Glass 1^7.57^ f Book. i^^6 GENERAL PUBLIC SCHOOL LAWS OF ALABAMA 1905 ISSUED BY ISAAC W. HILL Superintendent of Education 7 9B9 GENERAL -^^^ PUBLIC SCHOOL LAWS OF ALABAMA 1905 ISSUED BY ISAAC W. HILL Superintendent of Education V - .^ . DEPARTMENT OF EDUCATION. ISAAC W. HILL, HARRY C. GUNNELS, Superintendent of Education. Chief Clerk. W. C. SWANSON and N. I. BILLING, MISS LENA FABER, Bookkeepers. Stenographer; STATE BOARD OP EXAMINERS. ISAAC W. HILL, Ex-Officio President. WM. F. FIEAGIN, Secretary. J. NICHOLENE BISHOP. MISS SUSIE OF.FUTT, Stenographer. -fM EXCHANGE. PUBLIC SCHOOL LAWS OF ALABAMA. Article I. PUBLIC SCHOOL FUND. 3589. Appropriations for public schools. — For the niaiiiteiianee of a system of public schools throughout the State, the following sums of money are hereby appro- priated for each scholastic year, to-wit : 1. The annual interest at six per cent, on all sums of money which have heretofore been, or which may here- after be received by the State, as the proceeds of sales of lands granted or instituted by the United States to the State, or to the several townships thereof, for school purposes. 2. The annual interest at four per cent, on that jjart of the surplus revenue of the United States, de- posited with the State under the act of congress ap- proved June 23, 1836. 3. All the annual rents, incomes and profits, or in- terests, arising from the proceeds of sales of all such lands as may hereafter be given by the United States or by this State, or by individuals, for the support of the public schools of the State. 4. All of such sums as may accrue toi the State as es- cheats; the same to be applied to the support of the public schools during the scholastic year next succeed- ing their receipt in the State treasury. 5. The further sum of five hundred and fifty thou- sand dollars, from any money in the treasury not other- wise appropriated. (As amended.) 6. The net amount of poll tax that may be collected in 'the State; the poll tax collected in each county to be retained therein for the support of the public schools thereof, and distributed and disbursed as provided in this chapter. 7. All rents, incomes and profits received into the State treasury during the scholastic year from all lands heretofore donated by the congress of the United States for the support of the public schools, and remaining un- sold, which shall be applied to the support of the pub- lic schools during the scholastic year next succeeding their receipt into the treasury. 8. Licenses which are by law required to be paid into the school fund of any county ; to be promptly paid by the judge of probate, or other person collecting the same, to the county superintendent of education, and to be expended for the benefit of the public schools of such county. 3540. When appropriations accrue, and placed to credit of educational fund. — All such appropriations, except the poll-tax, shall accrue to the educational fund on the first day of October, in each year; and on that day the State Auditor shall place to the credit of that fund, on the boots in his office, all such amounts as ac- crue thereto from the sources in this article mentioned, except the poll-tax, for the scholastic year beginning on that day. Article II. GENERAL DESIGNATION OF OFFICERS. 3541. Offi,cers for administration of public schools. For the administration and government of public schools in this State, there are the following officers : 1. The superintendent of education. 2. A county superintendent of education in each county. 3. Three township trustees in each township. Article III. SUPERINTENDENT OF EDUCATION. 3542. (As amended.) Term of office; saJarij.—The superintendent of education holds office for the term of four years from the time of his installation in office, and until his successor is elected and qualified, and shall receive a salary of two thousand, two hundred and fifty dollars per annum, payable in monthly installments, on the last day of each month. 3543. Outh of office and bond. — Before entering up- on the duties of his office, he shall take the oath of office prescribed by the constitution, and shall also give bond, with sureties to be approved by the Governor, in the sum of fifteen thousand dollars, conditioned faithfully to discharge the duties of his office so long as he shall remain therein, or perform any of the duties thereof; and such bond shall be filed in the office of the Secre- tary of State. 3544. Off'ice and hooks, papers and records. — He shall have an office at the capitol of the State, where the bonds, papers and records of his office shall be kept, and where he shall give attendance when not absent on official business; and it shall be the privilege of all per- sons interested to have access, at all proper hours, to the books, papers and records of the office. 3545. Clerks and their salaries. — He is authorized to employ four suitable clerks for service in his office; and such clerks shall be allowed salaries as follows: One, fifteen hundred dollars per year ; two, twelve hun- dred dollars per year each; one, five hundred dollars per year, to be paid as the salaries of other department clerks are paid. (As amended.) 3546. Duties of ^nperintendemt of Education. — The duties of Superintendent of Education shall be as fol- lows : 6 1. He shall devote his time to the care a.nd improve- Dient of the common schools, and the promotion of pub- lic education, and shall exercise a general supervision over all the educational interests of the State; and to this end, he shall have power to require from the county superintendents of education, township trustees of pub- lic schools, and all other school officers, all such reports and information relating to the educational fund, or the condition of schools and management thereof, as he may deem important, or as may be prescribed by law; and he may remove from office any such officer for fail- ure to make such report, give such information, or dis- charge any other official duty. 2. He shall annually, as far as practicable, visit every county in the State for the purpose of inspecting the schools and their management, the accounts of county superintendents of education, and other school officers, and for diffusing as widely as possible, by per- .sonal address and personal communication, information us to the importance of public schools and the best method for their management; and he shall encourage and assist at organizing and conducting teachers' and superintendents' institutes. 3. He shall make provision for instructing all pupils in all schools and colleges supported, in whole or in part by public money, or under State control, in hy- giene and physiology, with special reference to the ef- fects of alcoholic drinks, stimulants and narcotics upon the human system. 4. He shall make provision for instructing all pupils in all schools and colleges supported, in whole or in part, by public money, or under State control, in the constitution of the United States and the constitu- tion of the State of Alabama. 5. He shall annually apportion the public school fund to the various townships and school districts, ac- cording to the entire number of children of school age, nnd shall see to the proper disbursment of the same; and to this end, he shaill keep an accurate account with all officers who may be custodians or disbursers of the school fund, or any part thereof. 6. He shall prepare all forms, and have printed and distributed all such blanks as may be necessai'y, or as may be required by law, in the administration of the public school system. 7. He shall furnish the county superintendents and other school officers all necessary books for keeping their accounts and records, to be and remain public property; and he shall prescribe a uniform system of keeping- such accounts and records. 8. He shall take receipts for all such books so fur- nished by him to school officers, and such officers shall take good care thereof, and turn them OA^er to their suc- cessors in o If ice. 9. He shall keep a debtor and creditor account with each township, or other sch.ool district, in the State, of all funds accruing thereto for educational purposes. 10. He shall keep an accurate account of the capital of all sixteenth-section or other trust funds, to whicli each township or school district may be entitled, show- ing whence and wlien such funds were derived. 11. He shall preseiwe in his office all bonds of school officers and others required to be filled therein. 12. He shall cause suits to be instituted and prose- cuted against all defaulters to the educational fund, and for this purpose may employ attorneys; but he shall not have power to contract or pay such attorneys out of the educational fund more than ten percentum of the amount recovered by them in such suits; and out of such funds he may pay such lawful costs as may be taxed against him as superintendent of education in case he is cast in an.y such suit. 13. He shall require and supervise the collection of all poll-taxes. 14. He shall, by correspondence, exchange of offi- cial reports, and other proper means, elicit information relative to the system of public education in other States and countries, and disseminate all useful knowledge re- garding the same among the county superintendents and otlier school officers in the State. 15. He shall collect in his office such school-books, apparatus, maps, . charts and specimpus of improved 8 school furniture as cau be obtained without expense to the State. 16. He shall prepare and have printed, in pamphlet form by the public printer, all laws, rules and regula- tions pertaining to the public school system of the State, including therein the constitution of the United States, and the constitution of the State of Alabama, and cause the same to be distributed among the county superin- tendents of education, and other officers connected with the school system, for the information of those inter- ested in the educational interests of the State. 17. He shall hold or cause to be held, mthin each congressional district, one or more teachers' institutes, to be conducted by a teacher experienced in and famil- iar with the most improved methods of instruction, for a term of one week or more during the summer months or each year; and for such purpose may, from time to time, certify to the auditor the amount, not exceeding five hundred dollars in any one year, necessary to de- fray the expenses of employing teachers to conduct such institutes and instruct the teachers who attend them, and upon such certificate it shall be the duty of the au- ditor to draw his warrant upon the treasurer for such sum or sums in favor the superintendent of education as may remain unapportioned in the treasury at the time but the sum so expended in any one year shall not ex- ceed the amount apportioned and paid for such purposes by the trustees of the Peabody Educational Fund in any (me year. And such sums must be disbursed so as to secure the greatest good to the largest number of teach- ers in the common schools, and it shall be the duty of the superintendent of education to take vouchers there- for to be kept on file in his office, and to make an item- ized statement in his biennial report, as to how and to whom said money has been disbursed. 18. He shall perform such other duties as are, or may be, prescribed by law. 3547. Reports to governor; contents. — He shall also, biennially, on or before the tenth day of October, re- port to the Governor in writing — 1. A brief history of bis labors. 2. An abstract of the reports received by him from the county superintendents of education, exhibiting the condition of the public schools. 3. Estimates and accounts of expenditures of school money. 4. An itemized statement showing how the contin- gent fund of his department, and all other special funds or appropriations under his control have been disposed of. 5. Such recommendations as he may desire to make for the improvement of the school system, and the care and increase of the educational fund. 6. All such other matters relating to his office and to public schools, as he shall deem expedient to com- municate. 3548. Report to he printed and distrihuted. — The governor shall, when such report is laid before him, di- rect the superintendent of education to have printed in the same manner, and upon the same conditions as other printing is done, during the recess of the general assembly, a sufficient number of copies of the report to supply the county superintendents and township trus- tees of public schools, and other school officers, and for the usual exchange with other States, and with the lead- ing cities of the United States ; and it shall be the duty of the superintendent of education to distribute the same as indicated in this section. 3549. Vacancy filled by governor'; term, etc., of ap- pointee. — If the office of superintendent of education should, at any time, become vacant, by death, resigna- tion, or otherwise, the governor shall appoint a suit- able person to fill such office for the unexpired term; and such appointee shall give bond and qualify in the same manner as if he had been elected for a full term. 10 Article IV. COUNTY SUPERINTENDENTS. 3550. One elected for each county. — Unless by spe- cial act it is otherwise provided, a county superintend- ent for each county is elected at each general election, as provided in this Code. 3551*. Term of of ice; remo'vul. — The term of office of county superintendents who are elected shall com- mence on the first day of October next after their elec- tion, and the term of those appointed shall commence on the first day of October of each odd year; and in either case, shall be for two years and until their suc- cessors shall qualify; but the superintendent of educa- tion may, at any time, for good cause shown, remove from office any county superintendent of education, whether elected or appointed. 3552. Oath of office and bond. — Every county super- intendent of education, before entering upon the duties of his office, must take the oath of office prescribed by the constitution, and give bond in an amount to be fixed by the superintendent of education, but in no case to be less than double the probable amount of money that may be in his hands at any one time, with good and sufficient sureties, and payable and conditioned as offi- cial bonds of other public officers. 3553. A pproral ai:d record of hond. — Such bond must be approved by, and, with the oath of office, niiisL be filed and recorded in the office of the judge of probate of the county; and a certified copy of the bond iuusf also be filed in the office of the superintendent of ed neat 'on for his approval. [Failure to file copy with superintendent of education nO' defense tO' county superintendent of his sureties^ in an action for his default.— Reed v. Summers, 79 Ala. 522.] *Term four years. General Acts 1903, Sec. 27, page 450. 11 3554. New or additional hand; effect of notice to (jive. — The superintendent of education shall require of any county superintendent of education a new or addi- tional bond, in the same, or a ditferent amount, as that of the original bond, whenever he shall tind it necessary for the protection of the educational fund of the county ; and no county superintendent of education, after receiv- ing notice to give such new or additional bond, shall continue in the discharge of the duties of his office until such new or additional bond is given. 3555. Compensation. — Each county superintendent of education shall receive for his services four per cent- um on the amount of all the educational fund legally disbursed by him, but such percentum must not be taken and used by him until after the disbursements have been made, and the credits allowed by the superintendent of education. 3556. His duties. — The duties of each county super- intendent of education shall be as follows: 1. He shall have an office at the county site of his county, where he must, on the first Saturday of each month, from the beginning of the scholastic year until the close of the public schools for that year, be present to transact business with the officers and teachers of public schools. 2. He must receive and take charge of any money, funds, property, or proceeds of an 3^ character, raised iu his county by county taxation, or which may accrue to him or to the county from any gift, grant, bequest, devise, endowment, or otherwise, to be issued in aid of, or in connection with money apportioned to his county from the educational fund, and shall faithfully keep the same separate and apart from any other funds or prop- erty whatsoever; and he shall apportion, distribute and pay out all money raised in accordance with this sub- division; but all money, raised by local taxation in any school district or incorporated city or town, shall be expended for the benefit of the district, city or town in which the money is raised, and by such persons, and in 12 such manner as are authorized by the laws of force for the control and government of public schools in such district, city or town. 3. He shall examine into the condition of all school funds of his county, including the sixteenth section fund and sixteenth section lands unsold in his county; and he is authorized and required in the name of the State for the use of the township, to bring all necessary suits for the recovery of the possession of such lands, or against trespassers thereon. 4. He shall, as soon as he receives the annual ap- portionment of the educational fund of his county, forth- A^ith notify the township trustees of each township of the amount apportioned to each township or separate school district. 5. He shall enter in a book or books, kept for that purpose, the exact amount and date of all moneys re- ceived and paid out by him on account of the educa- tional fund of his county, showing by whom or to whom paid, and for what purpose, and also the amount of the educational fund apportioned to, and distributed in each township for each race; and such books shall be open to the inspection of all persons interested. 