain an action for such lands. lb.; School District v. Driver, 50 Ark., 346. See State v. Morgan, 52 Ark., 150. Sec. 7702. No tract more than forty acres. — In sub- dividing the sixteenth section land for sale no tract shall 93 DIGEST OF SCHOOL LAWS. contain more than forty acres, and the division may be made into town or city lots with roads, streets or alleys between them. Sec. 7703. Land shall be appraised. — The collector shall cause each tract or sub-division of such school land to be appraised at a fair value by three dis- interested householders of the county, each of whom shall take an oath which shall be indorsed upon the ap- praisement that he does not desire or intend to buy said land or any part thereof, and that he will not directly or indirectly be or become interested in the purchase thereof at the sale to be made by the collector ; such appraisement shall be returned to the collector. Sec. 7704. Compensation of appraisers. — When any sheriff in any county in this state shall summon any householder to view and appraise any sixteenth section lands, as is now provided by law, said appraisers shall re- ceive for their services the sum of one dollar and fifty cents per day for each day they are engaged in such ser- vice; and it is the duty of the sheriff to certify to the county court the number of days that appraisers have been detained on or by reason of such services, which cer- tificates shall be sufficient evidence for the auditing, al- lowance and payment of said claim by said county court. Sec. 7705. Collector shall give notice of sale. — The collector shall then give notice that he will sell the said school lands at the courthouse door of the county on the first day of the next term of the county court upon the terms prescribed by law. Such notice shall be published in some newspaper published in the county where the land is situated at least four weeks before the day of the sale. If there be no newspaper published in said county, then the collector shall post up written notices in at least 94 DIGEST OF SCHOOL LAWS. six of the most public places of the county four weeks be- fore the day of the sale. The collector shall also in either case put up a copy of the notice upon the schoolhouse situated on the land, if there be one thereon; if not, at the most public place on the land. Sec. 7706. Land sold at public sale — When held. — Upon the day of sale the collector shall offer the lands at public auction in separate subdivisions, beginning with number one and ending with the last mentioned division. Such sale shall be made between the hours of 12 m. and 3 p. m., but may be continued from day to day at the same place and between the same hours until all have been sold or offered. The sale shall be made for cash. If any bidder shall fail to perfect his bid by paying the cash, the collector shall immediately resell the land and the bid- der shall be responsible for the difference between his bid and the price at which the land sold, which may be recov- ered from him by the collector, in action for the use of the township, and the collector shall, if necessary, at once in- stitute suit against such bidder to recover the amount of difference between his bid and the price at which the land sold. No tract or sub-division shall be sold for less than three-fourths of its appraised value; provided, no tract or subdivison of the sixteenth section lands shall be sold at a less price than one dollar and twenty-five cents per acre. If any tract offered is not sold it may be offered again upon like notice, upon the first day of the next,, or any succeeding term of the county court, and so on until sold without a new petition. Sec. 7707. County court may reject or approve sale. — The collector shall, without delay, report all sales to the county court, which may reject or confirm the same. If any sale be rejected, the county court may direct the collector to again advertise and offer the land, and may specify the minimum price at which the tract DIGEST OF SCHOOL LAWS. or tracts may be sold, not to be less than two-thirds of its appraised value. Provided, no tract or subdivision of the sixteenth section lands shall be sold at a less price than one dollar and twenty-five cents per acre. If the sale be confirmed by the county court the collector shall execute and deliver to the purchaser a certificate in the following form: I, , collector in and for the county of , state of Arkansas, certify that has purchased of section . . . . , in township , range , containing acres at dollars per acre, and has paid to me in full the sum of dollars. The expense of this sale was : Cost of advertising, $ Cost of order of confirmation, $ Cost of rejection of prior sale, $ Surveyor's fee (if any), $ Collector's commission, per cent, $ Leaving a net balance of $ in my hands due the sixteenth (16) section fund account of this county. Now, therefore, upon the presentation of this cer- tificate to the commissioner of state lands, the said his heirs or assigns, shall be entitled to a deed from said commissioner of state lands for the tract or land above described. Collector of County. In all cases proper orders of confirmation or rejec- tion shall be entered on record by the county court. Sec. 7708. Collector shall pay costs. — Out of the money received by the collector for the sale or sales of the sixteenth section lands, he shall pay the cost of advertis- 96 DIGEST OP SCHOOL LAWS. ing, cost of confirmation order, cost of rejection of sale (if any), surveyor's fees (if any), and he may retain for his services two per cent of the gross amount received by him for the sale of such land; the residue of the money received for the sale of said land, after deducting the ex- penses as are above provided for, he shall at once trans- mit to the treasurer of state, who shall place the amount to the credit of the county's sixteenth section fund to which it rightfully belongs. Sec. 7709. Taxes on school land — Clerk's duty. — The county clerks of the several counties in this state shall examine carefully and closely the tax books of their re- respective counties and ascertain what person or persons are paying taxes on any part or parts or the whole of the sixteenth section lands, and it shall be the further du- ty of the county clerks after ascertaining from the tax books the names of any person or persons paying taxes on any of the sixteenth section lands, and the numbers of said lands, to examine the record of deeds and find by what authority and whether any title or titles vest in said person or persons in whose name or names said lands are assessed, and shall on or before the first Monday in September, eighteen hundred and eighty-five, make and forward to the commissioner of state lands a full and complete statement of the exact status and condition of all of the sixteenth section lands in their respective coun- ties. The county clerks shall be allowed the sum of forty dollars each for their services in making this report and it shall be paid to them by their respective counties. Sec. 7710. Clerk shall keep record of funds due townships. — The county clerks of the several counties in this state shall keep in a well bound book, provided for that purpose, correct and accurate accounts with each and every township in their several counties, which may be entitled to any of the funds under this act, and shall immediately after each and every sale of any part of said 97 DIGEST OF SCHOOL LAWS. sixteenth sections certify to the auditor of state the amount of moneys received by such collectors on account of such sales, and the auditor shall thereupon charge the same to such collector. Sec. 7711. Penalty for neglect of duty. — A neg- lect, failure or refusal by any county clerk to perform any and all duties enjoined upon him by the provisions of this act, shall be deemed a misdemeanor, and upon conviction thereof, such clerk shall be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, for each offense,, and may be remov- ed from office. COLLECTION OF CLAIMS DUE COMMON SCHOOL FUND. Sec. 7712. Attorney General shall appoint collec- tors. — The attorney general of the state of Arkansas is authorized and instructed to employ competent attor- neys residing in the counties in which the lands are situ- ated to collect all claims and notes due the school fund arising from the sale of the sixteenth section lands. Be- fore taking charge of any of such notes or claims, each of said attorneys shall be required to give bond for the faithful keeping, collecting and accounting for same, as provided for in this act, in double the sum of the amount supposed to come into his hands, and such security as shall be approved by the circuit judge of the judicial cir- suit in which said attorney resides, and such bond when