EXCHANGE 
 
SCHOOL LAWS OF IOWA 
 
 FROM THE CODE OF 1873, 
 
 AS AMENDED BY THE FIFTEENTH, SIXTEENTH, SEVENTEENTH, EIGH- 
 TEENTH, NINETEENTH, TWENTIETH, TWENTY-FIRST AND 
 TWENTY-SECOND GENERAL ASSEMBLIES, 
 
 WITH 
 
 NOTES AND FORMS, 
 
 FOR 
 
 THE USE AND GOVERNMENT OF SCHOOL OFFICERS. 
 
 EZDXTXON" O^ 1SSS. 
 
 SiLBIN, 
 
 SUPERINTENDENT OF VTJBLIC 
 
 DES MOINES: 
 
 GEO. E. ROBERTS, STATE PRINTER. 
 
 1883. 
 
When any school officer is superseded by election or other- 
 wise, he shall immediately deliver to his successor in office, all 
 books, papers, and moneys pertaining to his office, taking a 
 receipt therefor; and every such officer who shall refuse to do 
 so, or who shall willfully mutilate or destroy any such books or 
 papers, or any part thereof, or shall misapply any moneys en- 
 trusted to him by virtue of his office, shall be liable to the 
 provisions of the general statutes for the punishment of such 
 
 offense. SECTION 1791, CODE. 
 
PREFACE. 
 
 Section 1579, Code, as amended, authorizes the superintendent of 
 public instruction to publish the school laws of the State, together 
 with all amendments thereto, immediately upon the adjournment of 
 very alternate general assembly. 
 
 As the use of former editions will only confuse and mislead, and 
 since every school officer and member of a board is now entitled to 
 receive a copy of this law, it is earnestly advised that all old laws be 
 laid aside. A revision may not be published for many years, hence 
 the necessity of preserving every copy of this edition. 
 
 The explanatory notes have been carefully revised and condensed, 
 and at the same time extended to include a larger number of partic- 
 ulars. References are given as fully as brevity will allow. It is ap- 
 parent that only the leading features of the law may be included in 
 these notes. In special cases, the general authorities on the subject 
 regarding which information is sought, must be examined. 
 
 In the notes, reference is often made to the reports of our supreme 
 court. These may be consulted at the court house in each county seat. 
 A reference to S. L. Decisions meais the decisions in appeal cases, 
 a copy of which is furnished for the secretary of every board. We 
 have aimed to simplify and improve the forms, and make them of 
 added value to every school officer. A table of contents, by subjects, 
 will be found after the body of laws, just preceding the forms. 
 
 The complex forms of districts under our present law, with the 
 conflicting enactments accompanying such an unsystematic organiza- 
 
PKEFACE. 
 
 tioD, make our school laws difficult of comprehension, and in many 
 cases really contradictory. 
 
 Though this revision does not differ greatly from those preceding, 
 it is believed that it will well repay careful study and frequent refer- 
 ence, and thereby assist in promoting harmony and efficiency in the 
 administration of our system of free schools. 
 
 The work of arranging the law and revising the notes, as well as of 
 compiling the decisions, has fallen very largely upon my deputy, Mr. 
 Ira C. Kling. He has been ably assisted by my secretary, Mrs. A. B 
 Billington, and 1 desire to acknowledge in this connection the value 
 of their services. 
 
 HENRY SABIN, 
 Superintendent of Public Instruction* 
 
 DBS MOINKS, IOWA, June 1, 1888. 
 
SCHOOL LAWS OF IOWA 
 
 FROM THE CODE AS AMENDED BY THE FIFTEENTH, SIXTEENTH, 
 SEVENTEENTH, EIGHTEENTH, NINETEENTH, TWENTIETH, TWENTY- 
 FIRST AND TWENTY-SECOND GENERAL ASSEMBLIES. 
 
 SUPEBINTENDENT OF PUBLIC INSTRUCTION. 
 
 SECTION 1577. The superintendent of public instruction shall be 
 charged with the general supervision of all the county superintend- 
 ents and all the common schools of the state. He may meet county 
 superintendents in convention at such points in the state as he may 
 deem most suitable for the purpose, and by explanation and discus- 
 sion endeavor to secure a more uniform and efficient administration 
 of the school laws. He shall attend teachers' institutes in the several 
 counties of the state as far as may be consistent with the discharge 
 of other duties imposed by law, and assist by lecture or otherwise in 
 their instruction and management. He shall render a written opin- 
 ion to any school officer asking it, touching the exposition or admin- 
 istration of any school law, and shall determine all cases appealed 
 from the decision of county superintendents. 
 
 SEC. 1578. An office shall be provided for him at the seat of gov- 
 ernment, in which he shall file all papers, reports, and public documents 
 transmitted to him by the county superintendents, each year separ- 
 ately, and hold the same in readiness to be exhibited to the governor, 
 or to a committee of either house of the general assembly, at any 
 time when required ; and he shall keep a fair record of all matters 
 pertaining to his office. 
 
 SEC. 1579. (As amended by Chap. 150, Laws of 1880, and Chap. 
 -59, Laws of 1888.) After the adjournment of the eighteenth general 
 assembly, and every four years thereafter, if deemed necessary, he 
 may cause to be printed and bound in cloth the school laws and all 
 
g SCHOOL LAWS OF IOWA. 
 
 amendments thereto, with such notes, rulings, forms and decisions 
 as may seem of value to aid school officers in the proper discharge of 
 their duties. Appropriate reference shall be made to the previous- 
 law that has been amended or changed, so as clearly to indicate the 
 effect of such amendments or changes. He shall send to each county 
 superintendent a number of copies sufficient to supply each school 
 district in his county with one copy of such school laws, with decis- 
 ions. He shall also cause to be printed and bound in paper covers 
 the school laws, with notes and with forms necessary to be used in 
 carrying out the school laws; provided, that he shall furnish each of 
 the members of the boards of directors with one copy of the laws- 
 bound in paper covers, which shall be turned over to their successors 
 in office. After such sessions of the general assembly as the state 
 superintendent shall not deem it necessary to publish the laws as pro- 
 vided for in this section, he shall cause to be published in pamphlet 
 form all the amendments to the school laws passed by such general 
 assembly, in sufficient numbers to supply each of the county super- 
 intendents and school officers of the state with one copy free of 
 charge, which said amendments shall be sent to the several county 
 superintendents for distribution. 
 
 SEC. 1580. (Repealed by Chap.102, Laws of 1878.) 
 
 SEC. 1581. He may, if he deem it expedient, subscribe for a suffi- 
 cient number of copies of the Iowa School Journal, or of such other 
 educational journal published in the state as he may select, to fur- 
 nish each county superintendent with one copy, and his certificate of 
 having thus subscribed shall be authority for the auditor of state to 
 issue his warrant for the amount of said subscriptions; provided he 
 shall cause to be inserted in the journal he may so select, a correct 
 copy of any decision he may deem it necessary to make for the effi- 
 cient carrying out of the school law. 
 
 SEC. 1582. He shall annually, on the first day of January, report 
 to the auditor of state the number of persons in each county between 
 the ages of five and twenty-one years. 
 
 SEC. 1583. (As amended by Chap. 82, Laws of 1888.) He shall 
 make to the governor a report which shall embrace, first, a statement 
 of the condition of the common schools of the state; the number of 
 district townships and subdistricts therein; the number of teachers; 
 the number of schools; the number of school houses, and the value 
 thereof; the number of persons between five and twenty-one years of 
 
SCHOOL LAWS OF IOWA. 7 
 
 age; the number of scholars in each county that have attended school 
 the previous year, as returned by the several county superintendents; 
 the number of books in the district libraries; and the value of all ap- 
 paratus in the schools, and such other statistical information as he 
 may deem important. Second, such plans as he may have matured 
 for the more perfect organization and efficiency of common schools. 
 He shall cause one thousand copies of his report to be printed, and 
 shall present it to the general assembly on the second day of its ses- 
 sion. 
 
 SEC. 1584. Whe*never reasonable assurance shall be given by the 
 county superintendent of any county to the superintendent of public 
 instruction, that not less than twenty teachers desire to assemble for 
 the purpose of holding a teachers' institute in said county, to remain 
 in session not less than six working days, he shall appoint the time 
 and place of said meeting and give due notice thereof to the county 
 superintendent; and for the purpose of defraying the expenses of 
 said institute, there is hereby appropriated, out of any moneys in the 
 state treasury not otherwise appropriated, a sum not exceeding fifty 
 dollars annually for one such institute in each county held as afore- 
 said, which the said superintendent shall immediately transmit to the 
 county superintendent in whose county the institute shall be held, 
 who shall therewith defray the necessary expenses of the institute, 
 and, if any balance remains, he shall pay the same into the county 
 treasury, and the same shall be credited to the teachers' fund. 
 
 STATE UNIVERSITY. 
 
 SECTION 1585. The objects of the state university, established by 
 the constitution, at Iowa City, shall be to provide the best and most 
 efficient means of imparting to young men and women on equal 
 terms, a liberal education and thorough knowledge of the different 
 branches of literature, the arts and sciences, with their varied appli- 
 cations. The university, so far as practicable, shall begin the courses 
 of study in its collegiate and scientific departments, at the points 
 where the same are completed in high schools; and no student shall 
 be admitted who has not previously completed the elementary stud- 
 ies, in such branches as are taught in the common schools through- 
 out the state. 
 
 SEC. 1586. The university shall never be under the exclusive con- 
 trol of any religious denomination whatever. 
 
g SCHOOL LAWS OF IOWA. 
 
 SEC. 1587. (As amended by Chap. 147, Laws of 1876 and Chap. 
 181, Laws of 1886.) The university shall be governed by a board of 
 regents, consisting of the governor of the state, who shall be presi- 
 dent of the board by virtus of his office, the superintendent of pub- 
 lic instruction, who shall be a member by virtue of his office, together 
 with one person from each congressional district of the state, who 
 
 shall be elected by the general assembly. 
 
 ******** 
 
 SEC. 1589. The university shall include a collegiate, scientific, 
 normal, law, and such other departments, with such courses of in- 
 struction and elective studies as the board of regents may determine; 
 and the board shall have authority to cDnfer such degrees, and grant 
 such diplomas and other marks of distinction as are usually conferred 
 
 and granted by other universities. 
 
 ******** 
 
 SEC. 1596. The board of regents shall enact laws for the govern- 
 ment of the university, and shall appoint a president and the requi- 
 site number of professors and tutors, together with such other officers 
 as they may deem expedient, and shall determine the salaries of such 
 officers, the compensation of the secretary and treasurer, and the 
 amount of fees to be paid for tuition. They shall remove any officer 
 connected with the university, when, in their j udgment, the good of 
 the institution requires it. 
 
 SEC. 1597. The board of regents is authorized to expend such por- 
 tion of the income of the university fund as it may deem expedient, 
 in the purchase of apparatus, library, and a cabinet of natural history, 
 in providing suitable means to keep and preserve the same, and in 
 procuring all other necessary facilities for giving instruction. 
 
 SEC. 1598. All specimens of natural history and geological and 
 mineralogical specimens, which are or hereafter may be collected by 
 the state geologist of Iowa, or by any others appointed by the state 
 to investigate its natural history and physical resources, shall belong 
 to and be the property of the state university, and shall form a part 
 of its cabinet of natural history, which shall be under the charge of 
 
 the professor of that department. 
 
 ******** 
 
 SEC. 1600. The president of the university shall make a report on 
 the fifteenth day of September preceding the meeting of the general 
 assembly, to the board of regents, which shall exhibit the condition 
 and progress of the institution in its several departments, the differ- 
 
SCHOOL LAWS OF IOWA. 9 
 
 ent courses of study pursued therein, the branches taught, the means 
 and methods of instruction adopted, the number of students, with 
 their names, classes, and residences, and such other matters as he 
 may deem proper to communicate. 
 
 SEC. 1601. (As amended by Chap. 82, Laws of 1888 ) The board 
 of regents shall, on the first day of October preceding each regular 
 meeting of the general assembly, make a report to the superintend- 
 ent of public instruction, which report, with that of the president of 
 the university, shall be embodied in the said superintendent's report 
 to the governor. The report of the board of regents shall contain 
 the number of professors, tutors, and other officers, with the compen- 
 sation of each, the condition of the university fund, and the income 
 received therefrom, the amount of expenditures, and the items 
 thereof, with such other information and recommendations as they 
 may deem expedient to lay before the general assembly. 
 
 COUNTY HIGH SCHOOLS. 
 
 SECTION 1697. Eich county having a population of two thousand 
 inhabitants or over, as shown by the last state or federal census, may 
 establish a high school on the conditions and in the manner herein- 
 after prescribed, for the purpose of affording better educational fa- 
 cilities for pupils more advanced than those attending district schools, 
 and for persons desiring to tit themselves for the vocation of teach- 
 ing. 
 
 SEC. 1698. When one-third of the electors of a county, as shown 
 by the returns of the last preceding election, shall petition the board 
 of supervisors requesting that a county high school be established in 
 their county at the place in said petition named, then, or when said 
 board in its discretion shall deem proper, said board shall give twenty 
 days' notice previous to the next general election, or previous to a 
 special election duly called for that purpose, that they will submit 
 the question to the electors of said county whether such high school 
 shall be established; at which election said electors shall vote by 
 ballot, for or against establishing such county high school. The no- 
 tice contemplated in this section shall be given through one or more 
 newspapers published in said county, if any ba published therein, and 
 by at least one written or printed notice to be posted in each town- 
 ship. 
 
 SEC. 1699. After said election, the ballots on said question shall 
 
}Q SCHOOL LAWS OF IOWA. 
 
 be canvassed in the same manner as in the election for county offi- 
 cers; and if a majority of all the votes cast on said question shall be 
 in favor of establishing said school, the board of supervisors shall 
 immediately proceed to appoinj; six persons, who shall be residents of 
 the county, but not more than two of whom shall be residents of the 
 same township, who shall, with the county superintendent of com- 
 mon schools, constitute a board of trustees for said high school. 
 E ich of said trustees appointed as aforesaid shall hold his office un- 
 til his successor is elected and qualified, and shall be required, 
 within ten days after appointment, to qualify by taking the oath of 
 office, and giving such bond as may be required by the said board of 
 supervisors for the faithful discharge of his duties. 
 
 SEC. 1700. At the next general election after said appointment, 
 there shall be elected in said county six high school trustees, who 
 shall be divided into three classes of two each; each class to hold 
 their office one, two, and three years, respectively, and their respect- 
 ive terms to be decided by lot. And each year thereafter there shall 
 be two such trustees elected to succeed those whose term is about to 
 expire. And said trustees shall qualify and enter upon the duties of 
 their office in the same manner and at the same time as other county 
 officers. 
 
 SEC. 1701. The county superintendent shall, by virtue of his 
 office, be president of said board of trustees, and at the first meeting 
 in each year they shall appoint from their own number a secretary 
 and treasurer, who shall perform the usual duties devolving upon 
 such officers for the term of one year, or until their successors are 
 appointed to take their places. 
 
 SEC. 1702. At said meeting, or at some succeeding meeting called 
 for such purpose, said trustees shall make an estimate of the amount 
 of funds needed for building purposes, for payment of teachers' 
 wage?, and for contingent expenses, and they shall present to the 
 board of supervisors a certified estimate of the rate of tax required 
 to raise the amount desired for such purposes. But in no case shall 
 the tax for such purposes exceed in one year the amount of five mills 
 on the dollar on the taxable property of the couity, and, when the 
 tax is levied for the payment of teachers' wages and contingent ex- 
 penses only, shall not exceed two mills on the dollar. 
 
 SEC. 1703. The said tax shall be levied and collected in the same 
 manner as other county taxes, and when collected the county treas- 
 urer shall pay the same to the treasurer of the county high school, in 
 
SCHOOL LAWS OF IOWA. ]_]_ 
 
 the same manner that school funds are paid to the district treasurers 
 as required by law. 
 
 SEC. 1704. The said treasurer of the high school shall give such 
 additional bond as the board of trustees may deem sufficient, and re- 
 ceive all moneys from the county treasurer, and from other parties, 
 that belong to the funds of said school, and pay the same out only by 
 direction of the board of trustees, upon orders duly executed by the 
 president, countersigned by the secretary thereof, stating the purpose 
 for which they were drawn. Both the secretary and treasurer shall 
 keep an accurate account of all moneys received and expended for 
 said school; and at the close of each year, and as much oftener as 
 required by the board, they shall make a full statement of the finan- 
 cial affairs of the school. 
 
 SEC. 1705. The said board of trustees shall proceed as soon as 
 practicable after their appointment as aforesaid, to select the best 
 site, in accordance with the vote of the county, that can be obtained 
 without expense to the same, and the title thereof shall be vested in 
 said county. They shall then proceed to make such purchases of ma- 
 terial, and to let such contracts for their necessary school buildings, 
 as they may deem proper, but shall not make any purchase or con- 
 tract in any year to exceed the amount on hand, and to be raised by 
 the levy of tax that year. 
 
 SEC. 1706. When said board of trustees shall have furnished a 
 suitable building for the school, they shall employ some competent 
 teacher to take charge of the same, and furnish such assistant teachers 
 as they deem necessary, and provide for the payment of their salaries. 
 A? far as practicable model schools shall be encouraged; and advanced 
 students, and those preparing to become teachers, may be employed 
 a portion of their time in teaching the younger pupils, in order that 
 they may become familiar with the practice as well as theory of suc- 
 cessful school teaching, and also avoid, as far as practicable, the ex- 
 pense of employing other assistant teachers. 
 
 SEC. 1707. Tuition shall be free to all pupils of such school resid- 
 ing in the county where the same is located. The board of trustees, 
 however, shall make such general rules and regulations as they deem 
 proper in regard to age and grade of attainments essential to entitle 
 pupils to admission in the school. If there should be more applicants 
 than can be accommodated at any time, each district shall be entitled 
 to send its equal proportion of pupilp, according to the number of 
 pupils it may have, as shown by the last report to the county super- 
 
12 SCHOOL LAWS OF IOWA. 
 
 intendent of common schools. And the boards of the respective 
 school districts shall designate such pupils as may attend. 
 
 SEC. 1708. If, at any time, the school can accommodate more pupils 
 than apply for admission from that county, the vacancies may be 
 filled by applicants from other counties, upon the payment of such 
 tuition as the board of trustees may prescribe; but at no time shall 
 such pupils continue in said school to the exclusion of pupils belong- 
 ing in the county in which such high school is situated. 
 
 SEC. 1709. The principal of any such high school, with the ap- 
 proval of the board of trustees, shall make such rules and regulations 
 as he deems proper in regard to the studies, conduct and government 
 of the pupils under his charge, and if any such pupils will not con- 
 form to and obey the rules of the school they may be suspended or 
 expelled therefrom by the board of trustees. 
 
 SEC. 1710. The said board of trustees shall annually make a re- 
 port to the board of supervisors of their county, which shall specify 
 the number of students, both male and female, who have been in 
 attendance at the county high school during the year, the branches of 
 learning taught, the text-books used, the number of teachers em- 
 ployed, the amount of salary paid to them, the amount expended for 
 library and apparatus, and for buildings and all other expenses; also, 
 the amount of funds on hand, debts unpaid, and other information 
 deemed important or expedient to report. Said report shall be 
 printed in at least one newspaper in the county, if any is published 
 therein, and a copy of the report shall be forwarded to the state 
 superintendent of public instruction. 
 
 SEC. 1711. The board of supervisors shall have power to fill any 
 vacancy that may occur in the board of trustees of that county, by 
 appointment, until the next general election, and a majority of such 
 board of trustees shall be a quorum for the transaction of business. 
 
 SEC. 1712. The board of supervisors may allow each member of 
 the board of trustees the sum of two dollars per day for the time 
 actually employed in the discharge of his 'official duties, and when 
 such accounts are presented for payment they shall be audited and 
 paid out of the county treasury, in the same manner as other accounts 
 against the county, and said trustees shall not be entitled to any 
 further remuneration for services or expenses. 
 
SCHOOL LAWS OF IOWA. 
 
 SCHOOL DISTRICTS. 
 
 13 
 
 SECTION 1713. Each civil township now or hereafter organized, 
 and each independent school district organized as such prior to the 
 taking effect of this code, is hereby declared a school district for all 
 the purposes of this chapter, subject to the provisions hereinafter 
 made. 
 
 SEC. 17 14. When an organized district has been left without offi- 
 cers, the township trustees shall give such notice for a special elec- 
 tion of directors as is required in cases of regular district elections; 
 and the persons elected shall continue in office until their successors 
 are duly elected and qualified. 
 
 SEC. 1715. When changes in civil township boundaries are made, 
 or any district shall be divided into two or more entire townships for 
 civil purposes, the existing board of directors shall continue to act 
 for both or all the new districts, or parts of districts, until the next 
 regular district election thereafter, at which time the new district 
 township shall organize by the election of directors. The respective 
 boards of directors shall, immediately after such organization, make 
 an equitable division of the then existing assets and liabilities 
 between the old and new districts; and in case of a failure to agree, 
 
 SEC. 1713. The design of the law is that civil and district township boun- 
 daries shall coincide. When new civil townships are formed, the corres- 
 ponding changes in district township boundaries take effect at the next sub- 
 district election. Sections 1715 and 1796. 
 
 SEC. 1714. (a) In case the board is reduced below a quorum, by resigna- 
 tion or otherwise, the township trustees call a special election to fill the 
 vacancies. The ballots in such election, in independent districts, should in- 
 dicate in whose place the person voted for shall serve. 
 
 (b) In independent districts five notices shall be posted, as provided in 
 sections 1742 and 1801; in district townships three notices are required in 
 each subdistrict, as provided in section 1718. Note (6) to form 2. 
 
 SEC. 1715. (a) New district townships are not organized until the first 
 Monday in March after the election of officers of the civil townships. 
 
 (b) When subdistricts are divided by changes in civil township bounda- 
 ries, the boards should incorporate the several parts with other subdistricts, 
 or otherwise provide for such territory, so that all electors may vote at the 
 following subdistrict election; in the absence of such action the territory 
 properly belongs to the subdistrict which it adjoins, and the electors are en- 
 titled to vote therein. 
 
 (c) The boundaries of subdistricts lying wholly within the old or new dis- 
 tricts, are not affected by the division of civil townships. 
 
14 SCHOOL LAWS OF IOWA. 
 
 the matter be may decided by arbitrators, chosen by the parties in 
 interest. A similar division shall be made in case of the formation 
 or changes of boundaries of independent districts. 
 
 SEC. 1716. 5 very school district which is now, or may hereafter 
 be organized, is hereby made a body corporate by the name of the 
 "district township," or " independent district" (as the case may be), 
 
 (d) Five days before the time for the regular subdistrict election, first 
 Monday in March, written notices should be posted in three public places in 
 each subdistrict, in both the old and new townships, by the resident subdi- 
 rector; where there is no subdirector, by the secretary. Form 2, and notes. 
 
 (e) Assets include school- houses, sites and all other property and moneys 
 belonging to the district. Liabilities include all debts for which the district 
 in its corporate capacity is liable. In determining the assets, school prop- 
 erty should be estimated at its present cash value. 
 
 (/) Each fund should be divided separately between the districts, in pro- 
 portion to the last assessed value of the property, real and personal. Any 
 portion of the teachers' fund, however, derived from the semi annual appor- 
 tionment, should be divided in proportion to the number of poisons between 
 the ages of five and twenty-one years, according to the last enumeration. 
 
 (g) School-houses will usually become the property of the district in which 
 they are situated. If their value exceeds the amount justly due the district, 
 and there is not sufficient school-house fund on hand to equalize the divis- 
 ion, the board should fix the amount each district should receive or pay. 
 
 (h) An equitable arrangement mutually satisfactory to the parties in in- 
 terest will be in accordance with the] intent of the law. Any agreement 
 should be reduced to writing, and entered in the records of each district. 
 
 (i) The districts, after the division, which do not receive their just pro- 
 portion of school-house property, have a claim against those that do obtain 
 more than their due share. The last named are indebted to the first in the 
 difference. 36 Iowa, 216. 
 
 ( J) A simple and just method to dispose of unpaid and delinquent taxes, 
 also of all funds in the hands of the county treasurer, and not available, 
 section 1785, is to direct the payment of these funds in such manner that 
 taxes derived from any part of the territory shall be paid to the district to 
 which such territory will then belong. 
 
 (fc) If money is received by one which belongs to another, the rule is a 
 general one that the law implies a promise on the part of the receiver to pay 
 it over. Based upon this promise an action may be maintained for 
 its recovery. And this rule applies to corporations as to individuals. 11 
 Iowa, 506. 
 
 SEC. 1716. (a) In suits, contracts, and conveyances, the corporate name 
 should be strictly observed. 
 
 (6) A subdistrict is not a corporation, and hence can neither hold prop- 
 erty nor perform any corporate act. 
 
SCHOOL LAWS OF IOWA. 15 
 
 of , in the county of , 
 
 and in that name may hold property, become a party to suits and con- 
 tracts, and do other corporate acts. 
 
 .DISTRICT TOWNSHIP MEETING. 
 
 SECTION 1717. (As amended by Chap. 51, Laws of 1882.) Each 
 district township shall hold an annual meeting on the second Monday 
 in March, and the electors of the district, when legally assembled at 
 such meeting, shall have the following powers: 
 
 1. To appoint a chairman and secretary in the absence of the reg- 
 ular officers; 
 
 2. To direct the sale or other disposition to be made of any school- 
 house, or the site thereof, and of such other property, personal and 
 real, as may belong to the district; to direct the manner in which the 
 proceeds arising therefrom shall be applied; to determine what addi- 
 tional branches shall be taught in the schools of the district; or to 
 delegate any of these powers to the board of directors; and to author- 
 
 SEC. 1717. (a) District townships are authorized to hold only one meet- 
 ting in each year, except as provided by section 17171 The meeting cannot 
 be adjourned to another day. 
 
 (6) Ten days' previous notice of this meeting should be given by the dis- 
 trict township secretary, section 1742, but as the law fixes the day of the 
 meeting of the electors of the district township, and also of the subdistrict, 
 a failure to give full notice, or any notice at all, though a violation of law, 
 will not invalidate the proceedings of the meeting, if one is held at the 
 usual time and place. 10 Iowa, 212. 
 
 (c) The president and secretary are the regular officers of this meeting, 
 and should act as such if present. Sections 1739 and 1741. 
 
 (d) School-houses cannot tre sold without a previous vote of the electors, 
 but their action in voting a tax for the erection of a new school-house on 
 the old site givea the board authority to remove or dispose of the old house. 
 
 (e) The electors have no authority to instruct the board to loan money be- 
 longing to the district, nor to order money invested in government bonds. 
 
 (/) If the district township meeting direct that any additional branches 
 shall be taught in one or all of the schools in the district township, their 
 action is mandatory, and the board are bound to endeavor in good faith to 
 fulfill the wishes of the electors. 
 
 (g) All school-house taxes must be voted by the electors of the subdis- 
 trict, or district township; this power cannot be delegated to the board. 
 
 (h) The specific sum of money deemed necessary, and not a certain num- 
 ber of mills on the dollar, should be voted, except when a district lies in 
 
16 SCHOOL LAWS OF IOWA. 
 
 ize the board of directors to obtain at the expense of the district town- 
 ship, such highways as such board may deem necessary for proper 
 access to the school- house in their districts; 
 
 3. To vote such tax, not exceeding ten mills on the dollar in any 
 one year, on the taxable property of the district township, as the 
 meeting shall deem sufficient for the purchase of grounds and the 
 construction of the necessary school- houses, for the use of the district, 
 and for the payment of any debts contracted for the erection of 
 school- houses, and for procuring district libraries, and for obtaining 
 highways for access to school-houses; 
 
 4. To instruct the board of directors to transfer any surplus in the 
 school house fund, not appropriated, to either the contingent or 
 teachers' fund. 
 
 SEC. 1717. (Chap. 84, Laws of 1880.) When a school district, 
 by fire or otherwise, has been deprived of a school building, and the 
 board of directors of such district by the use of the powers in them 
 vested, are unable to provide for the continuance of the school 
 therein; then such board of directors shall call a meeting of such dis- 
 trict. 
 
 The manner of calling such meeting, and the powers of such meet- 
 ing, shall be as follows: 
 
 1. The board of directors shall cause to be posted in three public 
 places in such district, at least ten days prior to the designated time 
 
 two counties. Chap. 67, Laws of 1874. The per centum necessary to raise 
 this sum is determined by the board of supervisors. Sections 1777 and 1780. 
 
 (i) The electors may not vote, nor the board appropriate, money to pur- 
 chase text-books for the use of scholars. 
 
 (j) Money may be paid for the purchase t)f a district library only when 
 it has been voted for that purpose by the electors. 
 
 (k) Any other mingling of funds than provided for in subdivision four is 
 a violation of law. 
 
 (I) The vote of the electors upon any of the questions mentioned in this 
 section, may be taken by ballot, or viva voce, as the meeting shall direct. 
 But pains should be taken to have the more important matters presented to 
 the meeting when the attendance is largest. 
 
 (m) Failing to carry out Instructions from this meeting, the board may 
 be compelled by mandamus to show reason why they have not complied 
 with the request of the electors. 
 
 (n) Ihe electors frequently assume to do more than is granted them by 
 law. They have only such powers as are specifically named in the law. 
 
SCHOOL LAWS OF IOWA. ]_f 
 
 of holding such meeting, written notices of such meeting, in which 
 shall be stated the time and place of such meeting, and the object or 
 purpose for which the same is called. 
 
 2. The powers of such meeting shall be the same as is prescribed 
 in section 1717 hereof, except those powers which are set forth in 
 paragraph 2, after the word " applied " in the fourth line thereof, and 
 in paragraph 3, after the word "district" in the fifth line thereof. 
 
 SUBDISTBICT MEETING. 
 
 SECTION 1718. The several subdistricts shall, annually, on the first 
 Monday in March, hold a meeting for the election of a subdirector, 
 five days' notice of which meeting shall be given by the then resident 
 subdirector, or, if there is none, by the district secretary, posting a 
 written notice in three public places therein, and such notice shall 
 state the hour of meeting. 
 
 SEC. 1719. (As amended by Chap. 7, Laws of 1880.) At the meet- 
 ing of the subdistrict a chairman and secretary shall be appointed, 
 wJio shall act as judges of the election, and give a certificate of elec- 
 tion to the subdirector elect. When there is a tie vote between two 
 persons for the office of subdirector the secretary shall notify the sec- 
 retary of the district township board of such tie vote, and shall notify 
 said persons to appear at the regular meeting of the board on the 
 
 SEC. 1718. (a) No district township or subdistrict meeting shall organize 
 earlier than 9 A. M., nor adjourn before 12 M. Section 1789. The meeting 
 should not be called later than 6 p. M. The law contemplates at least three 
 hours for the election. Note (c) to section 1789. 
 
 (6) Any election by the people must be held on the day designated, and 
 officers must be elected by a single ballot. 
 
 (c) If subdistrict boundaries are in controversy by way of appeal, the 
 election for subdirectors should be made on the basis of the status of the 
 subdistricts on the day of election. 
 
 SEC. 1719. (a) The chairman and secretary are not required to qualify. 
 
 (&) A person who acts as chairman at a school election is entitled to hia 
 vote as much as any other elector. 
 
 (c) The election must be by ballot. Constitution, article 2, section 6. 
 
 (d) No minor, non-resident nor alien can take part in a meeting of elect- 
 ors. To be entitled to the right of suffrage a person must be a male citizen 
 of the United States, twenty-one years of age, a resident of the state six 
 months next preceding the election, and of the county sixty days. Consti- 
 tution, article 2, section 1. 69 Iowa, 368. 
 
 3 
 
Ig SCHOOL LAWS OF IOWA. 
 
 third Monday in March to determine the tie vote by Jot before one 
 or more members of the board elected, and the certificate of election 
 shall be given accordingly. Should either party fail to appear, or 
 take part in the lot, the secretary shall draw for him. 
 
 SEC. 1720. In all district townships comprising but one subdistrict 
 the board of directors shall consist of three subdirectors; and in all 
 district townships comprising but two subdistricts it shall consist of 
 one subdirector chosen from each subdistrict and one from tire dis- 
 trict township at large, who shall in both cases be elected in the man- 
 ner provided by law for the election of one subdirector from each 
 snbdistrict. The judges of the respective subdistrict elections shall 
 canvass the votes for subdirector chosen from the district township 
 at large, and shall issue a certificate of election to the person elected. 
 
 (e) The person receiving the greatest number of votes is elected, even 
 though he has not received a majority of all the votes cast. 
 
 (/) This section clearly provides how a tie vote shall be decided. 
 
 (g) The electors of a subdistrict may, at their regular meeting in March, 
 determine what amount is required for the erection of a school-house .in 
 said subdistrict. A sum, in the aggregate, may be voted, and the subdi- 
 rector must certify the same to the next district township meeting held 
 thereafter. Section 1778. Form 5. 
 
 (h) If the subdistrict does not wish to have a tax to build their house 
 levied upon themselves, they should simply prefer a request for a sufficient 
 amount to build a school house in their subdistrict, not naming any fixed 
 sum. Note (c) to form 3. 
 
 SEC. 1720. (a) Where there is but one subdistrict in a district township 
 the subdistrict meeting should be held at some central point, on the first 
 Monday in March, for the election of three subdirectors, five days' notice 
 of which should be given by the district secretary, as directed by section 
 1718; and another meeting will be held on the second Monday in March, as 
 provided by section 1717, the powers and duties of the two meetings being 
 entirely separate and distinct, the first being a subdistrict, the second a dis- 
 trict township meeting, 
 
 <&) The board of a district township cannot consist of less than three 
 members. If there are two subdistricts, the subdirector from the township 
 at large should be voted for at both meetings, and to avoid confusion, 
 tickets should specify: For subdirector, A. B.; For subdirector at large, 
 C. D. 
 
 (c) The failure or refusal of the proper officers to issue a certificate to a 
 person duly elected, cannot operate to deprive such person of his rights. 
 The certificate or commission is the best, but not the only evidence of an 
 election, and if that be refused secondary evidence is admissible. McCrary 
 on Elections, section 171. 
 
SCHOOL LAWS OF IOWA. 
 
 BOAED OF DIRECTORS. 
 
 19 
 
 SECTION 1721. (As amended by Chap. 27, Laws of 1874.) The 
 subdirectors of the several subdistricts shall constitute a board of di- 
 rectors for the district township, and shall enter upon their duties 
 upon the day fixed for the regular meeting of the board in March, ^t 
 which time they shall organize by electing from their own number a 
 president, who shall simply be entitled to a vote as a member of the 
 board; and from the district township at large, at their regular meet- 
 ing on the third Monday of September in each year, a secretary and 
 a treasurer, unless there are at least five subdirectors in the district 
 township, in which case they may be selected from the board; and 
 said secretary and treasurer thus elected shall qualify and enter upon 
 the duties of their respective offices within ten days following the 
 date of their election. If selected from the district township at large 
 they shall *have no vote in the proceedings of the board. 
 
 SEC. 1721. (a) The right or title to hold office cannot be determined by 
 an appeal to the county superintendent, The proper remedy for any person 
 aggrieved by the action of the board relating thereto is a petition to the dis- 
 trict court, under sections 3345-3352, Code. 
 
 (6) Directors continue in office until the third Monday in March and 
 until their successors are elected and qualified. 
 
 (c) It is quite customary for the outgoing board to meet on the third 
 Monday in March and complete all their work, and for the new board to 
 organize immediately thereafter. The legality or propriety of their doing 
 so has never been questioned. 
 
 (d) Business done by the new board on the second Monday of March is 
 void, because their term of office does not begin until the third Monday in 
 March. All such business done, including the re-organization, should be 
 re-enacted at a subsequent meeting to make it legal, 
 
 (e) A member or officer of the board must have the qualifications of an 
 elector, if a male; but no person shall be deemed ineligible, by reason of 
 sex, to any school office. Chapter 136, laws of 1876 
 
 ( f) A president whose term as director has expired may take no further 
 part in the board, even though a new president has not been chosen. 
 
 (g) When the treasurer is chosen from the board, under section 1721, his 
 ceasing to be a member of the board in March does not terminate his rela- 
 tion as treasurer of the district until September following. 
 
 (h) Where the law requires a certain duty to be performed by the board 
 upon a fixed day, as for instance the election of a secretary and a treasurer, 
 an adjournment of the meeting to another fixed date will allow the trans- 
 action of the business directed to be done on the day of the regular meeting. 
 
20 SCHOOL LAWS OF IOWA. 
 
 SEC. 1722. (As amended by Chap. 176, Laws of 1880.) The board 
 of directors shall hold their regular meetings on the third Monday in 
 March and September of each year; and may hold such special meet- 
 ings as occasion may require, at the call of the president, or by re- 
 quest of a majority of the board; provided that the board of directors 
 of a district township may hold their meetings at any place within 
 the civil or district township in which such district township is sit- 
 uated. 
 
 SEC. 1723. They shall make all contracts, purchases, payments, 
 and sales necessary to carry out any vote of the di&trict, but before 
 
 (i) No person may hold two offices of the board at the same time. 
 (j ) A person cannot remain an officer or member of the board and reside 
 in another district, even though in the same civil township. 
 
 SEC. 1722. (a) Section 1738 provides that a majority of the board shall 
 constitute a quorum. 
 
 (6) Any duty imposed upon the board as a body must be performed at a 
 regular or special meeting, and made a matter of record. 
 
 (c). The consent of the board to any particular measure, obtained of in- 
 dividual members when not in session, is not the act of the board, and is 
 not binding upon the district. 47 Iowa, 11. 
 
 (d) If a contract is made without authority from the board, the indi- 
 viduals making such contract are personally liable. 
 
 (e) Special meetings should be convened by a written call, signed either 
 by the president or a majority of the members, and each member should be 
 duly notified of the purpose of the meeting, as far as known. 
 