6. He shall, on or before the thirtieth day of Sep- tember of each year, forward to the superintendent of education, on blanks to be furnished him by the latter, an annual report of the public schools of his county for the preceding year, which shall set forth (1) the amount of school money received by him from all sources to the end of the year, specifying how much was received from each source; (2) how much has been disbursed by him during such year, for what purpose, and the names of teachers to whom money has been paid, the time they taught, and the total amount paid to each teacher; (3) the amount of funds then in hand for each township or school district in this county; and (4) the manner in which, and the extent to which he has discharged the duties required by law to be performed by him. 7. He shall remove from office any township trustee when the interest of public education demands such re- 13 luoval, and he shall fill all vacancies occasioned by re- moval from office or oflierNvise. 8. He must quarterly, on the first Saturdays in Janu- ary, April, July and Octi^bcr, ol" eacii \'3i\r, oi' as soon thereafter as practicable, pay the teachers of the public schools, upon the certificate of the trustees of the town- ship in which the school was taught; and in counties in which separate districts have been established by spe- cial laws, he shall pay over to the officers, authorized to receive the same their proportionate shares of the school revenues at the time above designated. ( See page 96 of this pamphlet. ) 3557. Forfeiture for failure to make annual reports. If any county superintendent shall wilfully fail to make out and forward to the superintendent of education any annual report required by this article, within ten days after the time it should be made, he shall be liable to a forfeiture of his commissions, to be declared by the sup- erintendent of education and to remoA'^el from office by the superintendent of education. 3558. Books and accounts liable to examination. — The books, accounts and vouchers of the county super- intendent of education may be examined at any time by the superintendent of education in person or by duly au- thorized agent. 3559. Vacancies, hoto filled; term, etc., of appoint- tees. — The superintendent of education shall fill all va- cancies in the office of county superintendent of educa- tion, by appointment; and such appointee shall hold during the unexpired term, and until his successor quali- fies, and shall give bond and qualify as is required of an appointee for a full term. 14 Article V. TOWNSHIP TRUSTEES. (See Eestricting Law, p. 83, beginniug at § 6, this phamphlet. ) 3560. TGicnship trustees appointed; term of office. — Three township trustees for each township, or other school district in each county, who shall be freeholders and householders resident in such township or school district, shall be appointed by the county superintend- ent of education ; and the term of office of all township trustees shall commence on the first day of October of each old year, and continue two years and until their successors shall qualify. 3561. Establishment and supervision of schools. — The township trustees shall have the immediate super- vision of the public schools in their toAvnship or school district, and shall have power to establish, subject to the approval of the county superintendent of education one or more schools for either race in such township or school district, as the public necessity may require. 3562. Meetings with j^a^ents and guardians; husi- ness transacted. — The trustees in each township shall annually, on the last Monday in October, or within seven days thereafter, call a meeting of the parents and guardians of the children of their township within the educational age, and at such meeting they shall, in con- sultation with such parents and guardians, and with a view to subserve their wishes, interests and convenience', transact the following business : 1. They shall determine the number of schools which shall be established in their township for the current scholastic year, and shall designate the same by num- ber. 2. They shall fix the location of each school, the time of its opening, aiud the length of the session, which shall not be, except as hereinafter provided, less than twelve weeks. 15 3. Tliej shall, when they establish the schools in their township, apportion to each school so established such au amount of the public school revenue apportion- ed to the township for the current scholastic year as they may deem just and equitable for the equal benefit of the children thereof of school age. 4. They shall determine the number and what chil- dren shall l»e transferred from their districts to the schools of other districts, and to what districts transfer- red, during the scholastic year, and shall set apart such an amount of the money apportioned to their district to pay for such transferred children as they may deem just and equitable; and if it should be deemed imprac- ticable to establish in any district a public school for the children of either race, on account of the want of a sufficient number of such race living within a reason- able distance, they shall determine whether any of such children can be transferred conveniently to a public school in another district, and those that cannot be so transferred, and that have actually attended some school in this State for the time during which the public schools were kept open for the current scholastic year, shall be entitled to the benefits of the amounts appor- tioned to their district; and they shall determine the amount to which each of such children shall be entitled, and the samei shall be paid by the county superintendent of education to the parent or guardian of such child, for which a receipt sliall be taken as in case of payments to teachers. 5. In those townships in which less than the requi- site number of children of school age reside, it shall be the duty of the township trustees to arrange for the teaching of such children in such manner as they may deem prcsper and just, subject to the approval of the county superintendent of education, and to pay for the tuition of such children in the manner prescribed by law out of the school funds apportioned to such township. 6. Such other business as may be necessary to carry out the provisions of the law. 3563. Report after meeting. — They shall, within ten days after such meeting, report to the county superin- 16 tendent of education the number and location of the schools, the names of the teachers employed, and the amount of money apportioned to each school. 3564. 'Notice mid duration of meeting; effect of fail- ure to attend. — Such meeting shall be called by posting ten days previousy thereto, written notices of the time and place of meeting, and of the business to be trans- acted thereat, in not less than three public places in the district; and the township trustees shall have power to continue the meeting from day to day until all the business has been transacted, and they may adjourn the same to a future day, not exceeding one week; and if the parents and guard" ans fail to attend such meeting, the township trustees shall, in their absence, proceed to perform the duties required of them. 3565. Appeal to county superintendent. — An appeal may be taken from the decision and action of the town- ship trustees had aiid done at such meeting, to the county superintendent of education, who shall notify the township trustees of the appeal, and shall appoint a day on which to hear and determine the same, and whose decision shall be final. 3566. When hut one school in toumship, hoiv located; change of location. — When but one school is established in a township it shall be so located as to accommodate the largest number of pupils, and to encourage the building of a permanent school liouse as near the center of the township as possible, whenever it can be done without material injury or inconvenience to the children within the educational age; but such location may be changed by the township trustees from year to year,, in order to provide for those who were not in reach of the school in previous years; and in the location of pub- lic schools, township trustees must have reference to the population and) neighborhood, paying due regard to any school house already built, or site procured, as well as to all other circumstances proper to be considered, so as to promote the interest of free public education. 17 3567. To tvhat regard must be had in locating schools and employing teachers. — In locating public schools, and employing teaciiers, township trustees shall have clue regard to such communities as will supplement the district fund, and to such teachers as will procure and teach the greatest number of pupils within the educa- tional age; the object of this section being to encourage the building up and maintaining of large schools, which shall continue the longest term practicable; but in no case shall such communities and citizens, as are unable and . unwilling to supplement the district fund, be de- prived of the benefit of the public schools. 3568. Employing teachers, and opening schools. — The township tj-ustees shall in no case contract \silh teachers, or open schools until they have definitely de- termined the number and location of schools in their district, and the amount of money each school shall re- ceive from the amount apportioned to the district, nor shall they contract for a school of less than three schol- astic months, nor less than ten pupils of school age, if there are more than that number of each race withiu such age, nor more than fifty pupils to each teach ei*. (Amended 1901. See act below. ) 3569. Execution of contracts with teachers, contract for transferred pupils. — All contracts with teachers shall be in writing, and shall specify the amount to Ve paid per month from the district fund, and shall be exe- cuted in duplicate, one of which shall be filed with the county superintendent of education for his approval within ten days after it has been signed; and no such contract shall be valid without his approval; and the township trustees shall also, in like manner, contract with teachers for transferred pupils. 3570. Visits to schools. — The township trustees shall visit the schools in their district at least once during each scholastic year. 18 3571. Removal of teachers; payment of time. — The township trustees may, for any cause sufficient in their jtidgment, terminate the contract of, and remove any teacher; but such teacher shall be allowed pay for Ihe time he taught according to the terms of his contract. 3572. Register of daily attendance. — The township trustees shall require the teachers of public schools to keep a register of the daily attendance of the pupils in the schools taught by them, and to submit such regis- ter* to them for their inspection. 3573. Enumeration of children. — The township trus- tees must, during the month of July, of each odd year, make an enumeration of all the childi'en, white and black, male and female, within the educational age, in their township or district, and report the same in dupli- cate to the county superintendent of education by the first day of August following; and the county superin- tendent of education shall make to the superintendent of education a written report of the several enumera- tions made to him by the townsihip trustees by the fifteenth day of August! of such year. 3574. 'Neio enumeration in certain cases. — If the townsliip trustees in any county or township should fail in any year to make the enumeration provided for in the preceding section, or if the superintendent of educa- tion of the State should have reason to believe that the enumeration made and returned to his office is fraudulent or greatly erroneous in any county or town- ship, and shall determine that it is for the best interest for the public school system that another enumeration be made in any county or township, he shall have power to procure tbe making of a new enumeration of the chil- dren of school age in any county or township, and shall pay the expense of making the same out of the fund first available and apportioned to the county or township in which such new enumeration is made, as the case may be. 3575. Exemption from road and jury duty and poll- tax. — Township trustees are exempted from roaa duty, 19 jury duty and poll tax, so long as tliey shall continue in office and perform the duties thereof; and the ccrtiticate of the county superintendent of education shah he evi- dence of the fact. Article VI. TEACHERS. 3578. Iiistrucfion as to the nature of alcoliolle drinliS and iiarcotics. — Every teacher shall give iui^truction as to the nature of alcoholic drinks and narcotics and their effect upon the human system, and such object shall be taught as regularly as any other in the public schools, and in every grade thereof. 3579. How long certificates are valid. — A thicd-grade certificate shall be valid for two years; a secnnd-grade certificate for four years, and a first-grade cerr.ihcaie for six years, in any county in the State. (As amended.) 3580. Register Jxcpt by teachers and suhmhred. — Ev- ery teacher of a public school must keep a register of the actual daily attendance of the pupils in his f5< Imol, and must submit such register to the township tiush^es for their inspection. 3581. Quarterly report; not entitled to compcnmlion untiV forwarded. — Every teacher of a public schot)! inust, within five days after the end of each scholastic <^uarter, forward to the county superintendent of ediic.itioii, a complete report, setting forth the enrollment, attend- ance, number of transferred pupils, and from v.hat township transferred, the branches taught, and the num- ber of pupils in each, distinguishing between male and female, and stating whether a white or colored school; also the monthly pay from school revenue from the township in which the school is located, and from trans- ferred pupils, stating the township and range from 20 which they are transferred; also the number of days taught, the amount due for services from school reve- nues of the township, the number of visits by township trustees, and the name and postofflce of the teacher ; and such report must be sworn to by the teacher before some one of the township trustees, and approved by them; and no teacher can draw any pay for services rendered by him until he has forwarded his report in accordance with' the requirements of this section. 3582. To be paid quarterly. — The teachers of public schools shall be paid quarterly, on the first Saturdays in January, April, July and October, or as soon there- after as practicable. (See amended Act, p. 96 this pamphlet.) [Schoolmaster stands iu local parentis and may, in a proper case, inflict corporal punishment; but is crim- inally liable for an abuse of his authority. — Boyd v. State, 88 Alabama 169; McCormack v. State, 102 Ala- bama 156.] Article VII. BOARDS OF education; TEACHERS'' INSTITUTES. ( See Redistricting Act, Sec. 10, page 84, this pamphlet. ) 3583. Board of education; how constituted; vacan- cies. — There shall be established in each county of the State a board of education composed of the county sup- erintendent of education, who shall be the president thereof, and of two teachers, either in private or public schools of the county, who shall be appointed by such superitendent at the beginning of each scholastic year, or as soon thereafter as practicable, and who shall hold oflflce during the present scholastic year, and one of whom shall be appointed secretary; and a majority of the board shall be necessary for the transaction of any business. The county superintendent of education shall have power to fill all vacancies that may occur in such board. 21 3581. MceUnys of hoard. — Such board shall meet quarterly' at such times and places as they may desig- nate; but may meet oftener when deemed advisable by them. 3588. Cause for cancellation of license. — Whenever it shall appear tO' the superintendent of education that any teacher to whom a license has been issued has been guilty of intemperance, or of unworthy or disgraceful conduct, his license shall be cancelled, and his name stricken frcmi the registered list of teachers. (Amended.) 3590. Teachers' iiistiHttes to he organized. — It shall be the duty of the board of education in each county to organize and maintain therein teachers' institutes, one for teachers wfio are white persons, and one for teachers who are colored persons, to be held at such times and places as the board may prescribe, but there shall nor be less thau ten licensed teachers in the county of the race for whom such institutes shall be organized. 3591. Officers and memhers of institutes; no fee im- posed icithout consent. — The county smperintendent of education shall be president of such institutes, and the members of the board of education shall be the vice- presidents thereof, one of whom shcJl preside over its meetings in the absence of the president; the other offi- cers thereof may be elected. Every teacher of the county holding a license shall be a member of the institutes or- ganized for his race. But no fee or assessment shall be imposed on a member without his consent. 3592. Meetinc/s of institutes. — There shall not be less than three meetings in each year of such institutes, one of which shall be held in the month of September, and at this meeting an address to the teachers shall be made by some person selected by the educational board ; and teachers holding licenses shall attend at least one of such meetings. 3593. Bu.'^ivess of instifvtes. — The meetings of the institutes shall be devoted mainly to discussions and in- 22 structions in regard to the methods of teaching and disciplining schools, and to the text-books used, and other matters connected with the schools and school laws. Article VIII. DISTKICTS; SCHOOLS; SCHOLASTIC PERIODS. 