approved shall be filed with the commissioner of state lands, and the commissioner of state lands shall, when such bond has been filed with him, turn over, or cause to be turned over to the said attorney, all notes and claims due the school fund pertaining to the sixteenth section lands. Said attorneys may retain,, as fees for collection, ten per cent of the gross amount collected by them under the provisions of this act. The remainder of said gross amount, after deducting their fees, as above provided for, shall be by said attorneys transmitted without delay to 98 DIGEST OP SCHOOL LAWS. the treasurer of state, who shall place the same to the credit of the sixteenth section fund of the county to which it rightfully belongs, and said attorneys shall pre- pare and forward to the commissioner of state lands a statement for each and every collection made by them, setting forth the name of the maker of the note or claim, the date of same, the dates of all previous payments (if any) made on such note or claim. Sec. 7713. Treasurer of state shall issue receipts. — All moneys paid into the state treasury arising from the sale or collection of notes and claims pertaining to the sixteenth section lands, shall be by the state treasur- er placed to the credit of the county's sixteenth section fund, to which said moneys may rightfully belong, and the treasurer of state shall, for each payment to him on account of the sixteenth section fund, issue triplicate re- ceipts, one of which receipts shall be filed with the audi- tor of state, one filed with the commissioner of state lands and one given to the party making payment. Sec. 7716. Claims — Turned over to commissioner of state lands. — All notes, claims, bonds, papers or evidences of debt belonging to the school fund, arising from the sale or sales of sixteenth section lands, in the hands of the county collectors or other persons, shall be, within ninety days after the passage of this act, turned over to the com- missioner of state lands. Sec. 7717. Must pay claims in ninety days. — All county treasurers, collectors or other persons, having in their possession any funds arising from the sale or sales of the sixteenth section lands,, shall, within ninety days after the passage of this act, pay the same into the state treasury, and the state treasurer shall place the same to the credit of the respective counties' sixteenth section fund accounts to which said funds do rightfully belong. Sec. 7718. Commissioner shall make deed. — Upon the presentation to the commissioner of state lands 99 DIGEST OF SCHOOL LAWS. of any certificate of purchase as specified in Section 7707 the commissioner shall execute to the purchaser a deed for the lands therein described and shall keep a full and complete record of all such sales and of the deeds so is- sued, and it shall be the further duty of the commission- er of state lands to keep as correct records of sale or sales of the sixteenth section lands as the reports made to him from time to time may enable him to do. Act March 31, 1885. Sec. 2-18. PATENTS. Sec. 7727. Title may be made to assignee. — When the purchaser of any portion of the common school lands lias heretofore assigned, or may hereafter assign, the certificate of purchase of such land, the title thereof may be made directly to the last assignee of such certificate of purchase, upon full payment of all the purchase money and interest due on said land. Act April 12, 1869, Sec. 10. Sec. 772S. Commissioner may make deed to heirs. — If any person who shall have purchased any portion of the sections of school lands from the collector of any of the counties of this state, and paid one-fourth the pur- chase money therefor, and received a bond for title from . '-. collector, shall die before such payment is fully made, and the executor, administrator, guardian or legal representative of such deceased person shall pay or cause to be paid the balance, if any. that shall be due to the collector on said purchase, upon the certificate of the col- lector of the proper county that the whole of the pur- chase money, with all the interest due thereon, has been fully paid, the commissioner of state lands shall forth- with execute a deed, as is now required by law, to the heirs at law of such deceased person. lb.. Sec. 11. as ..' act February 16. 188S S] C 7729. Lewd shall stand charged. — The land thus eyed to the heirs shall stand charged with the DIGEST OF SCHOOL LAWS. amount of money necessarily advanced to the school fund, in order to procure title, and shall, in other re- spects, be chargeable with the rights and incumbrances that would have attached had it descended regularly to the same heirs. Sec. 7730. Patents made valid. — All patents issued for sixteenth section, or any part thereof, or common school land during the war between the states and all official acts of the officers of this state, in regard to such lands, during the said war, and also all deeds made by the common school commissioners of the several coun- ties in compliance with an act of the legislature of the state, entitled, "An act to relieve certain citizens of Ar- kansas who purchased school lands," passed March 4, 1867, are hereby confirmed, ratified and made valid, and full faith and credit shall be given to said patents, deeds and official acts in all the courts of this state. Provided, nothing herein shall be construed to prevent the setting aside of any of said deeds or patents for actual fraud or mistake. Sec. 7731. Rights of state vested in owner of pat- ents. — Any right, title or interest which the state of Ar- kansas may have acquired, or holds by virtue of any judgment, decree, execution or sale of any court in this state, in lands for which patents or deeds have been made and issued as mentioned in Section 7730 is hereby vested in the proper owners thereof under such deeds or patents. Sec. 7732. Attorney may dismiss suits. — The at- torney representing the state of Arkansas is hereby in- structed and required to dismiss all suits now pending for school lands where patents or deeds have been made therefor, as specified in Section 7730, or if it does not ap- pear on the face of the pleadings filed that such patents or deeds have been made, then the patent or deed may be pleaded in bar of the suit, or the court may dismiss the suit on exhibition and prof ert of such deed or patent : and 101 DIGEST OF SCHOOL LAWS. where judgment or decree has been entered, and sale has not been made, the state's attorney shall enter satisfac- tion in full thereof on the presentation to him of such deed or patent. Sec. 7733. Commissioner required to execute deed. — If any purchaser of school lands shall have paid the pur- chase money thereof, and received no deed or patent therefor, or if any person now owing for school lands bought shall hereafter pay out his indebtedness therefor, and shall produce to the commissioner of state lands sat- isfactory evidence of such payment, the commissioner of state lands is authorized and required to execute to such person, or to his legal representative, a deed conveying all the right, title and interest of the state of Arkansas in such lands ; but if payment has not been made before suit is begun, the purchaser shall also pay the costs of the suit Act December 14, 1875, as amended by act March 31, 1885, Sec. 18, and act of February 16, 1885, Sec. 2. LEASE OF SCHOOL LANDS. Sec. 7734. Lands shall be leased. — All school lands in any county in this state susceptible of cultivation shall be leased by the county collector of said county from the first to the tenth of January in each year. Act April 12, 1869, Sec. 12. Sec. 7735. Must be leased at public outcry. — The manner and terms of leasing said lands shall be by pub- lic outcry to the highest bidder, the lessee paying one- half the amount of rent in cash at the time of leasing and the balance at the end of the year. lb. Sec. 7736. Twenty days notice must be given. — At least twenty days' public notice of the time and place of offering such lands for rent or lease shall be given by said collector by publishing the same in the newspapers of the county and by posting up hand-bills at the most prominent points throughout the county. lb. 102 DIGEST OP SCHOOL LAWS. Sec. 7737. Collector may rent privately. — If any school lands offered for rent or lease at the time and in the manner above indicated shall not bring such price as the collector shall think a reasonable rent therefor, he shall be authorized to rent the same by private contract for the ensuing year, or for a longer term if he shall deem it expedient. lb. Sec. 7738. Prior occupants required to pay rent. — The occupants of school lands prior to the passage of this act shall re required to pay a reasonable annual rental during the time said