 (/) This section authorizes the board of a district township to hold 
 meetings in an independent district within the same civil township. 
 
 SEC. 1723. (a) It is the duty of the board to make contracts for the 
 erection of school-houses, when the means have been provided by the elec- 
 tors. Forms 6, 7 and 8. 
 
 (6) No member has authority to make a contract in behalf of the district, 
 except under specific instructions of the board. 
 
 (c) If the subdirector is appointed a committee to contract, it should be 
 with certain limitations, and the contract must be reported to the board for 
 approval, as provided by section 1753. 
 
 (d) If members or officers of the board intentionally violate law they 
 become personally liable. Iowa Reports, 14, 510; 17, 15$ 24, 337, and 38, 47. 
 
 (e) If an agent makes a valid contract without authority, he is himself 
 bound thereby. 37 Iowa, 314. But a contract made by the board does not 
 bind the members personally when they do not put their official title to their 
 signatures, biJb the district is bound. Iowa Reports, 7, 509; 11, 82, 
 
SCHOOL LAWS OF IOWA. 21 
 
 erecting any school-house they shall consult with the county superin- 
 tendent as to the most approved plan of such building. And all 
 school-houses erected or repaired at a cost exceeding three hundred 
 dollars, shall be so erected or repaired by contract, and no such con- 
 tract for labor or materials shall be let until proposals for the same 
 shall have been invited by advertisement for four weeks in some news- 
 paper published in the county where the work is to be done, if there 
 
 (/) Contracts made in violation of the terms of this section are illegal. 
 Their fulfillment may be prevented by in j unction. 
 
 (g) Before making a contract great pains should be taken to obtain the 
 best possible plan for the building. On this point the law requires consul- 
 tation with the county superintendent. 
 
 (h) Contracts for the erection or repair of school-houses, or for material 
 for the same, exceeding $300, cannot be entered into until proposals have 
 been published at least twenty-eight days. Repairs include furniture. 
 
 (i) After the contract is executed, it should be changed with caution, or 
 the sureties may be released. 60 Iowa, 98. 
 
 (j) The board cannot be required to commence the construction of a 
 house until means to a reasonable extent have been provided. 
 
 (fc) Unappropriated school-house funds may be disposed of by the 
 electors, under section 1717, for improvements, such as fencing school- 
 house sites, providing wells, etc., or the same may be transferred to either 
 the teachers' or contingent fund, and the board, under section 1723, are re- 
 quired to carry out the vote of the electors. 
 
 (I) The district may not form a partnership with any other party in the 
 building of a school-house. This does not prevent the receiving of dona- 
 tions and granting privileges under notes (g) and (i) to section 1753. 
 
 (m) A board may bind a corporation by contracts entered into after the 
 election of their successors and before their qualification. But they may 
 not, unnecessarily make contracts to extend beyond their term. 87 111 1 ., 255. 
 
 (n) While instances may occur in which the interests of the district will 
 be subserved by making contracts with teachers and others, which will not 
 expire for months after a change of officers, courtesy as well as justice dic- 
 tates the impropriety ot making contracts the execution of which will em- 
 barrass successors in office. Ordinarily the new board should make con- 
 tracts only for the year daring which they serve. 
 
 (o) The force and effect of any motion adopted by the board does not 
 terminate with a change of officars or members, but remains in force until 
 repealed. 35 Iowa, 361. 
 
 (p) A board may ratify or adopt such acts of officers de facto as the law 
 would permit officers dejure to perform. 
 
22 SCHOOL LAWS OF IOWA. 
 
 be one published therein, if not, in the nearest newspaper in an ad- 
 joining county; and such contract shall be let to the lowest respon- 
 sible bidder, and bonds with sufficient sureties for the faithful per- 
 formance of the contract shall be required. 
 
 SBC. 1724. They shall fix the site for each school-house, taking 
 into consideration the geographical position and convenience of the 
 people of each portion of the subdistrict, and shall determine what 
 
 (q) Boards should not involve the district in an indebtedness for the erec- 
 tion of school-houses, by contracts, or the issue of orders to exceed the 
 amount voted by the electors. 
 
 (r) District townships have no authority to issue bonds or other evi- 
 dences of indebtedness for the purpose of borrowing money. 
 
 (s) No district can become indebted in any manner, or for any purpose, 
 to an amount, in the aggregate, exceeding five per cent on the value of its 
 taxable property. Constitution, article 11, section 3. 
 
 (t) Any unappropriated school-house fund in the district treasury may be 
 used for the erection or repair of school-houses, at the discretion of the 
 board, without action of the electors. 
 
 (M) Chapter 146, laws of 1882, as amended, confers upon all boards the 
 right to insure school property. This duty should not be neglected. 
 
 (v) ' District property is exempt from general taxation, section 797, Code; 
 from execution, section 3048, Code; from garnishment, section 2976, Code; 
 and mechanic's lien, 54 Iowa, 81. 
 
 (w) Sometimes a district desires to maintain a better or different fence 
 than can be required of the party joining. In such cases it is quite cus- 
 tomary for districts to build the whole fence. 
 
 (x) There is no provision of law for condemning land for a school road. 
 The law authorizes the board to purchase land and to levy a tax for that 
 purpose. If the land cannot be procured by contract, the road may be es- 
 tablished in the same manner and by the proceedings provided for the estab- 
 lishment of highways, and when the damages have been assessed, the dis- 
 trict may pay the same. 
 
 (y) The local board of health have undoubted right under chapter 151, 
 section 16, laws of 1880, to condemn and close for use as a school-house a 
 building believed by them to be unfit for such purpose. 
 
 (z) A lightning rod may be supplied as a part of a new house, and paid 
 for from the school-house fund. 51 Iowa, 432. 
 
 SEC. 1724. (a) The power to locate sites for school-houses is vested, orig- 
 inally, exclusively in the board. This authority should be exercised with 
 great care, and without prejudice. The wishes of the people, for whom the 
 house is designed, should be consulted as far as practicable, taking into ac- 
 count the prospective as well as the present convenience of the subdistrict. 
 
SCHOOL LAWS OF IOWA. 28 
 
 number of schools shall be taught in each subdistrict, and for what 
 additional time beyond the period required by law they shall be con- 
 tinued during each year. 
 
 SEC. 1725. (As amended by Chap. 109, Laws of 1876, and Chap. 
 125, Laws of 1886.) They shall determine where pupils may attend 
 school, and for this purpose may divide their district into such sub- 
 districts as may by them be deemed necessary; provided that no such 
 subdistrict shall be created for the accommodation of less than fifteen 
 pupils, but the board of directors shall have power to rent a room 
 and employ a teacher for the accommodation of any ten scholars;, 
 provided further that nothing in this chapter contained shall be con- 
 strued to prohibit the construction of as many school-houses, out of 
 
 (I) The power of the board to fix the site carries with it the power to re- 
 locate that site. 68 Iowa, 161. The exercise of this power is a proper and 
 necessary adjunct of power to make alterations in subdistrict boundaries. 
 An extension of settlements frequently changes the centers of population 
 and necessitates a change of subdistrict boundaries, and the removal of 
 school-houses to central localities in the new subdistricts. 23 Iowa, 408. 
 
 (c) A site near the center of the subdistrict should be chosen, unless con- 
 trolling circumstances indicate a different selection. The site should con- 
 tain not less than one acre of ground, ordinarily. 
 
 (d) Every new site, taken under section 1825, must be selected on some 
 public highway, at least forty rods from any residence, the owner whereof 
 objects to its being placed nearer, and not in any orchard, garden, or public 
 park; except in incorporated towns or cities. Section 1826. Boards may re- 
 build on sites without consent of owners of residences within forty rods. 
 
 (e) The provisions of section 1825 do not apply in cases where the site ia 
 purchased. S. L. Decisions, 135. 
 
 (/) The case of Randall v. Dist. Twp. Lincoln, S. L. Decisions, 84, is under- 
 stood to mean that the board would expect to be again reversed on appeal, 
 if making a location without a better reason than existed when the former 
 action was taken. 70 Iowa, 338, and S. L. Decisions, 139. 
 
 (g) Since a change of boundaries between subdistricts does not take effect 
 until the subdistrict meeting in March, the board may not move the school- 
 house to accommodate the proposed new subdistrict until after that time. 
 
 (h) As regards the length of time during which schools are to be taught 
 in each subdistrict, twenty-four weeks is the minimum. Section 1727. The 
 maximum is unlimited, except as by section 1780, providing a limit to the 
 amount of taxes for contingent and teachers' fund. 
 
 SEC. 1725. (a) All changes in subdistrict boundaries must be made in 
 strict conformity with sections 1738 and 1796. 
 
24 SCHOOL LAWS OF IOWA. 
 
 moneys derived from taxes levied previous to January 1, 1876, in any 
 subdistrict where the subdistrict comprises the entire district town- 
 ship, as shall have been authorized and provided for at the annual 
 meeting of the district township electors. 
 
 SEC. 1726. They may establish graded or union schools wherever 
 they may be necessary, and may select a person who shall have the 
 
 (6) The words pupils and scholars, as used in this section, mean persons 
 between the ages of five and twenty-one years. 
 
 (c) All of a district township must be included in some subdistrict. 
 
 (d) A subdistrict is not a corporate body and has no financial claims, nor 
 can it be held liable for debts, except as a part of the district township. 
 
 (e) The board may discontinue or abolish a subdistrict by a re-adjust- 
 ment of boundaries, taking effect in March following. Section 1796. 
 
 (f) No change in boundaries may be made by the board which leaves any 
 subdistrict with less than fifteen persons of school age. 
 
 (g) In an organized subdistrict, even though there are not fifteen persons 
 of school age, a school must be held, unless the board are excused by the 
 county superintendent. Section 1727. 
 
 (h) The board cannot provide an extra school for a less number than ten 
 persons of school age. 
 
 (i) There is nothing in law to prevent the erection of more than one school- 
 house in a subdistrict. 69 Iowa, 533. 
 
 SEC. 1726. (a) A graded school, open to the older and more advanced 
 scholars from every subdistrict, may be advantageously established at some 
 central point in the district township. 
 
 . (&) The law does not prescribe the branches that shall be taught in the 
 public schools, further than to require all teachers to be qualified to teach 
 certain branches enumerated in section 1766. 
 
 (cj In the absence of instruction by the electors, the board should decide 
 what branches besides those in a teacher's examination, shall be taught. 
 
 (d) Boards are empowered by virtue of the authority to establish graded 
 schools, and of the general supervisory and discretionary powers with which 
 they are invested, to prescribe courses of study and branches to be taught 
 in the schools of their district. 
 
 (e)^It is very desirable that boards, county superintendent and teachers 
 should work together in efforts to classify and harmonize the work to be 
 done rn the ungraded schools. Much may be accomplished by concert of 
 action in carrying forward some uniform method of classification and in- 
 struction. 
 
 (f ) A course of study should be prescribed by the board in every district, 
 to which the electors may add additional branches, by section 1717. 
 
SCHOOL LAWS OF IOWA. 25 
 
 general supervision of the schools in their district, subject to the 
 rules and regulations of the board. 
 
 SEC. 1727. In each subdistrict there shall be taught one or more 
 schools Sor the instruction of youth between the ages of five and 
 twenty-one years, for at least twenty-four weeks, of five school days 
 each, in each year, unless the county superintendent shall be satisfied 
 that there is good and sufficient cause for failure so to do. Any per- 
 son who was in the military service of the United States during his 
 minority shall 'be admitted into the schools of the subdistrict in 
 which he may reside on the same terms on which youths between the 
 ages of five and twenty-one are admitted. 
 
 (g) It is not within the province of individual parties to demand instruc- 
 tion outside the branches usually taught. 
 
 (h) If it is understood that the principal of a school has charge of other 
 rooms besides his own, he has the same power in managing the children that 
 is by law given to other teachers. 
 
 SEC. 1727. (a) Unless the C3unty superintendent finds it quite impracti- 
 cable that a school should be held, and releases the board, they are required 
 by the law to provide a school in every subdistrict. 
 
 (6) The board may establish more thau one school in a subdistrict if nec- 
 essary for the accommodation of the children, subject to the limitations 
 contained in sections 1725 and 1780. 70 Iowa, 102. 
 
 (c) Under section 1724, the board have power to provide for a longer 
 period of school than twenty-four weeks; this increase of time does not ap- 
 ply to the extra schools granted. 
 
 (d) When two school-houses are within the same district, or subdistrict, 
 a school of three months in each, held at the same time, does not fulfill the 
 requirements of the law that a school of at least twenty-four weeks shall be 
 taught in each subdistrict. 
 
 (e) The school year for school purposes should be regarded as beginning 
 on the third Monday in March, when a new board enter upon their duties. 
 
 (f) All the youth of the state from five to twenty-one years of age, irre- 
 spective of religion, race or nationality, are entitled to the same school 
 facilities. While schools may be graded according to the proficiency of pu- 
 pils, no discrimination, such for instance as requiring colored pupils to 
 attend separate schools, can be enforced. 24 Iowa, 266. 
 
 (g) Persons over twenty-one years of age are not entitled to the benefits 
 of the public schools, except as provided in the latter part of this section. 
 If, however, the school is not full, they and non-residents may be admitted, 
 in the discretion of the board, upon such terms as the board may prescribe. 
 
 (ft) Children under five years of age will be more in j ured by the confine- 
 ment than benefited by the instruction. They cannot claim the advantages 
 of the school, and should not be admitted. 
 4 
 
26 SCHOOL LAWS OF IOWA. 
 
 SEC. 1728. The board of directors of any district township or in- 
 dependent district shall not order, or direct, or make any change in 
 the school-books or series of text-books used in any school under their 
 superintendence, direction, or control, more than once in every period 
 of three years, except by a vote of the electors of the district town- 
 ship or independent district. 
 
 SEC. 1729. They may use any unappropriated contingent fund in 
 the treasury to purchase records, dictionaries, maps, charts, and appa 
 ratus for the use of the schools of their districts, but shall contract 
 no debts for this purpose. 
 
 SEC. 1730. They shall appoint a temporary president and secretary 
 in case of the absence of the regular officers, and shall fill any vacancy 
 
 SEC. 1728. (a) This section only implies the power of the board to adopt 
 text-books for their schools, but to avoid the great variety of text-books 
 used in the schools and too frequent changes of the same, we think the 
 board should exercise their authority by adopting text-books, having due 
 regard to those in common use. 
 
 (b) The change of any one text-book in the school does not prevent the 
 board from changing any or all other books at a subsequent time. Neither 
 subdirector nor teacher has authority to change text-books. 
 
 (c) The electors may not vote, nor the board appropriate, money for the 
 purchase of text-books for the use of the district. 
 
 (d) The board are not prohibited from buying text-books and selling 
 them to scholars at cost, if choosing to do so on their own responsibility. 
 
 SEC. 1730. (a) A vacancy can be created only by death, removal, resigna- 
 tion, or failure to elect at the proper election, there being no incumbent to 
 continue in office. Section 781, Code. A failure to elect or qualify does not 
 create a vacancy, for the incumbent, whether elected or appointed, contin- 
 ues in office until his successor is elected and qualified . flection 784, Code. 
 If the incumbent does not qualify in the time fixed by the board, a vacancy 
 exists. Sections 690 and 686, Code. 
 
 (6) A change in the boundaries of subdistricts does not create a vacancy, 
 for changes do not take effect until the next subdistrict election. Section 
 1796. If a subdistrict is divided, so as to form a new one, the subdirector 
 will continue to act as though no change had been made, until the expira- 
 tion of his official term. 
 
 (c) If a person without the requisite qualifications, is elected a member 
 of the board and acts with the board, being a member de facto, his acts will 
 be valid; but when his disqualification becomes known, the board should 
 declare the place vacant and appoint his successor. 23 Iowa, 96. 
 
 (d) School directors may resign at any time. A verbal resignation may 
 be tendered to the board when in session, or a written resignation may be 
 
SCHOOL LAWS OF IOWA. 2T 
 
 that may occur in the office of president, secretary, or treasurer, or in 
 the board of directors. 
 
 SEC. 1731. They shall require the secretary and treasurer to give 
 bonds to the district in such penalty and with such security as they 
 may deem necessary to secure the district against loss, conditioned 
 for the faithful performance of their official duties. The bonds shall 
 be filed with the president, and in case of a breach of the conditions 
 thereof he shall bring suit thereon in the name of the district town- 
 ship or independent district. 
 
 SEC. 1732. They shall, from time to time, examine the accounts of 
 the treasurer and make settlement with him; and shall present, at 
 
 handed to some member to be presented at a subsequent meeting, for ac- 
 ceptance by the board. No one can be compelled to serve against his wishes^ 
 
 (e) When a director habitually neglects the duties of his office, he may 
 be compelled by mandamus to perform them. 
 
 (/) Boards have no authority to remove any member or officer of the 
 board. Such removal may be made only by the courts as provided by sec- 
 tions 746-750, Code. 
 
 (g) In case the board is reduced below a quorum by resignation, or other- 
 wise, the township trustees must call a special election to fill the vacancies, 
 as provided by section 1714. 
 
 SEC. 1731. (a) The law requires all official bonds to be secured by at least 
 two sureties, who are freeholders, and whose aggregate property is double 
 the amount of the bond; the oath of office to be subscribed on the back of 
 the bond, or attached thereto, and the sureties to make affidavit that they 
 are worth the amount named in the bond. Sections 249, 250, 675 and 679, 
 Code. Form 10. 
 
 (6) As the bonds of the secretary and treasurer must be approved by the 
 board, no member should become surety for these officers. 
 
 (c) Any officer whose duty it is to give bonds for the proper discharge of 
 the duties of his office, and who neglects so to do, is guilty of a misdemeanor, 
 and is liable to a fine. Section'684, Code. 
 
 (d) A board approving bonds which they know to be insufficient, do not 
 discharge the duty incumbent upon them, and are liable under section 3965, 
 Code, on a charge of misdemeanor. Iowa Reports, 14, 510; 18, 163. 
 
 SEC. 1732. (a) The interest and protection of the tax-payers require that 
 such settlement should be made at least twice a year, and more frequently 
 if deemed necessary, and the settlement at the end of the term requires that 
 the funds and property shall be produced and fully accounted for, and that 
 tbese facts' should be indorsed upon the bond of; the treasurer, if he is re- 
 elected. Section 690, Code,* quoted in note (d) to section 1751. 69 Iowa, 269. 
 
28 SCHOOL LAWS OF IOWA. 
 
 each regular meeting of the electors of the district township, a full 
 statement of the receipts and expenditures of the district township, 
 and such other information as may be deemed important. 
 
 SEC. 1733. They shall audit and allow all just claims against the 
 district, and fix the compensation of the secretary and treasurer, and 
 no order shall be drawn on the treasury until the claim for which it 
 is drawn has been audited and allowed. 
 
 SEC. 1734. They shall visit the schools in their district, and aid 
 the teachers in establishing and enforcing the rules for the govern- 
 ment of the schools, and see that they keep a correct list of the pupils, 
 embracing the periods of time during which they have attended 
 
 (6) This section contemplates that a full report of the affairs of the dis- 
 trict shall be made by the board at each annual meeting of the electors. 
 This work appropriately devolves upon the president, unless the board desig- 
 nate some other member. When practicable, the report should be pub- 
 lished. 
 
 SEC. 1733. (a) All demands, whether by contract or otherwise, must be 
 approved by the board when in session, before an order may be drawn on the 
 treasury, and no officer should draw an order unless he is authorized to do 
 so by a vote of the board, at a regular or special meeting. 
 
 (6) Only the secretary and treasurer may receive compensation for the 
 discharge of duties required by law. Section 1738. 
 
 (c) It is the duty of the board to examine all contracts for the employ- 
 ment of teachers, and the construction of school-houses, or for any other 
 purpose, and to see that the stipulations have been complied with, before 
 they authorize the payment of money thereon. 
 
 (d) The board may authorize the president and secretary to draw war- 
 rants for the payment of teachers' salaries at the end of each school month, 
 upon proper evidence that the service has been performed, but the order for 
 wages for the last month should not be drawn until the report required by 
 section 1760 is filed in the office of the secretary. 
 
 (e) School orders issued without a vote of the board or otherwise illegally 
 issued, although they may be signed by the president and countersigned by 
 the secretary, are not binding upon the district; neither can they acquire 
 validity by being transferred to third parties. If illegal when issued, they 
 are illegal forever. 19 Iowa, 199 and 248. 
 
 (f) An order is not a negotiable paper. It is subject to all equities and 
 defenses to which it would have been subject in the hands of the payee. 29 
 Iowa, 339. 
 
 SEC. 1734. (a) Boards have entire control of the public schools of their 
 district and the teachers employed therein. The board may establish such 
 
SCHOOL LAWS OF IOWA. 29' 
 
 school, the branches taught, and such other matters as may be re- 
 quired by the county superintendent. In case a teacher employed in 
 any of the schools of the district township is found to be incompe- 
 tent, or is guilty of partiality or dereliction in the discharge of his 
 duties, or for any other sufficient cause shown, the board of directors 
 may, after a full and fair investigation of the facts of the case, at" a 
 meeting convened for the purpose, at which the teacher shall be per- 
 mitted to be present and make his defense, discharge him. 
 
 SEC. 1735. The majority of the board in independent districts 
 shall have power, with the concurrence of the president of Lhe board 
 
 rules and regulations for the government of teachers and pupils, consistent 
 with law, as the interests of the schools require. S. L. Decisions, 130. 
 
 (b) The teacher is the agent of the board, and rules made and enforced 
 by the teacher with either the formal or tacit consent of the board, are in 
 effect the rules of the board. 
 
 (c) It is the duty of the teacher, under the direction of the board, to de- 
 termine what branches shall be pursued by each pupil. 
 
 (d) Without special mention in the teacher's contract, it is understood 
 that only the common branches are expected to be taught. 
 
 (e) It is competent for boards to provide by rules that pupils may be sus- 
 pended from the schools in case they shall be absent or tardy a certain num- 
 ber' of times within affixed period, except for sickness or other unavoidable 
 cause. 31 Iowa, 562. 
 
 (/) The rules adopted by the board remain and continue in force until 
 repealed. 35 Iowa, 361. 
 
 (gf) The board of any district have the right to include music, drawing, 
 or any other study, in the course of study for their schools. Section 1766. 
 
 (h] Boards may dismiss teachers only for good cause shown. In case the 
 board pass an order to dismiss, the material reason therefor should be 
 spread upon the record; for, while in case of contest, these reasons would 
 not be conclusive against the teacher, the board would be estopped from 
 presenting other reasons than those named in the record. 
 
 (i) When a teacher is unjustly dismissed, an appeal may be taken from 
 the action of the board in dismissing him, but a suit at law must be brought, 
 if he seeks to recover his pay upon the contract. The teacher should be 
 paid only to the date of legal dismissal. 
 
 (j) In the trial of a teacher, when it is sought to dismiss him, all the 
 provisions of section 1734 must be strictly complied with. The board may 
 not prevent the teacher from making a full defense, and the teacher may 
 appear by attorney, or otherwise, as he chooses. S. L. Decisions, 120. 
 
 SEC. 1735. (a) If the effects of acts done out of school hours reach 
 within the school-room during school hours, and are detrimental to good 
 
30 SCHOOL LAWS OF IOWA. 
 
 of directors, to dismiss or suspend any pupils from the school in 
 their district for gross immorality or for a persistent violation of the 
 regulations or rules of the school, and to re admit them if they deem 
 proper so to dp. 
 
 SEC. 1736. They shall at their regular meeting in March of each 
 year; require the secretary to file with the county superintendent, 
 county auditor and county treasurer, each, a certificate of the election, 
 qualification and post-office address of the president, treasurer, and 
 secretary of the district township, and to advise them from time to 
 time of any changes made in said offices by appointment. 
 v SEC. 1737. They shall make such rules and regulations as may be 
 necessary for the direction and restriction of subdirectors in the dis- 
 charge of their official duties, and not inconsistent with law. 
 
 order and the best interests of the pupils, it is evident that such acts may 
 be forbidden. 31 Iowa, 562. 
 
 (b) The board will be justified in refusing to permit the attendance of a 
 pupil whose parent will not consent that he shall obey the rules of the 
 school. 50 Iowa, 145; S. L. Decisions, 130. 
 
 (c) A board may not adopt a rule which will deprive a child of school 
 privileges, except as a punishment for breach of discipline or an offense 
 against good morals. 66 Iowa, 476. 
 
 (d) A careful investigation of the charges against the scholar should be 
 made before he is dismissed. Section 1756, and notes. 
 
 (e) The board may exclude children coming from houses where there are 
 contagious diseases; and may also enforce a rule that children not vaccina- 
 ted shall be excluded. 
 
 SEC. 1736. It is very important that the secretary should file the certifi- 
 cate with the county officers named, immediately after the regular meetings 
 of the board in March and September, otherwise funds belonging to the 
 district may be paid to persons not authorized to receive them. Whenever 
 a change is made the county officers should be notified. Form 11. 
 
 SEC. 1737. These rules should be carefully prepared, adopted by the 
 board and recorded, and each subdirector should be furnished with a copy. 
 They may properly provide all restrictions, not in conflict with law, which 
 the board may see fit to adopt for the guidance of subdirectors. They may 
 direct that a subdirector may not teach his own school; that no contracts 
 shall be made by him which do not expire with the school year; and that he 
 may not engage a near relative as teacher unless he has obtained the previ- 
 ous consent of a majority of the board, nor employ any teacher to whom a 
 majority of the electors or patrons object in writing. Section 1753, and 
 notes. . 
 
SCHOOL LAWS OF IOWA. 3^ 
 
 SEC. 1738. A majority of the board of directors shall be a quorum 
 to transact business, but a less number may adjourn from time to 
 time, and no tax shall be levied by the board after the third Monday 
 in May; nor shall the boundaries of subdistricts be changed except 
 by a vote of the majority of the board, nor shall the members of the 
 board, except its secretary and treasurer, receive pay out of any 
 school funds for services rendered under this chapter. 
 
 PRESIDENT. 
 
 SECTION 1739. (Amended by Chap. 46, Laws of 1882.) The presi- 
 dent shall preside at all meetings of the board of directors of inde- 
 pendent districts and of the district townships, shall draw all drafts 
 on the county treasury for money apportioned to his district, sign all 
 orders on the treasury, specifying in each order the fund on whith it 
 
 SEC. 1738. (a) As to the proper course to pursue when the board is re- 
 duced below a quorum, see note (g] to section 1730. 
 
 (6) In the absence of a direct provision of law, or of a by-law requiring 
 a majority vote of all the board, or one providing that the highest vote will 
 carry., or a rule imposing some other limitation upon the board, a majority 
 of the votes cast, a quorum being present, will carry a measure. 
 
 (c) Our supreme court have held that the provision of this section, that 
 no tax shall be levied by the board after the third Monday in May, is man- 
 datory, and that a tax voted after that time is void. This decision renders 
 it essential that boards act promptly, and see that all taxes are voted within 
 the time required by the law. Section 1777. 
 
 (d) A change of subdistrict boundaries is illegal and void, unless made 
 by a majority of the whole 'board. 
 
 (e) Any compensation paid to any other member of the board than the 
 secretary and treasurer, for the performance of official duties, is in direct op- 
 position to the law, and an open violation of the oath of office. For loca- 
 ting sites, or receiving buildings on the completion of contracts, they clearly 
 cannot receive pay. 
 
 SEC. 1789. (a) The president of the board must take the oath of office ac- 
 cording to article 11, section 5, of the Constitution of Iowa. 
 
 (b) The president has the right to vote on all questions coming before the 
 board. If by such vote a tie is produced, the motion is lost. Sections 1721 
 and 1802, notes. 
 
 (c) The president may sign no order on the district treasury except by 
 authority of the board. Section 1733 and notes, and section 1741, notes (h) 
 and (t). 
 
 (d) The president may not act as secretary or treasurer of the board. 
 
32 SCHOOL LAWS OF IOWA. 
 
 is drawn and the use for which the money is appropriated, and shall 
 sign all contracts made by the board, and shall be empowered to ad- 
 minister the oath of office to the secretary, treasurer, and members of 
 the board. '* 
 
 SEC. 1740. He shall appear in behalf of his district in all suits 
 brought by or against the same, but when he is individually a party, 
 this duty shall be performed by the secretary; and in all cases where 
 suits may be instituted by or against any of the school officers to 
 enforce any of the provisions herein contained, counsel may be em-i 
 ployed by the board of directors. 
 
 SECRETARY. 
 
 SECTION 1*741. The secretary shall record all the proceedings of 
 the board and district meetings in separate books kept for that pur- 
 pose; shall preserve copies of all reports made to the county super- 
 intendent; shall file all papers transmitted to him pertaining to the 
 business of the district; shall countersign all drafts and orders drawn 
 by the president, and shall keep a register of all orders drawn on the 
 
 (e) In the absence of the president, or when he refuses to discharge the 
 proper duties of his office, a temporary president may be appointed, who 
 during the time he is acting as president, may sign orders and contracts, and 
 do all other acts proper to be done by the president, but is not authorized to 
 act except when the board is in session. 
 
 (/) To be valid, an order must express upon its face the fund upon which 
 it is drawn, and the purpose for which it was issued. 
 
 (g) An order of the board cannot be considered as officially transmitted, 
 unless signed by the president, as well as by the secretary. 
 
 (h) The failure of an officer to attach his official title to his signature, 
 will not affect the instrument so far as the district is concerned, provided 
 the writing was authorized, and made for the district, and this fact can be 
 shown. Iowa Reports, 7, 509; 11, 82. 
 
 SEC. 1740. (a) The expenses in suits provided for by this section should 
 be paid from the contingent fund. 
 
 (&) Appeals to the county superintendent or superintendent of public in- 
 struction, are not suits brought by or against the district, nor are they suits 
 brought by or against any of the school officers, within the meaning of the 
 law, and no charge can be made against ,the district for attorney fees. 36 
 Iowa, 411. 
 
 SEC. 1741. (a) It is essential that the record of the proceedings of the 
 board and district meetings should be properly 'kept. Every transaction 
 should be carefully noted, and the proceedings read and approved. 
 
SCHOOL LAWS OF IOWA. 33 
 
 treasury, showing the number of the order, date, name of the person 
 in whose favor drawn, the fund on which it is drawn, for what pur 
 pose and the amount; and shall, from time to time, furnish the 
 treasurer with a transcript of the same. 
 
 SEC. 1742. He shall give ten days' previous notice of the district 
 township meeting by posting a written notice in five conspicuous 
 places therein, one of which shall be at or near the last place of meet- 
 ing, and shall furnish a copy of the same to the teacher of each school 
 in session, to be read in the presence of the pupils thereof, and such 
 notice shall, in all cases, state the hour of meeting. 
 
 SEC. 1743. He shall keep an accurate account of all the expenses 
 incurred by the district, and shall present the same to the board of 
 directors, to be audited and paid as herein provided. 
 
 (b) The registry of orders is an important matter. Every order drawn 
 should be promptly reported to the district treasurer, as he has no other 
 means of determining the amount of outstanding orders, otherwise he can- 
 not comply with the law requiring him to make partial payments. Section 
 1718 and form 16. 
 
 (c) The secretary is the custodian of the order book. He fills out the 
 orders which the president afterward signs. 
 
 (d) The secretary may not act as president or treasurer. 
 
 (e) Since the secretary is the clerical officer of the board, and cares for 
 the records of the district, we think he should act as librarian, unless the 
 board select some other person. 
 
 (/) Public records are public property, and are open to inspection at 
 proper times by any citizen. No public officer may refuse examination of 
 the records; but he is their custodian, and being charged with their safe- 
 keeping, he must keep them in his possession. 
 
 (gf) The failure of the secretaiy to record all the proceedings of the board 
 and of the district meetings in separate books, kept for that purpose, will 
 not render the proceedings void. 8 Iowa, 298. 
 
 (h) The secretary, president, and treasurer must conform to the instruc- 
 tions of the board so far as those instructions are in accordance with law, 
 but they should not obey the board when directed to do an illegal act. 
 
 (i) If the board appropriate money to pay their members, other than the 
 secretary and treasurer, or for any other illegal purpose, the president and 
 secretary should refuse to sign the order, and, if drawn, the treasurer 
 should refuse to pay it. 
 
 SEC. 1742. See sections 1718 and 1719, and notes. Form 17. 
 
 SEC. 1743. The secretary is also required to keep an account current with 
 the district treasurer, as provided by section 1782. 
 5 
 
34 
 
 SCHOOL LAWS OF IOWA. 
 
 SBC. 1744. He shall notify the county superintendent when each 
 school of the district begins, and its length of term. 
 
 SEC. 1745. (As amended by Chap. 12, Laws of 1876, and Chap. 23, 
 Laws of isslif .Between the fifteenth and twentieth days of Septem- 
 ber in each year, the secretary of each school district shall file with 
 the county superintendent a report of the affairs of the district, 
 which shall contain the folio wing items: 
 
 1. The numljker of persons, male and female, each in his district, 
 between the ages of five and twenty-one years; 
 
 2. The number of spools, and the branches taught; 
 
 3. The number of njfpils, and the average attendance of the same 
 in each school; 
 
 4. The number of teachers employed, and the average compensa- 
 
 per week, distinguishing males from females; 
 length of school in days and the average cost o tuition 
 perpek for each pupil; 
 
 The text-books used, and the number of volumes in the district 
 library, and the value of apparatus belonging to the district; 
 
 7. The number of school-houses, and their estimated value; 
 
 8. The name, age, and po'st-offioe address of each deaf and dumb, 
 and each blind person within his district between the ages of five and 
 twenty-one, including all who are deaf and dumb to such an extent as 
 to be unable to obtain an education iwthe common schools; the number 
 of trees set out and in thrifty condition on each school house grounds. 
 
 SEC. 1744. The name of the teacher should be given, and any other in- 
 formation which will aid the county superintendent in planning his work of 
 visitation, provided for in section 1774. 
 
 SEC. 1745. (a) The blanks for the annual report of the secretary are fur- 
 nished by the state, through county superintendents. The secretary should 
 record the report, required by this section, in the district records. If a copy 
 of the report is simply filed in his office, it is liable to be destroyed or mis- 
 laid, which may prove detrimental to the interests of the district. Form 18. 
 
 (6) In districts formed of parts of two or more counties, the secretary 
 should make the annual report to the county superintendent of the county 
 in which a majority of the children reside. This report should not embrace 
 those children who reside in portions of the district lying in other counties. 
 The remaining number of children should be reported by the secretary to 
 the superintendents of their respective counties. 
 
 (c) In independent districts, it is the duty of the secretary to take the 
 annual school enumeration required by the first clause of this section, unless 
 the board assign the duty to another person; in which case, proper compen- 
 sation should be given for the work required. 
 
SCHOOL LAWS OF IOWA. 35 
 
 SEC. 1746. Should the secretary fail to file his report, as above di- 
 rected, he shall forfeit the sum of twenty-five dollars and shall make 
 good all losses resulting from such failure, and suit shall be brought 
 in both cases by the district on his official bond. 
 
 TREASURER. 
 
 SECTION 1747. The treasurer shall hold all moneys belonging to 
 the district, and pay out the same on the order of the president, coun- 
 tersigned by the secretary, and shall keep a correct account of all ex- 
 penses and receipts in a book provided for that purpose. 
 
 SEC. 1746. In case subdirectors fail to make their annual reports, as re- 
 quired by section 1755, the secretary should at once collect the statistics 
 necessary for a complete report. Boards should insist on promptness in 
 sending this report, and then should give the secretary a suitable compen- 
 sation for his labors. Section 1733. 
 
 SEC. 1747. (a) The language of this section is very explicit. It makes 
 the treasurer the custodian of all moneys belonging to the district, which 
 effectually precludes the idea of dividing the money belonging to any par- 
 ticular fund among the subdistricts. He may pay it out only on the order 
 of the president, countersigned by the secretary, and the president may sign 
 no order unless he is authorized to do so by the board. Section 1733, and 
 notes to same, also section 1741, notes (fi) and (i). 
 
 (6) In making payment, one order may not be given precedence before 
 another. 40 Iowa, 620. 
 
 (c) Neither the electors nor the board may authorize the treasurer to loan 
 money belonging to the district Note (e) to section 1717. 
 
 (d) If any state, county, township, school or municipal officer, or officer 
 of any state institution, or other public officer within the state, charged 
 with the collection, safe-keeping, transfer, or disbursement of public money, 
 fails or refuses to keep in any place of deposit that may be provided by law 
 for keeping such money, until the same is withdrawn therefrom upon war- 
 rants issued by the proper officer, or deposits such money in any other 
 place than in such safe, or unlawfully converts to his own use in any way 
 whatever, or use by way of investment in any kind of property, or loan with- 
 out the authority of law any portion of the public money entrusted to him 
 for collection, safe-keeping, transfer, or disbursement, or converts to his 
 own use any money that may come into his hands by virtue of his office, 
 shall be guilty of embezzlement to the amouut of so much of said money as 
 is thus taken, converted, invested, used, loaned, or unaccounted for, and 
 upon conviction thereof he shall be imprisoned in the penitentiary not ex- 
 ceeding five years, and fined in a sum equal to the amount of money embez- 
 zled, and, moreover, is forever after disqualified from holding any office 
 under the laws or constitution of this state. Section 3908, Code. 
 
36 SCHOOL LAWS OF IOWA. 
 
 SEC. 1748. The money collected by district tax for the erection of 
 school-houses and for the payment of debts contracted for the same, 
 shall be called the school-house fund; that designed for rent, fuel, 
 repairs, and all other contingent expenses necessary for keeping the 
 schools in operation, the contingent fund; and that received for the 
 payment of teachers, the teachers' fund; and the district treasurer 
 shall keep with each fund a separate account, and shall pay no order 
 which does not specify the fund on which it is drawn, and the specific 
 use to which it is applied. If he have not sufficient funds in his 
 hands to pay in full the warrants drawn on the funds specified, he shall 
 make a partial payment thereon, paying as near as may be an equal 
 proportion of each warrant. 
 