3594. School districts; establifdiment and superci- sion; capacity to hold property. — Every township, and fraction of a townshijo, whieh is divided by a K^fiite <»r county line, or any ri\cr, creek, mountain, oi' otlier barrier rendering intercourse between the different por- tions of the township difficult, and every incorporated city or town having three thousand inhabitants, or more, shall constitute a separate school district; and each of them shall be under a township superintendent as to all matters connected with public schools. Each town- ship or other school district, in its corporate capacity, may hold real and personal property; and the business of such corporations, in relation to public schools and school lands, shall be managed by the township or dis- trict trustees. (See Acts of Legislature, 1903 j 3595. Pupils entitled tO' instruction in public schools. Every minor over the age of seven years shall be en- titled to admission into, and instruction in any public school of his or her own race or color in this State. 3596. Child may not attend more than one school. No child who has attended a public school the number of days to which it- is entitled as a pupil in that school shall attend another during the same scholastic year, un- less by consent of a majority of the trustees of the town- ship in which such other is situated. 3597. When non-residents entitled to school privi- leges. — Any parent or guardian residing in the State who shall pay a local or special school tax on real estate 23 \ allied at five hundred dollars or more, iu anj^ city, town" ship or separate school district, shall be entitled to the privilges and benefits of the public schools in such city, township or separate school district, for their children, the same as parents and guardians resident therein. 3598. Scholastic periods. — The scholastic year shall begin on the first day of October of each year, and end on th.e thirtieth day of September of the following year; twenty days shall constitute a school mouth, and a school day shall not be less than six hours. 3599. Public CTainiuations, and certificates of ptipiJs. Public examinations must be held in the public schools at least once in every year ; and when the board of edu- cation shall be satisfied that any i)upil has become thor- oughly educated in all the branches of free instruction in any one of such schools, they shall give to him or her a certificate to that effect. 3600. Separate schools for the two races. — In no case shall it be lawful to .unite in one school children of the white and colored races. Article IX. APPORTIONMENT OF SCHOOL FUND; DISBURSEMENT. 3601. Auditor certifies amount of educational fund; superintendent apportions. — On the first day of October of each year, or as soon thereafter as practicable, the auditor shall certify to the superintendent of education the amount of money which has accrued and been placed by him to the credit of the educational fund for the scho- lastic year commencing on that day, stating specifically the amount derived from each source, and any unex- pended balance there may be from the appropriation of the previous year to be carried forward, and the amount so certified shall be apportioned by the superintendent 24 of education, and be drawn and disbursed as provided bylaw. 3602. Contingent expenses and amount for normal scJiooIs set apart; residue apportioned. — As soon as such certificate is receiA^ed by the superintendent of educa- tion, he shall set apart out of the general fund a sufficient amount to pay such expenses of the department of edu- cation as are by law payable out of such fund, and the amount necessary to cover the expenses of normal schools; and he shall then apportion all the balance of such fund as nearly as practicable, among the several townships and school districts in the State, as herein- after provided. 3603. Amounts apportioned certified to auditor; no warrants drawn in excess; halance unapportioned cer- tified to treasurer. — As soon as such amounts have been set apart, and such apportionment has been made, the superintendent of education shall certify to the auditor the amount set apart for each particular purpose or ap- propriation, and the total amount of the apportionment to the several school districts in each county, and the auditor shall see that no warrants are drawn against the educational fund, for any purpose, for any amount in excess of the amounts so certified as set apart and appor-tioned ; and he shall certify to the treasurer the amount of the school revenue, exclusive of poll tax, un- apportioned by the superintendent of education ; and the treasurer shall set apart the amount out of au}^ money re- ceived from the taxes of the current year, and he shall keep the same separate and apart from all the other reve- nues, and shall not pay out any of such money except upon warrants for school purposes. 3604. Interest on sixteenth section or other trust fund first set apart; effect of apportionment. — In mak- ing the apportionment of school money to the several districts, the superintendent of education shall first set apart to each township, or other school district, the amount due from the State thereto as interest on 25 its sixteentl) section tin id or other trust fund held by the State; and all toAvnships or otlier school districts, having an income from such source, or from the lease or sale of sixteenth section lands, shall not receive anything out of the balance of the educational fund to be apportioned, until all other townships or school districts, having no trust fund, shall have received from the general fund such amount as will give them an equal per capita ap- portionment with the townships or districts having such income. 3605. Apportionment; basis of, and hoio made. — The superintendent of education shall apportion the ed- ucational fund to tlie respective townships or school dis- tricas, subject to the pro^dsions of the preceding section, according to the latest official returns of the enumera- tion of school population of the townships of other dis- tricts, whicli have been made to his ofifioe, and accord- ing to the entire number of children of school age in each township or school district, but when the toAmshij^ irustees of any township or district have failed to make and return the census enumeration of their township or district as reciuired by law, and when the superintendent of education lias not caused a new enumeration to be made, the superintendent of education shall make the apportionment to such township or district, according to the best information he can obtain as to the school population of such township or district; but in no event shall he, in case of such failure, estimate the school pop- ulation of any sucli district or township at more than the number shown by the last official report to his office. 3606. A pporf'Kmmcnt recai'ded, and, certified to counti/ sapcriiitendents; irhen contracts for schools in- raJid. — As soon as such apportionment is completed, {\\Q superintendent of education shall have the same re- corded in his office, in books kept for that purpose, show- ing the aiaount which has been apportioned to each school district, and the source or sources from which the same was derived, the amount to each district, and the number of children in the district upon which the 26 apportionment was based; and he shall then furnish to each county superintendent of education a oeTtified copy from such books, showing the dividends of the educa- tional fund to each township or district under the lat- ter's supervision; and the amount so divided and certi- fied shall be the total amount which each of such school district shall be entitled to receive from the State, ex- cept the poll tax, during the current scholastic year; and no contract to pay for any school or schools for any district, more than the amount thus apportioned to it, together with such poll tax as it may receive, and such funds as may be in hand from any previous year, shall be valid against the State or township. 3607. Poll taw received by each cotmty. — Each coun- ty shall receive as school money all the poll tax collected therein ; and the same shall be its full distributive share of the aggregate poll tax collected in the State. 3608. Each township and race entitled to its poll-taw. Each township or otiier school district is entitled to re- ceive, for the support of thie public schools therein, all the poll-tax raised in and for such township or district ; and the county superintendent of education of each county and township trustees of each township shall see that the amount of poll-tax paid by white persons shall be applied exclusively to the maintenance of schools for white pupils, and that paid' by colored persons exclu- sively for the maintenance of schools for colored pu- pils. 3609. Amount due each county apportioned and cer- tified to auditor. — The superintendent of education shall by thei tenth day of October in each year, or as soon thereafter as practicable, apportion to every county the amount of school money such county will be entitled to receive for the scholastic year from all sources except such special tax, if any, levied for school purposes in anj^ county; and he shall certify the same to the auditor. 3610. County superintendents shall make pay-rolls. On the fifteenth days of March, June, September and 27 December of each year, the county superintendents of education shall make in duplicate, for each race sepa- rately,, a pay roll, showing the names of all teachers engaged in teaching public schools in their counties, Vs^ith their postoffioe address, and the estimated amount that will be due to each teacher at the end of the current quar- ter from the funds of each township and range in its regular numerical order; and shall append thereto aii affidavit that the same is correct. One of such dupli- cate pay-rolls shall be retained by the county superin- tendent, and the other he shall forthwith forward to the superintendent of education, who shall examine the same, and if found correct, it shall be approved by him and filed with the auditor, ( See page 96 this pamphlet. ) 3(111. AiKlitor shall draw warrant in favor of count!/ i>uperintenclcnt. — The auditor shall, immediately upoa the receipt of such pay-roll, draw a warrant on the State treasurer in favor of the county superintendent of each county for a sum which will be equivalent to the amount estimated to be ay the teachers, taking their receipt therefor on both copies of said pay-roll, and must by the fifteenth day of Janujiry, April, July and October, return one copy of such receipted pay-roll to the superintendent of edu- cation. 28 3613. Auditor must prepare blanks. — The auditor must prepare the necessary blank pay-rolls, receipts and warrants to be used in carrying out the provisions of this article. 3614. Where teachers are paid monthly. — In those counties and separate school districts where teachers are required by law to be paid monthly, it shall be the duty of the county superintendent, or the superintendent of the separate school district, as the case may be, to make out and forward to the superintendent of education on the twentieth day of every month, a pay-roll as provided in this article, and the superintendent of education, the auditor and the treasurer shall each, severally, perform all the acts and duties required of them in this article as in other cases. 3615. Balance in hands of county superintendent charged to him. — Upon the return of the receipted pay- roll to the superintendent of education, if it should ap- pear that there is a balance in the hands of the county superintendent, the amount of such balance shall be charged tO' him and shall be deducted from the auKjunt of the next quarterly or monthly pay-roll. 3616. County superintendent failing must he re- moved. — Any county superintendent, or superintendent of any separate school district, who fails to make and return any pay-roll required by this article, or who fails to sign and return the receipts herein provided for, or Avho fails to pay the teachers within fifteen days after the receipt by him of the money, or who fails to return the receipted pay-roll, must be removed from offlce by the superintendent of education. 3617. Apportionment and expenditure of local school money. — All local school funds, raised for the support of public schools, by taxation or otherwise, shall be appor- tioned and expended in the district or districts in and for which the same were raised, under such rules and regu- lations as the township trustees, or other local authority 29 provided by \a^\v, may prescribe; but this section shall not be construed to repeal any proAdsion for the appor- lioument and disbursement of the moneys mentioned iu l]iis chapter, or provided for in special or local laws; and all funds contri])uted by private parties, or other- wise, to such district shall be applied as indicated in the j^rant from such contributors; and no school moneys, distributed to the various counties from the State school revenue shall, either directly or indirectly, be paid for the erection of school houses, for the use of schoolroom furniture, or any other contingent expenses of schools. 3618. Apportionment of income from trust fund tohen township divided. — Whenever a township, which has income from a trust fund, is divided by a State or count;v line, or otlierwise, into separate districts, or in- cludes a city which is a separate school district, such in- come must be divided between, and apportioned to eacii school district in such township according to the school population of each. 3619. Funds unused for tioo years apportioned hy county superintendent. — The county superintendent of education shall, in the same manner as the superintend- ent of education is required to apportion the general school fund, apportion among the school districts under his supervision all funds received by him for any partic- ular school district or race which have remained unused by such district or race for two years; and he shall make a report of such apportionment to the superintendent of education as soon thereafter as practicable. 3620. Fund once apportioned, not used for other pur- poses until reapportioned. — Funds which have accrued and have been api)ortioTied to any district or race, shall not bo used for the benefit of any other district or race, until the same shalljiave reverted to the general fund, and been reapportioned under the provisions of the last preceding section. 3621. What part of income netv districts are entitled to. — Whenever any separate school district is created, 30 wliicli shall embrace parts of two or more townships, such district shall receive its proportionate share of the income from any trust fund belonging to either or both of such townships, according to its school population. . 3622. Contingent fund for department of education. The State treasurer shall annually set apart, out of any money in the treasury not otherwise appropriated, the sum of one thousand dollars, as a contingent fund for the department of education; and whenever it shall be- come necessary to draw on such fund, the superintend- ent of education shall certify the amount necessary, and for what purpose, to the auditor, who shall draw his war- rant on the treasurer for such amount. The superin- tendent of education shall keep an accurate account of all sums which he shall certify to be paid out of sucli contingent fund, and shall furnish an itemized statement thereof to the Governor each year, with his annual re- port. 3623. Unexpended part of such fund credited to newt year. — At the close of each scholastic year, any part of the appropriation for the educational contingent fund, which may not be then expended, shall be carried for- ward by the auditor and superintendent of education, and placed to the credit of, and become a part of the one thousand dollars appropriated for the educational con- tingent fund of the next succeeding year. Article X. TOWNSHIP CORPORATIONS. 3624. Incorporation of toum ships. — The inhabitants of each township in the State are incorporated by the name of "Township , in range ," according to the number of survevs of the United States. 31 Article 11. SCHOOL lands; lease and sale. 3625. What are school lands, and in irhom vested. — School lands, within the meaning of this code, are siec- tions numbered sixteen, in every township, granted by the United States for the use of schools in the township, and such other lands as may have been granted to any township for the use of schools ; and all school lands are vested in the State, in trust to execute the objects of the grant. 3626. Tiinher lots reserved. — The township trustees, after the surveys and plats provided for in this article, may select such lots as they may think proper, to reserve from cultivation for the benefit of the timber thereon, and must mark the same "resen-ed'' on the plat thereof. 3627. Other lands leased ; terms of lease. — The town- ship trustees may lease for not exceeding five years, the lots so laid out and not reserved, and may stipulate for such improvements as they may deem expedient, and may require, if they think proper, security for rents and improvements, the rent is to be paid annually, but in case of improvements, they may stipulate for the rent to commence after the commencement of the lease. 3628. Rent payable to the toimiship. — All notes, bonds and contracts for the lease of school lands are to be made payable to the township by its corporate name. 3629. Lands rented at public auction : notice. — All school lands must be leased, at some place in the town- ship at public auction; and at least six weeks' previous notice must be given by advertisement at three public places in the township, designating the time and place; and such other notice may be given as the township trus- tees may deem expedient. 3630. Duties of lessee.— The lessee is bound to treat the land, houses and improvements in a careful and hus- 3i5 bandmanlike manner; to commit no waste; and he must compl}^ with such further restrictions as the township trustees mmj deem expedient to insert in the lease ; and if such lessee, or any person claiming under him, com- mits waste, or fails to pay the rent, or to comply with any other stipulation in the lease, the township trustees have the right to declare the lease forfeited. 