lands have been so occupied. Sec. 7739. Usages of other lessees shall govern. — The lessees of school lands shall be subject to the same provisions governing the lessees of other property. Pro- vided, it shall not be rented for a less amount than was offered at public sale. lb. CUTTING TIMBER OFF SIXTEENTH SECTION. Sec. 1929. Unlawful to cut timber. — It shall not be lawful for any person to cut or remove any timber or stone off the sixteenth sections of land, for the use of schools, or any section or fractional section selected in- stead of the sixteenth section. TRESPASS ON SCHOOL LANDS. Sec. 1932. Penalty for trespass. — Every trespasser upon the school lands shall, upon conviction, be fined in three times the amount of damages done, and shall stand committed as in other cases of misdemeanor. Act April 12, 1869, Sec. 13. ESTRAY FU.ND. Sec. 7862. Fund shall go to school fund. — Every per- son who shall take up an estray beast which shall not be reclaimed by the owner, within one year, shall pay into the county treasury in which such estray was taken up, 103 DIGEST OP SCHOOL LAWS. one half of the residue after deducting all legal expenses from the appraised value of the beast, and shall file the county treasurer's receipt for the same in the office of the county clerk, and the county clerk shall charge the coun- ty treasurer with all such funds as shall be paid into the treasury, and all such funds shall be apportioned among the several districts of the county, as other funds are now apportioned. Act March 15, 1897. ACT 331. AN ACT to authorize school districts in this state to ex- ercise the power of eminent domain and to take and use private property for school purposes. Be it Enacted by the General Asembly of the State of Arkansas : Sec. 1. The school districts in this state are hereby authorized to exercise the power of eminent domain and to condemn, take and use private property for the use of said school districts for schoolhcuses or necessary play grounds or other necessary uses incidental thereto. Sec. 2. Whenever any such district shall deem it de- sirable or necessary to condemn, take or use any private property for the purpose mentioned in Section 1, it may condemn the same, first offering just compensation there- for. Sec. 3. In case the owners of such property and the authorized board of directors of the school district shall not be able to agree on the price to be paid for such property, the said school district may file in the circuit court of the county where such property is situated, con- demnation proceedings in which they shall set out specif- ically the description of the property desired, the pur- poses for which it is desired, and that the said district and the owner have not been able to agree upon a price therefor, and may, if the use or enjoyment of the prop- 104 DIGEST OF SCHOOL LAWS. erty is needed forthwith for the construction of any- building or proper carrying on of any school, request the court, or the judge thereof, at a convenient day, notice of such application being given such owner, to fix a proper sum of money to be deposited as security for the payment of such damages as may be assessed, whereupon they shall have authority to take immediate possession of such premises for uses as set up in their petition. Sec. 4. If the damages or proper compensation for such property are not agreed upon before the case is called for trial in its regular order, a jury shall be im- paneled who, after hearing all the testimony, shall fix the compensation to be paid by such district, not exceeding the actual value of the land taken, without taking into consideration either detriment or benefit on account of school uses to said property or any adjacent property. Sec. 5. After the compensation is so fixed by the jury as in the preceding section provided, the school district shall, within sixty days thereafter, pay to the owner of said property, or to the clerk of the court wherein such verdict was rendered, the amount of such verdict, and the court shall thereupon enter an order con- demning said property and vesting the title in the same for school purposes in said district; provided, either party shall have the right of appeal from any such order or judgment. , The provisions of this Act shall apply to the follow- ing named counties only: Jackson, Faulkner, Logan, Arkansas, Woodruff, Cross, Madison, Desha, Pulaski, Pope, Polk, Yell, Searcy, Sevier, Mississippi, Miller, Crit- tenden, Baxter, Craighead and Montgomery. Sec. 6. All Acts or parts of Acts in conflict here- with are hereby repealed and this Act shall be in force from and after its passage. Approved May 31, 1909. 105 DIGEST OF SCHOOL LAWS. ACT 347. AN ACT to regulate and enforce attendance at the schools in Polk, Cleburne, Baxter,, Madison, Frank- lin, Sebastian, Yell, Independence and Scott counties, in the State of Arkansas. Be it Enacted by the General Assembly of the State of Arkansas : Sec. 1. Every parent, guardian, or other person in Polk, Cleburne, Baxter, Madison, Franklin, Sebastian, Yell, Independence and Scott counties, in the state of Arkansas, having charge and control of children between the ages of eight and fourteen years, shall cause each child to attend regularly some day school, public, private or parish, not less than one-half of the entire time of the public school said child attends is in session, or shall pro- vide said child at home with such regular daily instruc- tion during the usual hours as shall be in judgment of court or school board having competent jurisdiction,, sub- stantially equivalent to at least the instructions given the child of like age and advancement of any day public school in the locality in which said child resides; pro- vided, that every parent, guardian or other person in Polk, Cleburne, Baxter, Madison, Franklin, Sebastian, Yell, Independence and Scott counties, in the state of Ar- kansas, having charge and control of children between the ages of fourteen and sixteen years, who is not active- ly and regularly and lawfully engaged in some useful em- ployment or service, shall cause said child to attend school as hereinbefore provided for children from eight to fourteen years. Sec. 2. A child between the ages aforesaid may be excused temporarily from complying with the provisions 106 DIGEST OF SCHOOL LAWS. of this act in whole or in part if it be shown to a court of competent jurisdiction or school board of said district that said parent or guardian, or person having charge and control of said child, is not able through extreme destitution to provide or obtain in any way proper cloth- ing for said child, or that said child is mentally or physic- ally incapacitated to attend school for the whole period required or any part thereof,, or that there is no public school taught within two and one-half miles of the resi- dence of said child by the nearest traveled road, or that the labor of said child is absolutely necessary for the sup- port of the family, or that said child has completed the common school course, including the eight (8) grades, and has certificate of same school the child attended. If any child is unable to attend school, as hereinbe- fore required, by not being able to procure books, on sat- isfactory proof of same the school board shall purchase said books out of the incidental fund for use of said child. Sec. 3. The board having charge of a public school in a city or district of three thousand or more population by the last census, may appoint, and remove at pleasure, one or more attendance officers to enforce the provisions of this act, and shall fix the compensation and manner of performance of the duties of the said attendance officers, and shall pay them from the public school fund of said city or district, and the attendance officers as aforesaid shall serve written or printed notices upon the parents or guardians, or persons who have charge or control of the children aforesaid, who violate the provisions of this act, shall when reasonable doubt exists as to the age of any such child, shall require a proper attested birth certificate or an affidavit stating such child's age, date of birth and physical characteristics; shall have the right to visit any office, factory or business house employing children as 107 DIGEST OF SCHOOL LAWS. aforesaid; shall have the right to require a proper at- tested certificate of attendance of any child or children at £.uch day schools ; shall have power to arrest without war- rant all truants and non-attendants as aforesaid., and place them in some public school, unless the parents, guardian or person in charge and control of said children respectively, shall at once place them in some other day school aforesaid, and shall serve legal notice and sub- poenas of the court and make such