 SEC. 1749. He shall receive all moneys apportioned to the district 
 township by the county auditor, and also all money collected by the 
 county treasurer on the district school tax levied for his district. 
 
 SEC. 1748. (a) Minor improvements, such as the erection of ordinary out- 
 houses, fences, etc., may be paid for from either the contingent or school- 
 house fund. Ordinary repairs should be charged to the contingent fund; 
 but when such repairs assume the magnitude of a rebuilding, or of an ex- 
 tensive addition, they should be charged to the school-house fund. 
 
 (6) The cost of seating new school-houses should be paid from the school- 
 house fund. The law does not authorize the use of the contingent fund for 
 the erection or completion of school- houses, but when a house needs reseat- 
 ing or other repairs, the cost may be defrayed either from the contingent 
 fund, or from any unappropriated school house fund in the treasury. 25 
 Iowa, 436. 
 
 (c) Since the board receive no pay for their services, if they subscribe 
 for any journal containing the official rulings and decisions of this depart- 
 ment to aid them in their work, they have the right to pay for the same 
 from the contingent fund. 
 
 (d) Boards have no authority to transfer money from one fund to an- 
 other, even temporarily, unless they are authorized under section 1717, sub- 
 section 4, to transfer school-house fund to either of the other funds. 
 
 (e) The teachers'fund should not be divided among the subdistricts, 
 neither equally nor according to the number of children, nor upon any 
 other basis. This fund can be paid out only to teachers for services per- 
 formed, upon orders authorized by the board. 
 
 (/) The board should grant a compensation to be paid teachers accord- 
 ing to the circumstances and requirements of each subdistrict. Note (d) to 
 section 1753. 
 
SCHOOL LAWS OF IOWA. 37 
 
 SEC. 1750. He shall register all orders on the district treasury re- 
 ported to him by the secretary, showing the number of the order, 
 date, name of the person in whose favor drawn, the fund on which it 
 is drawn, for what purpose, and the amount. 
 
 SEC. 1751. (As amended by Chap. 112, Laws of 1876.) ~He shall 
 render a statement of the finances of the district from time to time, 
 as may be required by the board of director?, and his books shall 
 always be open for inspection. He shall make to the board, on the 
 third Monday in September, a full and complete annual report, em- 
 bracing: 
 
 1. The amount of teachers' fund held over, received, paid out, and 
 on hand. 
 
 2. The amount of contingent fund held over, received, paid out, 
 and on hand. 
 
 SEC. 1750. The register provided for in this section is indispensable to 
 the treasurer, under the law requiring him to make partial payments on or- 
 ders, when he has not funds sufficient to pay them in full. Section 1748. It 
 is essential that he should know the exact amount of outstanding orders, 
 and for this reason the secretary is required to report to him all orders 
 drawn on the district treasury. Section 1741, note (6), and form 16. 
 
 SEC 1751. (a) The blanks for the annual report of the treasurer are 
 furnished by the state, through county superintendents. The reports should 
 be made according to form 20. 
 
 (6) Treasurers should take pains to mail a copy of this report at once to 
 the county superintendent, as only by timely attention on the part of treas- 
 urers, can the county superintendent compile and forward his annual re- 
 port to the superintendent of public instruction, on the first Tuesday in 
 October. Sections 1772 and 1773. 
 
 (c) The treasurer is responsible for all moneys coming into his hands by 
 virtue of his office, even if stolen or destroyed by fire. The board have no 
 authority to release him, unless he accounts in full for all moneys received 
 by virtue of his office. Iowa Reports, 37, 550; 39, 9. 
 
 (d) When the incumbent of an office is re-elected, he shall qualify as 
 above directed; but when the re-elected officer has had public funds or prop- 
 erty in his control, under color of his office, his bond shall not be approved 
 until he has produced and fully accounted for such funds and property to 
 the proper person to whom he should account therefor; and the officer or 
 board approving the bond shall indorse upon the bond, before its approval, 
 the fact that the said officer has fully accounted for and produced all funds 
 and property before that time under his control as such officer; and when it 
 is ascertained that the incumbent holds over another term by reason of the 
 non-election of a successor, or for the neglect or refusal of the successor to 
 
38 
 
 SCHOOL LAWS OF IOWA. 
 
 3. The amount of school house fund held over, received, paid out, 
 and on hand. 
 
 He shall immediately file a copy of said report with the county 
 superintendent, and for failure to file said report he shall forfeit the 
 sum of twenty-five dollars, to be recovered by suit brought by the dis- 
 trict, on his official bond. 
 
 SUBDIRECTOR. 
 
 SECTION 1752. Each subdirector shall, on or before the third Mon- 
 day in March following his election, appear before some officer qual- 
 ified to administer oaths, and take an oath to support the constitution 
 of the United States, and that of the state of Iowa, and that he will 
 faithfully discharge the duties of his office, and in case of failure 
 to qualify, his office shall be deemed vacant. 
 
 SEC. 1753. The subdirector, under such rules and restrictions a 
 the board of directors may prescribe, shall negotiate and make in 
 his subdistrict all necessary contracts for providing fuel for schools, 
 
 qualify he shall qualify anew within a time to be fixed by the officer who 
 approves of the bonds of such officers. Section 690, Code. 
 
 (e] In making settlement, the board may submit a difference with the 
 treasurer, to arbitration. 70 Iowa, 65. 
 
 SEC. 1752. (a) la case a subdirector elect fails to qualify by the third 
 Monday in March, the incumbent holds over another year, and should re- 
 new his oath of office. As soon as it is ascertained that he holds over, he 
 may be required to qualify within a time to be prescribed by the board. 
 Section 60, Code, also note (a) to section 1730. 
 
 (fc) Any school director or director elect is authorized to administer to a 
 school director elect the official oath required by law, but the secretary can- 
 not administer this oath unless he is a member of the board, a magistrate, 
 or a notary public. 
 
 (c) If a person is elected as his own successor and fails to qualify by the 
 third Monday in March, a vacancy exists, which is filled by appointment. 
 
 (d) A director may take the oath of qualification at any time between 
 the day of election and the third Monday in March. 53 Iowa, 687. 
 
 SEC. 1753. (a) The subdirector is clothed with certain general powers 
 by this section, but these are to be exercised under the direction of 
 the board. The board may restrict him, for example, as to when he shall 
 employ teachers, for how long a time, at what compensation, and even whom 
 he shall not employ; the extent of repairs, and prices paid for same; and the 
 amount and cost of fuel. Iowa Reports, 35, 361; 40,369. Note to section 
 1737, and form 21. 
 
SCHOOL LAWS OF IOWA. 39 
 
 employing teachers, repairing and furnishing school-houses, and for 
 making all other provisions necessary for the convenience and pros- 
 perity of the schools within his subdistrict, and he shall have the 
 control and management of the school-house unless otherwise or- 
 dered by a vote of the district township meeting. All contracts 
 made in conformity with the provisions of this section shall be ap- 
 
 (5) When a teacher or other person is about to enter into a contract with 
 a subdirector, he knows that he is dealing with a public agent whose powers 
 are subject to regulation and restriction by the board; he is bound to know 
 what these rules and restrictions are, and should be governed accordingly. 
 35 Iowa, 361. 
 
 (c) The district township is bound by the contract of a subdirector, when 
 made according to instructions by the board. 35 Iowa, 361. 
 
 (d) The board should fix the wages to be paid in each subdistrict at such 
 a figure as will enable each subdirector to secure a teacher qualified to 
 govern and instruct his school. 
 
 (e) Each subdirector has exclusive control of the school house in his sub- 
 district, unless the district township meeting has otherwise ordered. 
 
 (f) Special powers delegated to the subdirector by the law, as, for in- 
 stance, the control of the school-house in his own subdistrict, section 1753, 
 and the right to determine whether scholars may attend from or in an ad- 
 joining subdistrict, section 1795, cannot be assumed by the board. 
 
 (gf) It is proper to permit the use of school-houses for the purpose of pub- 
 lic worship on Sunday, or for religious services, public lectures on moral or 
 scientific subjects, or meetings on questions of public interest, on the even- 
 ings of the week, or at any time when such use will not interfere with the 
 regular process of the school. 35 Iowa, 194. 
 
 (h) The subdirector in district townships, or the board in independent 
 districts, should require from parties desiring to use the school -house, se- 
 curity for its proper use, and protection from other injury than natural wear. 
 
 (i) The use of a public school building for Sabbath- schools, religious 
 meetings, debating clubs, temperance meetings, and the like, is proper. 
 Especially is this so, where abundant provision is made for securing any 
 damages which the tax-payer may suffer by reason of the use for the pur- 
 poses named. The use of a school-house for such purposes, when BO author- 
 ized, is not prohibited by section 3, article 1, of the constitution. 60 Iowa, 11. 
 
 ( j) If any person willfully write, make marks, or draw characters on the 
 walls or any other part of any church, college, academy, school-house, court- 
 house, or other public building; or willfully injure, or deface the same, or 
 any wall or fence inclosing the same, he shall be punished by fine not ex- 
 ceeding one hundred dollars, or by imprisonment in the county jail not 
 more than thirty days. Section 3986, Code. 
 
40 SCHOOL LAWS OF IOWA. 
 
 proved by the president and reported to the board of directors, and 
 said board, in their corporate capacity, shall be responsible for the 
 performance of the same on the part of the district township. 
 
 SEC. 1754. 'He shall, between the first and tenth days of Septem- 
 ber of each year, prepare a list of the names of the heads of fami- 
 lies in his subdistrict, together with the number of children be- 
 tween the ages of five and twenty one years, distinguishing males 
 from females, and shall record the same in a book kept for that 
 purpose. 
 
 SEC. 1755. He shall, between the tenth and fifteenth days of Sep- 
 tember of each year, report to the secretary of the district town- 
 ship, the number of persons in his subdistrict between the ages of 
 five and twenty-one years, distinguishing males from females. 
 
 SEC. 1756. He shall have power, with the concurrence of the 
 president of the board of directors, to dismiss any pupil from the 
 schools in his subdistriot for gross immorality, or for persistent vio- 
 lation of the regulations of the schools, and to re- admit them, if 
 he deems proper so to do; and shall visit the schools in his sub- 
 district at least twice during each term of said school. 
 
 (k) The president may be compelled by mandamus to give his approval 
 of a contract made in accordance with a vote of the board. 56 Iowa, 673. 
 
 (I) The board may pass a resolution that teachers shall receive their pay 
 monthly, upon the certificate of the subdirector, or of a committee of the 
 board, that the required time has been taught. 
 
 SEC. 1755. (a) The failure of subdirectors to make their reports, as re- 
 quired by this section, will reduce the semi-annual apportionments for the 
 year, since they are made upon the enumeration of persons of school age. 
 
 (5) Children at a state institution, or a private school, should not be 
 enumerated, unless they actually reside in the district. 
 
 SEC. 1756. (a) The law does not provide that the board are compelled to 
 give scholar or parents notice or chance for defense, before ordering bus- 
 pension or expulsion of the scholar. The board have large discretionary 
 powers. This is one of the matters which come wholly within their discre- 
 tion. Notes to section 1735, and School Law Decisions, 130. 
 
 (b) A careful investigation of the charges against the scholar should be 
 made before he is dismissed. 
 
 (c) The action of the subdirector and president in dismissing a scholar 
 remains in force for the term only. 
 
 (d) The teacher has control over scholars during school hours, within 
 reasonable limits, unless restricted by a rule of the board. He may require 
 a scholar to remain in his seat during recess, as a punishment. However, it 
 is not wise to deprive children, to any great extent, of the exercise necessary 
 to their physical well-being. 
 
SCHOOL LAWS OF IOWA. 
 
 TEACHEES. 
 
 41 
 
 SECTION 1757. (As amended by Chap. 60, Laws of 1888.) All 
 contracts with teachers shall be in writing, specifying the length of 
 time the school is to be taught, in weeks, the compensation per 
 week, or per month of four weeks, and such other matters as may 
 be agreed upon; and shall be signed by the eubdirector or secretary 
 and teacher, and be approved by and filed with the president be- 
 
 SEC. 1757. (a) All contracts made by the subdirector, under section 1753, 
 must be approved by the president and reported to the board. 
 
 (&) The teacher's certificate should be shown before signing contract. 
 
 (c) All matters agreed upon should be incorporated into the written con- 
 tract. The tendency of our courts is to presume that the written contract 
 embraces the entire agrement of the parties. 52 Iowa, 130. 
 
 (d) Without special mention in the teacher's contract, it is understood 
 that only the common branches are expected to be taught. 
 
 (e) The board, for what seem to them good reasons, may order a short 
 vacation. But they cannot shorten the term included in the contract, with- 
 out the consent of both parties. 
 
 (/ ) It is lawful for a board to give teachers holidays and not deduct pay 
 pay, and quite usual. The teacher, however, may not claim it as a right. 
 
 (y) It is the duty of the subdirector to file the teacher's contract at once 
 with the president of the board, and secure his approval. A copy must also 
 be tiled with the secretary. Section 1757. 
 
 (h) If a subdirector is employed to teach the school in his own subdistrict 
 he should contract with the board, or with a committee appointed for that 
 purpose by the board. 
 
 (t) The approval of the teacher's contract by the president is a manda- 
 tory act, which he cannot refuse to perform, unless the contract is drawn at 
 variance with instructions from the board, or otherwise violates law. 
 
 (j) The board may authorize the president and secretary to draw orders 
 to pay teachers' salaries at the end of each school month, upon proper evi- 
 dence that the service has been performed. Note (I) to section 1753. 
 
 (k) If a teacher is at the school-house at the proper time, and remains 
 during school hours, he is entitled to pay therefor, according to his contract, 
 whether scholars are present or not. 
 
 (I) If the school-house is destroyed, or the school is closed indefinitely by 
 causes beyond the control of either party to the contract, the teacher being 
 ready to comply with his part, can collect pay according to contract. If 
 said teacher uses proper diligence to secure employment at something which 
 he can do, and secures such employment, the district will pay him the dif- 
 ference between the amount received in his new work and the amount of 
 6 
 
42 SCHOOL LAWS OF IOWA 
 
 fore the teacher enters upon the discharge of his duties, and a copy 
 of all such contracts shall also be filed with the secretary of the 
 board by the subdirector, before the teacher enters upon the dis- 
 charge of his duties. 
 
 SEC. 1758. No person shall be employed to teach a common school 
 which is to receive its distributive share of the school fund unless 
 he shall have a certificate of qualification signed by the county 
 superintendent of the county in which the school is situated, or by 
 some other officer duly authorized by law; and any teacher who 
 commences teaching without such certificate shall forfeit all claim to 
 compensation for the time during which he teaches without such 
 certificate. 
 
 SEC. 1759. The teacher shall keep a correct daily register of the 
 school, which shall exhibit the number or other designation thereof, 
 township and county in which the school is kept; the day of the 
 
 his wages under contract. In other words, his actual loss should be made 
 good. Opinion of Attorney- General. 
 
 (m) Section 2976, Code, provides that a municipal or political corporation 
 shall not be garnished. However, the corporation may waive exemption 
 from this process. 25 Iowa, 315. 
 
 SEC. 1758. (a) The only legal certificates, besides those given by county 
 superintendents, are the perpetual state certificates, issued by the educa- 
 tional board of examiners, prior to September, 1873, when said board was 
 abolished, and state certificates and diplomas given, as provided by chapter 
 167, laws of 1882. 
 
 (6) The teacher must have a certificate during the whole term of school. 
 He is not authorized to teach a single day beyond the period named in his 
 certificate. 
 
 (c) In case of the temporary absence of a teacher, from sickness or other 
 cause, the place should be supplied with some person duly authorized to 
 teach, selected by the subdirector. The supply should be paid by the 
 teacher whose place is filled. 
 
 (d) In case a person is employed or continued as a teacher in violation of 
 law without a certificate, a resident of the district may sue out a writ of 
 injunction restraining the person from teaching and the district from pay- 
 ing. Such a writ cannot be served at the instance of the county superin- 
 tendent. 17 Iowa, 228. Boards employing and paying such teachers are 
 liable to prosecution under the provisions of the general statutes for misap- 
 plication of funds. Sections 3965, 3966 and 3967, Code. 
 
 SEC. 1759. (a) The teacher may be held responsible for the efficient dis- 
 charge of every duty properly attaching to his office, including the exercise 
 of due diligence in the oversight and preservation of school buildings, 
 
SCHOOL LAWS OF IOWA. 43 
 
 week, the month and year; the name, age, and attendance of each 
 pupil, and the branches taught. When scholars reside in different 
 districts a register shall be kept for each district. 
 
 SEC. 1760. The teacher shall, immediately after the close of his 
 school, file in the office of the secretary of the board of director**, * 
 certified copy of the register aforesaid. 
 
 GENERAL PROVISIONS. 
 
 SECTION 1761. A school month shall consist of four weeks of five 
 school days each. 
 
 SEC. 1762. During the time of holding a teachers' institute in 
 any county, any school that may be in session in such county shall 
 be closed; and all teachers, and persons desiring a teacher's certif- 
 icate, shall attend such institute, or present to the county superin- 
 tendent satisfactory reasons for not so attending, before receiving 
 such certificate. 
 
 grounds, furniture, apparatus, and other school property, as well as the more 
 prominent work of instruction and government. 
 
 (5) Making fires and sweeping the school- room are not, properly, a part 
 of the teacher's duties. In rural districts teachers frequently perform this 
 labor as a matter of convenience and economy. Those unwilling to perform 
 this work, or who expect to receive pay for it should so stipulate with the 
 subdirector when entering into the contract to teach. Note (c) to section 
 1757. S. L. Decisions, 106. 
 
 (c) Parties doing damage to school property are responsible for the same. 
 The teacher is bound to exercise reasonable care to protect and preserve 
 school property, and failing to do so may be held liable for damages. 
 
 SEC. 1760. The secretary of the district should refuse to give an order for 
 the last month of the teacher's wages until the register is filed in his office 
 as required by this section. Without this register he cannot make the re- 
 port required by section 1745. Form 24. 
 
 SEG. 1761. (a) There are no holidays during which teachers are exempt 
 from teaching, unless excused by the board. A legal contract requires 
 twenty days of actual service for a month. 
 
 (6) There is no provision of law giving teachers time to visit other 
 schools. Boards may, however, grant holidays for that purpose. 
 
 (c) Custom fixes the maximum length of the school day at six hours . 
 The board may shorten this time somewhat, if thought best. 
 
 SEC. 1762. It may be questioned whether the provisions of this section 
 apply to the present normal institutes, held under section 1769. 
 
44 SCHOOL LAWS OF IOWA. 
 
 SEC. 1763. The electors of any school district at any legally 
 called school meeting, may, by a vote of a majority of the electors 
 present, direct the German or other language to be taught as a branch 
 in one or more of the schools of said district, to the scholars attend- 
 ing the same whose parents or guardians may so desire; and there- 
 upon such board of directors shall provide that the same be done; 
 provided that all other branches taught in said school or schools 
 shall be taught in the English language; provided further that the 
 person employed in teaching the said branches shall satisfy the 
 county superintendent of his ability and qualifications, and receive 
 from him a certificate to that effect. 
 
 SEC. 1764. The Bible shall not be excluded from any school or in- 
 stitution in this state, nor shall any pupil be required to read it con- 
 trary to the wishes of his parent or guardian. 
 
 SEC. 1763. A teacher who instructs in any of the languages referred to in 
 addition to other work as teacher, must have the certificate required by this 
 section, additional to the one demanded by the first part of section 1766; 
 but a teacher who teaches only one or more of the languages referred to 
 above, or any other special branch may be required to have a certificate for 
 such branch, as provided by the last part of section 1766, and need not have 
 the other certificate, unless desired. 
 
 SEC. 1764. (a) Our common schools are maintained at public expense, 
 and the law contemplates that they shall be equally free to persons of every 
 faith. A very suitable devotional exercise consists in reading a portion of 
 Scripture without comment, and the repetition of the Lord's Prayer. 
 
 (6) While moral instruction should be given in every school, neither this 
 section nor the spirit of our constitution and laws, will permit a teacher or 
 board to enforce a regulation in regard to religious exercises, which will 
 wound the conscience of any, and no scholar can be required to conform to 
 any particular mode of worship. 64 Iowa, 367. 
 
 (c) The diversion of the school fund in any form or to any extent for the 
 support of sectarian or private schools is inadmissible and clearly in viola-, 
 tion of our laws. 
 
 (d) Public money shall not be appropriated, given, or loaned by the cor- 
 porate authorities, supervisors, or trustees of any county, township, city or 
 town, or municipal organization of this state, to, or in favor of, any insti- 
 tution, school, association, or object, which is under ecclesiastical or secta- 
 rian management or control. Section 552, Code. 
 
SCHOOL LAWS OF IOWA, 45 
 
 COUNTY SUPERINTENDENT. 
 
 SECTION 1765. The county superintendent shall not hold any office 
 in, or be a member of the board of directors of a district township 
 or independent district, or of the board of supervisors during the 
 time of his incumbency. 
 
 SEC. 1766. (As amended by Chap. 143, Laws of 1878.) On the 
 last Saturday of each month, the county superintendent shall meet 
 all persons desirous of passing an examination, and for the transac- 
 tion of other business within his jurisdiction, in some suitable room 
 provided for that purpose by the board of supervisors at the county seat, 
 at which time he shall examine all such applicants for examination as 
 to their competency and ability to teach orthography, reading, writing, 
 arithmetic, geography, English grammar, physiology and history of 
 the United States; and in making such examination, he may, at his 
 option, call to his aid one or more assistants. Teachers exclusively 
 teaching music, drawing, penmanship, book-keeping, German or 
 other language, shall not be required to be examined except in refer- 
 ence to such special branch, and in such cases it shall not be lawful 
 to employ them to teach any branch except such as they shall be ex- 
 amined upon and which shall be stated in the certificate. 
 
 SEC. 1766. (a) This is a most important and difficult labor. Written 
 examinations afford a good test of scholarship, and furnish the basis of a 
 permanent record. The examination should be thorough, to determine the 
 attainments of the applicant in the branches he is expected to teach. 
 
 (b) Applications made at other times should be rejected, unless good rea- 
 sons are given for not attending the regular examinations. The interests 
 of the schools do not require frequent or individual examinations, and the 
 time of the superintendent can be more profitably employed in the perform- 
 ance of other duties. 49 Iowa, 245. 
 
 (c) We think the ability to teach the different branches may be best de- 
 termined by actual observation of the teacher's work in his school. A 
 searching and skillfully conducted oral examination in methods will test 
 the applicant's ability to instruct. 
 
 (d) If it is desired that branches additional to those included in every 
 teacher's certificate shall be taught, such fact should be mentioned as a part 
 of the contract, and the teacher is required to have the certificate for such 
 additional branch or branches, before beginning to teach. Section 1763. 
 
 (e) It is the intention of the law that the study of physiology and hy- 
 giene with special reference to the effects of alcoholic drinks, stimulants 
 and narcotics, shall have equal rank and be considered of the same impor- 
 ance as other branches of study. 
 
46 SCHOOL LAWS OF IOWA. 
 
 SBC. 1767. If the examination is satisfactory, and the superintend- 
 ent is satisfied that the respective applicants possess a good moral 
 character, and the essential qualifications for governing and instruct- 
 ing children and youth, he shall give them a certificate to that effect, 
 for a term not exceeding one year. 
 
 SBC. 1768. Any school officer or other person shall be permitted 
 to be present at the examination; and the superintendent shall make 
 a record of tha name, residence, age, and date of examination of all 
 persons so examined, distinguishing between those to whom he issued 
 certificates and those rejected. 
 
 SEC. 1767. (a) County superintendents should remember that they are 
 to inquire, not only into the literary qualifications of the applicant, but 
 they must also certify that they are satisfied that the applicant possesses a 
 good moral character, and the essential qualifications for governing and in- 
 structing children and youth. Form 25. 
 
 (6) Scholarship, good moral character, ability to govern, aptness to 
 teach, our law requires all these qualifications in those to whom are in- 
 trusted the highest interests of the state, the education of its youth. 
 
 (c) Applicants may be required to present such evidences of good moral 
 character as the county superintendent shall demand. The superintendent 
 should be fully satisfied in every particular mentioned in the law, before 
 issuing the certificate. 
 
 (d) The county superintendent is sole j udge of the manner and extent of 
 the examination. 62 Iowa, 111. 
 
 (c) After ascertaining the general attainments of teachers, inspection of 
 their school work should determine largely the grade of certificate. 
 
 ( /") The law fixes only the maximum time for which a certificate may be 
 given. The minimum is left to the discretion of the county superintendent, 
 but it is desirable in the case of advanced teachers, to make the time as 
 near one year as possible. 
 
 (g) For many years, county superintendents have been limited as to the 
 minimum age of those receiving certificates. The restriction has given 
 almost universal satisfaction. It is believed that In general, boys under 
 nineteen, and girls under seventeen years of age, may not be expected to 
 possess that maturity of mind and strength of character needed to manage 
 a school successfully, and to determine wisely the many important ques- 
 tions daily demanding an answer from the teacher. 
 
 SEC. 1768. (a) The record required by this section, should be carefully 
 made, as the items form a part of the county superintendent's annual re- 
 port to the superintendent of public instruction. 
 
 (&) The renewal or indorsement of certificates is not provided for by law. 
 
 (c) By the next section, the county superintendent is made responsible to 
 the institute fund for one dollar from every applicant. 
 

 SCHORL LAWS OF IOWA. 47 
 
 SEC. 1769. (As amended by Chap. 57, Laws of 1874, and Chap. 54, 
 Laws of 1878.) The county superintendent shall hold, annually, a 
 normal institute for the instruction of teachers and those who may 
 desire to teach, and with the concurrence of the superintendent of 
 public instruction, procure such assistance as may be necessary_Jto_ 
 conduct the same, at such time as the schools in the county are gen- 
 erally closed. To defray the expenses of said institute, he shall re' 
 quire the payment of a registration fee of one dollar from each per- 
 son attending the normal institute, and shall also require the payment, 
 in all cases, of one dollar from every applicant for a certificate. He 
 shall, monthly, and at the close of each institute, transmit to the 
 county treasurer, all moneys so received, including the state appro- 
 priation for institutes, to be designated the institute fund; together 
 with a report of the name of each person so contributing, and the 
 
 SEC. 179. (a) The normal institute must be held at a time when the 
 public schools are generally closed. 
 
 (6) County superintendents will determine the time and place, and sug- 
 gest names of conductor and instructors for approval, making application 
 to the superintendent of public Instruction according to form 28, at least 
 thirty days before the institute is to commence. This application and the 
 appointment are necessary to secure the state appropriation. 
 
 (c) The length of time during which the normal institute shall remain in 
 session is left to the discretion of the county superintendent. This will de- 
 pend largely upon the amount of the institute fund. It cannot remain in 
 session less than one week of six days. Section 1584. 
 
 (d) Young and inexperienced teachers will not expect to receive certifi- 
 cates, unless of the lowest grade, without regularly attending the normal 
 institute. By means of the large fund and the length of time this institute 
 may remain in session, it can, if the proper means are employed, be ren- 
 dered invaluable to teachers. The benefits which they will receive should 
 secure their voluntary and general attendance. 
 
 (e) A conductor of successful experience in institute work, able to give 
 plain, practical instruction in methods of school organization, government 
 and teaching, should be secured early. The other instructors should be 
 superior teachers of recent experience, and, where practicable, one or more 
 lady teachers should be employed. 
 
 (/) Poor conductors and instructors have sometimes been engaged, and 
 the teachers of some counties have reason to complain. County superin- 
 tendents should have sufficient evidence of the abilities of their instructors, 
 before employing them. In all cases where strangers are employed, refer- 
 ences should be required, and inquiries made at the state department will 
 frequently secure the proper knowledge. 
 
48 SCHOOL LAWS OF IOWA. 
 
 amount. The board of supervisors may appropriate such additional 
 sum as may by them be deemed necessary for the further support of 
 such institute. All disbursements of the institute fund shall be 
 upon the order of the county superintendent; and no order shall be 
 drawn except for bills presented to the county superintendent, and 
 approved by him, for services rendered or expenses incurred in con- 
 nection with the normal institute. 
 
 SEC. 1770. If, for any cause, the county superintendent is unable 
 to attend to his official duties he shall appoint a deputy to perform 
 them in his stead, except visiting schools and trying appeals. 
 
 SEC. 1^71. The superintendent may revoke the certificate of any 
 teacher in the county which was given by the superintendent thereof, 
 for any reason which would have justified the withholding thereof 
 when the same was given, after an investigation of the facts in the 
 case, of which investigation the teacher shall have personal notice, 
 and he shall be permitted to be present and make his defense. 
 
 (g) The superintendent should be director, assuming the sreneral over- 
 sight and direction of the institute, but should not act as conductor. He is 
 entitled to his per diem for any service in connection with the institute, as 
 for other official duties, but receives no part of the institute fund. 
 
 (h) These normal institutes are short training schools, their object is to 
 reach and correct the greatest defects found in the schools. The superin- 
 tendent in visiting schools should seek to discover the most prominent de- 
 fects and wants in the methods of instruction. The normal Institute will 
 afford effective means of reaching and correcting these faults. The great 
 object is to instruct teachers how to teach children. 
 
 (i) The reports and payments to the county treasurer, required by this 
 section, should be made on the first day of each month. Forms 26, 27, 29 
 and 30. 
 
 ( J) It is the duty of the board of supervisors, at the close of his term of 
 office, to settle with the county superintendent, as with other county officers, 
 according to the provisions of the law. 
 
 SEC. 1771. (a) Though an appeal will lie in such cases, the discretion of 
 a county superintendent in refusing or revoking a teacher's certificate will 
 not be interfered with by the superintendent of public instruction, unless 
 it is clearly shown that in such act the county superintendent violated law 
 or abused his discretion. S. L. Decisions, 29. 
 
 (6) The notice should contain an explicit statement of the charges 
 against which the teacher is expected to make his defense. Form 32. 
 
SCHOOL LAWS OF IOWA. 49 
 
 SEC. 1772. On the first Tuesday of October of each year he shall 
 make a report to the superintendent of public instruction, containing 
 a full abstract of the reports made to him by the respective district 
 secretaries, and such other matters as he shall be directed to report 
 by said superintendent, and as he himself may deem essential i& ex- 
 hibiting the true condition of the schools under his charge; and he 
 shall, at the same time, file with the county auditor a statement of 
 the number of persons between the ages of five and twenty- one years 
 in each school district in his county. 
 
 SEC. 1773. Should he fail to make either of the reports required 
 in the last section he shall forfeit to the school fund of his county 
 the sum of fifty dollars, and shall, besides, be liable for all damages 
 caused by such neglect. 
 
 SEC. 1774. (As amended by Chap. 161, Laws of 1882.) He shall 
 at all times conform to the instructions of the superintendent of pub- 
 lic instruction, as to matters within the jurisdiction of the said 
 
 SEC. 1772. (a) The blanks for the annual report of the county superin-* 
 tendent are furnished by the superintendent of public instruction. 
 
 (&) The superintendent may test the accuracy of the treasurers' reports 
 by consulting the books of the county treasurer. The amount of the sev- 
 eral funds reported as received from the district tax, also the amount re- 
 ceived from the semi-annual apportionment, must agree with the county 
 treasurer's receipts for the same. 
 
 (c) All errors should be corrected. The amounts reported on hand in the 
 last report from the district treasurer should always be reported as the 
 amounts on hand at last report the following year. 
 
 (d) The abstract of the enumeration of children in each district should 
 be made with special care, and should be complete and accurate, otherwise 
 the county will not obtain its just proportion of the income of the perma- 
 nent school fund. 
 
 (e) Should the district secretaries or treasurers fail to make their reports 
 in time, the superintendent should take prompt measures to secure them, 
 going after them if necessary. 
 
 (/) When district townships are divided, or independent districts organ- 
 ized, the superintendent should immediately file with the county auditor a 
 statement, based upon the last report of the secretaries, showing the num- 
 ber of persons of school age in each of the districts, the boundaries of 
 which have been thus changed. 
 
 SEC. 1774. (a) The county attorney is the legal adviser of the different 
 county officers. Section 3, chapter 73, laws of 1886. He should be freely 
 consulted on questions of law upon which the superintendent is in doubt. 
 
50 SCHOOL LAWS OF IOWA. 
 
 superintendent. He shall serve as the organ of communication be- 
 tween the superintendent and township or district authorities. He 
 shall transmit to the townships, districts, or teachers, all blanks, 
 circulars, and other communications which are to them directed. He 
 may, at his discretion, visit the different schools in his county, and 
 shall, at the request of a majority of the directors of a district, 
 visit the school in said district at least once during each term. 
 
 SEC. 1775. He shall report on the first Tuesday of October of 
 each year to the superintendent of the Iowa college for the blind, the 
 name, age, residence, and post office address of every person blind to 
 such an extent as to be unable to acquire an education in the com- 
 mon schools and who resides in the county in which he is superin- 
 tendent, and also to the superintendent of the Iowa institution for 
 the deaf and dumb, the name, age, and post-office address of every 
 deaf and dumb person between the ages of five and twenty one who 
 resides within his county, including all such persons as may be deaf 
 to such an extent as to be unable to acquire an education in the com- 
 mon schools. 
 
 (b) The superintendent in his visits should seek to aid, instruct, and in- 
 spire teachers to the employment of the best methods of teaching, govern- 
 ing, and conducting their schools, should try to secure the proper classifica- 
 tion of scholars, the arrangement of courses of study, and the care and pro- 
 tection of school property. He should study to awaken among parents and 
 children a deeper interest in the public schools, so as to secure improved at- 
 tendance, deportment and scholarship, and more frequent visits of parents 
 and school officers. A judicious visit from the superintendent may often 
 serve to infuse new life into the school. 
 
 (c) The county superintendent should carefully observe the condition of 
 the school-house and surroundings, note all defects, and notify the subdi- 
 rector or board of the same. 
 
 SEC. 1775. () The blanks for these reports are furnished by the super- 
 intendents of the respective institutions. 
 
 ; (6) It shall be the duty of the county superintendent to report to the su- 
 perintendent of the institution for feeble-minded children, on the first day 
 of October of each year, the name, age, and post-office address of every per- 
 son in his county between the ages of five and twenty-one, who, by reason 
 of feeble mental and physical condition is deprived of a reasonable degree 
 of ^benefit from the common schools. He shall also state in said report 
 whether or not such person has ever attended school, and how long, if at 
 all; and he shall also give the post-office address of the parent, guardian, or 
 nearest friend of such person. Section 6, chapter 40, laws of 1882. 
 
SCHOOL LAWS OF IOWA. 5^ 
 
 SEC. 1776. (As amended by Chap. 161, Laws of 1882.) The county 
 superintendent shall receive from the county treasurer the sum of 
 four dollars per day for every day necessarily engaged in the per- 
 formance of official duties, and also the necessary stationery and 
 postage for the use of his office, and he shall be entitled to such -ad- 
 ditional compensation as the board of supervisors may allow; pro- 
 Tided, that he shall first file a sworn statement of the time he has 
 been employed in his official duties, with the county auditor. 
 
 TAXES. 
 
 SECTION 1777. The board of directors shall, at their regular meet- 
 ing in March of each year, or at a special meeting convened for that 
 purpose, between the time designated for such regular meeting and 
 the third Monday in May, estimate the amount required for the con- 
 tingent fund, and also such sum as may be required for the teachers' 
 fund, in addition to the amount received from the semi-annual appor- 
 tionment, as shown by the notice from the county auditor, to support 
 the schools of the district for the time required by law for the cur- 
 rent year; and shall cause the secretary to certify the same, together 
 with the amount voted for school-house purposes, within five days 
 thereafter to the board of supervisors, who shall at the time of levy- 
 ing taxes for county purposes, subject to the provisions of section 
 
 SEC. 1776. (a) The board of supervisors shall furnish the county super- 
 intendent with an office at the county seat, together with fuel, lights, blanks, 
 books, and stationery necessary and proper to enable him promptly and 
 properly to discharge the duties of his office; but in no case shall such offi- 
 cer be permitted to occupy an office also occupied by a practicing attorney. 
 Section 3844, Code. 
 
 (6) The board of supervisors may not limit the county superintendent as 
 to the number of days he shall give to his work, in order to comply with his 
 oath of office. Having filed his sworn statement in the form prescribed by 
 the board, he is entitled to his per diem for time actually employed. Their 
 remedy, if they suspect he has filed a false statement, is to proceed against 
 him for maladministration in office, as provided for in section 746, Code. 
 
 SEC. 1777. (a) This section requires boards to certify the specific sums 
 necessary to be raised for teachers' and contingent fund to the board of su- 
 pervisors, whose duty it is to estimate and levy the per centum necessary 
 to raise the amounts so certified. Forms 33 and 34. 
 
 (6) Our supreme court have held in Standard Coal Co. v. Ind. Dist. of 
 Angus, that a tax voted after the third Monday in May is void. The decis- 
 ion will be found in 73 Iowa, not printed at this date, June 1, 1888. This 
 
52 SCHOOL LAWS OF IOWA. 
 
 seventeen hundred and eighty of this chapter, levy the per centum 
 necessary to raise the sum thus certified upon the property of the dis- 
 trict township, which shall be collected and paid over as are other 
 district taxes. * 
 
 SEC. 1778. They shall apportion any tax voted by the district 
 township meeting for school-house fund, among the several subdis- 
 tricts in such a manner as justice and equity may require, taking as 
 the basis of such apportionment the respective amounts previously 
 levied upon said subdistricts for the use of such fund; provided, that 
 if the electors of one or more subdistricts at their last annual meet- 
 ing shall have voted to raise a sum for school-house purposes greater 
 than that granted by the electors at the last annual meeting of the 
 district township, they shall estimate the amount of such excess on 
 
 renders it essential that boards act promptly, and certify taxes within the 
 required time. 
 