3631. Timher lots; hoto ascd. — The lots reserved for timber are for the common benefit of the lessees of the other lots; but no timber must be cut down, injured or destroyed, as long as there is sufficient on the other lots, which the township trustees ai'e to determine; and the lessees must, in no case, cut down, injure or destroy such timber without permission from the township trustees., which may be given on such terms as they may think proper, having due regard for the interest of the town- ship. 3632. Penalty for injuries to timber. — Any person who, without authority, cuts down, injures, or destroys, any tree on school lauds, shall forfeit and pay for every such tree ten dollars, to be recovered before any court having jurisdiction, in the corporate name of the town- ship. 3633. Fines paid into the treasury for school fund. All flues and forfeitures under the preceding section shall be paid into the State treasury, and added to the principal of the school fund of the township. 3634. Report of income from school lands. — When any part of the sixteenth section or other school lands in any township has been rented or leased, it shall be the duty of the township trustees to report at once to the county superintendent in writing a description of the lands, to whom rented or leased, the time when due and how the payment is secured. It shall be the duty of the county superintendent, as soou as this report is received by him, to file the same in his office, and to report to the supeirintendent of education all the facts contained in the 33 report of the township trustees. It shall be the duty of the township trustees when money is paid to them on such rentings or leases to report at once the amount, and on what account paid, to the county superintendent, whose duty it shall be to report the same to the superin- tendent of education, being careful to give the unmber of the township and range and for what year the rental or lease money was paid. 3635. Election as to sale of school lands. — The town- ship trustees of any township may, on giving twenty days' notice by advertisement in three of the most public places therein, hold an election to ascertain the sense of the township respecting the sale of school lands belong- ing thereto, and may appoint the plaice where such elec- tion is to be held; and three inspectors to manage the same. [Tankersly v. State Bank, 6 Ala. 277.] 3636. Oath of inspectors of election. — The inspectors, before holding such election, must take an oath to con- duct the same fairly, which may be administered by one to the other ; and they must appoint clerks. 3637. Absence of inspectors. — If any inspectors are absent, those present may supply their places, and if none attend, any three freeholders or householders of the township may act. 3638. Polls. — The polls are to be opened at eleven in the morning and closed at five in the afternoon. 3639. Manner of voting. — Voters may prepare their own ballots, notwithstanding any general la.w to the con- trary, and must write thereon, ''Sale," or "No Sale," and deposit them in the ballot box; and the inspectors, after ascertaining the result, must certify the same to the township trustees, who must declare the result. 3640. If majority for sale, surrey made, and mini- mum price fixed. — If, on such election, a. majority of the 2 34 legally qualified voters of the township, voting thereat, are in favor of a sale, the township trustees must have the lands surveyed and divided into lots so as to com- mand the highest price, have a plat of such survey made, and, being sworn to fairly value such lots, fix a minimum price upon each, 3641. Plat to he kept open to inspection. — Such plat, Avith the minimum price marked upon each lot, is to be kept by the township trustees open to the inspection of all persons desiring to examine the same. 3642. 'Notice of sale. — As soon as the lands are sur- veyed, the township trustees must give thirty days' ^no- tice of the time and place of sale by advertisement at three public places in the township and in such other mode as they may think proper. 3643. Sale at piiblic auction; terms of sale. — On the day appointed for the sale, between the hours of eleven in the morning and two in the aftrnoon, each lot must be offered separately, and sold at public auction to the highest bidder at or above the minimum price. If such minimum price is fifty dollars, or under, the sale must be for cash ; if the minimum price is over fifty dollars, but not more than one hundred and fifty dollars, the sale must be on a credit of one year, unless the amount bid for the lands should exceed one hundred and fifty dol- lars, in which event the sale must be on a credit of one and two years, in equal annual installments; if the min- imum price or the amount bid for the lands, is one hun- dred and fifty dollars, or over, but less than three hun- dred dollars, the same must be on a credit of one and two years, in equal annual installments; if the minimum price, or the amount bid for the lands is over three hun- dred dollars, but! less than five hundred dollars, the sale must be on a credit of one, two, and three years, in equal annual installments; and if the minimum price, or the amount bid for the lands, is five hundred dollars, or more the sale must be on a, credit of one, two, three and four years, in equal anual installments; when the sale is on oO . a credit the purchaser must give his notes, with two or more sureties, approved by the township trustees, pay- able to the State of Alabama, for the use of the township, designating it by its number and range, and specifying by the legal subdivisions, the particular portion or por- tions of the section for which the notes are given. All notes for purchase of school lands, sold under the pro- visions of this article, must bear interest at the rate of eight per cent, per annum from date. 3644. Provisions directory. — The provision of this article in relation to the sale of school lands, must be coi stinied as directory only. 3645. Report of sale, disposition of purchase money and notes. — The township trustees, within twenty days after such sale, must make return thereof to the superin- tendent of education, specifying the date of the sale, the names of the purchasers, the quantity and a particular description of the land sold to each, the price paid, or to be paid, by each purchaser, and the amount of the pur- chase money retained to defray tlie expenses of the sur- vey and sale ; and they must, at the same time, pay over to the superintendent of education all the money which may have been received by them as purchase money for such lands, after deducting such amount as they may be allowed by law to retain to defray the expenses of the survey and sale ; and also, at the same time, turn over to the superintendent of education all notes which may have been taken by them for such lands ; and the superin- tendent of education must give them a receipt for such money and notes, and file the return and notes in his office and make proper record of the notes. 3646. Resale of lands.— If any purchaser fails to make the payment, or to give notes with approved sureties, as required, the land bid off to him must be immediatelv resold, if practicable, but if it is not prac- ticable to make the resale at once, it must be advertised and resold at a future day, as if no sale had been made; and the first purchaser shall be responsible for the differ- 36 ence between his bid and the amount for which the land, is subsequently sold, if such amount is less than the bid of such first purchaser. 3647. Certificate of purchase. — The township trus- tees on receiying from the purchaser the cash payment, and his notes for the deferred payments, must give to him a certificate of purchase, describing the land purchased, and showing the number of acres, and; the amount of the purchase money. 3648. Effects of certificate of purchase. — Such certi- ficate conveys to the purchaser, his heirs, or assigns, a conditional estate in fee, to becomei absolute on the pay- ment of the purchase money and interest, and to revert to the State for the uses originally granted in the follow- ing cases: 1. "^Vhen all the notes have become due, and the makers have left the State, or died insolvent. 2. Wheu a recovery on such notes is defeated by any defense avoiding the contract of sale. 3. When a recovery is had against all the makers, and execution has been returned "no property" by the proper officers of the county in which the township lies ; or when judgment is had, and execution returned against any one or more or such makers "no property," and the others have left the State, or died insolvent, 3649. Revesting of title; clerk to certify facts; pen- alty for failure; costs. — No prooeeding is necessary to revest the title in the State on the happening of the events specified in the preceding section, but such lands may be recovered in the name of the State, for the use of the township, against any person in poissession of the same, upon proof of the facts; and it is the duty of the clerk of tine court in which the suit was pending, or the judgment recovered, to certify the facts to the superin- tendent of education, on the happening of the events specified in the second and third subdivisions of the pre- ceding section, and falling to do so mthin a reaisonable time he forfeits the sum of one hundred dollars; one- half to the person suing for the same, and the other to the State for the use of he township. When no money is recovered in suits on notes for the purchase money of school lands no cost must be taxed against the township for such suits. 3650. Compensation to toicn.ship trustees; penalty for certain defaults. — For holding- the election and mak- ing the sale ais provided in this article, the township trustees shall be entitled to two dollars each, which, to- gether with the amount which may be allowed by law to the county surveyor for making the surveys and plats herein provided for, shall be retained by them out of the purchase money for the lauds; and purchasers shall, in all cases, pay enough cash to defray such expenses; and if the township trustees fail to return the sale, or pur- chase money notes, or to pay over the money received on account of purchase money, to the superintendent of ed- ucation, as re(iuired by law, he shall forfeit one hundred dollars, one-half to the person suing for the same, and the other to the State for the use of the township; and on the trial, the certificate of the superintendent as to such failure is presumptive evidence thereof. 3651. Fines go to school fund.— The amount received by the State upon recoveries, had under the last two pre- ceding sections, is to be added to the principal of the school fund of the township. 3652. Patent. — A patent issues, on the payment of the purchase money, to the purchaser, his heirs, or as- signs, and when the patent is to the heirs, it vests a title in all persons entitled to claim in that capacity under the provisions of this code. 3653. Issue of patent hy Secretary of ^tate; correc- tion or mistake. — The Secretary of State must issue pat- ents, upon satisfactory evidence furnished him of full payment of purchase money, to any person, agent or officer, legally authorized to receive such payment ; and upon proof of a mistake in the issue of any patent, he 38 must correct the same, or issue a new patent on the re- turn of the original to his office. 3654. Issue of patents in other cases. — Except under the provisions of the preceding section, no patent must issue without the certificate of the superintendent of ed- ucation that the whole amount of the purchase money specified in the certificate, Avith all interest thereon, has been paid. 3655. Collection of past-due notes. — All notes for school lands deposited with the superintendent of edu- cation, if not paid within six months after maturity, must be placed with the attorney-general for collection ; but this section shall not be so constructed as to prevent the superintendent of education from ordering suit on notes at any time after maturity, when so ordered by the township trustees, or the sureties on the notes. 3656. Appointment of agents for collection of notes. The attorney-general may appoint agents for the collec- tion of such notes, beng responsible for any neglect on the part of such agents. 3657. Township credited with collection on notes. All collections on notes given for the sale of school lands must be paid intO' the treasury of the State, to the credit of the proper township. 3658. Proceeds of school lands covered into the treas- ury; faith and credit of the State pledged for payment of interest. — All funds now in the State treasury derived from the sale of sixteenth section or other school lands, or which may hereafter accrue from: sales of such lands, together with the redemption money of other lands in which former accumulations have been invested under an act approved March 1, 1881, entitled "An act to au- thorize the compromise and settlement of claims for school lands in this State," are covered into the State treasury and made available for general purposes; and the faith and credit of the State is pledged for the pay- 39 ment of the interest ou such fund to the public schools of the State, at the rate of six per cent, per annum. 3C59. Bonds when lands about to he sold are leased. When anj township trustees are about to sell or lease any school lands, they must give bond with sufficient sureties, payable to the State, in a sum to be fixed by the county superintendent of education, equal to the value of the school lands or the amount of tlie school funds of their townsliip, and with condition to discharge their duties faithfully so long as they may continue in office or discharge the duties thereof, which bond must be approved by the county superintendent of education and by him filed in his office. 3660. By whom duties as to lands perform wJien toicnship divided. — When a township is divided into two or more school districts the county superintendent of ed- ucation, in appointing township trustees in such town- ship, shall designate which of them shall discharge the duties and exercise the powers conferred upon township trustees touching the leasing, selling and control of school lauds in each school district. Article XII. LEASE AND SALE OF SCHOOL INDEMNITY LANDS. 3()61. aSV/7p of school indemnity lands authorized. — The superintendent of education is authorized and em- powered to sell and dispose of all the lands whcli have been heretofore or may hereafter be certified by the State for the use and benefit of the several townships in which there was a deficiency in the amount of land originally certified in thet State for their benefit, subject to the ap- proval of the Governor. 3662. Proceeds of sale; hoio disposed of. — The pro- ceeds arising from such sales, after the payment of all proper costs and expenses thereof, shall be, by the super- 40 intendent of education paid into the State treasury to the credit of the township to wliich the same may belong, in tlie proportion of their interest therein. 3663. Notes taken hi/ superintendent of education held until paid; tvhen placed tvith the attorney-general. All notes taken by the superintendent of education for the purchase of such lands must be held by him until the same are due, and if not then paid, may be placed with thei attorney-general for collection. 3664. Manner and terms of sale. — Such sales may be made from time to time, at public or private sale, as in the judgment of the superintendent of education shall best promote the interest of the school fund of the State, and shall be for cash, or part cash and part on timie, as the superintendent of education and the governor may deem best; but in no case shall there be less than one- fourth of the purchase money paid in cash, and the re- mainder shall be payable in yearly installments to ex- tend over a. period of not more than three years, and shall be secured by notes wth sureties to be approved by the superintendent of education and shall bear interest from the date of the sale. 3665. Lease of school indemnity lands. — The super- intendent of education may, mth the approval of the Governor, lease out any of such lands for a term not ex- ceeding live years, or may enter into contracts permitting persons to mine ore, coal or other minerals therefrom, upon a royalty, for a term not exceeding twenty years; and the net proceeds of all moneys received from the lease' of such lands, or as a. royalty for the minerals mined therefrom, shall at the end of each fiscal year be paid into the State treasury to the credit of the town- ships to which such lands belong, in the proportion of their interest therein. 