required arrests in the case which they prosecute without further fee or com- pensation than that paid by the board, as aforesaid. All constables, marshals, sheriffs and -their deputies are ex- offtcio attendance officers and shall receive fees the same as in other cases of misdemeanors and shall carry into effect such other regulations as may lawfully be required by the school board. Sec. 4. The board having charge of the public school of any city or district having ten thousand or more popu- lation by the last census, may establish and maintain from the public school fund, one or more ungraded tru- ant or parental schools in such city or district. Any school board m^y at its discretion purchase land and maintain such school either within or without their own school district, for children who are between the ages of eight and sixteen years, and who are either habitual tru- ants from any school in which they are enrolled as pupils, or who while in attendance at any school are incorrigible, vicious or immoral, or who habitually wander or loiter about the streets or woods or public places without law- ful employment, and such children shall be deemed juven- ile disorderly persons, and may be by said school board, through its officers, assigned to and required and com- pelled to attend such truant or parental school or any de- partment of the graded schools as such school board or court may direct. 108 DIGEST OF SCHOOL LAWS. Sec. 5. Any parent or guardian or person having charge and control of children between the ages of eight and sixteen years violating any of the provisions of this act shall be warned, as aforesaid, as soon as possible after the beginning of the public school term of the city or town, district in which said child resides, and also at any time thereafter, by the attendance officers therein pro- vided, or by clerk of district where no attendance officer is provided for, to place and keep said child in regular at- tendance at some day school within ten days from the ser- vice of said written or printed notice of warning, and upon failure to comply with this act, after the lapse of ten days from the date of the service of said notice of warn- ing, said parent or guardian or person having charge and control of said child (shall) be deemed guilty of a misde- meanor and, upon conviction thereof, shall pay a fine of not less than five dollars nor more than twenty-five dol- lars; provided, that such fine may be suspended, finally remitted by court with or without payment of cost, at discretion of the court if said child be immediately placed and kept in regular attendance of some day school as aforesaid, and if such fact of regular attendance is proven subsequently to the satisfaction of said court by attested certificate of attendance by the superintendent or teacher of said school. Sec. 6. Every board having charge of the public schools of any town or district within the counties of Polk, Cleburne and Scott, in the state of Arkansas, shall each year publish a synopsis of this act ten days prior to the opening of the school in a newspaper published in the city or town or district in which the members thereof reside, or shall post copies thereof, in five or more public 109 DIGEST OF SCHOOL LAWS. places in the district, as will in their judgment best give knowledge thereof. Sec. 7. No child between eight and fourteen years of age shall be employed in any mine, factory, workshop, mercantile establishment, or any other manner within the usual school hours, unless the person employing him shall first procure certificate from the superintendent or the teacher of the school he or she attended, stating that such child attended school for a period as required by law, or has been excused from attendance as provided in Section 2. And it shall be the duty of such superintend- ent or teacher to furnish such certificate upon application of parent or guardian or person having such control of such child entitled to same. Sec. 8. Every owner, superintendent or officer of any mine, factory, workshop or mercantile establishment, and any other person who shall employ any child between eight and fourteen years of age contrary to the provisions of this act, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined for each offense in a sum not less than five ($5.00) nor more than ten ($10.00) dollars and costs. Sec. 9. Prosecutions under this act shall be brought in the name of the county of Polk, Cleburne, Baxter, Madison, Franklin, Sebastian, Yell, Independence or Scott, in the state of Arkansas, before any court of record having competent jurisdiction. In cities having fifty thousand population or more,, and before any court hav- ing competent jurisdiction in other districts, and the fines collected shall be paid over to the county treasurer, to be credited to the general school fund of the city or county. No bond for cost shall be required by any court or officer in prosecution under this act. no DIGEST OF SCHOOL LAWS. Sec. 10. All laws in conflict with this law are here- by repealed, and this Act to take effect and be in full force from and after June first, 1909. Notice to Parents and Guardians, as required in Sec- tion 6: First. Every child between eight and fourteen years old and between fourteen and sixteen years, not regular- ly employed, must attend some day school at least half of the term each year — three or four months. Second. No child can be excused on promise to at- tend, he must attend first half of term before being ex- cused on that account. Third. Courts having jurisdiction, justice of the peace, in rural districts, and cities having less than fifty thousand population, may excuse children from attend- ing school for the following reasons : (a) Parents cannot supply proper clothing, (b) Child mentally or physically unable to attend, (c) No public school within two and one-half miles of the home. (d) Labor of the child is necessary to support family. (e) Child has completed the common school course. Fourth. No child between eight and fourteen years can be employed in mines, factories, workshops or store, unless excused for one of the five reasons, or has state- ment from teacher that he has already attended half of the term of that school year. Fifth. It is the duty of the attendance officer and district clerks to notify parents and guardians when children fail to comply with the provisions of the law. Sixth. The penalty for nonattendance falls on par- ent or guardian and in its maximum fee of twenty-five dollars or imprisonment for thirty days, or one or both. in DIGEST OF SCHOOL LAWS. Seventh. For illegal employment of the child em- ployers are subject to a fine of twenty-five dollars and costs. Eighth. Every school board shall publish this syn- opsis in a newspaper of the district, or post in five public places ten days before public school opens each year. Approved May 31, 1909. ACT 234. AN ACT to Eegulate and Enforce Attendance at the Schools of the State of Arkansas. Be it Enacted by the General Assembly of the State of Arkansas : Sec. 1. Every parent, guardian or other person in the State of Arkansas, having charge or control of any child between the ages of (8) and (16) years, shall cause such child to attend regularly some day school, public,, private, parochial or parish, not less than one-half of the entire time the public school said child attends is in ses- sion, during any one year, or shall provide such child at home with such regular daily instruction during the usual hours as shall be, in the judgment of court or school board having competent jurisdiction, substantial- ly equivalent to at least the instructions given the child- ren of like age and advancement at the day public school in the locality in which said child resides. Provided, that every parent, guardian or other person in the state of Arkansas, having charge and control of any child between the ages of sixteen and twenty years, who is not actively and regularly and lawfully engaged in some useful employment or service, shall cause said child to attend echool as hereinbefore provided for chil- dren from 8 to 16 years. Sec. 2. Any child between the ages aforesaid may be excused temporarilv from complying with the provisions 112 DIGEST OF SCHOOL LAWS. of this act, in whole or in part, if it be shown to a court of competent jurisdiction or school board of said district, that said parent or guardian, or person having charge or control of said child, is not able through extreme destitu- tion, to provide proper clothing for said child, or that said child is mentally or physically incapacitated to attend school for the whole period required or any part thereof, or that there is no public school taught within two and one-half miles of the residence of said child by the near- est