 (c) School-house funds must be voted by the electors. Only exception* 
 section 1823. 
 
 (d) It is wholly within the discretion of the board of directors to de- 
 termine the amounts required for the contingent and teachers" funds. 41 
 Iowa, 153. Any vote of the electors touching these amounts is only sug- 
 gestive, and is not at all binding. 
 
 (e) Section 1780 limits the amount which may be levied in a district town- 
 ship for any one year, to fifteen dollars per scholar for teachers' fund and 
 five dollars per scholar for contingent fund, but authorizes the levy of 
 seventy five dollars for contingent, and two hundred and seventy dollars for 
 teachers' fund for each subdistrict, even if the levy thereby exceeds five and 
 fifteen dollars per scholar, for these funds. 
 
 ( f) If the amount of school-house tax voted and certified by the board of 
 directors in any year exceeds the limit which the board of supervisors are 
 allowed to levy, under the provisions of section 1780, it is the duty of the 
 board of directors to certify the amount of the deficiency from year to year 
 until the whole amount is levied. 
 
 (g) The teachers' and contingent funds are not to be apportioned among 
 the subdistricts, but levied uniformly on the taxable property of the dis- 
 trict township. 
 
 (h) Chapter 67, laws of 1874, authorizes districts formed from territory 
 lying in adjoining counties, to vote and certify to the respective boards of 
 supervisors the number of mills on the dollar required to raise the necessary 
 school taxes. 
 
 SEC. 1778. {a) All school-house taxes must be voted either by the dis- 
 trict or by the subdistrict electors. Sections 1717 and 1807. When voted 
 they must in all cases be certified to the board of supervisors S L. Decisions, 
 
SCHOOL LAWS OF IOWA. 53 
 
 such subdistrict or subdistricts, and cause the secretary to certify the 
 same within five days thereafter to the board of supervisors, who 
 shall, at the time of levying taxes for county purposes, levy the per 
 centum of such excess on the taxable property of the subdistrict ask- 
 ing the same, provided that not more than fifteen mills on the dollar 
 shall be levied on the taxable property of any subdistrict for any one 
 year tor school-house purposes. 
 
 BOARD OF SUPERVISORS. 
 
 SECTION 1779. The board of supervisors of each county shall, at 
 the time of levying the taxes for county purpose?, levy a tax for the 
 support of schools within the county, of not less than one mill, nor 
 more than three mills on the dollar, on the assessed value of all the 
 real and personal property within the county, which shall be collected 
 by the county treasurer at the time and in the same manner as state 
 and county taxes are collected, except that it shall be receivable only 
 in cash. 
 
 129. All taxes voted by the district township meeting must be apportioned 
 among the subdistricts of the township. The basis of this apportionment 
 is the aggregate number of mills previously levied upon the subdistricts of 
 the township for school-house purposes. The apportionment should be 
 made so as gradually to equalize these rates, in order that the school-house 
 tax may, ultimately, be uniform throughout the district. 
 
 (b) The township electors may vote a tax for the erection of a school- 
 house in any subdistrict, without previous action of the subdistrict electors. 
 If the subdistrict electors vote to raise a sum for school-house purposes, it 
 is the duty of the subdirector to certify the same to the district township 
 meeting. If this duty is neglected, the board of directors are not authorized 
 to certify the tax voted. Form 35. 
 
 (c) Whatever portion of the sum properly certified the district meeting 
 neglects or refuses to grant must be certified and levied direct'y upon the 
 subdistrict making the request, in addition to the equitable portion of the 
 whole amount voted by the district township meeting. If the meeting re- 
 fuses to vote any amount, the whole must be certified and levied upon the 
 subdistrict. 69 Iowa, 533. 
 
 (d) The tendency of the action of the subdistrict electors in voting 
 school-house taxes is to produce unequal rates of taxation for school- house 
 purposes, and otherwise greatly to complicate the raising of school-house 
 funds; hence, unless the necessities of the case absolutely require, such 
 action should not be encouraged. All necessary school -house taxes should, 
 as a rule, be voted by the district township meeting. Note (c) to form 3. 
 
54 SCHOOL LAWS OF IOWA. 
 
 SEC. 1780. They shall also levy at the same time the district 
 school tax certified to them from time to time by the respective dis- 
 trict secretaries; provided that the amount levied for school-house 
 fund shall not exceed ten mills on the dollar, on the property of any 
 district, and the amount levied for contingent fund shall not exceed 
 five dollars per pupil, and the amount raised for teachers' fund, in- 
 cluding the amount received from the semi-annual apportionment^ 
 shall not exceed fifteen dollars per pupil for each pupil residing in the 
 district, as shown by the last report of the county superintendent. 
 And if the amount certified to the board of supervisors exceeds thia 
 limit, they shall levy only to the amount limited ; provided that they 
 may levy seventy- five dollars for contingent fund, and two hundred 
 and seventy dollars, including the amount received from the semi- 
 annual apportionment, for the teachers' fund for each subdistrict. 
 
 COUNTY AUDITOB. 
 
 SECTION 1781. The county auditor shall, on the first Monday in* 
 April and the fourth Monday in September of each year, apportion 
 the county school tax, together with the interest of the permanent* 
 school fund to which his county is entitled, and all other money in 
 the hands of the county treasurer belonging in common to the 
 schools of his county, and not included in any previous apportion- 
 ment among the several subdistricts therein, in proportion to the 
 number of persons between five and twenty one years of age, as 
 shown by the report of the county superintendent, filed with him for 
 the year immediately preceding. 
 
 SEC 1780. (a) The first proviso does not apply where a larger tax is re- 
 quired to meet the interest on valid outstanding bonds. 69 Iowa, 612. 
 
 (6) The second proviso in this section was added for the relief of sparsely 
 settled townships, in which five dollars per scholar for contingent fund and 
 fifteen dollars per scholar for teachers' fund, is not adequate to maintain 
 schools for the time required by law. In such districts these limits may be 
 exceeded, providing that not more than $75 contingent fund, and $270, in- 
 cluding the semi-annual apportionment, for teachers' fund, is levied for 
 each subdistrict in the township. 
 
 SEC. 1781. (a) For the basis of the apportionment to new districts, see 
 note (/) to section 1772. 
 
 (&) The word subdistricts in the seventh line of this section, evidently 
 means the present district. 
 
SCHOOL LAWS OF IOWA. 55 
 
 SEC. 1782. He shall immediately notify the president of each 
 school district of the sum to which his district is entitled by said 
 apportionment, and shall issue his warrant for the same to accom- 
 pany said notice, which warrant shall be also signed by the president 
 and countersigned by the secretary of the district in whose faver-the 
 same is drawn; and shall authorize the district treasurer to draw the 
 amount due said district from the county treasurer; and the secretary 
 shall charge the treasurer of the district with all warrants drawn in 
 his favor, and credit him with all warrants drawn on the funds in his 
 hands, keeping separate accounts with each fund. 
 
 SEC 1783. He shall forward to the superintendent of public in- 
 struction, a certificate of the election or appointment and qualifica- 
 tion of the county superintendent; and shall, also, on the second 
 Monday in February and August of each year, make out and trans- 
 mit to the auditor of state, in accordance with such form as said 
 auditor may prescribe, a report of the interest of the school fund 
 then in the hands of the county treasurer, and not included in any 
 previous apportionment, and also the amount of said interest remain- 
 ing unpaid. 
 
 COUNTY TREASURER. 
 
 SECTION 1784. The county treasurer shall, on the first Monday in 
 April of each year, pay over to the treasurer of the district, the amount 
 of all school district tax which shall have been collected, and shall 
 render him a statement of the amount uncollected, and shall pay over 
 the amount in his hands quarterly, thereafter. He shall also keep 
 the amount of tax levied for school-house purposes, separate in each 
 subdistrict, where such levy has been made directly upon the property 
 of the subdistrict making the application, and shall pay ov^r the 
 same, quarterly, to the township treasurer for the benefit of such sub- 
 district. He shall, in all counties wherein independent districts are 
 
 SEC. 1783. It is important that the certificate referred to, should be 
 promptly forwarded to the superintendent of public instruction; otherwise, 
 the interests of the county may suffer by the transaction of business with 
 persons not duly authorized to act. The certificate should in all cases cer- 
 tify to the qualification, as well as the election or appointment of the county 
 superintendent; for, although he may be properly elected or appointed, yet 
 he cannot be recognized until it is known that he has taken the necessary 
 oath of office, and filed the required bond. Whenever any change is made 
 by resignation or otherwise, a certificate of the appointment and qualifica- 
 tion of a successor should be immediately forwarded. Forms 37 and 38. 
 
56 SCHOOL LAWS OF IOWA. 
 
 organized, keep a separate account with said independent districts, 
 in which the receipts shall be daily entered, which books shall at all 
 times be open to the inspection and examination of the district board 
 of directors, and shall pay over to the said independent districts the 
 amount of school taxes in his possession on the order of the board, 
 on the first day of each and every month. 
 
 SEC. 1785. On the first day of each quarter, the county treasurer 
 shall give notice to the president of the school board of each town- 
 ship, in his county, of the amount collected for each fund; and the 
 president of each board shall draw his warrant, countersigned by the 
 secretary, upon the county treasurer, for such amount, who shall pay 
 the amount of such taxes to the treasurers of the several school 
 boards, only on such warrants. 
 
 MISCELLANEOUS. 
 
 SECTION 1786. (As amended by Chap. 73, Laws of 1886.) All 
 fines and penalties collected from a school district officer by virtue of 
 any of the provisions of this chapter, shall inure to the benefit of 
 that particular district. Those collected from any member of the 
 board of directors, shall belong to the district township, and those 
 collected from county officers, to the county. In the two former 
 cases, suit shall be brought in the name of the district township; in 
 the latter, in the name of the county and by the county attorney. 
 The amount in each case shall be added to the fund next to be ap- 
 plied by the recipient, for the use of common schools. 
 
 SEC. 1787. When a judgment has been obtained against a school 
 district, the board of directors shall pay off and satisfy the same 
 from the proper fund, by an order on the treasurer; and the district 
 
 SEC. 1785. (a) The three funds, school-house, teachers', and contingent, 
 must be kept separate by the county treasurer, as directed in this section, 
 to enable school officers to comply with the law in the discharge of their 
 official duties. Sections 1739, 1741, 1745, 1748, 1750, and 1782. 
 
 (6) The division of funds made by the county treasurer should be respect- 
 ed by the board, unless the electors direct school-house funds unappropri- 
 ated transferred to other funds. This is the only transfer provided for 
 by law. 
 
 SEC. 1788. The sureties on an official bond cannot be held after the lapse 
 of three years. Section 2529, Code. 
 
 SEC. 1787. An order drawn under this section is not entitled to payment 
 to the exclusion of other orders on the school- house fund. 40 Iowa, 620. 
 
SCHOOL LAWS OF IOWA. 57 
 
 meeting, at the time for voting a tax for the payment of other liabil- 
 ities of the district, shall provide for the payment of such order or 
 orders. 
 
 SEC. 1788. In case a school district has borrowed money of the 
 school fund, the board of supervisors shall levy such tax, not exceed- 
 ing five mills on the dollar in any one year, on the taxable property 
 of the district as constituted at the time of making such loan, as may 
 be necessary to pay the annual interest on said loan, and the princi- 
 pal, when the same falls due, unless the board of supervisors shall 
 see proper to extend the time of said loan. 
 
 SEC. 1789. (As amended by Chap. 51, Laws of 1888.) No district 
 township or subdistrict meeting shall organize earlier than nine 
 o'clock A. M., nor adjourn before twelve o'clock M.; and in all inde- 
 pendent districts having a population of three hundred and upward, 
 the polls shall remain open from twelve o'clock M to seven o'clock p. M. 
 
 SEC. 1790. Any school director, or director elect, is authorized to 
 administer to any school director elect, the official oath required by 
 
 SEC. 1789. (a) The ot ject of this section is to prevent a few designing 
 persons from meeting at an unusual hour, dispatching the business with un- 
 seemly haste, and adjourning before many of the electors arrive. The meet- 
 ing should be conducted with entire fairness, and an opportunity given for 
 an expression of the real sentiment of the district. 
 
 (6) In district townships, subdistricts, and in independent districts con- 
 taining less than three hundred inhabitants, the meeting may be organized 
 at any time after 9 o'clock A. M., and before 6 o'clock p. M., and may continue 
 as much more than three hours as the circumstances may require. 
 
 (c) The law contemplates at least three hours for the election in any case. 
 Iowa Keports, 37, 131; 39, 381. 
 
 (d) Chapter 169, laws of 1888, legalizes all meetings held in compliance 
 with the former law, through failure to receive notice of the amendment. 
 
 (e) Independent districts of 15,000 and upwards are not governed by this 
 section. Chapter 8, laws of 1880. 
 
 SEC. 1790. (a) When an election is contested, the person elected shall 
 have twenty days in which to qualify, after the date of the decision. Sec- 
 tion 687, Code. 
 
 (b) The secretary, unless he is a member of the board, a notary public, or 
 other civil officer qualified to administer oaths, cannot administer the oath 
 to subdirectors. A subdirector, whether holding over or elected, can admin- 
 ister the oath of qualification. 
 
58 SCHOOL LAWS OF IOWA. 
 
 law, and said official oath may be taken, on or before the third Mon- 
 day in March following the election of directors. 
 
 SEC. 1791. When any school officer is superseded by election or 
 otherwise, he shall immediately deliver to his successor in office, all 
 books, papers, and moneys pertaining to his office, taking a receipt 
 therefor; and every such officer who shall refuse to do so, or who 
 shall willfully mutilate or destroy any such books or papers, or any 
 part thereof, or shall misapply any moneys entrusted to him by virtue 
 of his office, shall be liable to the provisions of the general statutes 
 for the punishment of such offense. 
 
 SEC. 1792. Nothing in this chapter shall be so construed as to give 
 the board of directors of a district township jurisdiction over any 
 territory included within the limits of any independent district. 
 
 ATTENDANCE. 
 
 SECTION 1793. (As amended by Chap. 64, Laws of 1876, and Chap. 
 41, Laws of 1878.) Children residing: in one district may attend 
 school in another in the same or adjoining county or township, on 
 such terms as may be agreed upon by the respective boards of direct- 
 ors; but in case no such agreement is made, they may attend school 
 in any such adjoining district, with the consent of the county super- 
 intendent of the county where said pupils reside and the board of 
 directors of said adjoining district, when they reside nearer the 
 school in said district, and one and a half miles or more, by the near- 
 est traveled highway, from any school in their own. The board of 
 
 (c) The decision of a tie vote, as mode by chapter 7, laws of 1880, may 
 make it impossible for the person chosen to qualify on the third Monday in 
 March. In such case, the board should fix a reasonable time within which 
 the person must qualify. The provisions of section 687, Code, may perhaps 
 apply. See note (a) above. 
 
 SEC 1791. The language of this section includes copies of the school 
 laws, school journals, reports, and all other publications which may be re- 
 ceived by virtue of being a school officer. Sections 3908, 3917, 3918, and 
 3929, Code. 
 
 SEC. 1793. (a) If scholars reside more than one and one-half miles from 
 a school in their own district and nearer to a school in an adjoining district, 
 which they desire to attend, application should first be made to both boards 
 of directors; if the boards refuse to enter into an agreement, they may at- 
 tend school in such adjoining district with the consent of the board of the 
 district where they desire to attend and of the county superintendent of the 
 county in which the children reside. 
 
SCHOOL LAWS OF IOWA. 59 
 
 directors of the township in which such children reside, shall be noti- 
 fied in writing, and the district in which they reside shall pay to the 
 district in which they attend school, the average tuition of said chil- 
 dren per week, and an average proportion of the contingent expenses 
 of said district where they attend school ; and in case of ref usal-so-to 
 do, the secretary shall file the account for said tuition and contingent 
 expenses, certified to by the president of his board, with the county 
 auditor of the county in which said children reside, and the said 
 county auditor shall, at the time of making the next semi annual ap- 
 portionment thereafter, deduct the amount so certified from the sum 
 apportioned to the district in which said children reside and cause it 
 to be paid over to the district in which they have attended school. 
 
 (6) The notice referred to cannot be said to be officially transmitted un- 
 less signed by both the president and secretary. Payment for attendance 
 can be collected from the district where the children reside, only from the 
 date of such notice. Form 40. 
 
 (c) This notice holds only for the term, or such time as the county super- 
 intendent and board name in their written concurrent agreement. 
 
 (d) Depositing a letter in a post-office without further proof that such 
 letter reached the party addressed, is not a legal notice as required by sec- 
 tion 1793 to secure payment of tuition on the part of an adjoining district. 
 
 (e) The average proportion of tuition and contingent expenses for any 
 number of scholars is found by dividing the amount expended for these pur- 
 poses in the subdistrict where they have attended, by the total attendance 
 in days, and multiplying the quotient by the number of days said scholars 
 have attended. 
 
 (/) When scholars attend a graded school, the average tuition should be 
 computed on the basis of the expense of each pupil in the grade or room in 
 which such scholars are placed; the average expense of contingent fund 
 may be computed as a part of the whole contingent expense of such school. 
 
 (g) If scholars reside nearer to a school in their own district, or within 
 one and one-half miles of one, they can attend school in an adjoining district 
 at the expense of their own district, only by an agreement of both boards. 
 
 (h) In no case may scholars attend school in a district in which they do 
 not reside, without the consent of the board thereof. The distance should, 
 in all cases, be computed by the nearest public road. 
 
 (i) This section applies also to all independent districts, whether in the 
 same or in adjoining civil townships. 
 
 0") Any other action than compliance with the absolute and explicit 
 terms of the law, will render the collection of tuition impossible. S. L. De- 
 cisions, 107. 
 
60 SCHOOL LAWS OF IOWA. 
 
 SBC. 1794. Pupils who are actual residents of a district shall be 
 permitted to attend school in the same, regardless of the time when 
 they acquired such residence, whether before or after the enumera- 
 tion, or of the residence of their parents or guardians; but pupils 
 who are sojourning temporarily in one district, while their actual 
 residence is in another, and to whom the last preceding section is 
 not applicable, may attend school upon such terms as tha board of 
 directors may deem just and equitable. 
 
 SEC. 1795. Pupils may attend school in any subdistrict of the 
 district township in which they reside, with the consent of the sub- 
 director of such subdistrict, and of the subdirector of the subdis- 
 trict in which such pupils reside. 
 
 BOUNDARIES. 
 
 SEC. 1796. The board of directors shall, at their regular meeting 
 in September, or at any special meeting called thereafter for that 
 
 SEC. 1794. (a) The residence of the scholar, and not of the parent, de- 
 termines his right to attend school. The parent may reside in one district, 
 and the child in another. If the parent sends him into another district to 
 remain for a limited period, he may attend school only on such terms as are 
 prescribed by the board. S. L. Decisions, 113. 
 
 (6) If parties aver that their residence is in the district, the board may 
 not refuse to admit them free of tuition, or refusing, the board may be com- 
 pelled by mandamus to permit attendance and equal advantages with others. 
 
 (c) When there is a question of doubt whether parties are entitled by 
 their residence to school privileges, since the fact of residence depends upon 
 the intention of the parties themselves, their affidavits are the best guide to 
 determine the matter. 
 
 SEC. 1795. (a) In order that scholars may attend in another subdistrict 
 in their own district township, it is necessary to have the consent of both 
 subdirectors. Since this matter is placed in the hands of the subdirectors, 
 the board have no control, and the only remedy is such a redistricting, 
 under section 1796, as will better accommodate all parties. 
 
 (b) Special powers delegated to the subdirector by the law, as, for in- 
 stance, the control of the school- house in his own subdistrict, and the right 
 to determine whether scholars may attend from or in a neighboring subdis- 
 trict cannot be assumed by the board. Sections 1753 and 1795. 
 
 SEC. 1796. (a) While this section provides that boards may change sub- 
 district boundaries at the regular meeting in September, or at a special 
 meeting called for that purpose, it must be understood that such change 
 cannot be made so late as to prevent the notices for election from being 
 ' given at least five days previous to the election, as required by section 1718. 
 
SCHOOL LAWS OF IOWA. g| 
 
 purpose, divide their towoship into subdistricts, such as justice, 
 equity, and the interests of the people require; and may make such 
 alterations of the boundaries of subdistricts heretofore formed, as 
 may be deemed necessary; and shall designate such eubdistricts, and 
 all subsequent alterations, in a distinct and legible manner, upon -a 
 plat of the district provided for that purpose; and shall cause a writ- 
 ten description of the same to be recorded in the district records, a 
 copy of which shall be delivered by the secretary to the county treas- 
 urer, and also to the county auditor, who shall record the same in his 
 office; provided that the boundaries of subdistricts shall conform to 
 the lines of congressional divisions of land; and that the formation 
 and alteration of subdistricts as contemplated in this section shall 
 not take effect until the next subdistrict election thereafter, at which 
 election a subdirector shall be elected for the new subdistrict. 
 
 SEC. 1797. Incases where, by reason of streams or other natural 
 obstacles, any portion of the inhabitants of any school district can- 
 not, in the opinion of the county superintendent, with reasonable 
 facility, enjoy the advantages of any school in their township, the 
 said county superintendent, with the consent of the board of di- 
 rectors of such district as may be affected thereby, may attach such 
 part of said township to an adjoining township, and the order there- 
 for shall be transmitted to the secretary of each district, and be by 
 
 (6) It requires a vote of a majority of all the members of the board to 
 make any change in the boundaries of subdistricts. Section 1738. 
 
 (c) It is especially important that the county auditor and treasurer be 
 officially notified by the district secretary, whenever any changes are made 
 in district boundaries, by the formation of independent districts or other- 
 wise, to enable these officers to perform their duties in the levy of taxes, and 
 the apportionment and disbursement of school funds. 
 
 (d) By congressional divisions of land is meant those divisions author- 
 ized by congress in government surveys, of which the smallest is, in general, 
 one-sixteenth of a section, or a tract of forty acres in a square form. Gov- 
 ernment lines, however, sometimes meander along streams and other bodies 
 of water, and divisions of land are thus formed of less than forty acres. 
 School Law Decisions, 111. 
 
 SEC. 1797 (a) This section contains the only provision of law under 
 which a subdistrict can be formed from parts of two or more civil town- 
 ships. The law should be strictly complied with, or the proceedings will be 
 invalid. Subdistricts cannot be formed from portions of two counties. 
 
 (6) Streams well bridged, and distance, are not natural obstacles in the 
 contemplation of the law. 
 
52 SCHOOL LAWS OF IOWA. 
 
 him recorded in his records, and the proper entry made on his plat 
 of the district. 
 
 SEC. 1798. (As amended by Chap. 160, Laws of 1882.) In all 
 cases where territory has been, or may be, set into an adjoining 
 county or township, or attached to any independent school district in 
 any adjoining county or township, for school purposes, such territory 
 may be restored by the concurrence of the respective boards of di- 
 rectors; but on the written application of two thirds of the electors 
 residing upon the territory wherein such township or independent dis- 
 trict in which the school-house is not situated, the said boards shall 
 restore the territory to the district to which it geographically belongs; 
 provided however that no such restoration shall be made unless there 
 are fifteen or more pupils between the ages of five and twenty-one 
 years, actually residing upon said territory sought to be restored, and 
 not until there has been a suitable school-house erected and com- 
 pleted, within the limits of said territory, suitable for school pur- 
 poses. 
 
 SEC. 1*799. The boundary lines of a civil township shall not be 
 changed by the board of supervisors of any county, so as to divide 
 any school district by changing the boundary lines thereof, except 
 when a majority of the voters of such district shall petition therefor; 
 provided however that this shall not prevent the change of the boun- 
 dary lines of any civil township, when such change is made by adopt- 
 ing the lines of congressional townships. 
 
 (c) Such subdistricts can be formed only by concurrent action of the 
 board of the district from which the territory is taken and the county 
 superintendent. As the county superintendent has original concurrent 
 jurisdiction, no appeal can be taken from the board's refusal to give consent. 
 
 SEC. 1798. When the boundaries of districts are changed, the territory 
 transferred carries with it a just proportion of all assets and liabilities of 
 the district from which it is taken. 5S Iowa, 77. 
 
 SEC. 1799. (a) District township boundaries must conform to the 
 boundaries of civil townships under the provisions of section 1713. The 
 boundaries of independent districts are not affected by the change of civil 
 township boundaries. 
 
 (6) The words school district in this section mean also subdistrict. Sec- 
 tion 379, Code. 
 
SCHOOL LAWS OF IOWA. 53 
 
 FORMATION OF INDEPENDENT DISTRICTS. 
 
 SECTION 1800. (As amended by Chap. 139, Laws of 1880.) Any 
 city, town or village containing not lees than two hundred inhabitants 
 within its limits, may be constituted a separate school district; and 
 territory contiguous to such city, town or village, may be included 
 with it as a part of said separate district, in the manner hereinafter 
 provided. The village herein mentioned shall be understood to be a 
 collection of inhabitants residing within the limits of a town plat, 
 and not organized into a city or incorporated town. 
 
 SEC. 1801. At the written request of any ten legal voters residing 
 in such city or town, the board of directors of the district township 
 shall establish the boundaries of the contemplated school district, in- 
 cluding such contiguous territory as may best subserve the conven- 
 ience of the people for school purposes, and shall give at least ten 
 days' previous notice of the time and place of meeting of the electors 
 
 SEC. 1800. (a) The two hundred inhabitants must be contained within 
 the limits of the town or village. 70 Iowa, 434. Additional territory should 
 be given by the board in forming the new independent district. Usually, 
 territory equivalent to about four government sections, will constitute a 
 proper district. 
 
 (6) An independent district cannot be formed from a city, town or vil- 
 lage situated within an independent district, because no district township 
 board can establish the boundaries, as provided by sections 1801 and 1805. 
 
 SEC. 1801. (a) The contemplated independent district must include all 
 of the city, town or village, and may include as much contiguous territory 
 as the board think proper. It is not limited by subdistrict lines, but may, if 
 necessary, include a part or all of two or more subdistricts. When the 
 boundaries extend beyond the limits of a town or city; they must conform 
 to lines of congressional divisions of land. Note (a) to section 1800. 
 
 (b) The board of the district township in which a majority of the voters 
 of the contemplated independent district reside, may establish the bounda- 
 ries of said district without the concurrence of any other board, even when 
 said territory is taken from two or more civil townships in the same or ad- 
 joining counties. Section 1805. 
 
 (c) The notices of the election to determine the question of a separate 
 organization should state clearly the boundaries of the proposed district. 
 
 (d) The president and secretary of the district township should act as 
 chairman and secretary of this meeting, and as judges of election; in their 
 absence a chairman and secretary should be chosen by the electors. 
 
 (e) All of the electors residing within the proposed limits must be per- 
 mitted to vote on the question of separate organization. 17 Iowa, 85. 
 
g4 SCHOOL LAWS OF IOWA. 
 
 residing in said district, by posting written notices in at least five 
 conspicuous places therein; at which meeting the said electors shall 
 vote by ballot, for or against, a separate organization. 
 
 SEC. 1802. (As amended by Chap. 27, Laws of 1874, and Chap. 
 143, Laws of 1880.) Should a majority of votes be cast in favor of 
 such separate organization, the board of directors of the district town- 
 ship, shall give similar notice of a meeting of the electors for the 
 election of six directors. Two of these directors shall hold their 
 office until the first annual meeting after their election, and until their 
 successors are elected and qualified; two until the second, and two 
 until the third annual meeting thereafter; their respective terms of 
 office to be determined by lot. The six directors shall constitute a 
 board of directors for the district, and they shall, at their first regular 
 meeting in each year, elect a president from their own number; and 
 at their meeting on the third Monday of September in each year, a 
 secretary and treasurer to be chosen outside of the board; provided 
 that in all independent districts having a population of less than five 
 hundred, there shall be three directors elected, who shall organize by 
 electing a president from their own number, also a secretary, who 
 may or may not be a member of the board, and a treasurer, who shall 
 
 (f) At the meeting to determine the question of separate organ! zation 
 the polls must remain open from 9 o'clock A. M. until 4 o'clock p. M. 34 
 Iowa, 3C6. 
 
 SEC. 1802. (a) The first board will enter upon the discharge of official 
 duties as soon as qualified, and organize by electing a president, a secretary 
 and a treasurer; the term of office of the president will expire on the third 
 Monday in March following his election; of the secretary and treasurer on 
 the third Monday in September after their election. 
 
 (b) The secretary should immediately file with the county superintendent, 
 auditor and treasurer, each, a certificate, showing the officers of the board, 
 and their post-office address, and should notify them of all subsequent 
 changes made in the officers of the board. Section 1736. 
 
 (c) In all independent districts, the president is chosen by the board, 
 from their own number, on the third Monday in March. He has the right 
 to vote on all questions coming before the board. Note (b) to section 1739. 
 
 (d) The secretary and treasurer are elected on the third Monday in Sep- 
 tember. In districts containing over five hundred inhabitants, they must 
 be chosen outside of the board. In districts containing less, the secretary 
 may or may not be chosen from the board, but the treasurer must be chosen 
 outside the board. Chosen from the board, of course the secretary has a vote. 
 
 (e) The secretary and the treasurer have ten days in which to qualify. Sec- 
 tion 1721. 
 
SCHOOL LAWS OF IOWA. ^5 
 
 not be a member of the board ; and provided further that in all in- 
 dependent districts already organized, the terms of office of such di- 
 rectors as may have been chosen previous to the taking effect of this 
 section for two or three years, shall not be interfered with by its 
 passage. 
 
 SEC. 1803. Said meeting for the first election of directors shall or- 
 ganize by appointing a president and secretary, who shall act as 
 judges of the election, and issue a certificate of election to the persons 
 elected. 
 
 SEC. 1804. The organization of such independent district shall be 
 completed, on or before the first day of August of the year in which 
 said organization is attempted, and when such organization is thus 
 completed, all taxes levied by the board of directors of the district 
 township of which the independent district formed a part, in that 
 year, shall be void so far as the property within the limits of the in- 
 dependent district is concerned; and the board of directors of such 
 independent district shall levy all necessary taxes for school purposes, 
 as provided by law, for that year, at a meeting called for that pur- 
 pose, at any time before the third Monday of August of that year, 
 which shall be certified to the board of supervisors, on or before the 
 first Monday of September, and said board of supervisors shall levy 
 said tax at the time, and in the manner, that school taxes are requireed 
 to be levied in other districts. 
 
 (f) The last official census will, as a general rule, be sufficiently accurate 
 to determine questions relating to the population; but in case of doubt, the 
 actual existing facts govern ; which may be ascertained by any reliable means. 
 
 (g) In case the board fail to elect an officer on the day fixed by law, or at 
 an adjourned meeting the day of which was fixed at adjournment, the in- 
 cumbent holds over, and should qualify anew. Section 690, Code, 
 
 (h) If the treasurer continues in office by reason of failure to elect a suc- 
 cessor, his bond should be renewed and he should produce and account for 
 the funds in his hands, and the statement of such settlement should be in- 
 dorsed on his new bond. Note (d) to section 1751. 
 
 (t) All proceedings connected with the organization of the district should 
 be recorded by the secretaries in the records of the districts, so that the facts 
 concerning its formation and organization may be readily obtained, in case 
 the validity of the proceedings should ever be questioned. 
 
 SEC. 1804. (a) This section is construed to mean that the organization 
 contemplated must be made between January first and the first of August. 
 
 (6) When a new independent district is organized, as provided by this 
 section, the board have authority to determine and certify all necessary 
 taxes, for school purposes, for that year, including school- house taxes. 
 9 
 
66 SCHOOL LAWS OF IOWA. 
 
 SEC. 1805. In case such district is formed of parts of two or more 
 civil townships in the same or adjoining counties, the duty of giving 
 the notice shall devolve upon the board of directors of the township 
 in which a majority of the legal voters of the contemplated district 
 reside. 
 
 SEC. 1806. Said district may have as many schools, and be divided 
 into such wards and other subdivisions for school purposes, as the 
 board of directors may deem proper; and shall be governed by the 
 laws enacted for the regulation of district townships, so far as the 
 same may be applicable. 
 
 INDEPENDENT DISTRICT ELECTION. 
 
 SECTION 1807. (As amended by Chap. 131, Laws of 1886.) It shall 
 be lawful for the electors of any independent district, at the annual 
 meeting of such district, to vote a tax, not exceeding ten mills on the 
 dollar, in any one year, on the taxable property of such district, as 
 the meeting may deem sufficient for the purchase of grounds and the 
 construction of the necessary school-houses for the use of such inde- 
 pendent district, and for the payment of any debts contracted for the 
 erection of such school-houses, and for procuring a library and appa- 
 ratus for the use of the schools of such independent district. And 
 said electors may direct the sale or other disposition to be made of any 
 school-house or the site thereof, or any part of such site, and of such 
 other property, real and personal, as may belong to the independent 
 district, and direct the manner in which the proceeds arising there- 
 from shall be applied. 
 
 SEC. 1805. An independent district composed of territory from two coun- 
 ties, belongs, for school purposes, to the county wherein a majority of the 
 scholars reside. A certificate to teach should be issued by the superintend- 
 ent of the county to which it thus belongs, which certificate is valid for any 
 school in the district. 
 
 SEC. 1807. (a) The power to vote school-house taxes belongs exclusively 
 to the electors. The amount deemed necessary, and not a certain number 
 of mills, should be voted. The sums necessary for the teachers' and contin- 
 gent funds are determined by the board of directors. 41 Iowa, 180. 
 
 (b) The electors frequently assume powers not granted to them by the 
 law. They have only such powers as are specifically named in the law. 
 
 (c) Independent districts of 15,000 and upwards are governed by chapter 
 8, laws of 1880. 
 
SCHOOL LAWS OF IOWA. 57 
 
 SEC. 1808. (As amended by Chap. 7, Laws of 1880.) The annual 
 meeting of all independent districts shall be held on the second Mon- 
 day in March, for the transaction of the business of the district, and 
 for the election by ballot of two directors, as the successors of the 
 two whose term expires, who shall continue in office for three yearB; 
 and the president, secretary, and one of the directors then in office, 
 shall act as judges of the election, and shall issue certificates of elec- 
 tion to the persons elected for the ensuing term; provided, that in 
 all independent districts, having a population of less than five hun- 
 dred, there shall be elected, annually, one director, who shall con- 
 tinue in office for three years. In cases of a tie vote in the election 
 of director, or directors, the secretary shall notify them to appear at 
 the regular meeting of the board on the third Monday in March, to 
 determine their election by lot before one or more members of the 
 board elected, and the certificate of election shall be given accord- 
 ingly. Should either party fail to appear or take part in the lot, the 
 secretary shall draw for him. 
 
 CHANGES IN FORM OF DISTRICT. 
 
 SECTION 1809. When an independent district has been formed out of 
 a civil township, or townships, as herein contemplated, the remainder 
 of such township, or of each of such townships, as the case may be, 
 shall constitute a district township as provided in section seventeen 
 hundred and thirteen of this chapter, and the boundaries between 
 
 SEC. 1808. (a) All vacancies which have occurred in the board, during 
 the year, should also be filled by election, and the ballot should designate the 
 vacancy to be filled; the persons so elected hold for the residue of the unex- 
 pired term; all persons appointed to fill vacancies in office hold until the 
 next regular election. Constitution of Iowa, article 11, section 6; also, sec- 
 tion 785, Code. 
 
 (6) Members elect enter upon their duties at the time of the regular meet- 
 ing of the board, on the third Monday in March. For time and manner of 
 choosing officers of the board, see sections 1721, 1790, 1802, 1806, and notes. 
 
 (c) In independent districts, a director holding over and qualifying anew 
 is only entitled to hold the office until it can be filled at the next election. 
 54 Iowa, 487. 
 
 SEC. 1809 (a) The change of boundaries authorized by this section may 
 be made at any time of year. 
 
 (6) If the boundary between an independent district and district town- 
 ship is the line of the civil township, it cannot be changed; but if the inde- 
 
68 SCHOOL LAWS OF IOWA. 
 
 such district township and independent district may be changed, or 
 the independent district abandoned, at any time, with the concurrence 
 of the respective boards of directors. 
 
 SEC. 1810.' In case an independent district embraces a part or the 
 whole of a civil township which has no separate district township 
 organization, upon the written application of two-thirds of the elect- 
 ors residing upon the territory of such independent district, and 
 within such civil township, to the board of directors, they shall set 
 off such territory, whether provided with school-houses or not, to be 
 organized as a district township in the manner provided for such or- 
 ganization when a new civil township is formed. 
 
 SEC. 1811. (As amended by Chap. 63, Laws of 1888.) Independent 
 districts located contiguous to each other, may unite and form one 
 and the same independent district, in the manner following: At the 
 written request of any ten legal voters residing in each of said inde- 
 pendent districts, or, should there not be ten legal voters in one of 
 such districts, then at the written request of the majority of such 
 voters, their respective boards of directors shall require their secre- 
 taries to give at least ten days' notice of the time and place for a 
 meeting of the electors residing in such districts, by posting written 
 notices in at least five public places in each of said districts, at which 
 
 pendent district includes a portion of a civil township, the remainder of 
 which constitutes a district township, the boundaries may be changed. 
 
 (c) Chapter 62, laws of 1888, provides for change of boundaries between 
 adjoining independent districts in the same civil township. 
 
 (d) Where a change of boundaries between districts is desired, and one of 
 the boards acts favorably to the change, a petition may be presented to the 
 other board to concur in that action, although they formerly may have re- 
 fused to grant a similar petition. From the action of the latter board upon 
 this petition, an appeal may be taken. 
 
 (e) No appeal can be taken from an action of the board taking the initia- 
 tory step, while it requires the concurrence of another board to complete 
 the action. The concurrence or non-concurrence of the second board is the 
 order from which an appeal may be taken. S. L. Decisions, 24 and 58. 
 