3666. Provisions applicable. — The provisions of the preceding article relating to trespasses upon school land 41 resale, certificate of purchase, revesting title, patent, and the collection and application of proceeds of sales, apply to sales under this article so far as applicable. LAWS NOT IN CODE OF 1896. An Act To establish a uniform system for the examination and liciensing- of teachers of public schools. Approved February 10, 1899 ; amended February 8, 1901. Section 1. — Be it enacted hij the General Assembly of Alabama, That there shall be constituted a, State Board of Examiners, to be composed of the Superintendent of Education, who shall be President of the Board, and two other persons to be appointed by him, who shall be teach- ers of extensive experience and recognized ability. The term of office of said board shall be co-equal with that of the superintendent of education. Sec. 2. {As Amended) . — Be it further enacted, That the said State Board of Examiners shall meet during the months of November and May of each year, and shall prepai'e questions for the examination of teachers . Sec. 3. (As amended). — Be it further enacted, That the President of the State Board of Examiners shall cause lists of the questions so prepared to be printed, and shall on or before the 1 5th day of December and June of each year send to each person appointed to conduct ex- aminations in the counties of the State a sufficient num- ber of the lists of questions so prepared and printed for the conducting of the examinations in their respective counties as hereinafter provided; that the questions so sent shall be enclosed in a sealed envelope, on the back of which shall be plainly written or printed the words, "Questions for the examination of teachers." The seal of said envelope shall not be proken except as herein- after provided. Sec. 4. (As amended). — Be it further enacted, That the first Mondays in January .and July be appointed for 42 the examination of teachers. The examination may be continued from day to day for three consecutive days, if such continuance shall be necessary for the completion of the work of examination, but no examination shall be begun on any other day than the first day mentioned in this section. No examinationj shall be held at any other time. Provided, that the State Board of Examiners may hold, at the Department of Education in Montgomery, special examinations for the benefit of persons who are prevented from taking the regular examinations by sick- ness, absence from the State, or other unavoidable cause. Each person taking a special examination shall pay the State Board of Examiners a fee of five dollars. Special examination shall be^ equal in all respects to the regular examination. Provided, further, that in order to accom- modate normal school pupils who- are required by this act to take State examination, the State Board of Exami- ners may hold at such times and places as they may, deem advisable an examination for these pupils, and at such examination the regular fees shall be paid by applicants, and no person not a bona fide matriculate of a normaJ school shall be admitted to the examination. Sec. 5. (As amended). — Be it further enacted^ That the regular examination shall be conducted in each county by the county superintendent of education of the same, unless for good and substantial reasons the said State Board of Examiners shall deem it best to select for this service another person appointed for that purpose by the State Board of Examiners, and if he shall be una- ble, by reason of sickness, or other unavoidable necessity to conduct the same, then by some other competent per- son appointed for that purpose by him. Said examina- tion shall begin at 10 o'clock a. m., of the day appointed by Section 4 of this act at which hour the person ap- pointed to conduct the examination shall, in the pres- ence of the applicants for the examination, break the seal of the envelope containing the lists of questions, and shall distribute the questions among the applicants. All the applicants shall undergo the examination in the same room, or in sight of the person appointed to con- duct the examination. Provided, that the provisions of 43 this act referring to the special examination of normal school students shall apply only to those who had grad- uated prior to the passage of this act. Sec. 6. (As amended), — Be it further enacted, That each applicant for examination shall, before entering upon the examination, deposit with the person appoint- ed to conduct the examination an examination fee as follows. All ajjplicant for a third grade certificate, a fee of one dollar; an applicant for a second grade certificate, a fee of one and a half dollars; and applicant for a first grade certificate, a fee of two dollars; an applicant for a life certificate, a fee of three dollars. The fees received from the examination of teachers at regular examina- tions shall be paid into the State treasury to the credit of the educational fund, and the State auditor shall, on the requisition of the superintendent of education, issue warrants on the State treasurer to be paid out of the ed- ucational fund, for the purpose of carrying out the pro- visions of this act, such as the payment of expenses for postage, for expressage, for clerk hire, for State Board of Examiners only; for the per diem of the State Board of Examiners, for paying county conductors and for other incidental expenses incurred in carrying out the provis- ions of this act. The appointed members of the State Board shall receive five dollars per day, including Sun- dsiys, for the time they are engaged in conducting the examination of teachers under this act. The county su- perintendent or person appointed to conduct the examin- ation in each county shall receive ten dollars for his ser- vices in conducting each examination. Provided, that as the available educational fund was apportigned Octo- ber 1, 1900, an amount equal to the balance after deduct- ing the expenses received from the examination fees, since March 1, 1899, shall be immediately available from the educational fund for the purpose of paying the ex- penses provided for in this act. Sec. 7. Be it further enacted, That teachers on ex- amination shall not be permitted to sit near enough to each other to read each other's papers, and no teacher on examination shall receive any assistance from any person, or by reference to any book, map, chart or from 44 any source, and nO' person shall be licensed to teach who shall endeavor to procure any assistance. And each teacher so examined shall, upon the completion of his ex- amination, sign a statement that he has not received any assistance in said examination from any source; which statement shall be kept on file by the county superin- tendent of education. Sec. 8. (As amended). — Be it further enacted. That unless the applicant is known to the person appointed to conduct the examination to be of good moral character, or shall make satisfactory proof of the same, which proof shall be in writing, he shall not be admitted to the ex- amination. Any one who habitually uses profane lan- guage or intoxicants shall be deemed of immoral char- acter. Sec. 9. (As amended). — Be it further enacted, That there shall be grades of teachers' certificates, besides the life certificate hereinafter provided, to be known as cer- tificates of the first, second and third grades, each of which must show the branches in which the holder has been examined, his relative attainments therein and his general average. In no case shall an applicant for a cer- tificate receive the same who fails to answer fifty per cent, of the questions propounded in any branch and whose general average is below seventy-five per cent. Every teacher in the public school must obtain a certifi- cate prior to his employment. Sec. 10. — Be it further enacted. That applicants for third grade certificates shall be examined in the follow- ing branches:* Orthography, reading, penmanship, grammar, practical arithmietic through fractions, prima- ry geography, and the elementary principles of physiolo- gy and hygiene [See page 78 of this pamphlet] ; and ap- plicants for second grade certificates shall be examined in all the foregoing branches, and also in practical arith- metic, ' history of Alabama, history of the United States, English grammar and composition, and in- termediate geography; and applicants for first grade certificates shall be: examined in all the fore- going branches and also in algebra, natural philosophy, geometry, the school laws of Alabama, and theory and practice of teaching. Agriculture was added to the third grade branches Oct. 10, 1903. (See page 78 this pamphlet.) 45 Sec. 11. — Be it further enacted, That in all examina- tions nnder this act the answers shall be written on legal cap paper with pen and ink. The subject or branch shall be plainly written on the top of the page, and the ansA^'ers shall be numbered to correspond with the ques- tions. Sec. 12. (As amended). — Be At further enacted, That when an applicant shall have completed his examination he shall write his name and address on each paper of the same, and deliver the same to the person appointed to conduct the examination, who shall enclose the papers of each applicant in a separate envelope, together with his certificate of good moral character of the applicant or the written proof of he same, on which he admitted the applicant to examination, and shall transmit the same to the Secretary of the State Board of Examiners with- out delay. Sec. 13.— i?e H further enacted. That the State Board of Examiners shall examine the papers coming to it un- der the provisions of the preceding section, ais expedi- tiously as possible, and shall mark upon each paper the teachers' grade in that branch according to the correct- ness or approximate correctness of the answers, and if, upon such examination, it appears that the applicant is entitled to receive a certificate, the Secretary of the Board shall prepare a certificate in conformity Avith Sec- tion 9 of this act. Said certificate shall be signed by the Secretary of the State Board of Examiners and the Su- perintendent of Education and shall be transmitted to the teachei'' entitled to the same. Sec. 14. (As amended). — Be it further enacted, That all examination papers shall be kept on file in the office of the Superintendent of Education subject to public in- spection for six months. That any person who purloins, steals, buys, receives, sells, gives or offers to buy, give or sell any examination questions or copies thereof before the date of the examination for which they had been pre- pared, shall be guilty of a misdemeanor, and upon con- viction thereof, shall be fined not less than one hundred dollars, and may also be sentenced to hard labor for the county for not less than six months. 46 Sec. 15. — Be it further enacted. That certificates granted under the provisions of this act shall entitle their holder to teach in the public schools of any county in this State for the following periods of time : A third grade certificate, two years; a second grade certificate, four years; and a first grade certificate six years from the date of issuance of the same. Sec. 16. (As amended). — Be it further enacted, That no teacher shall be granted a second grade certificate more tham twice. Sec. 17. — Be it further enacted, That lohenever any teacher applying for a certificate shall make proof that he has been engaged for ten years in teaching under first grade •certificates, which proof the county superintend- ent of education shall transmit to the State Board of Ex- aminers, and shall show a high degree of proficiency and professional attainment, such teacher may be granted a life certificate, signed as prescribed for other certifi- cates ; Provided, that any teacher holding a, life certifi- cate shall forfeit the same by leaving off the business of teaching for five consecutive years. Sec. 18. — Be it further enacted. That the Superintend- ent of Education shall have the power, and it is hereby made his duty to revoke the certificate of any teacher who shall be guilty of immoral conduct, or unbecoming or indecent behavior. Sec. 19. (As amended). — Be it further enacted, That the Secretary of the State Board of Examiners is hereby required tOi keep a register of all teachers examined and licensed under this act, showing the name and postoffice address of each teacher and the date and grade of his cer- tificate, and keep the same on file in the office of the State Superintendent of Education, and he shall devote his time, when not engaged in the work of examining teachers, to clerical work in the Department of Educa- tion. Sec. 20. (As amended). — Be it further enacted. That the provisions of this act as to the time of holding ex- aminations shall not be effective until the first day of April, 1901; provided, that the provisions of this act shall not be construed as to^ apply to separate school dis- 47 tricte of two thousand inhabitants or more, having au- thority at present by their charters to examine their teachers. Sec. 21. (As amended). — Be it further enacted^ That all la\AS and parts of laws, both general and special, in conflict with the provisions of this act, are hereby re- pealed. RULES OP THE STATE BOARD OP EXAMINERS. (These rules are based on the Attorney- General's in- terpretation of the law.) Pirst. — The provisions of the examination law do not, apply to separate school districts of two thousand inhab- itants or more, having authority Pebruary 8, 1901, by their charters to examine their teachers. Second. — Teachers in State schools, acting under spe- cial charters giving exclusive control of such school to their boards of trustees, are not subject tO' examination unless the school shall receive township or district funds, in which case those who teach any of the common school branches and those who share in the distribution of the township or district funds shall procure a certi- ficate. Third.— All teachers in the public schools pf the State, regardless of diplomas held, except those exempted by rules 1 and 2, are hereby subject to examination. Pourth.^ — ^All teachers in the public "schools of the State, whether principals or aissistants, must hold certifi- cates at the time they begin teaching. Contracts con- ditioned on the teacher's procuring a certificate at a sub- sequent examination are illegal, and public funds paid under them will be charged to the county superintend- ent. Pifth. — Applicants for first or second grade certifi- cates failing to make the necessary percentage to obtain a certificate in the grade applied for, but making the requisite percentage in the branches required for a lower grade certificate, may be granted such lower grade cer- tificate. Sixth. — Teachers who procure a low grade certificate may apply for a higher grade certificate at any subse- quent examination, but must take the full examination of the grade for which they apply; Provided, that teach- 49 ers who hold unexpired second grade certificates may ap- ph^ for a first grade by taking an examination in Alge- bra, Geometry, Physics, Theory and Practice of Teach- ing and School Laws of Alabama, (also Agriculture if the second grade: certificate was issued prior to January, 1905) ; and, teachers holding unexpired third grade cer- tificates ma}^ be exempted from taking the examination on Penmanship, Orthography, Beading and Physiology (also Agriculture if the third grade certificate shows that the applicant has passed a saitisfactory examination in this branch) in making application for a higher grade. In every instance the second and third grade certificates must be filed with the examination papers. Seventh. — Special examinations at Montgomery may be allowed as follows : (a) To those applicants who were prevented from taking the last regular examination on account of sick- ness, absence from the State, or other unavoidable cause. (b) A Second or Third Grade examination may be allowed those First Grade applicants Avho fail, and sub- stituted their unexpired Second Grade certificates for the Second and Third Grade branches. (c) A Third Grade examination may be. allowed those applicants who make application for a higher grade and fail or Second Grade arithmetiCj Second Grade grammar, or Second Grade geography. In all special examinations a fee of five dollars is re- quired. Application blanks for these examinations will be furnished by the Department of Education. Eighth. — Whenever there is evidence from the papers that applicants have been in communication or that as- sistance has been obtained from any source, the applica- tions of all parties concerned will be rejected. Ninth. — Teachers who have taught ten years under a first grade certificate in Alabama, and who shall show a high degree of proficiency and professional attainment may be granted a first grade certificate for life. The proof of time taught shall be furnished the State Board of Examiners, through the county superintendent, and may be made as follows :, 50 a. By exhibiting to the State Board of Examiners their former licenses. b. By affidavit from the applicant that he has held a first grade license for ten years. PROOF OF PROFICIENCY AND PROFESSIONAL ATTAINMENT. An applicant for a life certificate, as evidence of profi- ciency and professional attainments, shall, at the time of the regular examination, through the county superin- tendent, furnish to the State Board of Examiners : a. A sketch not exceeding five hundred words in length of his school work the last ten years. b. A thesis on some subject pertaining to the Theory and Practice of Teaching, not exceeding six hundred words in length. The subject for said thesis shall be as- signed by the State Board of Examiners as questions are assigned to other applicants. c. Testimonials from three educators of recognized standng that he has a good character, and has shown a high degree of proficiency and professional attainment. Tenth. — In the future the State Board of Examiners will not grant a life certificate to an applicant who has not taught since February 10, 1899 ; or, to one who has been granted a lower grade than that of a first grade cer- tificate since that time, unless at some subsequent exam- ination the applicant was granted a first grade certifi- cate. INSTRUCTIONS REGARDING EXAMINATION LAW. Examinations will be held in each county of the State beginning on the first Monday in January and July and may continue three days. Regular examinations will be held at no other time. 1. It is the duty of the State Board of Examiners to prepare questions and furnish them to county superin- tendents, to examine and grade the papers and to issue certificates to teachers. 2. On the da}^ set for the examination, the county superintendent shall at 10 o'clock a. m., in the presence of the applicants^ break the seal of the package contain- ing the questions. He shall, unless some other person has been appointed by the State Board of Examiners con- duct the examination, unless he shall be unable to do so hj reason of sickness or other unavoidable necessity, in which case the examination shall be conducted by some competent person appointed by him. All appli- cants shall undergo the examination in the same room, or in sight of the superintendent or other person ap- pointed by him to conduct the examination. (Two rooms Svith connecting door or doors maybe used). The sum of ten dollars is allowed each county superin- tendent for conducting the examination. 