traveled road, or that the labor of said child is ab- solutely necessary for the support of the family, or that said child has completed a common school course, includ- ing seven (7) grades, and has certificate of same from the school said child attended. If any child, or children,, are unable to attend school as hereinbefore required by not being able to procure books, on satisfactory proof of same, the respective school board shall purchase said books out of the general school fund of said district. Sec. 3. The board having charge of a public school in a city or district shall appoint for a period of one year, one or more attendance officers to enforce the pro- visions of this act. The fees of said attendance officers shall be the same as that of peace officers for similar service, and said fees shall be paid from the public school funds of the city or district. The attendance of- ficers shall serve written or printed notices upon the par- ents or guardians, or persons who have charge and control of any child or children as aforesaid who violate the provisions of this act, and shall, when reasonable doubt exists as to the age of any child, require a prop- erly attested birth certificate or an affidavit stating such child's age, the date of birth and physical character- istics; and shall have the right to visit and enter any office or factory or business house employing children as aforesaid; and the right to require a properly attested certificate of attendance of any child or children at such 113 . DIGEST OF SCHOOL LAWS. day school; and power to arrest without warrant all truants and non-attendants as aforesaid and place them in some public school, unless the parents, guardians or persons in charge and control of said children, respect- ively, shall at once place them in some other day school as aforesaid. Such attendance officer shall serve the legal notices and subpoenaes of the court, without further fee or compensation than that paid by the board as aforesaid, and he shall carry into effect such other regulations as may lawfully be required by the board ap- pointing him. Sec. 4. The board, having charge of the public schools of any city or district having 10,000 or more population by the last census, may establish and maintain from the public schools in such city or district, or any school board may, at its discretion, purchase land and maintain such school, either within or without their own school district for children who are between the ages of eight and sixteen years, and who are either habitual tru- ants from any day school in which they are enrolled as pupils, or who, while in attendance at any school, are in- corrigible, vicious or immoral, or who habitually wander or loiter about the woods or public places without lawful employment, and such children shall be deemed juvenile disorderly persons, and may be by said school board, through its officers, assigned to, and required and com- pelled to attend such truant or parental school, or any de- partment of the graded schools, as such school board or court may direct. Sec. 5. Any parent or guardian, or person having charge and control of any child between the ages of eight and sixteen years, violating any of the provisions of this act, shall be warned as aforesaid, as soon as possible after the beginning of the public school term of the city, town or district in which such child resides, and also at any 114 DIGEST OF SCHOOL LAWS. time thereafter by the attendance officer herein provided for, or by the clerk of district where no attendance officer is provided for, to place and keep said child in regular at- tendance at some day school, within ten days from the service of the said written or printed notice of warning, and upon failure to comply with this act, after the lapse of ten days from the date of the service of said notice of warning, said parent, guardian or person having charge or control of said child shall be deemed guilty of a misde- meanor, and upon conviction thereof shall pay a fine of not less than ten ($10.00) dollars and not more than twenty-five ($25.00) dollars. Provided, that such fine may be suspended and finally remitted by the court trying the case, with or without payment of cost, at discretion of the court, if the said child be immediately placed in regular attendance in some day school as aforesaid, and if such fact of regular attendance is proven subsequently to the satisfaction of said court by attested certificate of attendance by the superintendent or teacher of said day school. Sec. 6. Every board having charge of the public schools of any city, town or district in the State of Ar- kansas, shall each year publish a synopsis of this act ten days prior to the opening of school, in a newspaper pub- lished in the town,, or city, or district, in which the mem- bers thereof reside, or shall post copies thereof in five or more conspicuous places in said district, city or town. Sec. 7. No child between eight and sixteen years of age shall be employed in any mine, factory, workshop, mercantile establishment, or in any manner, during the usual school hours while such school is in session, unless the person employing such child shall first procure a cer- tificate from the superintendent or the teacher of the school he or she attended, stating that such child attended school for the period required by law, or has been ex- 115 DIGEST OF SCHOOL LAWS. cused from attendance as provided in section 2 of this act, and it shall be the duty of such superintendent or teacher to furnish such certificate upon application of a parent, guardian or person having control of such child entitled to same. Sec. 8. Every owner, superintendent or officer of any mine, factory, workshop or mercantile establishment, and any other person who shall employ any child between eight and sixteen years of age, contrary to the provisions of this act, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined for each offense in a sum not less than ten ($10.00) dollars, nor more than thirty ($30.00) dollars. Sec. 9. Prosecution under this act shall be brought in the name of the state of Arkansas before any court having competent jurisdiction, and the fines collected shall be paid over to the county treasurer and be cred- ited to the general school fund of the respective city,, town or district, no bond for cost shall be required by any court or officer in prosecution under this act. Provided, the following counties shall be exempted from the provisions of this act : Arkansas, Ashley, Baxter, Boone, Bradley, Calhoun, Clark, Chicot, Cleburne, Columbia, Conway, Crittenden, Cross, Dallas, Desha, Drew, Hempstead, Hot Spring, Howard, Izard, Jefferson, Lafayette, Lee, Lincoln, Little Eiver, Logan, Lonoke, Marion, Miller, Mississooi, Mon- roe, Montgomery, Ouachita, Perry, Phillips, Pikt, Poin- sett, Polk, Pope, Pulaski, Saline, Searcy, Woodruff and Yell. Approved May 12, 1909. 116 DIGEST OF SCHOOL LAWS. ACT 189. AN ACT to amend Act number 266 of Acts of 1905, ap- proved May 6, 1905, and Section 7590 of Kirby's Digest of the Statutes of Arkansas. Be it Enacted by the General Assembly of the State of Arkansas : Sec. 1. That Act No. 266 of the Acts of 1905 be and the same is hereby amended to read as follows : For the purpose of raising revenue to support the state government, the charitable institutions of the state, and the common school, a tax shall be levied on the tax- able property of the state, as follows: For defraying the general expenses of the state gov- ernment, including the charitable institutions of the state and to supply deficiencies, there shall be levied for each fiscal year beginning on the first Monday in February,, 1907, one and three-fourths mills on the dollar; for the support of common schools, three mills on the dollar. There shall also be levied annually one dollar per capita on every male inhabitant of the state over twenty-one years of age for common school purposes. Provided, this act shall not be construed to effect the levies provided for in Sections 6493 and 242 of Kirby's Digest, and that pro- vided for a Capitol fund by act of April 29, 1901, and the act to pension ex-Confederate soldiers, approved March 4, 1907. Sec. 2. Be it further enacted that Section 7590 of Kirby's Digest be and the same is hereby amended so as to read as follows: Sec. 7590. The electors of every school district shall, when lawfully assembled in annual school district meet- ing, with not less than five electors present, have the power, by a majority of the votes cast at such meeting; 117 DIGEST OP SCHOOL LAWS. first, to choose- a chairman; second, to adjourn from time to time ; third, to appoint when necessary, in the absence of the directors of the district, a clerk pro tern; fourth, to elect a director for the district for