 (/) When an appeal is taken from the proper board, the county superin- 
 tendent must affirm the action of one board or the other, but cannot himself 
 modify the action of the board acting first. 
 
 (g) Territory transferred from one district to another carries with it an 
 equitable proportion of the assets and liabilities of the district from which 
 it is taken; the district accepting it becoming responsible for such liabilities .. 
 
SCHOOL LAWS OF IOWA. gg 
 
 meetings the said electors shall vote by ballot for or against a con- 
 solidated organization of said independent districts; and if a majority 
 of the votes cast at the election in each district, shall be in favor of 
 uniting said districts, then the secretaries shall give similar notice of 
 a meeting of the electors as provided for, by the law, for the organi- 
 zation of independent districts. The independent district thus con- 
 solidated shall be completed, and its directors governed by the same 
 provisions of the law which apply to other independent districts. 
 Where from the courses of Iowa rivers, and the contour of the ad join- 
 ing territory, theproper school facilities cannot be given to the school 
 children of each territory by forming school districts from the terri- 
 tory in any one county, independent school districts may be formed 
 from the contiguous territory in adjoining counties. Any independ- 
 ent school district heretofore formed under this section, where there 
 were less than ten legal voters residing therein at the time of the 
 consolidation, is hereby legalized and made valid provided that two- 
 thirds of the legal voters then residing in such independent district 
 petition for such consolidation. 
 
 SEC. 1812. Where, under the school laws of the state heretofore 
 in force, for the convenience and accommodation of the people, 
 school districts were formed of portions of two counties of territory 
 lying contiguous to each other, at the written request of five legal 
 voters residing in portions of said territory in each county, the board 
 of directors of the district township to which such territory belongs, 
 having a majority of the legal voters, shall fix the boundaries of an 
 independent school district composed of such sections of land, or por- 
 tions thereof, as may be described in the petition therefor, and shall 
 give at least ten days' notice of the submission of the question of the 
 formation of said independent district, at a special election for said 
 purpose, specifying the boundaries of the district, the time and place 
 of meeting of the electors for such election, at which meeting the 
 electors in the contemplated district shall vote by ballot for or 
 against the separate organization. Should a majority of the votes be 
 cast in favor of such separate organizition, the said board of 
 directors shall proceed by ballot to elect officers in the manner pro- 
 vided by law, and organize such independent district. 
 
 SEC. 1812. The language of the last clause is construed to mean that the 
 board shall proceed to call an election in the independent district for the 
 election of directors, as provided by section 1802. 
 
70 SCHOOL LAWS OF IOWA. 
 
 SEC. 1813. The boards of directors of the several independent 
 school districts are hereby required to publish, two weeks before the 
 annual school election in such district, by publication in one or more 
 newspapers, if any are published in such district, or by posting up in 
 writing, in not less than three conspicuous places in such independent 
 district, a detailed and specific statement of the receipts and dis- 
 bursements of all funds expended for school and building purposes, 
 for the year preceding such annual election. And the said boards of 
 directors shall also, at the same time, publish in detail, an estimate of 
 the several amounts which, in the judgment of such board, are neces- 
 sary to maintain the schools in such district, for the next succeeding 
 school year; and failure to comply with the provisions of this sec- 
 tion, shall make each director liable to a penalty of ten dollars. 
 
 SBC. 1814. Township districts may be consolidated and organized 
 as independent districts, in the following manner: Whenever the 
 board of directors of any existing district township shall deem the 
 same advisable, and also whenever requested to do so by a petition 
 signed by one-third of the voters of the district township, the board 
 shall submit to the voters of said district township, at a regular elec- 
 tion, or one called for the purpose, the question of consolidation, at 
 which election the voters of the district township shall vote for, or 
 against consolidation. If a majority of votes shall be in favor of 
 such consolidated organization, such district township shall organize 
 on the second Monday of March following, as an independent district; 
 provided that in townships which have been divided into independ- 
 ent districts, the duties in this section devolving on the board of di- 
 
 SEC. 1813. (a) This statement should show the total receipts and ex- 
 penditures for each fund, followed by an estimate of the amount required 
 for each fund, to maintain the schools for the ensuing year. The detailed 
 and specific statement of the receipts and disbursements of all funds ex- 
 pended, should be sufficiently itemized to show the amount received from 
 each separate source, also the amount expended for each particular purpose. 
 
 (&) This statement is for the information of the electors, but they should 
 not vote upon the amount of taxes to be levied for contingent and teachers r 
 fund, since these matters are determined by the board. Section 1777. 
 
 SEC. 1814. (a) Any district township may organize into a single inde- 
 pendent district, embracing the whole township. The vote may be ordered 
 at any regular or special meeting of the board, and submitted to the electors 
 at any time of the year, but if carried in the affirmative, does not take 
 effect until the second Monday in March following, when the directors are 
 elected. 
 
SCHOOL LAWS OF IOWA. 
 
 71 
 
 rectors, shall be performed by the trustees of the township, to whom 
 the petition shall in such cases be addressed; and provided further 
 that nothing in this section shall be construed to affect independent 
 districts composed wholly or mainly of cities or incorporated towns. 
 Independent districts may, in like manner, change their boundaries 
 so as to form any number of districts less than the number of dis- 
 tricts existing at the time such change is asked for, and such changes 
 shall be specified in the notices for a vote thereon. 
 
 SEC. 1815. (As amended by Chap. 155, Laws of 1876.) The inde- 
 pendent districts of a civil township may be constituted a district 
 township in the manner hereinafter provided. 
 
 SEC. 1816. (As amended by Chap. 155, Laws of 1876.) At the 
 written request of one-third of the legal voters residing in any civil 
 township, which is divided into independent districts, the township 
 trustees shall call a meeting of the qualified electors of such civil 
 
 (&) By adopting the independent district system, there will be but six 
 directors in any case, and but three where the township contains less than 
 five hundred inhabitants. At the first election the whole number is elected, 
 and divided by lot into three classes; after which, one or two directors only 
 will be elected annually. 
 
 (c) When independent districts have been formed from the subdistricts 
 of a township, they may also, under the provisions of this section, unite 
 into one independent district. In this case the petition of one- third of the 
 electors in the township should be presented to the township trustees, 
 whose duty it is to call the meeting to vote on the question of consolidation. 
 
 (d) The plan of making each civil township an independent district, gov- 
 erned by a board chosen from the township at large, is, in many respects, 
 the best system yet devised. It reduces the number of school officers, pro- 
 vides for gradual changes in the board, secures uniform taxation for the 
 support of schools throughout the township, encourages the establishment 
 of graded schools for advanced scholars, and tends to the selection of teach- 
 ers according to the qualifications and work required in each single case. 
 
 SEC. 1815. (a) The electors of any civil township which has adopted the 
 independent district organization, may vote upon the question of returning 
 to the district township organization, under sections 1815-1820, as amended. 
 This operates as a repeal of these sections as found in the Code of 1873. 
 
 (6) A single independent district, embracing the whole of the civil town- 
 ship, may be formed by section 1814; a system possessing many advantages 
 over any other, in simplicity of organization, permanency of officers, uni- 
 formity of taxation, and economy of management. ^Note (d) to section 1814. 
 
 SEC. 1816. (a) The petition provided for in this section may be pre- 
 sented to the trustees and the vote ordered at any time of the year. 
 
72 
 
 SCHOOL LAWS OF IOWA. 
 
 township, at the usual place of holding the township election, by 
 giving at least ten days' notice thereof, by posting three written 
 notices in each independent district in the township, and by publica- 
 tion in a newspaper, if one be published in such township, at which 
 meeting the said electors shall vote by ballot for or against a district 
 township organization. 
 
 SEC. 1817. (As amended by Chap. 155, Laws of 1876.) If a major- 
 ity of the votes cast at such election be in favor of such district town- 
 ship organization, each independent district shall become a subdis- 
 trict of the district township, and shall organize as such subdistrict 
 on the first Monday in March following, by the election of a subdi- 
 rector. 
 
 SEC. 1818. (As amended by Chap. 155, Laws of 1876.) Each sub- 
 district so formed shall hold a meeting on the first Monday in March, 
 for the election of a subdirector; five days' notice of which meeting 
 shall be given by the secretary of the old independent district, by 
 posting written notices in three public places in each district, which 
 notices shall state the hour and place of meeting. 
 
 SEC. 1819. (As amended by Chap. 155, Laws of 1876.) District 
 townships organized under the provisions of the preceding four sec- 
 tions, shall be governed and treated in all respects as other district 
 townships; provided that nothing in this act shall be construed to 
 
 (6) The meeting held to determine the question of district township or- 
 ganization, is a township meeting; if the vote is in the affirmative, each and 
 every independent district in the township, except those composed of cities 
 or towns, becomes a subdistrict of the district township. 
 
 (c) The township trustees may act as judges of this election; in their 
 absence the electors assembled may choose a chairman and one or two sec- 
 retaries to act as judges. The polls should be kept open from 9 A. M. to 4 
 p. M. Note (/) to section 1801. 
 
 SEC. 1817. The board of each independent district will continue to act 
 until the third Monday in March following the election, at which time a 
 full statement of all assets and liabilities of the district should be reported 
 to the board of the district township when organized. 
 
 SEC. 1818. For powers and duties of this meeting, see sections 1718 and 
 1719 and notes. 
 
 SEC. 1819. (a) Upon the organization of the district township, the sec- 
 retary should file with the county auditor and treasurer a certified plat of 
 the district, and report to the county superintendent, auditor and treasurer 
 the name and address of each officer of the board. 
 
SCHOOL LAWS OF IOWA. 73 
 
 affect independent districts composed, wholly or mainly, of cities or 
 incorporated towns. 
 
 SEC. 1820. (As amended by Chap. 155, Laws of 1876.) When any 
 district township is organized under the provisions of the preceding 
 five sections, the subdirectors shall organize as a board of directors, 
 on the third Monday in March, and make an equitable settlement of 
 the then existing assets and liabilities of the several independent dis- 
 tricts. 
 
 BONDS. 
 
 SECTION 1821. (As amended by Chap. 121, Laws of 1876.) Inde- 
 pendent school districts shall have the power and authority to borrow 
 money, for the purpose of redeeming outstanding bonds, and erecting 
 and completing school houses, by issuing negotiable bonds of the in- 
 dependent district, to run any period not exceeding ten years, draw- 
 ing a rate of interest not to exceed ten per centum per annum, which 
 interest may be paid semi- annually; which said indebtedness shall be 
 binding and obligatory on the independent district for the use of 
 which said loan shall be made; but no district shall permit a greater 
 
 (6) The district township meeting should be held on the second Monday 
 in March, for the purpose of voting the necessary school-house taxes, as 
 provided in section 1717. 
 
 SEC. 1820. (a) Between the time of the election provided for in section 
 1816, and the third Monday in March following, the boards of the several 
 independent districts have authority to perform all necessary acts relating 
 to the affairs of their districts, but they cannot incur any indebtedness, nor 
 make any contracts, except such as may be necessary to maintain the usual 
 schools of their districts. 
 
 (6) The district township receives all the assets and assumes all the lia- 
 bilities of the several independent districts. In case an independent district 
 has issued bonds, or otherwise incurred an indebtedness, for the erection of 
 a school-house, the board of the district township have authority to appor- 
 tion school- house taxes for the payment of such indebtedness, from time to 
 time, as j ustice and equity may require. 
 
 SEC. 1821. (a) Bonds voted under the provisions of this section may be 
 issued and sold as the necessities of the independent district require, but 
 cannot be made available for the purchase of school-house sites. 
 
 (6) Chapter 132, laws of 1878, and chapter 51, laws of 1880, provide for 
 the issue of bonds by the board to fund judgment indebtedness. 
 
 10 
 
74 SCHOOL LAWS OF IOWA 
 
 outstanding indebtedness than an amount equal to five per centum of 
 the last assessed value of the property of the district. 
 
 SEC. 1822. (As amended by Chap. 59, Laws of 1880.) The di- 
 rectors of any independent district, may submit to the voters of their 
 district, at the annual or a special meeting, the question of issuing 
 bonds as contemplated by the preceding section, giving the same 
 notice of such meeting as is now required by law to be given for the 
 election of officers of such districts, and the amount proposed to be 
 raised by the sale of such bonds, which question shall be voted upon 
 by the electors, and if a majority of all the votes cast on that ques- 
 tion be in favor of such loan, then said board shall issue bonds to the 
 amount voted, in denominations of not less than twenty-five dollars, 
 nor exceeding one thousand dollars, due not more than ten years after 
 date, and payable at the pleasure of the district at any time before 
 due, which said bonds shall be given in the name of the independent 
 district issuing them, and shall be signed by the president of the 
 board, and attested by the secretary, and delivered to the treasurer, 
 taking his receipt therefor, who shall negotiate said bonds at not less 
 than their par value, and countersign the same when negotiated. The 
 treasurer shall stand charged upon his official bond with all bonds 
 that may be delivered to him; but any bond or bonds not negotiated 
 may be returned by him to the board. 
 
 SEC. 1823. If the electors of an independent school district which 
 has issued bonds, shall, at the annual meeting in March for any year, 
 fail to vote sufficient school-house tax to raise a sum equal to the in- 
 terest on the outstanding bonds which will accrue during the then 
 coming year, and such portion of the principal as will liquidate and 
 pay off said bonds at maturity, then it shall be lawful for the board 
 of such district, to vote a sufficient rate on the taxable property of 
 the district, to pay such interest, and such proportionate portion of 
 the principal as will pay said bonds in full, by the time of their ma- 
 turity, and shall cause the same to be certified and collected, the same 
 as other school taxes. 
 
 (c) Chapter 132, laws of 1880, as amended, provides for the refunding of 
 bonded and judgment indebtedness, by a two-thirds vote of the board, with- 
 out a vote of the electors, but the interest upon bonds so issued is limited 
 to seven per cent, and the bonds must run at least five years. 
 
SCHOOL LAWS OF IOWA. 75 
 
 SEC. 1824. All school orders shall draw lawful interest, after 
 having been presented to the treasurer of the district,"and not paid for 
 want of funds, which fact shall be indorsed upon the order by the 
 treasurer. 
 
 SCHOOL HOUSE SITES. 
 
 SECTION 1825. It shall be lawful for any district township or in- 
 dependent district, to take and hold, under the provisions contained 
 in this chapter, so much real estate as may be necessary for the loca- 
 tion and construction of a school-house, and convenient use of the 
 school; provided that the real estate so taken, otherwise than by the 
 consent of the owner or owners, shall not exceed one acre. 
 
 SEC. 1826. The site so taken must be on some public highway, at 
 least forty rods from any residence, the owner whereof objects to its 
 being placed nearer, and not in any orchard, garden or public park. 
 But this section shall not apply to any incorporated town. 
 
 SEC. 1824. The board may not authorize the payment of interest to ex- 
 ceed six per cent. If no rate is specified in the order it will draw six per 
 cent. Interest can be paid on an order only from the date of its presenta- 
 tion, whether the rate is specified in the order or not. 51 Iowa, 102. 
 
 SEC. 1825. (a) A site of less than one acre may be enlarged to an acre. 
 
 (6) The acre contemplated in this section means exclusive of highway. 
 
 (c) Property encumbered, occupied as a homestead, or belonging to 
 minor heirs, may be taken under the provisions of this section. 
 
 (d) If the district cannot establish its claim to the school- house site, 
 owing to the loss of the deed, or for other reason, and the owner refuses to 
 grant the site, the district may avail itself of the provisions of this and the 
 following sections and secure a site not to exceed one acre. 
 
 SEC. 1826. (a) All sites taken under these sections, must be located on a 
 public road, and at least forty rods from any residence, the owner whereof 
 objects to its being placed nearer, except in incorporated towns. 
 
 (&) When a site is sought to be condemned, the distance of forty rods 
 mentioned in this section, is measured from the nearest part of the resi- 
 dence to the nearest part of the site, in a straight line. 
 
 (c) Under the Iowa statute of limitations, ten years' use of a highway 
 by the public, under a claim of right, will bar the owner of the soil. 19 
 Iowa, 123. 
 
 (d) If the public, with the knowledge of the owner of land, has claimed 
 and continuously exercised the right of using the same for a public high- 
 way, for a period equal to that fixed by the statute for the limitation of real 
 actions, a complete right to the highway thereby becomes established 
 against the owner, unless it appears that such use was by favor, leave or 
 mistake. 22 Iowa, 457. 
 
rjQ SCHOOL LAWS OF IOWA. 
 
 SEC. 1827. (As amended by Chap. 134, Laws of 1886.) If the 
 owner of any such real estate refuse or neglect to grant the site 
 on his premises, or if such owner cannot be found, the county 
 superintendent 'of the county in which said real estate may be 
 situated, shall, upon application of either party, appoint three dis- 
 interested persons of said county, unless a smaller number is 
 agreed upon by the parties, who shall, after taking an oath to faith- 
 fully and impartially discharge the duties imposed on them by this 
 chapter, inspect said real estate, and assess the damages which said 
 owner will sustain, by appropriation of his land for the use of said 
 house and school, said county superintendent giving to the owner of 
 such real estate, the same notice as is required for the commencement 
 of a suit at law, in the district court, of the time of such assessment 
 of damage, and make a report in writing, to the county superintend- 
 ent of said county, giving the amount of damages, description of 
 land, and exact location, who shall file and preserve the same in his 
 office. If said board shall, at any time before they enter upon said 
 land, for the purpose of building said house, deposit with the county 
 treasurer, for the use of said owner, the sum so assessed as aforesaid, 
 they shall be thereby authorized to build such house, and maintain 
 the right to said premises; provided that either party may have the 
 right to appeal from said assessment of damages, to the district court 
 of the county where such real estate is situated, within twenty days 
 after receiving notice that such assessment is made, which appeal 
 shall be final; but such appeal shall not delay the prosecution of work 
 upon said house, if said board shall pay, or deposit with the county 
 
 SEC. 1827. (a) If personal service cannot be made, as provided by sec- 
 tions 2601-2610, Code, the notice must be published, four consecutive weeks, 
 previous to the appraisement, in a newspaper. Sections 2618-2620, Code. 
 Forms 41, 42, 43, 44 and 45. 
 
 (6) The appraisers are entitled to two dollars for each day's service, and 
 ten cents per mile from their residence to the location of the property ap- 
 praised. Sections 3811-3813, Code. 
 
 (c) When the owner of land taken under section 1827 is unknown, or can- 
 not be found, it is not necessary to print the report of appraisement, or to 
 attempt other notice to said owner, than the printed notice required by this 
 section. It is sufficient for the county superintendent to send a certified 
 copy to the board. 
 
 (d) If the board have deposited with the county treasurer the amount 
 assessed by the appraisers in accordance with this section, we think the 
 courts would hold that the district had come into possession of the site. 
 
SCHOOL LAWS OF IOWA, 77 
 
 treasurer, the amount so assessed by such appraisers, and in no case 
 shall said board be liable for costs on appeal, unless the owner of 
 said real estate shall be adjudged a greater amount of damages than 
 was awarded by said appraisers. The board shall in all cases pay 
 costs of the first assessment. 
 
 SEC. 1828. The title acquired by said school districts in and to 
 said real property shall be for school purposes only, and in case the 
 same should cease to be used for said purpose, for the space of two 
 years, then the title shall revert to the owner of the fee, upon the re- 
 payment by him of the principal amount paid for said land, by said 
 districts, without interest, together with the value of any improve- 
 ments thereon erected by said districts; provided that during the 
 time said site is used for school purposes, the owners of the fee shall 
 not injure or remove the timber standing and growing thereon. 
 
 APPEALS. 
 
 SECTION 1829. Any person aggrieved by any decision or order of 
 the district board of director?, in matter of law or of fact, may, within 
 thirty days after the rendition of such decision, or the making of such 
 
 (e) The money deposited with the county treasurer should be held for the 
 benefit of the owner of the fee, and not for the mortgagee. 
 
 (/) Since the receipt of the treasurer for the money deposited with him 
 for the owner of the land, may be the only evidence of title, such a receipt 
 should have a full description of the property, containing the proviso of 
 note (b} of form 15, and should be recorded by the county recorder. 
 
 SEC. 1828. (a) No deed or other instrument from the owner is required to 
 authorize the district to occupy the land for school purposes. The proceed- 
 ings should be recorded in full by the district secretary. 
 
 (b) In case the land desired for a school site is under mortgage, the dis- 
 trict may receive from the owner the lease of a portion not to exceed one 
 acre, to be held by the district as long as used for school purposes, and when 
 no longer so used, to revert to the owner, as provided by this section. 
 
 SEC. 1829. (a) The right of appeal is limited to persons aggrieved or in- 
 juriously affected by the decision or order complained of. 
 
 (b) After the expiration of thirty days, the county superintendent can- 
 not entertain an appeal. 
 
 (c) AH the decisions or orders of the board of directors are subject to 
 revision on appeal. When the act complained of is of a discretionary 
 character, the action of the board should be sustained, unless it is clearly 
 shown that the board violated law, abused its discretion, or acted with 
 manifest ID justice. S. L. Decisions, 35. 
 
78 
 
 SCHOOL LAWS OF IOWA. 
 
 order, appeal therefrom to the county superintendent of the proper 
 county. 
 
 SEC. 1830. The basis of the proceeding shall be an affidavit, filed 
 by the party aggrieved with the county superintendent, within the 
 time for taking the appeal. 
 
 SEC. 1831. The affidavit shall set forth the errors complained of in 
 a plain and concise manner. 
 
 SEC. 1832. The county superintendent shall, within five days after 
 the tiling of such affidavit in his office, notify the secretary of the 
 proper district, in writing, of the taking of such appeal. And the 
 latter shall, within ten days after being thus notified, file in the office 
 of the county superintendent, a complete transcript of the record and 
 
 (d) To correct an illegal action of the board, certiorari, and not appeal, 
 is the remedy. 65 Iowa, 215. 
 
 (e) No appeal can be taken from the action of the board taking the initia- 
 tory step, while it requires the concurrence of another board to complete 
 the action. The concurrence or non-concurrence of the second board is the 
 order from which an appeal may be taken. S. L. Decisions, 24 and 58, also 
 notes (d), (e) and (/) to section 1809. 
 
 SEC. 1830. An affidavit is a written declaration under oath, made with- 
 out notice to the adverse party. Section 3889, Code. It must be sworn to 
 before some officer authorized to administer oaths. A county superintend- 
 ent can have no jurisdiction of an appeal case until such affidavit has been 
 filed. A notice of intention to file an affidavit, a verbal complaint, or a 
 petition, is not sufficient to give the county superintendent jurisdiction in 
 appeal cases. Form 46. 
 
 SEC. 1831. (a) The affidavit should contain, first, a statement of the 
 decision complained of and its date; second, a statement of facts showing 
 that the appellant has an interest in the decision, and is injuriously affected 
 by it; third, the assignment of errors. Form 46. 
 
 (&) This affidavit being the first paper filed, care should be taken that the 
 case is properly entitled, and this title should be preserved throughout the 
 further progress of the appeal. The date of filing should be indorsed upon 
 the affidavit by the superintendent. 
 
 SEC. 1832; (a) The notice should describe the decision or order appealed 
 from, so that it may be identified, and should require the district secretary 
 to file the transcript with the superintendent within the time specified. 
 The notice may be served personally or sent by mail. Form 47. 
 
 (6) The secretary shall make and forward a transcript or copy of the 
 record of all actions of the board relating to the decision or order appealed 
 from, also of all petitions, remonstrances, plats, and papers pertaining 
 thereto. The original papers must be preserved with the district records. 
 Form 48. 
 
SCHORL LAWS OF IOWA. 79 
 
 proceedings relating to the decision complained of, which transcript 
 shall be certified to be correct by the secretary. 
 
 SEC. 1833. After the filing of the transcript aforesaid in his office, 
 he shall notify in writing all persons adversely interested of the time 
 and place where the matter of the appeal will be heard by him. 
 
 SEC. 1834. At the time thus fixed for hearing, he shall hear testi- 
 mony for either party, and for that purpose may administer oaths if 
 necessary, and he shall make such decision as may be just and equi- 
 
 (c) During the pendency of an appeal all matters must remain in statu 
 quo, and this can be enforced by writ of injunction. Note (c) to section 
 1718. Also, during such time no opinion relating to the case will be given 
 to interested parties by this department. 
 
 SEC. 1833. Notice of the time and place of hearing should be given to the 
 appellant, to the secretary of the board, and to all other persons known to 
 be interested. The notices may be served personally or sent by mail. 
 Form 49. 
 
 SEC. 1834. (a) While the" superintendent is not a court, in the strict 
 sense of the term, he is required to administer oaths, to hear testimony on 
 both sides, to receive depositions, and to render a just and equitable decis- 
 ion. See preface to S. L. Decisions, 1883. And while mere technicalities 
 should not be permitted to prevent the attainment of justice, it is not inap- 
 propriate that the superintendent should be governed by many of the rules 
 as to evidence and practice which ordinarily obtain in courts. 
 
 (b) In case of disturbance or interruption during the trial of an appeal 
 before a county superintendent, since he is not invested with judicial 
 power, he has only the ordinary remedy of complaint to the proper authori- 
 ties, as provided for in section 4069, Code. 
 
 (c) The docket or minutes of the superintendent should commence by 
 noting the filing of the affidavit. He will afterward, as the acts transpire, 
 record the sending of the notice of appeal to the district secretary, the fil- 
 ing of the transcript, the sending of notices of the hearing, and any ad- 
 journment of the case that may be granted. At the trial he will carefully 
 note down the names of all parties appearing, and their post-office address, 
 and whether they appear for or against the appeal; also, the filing of all pa- 
 pers and names of witnesses, and in whose behalf such papers or witnesses 
 are introduced. The decision of the superintendent will form an appro- 
 priate close of his minutes. Forms 47, 48, 49 and 50. 
 
 (d) All testimony must be given under oath and the substance reduced to 
 writing, at the time, by the county superintendent. It is recommended 
 that a summary of what each witness testifies be made, read to the witness, 
 and signed by him. It is of the first importance that the record of the tes- 
 timony be full and accurate, as the decision of the county superintendent, 
 also of the superintendent of public instraction, in case the appeal is car- 
 
80 SCHOOL LAWS OF IOWA. 
 
 table, which shall be final, unless appealed from as hereinafter pro- 
 vided. 
 
 SEC. 1835. An appeal may be taken from the decision of the county 
 superintendent to the superintendent of public instruction, in the 
 same manner as provided in this chapter for taking appeals from the 
 district board to the county superintendent, as nearly as applicable, 
 except that he shall give thirty days' notice of the appeal to the county 
 superintendent, and the like notice shall be given the adverse party. 
 And the decision, when made, hall be final. 
 
 ried up, must be based upon the record of evidence introduced. This tes- 
 timony should be preserved with the other papers of the case. 
 
 SEC. 1835. (a) Appeals to the superintendent of public instruction are 
 conducted in the same manner and governed by the same rules, so far as ap- 
 plicable, as appeals to county superintendents. The basis of the appeal 
 must be an affidavit filed in the office of the superintendent of public in- 
 struction, within thirty days from the date of the decision appealed from. 
 For form and contents of the affidavit see notes to sections 1830-31. Upon 
 the filing of such an affidavit the superintendent of public instruction will 
 notify the county superintendent to forward a transcript of the papers in 
 the case within thirty days. The original papers must be preserved on file 
 in the county superintendent's office. Upon the filing of the transcript, 
 thirty days' nonce 01 the time set for hearing will be given to all parties 
 interested. This time may be diminished on the written agreement of both 
 parties. Form 50. 
 
 (6) At the hearing, parties interested may appear personally or by attor- 
 ney, and argue their cases orally, if they desire, or they may send written 
 arguments. The records of the case in the county superintendent's office 
 will furnish the data required for these arguments. The records of cases in 
 the offices of county superintendents, which are public records, and should 
 be open as such, to examination, by all parties interested, will furnish all 
 needed data, where access to the transcript sent up is inconvenient. The 
 superintendent of public instruction will not hear original testimony in the 
 cases submitted to him. 
 
 (c) Any person aggrieved by an action of the county superintendent in 
 refusing to grant a certificate or in revoking the same, may apply to him 
 for a rehearing; the proceedings to correspond as nearly as possible to the 
 proceedings in the case of an appeal from a board of directors. If any party 
 is aggrieved by the result of this investigation, an appeal may be taken 
 therefrom to the superintendent of public instruction. 
 
 (d) A party, in whose favor an appeal is decided, has the remedy of a 
 writ of mandamus from a court of law to enforce the decision of appeal. 
 69 Iowa, 533. 
 
SCHOOL LAWS OF IOWA. 31 
 
 SEC. 1836. Nothing in this chapter shall be so construed as to au- 
 thorize either the county or state superintendent to render a judgment 
 for money, neither shall they be allowed any other compensation than 
 is now allowed by law. All necessary postage^must first be paid by 
 the party aggrieved. 
 
 SEC. 1836. Payment for postage in advance will be required with the 
 affidavit. It is impossible to tell what amount of .postage will be needed in 
 each case, and one dollar will be required, to cover all needed postage. 
 
 11 
 
32 SCHOOL LAWS OF IOWA. 
 
 SESSION LAWS. 
 
 CHAPTER 64, LAWS OF 1874. 
 
 INDUSTRIAL EXPOSITIONS IN SCHOOLS. 
 
 SECTION 1. It shall be the duty of the board of directors of inde- 
 pendent school districts, and the subdirector of each subdistrict, if 
 they should deem it expedient, under the direction of the county 
 superintendent, to introduce and maintain an industrial exposition 
 in connection with each school under their control within this state. 
 
 SEC. 2. These expositions shall consist of useful articles made by 
 the pupils, such as samples of sewing, and cooking of all kinds, knit- 
 ting, crocheting, and drawing, iron and wood work of all kinds, from 
 a plain box or horse-shoe to a house or steam-engine in miniature; 
 also, all other useful articles known to the industrial world, or that 
 may be invented by the pupils, in connection with farm and garden 
 products in their season, that are the results of their own toil. 
 
 SEC. 3. The pupils shall be required to explain the use and method 
 of their work, and kind and process of culture of farm and garden 
 products. 
 
 SEC. 4. The parents and friends of pupils shall be allowed and 
 requested to be present at said expositions. 
 
 SEC. 5. Ornamental work shall be encouraged when accompanied 
 by something useful made by the same pupil. 
 
 SEC. 6. These expositions shall be held in the school room upon a 
 school day as often as once a term, and not oftenef than once a 
 month. 
 
SCHOOL LAWS OF IOWA. 
 
 83 
 
 CHAPTER 67, LAWS OF 1874. 
 
 VOTING ON SCHOOL TAXES. 
 
 SECTION 1. All school districts lying in two adjoining counties 
 shall have the right to vote mills, instead of specific sums, for school 
 purposes. 
 
 CHAPTER 129, LAWS OF 1876. 
 
 (As amended by Chap. 142, Laws of 1878, and Chap. 64, Laws of 
 
 1888.) 
 
 STATE NORMAL AND TRAINING SCHOOL. 
 
 SECTION 1. A school for the special instruction and training of 
 teachers for the common schools of this state is hereby established at 
 Cedar Falls, in Black Hawk county. 
 
 SEC. 2. The school shall be under the management and control of 
 a board of directors consisting of six members, no two of whom shall 
 be from the same county, and the superintendent of public instruction 
 shall be ex-omcio a member of said board and president thereof. The 
 board of directors shall be elected by the general assembly, two for 
 two years, two for four years, and two for six years, and the general 
 assembly shall elect two members of said board every two years, for 
 the full term of six years as the terms of office of the respective 
 classes expire. Their term of office shall commence on the first day 
 of. June following their election. No member of the board shall be 
 a teacher in the school, or receive other compensation for his ser- 
 vices, than a re imbursement of his actual expenses, to be certified to 
 by him and paid out of the state treasury. Any vacancy occurring 
 in the board shall be filled by the appointment of the governor. 
 
 SEC. 3. The board shall convene, at the call of the superintendent 
 of public instruction, on or before June 15, 1876, and having each 
 qualified, according to law, shall organize by the election of a vice- 
 president from their number, and a secretary and a treasurer, who 
 
34 SCHOOL LAWS OF IOWA. 
 
 shall be persons not members of the board. The secretary shall re- 
 ceive such compensation as may be fixed by the board not to exceed 
 the sum of one hundred dollars and actual traveling expenses. The 
 treasurer shall receive no compensation but shall receive re-imburse- 
 ment of actual expenditures. 
 
 SEC. 4. The board shall require a bond, in the sum of twenty 
 thousand dollars, of the treasurer with proper and sufficient sureties, 
 conditional for the safe keeping of funds coming into his hands. He 
 shall receive and disburse all moneys hereby appropriated, and any 
 other funds as the board may provide. The board may require of 
 any officer or employe, who may be authorized to receive or pay out 
 money, a like bond. 
 
 SBC. 5. It shall be the duty of the board, in every necessary man- 
 ner with the means at their disposal, to provide for and carry out 
 the object for which the school is established. For that purpose 
 they shall employ competent and suitable teachers and other employes. 
 They shall direct, use, and control all the property of the state com- 
 ing into their hands for that purpose. They shall control and direct 
 the expenditures of all moneys. They shall make all necessary rules 
 for the management of the school and the government thereof, and 
 shall provide for the admission of pupils from the several counties 
 of the state in proportion to their respective population, and upon 
 the appointment of respective boards of supervisors, or as the board 
 may direct. They shall establish and publish uniform rules for the 
 admission of pupils thereto, and such rules shall provide for equal 
 rights in said school, to all the teachers in the state, but they shall 
 require in all cases satisfactory evidence of the good character of 
 the pupil. They shall also further require all pupils upon their ad- 
 mission to the school, to sign a statement of their intention in good 
 faith to follow the business of teaching in the schools of the state. 
 It shall also be the duty of the board to make ail possible and nec- 
 essary arrangements with the means at their disposal, for the board- 
 ing and lodging of pupils, but the pupils shall pay the cost of the 
 same. They shall require each pupil to pay a fee for contingent ex- 
 penses amounting to not more than one dollar per month. The school 
 shall be open during such part of the year as the board shall de- 
 termine but the session shall continue at least twenty-six weeks. The 
 board of directors may in their discretion charge the pupils with a 
 tuition fee not exceeding six dollars per term, if sueh charge shall be 
 
SCHOOL LAWS OF IOWA. Q5 
 
 necessary in order to the proper support of the school as provided by 
 
 law. 
 
 # * * * * * * * * 
 
 SBC. 9. The said board shall make, at the end of each school year, 
 to the governor a detailed report of their proceedings during the 
 year. Their report shall also contain the number of teachers em- 
 ployed in the school, with the compensation of each; the number of 
 pupils, classified; the amount of receipts and expenditures, and the 
 items thereof, with such other information and recommendations as 
 they may deem expedient, which report shall be embodied in the su- 
 perintendent's report to the general assembly. 
 
 CHAPTER 136, LAWS OF 1876. 
 
 WOMEN ELIGIBLE TO SCHOOL OFFICES. 
 
 SECTION 1. No person shall be deemed ineligible, by reason of 
 sex, to any school office in the state of Iowa. 
 
 SEC. 2. No person who may have been or shall be elected or ap- 
 pointed to the office of county superintendent of common schools or 
 school director in the state of Iowa, shall be deprived of oifice by 
 reason of sex. 
 
 CHAPTER 132, LAWS OF 1878. 
 
 ISSUANCE OF BONDS TO FUND JUDGMENT INDEBTEDNESS. 
 
 SECTION 1. Any school district against which judgments have 
 been rendered prior to the passage of this act, and which judgments 
 remain unsatisfied, may, for the purpose of paying off such judg- 
 ments and funding such judgment indebtedness, issue upon the reso- 
 lution of the board of directors of the district, the negotiable bonds 
 of such district, running not more than ten years, and bearing a rate 
 of interest not exceeding ten per centum per annum, payable semi- 
 annually, which bonds shall be signed by the president of the dis- 
 trict, and countersigned by the secretary, and shall not be disposed of 
 
gg SCHOOL LAWS OF IOWA. 
 
 for less than their par value, nor for any other purpose than that pro- 
 vided for by this act, and such bonds shall be binding and obligatory 
 upon the district. 
 
 SBC. 2. It shall be the duty of the board of directors of any dis- 
 trict which shall issue bonds under this act, to provide for the pay- 
 ment of the same by the levy of tax therefor, in addition to the other 
 taxes provided by law, and they are hereby required to levy such an 
 amount each year as shall be sufficient to meet the interest on such 
 bonds promptly as it accrues. 
 
 SBC. 3. The bonds issued under this act shall be in the name of the 
 district and in substantially the same form as is by law provided for 
 county bonds; shall be payable at the pleasure of the district; shall 
 be registered in the office of the county auditor; shall be numbered 
 consecutively and redeemed in the order of their issuance. 
 
 CHAPTER 133, LAWS OF 1878. 
 
 mL 
 
 (As amended by Chapter 131, Laws of 1880.) 
 
 SUBDIVISION OF INDEPENDENT DISTRICTS. 
 
 SECTION 1. Any independent school district, organized under any of 
 the laws of this state, may subdivide, for the purpose of forming two or 
 more independent school districts, or have territory detached to be an- 
 nexed with other territory, in the formation of an independent district 
 or districts, and it shall be the duty of the board of directors of said 
 independent district to establish the boundaries of the districts so 
 formed, the districts so formed not to contain less than four govern- 
 ment sections of land, each; this limitation shall not apply when, by 
 reason of a river or other obstacle, a considerable number of pupils 
 will be accommodated by the formation of a district containing less 
 
 CHAPTER 133, LAWS OF 1878. 
 
 SECTION 1. (a) The provisions of this section, as amended, apply to all 
 independent districts organized under the laws of this state. 
 
 (6) The amount of territory cannot be less than an equivalent of four 
 government sections, unless the provisions of the latter part of this section 
 apply. 
 