3. No applicant shall sit near enough to another to read his paper. No applicant that receives, gives or en- deavors tO' procure or give assistance directly or indi- rectly will be granted a certificate, and it is the duty of the county superintendent or other person appointed to conduct the examination to advise the State Board of Examiners if this rule is violated. 4. Unless the applicant is known to the county super- intendent of education to be of good moral character, he shall make satisfactory proof of the same in writing and 52 , without such proof he shall not be admitted to exam- ination. Any one who habitually uses profane language or intoxicants is, by the law, deemed of immoral charac- ter. The proof submitted by the applicant or the county superintendent's certificate must accompany the examin- ation report. 5. When the examination is completed, each appli- cant shall sign a, certificate that he has neither given nor received any assistance in the examination ; which state- ment shall be kept on file by the county superintendent. 6. Answers must be written on legal cap paper with pen and ink. (All stationery to be furnished by the applicant. ) That the paper in each county may be uni- form in size, color, quality, etc., each county superintend- ent is advised to procure a supply and furnish it to teaichers at a reasonable price. The subject or branch must be plainly written at the top of the page, and each answer numbered to corre- spond with the question. On each paper of his examina- tion the applicant must write his name and address. When thei examination is completed the county superin- tendent must immediately for^^ard the papers to the Sec- retary of the State Board of Examiners, at Montgomery. The papers of each applicant must be in a separate en- velope and sealed, on which should be written his full name, address, color, sex and for what grade applying. County superintendents will be allowed to deduct from fees received the amounts necessary to send papers to Secretary of Board. 7. The county superintendent or examiner must make out a list of all applicants and place opposite the name of each applicant the grade applied for, color and sex of the applicant. This list must he sent under sep- arate corer to the Secretary of the Board of Examiners, 8. Applicants shall, before starting upon the exami ination, deposit with the county superintendent or other person appointed to conduct the examination, fees as follows: For third grade, one dollar; for second grade, one and one-half dollars ; for first grade, twO' dol- lars ; for life certificate, three dollars. The fees shall be paid into the State treasury to the credit of the public school fund. 9. Four grades of certificates will be issued, viz: first, second, third and life. A third grade certificate is 53 good for two years; a second for four years; a lirst for six years; a life for life. Second grade certificates will be issued to the same teacher but twice. Life certificates will be issued under rule 8. 10. Applicants for third grade certificates will be ex- amined on the following branc4ies: Orthography, read- ing, penmanship, grammar, practical arithmetic through fractions, primary geography, the elementary prin- ciples of physiology and hygiene, and *agriculture; ap- plicants for second grade certificates will be examined in all the foregoing branches, and also in practical arithme- tic, history of Alabama, history of he United States, En- glish grammar and composition, and intermediate geog- raphy; applicants for first grade certificates will be ex- amined in all the foregoing branches, and also in alge- bra, natural philosophy, plane geometry, school laws of Alabama, and the theory and practice of teaching. 11. The examination in penmanship will be of such a nature that a teacher who is familiar with any system can take it. 12. Letters or papers of any other character should not be enclosed with answer papers. 13. Applicants who are absent at the beginning of the examination must not be admitted to the examina- tion. 14. Superintendents shall distribute questions on a given subject to all applicants at the same time, and no other questions shall be distributed until all who are an- swering these questions shall have completed and turned in their papers. For instance, the third grade orthogra- phy papers mil be distributed, and no other third grade questions will be distributed until all third grade appli- cants have completed orthography. So with the other subjects. The schedule sent to the superintendent or ex- aminer by the Board of Examiners must be strictly ad- liered to in conducting the examination. If an appli- cant absents himself from the room before any subject is competed he will hand in his paper on that subject, which will be his examination. 15. No question prescribed by the State Board of Ex- aminers shall be set aside, nor shall queries regarding *See Paige 78 of this Pamphlet. 54 the interpretation of questions be answered by the coun- ty superintendent or (esaminer. 16. In case the county superintendent wishes to take the examination, he will appoint some other competent person to conduct the examination, and this person so appointed shall have all the powers and duties of the county superintendent as to collecting fees, papers, etc., and returning the answer papers to the Secretary of the State Board of Examiners. It is suggested whenever a county superintendent takes the examination, either for a grade or life certificate, that he have nothing to do with the papers, but that he turn the matter over entirely to the person he appoints to conduct the examination. 17. The Board of Examiners suggests that white and colored teachers be examined in separate rooms, with connecting doors, if' possible. 18. It will be necessary in a majority of counties for the county superintendent to procure a room with desks for the purpose of examination. The school buildings or other suitable places can be easily obtained for this purpose. 19. County superintendents will send to the Secretary of the State Board of Examiners the names of all teach- ers in separate school districts who are exempt from ex- amination under rule 1 of the State Board of Examiners, where these districts draw their funds through them. 20. Under the law assistants as well as principals will have to procure certificates, and county superintend- ents are urged to see that no principal draws public money unless all his assistants who teach common school branches have certificates. This department will not ap- prove pay rolls for principals unless the names of their assistants are on the register on file in the department of education. 21. County superintendents mil give notice through the county press, or in some other way, of the time and place at which the examinations will be had. 00 22. If it should happen that not enou^i^h papers on any subject have been sent, county superintendents, or other person appointed to conduct the examinations, will allow the papers to be passed among the applicants. STATE BOARD OF EXAMINERS: Isaac W. Hill, President, Wm. F. Feagin, Secretary, J. NiCHOLENE Bishop^ Member. An Act To fix the minimum length of the term of the free pub- lic schools in the State of Alabama. Section 1. — Be it enacted by the General Assembly of Alabama. That the free public schools of the State shall be kept open absolutely free of tuition fee to those entitled to share in the distribution of the common school fund, for a period of at least five scholastic months in each scholastic year. Sec. 2. — Be it further enacted. That it shall be unlaw- ful for any township or district trustee to make or any county superintendent of education to approve a con- tract for a less period than five months, provided that contracts for unexpired terms may be made for a less period; provided, that where it is found absolutely im- practicable to make the term five months, trustees may, with the consent of the county superintendent and the approval of the State superintendent of education, make the term for not less than four scholastic months. Sec. 3. — Be it further enacted, That the object of this act is to set the minimum length of the term for which a contract to teach the free public schools of the State can be made, and it shall be the duty of trustees and county superintendents to make the terms longer whenever and wherever it is possible. Sec. 4. — Be it further enacted. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Approved March 5, 1901. 56 An Act To repeal section 3586 of the Code of Alabama, and to require holders of diplomas or certificates of proficiency from the State Normal Schools and Colleges, or from other schools and colleges, to undergo the State examination for license to teach in the public schools before teaching in the public schools of the State of Alabama. Section 1. — Be it enacted by the' General Assembly of Alabama^, That on and after the passage of this act Sec- tion 3586 of the Code of Alabama be and the same is liereby repeaed. Sec. 2. — Be it further enacted, That all holders of di- plomas or certificates of proficiency from the Alabama State Normal Schoolsi or Colleges, or from other schools and colleges, must undergo successfully the regular State examination for teachers in the public schools be- fore teaching the same. Sec. 3. — Be it further enacted, That all laws and parts of laiws and special laws in conflict with this act, be and tlie same are hereby repealed. An Act To amend Section 3602 of the Code of Alabama. Section ). — Be it enacted by the General Assembly of Alabama, That Section 3602 of the Code of Alabama be amended so as to read as follows, to-wit: 3602 (1005). Contingent expenses and amount for normal school set apart; residue apportioned. As soon as such certificate is received by the superintendent of education, he shall set apart out of the general fund a sufficient amount to pay such expenses of the department of education as are by law payable out of such fund, and also the follow- ing amounts for the normal schools, to-wit: For the Ul Normal Schools at Floreuce, Tro}', Jacksonville, and at Livinj;stou, J|l(),(iOO each, and for the other normal schools such siniis as arc provided by law; and he shall then apportion all the remainder of such fund, as nearly as practicable, among the several townships and school districts in the State, as hereinafter jjrovided. Sec. 2. — Be it farther enacted, That all laws and parts (►f laws in conflict with this act be, and the saine are here- byc] repealed. Approved September 9, 1903. FOKMS T(J HE T'SED IN THE SALE OR LEASE OF SIXTEENTH SECTION LANDS. .[No. 1.] NOTE GIVEN I'.Y PTtRCIIASEK OF SCHOOL LANDS. year after date, we either of us, prom- ise to pay to the State of Alabama, for the use of town- ship .. . , range , in county, the sum of dollars, with interest from date at eight i)er cent, per annum, for the purchase of (specify legal subdivsions) of section sixteen of said township. Witness our hands and seals, this dav of. "...[Seal] [Seal.] [Seal.] Approved this ] day of 190.. J Township Trustees Public Schools. 58 [No: 2.] The State of Alabama^ County. A. D. 190.. The undersigned, township trustees of public schools in and for township , range , in said county, hereby certify that on the .... day of A. D. 190. ., they proceed to sell at public outcry (ail the preliminary requisites of the law in reference to such sale having been complied with), Lot No being the northeast quarter of northwest quar- ter of section sixteen, in said township, containing acres, and at said sale , being the highest bidder, became the i:)urchaser of said tract, and for the sum, of dollars, for which he gave his several notes, each for ^. .dollars with interest from date of said sale, with and as his sureties. Township Trustees Public Schools. [No. 3.] REPORT OF SALE OF SCHOOL LANDS. To Superintendent of Education for the State of Aabama. The undersigned, Township Trustees of public schools in and for tOi\^Tiship.'. . ., range , county, Alabama, respectfully represent and report that on the .... day of 190 . . . . , they proceeded to sell at public outcry (all the preliminary requisites of the law in reference to such sale having been complied with), Lot No being the (the northeast quarter of northwest quarter of as the case may be) 59 acres; that at said sale being the highest bidder, became the purchaser of said ti-act, at and for the sum of dollars (said sum being at or above the minimum price fixed on said tract) for which he gave his several notes, each for dollars, with interest from date of sale at eight per cent, per annum, with and as his sureties. That said paid in cash the sum of dollars. The under- signed retained the sum of * dollars from such cash payment to defray the expenses of the survey and sale of said lauds, and the balance to-Avit: dollars, together with said notes above described, is herewith enclosed. All of Avhich is respectfully submitted. This dav of 190. . Township Trustees Public Schools. ["No. 4.] bond to be given by township trustees about to sell or lease school lands. The State of Alabama, County. Know all men by these presents. That we are held and firmly bound unto the State of Alabama in tlie sum of dollars, for the payment of AAhich well and truly to be made, we bind ourselves and each of us, our and each of our heirs, executors and ad- ministrators, jointly and severally, firmly by these pres- ents. Sealed with our seals, and dated this day of A. D. 190... The condition of the above obligation is such that whereas, the above bound were on 60 the day of , appointed Town- ship Trustees of public schools, in and for township .... range in said county; and whereas, the said. . . . as such township trustees of pub- lic schools, are about to sell (or lease) school lands of said township. Now, if the said as such township irustees of public schools, shall discharge their duty faithfully, so long as they may continue in office, or continue to discharge any of such duties, then ihis obligation to be v(5id — otherwise to remain in full force, [Seal.] [Seal.] [Seal.] [Seal.] [Seal.] [Seal.] Taken and approved this, .day of A. D. 190. . County Superintendent of Education. [No. 5.] lease of school lands. The State of Alabama^ County. This agreement, made this .... day of A. D. 190 . . between and . . . , township trustees of public schools in and for township . . . ., range . . . ., in said county, and • witnesseth, that in consideration of dollars, to be paid by said to the town- ship trustees of public schools for said township, on the .... day of A. D. 190 ...... and each year thereafter during the continuance of the lease, for which the said has given] his several promissory notes payable as aforesaid, and bearing even date with 61 this instrumeut, the said township trustees have grant- ed, demised, leaised, and to farm let, unto the said , his representatives and assigns, section sixteen (or southeast quarter of the southwest) (}uarter of section sixteen, as the case may be), in said to^^nship, in said county and State; to have and to hold unto the said , his representatives and as- signs, for tlie term of (not exceeding five) years, from the .... day of 190 . . . The said agrees to deliver up the premises aforesaid Avith the appurtenances, on the last day of tlie term, or other earlier termination of the es- tate hereby granted, to the said township trustees or their successors in office. In witness whereof, the said parties have hereunto set their hands and seals the day and year above written. Attest : [Seal.] [Seal.] [Seal.] [Seal.] Township Trustees. 