the next three school years, who can read and write; fifth,, to designate a site for a school house ; sixth, to determine the length of time during which a school shall be taught more than three months in a year ; seventh, to determine what amount of money shall be raised by tax on the taxable property of the district, sufficient,, with the public school revenues ap- portioned to the district, to defray the expenses of a school for three months, or for any greater length of time, they may decide to have a school taught during the year; provided, no tax for the purpose aforesaid greater than seven-tenths of one per cent on the assessed value of the property of the district shall be levied ; and, provided further, they may if sufficient revenue cannot be raised to sustain a school for three months during any one year, determine by ballot that no school shall be taught during such year, in which case the revenue belonging to such district shall remain in the treasury to the credit of such school district; eighth, to repeal and modify their pro- ceedings from time to time. Sec. 3. All laws and parts of laws in conflict here- with be an dthe same are hereby repealed, and this act shall take effect and be in force from and after its pas- sage. Approved April 17, 1907. ACT 271. AN ACT to amend Section 17 of an Act entitled "An Act to provide for the establishment and maintenance of a State Normal School for the State of Arkansas." Be it Enacted by the General Assembly of the State of Arkansas : 118 DIGEST OF SCHOOL LAWS. Sec. 1. That Section 17 of an act entitled "An Act to provide for the establishment and maintenance of a state normal school for the state of Arkansas," approved May 14, 1907, be amended so as to read : "The normal school board is authorized to grant the degree of licentiate of instruction to such students as shall have completed the full course of instruction in said normal school, shall have been recommended by the facul- ty, and shall have passed an approved examination. Such diploma when signed by the members of said examining board, the same to be appointed by the normal school board, the president and secretary of the normal school board and the president of the normal school shall be equivalent to a professional license, authorizing the holder of the same to teach in any public school of the state of Arkansas for a period of six years from and after the date of issue, and after the expiration of that time said diploma may be converted into a life certificate pro- vided the character of work done by the holder thereof and his moral character meet the approval of the normal school board." Sec. 2. That all laws or parts of laws in conflict herewith be and the same are hereby repealed, and this act shall take effect and be in force from and after its passage. Approved May 24, 1909. ACT 100. AN ACT to provide for the establishment and mainten- ance of Public Schools of Agriculture in the State of Arkansas. Be It Enacted by the General Assembly of the State of Arkansas : Sec. 1. For the purpose of this act, the state of Ar- kansas is divided into the following districts : 119 DIGEST OF SCHOOL LAWS. The First District to be composed of the following counties : Baxter, Fulton, Sharp, Randolph, Clay,, Greene, Lawrence, Izard, Stone, Independence, Jackson, Craig- head, Poinsett, Mississippi, Crittenden, Cross. St. Francis, Woodruff, White, Cleburne. The Second District shall be composed of the follow- ing counties : Marion, Boone, Carroll, Benton, Washing- ton, Madison, Newton, Searcy,, Van Buren, Conway, Pope, Johnson, Franklin, Crawford, Sebastian, Logan, Yell, Perry, Scott and Faulkner. The Third District shall be composed of the follow- ing counties: Polk, Montgomery, Garland, Saline, Pu- laski, Hot Spring, Pike, Howard, Sevier, Little River., Hempstead, Clark, Nevada, Ouachita, Columbia, Lafay- ette and Miller. The Fourth District shall be composed of the follow- ing counties : Lonoke, Prairie, Monroe, Lee, Phillips, Ar- kansas, Jefferson, Grant,, Dallas, Cleveland, Lincoln, Desha, Drew, Bradley, Calhoun, Union, Ashley and Chicot. Sec. 2. Within each of the foregoing districts there shall be established an industrial school to be known as "The State Agricultural School" of its respective district and in which shall be taught agriculture, horticulture and the art of textile manufacturing. Sec. 3. The governor of the state, with the concur- rence of the senate, shall appoint in each of the above named districts five trustees, who shall be intelligent farmers, said five trustees in each district shall constitute a board of trustees for their respective district, with power to control the management of the schools herein provided for, and make rules and regulations for the management of same, subject to the provisions of this act. Said trustees shall hold office for a term of ten years or until their successors are appointed ; provided, the first 120 DIGEST OF SCHOOL LAWS. incumbents shall serve for the following periods : One for two years, one for four years, one for six years, one for eight years, and one for ten years; and thereafter one new member appointed every two years ; provided furth- er, the governor shall have power to fill all vacancies caused by death, resignation or otherwise, by appointing a trustee to fill the unexpired term, and he shall also have power to remove any trustee for good cause shown. Sec. 4. The board of trustees in each district shall have power to locate the agricultural school within such district, and the board shall take into consideration the nature of the soil, healthfulness of location, general de- sirabilities, and other material inducements offered, such as the donation of buildings, lands or money. Sec. 5. Said board shall elect one of its members president, one vice president and one secretary. Said board shall meet upon call of the president, and after the school is located the board meetings shall be held at the school. The members of the board shall be allowed two ($2.00) dollars per day and necessary ex- penses while attending meetings of the board, and a ma- jority shall constitute a quorum to do business. All ex- penses shall be certified by the president or vice presi- dent, attested by the secretary, to the state auditor, and paid out of the appropriation herein provided. Sec. 6. The course of study shall be provided by the trustees of each school and shall consist of at least prac- tical experiment, treatises or lectures on agriculture and horticulture, and as soon as practicable and not later than one year succeeding the opening of each school, there shall be established in connection therewith a textile school in which shall be taught the art of cotton manu- facturing, and other textile manufacturing, should the board of trustees deem it expedient. 121 DIGEST OF SCHOOL LAWS. Sec. 7. The faculty of each school shall consist of a principal, who shall be a graduate of some reputable school of agriculture ; one instructor in stock raising and dairying ; a competent textile instructor and assistants as may be necessary. The trustees may combine the duties of any of the above when practicable. Sec. 8. That after the first buildings are erected and are ready for temporary use, all work in, on and about said school,, or on the farm or on or in the barns con- nected with such schools, whether it be farming, building, care of stock, or whatever kind of work, shall be per- formed by students of said school under such regulations for the proper divisions and alterations in such work as may be provided by the trustees. Sec. 9. That the tuition in said school shall be free, and the trustees may limit the number of students from time to time, according to the capacity and means of the institution, and shall make such rules of admission as to equalize, as nearly as practicable,, the privileges of the school among the counties according to population, and the trustees may defer the actual opening of the school until such time as may be necessary to prepare reason- able facilities and equipment for the beginning of same; but it is made the duty of the trustees to open said school even though it may have to be done on a limited scale as early as practicable and afterwards extend its operations as circumstances may permit; and the trustees are au- thorized to rent, to the best advantage from time to time, any portion of the property of such schools not required for the immediate use of said school. No student under the age of fifteen years shall be admitted as a student at such schools. Sec. 10. There is hereby appropriated out of any funds in the state treasury not otherwise appropriated $160,000.00, or so much thereof as may be necessary, 122 DIGEST OF SCHOOL LAWS. $40,000.00 of which shall be for the benefit of