SCHOOL LAWS OF IOWA. 
 
 87 
 
 than four sections, or where there is a city, town or village within 
 said territory, of not less than one hundred inhabitants, and in such 
 casep, the independent district so formed shall not contain less than 
 two government sections of land, such subdivision to be effected in 
 the manner provided for in sections 2, 3 and 4 of this chapter; pro- 
 vided that where either of the districts so proposed to be formed 
 contains less than four government sections, it shall require a major- 
 ity of the votes, of each of the proposed districts, to authorize such 
 subdivision. 
 
 SEC. 2. At the written request of one-third of the legal voters 
 residing in any independent school district, the board of directors of 
 said independent district shall call a meeting of the qualified electors 
 of the independent district, at the usual place of holding their meet- 
 ing, by giving at least ten days' notice thereof, by posting three no- 
 tices in the independent district sought to be divided, and by publi- 
 cation in a newspaper, if one be published in the independent dis- 
 trict, at which meeting the electors shall vote by ballot for or against 
 such subdivision. 
 
 SEC. 3. Should a majority of the votes be cast in favor of such 
 subdivision, the board or boards of directors shall call a meeting in 
 each independent district so subdivided or formed as aforesaid, for 
 the purpose of electing by ballot three directors, who shall hold their 
 offices, one, two, and three years, respectively; the length of their 
 respective terms to be determined by lot; and but one director shall 
 be chosen annually thereafter, who shall hold his office for three 
 years. 
 
 SEC. 4. At the meeting of the electors of each independent school 
 district, as provided in the last section, they shall also determine by 
 ballot the name to be given to their district, and each independent 
 district, when so organized, shall be a body corporate, and the 'name 
 so chosen shall be its corporate name; provided that the board of di- 
 rectors of any district, organized under the provisions of this act, 
 may change its name if any other district in the township shall have 
 chosen the same name. 
 
 (c) An independent district containing territory amounting to less than 
 eight government sections, may be divided into two independent districts, 
 if an unbridged stream or other obstable prevents a considerable number of 
 scholars from attending school, or if one portion contains a village of not 
 less than one hundred inhabitants. The district so formed must contain 
 territory amounting to not less than two government sections, and a ma- 
 
gg SCHOOL LAWS OF IOWA. 
 
 SBC. 5. Independent districts, organized under the provisions of 
 this act, shall be governed by the laws relating to independent dis- 
 tricts. 
 
 CHAPTER 166, LAWS OF 1878. 
 
 TUITION OP PAUPER CHILDREN. 
 
 SECTION 1. Section 1381 of the Code is hereby amended by adding 
 at the end of the section: The expense of the poor-house shall in- 
 clude such an amount of tuition for the instruction of the pauper 
 children, as the whole number of days' attendance of such pauper 
 children, is to the total number of days' attendance in the school at 
 which pauper children attend, and such amount shall be paid into the 
 treasury of the district where said children attend. 
 
 CHAPTER 8, LAWS OF 1880. 
 
 SEPARATE POLLING PLACES. 
 
 SECTION 1. Independent school districts having a population of 
 not less than fifteen thousand inhabitants, shall be divided into not 
 less than three, nor more than six election precincts, in each of which 
 a poll shall be held at a convenient place, to be appointed by the 
 board of directors, for the reception of the ballots of the electors re- 
 siding in such precinct at said election. 
 
 SEC. 2. The board of directors shall provide for the submission of 
 all questions relating to the powers reserved to the electors under 
 section 1807 of the Code, which questions shall be decided by ballot, 
 returns to bo made on questions submitted as hereinafter provided. 
 
 jority of the votes cast, in each contemplated district, must be cast for the 
 division. 
 
 SEC. 2. When the required number of electors petition for such division, 
 the board are compelled to call the election, but the organization cannot be 
 completed between August and January. 
 
 SEC. 5. When the division has been completed, a settlement of assets and 
 liabilities must be made, in conformity with section 1715. 
 
SCHOOL LAWS OF IOWA. gg 
 
 SEC. 3. A register of the electors residing in each precinct shall 
 be prepared by the board of directors from the register of the elec- 
 tors of any city, town or township which is in whole or in part in- 
 cluded within such independent school district; and for that purpose 
 a copy of such register of electors shall be furnished by the clerk of 
 each such city, town or township to the board of directors. Said 
 board shall, in each year before the annual election for directors, re- 
 vise and correct such school election registers by comparison thereof 
 with the last register of elections for such cities, towns and town- 
 ships. And the register provided for by this section shall have the 
 same force and effect at elections held under this act, and in respect 
 to the reception of votes at said elections, as the register of elections 
 has by law at general elections. 
 
 SEC. 4. Notice of every election under this act shall be given in 
 each district in which the same is to be held, by the secretary thereof, 
 by posting up the same in three public places in such district, and by 
 publication in a newspaper published therein for two weeks preced- 
 ing such election; such notice shall also state the respective election 
 precincts, and the polling place in each precinct. 
 
 SEC. 5. The board of directors shall appoint one of their own num- 
 ber and another elector of the district to act as judges of election, 
 and a clerk for each polling place, who shall be sworn as provided by 
 section 609 of the Code in case of general elections. The polls shall 
 be open from 9 o'clock A. M. to 6 o'clock P. M. If either of the judges, 
 or clerk, fail to attend, his place may be filled by the others by appoint- 
 ing an elector attending in his place, and if all fail to attend in time, 
 or refuse to serve or be sworn, the electors present shall choose two 
 judges and a clerk from the electors attending. A ballot-box and the 
 necessary poll-book shall be provided by the board of directors for 
 each precinct, and the election shall be conducted in the same manner, 
 and under the same rules and regulations, so far as applicable, as are 
 provided by chapter 3 of title 5 of the Code, for general elections. 
 
 SEC. 6. The judges of election and clerk in each precinct shall 
 canvass the vote therein, and shall, as soon as possible, make out, 
 sign and return to the secretary of the district a certificate showing 
 the whole number of votes cast in such precinct, and the number of 
 votes in favor of each person voted for, and questions submitted. 
 The board of directors shall meet on the next Monday after the elec- 
 tion and canvass the returns, and ascertain the result of the election. 
 
 12 
 
9Q SCHOOL LAWS OF IOWA. 
 
 The whole number of votes oast, and the number in favor of each 
 person voted for, shall be entered in their record, and the persons 
 respectively receiving the highest two numbers of votes shall be de- 
 clared elected, and all questions submitted receiving a majority of 
 votes cast shall be recorded as carried. The secretary shall issue to 
 each person so elected a certificate of his election. 
 
 SEC. 7. All acts and parts of acts inconsistent with this act are 
 hereby repealed. 
 
 CHAPTER 51, LAWS OF 1880. 
 
 ENABLING DISTRICTS TO ISSUE BONDS TO FUND JUDGMENT INDEBTED- 
 
 * NESS. 
 
 SECTION 1. Any school district or district township against which 
 judgments have been rendered, prior to the passage of this act, and 
 which such judgments remain unsatisfied, may, for the purpose of 
 paying off such judgment indebtedness, ^issue negotiable bonds, of 
 such district township, upon a resolution of the board of directors 
 of the district township, running not more than ten years, and bear- 
 ing a rate of interest not exceeding eight per cent per annum, paya- 
 ble semi-annually, which bonds shall be signed by the president of 
 the district and countersigned by the secretary, and shall not be dis- 
 posed of for less than their par value, nor for any other purpose than 
 that provided by this act, and such bonds shall be binding and ob- 
 ligatory upon the district township. 
 
 SEC. 2. It shall be the duty of the board of directors of any dis- 
 trict township which issues bonds under this act, to provide for the 
 payment of the same by the levy of tax therefor, in addition to the 
 other taxes provided by law; and they are hereby required to levy 
 such an amount each year as shall be sufficient to meet the interest 
 on such bonds promptly as it accrues. 
 
 SEC. 3. The bonds issued under this act shall be in the name of 
 the district township and in substantially the same form as is by law 
 provided for county bonds; shall be payable at the pleasure of the 
 district township; shall be registered in the office of the county aud- 
 itor; shall be numbered consecutively and redeemed in the order of 
 their issuance. 
 
SCHOOL LAWS OF IOWA. 
 
 CHAPTER 132, LAWS OF 1880. 
 (As amended by Chap. 95, Laws of 1886.) 
 
 AUTHORIZING DISTRICTS TO FUND BONDED OB JUDGMENT INDEBTEDNESS. 
 
 SECTION 1. Any independent school district, or district township, 
 now or hereafter having a bonded or judgment indebtedness out- 
 standing, is hereby authorized to issue negotiable bonds at any rate 
 of interest not exceeding seven per cent per annum, payable semi- 
 annually, for the purpose of funding said indebtedness; said bonds to 
 be issued upon a resolution of the board of directors of said district; 
 provided that said resolution shall not be valid unless adopted by a 
 two-thirds vote of said directors. 
 
 SEC. 2. The treasurer of such district is hereby authorized to sell 
 the bonds provided for in this act, at not less than their par value, 
 and apply the proceeds thereof to the payment of the outstanding 
 bonded or judgment indebtedness of the district, or he may exchange 
 such bonds for outstanding bonds, par for par; but the bonds hereby 
 authorized shall be issued for no other purpose than the funding of 
 outstanding bonded or judgment indebtedness. The actual cost of 
 the engraving and printing of such bonds, shall be paid for out of the 
 contingent fund of such district. 
 
 SEC. 3. Said bonds shall run not more than ten years, and be pay- 
 able at the pleasure of the district after five years from the Sate of 
 their issue; provided that in order to stop interest on them the treas- 
 urer shall give the owner of said bonds ninety days' written notice of 
 the readiness of the district to pay, and the amount it desires to pay; 
 said notice to be directed to the post-office address of the owner of 
 the bonds; provided further that the treasurer shall keep a record of 
 the parties to whom he sell the bonds, and their post-office address, 
 and notice sent to the address, as shown by said record, shall be suffi- 
 cient. 
 
 SEC. 4. Said bonds to be in denominations of not less than one 
 hundred dollars and not more than one thousand dollars; and said 
 bonds shall be given in the name of the independent district, or dis- 
 trict township, and signed by the president, and countersigned by the 
 
92 
 
 SCHOOL LAWS OF IOWA. 
 
 secretary thereof; and the principal and interest may be made paya- 
 ble wherever the board of directors may by resolution determine. 
 
 SBC. 5. When said bonds are delivered to the treasurer to be ne- 
 gotiated, the president shall take his receipt therefor, and the treas- 
 urer shall stand charged on his official bond with the amount of the 
 bonds so delivered to him. 
 
 SEC. 6. The tax, for the payment of the principal and interest of 
 said bonds, shall be raised as provided in section 1823, chapter 9, 
 title 12 of the Code, provided that if the district shall fail or neglect 
 to so levy said tax the board of supervisors of the county in which 
 said district is located, shall, upon the application of the owner of 
 said bonds, levy said tax. 
 
 SEC. 7. All acts and parts of acts in conflict with this act are 
 hereby repealed. 
 
 CHAPTER 23, LAWS OF 1882. 
 
 
 
 BEQUIBING BOABDS TO SET TBEE8 ON SCHOOL GBOUNDS. 
 
 SECTION 1. The board of directors of each district township and 
 independent district, shall cause to be set out and properly pro- 
 tected, twelve or more shade-trees on each school-house site belong- 
 ing to the district, where such number of trees are not now growing, 
 and such expense shall be paid from the contingent fund. 
 
 SEC. 2. It shall be the duty of the county superintendent in visit- 
 ing the several schools in his county, to call the attention of any 
 board of directors neglecting to comply with the requirements of 
 this statute, and the required number of shade-trees shall be planted 
 as soon thereafter as the season will admit. 
 
 SEC. 3. That section 1745, of the Code, be amended by adding an 
 additional item at the end of said section, as follows: 12. The 
 number of trees set out and in thrifty condition on each school house 
 grounds. 
 
SCHOOL LAWS OF IOWA. 
 
 93 
 
 CHAPTER 118, LAWS OF 1882. 
 
 INCLUDING ALL OP CITY, WITHIN INDEPENDENT DISTRICT. 
 
 SECTION 1. All the territory of an incorporated city or town, 
 whether included within the original incorporation, or afterwards at- 
 tached thereto, in accordance with the provisions of law, shall be or 
 become a part of the independent district, or districts, of said city 
 or town. 
 
 SEC. 2. When boundaries are changed by the taking effect of this 
 act, the respective boards of directors shall make an equitable settle- 
 ment of the then existing assets and liabilities of their districts, as 
 provided for by section 1715 of the Code. 
 
 CHAPTER 149, LAWS OF 1882. 
 (As amended by Chap. 107, Laws of 1886.) 
 
 ENABLING BOARDS TO INSURE SCHOOL PROPERTY. 
 
 SECTION 1. The board of directors of all school districts, organized 
 under any of the laws of this state, may use unappropriated contin- 
 gent funds for the purpose of effecting an insurance on the school 
 property of their district; but they may contract no debts for this 
 purpose. 
 
94 SCHOOL LAWS OF IOWA. 
 
 CHAPTER 167, LAWS OF 1882. 
 
 CREATING A STATE BOARD OF EXAMINERS. 
 
 SECTION 1. The superintendent of public instruction, the presi- 
 dent of the state university, the principal of the state normal school, 
 and two persons, to be appointed by the executive council, one of 
 whom shall be a woman, for terms of four years; provided that of 
 the two first appointed, one shall be for two years; and provided fur- 
 ther that no one shall be his own successor in said appointments-; are 
 hereby constituted a state board of examiners, with the superintend- 
 ent of public instruction as ex officio, its president. 
 
 SEC. 2. The board shall meet at such times and places as its presi- 
 dent shall direct, for transaction of business, and shall hold annually, 
 at least two public examinations of teachers, at each of which exam- 
 inations one member of the board shall preside, assisted by such well 
 qualified teachers, not to exceed two in number, as the board of ex- 
 aminers may elect. Said board may adopt such rules, not inconsis- 
 tent herewith, and with the statutes of Iowa, as they may deem 
 proper; and said board shall keep a full record of their proceedings, 
 and a complete register of all persons to whom certificates and 
 diplomas are issued. 
 
 SEC. 3. Said board shall have power to issue state certificates and 
 state diplomas to such teachers as are found, upon examination, to 
 possess good moral character, thorough scholarship, clear and com- 
 prehensive knowledge of didactics, and successful experience in 
 teaching. 
 
 SEC. 4. Candidates for state certificates shall be examined upon 
 the following branches: Orthography, reading, writing, arithmetic, 
 geography, English grammar, bookkeeping, physiology, history of 
 the United States, algebra, botany, natural philosophy, drawing, 
 civil government, constitution and laws of Iowa, and didactics; and 
 candidates for state diplomas shall pass examination upon all 
 branches required by candidates for state certificates, and in addi- 
 tion thereto in geometry, trigonometry, chemistry, zoology, geology, 
 astronomy, political economy, rhetoric, English literature and gen- 
 
SCHOOL LAWS OF IOWA, 95 
 
 eral history, and such other branches as the board of examiners may 
 require. 
 
 SEC. 5. A state certificate shall authorize the person, to whom it 
 is issued, to teach in any public school of the state for the term of 
 five years from the date of its issue, and a state diploma shalFbe 
 valid for the life of the person to whom it is issued; provided that 
 any state certificate, and any state diploma, may be revoked by the 
 board of examiners for any cause of disqualification, on well-founded 
 complaint entered by any county superintendent of schools. 
 
 SEC. 6. The fee for each state certificate shall be three dollars, 
 and for each state diploma five dollars, which fee shall be paid before 
 examination to such person as the board of examiners may designate 
 from their own number, and the same shall be paid into the state 
 treasury when so collected; provided that if such applicant shall fail 
 in said examination, one-half of the fee shall be returned. 
 
 SEC. 7. Every holder of a state certificate, or of a state diploma, 
 shall have the same registered, by the county superintendent of 
 schools of the county in which he wishes to teach, before entering 
 upon his work, and each county superintendent of schools is required 
 to include in his annual report to the superintendent of public in- 
 struction, a full account of the registration of state certificates and 
 diplomas. 
 
 SEC. 8. Each member of the state educational board of examiners, 
 and each person appointed by said board to assist in conducting ex- 
 aminations, as provided for in section 2 of this act, shall be entitled 
 to receive, for the time actually employed in such service, his neces- 
 sary expenses. And provided further that each member of said 
 board, not a salaried officer, shall, in addition to his necessary ex- 
 penses, receive the sum of three dollars per day, he or she is actually 
 employed in said examination, which amounts shall be certified by 
 the superintendent of public instruction; and the auditor of state is 
 hereby authorized to audit and draw his warrant for the same upon 
 the treasurer of state, provided the aggregate amount for any one 
 year shall not exceed three hundred dollars. 
 
 CHAPTER 167, LAWS OF 1882. 
 
 SECTION 7. (a) No fee is required for the registration referred to, but it 
 is essential that such record be made before the person commences to teach. 
 
 (5) Holders of state certificates or diplomas are not exempt from report- 
 ing to the county superintendent, or complying in every respect with re- 
 quirements made of other teachers, except as to examination for certificates. 
 
96 SCHOOL LAWS OF IOWA. 
 
 CHAPTER 103, LAWS OF 1884. 
 
 PROHIBITING BAEB WIRE AROUND SCHOOL-HOUSES. 
 
 SECTION 1. It is hereby made the duty of the board of directors 
 of every independent district and of every district township, to re- 
 move before the first day of September, A. D. 1884, any barb wire 
 fence enclosing in whole or part any publie school grounds in such 
 district, and it is also made the duty of any person owning or con- 
 trolling any barbed wire fence within ten feet of any public school 
 grounds to remove the same within the time herein above named. 
 
 SEC. 2. Hereafter barb wire shall not be used in enclosing in 
 whole or in part any public school building or the grounds upon which 
 the same may stand; and no barbed wire shall be used for a fence or 
 other purpose within ten feet of any public school ground. 
 
 SEC. 3. For a failure or neglect on the part of any board of 
 directors of any independent district, or of any district township to 
 carry out the provisions of this act, any member of such board shall 
 be fined, on conviction, not exceeding twenty-five dollars, any person 
 violating the provisions of this act shall, on conviction thereof, be 
 fined not exceeding twenty-five dollars. 
 
 CHAPTER 1, LAWS OF 1886. 
 
 TEACHING AND STUDY OP EFFECTS OF ALCOHOL AND STIMULANTS 
 UPON THE HUMAN SYSTEM. 
 
 SECTION 1. Physiology and hygiene, which must in each division 
 of the subject thereof include special reference to the effects of alco- 
 holic drinks, stimulants and narcotics upon the human system, shall 
 be included in the branches of study now and hereafter required to 
 
 CHAPTER 1, LAWS OF 1886. 
 
 SECTION 1. (a) The words regularly taught are construed to mean, as 
 other branches are taught. 
 
SCHOOL LAWS OF IOWA. 97 
 
 be regularly taught to and studied by all pupils in common schools 
 and in all normal institutes, and normal and industrial schools, and the 
 schools at the soldiers' orphans' home and home for indigent child- 
 ren. 
 
 SEC. 2. It shall be the duty of all boards of directors of schools 
 and of boards of trustees, and of county superintendents in the case 
 of normal institutes, to see to the observance of this statute and make 
 provision therefor and it is especially enjoined on the county super- 
 intendent of each county that he include in his report to the superin- 
 tendent of public instruction the manner and extent to which the 
 requirements of section one of this act are complied with in the 
 schools and institutes under his charge, and the secretary of school 
 boards in cities and towns is especially charged with the duty of 
 reporting to the superintendent of public instruction as to the obser- 
 vance of said section one hereof, in their respective town and city 
 schools, and only such schools and educational institutions reporting 
 compliance, as above required, shall receive the proportion of school 
 funds or allowance of public money to which they would be other- 
 wise entitled. 
 
 SEC. 3. The county superintendent shall not after the 1st day of 
 July, 1887> issue a certificate to any person who has not passed a sfit- 
 
 (6) This study must begin in the lowest primary class. In what grade or 
 class it shall be completed, is to be determined by the board. 
 
 (c) Primary classes must be instructed orally, as the children are not old 
 enough to use or comprehend a book. But this oral instruction must be out- 
 lined as a course, and adopted by each board. 
 
 (d) The portion assigned to each grade or class should be thoroughly 
 mastered before more advanced work is entered upon. 
 
 (e) Teachers should be careful to give instruction in accordance with the 
 spirit of the law. Total abstinence should be taught as the only sure way 
 to escape the evils arising from the use of alcoholic drinks and tobacco. 
 
 SEC. 2. (a) Boards cannot shift the responsibility by simply providing 
 that teachers shall give instruction in this branch. They must see to it 
 that the work is actually done by the teachers, as the law requires. 
 
 (b) In normal institutes, efficient and earnest instructors should be em- 
 ployed. Charts and other appliances should be amply provided. Physicians 
 and scientists may be invited to lecture, and teachers should be exhorted to 
 be sincere, fearless, and faithful in the discharge of their duty. 
 
 (c) Blanks will be furnished to scnool officers, from time to time, to enable 
 them to make the reports required by this chapter. 
 
 13 
 
98 
 
 SCHOOL LAWS OF IOWA. 
 
 isfaotory examination in physiology and hygiene with especial refer- 
 ence to the effects of alcoholic drinks, stimulants and narcotics upon 
 the human system, and it shall be the duty of the county superintend- 
 ent as provided by section 1771, to revoke the certificate of any 
 teacher required by law to have a certificate of qualification from the 
 county superintendent, if the said teacher shall fail or neglect to 
 comply with section one of this act, and said teacher shall be dis- 
 qualified for teaching in any public school for one year after such 
 revocation, and shall not be permitted to teach without compliance. 
 
 CHAPTER 75, LAWS OF 1886. 
 
 USE OF PUBLIC SQUARES FOE SCHOOL PURPOSES. 
 
 SECTION 1. It shall be lawful for the people of any incorpor- 
 ated town located wholly within an independent school district in 
 which is situated a public square or plat of ground, deeded or dedi- 
 cated to the said town or the public, by the proprietor of the town, 
 or of any addition thereof, to transfer or re-dedicate such plat or 
 square, to the purpose of a public school-house lot, to be used either 
 for the erection thereon of a public school-house, or as school 
 grounds, in connection with such school-house. 
 
 SEC. 2. The manner of procedure to effect the change or transfer 
 of the purpose for which such lot or square shall be used, as is 
 authorized in section 1, of this act, shall be as follows: When a plat 
 or lot of the character described in section 1, of this act, is located in 
 such incorporated town, and one-half of the resident voters of such 
 town, according to the last census thereof, national or state, shall 
 petition the mayor and town council of such town, asking said city 
 authorities to submit to the voters of the town at a general or special 
 election the question whether or not such public square, lot or plat 
 shall be transferred, dedicated and used for the purposes of a public 
 school-house lot, for the use of the independent district, in which the 
 same is situated said mayor and town council shall submit the ques- 
 tion to the voters of the town, in accordance with the prayer of said 
 petitioners after giving ten days' notice thereof, by written or printed 
 notices, in which the proposition submitted, shall be clearly set forth, 
 and signed by said mayor, three of which notices shall be posted in 
 
SCHOOL LAWS OF IOWA. 99 
 
 public and conspicuous places in the town, and one shall be published 
 in the last two issues, preceding such election in a weekly newspaper 
 published in the town, or if there be no such newspaper published in 
 the town then in the weekly newspaper published elsewhere in the 
 county, having the largest circulation in said town. Such notice Bhall 
 state the manner of voting, which shall be by ballot, and substan- 
 tially as follows: The ballot shall contain in print, ink or pencil the 
 words "For transferring lot or block or square (as the case may be, 
 describing it) to the purposes of a public school-house lot," or 
 "Against transferring lot or block or square (as the case may be, de- 
 scribing it) to the purposes of a school-house lot." And such elec- 
 tion shall be held as per notice given and be conducted as ordinary 
 town elections are, under the supervision of the town authorities, 
 who shall canvass the vote as by law provided in other cases. If it 
 shall appear that two-thirds or more, of all the legal votes cast at such 
 election, for aad against the proposition submitted, have been cast in 
 favor of the transfer of such lot or block or square, to the purposes 
 of a public school-house lot, then such transfer shall be held to have 
 been completed, and the lot or block or square may be appropriated 
 and used for the purposes so indicated, by said vote and shall be no 
 longer held for any other purpose. If less than two-thirds of the 
 votes cast at such election are found to be in favor of the transfer 
 then it shall be held that the proposition failed and no transfer shall 
 be effected. 
 
 CHAPTER 61, LAWS OF 1888. 
 
 FORMATION OP INDEPENDENT DISTRICTS. 
 
 SECTION 1. The subdistricts of a district township may be con- 
 stituted independent districts in the manner hereinafter provided. 
 
 SEC. 2. At the written request of one-third of the legal voters in 
 each subdistrict of any district township, the board of directors shall 
 call a meeting of the qualified electors of each subdistrict by giving 
 at least thirty days' notice thereof by posting three written notices in 
 each subdistrict in the township, at which meeting the electors shall 
 vote by ballot for or against independent district organization. 
 
100 SCHOOL LAWS OF IOWA. 
 
 SBC. 3. If a majority of the votes oast in each subdistriot shall 
 be favorable to such independent organization then each subdistrict 
 shall become an independent district. 
 
 SEC. 4. The board of directors of the old district township so 
 voting shall then call a meeting in each independent district for the 
 election of three or more directors, as may be required by law, and 
 the organization of the said independent district shall be completed 
 and governed in the same manner as other and similar independent 
 districts. 
 
 CHAPTER 62, LAWS OF 1888. 
 
 BOUNDARIES OP INDEPENDENT DISTRICTS. 
 
 SECTION 1. The boundary lines of contiguous independent dis- 
 tricts within the same civil township, may be changed by concurrent 
 action of the respective boards of directors at their regular meeting 
 in September, or at special meetings thereafter called for that pur- 
 pose; provided that the district so formed, from which territory has 
 been detached, shall not contain less than four government sections 
 of land; and provided further that the boundary lines of said dis- 
 tricts shall conform to the lines of congressional divisions of land. 
 
 CHAPTER 61, LAWS OP 1888. 
 
 SECTION 3. The vote upon the change of form may be taken at any time 
 of year, but the organization cannot be completed between August and 
 January. Section 1804. 
 
 SEC. 4. When the new boards are organized, they should meet as soon as 
 possible, and make settlement of assets and liabilities, as directed by sec- 
 tion 1715. 
 
TABLE OF CONTENTS. 
 
 PAGE 
 
 APPEALS 77 
 
 ATTENDANCE 58 
 
 BOARD or DIRECTORS is 
 
 BOARD OF SUPERVISORS 53 
 
 BONDS 73 
 
 BOUNDARIES 60 
 
 CHANGES IN FORM OF DISTRICTS 67 
 
 COUNTY AUDITOR 54 
 
 COUNTY HIGH SCHOOLS 9 
 
 COUNTY SUPERINTENDENT 45 
 
 COUNTY TREASURER 55 
 
 DISTRICT TOWNSHIP MEETING 15 
 
 FORMATION OF INDEPENDENT DISTRICTS 63 
 
 GENERAL PROVISIONS. . .' 48 
 
 INDEPENDENT DISTRICT ELECTION 66 
 
 MISCELLANEOUS 56 
 
 PRESIDENT 31 
 
 SCHOOL DISTRICTS 13 
 
 SCHOOL-HOUSE SITES 75 
 
 SECRETARY 32 
 
 SESSION LAWS 82 
 
 STATE UNIVERSITY 7 
 
 SUBDIRECTOR 38 
 
 SUBDISTRICT MEETING 17 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION 5 
 
 TAXES 51 
 
 TEACHERS 41 
 
 TREASURER . , .85 
 
BLANK FORMS. 
 
 NUMBER 1. 
 
 Form for Proceedings of District Twcnship Meeting. 
 [Section 1717.] 
 
 March ,188.. 
 
 The electors of the district township of , in the county of 
 
 and state of Iowa, assembled at pursuant to previous notice. The 
 
 meeting was called to order by the president at o'clock. . . .M. The sec- 
 retary being absent, was appointed secretary. 
 
 The order of business was stated by the president. 
 
 On motion of Mr , a tax of dollars was 
 
 voted for school-house purposes. 
 
 Mr moved that a tax of eight hundred dollars be voted 
 
 for the purpose of erecting a school-house in subdistrict No. . . 
 
 Mr. moved to amend by striking out "eight hundred 
 
 dollars" and inserting "one thousand dollars," which motion was carried 
 and the motion as amended was decided in the affirmative. 
 
 Mr moved to transfer dollars of 
 
 unused school-house fund to teachers' (contingent) fund. Carried. 
 
 Mr moved that the various powers conferred by 
 
 law on the district meeting, which may be delegated to the board of direct- 
 ors, be and the same are hereby so delegated. After discussion the vote 
 was taken and the motion was adopted. 
 
 On motion of Mr , the meeting adjourned. 
 
 Chairman. 
 
 Secretary. 
 
 .It is essential that the secretary make a full and accurate record 
 of the proceedings of the district township meeting, which should be sub- 
 mitted to the president for his approval at the close of the meeting, and 
 afterwards recorded in the district records, or otherwise preserved. 
 
 These records, together with all certificates of the action of any subdis- 
 trict in relation to voting school-house taxes, must be submitted by the sec- 
 retary, who is the proper custodian of the records, to the board, at the 
 meeting held on the following Monday, to form the basis of their action in 
 apportioning and certifying school-house taxes to the board of supervisors. 
 
BLANK FORMS. 
 
 NUMBER 2. 
 . 
 
 .Form of Notice for Annual Meeting in Subdistricts. 
 [Section 1718.] 
 
 Notice is hereby given, that a meeting of the qualified electors of sub- 
 district No. ...... of the district township of in the county of , 
 
 and state of Iowa, will be held at , on the first Monday in March, 
 
 188. ., at. . . o'clock, for the election of one subdirector, and the transaction 
 of such other business as may legally come before it. 
 
 Dated ,188.. 
 
 Subdirector of Subdistrict No 
 
 NOTES. (a) In case there is no subdirector, the above notice must be 
 given by the secretary of the district township. It must be posted five days 
 previous to the meeting, in at least three public places in the subdistrict. 
 The notice should designate the hour of meeting, which cannot be earlier 
 than 9 o'clock A. M. Section 1789. 
 
 (&) When an organized district township is left without officers, or with- 
 out a quorum, the above notice for a special election should be posted by the 
 township trustees, in at least three public places in each subdistrict, chang- 
 ing the time of holding the election to suit the circumstances of the case. 
 Section 1714. 
 
 NUMBER 3. 
 
 Form of Proceedings of Annual Subdistrict Meeting. 
 [Sections 1718, 1719, 1720. J 
 
 March ,188.. 
 
 The electors of subdistrict No , of the district township of , 
 
 in the county of , and state of Iowa, met pursuant to previous 
 
 notice. 
 
 was appointed chairman, and secretary of 
 
 the meeting. 
 
 On motion of Mr , the meeting proceeded to the election by 
 
 ballot of one subdirector. 
 
 The chairman announced the result of the ballot to be as follows: 
 
 20 votes were cast for A B; 15 votes for C D; and 10 votes for E F; upon 
 which A B was declared duly elected subdirector for the ensuing year. 
 
BLANK FORMS. 1Q5 
 
 Mr moved that a tax of dollars be voted 
 
 for the erection of a school-house in this subdistrict. 
 The motion was lost. 
 On motion of Mr the meeting adjourned. 
 
 Chairman. 
 
 Secretary. 
 
 NOTES. (a) If the electors desire to hold a caucus, it should be done be- 
 fore the subdistrict meeting is called to order. Only one ballot can be had 
 for the election of subdirector, and a plurality will elect. 
 
 (6) The amount voted by the subdistrict must be certified to the next 
 regular district township meeting. 
 
 (c) To avoid the levy of taxes upon the subdistrict, the district township 
 may simply be requested, by a vote of the electors of the subdistrict, to 
 build them a school-house, without asking for a definite amount of money. 
 
 NUMBER 4. 
 
 Form for Certificate of Election of Subdirector. 
 [Section 1719.] 
 
 We hereby certify that, at the annual meeting of subdistrict No , 
 
 of the district township of , in the county of , and 
 
 state of Iowa, held on the first Monday in March, 188. ., was 
 
 duly elected subdirector for said subdistrict. 
 
 Chairman. 
 
 Secretary. 
 
 NOTES. (a) This certificate, slightly varied, will answer in case of the 
 election of a subdirector at a special meeting called by the township trus- 
 tees. In both cases, it should be presented by the subdirector elect to the 
 board of the district township, and filed with the president of said district, 
 
 (6) In case of a tie vote, the fact should be certified in a similar manner 
 to that given in the above form, by the officers of the meeting. 
 
 14 
 
1Q6 ALANK FOKMS. 
 
 NUMBER 5. 
 
 Fvrm for Certificate of the Tax Voted by Subdistrict Meeting. 
 [Section 1718, 1778.] 
 
 To , 
 
 Secretary of the board of directors of the district township 
 
 of 
 
 I hereby certify that the electors of subdistrict No of the district 
 
 township of , in the county of. and state of 
 
 Iowa, at the annual meeting, held on the first Monday in March, 188. . , voted 
 
 a tax of dollars for the erection of a school-house in said 
 
 subdistrict. 
 
 Subdirector. 
 
 NOTE. This certificate may be made either by the subdirector or by the 
 chairman and secretary of the subdistrict meeting. 
 
 NUMBER 6. 
 
 Proposals for the Erection (or Repair) of a School-house. 
 [Section 1723.] 
 
 Notice ia hereby given that proposals for the erection (or repair) of a 
 
 school-house in subdistrict No , in the district township of , 
 
 in the county of , will be received by the undersigned, at his 
 
 office in (where plans and specifications may be seen), until 
 
 1 o'clock P. M., 188. . , at which time the contract will be 
 
 awarded to the lowest responsible bidder. The board reserve the right to 
 reject any or all bids. 
 
 Secretary of the Board of Directors. 
 
BLANK FORMS. 
 
 NUMBER 7. 
 
 Form of Contract for Building a School-house. 
 [Section 1723.] 
 
 Contract made and entered into between , of the 
 
 county of , and state of Iowa, and , in 
 
 behalf of the district township of , in the county 
 
 of , and state of Iowa, and his successors in office. 
 
 In consideration of the sum of dollars, to be paid as hereinafter 
 
 specified, the said hereby agrees to build a 
 
 school-house, and to furnish the material therefor, according to the plans 
 and specifications for the erection of said house hereto appended, at 
 
 in said district township. The said house is to be built of the best material, 
 in a substantial, workmanlike manner, and to be completed and delivered 
 
 to the said , or his successors in office, free from any 
 
 lien for work done or material furnished, on or before the day of 
 
 , 188. . And in case the said house is not finished by the time 
 
 herein specified, the said shall forfeit and pay to the said 
 
 , or his successors in office, for the use of said district 
 
 township, the sum of dollars, and shall also be liable 
 
 for all damages that may result to said district township in consequence of 
 said failure. 
 
 The said , or his successors in office, in behalf of 
 
 said district township, hereby agrees to pay the said the 
 
 sum of dollars when the foundation of said house is finished; 
 
 and the further sum of dollars when the walls are up and 
 
 ready for the roof; and the remaining sum of dollars when 
 
 the said house is finished and delivered as herein stipulated. 
 
 It is further agreed that this contract shall not be sublet, transferred, or 
 assigned without the consent of both parties. 
 
 Witness our hands this day of , 188. . 
 
 Contractor. 
 President. 
 
108 
 
 BLANK FORMS. 
 
 This is to certify that th9 foregoing contract was approved by the board 
 
 of directors of the district township of , in the county of 
 
 , and state of Iowa, this day of 188. . 
 
 President. 
 Secretary. 
 
 NOTES. (a) The law requires the board to make all contracts necessary 
 to carry out any vote of the district, and the president of the district to 
 sign all contracts made by the board. Section 1739. Contracts must, in all 
 cases, be made according to the instructions and directions of the board, 
 and after being made they should be approved by the board before any work 
 is done. 
 
 (6) In building a school-house, it is important to secure plans of the 
 building, with full specifications as to its dimensions, style of architecture, 
 numbe M and size of windows and doors, quality of materials to be used, what 
 kind of roof, number of coats of paint, of what material the foundation 
 shall be constructed, its depth below and its height above the surface of the 
 ground, the number and style of chimneys and flues, the provisions for ven- 
 tilation, the number of coats of plastering and style of finish, and all other 
 items in detail that may be deemed necessary. The plans and specifications 
 should be attached to the contract, and the whole filed with the secretary of 
 the district township. 
 
 NUMBER 8. 
 
 Form of Bond for Performance of Contract. 
 [Section 1723.] 
 
 Know all Men by these Presents: That we, , as prin- 
 cipal, and and as sureties, of 
 
 the county of and state of Iowa, are held and firmly 
 
 bound unto the district township of , in the county of 
 
 , and state of Iowa, in the penal sum of dollars, 
 
 for the payment of which, well and truly bo be made, we bind ourselves, 
 our heirs, administrators and assigns, jointly, severally and firmly by these 
 presents. 
 
 The condition of the above obligation is such that, whereas the said 
 
 has this day entered into a written contract with 
 
 , as president of the board of directors of the district township of 
 
 , in the county of , and state of Iowa, 
 
 and his successors in office, for the erection and completion of a school-house 
 
BLANK FORMS. 109 
 
 in said subdistrict, by the day of , 188. . , according 
 
 to the plans and specifications for the construction of said house appended 
 to said contract. 
 
 Now, therefore, if the said shall faithfully and fully 
 
 comply with all the stipulations of said contract, then this obligation shall 
 be void, otherwise remain in full force and virtue in law. 
 
 In testimony whereof we have hereunto subscribed our names this 
 
 day of ,188.. 
 
 Principal. 
 