62 No. 164.) AN ACT (S. 127 lY* create a Text-Book Commission, and to procure for use in the public schoolsi in this State a uniform se- ries of text books; to define the duties and powers of said commisssion and other officers; to make an appropriation for the carrying into effect this act, and to provide punishment and penalties for the violation of the same. Section 1. — Be it enacted by the Legislature of Ala- bama, That the governor, State superintendent of edu- cation, and three eininent teachers of the State, who shall have a practical knowledge of the public school system of the State and the methods of teaching therein, to be appointed by the governor, shall be and hereby con- stituted the School Book Commission of the State of Alabama, whose duty it is to select and adopt a uniform series or system of text-books for use in the public schools of this State. Said commission is hereby au- thorized, empowered, and directed to select and adopt a uniform system or series of text-books for use in the public schools in this State as above indicated, and when so selected and adopted the said text books' shall be used for a period of five years in all the public schools of this State, and it shall not be lawful for any school officer, director or teacher, tO' use any other books upon the same branches other than those adopted by said State Text Book Commission. Said uniform series shall in- clude the following branches of study, to-wit : Orthog- raphy, reading, writing, arithmetc, geography, gram- mar, language lessons, history of Alabama containing the Constitution of the State,' history of the United States, physiology and hygiene, elementary geology of Alabama, elementary principles of agriculture, ele- ments of algebra, elements of plane geometry, elements of natural philosophy, bookkeeping, elements of civil government, rhetoric and higher English, and such 63 other branches of study as said commission may select and designate; Provided, that none of said text books shall contain anything of a partisan or sectarian charac- ter. Before transacting any business relating to the duties of this commission they shall each take an oath before some person authorized to administer oaths, to faithfully discharge all the duties imposed upon them as members of said school book commission, and that they have no interest, direct or indirect, in any contract that may be made under this act, and will receive no personal benefit therefrom. Provided, further, that for cities and towns having a population of 5,000 or more, said commission may select and designate such books and such branches of study as the conditions existing in such cities and towns may re- quire. Section 2. — There shall be a sub-commission of five to be selected as follows: A president or member of the faculty of one of the normal schools of the State; a president or member of the faculty of one w«on, firm, or corporation may submit in writing bid or bids to edit or have edited, j)ublish, and supply for use in the public schools iiwthis State, any ]»ook or books herein provided for, provided that instead of filing said bid or propr>sal a sample or specimen copy of each book X)roposed to l>e furnished, he may exhibit to the commission a manuscript or printed form the matter X>roposed to be incorpriratefl in any book, together with such a description and illustration of the form and style thereof, as would be fully intelligible and satisfartor\' to said commission, or they may submit a book or books the equal of which in every way they propose' to furnish and they shall accompany their bid or proposal with the cash, deposit and execute contract and bond as hereinbe- fore y)rovided. Section 10. — Be it further enacted. That as soon as said commission shall have entered into a contract or contracts for the furnishing or suppl\ang of books for use in the public schools in this State it shall be the duty of the governor to issue his 7)roclamation announcing such facts to the people of the State. Section 11. — Be it further enacted. That the party or parties with Avhoin the contract shall be made shall es- tablish and maintain two or more depositories in the State, to be designated by the commission, where a stock or supply of the books sufficient to meet all the immedi- ate demands shall be kept. There shall also be main- tained in each county in the State not less than three agencies, for the distribution of the books to the patrons' to be located and designated by the commission and the contractor shall be permitted to make arrangements with a merchant or other person for the handling and distribution of the books. All br)oks shall be sold to the consumer at the retail contract price, and in each book shall l)e printed the following: (The price fixed herein is fixed by State contract and deviations therefrom shall be reported to your county superintendent of education, or the State superinteudent at Montgomery. ) And it is expressly provided that should any party contracting to furnish books as proviided for in this act, fail to fur- nish them or other^dse breach his contract, in addition to the right to the State to sue on the bond hereinabove required the county superintendent of any county may sue in the nameoof the State of Alabama, in any court of competent jurisdiction in the county in which he re- sides for the use and benefit of the school fund of the county ; Provided, that the right of action of the county superintendent shall be limited to breaches of the con- tract committed in the county of his residence, and pro- vided further, that in all cases under this act service of process may be had and deemed sufficient on any agent of the contractor in this State. Section 12. — Be it further enacted, That said commis- sion may from time to time make any necessary regula- tion not contrary to the provisions of this act, to secure tlie prompt distribution of the books herein provided for and the prompt and faithful execution of all contracts, and it is expressly now provided that said commission shall maintain its organization during the five years of the continuance of the contract and after the expiration of the same to renew such of them as they deem advisa- ble, or re-advertise for new bids or j)roposals as required by this act in the first instance, and enter into such other contracts as they deem for the best interests of the pa- trons and children of the public schools of this State; Pro^aded, That any contract entered into or renewed shall be for the term of five years. Section 13. — Be it iurther enacted. That as soon as practicable after the adoption provided for in this act, the State Superintendent of Education shall issue a cir- cular letter to each county superintendent of education and each teacher in the State, and to such others as he may desire to send it, which letter shall contain the list of books adopted, the prices, location of agencies, and manner of distribution and such other information as he mav deem necessarv. Section 14. — Be it further enaeted, That as soou after the passage of this act as may be practicable and the commission may deem advisable, the books adopted as a uniform system of text books shall be introduced and used as text books to the exclusion of all others in all the public free schools in this State; Provided, That notliin<>- herein shall be construed to prevent the use of supplementary books such as may be prescribed and se- lected by the text book commission, but such supple- mentary books shall not be used to the exclusion of the books prescribed or adopted under the provisions of this act; Provided, further, that nothing in this act shall be construed to prohibit the use in public schools of any text book upon any branch mentioned in any previous section of the act, where the commission shall select or adopt a book for that branch or subject; Provided, fur- ther, That nothing in this act shall prevent the teaching in any school any branch higher or more advanced than is embraced in any previous section of this act, nor the using of any book upon such higher branch of study, provided that such higher branches shall not be taught to the exclusion of the branches mentioned and set out in this act. Section 15. — Be it further enacted. That nothing herein shall be construed to prevent or prohibit the pa- trons of the public schools throughout the State from procuring books in the usual way in case no contract shall be- made or the contractor fails or refuses to fur- nish the boieir respective counties into public school districts ac- cording to centers of population and natural liarriers Such districts shall be so arranged, if practicable, as to place a public school within two and one-half miles of each child within school age within such district; pro- Aided that no district shall be formed which contains less than fifteen children within the school age. Sec. 5. — The work of establishing such districts as ]>rovided in this act, shall be completed not later than June 1st, 1904, within ten days after said work shall have been completed, the said several county redistrict- ing boards shall make, in writing, an accurate descrip- tion of each district so established, which descriptions they shall deposit with the Judge of Probate, whose duty it shall he to record the same in a. substantially bound book, to be kept by him for this purpose in his office. Sec. 6. — On the first Saturday in July, 1 904, and each fourth year thereafter, the qualified electors of each public school district shall meet at the district public school house and elect from among the freeholders and householders who can read and write, residing in such districts, a local board of three distinct trustees whose duty shall be as hereinafter provided. Such district trustees shall hold office for the term of four j^ears from 84 the time of their election, and until their successors are elected and qualified. Sec. 7. — The trustees provided for in the last preced- ing- section shall within ten days after their election meet at the public school district school house, or some place more convenient to all concerned, and shall organ- ize, by electing one of their number chairman and an- other secretary. Sec. 8. — The district trustees shall, during the montli of August, 1904, and in every even numbered year there- after, make an enumeration of all the children within school age in their respective districts in accordance with the requirements of section 3573 of the Code of 1896, and report the; same as herein provided to the County Superintendent of Education, who also shall, by the 15th day of said month, make a written report of such enumeration by numbered districts to the State Superintendent of Education, and it shall be the duty of the County Superintendent of Education to enumer- ate or cause to be enumerated, all the children of school age in any township or townships in his county in which the sixteenth section inte'rest exceeds the amount of per capita apportionment from the general fund, and report the same to the office of the State Superintendent of Education. Sec. 9. — It shall be the duty of said district trustees to care for all school property, employ teachers for their school districts, such employment to be subject to the approval of the County Board of Education, to visit the schools within their respective districts, observe the management of the same, to make quarterly reports of the condition of such school to the County Superintend- ent of Education, and to perform such other duties as may be required by the county board of education here- inafter provided for. Sec. 10. — The chairman of the several boards of dis- trict trustees shall meet at the court house in their re- spective counties on the second Saturday in August af- ter their election and every four years thereafter, and shall elect four county school trustees, who shall hold of- fice for the! term of four years from the date of their elec- 85 turn and until their ?!iiccessors are elected and qiialitiod. Before entering upon the duties of office, they shall take the oath of office prescribed by the Constitution of the State. The County Superintendent of Education and said four county trustees shall constitute the; County Board of Education within their respective counties. The County Superintendent of Education shall be the chief executive officer of said county boards of educa- tion, and shall see that all the rules, regulations and orders of said county boards are enforced; provided, hoAvever, that no county trustee shall, during his term ( f oifice, be eligible to election as a district trustee. Sec. 11. — The said County Board of Education shall have entire control of the public schools within their re- spective counties, unless otherwise provided by law. They shall make rules and regulations for the govern- ment of thei schools, see that teachers perform their du- ties, and exercise such powers, consistent with the law, as in their judgment will best subserve the cause of ed- ucation. The said board shall have the right to acquire, purchase, lease, receive, hold, transmit and convey the title to real and personal property for school purposes. Said Board of Education shall by and in the name of the County Board of Education sue and be sued, con- tract and be contracted with; all contracts to be made after resolution adopted by said board and spread on its minutes and signed by the president and secretary, and all process shall be executed on the secretary of said board. Sec. 12. — Whenever there shall have been established in any school district, a system of graded schools free to the children of school age, within such district for a period of not less than eight months in each year, the electors of such districts may increase the number of the district trustees to five and assume entire control of the public schools therein; provided, the trustees of such districts shall make all reports required by law to the county board of education. Sec. 13. — Each member of the county redistricting b(^ar[ls named in section two of this act shall receive two dollars a day for each day in which he is actually em- ployed in forming school districts under this act to be 86 l)aid out of the county treasury upon the written requi- sition of the president and secretary of such board; pro- vided, that no member of said board shall receive pay for more than fifteen days, and provided, further, that the County Superintendent of Education shall receive no pay for serving on said board. Sec. 14. — Each of the four members of the county board of education, provided for in section 10 of this act shall receive from the public school funds of the county to be disbursed by the County Superintendent of Edu- cation two dollars a day for each; day's work devoted by him to the public schools; provided, he shall not receive pay for more than ten days in any one year. The County Superintendent of Education shall apportion among the several school districts the amount of com- pensation to be paid to the members of the County Board of Education and to account for thei same in like manner as provided for the compensation paid tO' teach- ers in such districts. Sec. 15. — The County Superintendents of Education shall receive and, by and with the advice and consent of the County Board of Education and under its direction shall disburse all moneys appropriated and provided by law, or that may hereafter be provided' for by law, either general or special, for the support of any and all public schools within their respective counties. For their compensation, they shall receive four per centum on all State public moneys legally disbursed by them, not to exceed the sum of eighteien hundred dollars for any cal- endar year. For all moneys received and disbursed by them, the county superintendent shall account to the State Superintendent of Education, as now provided by law. Sec. 16. — The lines and boundaries of, any school dis- trict may be changed by a vote of a majority of the Co'unty Board of Education, thirty days after due no- tice shal have been given by such board to the school trustees, and the people in the territory to be affecte«l by the change and such change may add to or take from any district composed of an incorporated city or town such contiguous territory as such board may deem best ; notice of the proposed change being given by three weekly publications in a newspaper published in said (•ounty, and in three public places by posting notices. Sec. 17. — That any vacancy on the County Board of ]^>lucation or on any district board of trusteesi, shall be filled for the unexpired term by the remaining members <»n said board of education or board of trustees as the case may be. Sec. is. — This bill shall not be held to affect any school contract or the conduct, management and control of public schools during the school yeai' ending Septem- ber 30, 1904. Sec. 19. — The provisions of this act shall not apply to any county heretofore districted by law and which has a special levy from the county for the support of the public schools or tO' school districts heretofore estab- lished by law. Sec. 20. — That each incorporated city or town in the State is hereby created a separate school district. En all municipalities where there is a board of education the board shall have full charge and control of such .sep- arate school districts and shall have and exercise all the powers and authorty conferred by law Tipon township trustees. In municipalities where there is no such board of education, the powers and duties of trustearate school districts, or to the mayor and board of aldermen where there is no such board of education, and provided that nothing in this act contained shall be construed as in conflict with section 12 of this act. Approved September 30, 1903. No. 298.) AN ACT (H. 498. To regulate all school districts affected by the creation of new counties or the change of county lines and to provide for the election of trustees therein. Section 1. — Be it enacted by the Legislature of Ala- bama, That any school district, which by the creation of new counties or the change of county lines, shall lie in two or more counties, shall in no wise be repealed by the creation of said new counties or the change of county lines. Sec. 2. — That the superintendent of the counties in which said school districts shall lie, shall pay over to the treasurer of said school boards in said school dis- tricts, all the funds of money coming into their hands due said school districts. Sec. 3. — That the trustees of a school district which is placed in two or more counties by the creation of new counties or the change of county lines shall be appointed by the Superintendent of Education of the county in which a majority of the children within the school age of said school reside. Sec. 8. — That all parts of laws of said school districts, which, by the creation of new counties or the change of county lines, lie in two (2) or more counties, which are in conflict with the provisions of this act are hereby re- pealed. Approved September 26, 1903. No. 233.) SENATE JOINT EESOLUTION. S. J. E. Whereas, By an act of the 38t hCongress of the Uni- ted States each State is invited to place in the National Statuary Hall at Washington, D. C, the memorial stat- utes of two citizens of such State who may be distin- guished for exalted and patriotic service; therefore. Be it resolved by the Senate of the Legislature of Alabama, the House of Representatives concurring, that the long and distinguished labors of the educaotor, Jabez Lamar Monroe Curry, shall be accorded this tribute of affeic- tionate regard, and that his name shall be and is hereby formally designated for grateful commemoration by the erection of a statute of marble of bronzei in the said 89 National Statuary Hall. Kesolvecl further, that the Governor of this State shall be and is hereby empowered to take the necessary steps to carry this resolution into effect. Filed in oflflce, Sept. 29, 1903. J. Thomas Heflin, Secretary of State. (This resolution became a law under Section 125 of the Constitution of 1901, having been held by the Gov- ernor beyond the time limit. ) No. 143.) AN ACT (H. 407. To validate, ratify and confirm the election of all county commissioners, and boards of revenue, and all county superintendents of education who were elected to such offices in the several counties of this State at the general election for State officers, and Congress members, held on the first Tuesday in No- vember, 1902. Whereas, at the general election for State officers, and Congress members, held in this State on the first Tuesday in November, 1902, there were also chosen and elected in many of the coun- ties of the State, county commissioners and boards of revenue and county superintendents of educa- tion, and whereas, it is a question of very grave doubt as to whether the law provided for and au- thorized the election of such county commissioners and boards of revenue and county superintendents at said election, and as to the legalit^^ of the elec- tion of such county commissioners and boards of revenue and county superintendents of education, at sail election, and, whereas, it is exx)edient that all doubt be removed as to the right of such county commissioners, and boards of revenue and county superintendents of education to hold and exercise the duties of their respective offices. Secton 1. — Be it enacted by the Legislature of Ala- bama, That the election of all county commissioners, 90 and boards of revenue, and county superintendents of education, who were elected to such offices in the several counties in the State, at the election for State officers and Congress members, held on the first Tuesday in No- vember, 1902, be and the same is hereby validated, con- firmed, ratified, and approved, and made to be as bind- ing and to have the same force and effect as if the elec- tion of such county commissioners, and "boards of reve- nue, and county superintendents of education had been fully provided and authorized by law, at the time of their said election on the first Tuesday in November, 1902. Sec. 2. — That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Approved arch 5, 1903. No. 539.) AN ACT (H. 651. To empower municipal corporations to xDurchase school property and maintain public schools. Be it enmcted by the Legislature of the State of Ala- hama : Section 1. — That all municipal corporations in this State are hereby empowered to purchase school prop- erty, or tO' purchase lots and erect school buildings thereon for the use and benefit of the citizens of their respective towns and cities. Sec. 2. — That for said purpose the town council or board of aldermen may levy a tax of not exceeding one- fourth of one per cent, provided that the city or town tax shall not exceed one-half of one per cent, for all pur- poses, including said school tax. Sec. 3. — That the town council of board of aldermen are hereby empowered to purchase school property from time to time for the maintenance and improvement of such school propeirty and the maintenance of public schools therein within the limits hereinbefore pre- scribed. 