each of the aforesaid districts for the purpose of this act. All funds realized from the operation of said schools shall be paid into the state treasury to the credit of the general rev- enue fund. Sec. 11. The several agricultural schools provided for by this act shall co-operate by reporting to each the results of their several experiments and shall mutually agree upon the publication of such bulletins for free dis- tribution as they may deem to the best interest of those engaged in agricultural pursuits. Sec. 12. That all laws and parts of laws in conflict with this act are hereby repealed, and this act take effect and be in force from and after its passage. Approved April 1, 1909. LEE DAY. AN ACT to encourage the study of Arkansas History and to promote the spirit of patriotism in the Public Schools of Arkansas. Be It Enacted by the General Assembly of the State of Arkansas : Sec. 1. That the nineteenth of January, the birth- day of Robert Edward Lee, shall be observed in all the public schools of this state as a day for patriotic exercises and the study of the history and the achievements of Ar- kansas men. Sec. 2. The state superintendent of public instruc- tion is hereby authorized to prepare and publish annually for use in all public schools of the state, a program of exercises dealing with events in the life of General Lee and other distinguished men, giving attention also to the achievements and work of eminent men who have served this state in civil and military life. 123 DIGEST OF SCHOOL LAWS. Sec. 3. It shall be the duty of county examiners, city superintendents and principals of schools to aid in carrying on this work and they shall arrange the exer- cises of their various schools in accordance with the pro- visions of this act. Sec. 4. This act shall be in full force and effect from and after its passage. Approved February 13, 1905. ARBOR DAY. AN ACT declaring the First Saturday in March of each year Arbor Day. Whereas, The splendid and remarkable development of the rich and varied resources of the state of Arkan- sas is rapidly developing her many towns and hamlets into great commeicial and manufacturing cities, thus driving farther and farther from the cottage home the stately beauty and grandeur of our noble forests, and in order to preserve to ourselves and those who shall inherit from us, some of the natural and original beauty of our foliage and benign comforts of the kings of shade trees as they spread their classic and beautiful branches, beguiled by the balmy breezes and alluvial soils, and that we may have more of the beautiful roses, the sweet scented hon- eysuckle, the glorious trumpet vine, and the thousand other ennobling shrubs and trailing vines that grow no- where more perfectly than in Arkansas, and in order that a day may be set apart and dedicated to their tender planting and affectionate care; therefore Be It Enacted by the General Assembly of the State of Arkansas : Sec. 1. That the first Saturday in March of each year be and the same is hereby declared Arbor Day. Sec. 2. This act shall be in force and effect from and after its passage. Approved April 25, 1905. 124 INDEX AGRICULTURAL SCHOOLS Four Established, Organization, etc. AGRICULTURE AND , HORTICULTURE: Must be taught in public schools ANNUAL SCHOOL ELECTION: Special school districts ANNUAL SCHOOL MEETING: Common School Districts — - "Who hold meetings, when Voters' qualifications Electors, powers of How held Ballot contains what County court to ascertain tax Return to county court Taxes levied and collected APPARATUS Common School Districts — May spend twenty-five dollars. Approved by state superintendent. Board may purchase same. APPORTIONMENT OP SCHOOL FUND: By state superintendent Basis of By county court To new districts County examiners report to clerk County examiners report to superintendent County clerk report to court . . . * Reimbursement for loss How refunded ARBOR DAY ATTENDANCE OFFICER (See Compulsory Attendance). ATTORNEY GENERAL: Duties, school fund Opinion of, when given AUDITOR: Commissioner, common school fund Accountant, board of commissioners of common school fund. . . .• Superintendent has access to books AUTHENTICATION Of any paper or document. B. BLANKS: To be furnished by state superintendent Pages. 119, 123 2S 82, 83 44 45 45 47 48 48 48 49 60 12 12 20 21 22 SO 22 22 22 124 7, 98 13 6 6 7 13 17 ii Index. Pages. Directors may secure, from whom 9 BALLOT: Contains what 48, 49 BOOK AGENTS: State superintendent not to act as 14 County examiner not to act as 14 BOUNDARY LINES: Of school districts changed by court 19, 20 Petitioned by electors 19 Must give notice 19 BUILDINGS: Report to be made of 65 Care of, by directors 56 Site for, how designated 45 Funds for, how provided 56 Board may purchase 84 c. CERTIFICATES: State 14 Professional 15 County, requirements for 28 Revocation of ■. 27 Notice of revocation 27 Renewal of, Act 311 33-35 Teacher must hold 58 CHARTS, GLOBES, ETC.: May be purchased by 60 Amount expended for 60 CLERK BOARD OF DIRECTORS: Keep records ■ 64 Make report 65 COLLECTORS: Duties as to per capita tax 5 COMPULSORY ATTENDANCE: Act 347 106-112 Act 234 112-116 COMMISSIONERS, COMMON SCHOOL: How composed 6 Time and place of meeting 6 Who presides 6 The secretary of 6 Record of 6 General duties of 7 COMMON SCHOOL (See Free School). COMMON SCHOOL FUND: Collection of 5 Debts due 98 County treasurer's commission on 79 Sources of — State tax, three mills 3 Sale of lands, gifts, etc 3 Doubtful funds 4 Index. iii Pages. Act 189 (of 1905) 117, 118 CONTRACTS TO TEACH: Who may contract 5S On what conditions 58 Must be written in duplicate 59 Petition required, when 59 CORPORAL, PUNISHMENT 68 (See notes and decisions). COUNTY CLERKS: Submit apportionment to county court 12 Report to county court 22 Notice when examiner apportions 24 Receive directors reports 65 COUNTY COURT: Apportionment by 20 Apportionment of doubtful funds 4 < Change of districts 18-22 To appoint county examiners 23 May remove examiner 32 Transfers 69-71 Appoint uniformity board 50 Call election (Act 321) 91-92 COUNTY EXAMINERS (See Examiner) 20 et seq. COUNTY, NEW: Reimbursed for loss 22 COUNTY SUPERINTENDENT 35-44 (Act of 1907). COUNTY UNIFORMITY OP TEXT BOOKS (See Text Books). COURSE OF STUDY • 16 D. DEBTS "DUE SCHOOL FUND 6 DICTIONARIES (See Charts) 60 DIRECTORS 53 et seq. How elected 45, 48, 82 May not be county examiners 24 When to qualify 54, 83 Who to' administer oath 54 Penalty for refusing to serve 54 Penalty for nonperformance of duty 54, 55, 72, 67 Penalty for failure to report tax 72 Vacancy, how filled 55, 84 Must establish separate schools 55 Have general charge 56, 84 Must contract with teachers..: 58, 84 May certify to their reports 67 Must adopt text-books 61 Must furnish register 61 Must visit the schools 62, 86 Must submit estimate 62 Must defend for district 63 Must draw orders on treasurer 63, 87 Schools closed on examination days 72 iv Index. Pages. Must not employ teachers in certain cases 58-60 Duties of clerk of board 64, 65, 87 Must report to county clerk 65 Must report to county examiner 65 Must not employ relatives 59 Must settle with county treasurer 67 May borrow money 90 May permit elder persons to attend school 69 May suspend pupils 67 Duties as to rules 68 Duties as to transferred children 70, 71 Duties as to private schools 72 Exempt from working roads n % For separate school districts 80 et seq. Penalty for false oath 67 Must close schools in certain cases 72 Penalty for fraud 78 Must give notice of election 6'4, 82 Require teaching of agriculture 28 Appoint attendance officers 107, 113 May insure school buildings 60 DISBURSEMENT OF FUNDS 77, 78, 87 DISTRICTS: Tax limit 3, 117 Dissolution of 19 Boundaries of 17 Changes of 17, 18 Style and name of 18 New districts 18 Special or separate districts 80 et seq. Transfers from one to another 69 "Vacancy in office of 55, 84 Must be numbered 31 Inhabitants of to be encouraged, how 30 May be dissolved by county court 19 Notice of change 17 Number required for formation 18 New district liable for debt 19 Shall be known by name of city 88 DISTURBANCE OF SCHOOL, PENALTY 77 E. ELECTION: School 44, 82 Who may vote 45 How to organize 45 What may be done at 45 Who to hold 47 Time for opening and closing polls 44, 82 Forms of ballots 48, i0, 36 Who to count 4 S Duties of election judges 48, 82 Duty of county clerk 48 Duty of county court 48 In separate school districts 82, 83 Index. v > Pages. County uniformity of text books 49 et seq. When held 44, 82 ELECTORS: Must have poll tax receipt 44 Powers of 45 Qualifications 44, 45, 89 ELEMENTARY AGRICULTURE 28 EMINENT DOMAIN 104 ENUMERATION : Report, contains what 65 When taken 65 Duty of whom 65 Penalty for failure 67 ESTIMATE OF DIRECTORS: Must include what 62 ESTRAT FUND 102 EXAMINATIONS : Must be public and quarterly 25, 26 Private 25 Re-examination 27 Schools must be closed 72 Teachers not to be charged for loss of time 75 Where held 25 Professional 15 State 14 County examiner 24 Fees 25 EXAMINERS: Appointment of 23 Duties of clerk 24 Duties of judge 23 Duties of state superintendent 24 Examination of 24 Expenses of 32 General duties of 25 et seq. How removed 32, 35 Institutes must be held by 33 May not be a director 24 Must hold public quarterly examinations 25 Must keep record of licensed teachers 30 Must prepare a report 30 Must number school districts 31 Must encourage the people. ...... 