 NUMBER 9. 
 
 Form for Certificate of Appointment of School Officers. 
 [Section 1730.] 
 
 ,188. 
 
 To : 
 
 You areihereby notified that, at a meeting of the board of directors of the 
 
 districtfttownshipEof , in the county of , 
 
 andstate'of Iowa, held on the day of ,188.., you were 
 
 duly appointed (here name the office), in and for said district township, to 
 fill the [vacancy^occasioned by the (here state the came of the vacancy) of 
 
 Secretary of the Board of Directors. 
 
 NOTE For the appointment of subdirector, insert in the above form the 
 words subdistrict^number of immediately after the word/<w. 
 
BLANK FORMS. 
 
 NUMBER 10. 
 
 Form f Off Bond of Secretary or Treasurer. 
 [Section 1731.] 
 
 Know all Men by these Presents: That I, as principal, 
 
 and and as sureties of 
 
 the district township of , in the county of , 
 
 and state of Iowa, are held and firmly bound unto the district township 
 
 of , in the said county and state, in the penal sum of 
 
 dollars, to be paid to the said district township of 
 
 , for which payment, well and truly to be made, we bind 
 
 ourselves, our heirs, executors and administrators firmly by these presents. 
 
 The condition of the above obligation is such that if the above bounden 
 , shall well and truly fulfill the duties of secre- 
 tary (or treasurer) in the district township of , and county 
 
 of , and state of Iowa, to the best of his ability, 
 
 according to law, then the above obligation to be void, otherwise to remain 
 in full force and action in law. 
 
 In testimony whereof we have hereunto subscribed our names this 
 
 day of ,188.. 
 
 Principal 
 
 STATE OF IOWA, ) ss 
 , county, J 88 ' 
 
 I, , do solemnly swear (or affirm) that I will sup- 
 port the constitution of the United States, and the constitution of the state 
 of Iowa, and that I will faithfully and impartially discharge the duties of 
 
 secretary (or treasurer) of the district township of , in the county of 
 
 , and state of Iowa, according to law and as provided by the con- 
 dition of my bond above written. 
 
 Subscribed and sworn to before me by the above named. , 
 
 this... day of , A. D. 188.. 
 
 In testimony whereof witness my hand and official seal. 
 
 Notary Public. 
 [SEAL.] 
 
BLANK FOKMS. 
 
 STATE OF IOWA, 
 county. 
 
 I, , being duly sworn, depose and say that 
 
 I am a resident freeholder of the state of Iowa, and am worth the sum of 
 
 dollars beyond the sum of my debts, and have 
 
 property liable to execution in this state equal to the sum of 
 
 dollars. 
 
 Subscribed and sworn to before me by the above named. 
 
 this day of. , A. D. 188. . 
 
 In testimony whereof witness my hand and official seal. 
 
 [SEAL. | Notary Public. 
 
 NOTES (a) See section 1731, notes. 
 
 '(6) The aggregate amount to which the sureties are required to qualify, 
 is double the amount of the bond required. Section 249, Code. 
 
 NUMBER 11. 
 
 Form of Certificate for Election of the Officers of the Board, to the County 
 Superintendent, Auditor, and Treasurer. 
 
 [Section 1736.] 
 
 I hereby certify that at a meeting of the board of directors of the district 
 
 township of , held on the day of 
 
 , 188. . , the following named officers were elected and have 
 
 duly qualified according to law: 
 
 , to the office of ..., P. O. Address 
 
 , to the office of , P. O. Address 
 
 Dated at.. .,188.. 
 
 Secretary. 
 
 NOTE. All the officers of the board, in addition to the oath which they 
 may have taken as members, must take the oath of office as prescribed by 
 section 5, article 11, of the constitution. 
 
BLANK FORMS. 
 
 NUMBER 12. 
 
 Form of Draft on the County Ireasury. 
 [Sections 1739, 1786.] 
 
 To , County Treasurer: 
 
 Pay to , treasurer of the district township 
 
 of , in the county of , 
 
 and state of Iowa, dollars school-house fund, 
 
 dollars contingent fund, and dollars teachers' fund, being the 
 
 amount of taxes collected and due this district, for the quarter ending on the 
 
 first Monday of , as shown by your notice of , 
 
 188.. 
 
 President. 
 
 NOTE. Whenever a draft is drawn on the county treasury, it is the duty 
 of the secretary to charge the district treasurer with the amount named in 
 the draft, keeping a separate account with each fund. Section 1782. 
 
 NUMBER 13. 
 
 Form of Order en District Ireasury. 
 [Section 1739.] 
 
 $ ,18..., 
 
 To , treasurer of the district township of 
 
 Pay to , or order, the sum of dollars 
 
 from the (here state the fund) fund for (here state the object for which drawn). 
 
 President. 
 
 Secretary. 
 
 NOTE. No order shall be drawn on the district treasury, until the claim 
 for which it is drawn has been audited and allowed. Section 1733. 
 
 All orders drawn on the district treasury should be registered by the sec- 
 retary as per form 16. 
 
BLANK FORMS. 
 
 NUMBER 14. 
 Form of Lease. 
 [Section 1739.] 
 
 Know all men by these presents : That , of the county of 
 
 , and state of Iowa, for the consideration hereinafter 
 
 mentioned, does hereby lease unto. , president 
 
 of the board of directors of the district township of , in the 
 
 county of , and state of Iowa, or his successor in office, 
 
 for the use of said district township for school purposes, the following de- 
 scribed premises, situated in the county and state aforesaid, to- wit: (Here 
 describe the home and lot or parcel of ground), together with all the privileges 
 
 thereto belonging, for the term of months from the 
 
 day of ,188.. 
 
 The said , president as aforesaid, or his successor 
 
 in office, hereby agrees to pay the said , for the use of 
 
 said premises the monthly rate of dollars, to be paid at the expi- 
 ration of this lease. 
 
 In testimony whereof, we have hereunto subscribed our names this 
 
 day of ,188.. 
 
 Signed in duplicate. , 
 
 President. 
 
 NOTE As a matter of safety, the above lease should be executed in du- 
 plicate, one to be held by the secretary of the board, and the other by the 
 lessor. The lease should be approved by the board, as in case of a contract, 
 and should be filed with the secretary. 
 
 NUMBER 15. 
 Form of Deed. 
 [Section 1739.] 
 
 Know all men by these Presents: That we, , and 
 
 , h , of the county of , 
 
 and state of Iowa, in consideration of the sum of dollars 
 
 in hand paid, do hereby sell and convey unto the district township of 
 , in the county of , and state of Iowa, 
 
 15 
 
BLANK FORMS. 
 
 the following described premises, situate in the county of , and 
 
 state of Iowa, to-wit: (Here describe the premises.) 
 
 And we do hereby covenant with the said district township that we are 
 lawfully seized of said premises; that they are free from incumbrance; that 
 we have good right and lawful authority to sell the same; and we do hereby 
 covenant to warrant and defend the title to the said premises against the 
 lawful claims of ail persons whomsoever. 
 
 Signed this day of 188. . 
 
 STATE or IOWA, 
 
 On this ................... day of ...................... , A. D. 188. ., before 
 
 me, a notary public in and for said county, personally came ................ 
 
 and ................ , h ......... personally to me known to be the identical 
 
 persons whose names are affixed to the above deed as grantors, and acknowl- 
 edged the same to be their voluntary act and deed, for the purposes therein 
 expressed. 
 
 Witness my hand and notarial seal this .......... day 
 
 |L. s.] of ................ ,188.. 
 
 Notary Public. 
 
 NOTES. (a) In purchasing the grounds for school-house purposes, the 
 president should require an abstract of title and satisfy himself that the 
 property is free from incumbrance. Let the property in all cases be con- 
 veyed to the district in its corporate name. The deed should be filed with 
 the president. 
 
 (b) In case of the donation of school-house site, the following reversion- 
 ary clause may be appended to the deed: Provided, that if, for the space of 
 two consecutive years said premises shall cease to be used for school purposes, 
 the same shall revert to the original donor; his heirs or assigns, without legal hin- 
 derance or expense. 
 
 (c) Since, by section 1827, the receipt of the treasurer for the money de- 
 posited with him, for the owner of the land, may be the only evidence of 
 title, such receipt should have a full description of the property, contain 
 the proviso of note (b) of this form with this addition, upon the repayment of 
 the principal amount paid by the district, without interest, together with the value 
 of any improvements thereon made by the district, and the receipt should be re- 
 corded by the county recorder. 
 
BLANK FORMS. 
 
 115 
 
 NUMBEE 16. 
 
 ISection 1741.] 
 
 Form of Order Register of Secretary and 1 reasurer. 
 
 
 
 
 
 a 
 
 . 
 
 
 
 
 
 
 s 
 
 a 
 ff 
 ft 
 
 | 
 
 
 DATE. 
 
 IN WHOSE FAVOR 
 DRAWN. 
 
 FOR WHAT PURPOSE 
 
 li 
 
 Is 
 
 S| 
 
 
 
 
 
 31 
 
 si 
 
 p 
 
 ll 
 
 6 
 
 fc; 
 
 
 
 
 r 
 
 8* 
 
 H 
 
 i 
 
 April 7, 188. 
 
 John Smith 
 
 Teaching school 
 
 $ 
 
 $ 
 
 $4500 
 
 g 
 
 April 7 188 
 
 A. J. Adams .... 
 
 Rep. on S. -house . . . 
 
 15.00 
 
 
 
 a 
 
 April 7 188 
 
 Joel B Young 
 
 Fuel 
 
 
 5 00 
 
 
 4 
 
 May 10, 188. . 
 
 Thos. Harrison . . 
 
 Erection of S.-house. 
 
 125.00 
 
 
 
 B 
 
 Mav 14. 188. . 
 
 Sarah Johnson.. 
 
 Teaching school.. 
 
 
 
 63.74 
 
 NOTE. The law requires both the secretary and treasurer to keep a regis- 
 ter of all orders drawn on the district treasury, containing a record of each 
 item enumerated in the above form. 
 
 Whenever orders are drawn, the secretary should register them and fur- 
 nish the treasurer with a transcript of the same to place upon his register. 
 
 Whenever partial payment is made, the treasurer should indorse the pay- 
 ment on the order and take a receipt for the amount paid. When paid in 
 full, the order should, in all cases, be indorsed by the person presenting it, 
 and left with the treasurer. It is then a voucher for the amount paid. 
 
BLANK FORMS. 
 
 NUMBER 17. 
 
 Form of Notice of District Township Meeting. 
 [Section 3742.] 
 
 Notice is hereby given to the qualified electors of the district township of 
 
 , in the county of , and state of Iowa, that 
 
 the annual meeting of said district will be held at , on 
 
 the second Monday in March, 188. ., at . . o'clock, . . M., for the transaction 
 of such business as may legally come before it. 
 
 Secretary. 
 Dated, ,188.. 
 
 NOTES. (a) The above notice must be posted in five different conspicuous 
 places in the district and a copy of the same furnished to the teacher of each 
 school in session to]be read to the pupils thereof. In independent districts, 
 insert immediately after the word /or, in the concluding part of the notice, 
 the words thelelection of officers and in accordance with the provisions of sec- 
 tions 1807, 1808, and section 4, chapter 8, laws of 1880. 
 
 (&) The^same notice may be given for the extra meetings provided for in 
 sections 17171 and 1822, changing the time of holding the election to suit the 
 circumstances of the case. 
 
BLANK FORMS. 
 
 117 
 
 NUMBER 18. 
 [Section 1745.] 
 
 Report of the Secretary of District of 
 
 'for the Year Ending September . . , 188. . 
 
 DIS- 
 TRIC'S. 
 
 SCHOOLS. 
 
 TEACHERS. 
 
 PUPILS. 
 
 SCHOOL- 
 HOUSES. 
 
 APPARATUS. 
 
 LIBRARIES. 
 
 
 Number of subdistrict or name of in- 
 dependent district. 
 
 Number ungraded. 
 
 Number of rooms in graded schools. 
 
 Number of months school since Sep- 
 tember of last year. 
 
 Number of different 
 teachers employed. 
 
 Average compensation 
 per month. 
 
 Number of persons be- 
 tween the ages of 5 
 and 21 years. 
 
 Total number of different scholars 
 registered in the schools since 
 last September. 
 
 Average daily attendance in each 
 school. 
 
 Average cost of tuition per month 
 for each pupil. 
 
 Number. 
 
 Value. 
 
 9 
 
 si 
 "cS 
 > 
 
 Number of volumes. 
 
 No. of trees set out on grounds and 
 in thrifty condition. 
 
 Are effects of stimulants and nar- 
 cotics taught? 
 
 1 
 s 
 
 Females. 
 
 1 
 
 "S 
 
 Females. 
 
 Males. 
 
 Females. 
 
 Frame. 
 
 x 
 .2 
 
 o5 
 a 
 
 , 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ? 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 t 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Total 
 
 ~ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 # 
 
 .- 
 
 
 * 
 
 * 
 
 .... 
 
 .... 
 
 * 
 
 * 
 
 * 
 
 
 
 
 
 
 
 
 Leave these totals blank. 
 
118 
 
 BLANK FORMS. 
 STATISTICS OF BLIND AND DEAF AND DUMB. 
 
 NAME. 
 
 AGE. 
 
 NATURE OF 
 DEFECT. 
 
 NAME OF PAR- 
 ENT. 
 
 I 
 
 P. O. ADDRESS. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 I hereby certify that the foregoing report is correct. 
 
 post-office, September , 188. . 
 
 , Secretary. 
 
 NOTES (a) At the regular meeting in September, call the attention of 
 your board to section 690, Code, which directs them to settle in full with the 
 treasurer, and require him to account for and produce all funds and property 
 under his control. The fact that the treasurer has made a complete settle- 
 ment, and that he is in possession of the funds, should be indorsed on the 
 new bond. This will furnish the legal proof that the treasurer has the funds 
 in his possession. 
 
 (6) Two or more terms taught in the same school-house, the same year, 
 constitute but one school. 
 
 (c) Express all fractions decimally; omit cents in the valuation of school- 
 houses and apparatus. 
 
 (d) To find the average daily attendance in the district, divide the sum of the 
 total attendance in days, as shown by the register of the teacher or teachers, 
 by the number of days the school has been taught. 
 
 (e) To find the average cost of tuition per 'month for each pupil, divide the 
 total amount paid teachers by the number of months, and this quotient by 
 the average daily attendance. 
 
 (/) The average compensation per month averages between winter and 
 summer schools, or of all the teachers of the same grade employed in a given 
 district. 
 
 (fif) Secretaries must file their reports with the county superintendent im- 
 mediately after the meeting of the board, on the third Monday in September. 
 
BLANK FORMS. 
 
 119 
 
 IS UMBER 19. 
 Form for the Treasurer's Account with the Teachers' Fund. 
 
 [Sections 1747, 1748.] 
 , , TREASURER, in account with Teachers' Fund. DR. 
 
 Sept. 28, 188. , 
 
 Oct. 5,188. 
 Jan. 4, 188. 
 April 5, 188. 
 April 5, 188. 
 
 July 5,188. 
 
 To cash received of County Treasurer, semi-annual 
 apportionment 
 
 To cash received of County Treasurer, district tax.. 
 
 To cash received of County Treasurer, district tax., . 
 
 To cash received of County Treasurer, district tax . . 
 
 To cash received of County Treasurer, semi-annual 
 apportionment 
 
 To cash received of County Treasurer, district tax . . 
 
 $ 270.00 
 
 75.00 
 
 150.00 
 
 197.00 
 
 13500 
 100.00 
 
 
 
 
 Oct. 13, 188. . 
 
 By cash paid James Hogan, on order No. 1 
 
 $ 13600 
 
 Oct. 13,188.. 
 
 By cash paid Sarah Smith, on order No. 3 
 
 89.00 
 
 Nov. 14, 188. 
 
 By cash paid Nicholas Hoover, on order No. 4 
 
 13500 
 
 May 3, 188. . 
 
 By cash paid Louisa Martin, on order No. 7 
 
 82.00 
 
 May 4, 188. . 
 
 By cash paid Jas. M. Higgins, on order No. 10 
 
 11500 
 
 May 4, 188. . 
 
 
 175.00 
 
 May 5, 188. . 
 
 By cash paid Amelia Mason, on order No. 13 
 
 95.00 
 
 NOTE. A similar account is to be kept with the school-house fund and 
 contingent fund, and a statement of the condition of any fund is to be ren- 
 dered at any time when required by the board. By keeping a correct ac- 
 count of the orders, as per form 16, the treasurer will know the amount out- 
 standing, and can readily determine what per cent on each he can pay with 
 the funds on hand. 
 
 The above form is intended for separate pages opposite each other. 
 
120 
 
 BLANK FORMS. 
 
 NUMBER 20. 
 
 . 
 
 [Section 1751.] 
 
 Report of the treasurer of the District 
 
 of , for the year ending September , 188. . 
 
 DR. SCHOOL-HOUSE FUND. 
 
 OR. 
 
 On hand at last report 
 Received from district tax. . . . 
 
 *. 
 
 
 Paid for school-houses and 
 sites 
 
 $ 
 
 Received from other sources. . 
 
 
 
 Paid on bonds and interest 
 
 
 
 
 
 Paid for library and apparatus 
 
 
 
 
 
 Transferred to other funds . . . 
 Paid for other purposes 
 
 .... 
 
 , 
 
 
 
 On hand 
 
 
 Total.... 
 
 ~ 
 
 
 
 Total 
 
 
 
 DR. 
 
 CONTINGENT FUND. 
 
 OR. 
 
 On hand at last report 
 
 Received from district tax. . 
 Received by transfer from 
 
 school- house fund 
 
 Received from other sources 
 
 Total 
 
 $.. 
 
 Paid for fuel, rent and repairs 
 of school-houses 
 
 Paid secretary and treasurer 
 
 Paid for records, dictionaries, 
 and apparatus 
 
 Paid for insurance and jani- 
 tors 
 
 Paid for brooms, chalk and 
 other supplies 
 
 Paid for other purposes 
 
 On hand . . 
 
 Total 
 
 DR. 
 
 TEACHERS' FUND. 
 
 CR. 
 
 On hand at last report 
 Received from district tax. . . . 
 
 $. . 
 
 
 Paid teachers since last report. 
 Paid other districts for tuition. 
 
 $. . 
 
 
 Received from semi-annual 
 
 
 
 Paid for other purposes 
 
 
 
 apportionment 
 
 
 
 On hand . . 
 
 
 
 Received by transfer from 
 school-house fund 
 
 
 
 
 
 
 Received f^om other sources 
 
 
 
 > 
 
 
 
 Total 
 
 
 
 
 
 Total .. 
 
 
 
 
 
 I hereby certify that the foregoing report is correct. 
 post-office, September , 188.. 
 
 treasurer. 
 
BLANK FORMS. 
 
 NOTE. (a) The totals of the debit and credit columns in each fund 
 MUST, IN ALL CASES, BE EQUAL; the report should exhibit the exact 
 amounts received and paid out by the district since the date of last report. 
 Unpaid orders are not to be reported. 
 
 (b) The amount on hand at last report MUST BE IDENTICAL with the amount 
 reported on hand in your last report to the county superintendent. 
 
 (c) The treasurer is required to make a full report to the board, at the ex- 
 piration of his term of office on the third Monday of September, and to file a 
 copy of the same immediately with the county superintendent. Section 
 1751 and notes. 
 
 (d) The report must be made in the identical items printed on this blank. 
 Any deviation or interlining simply causes the county superintendent the 
 trouble of condensing. Itemize fully, and take pride in making paid for 
 other purposes as small as possible. 
 
 (e) The report made to the county superintendent should be identical 
 with the final report for a full year made by the treasurer to the board at 
 their meeting on the third Monday in September. 
 
 NUMBEE 21. 
 
 Form of Contract between Subdirector (or Secretary), and Teacher. 
 [Sections 1753, 1757, 1758.] 
 
 This contract, between. , of county, 
 
 Iowa, and , subdirector of subdistrict No. 
 
 of the district township of ., in the county of .. 
 
 and state of Iowa, witnesseth: 
 
 That the said , agrees to teach the public schools in said 
 
 subdistrict for the term of weeks, commencing on the 
 
 day of , 188. . , and well and faithfully to perform the duties 
 
 of teacher in said school, according to law, and the rules legally established 
 for the government therof, including the exercise of due diligence in the 
 preservation of school buildings, grounds, furniture, apparatus, and other 
 school property. 
 
 In consideration of said services, the said. , as subdirector 
 
 aforesaid, in behalf of said district township, agrees to pay the said 
 
 , the sum of dollars per school month, at the 
 
 end of , and to perform all the duties required by law as 
 
 such subdirector. 
 
 16 
 
122 BLANK FORMS. 
 
 Witness our hands this ................ day of 
 
 , A. D. 188. 
 
 Teacher. 
 
 Subdirector. 
 The within contract is hereby approved this day of , A. D. 188. . 
 
 President. 
 
 NOTE With a little variation the above form will answer for independ- 
 ent districts. The subdirector should file the contract with the president 
 and secure his approval before the teacher enters upon his'duties. The pres- 
 ident cannot withhold his approval, unless there has been a violation of law, 
 or the instructions of the board have been disregarded. 
 
 NUMBER 22. 
 
 Form for List of Heads of Families and Children, to be kept by Subdirectors. 
 
 [Section 1754.] 
 
 PARENTS OR GUARDIANS. 
 
 NAMES OF CHILDREN. 
 
 SEX. 
 
 AGE. 
 
 John Smith 
 
 Peter Smith 
 
 Male 
 
 12 years. 
 
 
 Eliza Smith . 
 
 Female 
 
 10 years. 
 
 James Jones 
 
 William Jones 
 
 Male 
 
 15 years. 
 
 Anna Byron 
 
 Charles Peters, (ward). 
 James Byron 
 
 Male 
 Male 
 
 13 years. 
 20 years. 
 
 NOTE The above list should be recorded in a book, and carefully pre- 
 served with the records of the subdistrict, from this record the subdirector 
 will be able to make his annual report to the district secretary, as required 
 by section 1755. 
 
NUMBER 23. 
 
 Form for Teacher's Daily Register of Attendance. 
 
 [Section 1759.] 
 
 Register of the school taught in subdistrlct number of the district township of county of 
 and state of Iowa for the term commencing May 18, 188. . . , and closing. . 188 
 Teacher. 
 
 BBANOHES STUDIED. 
 
 BLANK FORM! 
 soiioo 
 
 5. 
 
 i* 
 
 * 
 
 * 
 
 * 
 
 * 
 
 12c 
 
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 * * j-* (-* 
 
 SujmA! 
 
 * 
 
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 * 
 
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 Xqd-BiSoq^ro 
 
 * * * 
 
 sep uj oouupuo:^ ii3}ox 
 
 IO 
 
 00 
 
 t- 
 
 
 
 10 
 
 -4 
 
 ri 
 
 b 
 
 -3 
 
 DAY OF MONTH. 
 
 -rang S.iJ[QQj^ 
 
 10 
 
 10 
 
 10 
 
 IO 
 
 IO 
 
 IO 
 
 '21 *'& 
 
 1 
 
 ii ''m 
 
 
 01 "M 
 
 1 
 
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 1 
 
 '8 *'W 
 
 
 -rang pi99A\ 
 
 10 
 
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 o 
 
 M 
 
 fi"j 
 
 
 
 
 
 X 
 
 Vqj 
 
 
 
 
 
 X 
 
 S"M 
 
 
 X 
 
 
 
 x 
 
 VX 
 
 
 ^ ^ 
 
 
 
 
 l"H 
 
 
 \ 
 
 
 
 
 -rang U99M 
 
 
 
 IO 
 
 10 
 
 IO CO 
 
 * 
 
 1 
 
 '62 ''J 
 
 
 X 
 
 
 $ 
 
 
 '82 '-qx 
 
 
 
 b 
 
 
 "17 ' A* 
 
 l*> fa. 
 
 D 
 
 s 
 
 
 
 x 
 
 
 92 "X 
 
 
 co 
 
 
 
 
 W 
 
 32 "W 
 
 X 
 
 
 \ 
 
 
 -rang {3i8aAi 
 
 2 |3 * 
 
 10 
 
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 '22 ''& 
 
 
 s^ 
 
 1 
 
 
 12 '-qX 
 
 
 X 
 
 
 w 
 
 
 '02 "M 
 
 2^ 
 
 
 
 
 
 61 "X 
 
 
 1 
 
 8T "W 
 
 W W 
 
 W W 
 
 PUPILS. 
 
 9Sy 
 
 o 2 S S3 * 
 
 NAME. 
 
 a 
 
 a 
 S 
 
 5 
 
 4 
 
 3 
 
 a 
 
 QD 
 
 i 
 
 William Jones 
 
 Charles Peters 
 
 James Byron 
 
 Thomas Ward 
 
 OK 
 
 rH '" <N CO ^ 10 CD 
 
124 
 
 BLANK FOKMS. 
 
 NOTE. The board should supply each school-room in the district with a 
 bound copy of school register. 
 
 In the above form, E indicates the date of the pupil's entrance; \, absence 
 in the forenoon; / , absence in the afternoon; 20, twenty minutes late in 
 forenoon; lOe, ten minutes late afternoon, excused. The absence of marks 
 indicates that the pupil was present the entire day. Absence at roll-call is 
 indicated by a dot, which is afterward changed to figures, or a diagonal 
 mark, as the circumstances require; * indicates branch studied. 
 
 NUMBER 24. 
 
 [Section 1760.] 
 
 Form for Teacher's Term Eeport, to District Secretary. 
 
 Teacher's report to the district secretary of the school taught in subdis- 
 
 trict No , of the district township of , 
 
 county, Iowa, for the term commencing , 188. . 
 
 
 MALES. 
 
 FEMALES. 
 
 TOTAL. 
 
 Whole number of pupils enrolled 
 
 
 
 
 Average number belonging 
 
 
 
 
 Total attendance in days 
 
 
 
 
 Average daily attendance 
 
 
 
 
 Total number of days absent 
 
 
 
 
 Number of cases of tardiness 
 
 
 
 
 Number neither absent nor tardy 
 
 
 
 
 Number studying orthography 
 
 
 
 
 Number studying reading 
 
 
 
 
 Number studying writing 
 
 
 
 
 
 
 
 
 Number studying geography 
 
 
 
 
 Number studying grammar 
 
 
 
 
 Number studying physiology 
 
 
 
 
 Number studying United States history. . . . 
 
 
 
 
 Number studying effects of stimulants, etc. 
 
 
 
 
 Whole number of days taught 
 
 Compensation of teacher per month 
 
 Average cost of tuition per month, for each pupil 
 I hereby certify that the above report is correct. 
 
 Teacher. 
 
 NOTES. (a) The number belonging on any day is equal to the number 
 enrolled less the number who have been absent more than three consecu- 
 
BLANK FOKMS. 125 
 
 tive whole days. To obtain the average number belonging for the term, 
 divide the sum of the numbers belonging for each day by the number of days 
 the school has been taught. 
 
 (6) To find the average daily attendance, divide the total attendance in 
 days by the number of days the school has been taught. 
 
 (c) To find the average cost of tuition for each pupil per month, divide 
 the amount paid the teacher per month by the average daily attendance for 
 the term. 
 
 The above form may also serve for a monthly report to the county super- 
 intendent, in case he requests it. 
 
 NUMBER 25. 
 Form of Teacher's Certificate. 
 
 [Sections 1766, 1767.] 
 TEACHER'S CLASS CERTIFICATE. 
 
 OFFICE OF COUNTY SUPERINTENDENT, 
 
 county. Iowa, 
 
 188.. 
 
 This certifies that has passed an examination, 
 
 as required by law, with the results hereto appended, and that 
 
 possesses a good moral character, aptness to teach and ability to govern. 
 
 I hereby authorize, to teach in the public schools of 
 
 county for a period of months from the date of this certifi- 
 cate. 
 
 Per cent. Per cent. 
 
 Orthography U. S. History ... 
 
 Reading Effects of stimulants, etc 
 
 Writing Theory of teaching 
 
 Arithmetic Practice of teaching 
 
 Geography 
 
 Grammar 
 
 Physiology 
 
 No , 
 
 County Superintendent. 
 
 NOTE. This certificate is valid only in the county where granted. 
 
126 
 
 FORMS. 
 
 NUMBER 26. 
 
 
 
 Form for Monthly Report of Institute Fund. 
 
 [Section 1769.] 
 MONTHLY REPORT OF INSTITUTE FUND. 
 
 Received from examination fees, for the month of , and 
 
 paid to the treasurer of county, Iowa, as required by 
 
 Chapter 57, Laws of 1874, as amended by Chapter 54, Laws of 1878. 
 
 
 NAME OF APPLICANT. 
 
 AMOUNT 
 RECEIVED. 
 
 
 NAME OF APPLICANT. 
 
 AMOUNT 
 RECEIVED. 
 
 1 
 
 2 
 3 
 
 4 
 
 5 
 6 
 
 7 
 8 
 9 
 10 
 11 
 12 
 13 
 14 
 15 
 16 
 17 
 18 
 19 
 20 
 21 
 22 
 23 
 24 
 25 
 26 
 
 
 $ 
 
 
 87 
 
 
 $ 
 
 
 
 
 
 '?K 
 
 
 
 
 
 
 
 29 
 
 
 
 
 
 
 
 
 30 
 
 
 
 
 
 
 
 31 
 
 
 
 
 
 
 
 3-1 
 
 
 
 
 
 
 
 33 
 
 
 
 
 
 
 
 tt4 
 
 
 
 
 
 
 
 35 
 
 
 
 
 
 
 
 rK> 
 
 
 
 
 
 
 
 37 
 
 
 
 
 
 
 
 3S 
 
 
 
 
 
 
 
 30 
 
 
 
 
 
 
 
 40 
 
 
 
 
 
 
 
 41 
 
 
 
 
 
 
 
 4'^ 
 
 
 
 
 
 
 
 43 
 
 
 
 
 
 
 
 41 
 
 
 
 
 
 
 
 45 
 
 
 
 
 
 
 
 46 
 
 
 
 
 
 
 
 17 
 
 
 
 
 
 
 
 IS 
 
 
 
 
 
 
 
 49 
 
 
 
 
 
 
 
 50 
 
 
 
 
 
 
 
 51 
 
 
 
 
 
 
 
 52 
 
 
 
 
 
 
 
 
 Total 
 
 
 
 
 
 I certify that that the above report is correct. 
 , Iowa. 
 
 1, 188.. 
 
 County Superintendent. 
 
 NOTES. (a) The monthly report and payment of institute fund required 
 by section 1769 should be made on the first day of each month. 
 
 (6) By section 1769, one dollar must be paid by every applicant for a cer- 
 tificate. 
 
BLANK FORMS. 
 
 127 
 
 NUMBER 27. 
 
 Form for Receipt of Institute Fund. 
 [Section 1769.] 
 
 $ 
 
 RECEIVED OF , superintendent 
 
 of schools county, Iowa, , dollars 
 
 institute fund. 
 
 , Iowa. , 
 
 1,188.. County Ireasurer. 
 
 NUMBER 28. 
 
 Form of Application for Teachers' Normal Institute. 
 [Section 1769, also 1584, Code.] 
 
 OFFICE OF COUNTY SUPERINTENDENT, ) 
 county, 188.. j 
 
 lo the Superintendent of Public Instruction: 
 
 From satisfactory evidence on file in this office, I hereby certify that not 
 
 less than twenty teachers desire to assemble at , 
 
 county, Iowa, on the day of , 
 
 188. .. for the purpose of holding a teachers' normal institute, to remain in 
 session for a period of weeks. 
 
 I shall act as director, and have appointed, subject to your approval, .... 
 
 conductor, 
 
 and , , , assistants 
 
 and hereby request your concurrence in said appointments. 
 
 County Superintendent. 
 
128 
 
 BLANK FORMS. 
 
 NUMBER 29. 
 
 t 
 
 Form for Report of Registration Fees, Institute Fund. 
 
 [Section 1769.] 
 EEPORT OF INSTITUTE FUND. 
 
 Received from registration fees of normal institute, held at , 
 
 commencing , 188. . , for a period of weeks, 
 
 and paid to the treasurer of county, Iowa, as required 
 
 by Chapter 57, Laws of 1874. 
 
 
 NAME OF TEACHER. 
 
 AMOUNT 
 RECEIVED. 
 
 
 NAME OF TEACHER. 
 
 AMOUNT 
 RECEIVED. 
 
 1 
 
 2 
 3 
 4 
 5 
 6 
 7 
 8 
 9 
 10 
 
 11 
 
 12 
 13 
 14 
 15 
 
 16 
 17 
 18 
 J9 
 20 
 21 
 22 
 28 
 24 
 25 
 26 
 
 
 $ 
 
 
 97 
 
 
 $ 
 
 
 
 
 
 98 
 
 
 
 
 
 
 
 99 
 
 
 
 
 
 
 
 30 
 
 
 
 
 
 
 
 SI 
 
 
 
 
 
 
 
 3? 
 
 
 
 
 
 
 
 33 
 
 
 
 
 
 
 
 34 
 
 
 
 
 
 
 
 3o 
 
 
 
 
 
 
 
 w 
 
 
 
 
 
 
 
 37 
 
 
 
 
 
 
 
 38 
 
 
 
 
 
 
 
 39 
 
 
 
 
 
 
 
 10 
 
 
 
 
 
 
 
 41 
 
 
 
 
 
 
 
 T> 
 
 
 
 
 
 
 
 43 
 
 
 
 
 
 
 
 M 
 
 
 
 
 
 
 
 4- r > 
 
 
 
 
 
 
 
 46 
 
 
 
 
 
 
 
 17 
 
 
 
 
 
 
 
 48 
 
 
 
 
 
 
 
 49 
 
 
 
 
 
 
 
 50 
 
 
 
 
 
 
 
 51 
 
 
 
 
 
 
 
 
 State appropriation 
 Total . . 
 
 
 
 
 
 
 .., 
 
 
 
 I hereby certify that the above report is correct. 
 
 County Superintendent. 
 
 , Iowa, 
 
 ,,188.. 
 
BLANK FORMS. 
 
 NUMBER 30. 
 
 Form of Order on Institute Fund. 
 [Section 1769 ] 
 
 OFFICE OF COUNTY SUPERINTENDENT, 
 
 $ county, , 188.. 
 
 To i Treasurer of county: 
 
 Pay to , or order, dollars out of 
 
 the institute fund, for , as per bill No 
 
 approved this day, as required by law, and on file in my office. 
 
 No , 
 
 County Superintendent. 
 
 NOTE. The county superintendent must pay to the county treasurer all 
 moneys received for the institute fund, including the warrant for the state 
 appropriation. He should not issue warrants for a greater amount than the 
 funds in the hands of the county treasurer will pay off and satisfy. 
 
 NUMBEE 31. 
 
 Form for Eeport of I eachers' Normal Institute. 
 [Section 1769.] 
 
 Report of Teachers' Normal Institute held at , 
 
 county, commencing on the day of 
 
 , 188. . , and continuing weeks. 
 
 INSTRUCTORS AND LECTURERS. 
 
 TEACHERS. 
 
 
 LECTURERS. 
 
 
 Conductor. 
 
 
 
 .Instructor. 
 
 
 
 it 
 
 
 
 it 
 
 
 
 it 
 
 
130 
 
 BLANK FOKMS. 
 ATTENDANCE. 
 
 t 
 
 MALES. 
 
 FEMALES. 
 
 TOTAL. 
 
 
 
 
 
 Total average attendance 
 
 
 
 ::::.::::::: 
 
 DR. 
 
 INSTITUTE FUND. 
 
 CR. 
 
 On hand at date of last insti- 
 tute report '. 
 
 f 
 
 
 INSTRUCTORS 
 AND LECTURERS. 
 
 
 
 
 
 $... 
 
 . 
 
 Examination fees received and 
 
 
 
 Registration fees received and 
 paid to county treasurer. . . 
 
 
 
 
 
 
 s :::::::.:::*:::::::::: 
 
 
 
 State appropriation received 
 and paid to county treasurer 
 County appropriation received 
 and paid to county treasurer 
 
 
 
 
 
 
 00 
 
 
 
 
 
 
 
 
 2 " 
 
 
 
 
 
 -d 
 
 
 
 
 
 
 s 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 Orders issued for incidental 
 expenses 
 
 
 
 
 
 
 Unexpended 
 
 Total 
 
 $TT 
 
 
 
 Total 
 
 $... 
 
 I hereby certify that the above report is correct, 
 
 County Superintendent. 
 
 NOTE. The report of the institute fund should show the total receipts 
 and expenditures since the date of the last institute report. The debit col- 
 umn should contain the amount on hand as shown by the last institute re- 
 port, plus all subsequent receipts. The credit column should contain the 
 total amount expended since date of last report, plus amount on hand at 
 date of present report. 
 
 The examination fees must be equal to as many dollars as there are appli- 
 cants for certificates. 
 
 The registration fees must equal the whole number enrolled. 
 
 Give the total incidental expenses, making but one entry. 
 
 The totals in the debit and credit columns should in all cases be equal. 
 
 A duplicate of this report will be required as part of the annual report of 
 the county superintendent; it is, therefore, necessary that county superin- 
 tendents preserve the items to make this report. 
 
BL^NK FORMS. 
 
 NUMBER 32. 
 
 Form for Bevocation of Teacher's Certificate. 
 [Section 1771.] 
 
 OFFICE OF COUNTY SUPERINTENDENT, 
 
 county, , 188. . 
 
 To the Boards of School Directors in the county of , and 
 
 State of Iowa: 
 
 WHEREAS, On the day of , 188.., a certificate 
 
 was issued authorizing to teach in the public 
 
 schools of this county; and, 
 
 WHEREAS, Upon due examination, of which the said 
 
 received personal notice, and was permitted to be present and make 
 
 defense, it appeared that the said in consequence of 
 
 (here state the offense gross immorality, for example), is unworthy longer to 
 retain the same. 
 