91 Sec. 4. — That any purchase of school property under the poAver herein granted shall only be made by the unanimous vote of the toAvn council or board of alder- men of such town or city, and approved by the mayor, and upon two-thirds vote of the voters of said town voting- on said proposition at a special election held for tliat purpose after giving at least ten days notice of said election. Approved October 6, 1903. No. 230.) AN ACT (H. 286. To provide for the sale of Sixteenth section lands, which contain or are believed t'> contain minerals. Be it enacted hi/ the Legislature of Alahamaii Section 1. — That the township trustee or trustees of any township may, with the approval of the State Su- perintendent of Education, as hereinafter provided, sell any sixteenth section school lands of their respective townships, which contain or are believed to contain minerals, in the following manner: Upon the reciuest of three or more inhabitants of such township the town- ship trustee or trustees shall hold an election to ascer- tain whether tlie lands of such township shall be sold ; such electi(m shall l)e under the control and supervision of the township trustee or trustees, and shall be held after ten days' notice! has been given thereof by posting- notices at three public places in the township. If in such election a majority of the qualified electors of such township ^\'ho are the parents of children attending the public schools of such township vote for a sale of such lands, such township trustee or trustees shall cause to be published once a week for three successive weeks, in some newspaper published in the county where such lands are situated, a notice that sealed bids will be re- ceived by said trustee or trustees at a time and place specified in such notice, from the persons desiring to purchase all or any part of such lands of such town- ship. And such trustee or trustees shall, at the time 92 and place named in said notice, receive sealed bids of all persons who may desire to purchase any of such lands. Such bids shall state whether the bidder desires to purchase all or a part of such lands, the price he pro- poses to pay for the same, how much, if any, of such purchase money is to be paid in cash, and the security he proposes to give for any unpaid purchase money, the rate of interest such unpaid purchase money shall bear, and the time and installments, if any, such unpaid pur- chase money shall be paid in; and if such lands have been previously leased, such bids may be for the rent as well as for the reversion of such land ; and such bids may contain any other proposal wath reference to the purchase of such lands and the security to be given for unpaid purchase money. If such trustee or trustees approve any of such bids, the same shall be by them or him forwarded to the State Superintendent of Educa- tion. If such bid is approved by the State Superintend- ent of Education, he shall mark it approved. If disap- proved by him he shall mark it disapproved; and in either event, he shall file it with the records in his office. In the event of the approval of such bid by the Superin- tendent of Education, the bidder shall execute his obli- gation or obligations with two sureties to be approved by the Superintendent of Education, for the unpaid purchase money of such lands and the interest thereon, which obligation or obligations shall be payable to the toAvnship in which such lands are situated, and which shall be kept by the Superintendent of Education. The bidder shall also pay any cash provided by his bid to be paid in cash, and thereupon the Superintendent of Ed- ucation shall issue to such purchaser a certificate of purchase which shall describe the land sold, and shall fully set forth the price, terms and conditions of the sale as set forth in the accepted bid ; such certificate shall be prima facie evidence that all the pre-requisites to a valid sale of such lands have been complied with. If default is made in the payment of any installments, in- terest or principal agreed to be paid by such purchaser, and such default continues for one year or more, all title to the land sold shall revest absolutely in such 93 township. Upon payment in full of the purchase money with any interest agreed to be paid, there shall issue to such purchaser a patent to be signed by the Governor and attested by the Secretary of State, which shall be conclusive evidence that all title to the lands therein described has vested in the purchaser named therein. In the event of the abolition by law of the office of township trustee the duties herein provided to be performed by them shall be performed by the County Superintendent of Education. Sec. 2. — That all purchase money for such lands, cash and deferred, and all interest or such unpaid pur- chase money, shall be paid to the Superintendent of Ed- ucation, by whom it shall be reported to the Auditor and paid into the State Treasury. And the principal of all such purchase money paid into the State Treasuiy and any money paid as a sinking fund shall bear inter- est in the same manner as other school funds in the treasury bear interest, and shall be used exclusively for the public schools of the township to which said lands belong. And all interest paid annually or oftener by the purchaser on the deferred payments of purchase money, shall not, after being paid into the State Treas- ury, bear interest, but shall be annually apportioned to and used exclusively in the maintenance of the public schools of such township. Sec. 3. — That for their services in connection with any sale made under the provisions of this act, the township trustees or trustee shall receive one-half of one per cent, of the amount of the purchase price named in any accepted bid, which shall be paid to such trustees or trustee by the Superintendent of Education out of the first payment of the principal of such purchase money received by him. Sec. 4. — That all la^s and parts of laws, general and local,, in conflict herewith be and the same are hereby repealed. Approved Sept. 22, 1903. 94 ISO. 137.) AN ACT (S. 83. To ameDQd Section 3562 of the Code of Alabama. Section 1. — Be it enacted hy the Legislature of Ala- hama, Tha.t Section 3562 of the Code of Alabama be amended so as to read as follows : The trustees in each township shall annually on the first Monday in Septem- ber, or within seven days thereafter, call a meeting of the parentsi and guardians of the children of their town- ship within the educational age, and at such meeting they shall in consultation with such parents and guar- dians, and with a view to subserve their wishes, inter- ests and convenience transact the following business: 1. They shall determine the number of schools which shall be established in their township for the current scholastic year, and shall designate the same by num- ber. 2. They shall fix the locaton of each school, the time of itsi opening, and the length of the session, which shall not be for a less term than is provided by law. 3. They shall, when they establish the schools in tbeir township, apportion to each school so established, such an amount of the public school revenue apportioned to the township for the current scholastic year as they may deem just and equitable and for the equal benefit of the children thereof of school age. Sec. 2. — They shall determine the number and what children shall be transferred from their districts to the school of other districts, and tO' what district trans- ferred, during the scholastic year, and shall set apart such an amount of the money apportioned to their dis- trict to pay for such transferred children as they may deem just and equitable, and if it should be deemed im- practicable to establish in any district a public school for the children of either race, on account of the want of a, sufficient number of such race living within a reas- onable distance, they shall determine whether any such children can be transferred conveniently to a public school in another district, and those that cannot be so transferred, and that have actually attended some 95 school in this State for the time during which the pub- lic schools were kept open for the current scholastic yen which information is desired are as fol- lows : I'lider this act the Text Bo<:)k Commission selected and adopted for use in the ptiblic schools, a' copy book published by Eaton & Company, and the contract was awarded to that firm to furnish these copy bks for use in the public schools of this State, for a period of five years. The Text Book Commission, in construintr this act has held that it was permissible to teach writing in the pub- lic schools of Alabama, without copy bo<:>ks, and in some of the public schools, writing has been taught and is be- I04 iug taught without using the copy books, selected and adopted by the Text Book Commission. The question for considereation is, can it be left to the discretion of school boards, or teachers, to decline to use any text book selected and adopted by the Text Book Commis- sion, and teach such branch of study by some other method, and without the use of such text books so sel ect- ed and adopted. It is declared in Sections 1, 16 and 17 of the act : ^'that the Governor, State Superintendent of Education, and three eminent teachers of the State * * * shall be and are hereby constituted the School Book Commission of the State of Alabama, whose duty it is to select and adopt a uniform series or system of text books for use in the public schools of this State. Said commission is hereby authorized, empowered and directed to. select and adopt a uniform system or series of text books for use in the public schools in this State, as above indicated, and when so selected and adopted, the said text books shall be used for a period of five years in all the public schools of this State, and it shall not be lawful for any officer, director or teacher, to use any other books upon the same branches other than those adopted by said State Text Book Commission. Said uniform series shall in- clude the following branches of study, to-wit: "Orthography, reading, writing, arithmetic, geog- raphy," etc. "That any person or teacher violating the provisions of this act, shall become guilty of a misde- meonor, and upon conviction, be punished by a fine of not less than ten dollars nor more than fifty dollars." "That any teacher who shall use or permit to be used in his or her school, any text book upon the branches embraced in this act, where the Commision has adopted a book on that branch other than the one so adopted, shall be guilty of a misdemeanor, and upon conviction, punished as provided for in Section 16 of this act." It will be observed that Section 1 of the act specially provides — First — For the appointment of a Text Book Commis- sion. Second — It is made the duty of said Text Book Com- mission to 'select and adopt a uniform series or system uf text books for use in the public schools of Alabama." Third — The State Commission is aathorized, empow- ered and directed to select and adopt a uniform system or series of text books for use in the public schools of this State. Fourth — When said text books are so selected and adopted they ^'shall he used for a period of five years in all of the public schools of this State." Fifth — It is further provided that it shall not be law- ful for any school officer, director or teacher to use any other books upon the same branches other than those adopted by the State Text Book Commission. Sixth — Said uniform series sjiall include the follow- ing branches of study to-wit : "Orthography, reading, writing, arithmetic, geography," etc. It is clearly the legislative intent that the system of teaching these several branches shall be uniform in all the public schools in this State, and to that end, it is made mandatory that the text books selected and adopted by the Text Book Commission, shall be used for a period of five years, in the public schools, to the exclu- sion of all other books upon the same branches. It is also clearly the legislative intent that the books adopted should be used in said public schools in order to secure said text books at a cheaper price than hereto- fore prevailed, and the mandatory requirement that these books, when selected and adopted, shall be used for a period of five years, wasi supposed to be an induce- ment to the various publishers to bid for the books at a lower cost than they could be bought at retail. If it were held that a teacher could refuse to teach arithme- tic, or for that matter, any other text book selected and adopted, and teach that particular branch of study by a process of his own, independently of any book, this construction would emasculate the law, and leave it to the discretion of each school board, or teacher, to deter- mine whether or not he could teach arithmetic "out of his head," by a higher or better process than by the books selected and adopted by the Text Book Commis- sion, and thereby destroy the uniformity in teaching this branch. This intent is made still more specific and io6 -clear by Section 16 of the act, which provides that any person or teacher violating the pro^dsions of this aci, shall be gnilty of a misdemeanor, and as a further guar- antee that the text books adopted and selected by the Commission, shall be used in the j)ublic schools of this State, Section 17 of the act makes it a misdemeanor for any teacher to use or permit to be used in his or her school, any text book upon the branches embraced in thils act, other than those adopted. The legislature has unlimited and exclusive power to select the text books tO' be used in the public schools, and to compel the use of the books selected. In the ex- ercise of this power by the enactment before referred to, our court declares, in the case of Dickinson v. Cunning- ham (in M. S..) : "Two things are very clear to our minds: one, 'that the legislature meant to provide an exclusive privilege in order to secure books at the best prices; the other, the legislature meant to prevent the possibility of any break in the uniformity of the system framed by the statute." The question arises, therefore, as to whether or not the copy book, selected and adopted by the Text Book Commission for the uniform system or series of writing to be taught in the public schools of this State, is a text book. Of this there is no doubt. Webster defines a text book to be any manual of instruction; an educa- tional treatise; a school book. The Century Dictionary defines it to be a book used by students, as a standard work for a particular branch of study; a manual of in- struction. It is also there defined to be a book con- taining a "Text or Texts," and one of the definitions there given of the text, is "formal handwriting." The legal definition of a book is much more comprehensive, and greater than the popular idea of a book. A single sheet of music has been held to be a book within the purview of the law. — (A. & E. Enc. of I^aw, 2d ed., Vol. 4, pp. 703-704. ) The Supreme Court of Illinois in an able opinion (The People ex rel. v. Board of Education, 175 111. 9), held that a copy book was a text book within the mean- ing of the law of that State, which is very similar to the law of Alabama upon this subject. It is my opinion, I07 tlierefore, that the copy book of Eaton & Co., selected and adopted by the Text Book Commission, must be used and taught, in all the public schools of this State, wherever writing is taught, and that it does not lie in the discretion of any school board or teacher to provide for ai different method of teaching writing, or tO' decliiie the u.