30 Penalties for failure to perform his duties 32 Qualifications 23 Reports of county clerk 22 Revocation of license 27. Salary of : . .' 24, 32 When to qualify 23 Must take oath 23 Time to report 22, 30 Must furnish pupils certificates 33 May renew license 33-35 Exempt from road duty 72 Chairman of uniformity board 5fr vi Index. Pages. May not be book agent 14 EXEMPTIONS: Prom road duty 72 Who are exempt 72 F. FREE SCHOOLS: Definition of 3 High schools may be 86 Failure of county to receive school fund 22 Fund, common school 3-8 Claims due, how collected 6 Limit of taxes for 3, 45, 117 Per capita tax for 3, 5, 117 Power to tax for 3 Right to attend 3, 69 Support of 3, 4 What may be taught in 16, 28 FUNDS: Common school 3-8 Treasurers to report 79 Treasurers' commission on 79 To be invested 7 How apportioned 12, 20 How paid out of state treasury 12 Estray fund 102 G. GLOBES, ETC.: Who may purchase 60 By whose authority 60 GRADED COURSE OF STUDY: Shall consist of what 16 Shall be prepared by whom 16 Must be used in schools k 16 GRADES OF CERTIFICATES (See Certificates). H. HIGH SCHOOLS: Who shall establish 86 I. INCOMPETENCY OF TEACHER: May be removed for 27 ^ Contract no defense for 86 INSTITUTES: County examiner to hold 33, 35 Teachers must attend 33, 35 County superintendent to hold 42 Who may assist 35 Shall hold how long 33 • Index. vii Pages. Must be held in June 33 Must not be held during examination 75 INSURANCE: Directors may insure building 60 INSULTING TEACHER: Penalty for 77 J. JUDGE, COUNTY (See County Court). L. LEASE OF SCHOOL LANDS: Must be leased publicly 102 Notice must be given 102 Collector may rent privately 103 Usages shall govern 103 LEE DAY 123 LICENSES TO TEACH (See Certificates). M. MAPS (See Charts). MAYOR: ■ Duties of in separate districts 81 MONTH: Term defined 60 N. NOTICE: Of annual school meeting 64 Of compulsory attendance 109, 115 Of county examiners 19 Of change in district 20 For formation of separate districts 81, 92 For lease of school lands 102 For revocation of license 27 For change of site, etc 64 NORMAL CERTIFICATE 119 o. OATH OF OFFICE OF DIRECTORS 54, 83 OFFICERS: See- State Superintendent. County Superintendent. County Examiner. Directors. Commissioners of Common School Fund. Attendance Officer. Vlll Index. P. PATENTS PERMANENT SCHOOL FUND PETITION: For separate districts For transfer , To employ teachers related to directors... POLL BOOKS: To be used by directors in annual meeting To be furnished, by whom - To be returned, to whom PRIVATE SCHOOLS: Directors may permit , PROSECUTING ATTORNEY: Duties as to school fund On violation of law, duty of PUBLIC SCHOOLS (See Free Schools). PUBLISHERS: Must furnish bond Must furnish samples PUNISHMENT: Who may administer May net be too severe Q. Paj 100- SO, QUESTIONS: To be furnished by state superintendent Shall be sealed Shall be opened when R. RACES. SEPARATE SCHuOLS FOR REMOVAL: Of teacher Of county examiner RENEWAL OF LICENSE REPORT: Of state superintendent Of county examiner 22, Of school directors to county examiners Of school directors to county clerk Of county superintendent , Of teachers REVOCATION OF LICENSE: Of teacher Of county examiner RIGHTS: Of district over funds Of parties transferred res. 102 4 92 69 59 9 9 48 72 80 80 52 53 68 OS 25 25 25 55 S4 32, 3 5 35 10, 11 30. 31 65, 66 6 5 41 61. 76 27 36 21 71 Index. ix Pages. Of Directors — In common school districts 53 et seq. In special school districts 82 et seq. Of electors 39 RULES: Directors may make 67, 68 Teachers enforce 67, 68 s. SALARY OF EXAMINERS: Shall not exceed what 24 Fee for report 32 Fee for expenses 32 SCHOOL DIRECTORS (See Directors): SCHOOL DISTRICTS (See Districts). SCHOOL LANDS: Inhabitants may petition for sale 92 Shall be appraised 94 Shall give notice of sale 94 Sale shall be public 95 Court may affirm sale of 95 SCHOOLS (See Free Schools). SCHOOLS FOR CITIES AND TOWNS (See Special School Districts). SCHOOLHOUSES: Tax must be voted for 45 Directors to have charge of and contract for 56 Not lawful to fix a site for, or vote tax for, when. . 64 Private school may be taught in 72 Penalty for defacing 76 In special districts, board has power to act 84 SCHOOL LAWS: State superintendent to publish 13 SEAL OF STATE SUPERINTENDENT: Shall adopt 17 He shall affix seal 13 SECTARIAN BOOKS PROHIBITED 75 SECRETARY OF STATE: One of board of commissioners 6 Shall be president of board 6 May call meetings 6 SEPARATE SCHOOL DISTRICTS (See Special School Districts). SEPARATE SCHOOLS: For both races 55 SINGLE DISTRICTS (See Special School Districts). SIXTEENTH SECTIONS 5, 92-98, 102 SPECIAL SCHOOL DISTRICTS: Monthly meeting of board 84 May borrow money 90 Organization of 80 Powers of board '. . 84, 88 Board shall control property 87 x Index. Pages. Shall be known by name of city 88 Limits coincide with city 91 Right of eminent domain 104, 105 When not in incorporated towns 91, 92 General school laws shall apply, when 89 STATE LANDS: Ten per cent of sales 3, 4 STATE NORMAL CERTIFICATES 119 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION: Duties of with reference to common school fund. . . 6 Apportionment by 12 General duties of 8 et seq. To publish laws and render decisions 13 Vacancy in office 14 Not to act as agent 14 To grant state certificates 14 To recommend books, etc 16 Must examine county examiner 24 Report of, includes what 10, 11, 12 Shall furnish examination questions 9 To grant professional licenses. . • . ., 15 Shall adopt seal 17 Advise special districts 89 SUITS AT LAW: Directors' duties 63 May employ lawyers 63 SUPERVISION OF PUBLIC SCHOOLS: To whom confined 8 See- State Superintendent. County examiner. County Superintendent. School directors. SUSPENSION OF PUPILS: In whom vested 67 For what causes 68 T. TAX LEVY 3, 45, 49, 117-118 TEACHERS: Assistants must hold license 58, 59 Assistants must have contract 58, 59 Cannot suspend pupils 67 Causes for revocation of license 27 Certificates, grades of 28, 14, 15 Certificates expiring while teaching, effect of 73 Examination of 25 May have license revoked 27 Moral character of 26 Must pay fees to county treasurer 25 Must contract with directors 58 Must hold license 73 Index. xi Pages. Must use register 74, 76 Must report infraction of rules 67, 68 Must believe in a supreme being 26 Must teacii common school branches 16 Mr.' : attend county institutes 34 M ust not permit sectarian teaching 75 Must not be charged for loss of time, when 75 i-enalty for failure to report 76 Penalty for teaching without license 73 Power as to rules 67, 68 Power as to corporal punishment 68 What teachers must report 61 With certain vices, may not teach 26 Wages, how affected by revocation 27 Removal of 27, 86 Must teach adopted books 16 Must present petition, when related to any one of directors 59 TEACHERS INSTITUTES (See Institutes). TEXT-BOOKS: State superintendent to prepare list of 16 Directors to adopt 61 Uniformity of 49 et seq. How adopted '. 49 Who shall appoint board 50 Duty of publishers 52, 53 Compensation of board 51 Examiner shall be chairman 50 Special districts may accept 53 TRANSFERS: General power , 69 et seq. Colored children, ten or less 69 White children, ten or less 69 Taxes of 70 Rights of transferred persons to vote 70, 71 Persons transferred may be director 70, 71 Can be made only into adjoining districts 70 Minor may not transfer 70 TREASURER: State 7 County ' 12, 25, 77, 78 Orders of directors upon 63, 75 Duties as to funds of transferred children 71 Commission on school fund 79 Report to state superintendent 79 Notice of funds 78 Keep record of warrants 79 Pay warrants in order of registration 79 TRESPASS: Penalty for 77 TUITION: Who to pay 69, 84 xii Index. U. UNIFORMITY OF TEXT BOOKS (See Text Books). V. * Pages. VACANCIES: In office of superintendent of public instruction.... 14 In office of examiner 23, 32 In office of director 55, 84 VISITATION: Of directors 62 In separate districts 88 w. WARRANTS: Must be drawn by whom 33 By whom paid 63 Unlawful for certain officers to own 7 7 District tax payable by warrant 77 Paid in order of registration -"9 Time for presentation 79 Of special districts 87