 Now, therefore, in pursuance of the provisions of section 1771, of the 
 school laws of the state of Iowa, the said certificate is hereby revoked, to 
 take effect from and after the date hereof. 
 
 County Superintendent. 
 
 NOTE. A copy of the above revocation should be transmitted to the sec- 
 retary of feach district, and the secretary should immediately notify each 
 subdirector in his district of the fact. The teacher should also be served 
 with a copy. 
 
 NUMBER 33. 
 
 Form for Certificate to the Board of Supervisors of the lax Determined by the 
 
 Board of Directors. 
 
 [Section 1777.] 
 
 183.. 
 
 To the Board of Supervisors of county: 
 
 I hereby certify that a tax of dollars was this day deter- 
 mined by the board of directors of the district township of , 
 
 in the county of , and state of Iowa, for the contingent 
 
 fund, and dollars for the teachers' fund, as provided 
 
 in section 1777 of the Code. 
 
 Secretary. 
 
132 BLANK FORMS. 
 
 NUMBER 34. 
 
 Form of Certificate to the Board of Supervisors of lax Voted by the District 
 
 Township. 
 
 [Sections 1777, 1778.] 
 
 .,188.. 
 
 To the Board of Supervisors of. county, Iowa: 
 
 I hereby certify that at a meeting of the electors of the district township 
 
 of , in the county of , and state of Iowa, 
 
 held on the second Monday in March, 188. ., a tax of dollars was 
 
 voted for school-house purposes; and that this tax has been apportioned by 
 the board of directors among the subdistricts as follows: 
 
 Upon subdistrict No. 1, dollars. 
 
 Upon subdistrict No. 2, , dollars. 
 
 Upon subdistrict No. 3, dollars. 
 
 Upon subdistrict No. 4, dollars. 
 
 Upon subdistrict No. 5, dollars. 
 
 Secretary. 
 
 NOTE. All school-house taxes voted by the district township electors, 
 must be apportioned among the subdistricts. Section 1778. 
 
 NUMBER 35. 
 
 Form for Certificate of Tax Voted by a Subdistrict, and not Granted by the 
 District Township Electors. 
 
 [Section 1778.] 
 
 I hereby certify that the electors of subdistrict No. in the district 
 
 township of , at the last annual meeting, voted to raise 
 
 the sum of dollars, for school-house purposes, more than was 
 
 granted by the electors of said district township. 
 
 Secretary. 
 
 NOTES. The subdistrict electors may vote a tax for school-house purposes 
 and certify the same to the district township meeting. Form 5. Whatever 
 portion of this sum the township electors neglect or refuse to grant, must 
 be certified to the board of supervisors to be levied directly uponjthe sub- 
 district making the request. Section 1778. 
 
BLANK FORMS. ^33 
 
 NUMBER 36. 
 
 Form for Notice from the County Auditor of the Amount of Semi-annual Ap- 
 portionment. 
 
 [Section 1782.] 
 
 OFFICE OF COUNTY AUDITOR, 
 
 county, , 188. . 
 
 2o 
 
 President of the District Township of. , 
 
 Sir: You are hereby notified that according to the semi-annual appor- 
 tionment made this day, as provided by section 1781, Code, the sum of 
 
 dollars is due the district township of , in the county 
 
 of , and state of Iowa, for which I hand you here- 
 with my warrant on the county treasurer. 
 
 County Auditor. 
 
 NOTE. This warrant must be signed by the president and countersigned 
 by the secretary of the board, to authorize payment of the amount named 
 therein upon presentation by the district treasurer. 
 
 NUMBER 37. 
 
 Form of Certificate of Election of County Superintendent. 
 [Section 1783.] 
 
 OFFICE OF THE COUNTY AUDITOR, 
 
 ...county, ,188.. 
 
 I hereby certify that was elected to the office of 
 
 county superintendent, for the term commencing January , 188. . 
 
 His post-office address is , Iowa. 
 
 County Auditor. 
 
 NOTE. This certificate should be forwarded to the superintendent of pub- 
 lic instruction immediately after the result of the election is officially deter- 
 mined. 
 
134 BLANK FORMS. 
 
 NUMBER 38. 
 
 Form for Certificate of Qualification of County Superintendent. 
 [Section 1783.] 
 
 OFFICE OF COUNTY AUDITOR, 
 
 county, , 188. . 
 
 I hereby certify that has duly qualified for the 
 
 office of county superintendent, as required by sections 675 and 678, Code, for 
 
 the term commencing January , 188. . 
 
 His post-office address is , Iowa. 
 
 County Auditor. 
 
 i ' i 
 
 NOTE. This certificate should be forwarded to the superintendent of pub- 
 lic instruction as soon as the qualification and bond is filed in the office of 
 the county auditor, after such bond has been approved by the board of 
 supervisors. 
 
 NUMBER 39. 
 
 Form for Notice from County Ireasurer of School lax Collected. 
 [Section 1785 ] 
 
 OFFICE OF COUNTY TREASURER, 
 
 county, , 188. . 
 
 lo , President of the Board of Directors of the 
 
 District lownship of. : 
 
 You are hereby notified that the amount now collected and due the dis- 
 trict township of , in county, 
 
 Iowa, is: 
 
 $ school-house fund. 
 
 $ contingent fund. 
 
 $ teachers' fund. 
 
 County Ireasurer. 
 
 NOTE .It is the duty of the county treasurer to notify the president of the 
 
 bo&rd of each district, quarterly, of the amount collected for each school 
 fund and pay it to the district treasurers on the warrant of the presidents > 
 
 countersigned by the secretaries. 
 
BLANK FORMS. 
 
 135 
 
 On the first Monday in April of each year, the county treasurer also ren- 
 ders a statement of the amount of taxes uncollected in each district town- 
 ship. Section 1784. 
 
 The treasurer is required to pay over the amount of each fund collected, 
 monthly, to independent districts, on the order of the board. 
 
 NUMBER 40. 
 Form of Notice Permitting the Attendance of Pupils from Adjoining Districts. 
 
 [Section 1793.] 
 2b .............. ..................... , Secretary of the Board of Directors of ih<e 
 
 District Township of. 
 
 Notice is hereby given that ........ ...................................... 
 
 and .............................. , pupils residing in the district township of 
 
 ....... . .................... , have been granted permission by the board and 
 
 county superintendent to attend school in subdistrict No ....... , in the dis- 
 
 trict township of .............................. , commencing on the ........ 
 
 day of .................... , 188.., for a term of ............ months. 
 
 Dated at ................... ............ , 
 
 ............................ 188.. ............................. 
 
 President. 
 
 Secretary. 
 
 NOTE. By section 1793, when boards cannot agree on the attendance of 
 scholars in adjoining districts, they may attend, if the other conditions of 
 the law are fulfilled, by permission of the board where they wish to attend, 
 and the consent of the county superintendent of the county where they re- 
 side, but tuition can be collected only from date of the official notice. 
 
 NUMBER 41. 
 
 Form of Application for Appointment of Appraisers of School-house Site. 
 
 [Section 1827.] 
 
 Io , Superintendent of. county, Iowa: 
 
 In accordance with the action of the board of directors of the district town- 
 ship of , you are hereby requested to appoint 
 
 three disinterested persons to inspect, and assess the damages which the 
 
BLANK FORMS. 
 
 owner will sustain by appropriating for school purposes, the following de- 
 scribed real estate, viz : 
 
 Dated at , 
 
 ,188.. 
 
 President. 
 Secretary. 
 
 NUMBER 42. 
 
 Form for Appointment of Appraisers of Site for' School-house. 
 [Section 1827.] 
 
 To ., and : 
 
 You are hereby appointed and constituted a board of appraisers, under 
 the provisions of section 1827 of the Code of Iowa, to assess the damages 
 which the owner will sustain by the appropriation for school purposes, of 
 the following described real estate, viz : 
 
 in subdistrict No , of the district township of , 
 
 in the county of , and state of Iowa, contain- 
 ing one acre of land. 
 
 You will therefore, on the day of , 188. . , 
 
 at o'clock M., proceed to examine the real estate above described, 
 
 and assess, under oath, the cash damages which the owner will sustain by 
 the appropriation of said land for school purposes, and immediately there- 
 after report to me in writing the amount of said damages. 
 
 Dated at , 
 
 ,188.. , 
 
 County Superintendent. 
 
 Oath of Appraisers. 
 
 We, , and , 
 
 do solemnly swear that we will well and truly, and to the best of our ability 
 perform all of the duties imposed upon us by the foregoing commission. 
 
BLANK FOKMS. 
 
 Subscribed and sworn to before me by 
 
 and , this day of ,188 
 
 NOTE. Sufficient time must be allowed between the appointment-of Jthis 
 commission and the time set for appraising the damages to give the owner 
 legal notice thereof. See note (a) to section 1827. 
 
 NUMBER 43. 
 
 Form of Notice to Owner of Heal Estate of Appointment of Appraisers. 
 
 [Section 1827. j 
 To .., , county, Iowa: 
 
 You are hereby notified that I have this day appointed appraisers to assess 
 the damages which the owner will sustain by the appropriation for school 
 purposes, of the following described real estate, viz. : 
 
 Said appraisers will meet at the above described real estate, on the .... day 
 
 of , 188. . , at o'clock . . M., and assess said damages as 
 
 provided by section 1827 of the Code of Iowa. 
 
 Dated at , 
 
 , 188.. 
 
 County Superintendent. 
 
 18 
 
138 BLANK FORMS. 
 
 NUMBER 44. 
 
 Form for Report of Appraisement of Property for School Purposes. 
 [Section 1827.] 
 
 To , Superintendent of county, Iowa: 
 
 We, the undersigned, having been appointed to appraise the damages 
 which the owner will sustain by the appropriation, for school purposes, of 
 the following described real estate, viz.: 
 
 do hereby report that we have on this day of , 188. , 
 
 carefully examined said described real estate, and have appraised the dam- 
 ages at dollars. 
 
 Dated at , 
 
 ,188.. 
 
 > Appraisers. 
 
 NUMBER 45. 
 
 Form of Notice of Assessment of Damages. 
 [Section 1827.] 
 
 To county, Iowa: 
 
 You are hereby notified that appraisers were appointed to assess the dam- 
 ages which the owner would sustain by the appropriation for school pur- 
 poses, of the following described real estate, viz. : 
 
 and that said appraisers met at said premises on the .... day of , 
 
 188. . , and assessed said damages at dollars, as shown by their 
 
 report on file in my office. 
 
 Dated at , 
 
 ,188.. 
 
 County Superintendent. 
 
BLANK FORMS. 
 
 NUMBER 46. 
 
 Form of Affidavit of Appeal. 
 
 [Section 1830.J 
 
 STATE OF IOWA, 
 
 county. 
 
 v. 
 
 DISTRICT TOWNSHIP OF 
 
 I, , being duly sworn, on oath, say: that on 
 
 the day of , A. D. 188. ., the board of directors of 
 
 said district township rendered a decision (or made an order) whereby (here, 
 state facts showing affianVs interest in the decision, and the injury to that interest); 
 that said board in rendering the decision (or making the order) aforesaid, 
 committed errors as follows: (Here state the errors charged.) 
 
 Subscribed and sworn to by , before me, this 
 
 day of , A. D. 188 
 
 NUMBER 47. 
 
 Form for Notice of Appeal. 
 [Section 1832.] 
 
 STATE OF IOWA, 
 county. 
 
 v. 
 DISTRICT TOWNSHIP OF 
 
 To.. , 
 
 Secretary of the Board of Directors of the District lownship of. : 
 
 You are hereby notified that has filed in my office 
 
 an affidavit alleging that said board of directors, on the day of , 
 
 A. D. 388. ., made a decision (or an order) whereby (here describe the decision or 
 order so that the secretary may identify it), and claiming an appeal therefrom. 
 You are therefore required within ten days after receiving this notice, to 
 file in my office at , in said county, a complete 
 
140 BLANK FORMS. 
 
 transcript of the record of the proceedings of the beard relating to said 
 order, together with copies of all papers filed with you pertaining to said 
 action appealed from. 
 Dated at , 
 
 ., 188.. 
 
 County Superintendent. 
 
 NUMBER 48. 
 
 Form of Certificate to District Secretary's Iranscript. 
 [Section J832.J 
 
 I, , secretary of the board of directors of the 
 
 district township of , in the county of , 
 
 Iowa, hereby certify that the foregoing is a correct and complete transcript 
 of the record of all proceedings of the board and of all papers filed relating 
 to the case v 
 
 Dated at. , 
 
 .,188.. 
 
 Secretary. 
 
 NOTE. The secretary's transcript will contain: 
 
 1. A copy of all that portion of the records of the proceedings of the 
 meeting, relating to the action appealed from, with the date of the meeting. 
 
 2. A copy of each petition, remonstrance, plat, or other paper relating to 
 said action, submitted to the board; to which will be annexed the above 
 certificate. 
 
 NUMBER 49. 
 
 Form for Notice of Hearing of Appeal. 
 [Section 1833.] 
 
 STATE OF IOWA, 
 county. 
 
 v. 
 DISTRICT TOWNSHIP OF 
 
 To.... : 
 
 You are hereby notified that there is file in this office a transcript of the 
 
BLANK FORMS. 
 
 proceedings of the board of directors of the district township of 
 
 , at a meeting held on the day of , 
 
 188.., in relation to (here describe the decision or order appealed from), from 
 which appeal has been taken; and that the said appeal will be heard before 
 
 me at , in said county, on the day of 
 
 ,188.., at o'clock M. 
 
 Dated at , 
 
 ,188.. 
 
 I 
 
 
 County Superintendent. 
 
 NOTE. The appellant, the president and secretary of the board, and other 
 parties known to be interested, should receive a copy of this notice. 
 
 NUMBER 50. 
 
 Form of Certificate to County Superintendent's Transcript. 
 [Sections 1832, 1835.J 
 
 I, , superintendent of 
 
 county, Iowa, hereby certify that the foregoing is a correct and complete 
 transcript of the records of all proceedings had, evidence given, and papers 
 filed in my office, and my rulings thereon; also of my decision in the case 
 v * 
 
 Dated at , 
 
 ,, 188.. 
 
 County Superintendent. 
 
 NOTES, (a) The date of filing every paper should be indorsed thereon; 
 also in the case of motions, orders and rulings of the county superintendent. 
 All oral motions and evidence should be reduced to writing. 
 
 (6) The transcript of the county superintendent will consist of a literal 
 copy of every paper filed and all indorsements thereon, together with a copy 
 of all testimony given; the whole arranged in chronological order closing 
 with the decision of the county superintendent in full, with the above'cer- 
 tificate annexed. See notes (c) and (d) to section 1834. 
 
ERRATUM. 
 
 After section 8, to chapter 167, laws of 1882, as printed on page 
 95, add the following: 
 
 SEC. 9. The board of examiners shall keep a detailed and accurate 
 account of all moneys received and expended by]them, which, with a 
 list of the names of persons receiving certificates and diplomas, shall 
 be published by the superintendent of public instruction in his an- 
 nual report. 
 
INDEX. 
 
 SEC. PAGE. 
 
 ACCOUNT3- 
 
 District treasurer shall keep 1747 35 
 
 County superintendent should keep 1769 47 
 
 County auditor shall keep 1781 54 
 
 Secretary shall keep 1782 55 
 
 County treasurer shall keep 1784 55 
 
 APPARATUS- 
 
 Board of regents may purchase 1597 8 
 
 No debts shall be contracted to purchase 1729 26 
 
 Unappropriated contingent fund used to purchase 1729 26 
 
 APPEA.LS- 
 
 Who may take, and when taken 1829 77 
 
 Affidavit, basis of 1830 78 
 
 Affidavit shall set forth errors , 1831 78 
 
 County superintendent to notify secretary 1832 78 
 
 Secretary to send up transcript 1832 78 
 
 Interested parties to be notified 1833 79 
 
 Testimony heard and decision rendered 1834 79 
 
 To the superintendent of public instruction 1835 80 
 
 Judgment for money not to be rendered 1836 81 
 
 Postage paid by party taking appeal 1836 81 
 
 BARBED WIRE (Chap. 103, Laws of 1884) 
 
 Shall be removed from school grounds 1 96 
 
 Shall not be used enclosing school grounds 2 96 
 
 Penalty for failure or neglect to remove 3 96 
 
 BIBLE- 
 
 Shall not be excluded from any school t 1764 44 
 
 No pupil required to read, contrary to parent's wishes 1764 44 
 
 BLIND PERSONS 
 
 Of school age, reported to county superintendent annually . . 1745 34 
 
 Must be reported annually to Iowa college for blind 1775 50 
 
144 INDEX. 
 
 SBC. PAGE. 
 
 BOARD OF DIRECTORS- 
 
 Continue to act when district is divided 1715 13 
 
 Divide assets and liabilities 1715 13 
 
 Choose arbitrators in case of disagreement 1715 13 
 
 Call special meeting of electors, when 1717i 16 
 
 Consist of three subdirectors, when 1720 18 
 
 Consist of subdirectors of the several subdistricts 1721 19 
 
 Enter upon duties at regular meeting in March 1721 19 
 
 Organize by electing president from own number 1721 19 
 
 President simply entitled to vote as a member 1721 19 
 
 Elect secretary and treasurer at September meeting 1721 19 
 
 Secretary and treasurer chosen outside the board, when 1721 19 
 
 Secretary and treasurer have no vote, when 1721 19 
 
 Hold regular meetings in March and September 1722 20 
 
 Hold special meetings on call of president or request of board 1722 20 
 
 Hold meetings at any place in civil township 1722 20 
 
 Shall make contracts to execute vote of district 1723 20 
 
 Must consult superintendent before erecting school-house. . . 1723 20 
 
 Proposals and contracts must be advertised for, when 1723 20 
 
 Require bond for performance of contract 1723 20 
 
 Choose site for school- house 1724 22 
 
 Determine number of schools, and duration 1724 22 
 
 Determine where pupils shall attend school 1725 23 
 
 Divide districts into subdistricts when necessary 1725 23 
 
 Create no district for less than fifteen pupils of school age. . . 1725 23 
 
 May rent room and employ teacher for ten pupils 1725 23 
 
 May establish graded schools 1726 24 
 
 May select superintendent of schools of district 1726 24 
 
 One or more schools must be taught in each subdistrict .... 1727 25 
 
 Required to provide a school in each subdistrict 1727 25 
 
 Must provide for one or more schools, for at least six months 1727 25 
 
 Released from obligation by counrj superintendent 1727 25 
 
 .Not to change text-books oftener than once in three years. . . 17ii8 26 
 
 Electors may authorize board to change text-books 1728 26 
 
 May use unappropriated contingent fund to buy apparatus. . 1729 26 
 
 Shall contract no debts for apparatus 1780 26 
 
 May appoint temporary president and secretary 1730 26 
 
 Fill vacancy in the board or its officers 1730 26 
 
 Require secretary and treasurer to give bond 1731 27 
 
 Bonds to be filed with the president 1731 27 
 
 Examine accounts of treasurer and settle with him 1732 27 
 
 Present statement to diitrict township meeting 1732 27 
 
 Audit and allow just claims 1733 28 
 
 Fix compensation of secretary and treasurer 1733 28 
 
 Draw no order until claim is audited and allowed 1733 28 
 
 Visit schools of their district, and aid teachers 1733 28 
 
INDEX. 145 
 
 SEP. PAGE. 
 
 BOARD OF DIRECTORS CONTINUED 
 
 Assist in enforcing rules and regulations 1734 28 
 
 Discharge teacher after investigation 1734 28 
 
 May dismiss or suspend pupils... 1735 28 
 
 May re-admit pupils after suspension 1735" - 29 
 
 Require secretary to certify election of school officers 173H 30 
 
 Make rules to govern subdirectors \TM 30 
 
 Majority of board a quorum 17.^7 30 
 
 Certify no tax after third Monday in May 1738 31 
 
 Majority vote required to change boundaries of subdistricts. 1738 31 
 
 Members, except secretary and treasurer, receive no pay 1738 31 
 
 President of board, duties of 1 739 31 
 
 President shall act as counsel in suits 1740 32 
 
 Secretary shall act as counsel in suits, when 1740 32 
 
 Counsel may be employed by board 1740 32 
 
 Proceedings of, to be recoi ded by secretary 1741 32 
 
 Secretary of board give notice of district township meeting. . 1742 33 
 
 Secretary of board shall keep accurate accounts 1743 33 
 
 Audit accounts presented by secretary 1743 33 
 
 Secretary to notify superintendent when schools begin 1744 34 
 
 Secretary must report to superintendent annually 1745 34 
 
 Secretary's report, what it shall consist of 1745 34 
 
 Penalty for failure to file report 1746 35 
 
 Treasurer of, shall hold all moneys belonging to district 1747 35 
 
 Pay funds on order of president, countersigned by secretary. 1747 35 
 
 Keep account of moneys received and paid out 1747 35 
 
 Keep separate account with each fund. 1748 36 
 
 Pay no order which does not specify fund and object 1748 36 
 
 Make partial payments on orders 1748 36 
 
 Receive money apportioned to district 1749 36 
 
 Receive district school tax. 1749 36 
 
 Register orders on district treasurer 1750 37 
 
 May require statement from treasurer 1751 37 
 
 Limit subdirector in making contracts 1753 38 
 
 Responsible for township on contracts 1753 38 
 
 Must have languages taught, when 1763 44 
 
 County superintendent not to be a member of 1765 45 
 
 Estimate amount of teachers' and contingent funds 1777 51 
 
 Apportion school-house tax 1778 52 
 
 Satisfy judgment with order 1787 56 
 
 Must qualify on or before third Monday in March 1790 57 
 
 Have no jurisdiction over independent districts 1792 58 
 
 May admit pupils from adjoining districts 1793 58 
 
 May, with consent of county superintendent, admit pupils . . 1793 58 
 
 Notify board of adjoining district, when 1793 58 
 
 Fix terms of tuition, when 1794 60 
 
 19 
 
146 INDEX. 
 
 SEC. PAGE. 
 
 BOARD OF DIRECTORS-CONTINUED 
 
 Divide district into subdistricts, and change boundaries 1796 60 
 
 Cause description of subdistricts to be recorded 1696 60 
 
 May consent to attach territory to adjoining township 1797 61 
 
 May restore territory 1798 62 
 
 Must restore territory, when 1798 62 
 
 Establish boundaries of contemplated independent district. . 1801 63 
 
 Give notice of election of directors 1802 64 
 
 May concur in change of boundaries 1809 67 
 
 Submit question of consolidated organization 1814 70 
 
 Make settlement under sections 1814-1819 1820 73 
 
 Shall deposit amount of appraisement 1827 76 
 
 Shall pay costs of appraisement 1827 76 
 
 Provide for payment of bonds (Chap. 132, Laws of 1878) 2 85 
 
 Shall cause trees to be set out (Chap. 23, Laws of 1882) 1 92 
 
 May insure property (Chap. 149, Laws of 1882) 1 93 
 
 Must have effects of stimulants taught (Chap. 1, Laws of 1886) 2 97 
 
 May change boundaries, when (Chap* 62, Laws of 1888) 1 100 
 
 BOARD OF REGENTS 
 
 Governor president of 1587 8 
 
 Superintendent of public instruction member of 1587 8 
 
 One member from each congressional district 1587 8 
 
 Departments determined by 1589 8 
 
 May confer degrees 1589 8 
 
 Make laws to govern university 1596 8 
 
 Appoint president and professors 1596 8 
 
 Fix salaries and tuition fees 1596 8 
 
 Remove officer when required 1596 8 
 
 Purchase library, apparatus, etc 1597 8 
 
 Report to superintendent of public instruction 1601 9 
 
 Report of, what it shall contain 1601 9 
 
 BONDS 
 
 R( quired for performance of contract 1723 20 
 
 Secretary and treasurer to give 1731 27 
 
 Filed with president 1731 27 
 
 Independent district may issue, for erection of school-house. 1821 73 
 
 Rate of interest on. 1821 73 
 
 Electors to vote on question of issue 1822 74 
 
 Denomination and time 1822 74 
 
 Treasurer to negotiate at par 1822 74 
 
 Principal and interest, how paid 1823 74 
 
 Trustees of county high school must give 1699 9 
 
 Treasurer^of county high school give additional 1704 11 
 
 Treasurer'of normal school must give (Chap. 129, Laws 1876). 4 83 
 
 Trustees may require of other officers (Chap. 129, Laws 1876). 4 83 
 
INDEX. 
 
 SEC. PAGE. 
 
 BON DS CONTINUED 
 
 Any district Issue for indebtedness (Chap. 132, Laws of Ih78) 
 Form of, and other requirements (Chap 132, Laws of 1878) . . 
 Any district issue for indebtedness (Chap Sl^Lawsof 1880) 
 
 Form of, and other requirements (Chap. 51, Laws of 1880). . . 1 90 
 
 Board of independent district refund (Chap. 132, Laws of 1880) 
 
 Rate of interest and other conditions (Chap 132, Laws of 1880) 
 
 85 
 85 
 90 
 
 91 
 91 
 
 Treasurer to sell (Chap. 132, Laws of 1880) 2 91 
 
 Time to run (Chap. 132, Laws of 1880) 3 91 
 
 Form and other requirements (Chap. 132, Laws of 1880) 4 91 
 
 Provisions for paynent (Chap. 132, Laws of 1880) 6 91 
 
 BOUNDARIES 
 
 Of subdistricts may be changed 1796 60 
 
 Plat filed with county officers 1796 60 
 
 Of independent district may be changed 1809 67 
 
 Of independent districts, changed 1814 70 
 
 Of independent districts, changed (Chap 133, Laws of 1878. . ) 1 86 
 
 Of independent districts, changed (Chap. 62, Laws of 1888) . . 1 100 
 
 BOARD OF SUPERVISORS 
 
 May submit question of establishing county high school 1698 9 
 
 Appoint trustees of county high school 1699 9 
 
 Fill vacancies in trustees of county high school 1711 12 
 
 Allow compensation of trustees 1712 12 
 
 Pay tuition of children in poor-house (Chap. 166, Laws of 1878) 1 88 
 
 Levy tax to pay bonds, when (Chap. 132, Laws of 1880) 6 91 
 
 County superintendent not to be a member of 1765 45 
 
 Provide place for examination of teachers 1766 45 
 
 May appropriate sum for normal institute 1760 47 
 
 May grant county superintendent additional compensation.. 1776 51 
 
 Levy taxes for school funds 1777 51 
 
 Levy tax on subdistrict, when ... 1778 52 
 
 Levy county tax of from one to three mills 1779 53 
 
 Limits of taxes for school purposes 1780 54 
 
 Levy tax to pay money borrowed from school fund 1788 57 
 
 Shall not divide school district, when 1799 62 
 
 Levy tax for independent district j ust organized 1804 65 
 
 COMPENSATION- 
 
 Of secretary and treasurer 1733 28 
 
 Members of board may not have 1738 31 
 
 Of teachers 1757 41 
 
 Of county superintendent 1776 51 
 
 Of appraisers of site . . 1827 76 
 
INDEX. 
 
 SEC. PAGE. 
 
 CONTRACTS 
 
 Board to make, to execute vote of district ... . . . , 1723 20 
 
 Subdirector to make, under rules and restrictions 1753 33 
 
 When made by subdirector, must be approved by president. . 1753 38 
 
 Teachers', must be in writing 1757 41 
 
 Secretary or subdirector and teacher to sign ]757 41 
 
 Approved by and filed with the president 1757 41 
 
 Copy also filed with secretary 1757 41 
 
 COUNTY AUDITOR 
 
 Superintendent to file statement with, of time employed 1776 61 
 
 Make semi-annual apportionment 1781 54 
 
 Notify presidents of apportionment; issue warrants for same 1782 55 
 
 Certify election and qualification of superintendent 17S3 55 
 
 Forward certificate to auditor of state 1783 55 
 
 Deduct cost of tuition from semi-annual apportionment, when 1793 58 
 
 Record plat of districts 1796 60 
 
 COUNTY HIGH SCHOOLS- 
 
 Object of establishing 1697 9 
 
 County, with a population of 2,000 may establish 1697 8 
 
 Board of supervisors shall submit question of establishing. . 1698 9 
 
 Votes for or against, how canvassed 1699 9 
 
 Board of supervisors appoint trustees 1^99 9 
 
 Bond and oath of trustees 1699 9 
 
 County superintendent, member of board 1699 9 
 
 When and how trustees are elected 1700 10 
 
 Terms of office of trustees 1700 10 
 
 County superintendent president of board 1701 10 
 
 Secretary and treasurer appointed from board 1701 10 
 
 Trustees shall make estimate of funds needed 1702 10 
 
 Trustees shall present estimate to board of supervisors . 1702 10 
 
 Tax not to exceed two mills and five mills 1702 10 
 
 Tax for, how levied and collected 1703 10 
 
 Tax to be paid to treasurer of county high schoo 1 1703 10 
 
 Treasurer to give additional bond 1704 10 
 
 Duties of treasurer 1704 10 
 
 Secretary and treasurer to keep accurate account 1704 10 
 
 Statement to be made, when 1704 11 
 
 Board to select site for high school 1705 11 
 
 Site to be without expense to county 1705 1 1 
 
 Board to make purchases, contracts, etc 1705 11 
 
 Board to employ teachers , . . 1706 11 
 
 Board to provide for payment of salaries 1706 11 
 
 Model schools to be encouraged 1706 11 
 
 Tuition free to residents of county , 1707 J 1 
 
 Apportionment of pupils . 1707 11 
 
 Pupils from other counties may be admitted 1707 11 
 
INDEX. 
 
 SEC. PAGE. 
 
 COUNTY HIGH SCHOOLS CONTINUED 
 
 Refractory pupils may be expelled 1709 12 
 
 Rules and regulations for, how made 1709 12 
 
 Trustees to make annual report to board of supervisors 1710 12 
 
 Copy of report sent to superintendent of public instruction. . 1710 12 
 
 Board of supervisors may fill vacancies 1711 12 
 
 Compensation of members of board of trustees 1712 12 
 
 COUNTY SUPERINTENDENT 
 
 Recommend plans for school-houses 1723 20 
 
 May release boards from obligation to have schools taught . . 1727 25 
 
 May require teacher to record matters designated 1734 28 
 
 Notified when school begins 1744 34 
 
 Receive annual report from secretary 1745 34 
 
 Receive annual report from treasurer 1751 37 
 
 Grant certificate to teach foreign languages ] 763 44 
 
 Not to be a member or officer of board of directors. 1765 45 
 
 Not to be a member or officer of board of supervisors 1765 45 
 
 Examine teachers last Saturday of each month 1766 45 
 
 Branches in which examination is made, specified 1766 45 
 
 May have assistant examiners 1766 45 
 
 May give certificate for special branches 1766 45 
 
 Must give certificate if examination is satisfactory 1767 46 
 
 Examinations must be public 1768 46 
 
 Keep record of examinations 1768 46 
 
 Hold normal institute annually 1769 47 
 
 With concurrence of state superintendent procure assistance 1769 47 
 
 Require registration fee 1769 47 
 
 Require fee from every applicant for certificate 1769 47 
 
 Transmit moneys to county treasurer 1769 47 
 
 Make report to county treasurer 1769 47 
 
 Issue orders upon institute fund 1769 47 
 
 May appoint deputy, who cannot visit schools or try appeals. 1770 48 
 
 May revoke certificate of teacher 1771 48 
 
 Oive personal notice of investigation 1771 48 
 
 Make annual report to superintendent of public instruction. 1772 49 
 
 Pile statement of number of youth with county auditor 1772 49 
 
 Penalty for failure to file report 1772 49 
 
 Conform to instructions of superintendent public instruction 1774 49 
 
 Visit schools on request of board of directors 1774 49 
 
 Report the blind, and deaf and dumb 1775 50 
 
 Compensation of 1776 51 
 
 File statement of time employed 1776 51 
 
 Attach territory to another township, when 1797 61 
 
 Appoint appraisers and give notice to owner of land 1827 76 
 
 Notify secretary to file transcript 1832 78 
 
 Notify interested parties 1833 79 
 
150 INDEX. 
 
 SEC. PAGE. 
 
 COUNTY SUPERINTENDENT CONTINUED 
 
 Hear testimony ana decide appeal 3834 79 
 
 Make provisions for institutes 1584 7 
 
 Member of board of trustees county high school 1699 9 
 
 President board of trustees county high school 1701 10 
 
 Sex not a bar to the office (Chap. 136, Laws of 1876) 1 85 
 
 COUNTY TREASURER 
 
 Disburse institute fund on order of superintendent 1769 47 
 
 Pay over all collected taxes on first Monday in April 1784 55 
 
 Keep separate account with independent districts ... 1784 55 
 
 Render statement of uncollected taxes 1784 55 
 
 Pay over taxes quarterly 1784 55 
 
 Keep school-house taxes separate from subdistrict, when 1784 55 
 
 Pay taxes collected, to independent districts monthly 1784 55 
 
 Notify presidents quarterly, of tax collected for each fund . 1785 56 
 
 Pay taxes to district treasurers on warrants ' . . 1785 56 
 
 Pay treasurer of county high school taxes collected 1703 10 
 
 COUNSEL 
 
 When president of board of directors may appear as 1740 32 
 
 When president interested, secretary acts as 1740 32 
 
 When board of directors shall employ 1740 32 
 
 DEAF AND DUMB PERSONS 
 
 Of school age reported to county superintendent annually... 1745 34 
 
 Must be reported annually to Iowa institution 1775 50 
 
 DECISION- 
 
 Of board may be appealed from 1829 77 
 
 Of county superintendent final unless appealed from 1834 79 
 
 Of superintendent of public instruction final 1835 80 
 
 DISTRICT TOWNSHIPS- 
 
 Each civil township a school district 1713 13 
 
 When left without officers, how supplied 1714 13 
 
 When divided, board act until next election 17.5 13 
 
 Respective boards divide assets J 715 13 
 
 Arbitrators chosen in case of disagreement 1715 13 
 
 Division of assets when independent districts are formed 17 1 5 13 
 
 Corporate name 1716 14 
 
 Hold annual meeting ' 1717 15 
 
 Dispose of property, authorize additional branches 1717 15 
 
 Obtain highways 1717 15 
 
 Transfer of school house fund 1717 15 
 
 Hold special meeting when necessary 1717| 16 
 
 Suit to be brought in name of 1731 27 
 
 Claims against, audited by board 1733 28 
 
 Bring suit if secretary fails to make annual report 1716 35 
 
 Bring suit if treasurer fails to make annual leport 1751 37 
 
INDEX. 151 
 
 SEC. PAGE. 
 
 DISTRICT TOWNSHIPS-CONTINUED- 
 
 Liable for tuition in certain cases 1 793 58 
 
 MLJ be consolidated and organized as independent districts. 1814 70 
 
 May be formed from independent districts ... 1815 71 
 
 DISTRICT TOWNSHIPMEETING- 
 
 Held atanually on the second Monday in March 1717 15 
 
 May appoint chairman and secretary 1717 15 
 
 Direct sale of district property 1717 15 
 
 Determine additional branches 1717 15 
 
 Delegate foregoing powers 1717 15 
 
 Vote tax for school-houses, sites, and libraries 1717 15 
 
 Transfer surplus school-house funds 1717 15 
 
 Vote of, executed by board 1723 20 
 
 May authorize board to change text-books 1728 26 
 
 Statement to be presented at, by board 1732 27 
 
 Five notices, stating hour, posted by secretary 1742 33 
 
 Copy of notice furnished to teachers 1742 33 
 
 May vote concerning control of school-house 1753 38 
 
 May vote that foreign languages be taught 1763 44 
 
 Vote tax to pay judgment and other liabilities 1787 66 
 
 Not to organize before 9 A. M. nor adjourn before 12 M 1789 57 
 
 EDUCATIONAL JOURNAL 
 
 State superintendent may subscribe for 1581 6 
 
 ELECTION- 
 
 Special for directors 1714 13 
 
 For subdirectors 1718 17 
 
 To form new city or town district 1801 63 
 
 For directors ' 1808 67 
 
 To form new districts 1811 68 
 
 For voting bonds 1822 74 
 
 For establishing county high school 1698 9 
 
 Of trustees for county high school 1700 10 
 
 EXAMINERS,-STATE BOARD OF (Chap. 167, Laws of 1882). 
 
 Of whom it shall consist 1 94 
 
 When and where meet 2 94 
 
 Rules and records 2 94 
 
 Power of board 3 94 
 
 Branches to examine candidates upon ' 4 94 
 
 Certificate five years, diploma for life 5 95 
 
 Certificate or diploma may be revoked 6 95 
 
 Certificate or diploma must be registered 7 95 
 
 Compensation of members of board 8 95 
 
 Shall keep and publish accurate account annually 9 95 
 
 FEE 
 
 Paid by every one attending institute 1769 47 
 
 Paid by every applicant for certificate ] 769 47 
 
152 INDEX. 
 
 SEC. PAGE. 
 
 FINES AND PENALTIES 
 
 Of district secretary, for failure to report 1746 35 
 
 Of district treasurer for failure to report 1751 37 
 
 Of county superintendent , for failure to report 1773 49 
 
 To whom they shall inure 17fc6 56 
 
 Suit brought in name of district, when 1786 56 
 
 Suit brought in name of county, when 1786 56 
 
 Suit brought by county attorney, when 1786 56 
 
 Added to fund next used 1786 56 
 
 For misapplication of money 1791 58 
 
 Of directors, for failure to make statement 1813 70 
 
 FORMS See Index to Forms. 
 
 FUNDS- 
 
 School-house, contingent, and teachers', defined 1748 36 
 
 Separate account with each, to be kept by treasurer . 1718 36 
 
 Fund and object must be specified in order 1748 36 
 
 Teachers', and contingent, amount for, estimated by board. . 1777 51 
 
 Amount levied for school- house fund not to exceed ten mills 1780 54 
 
 Amount for contingent fund, not to exceed $5 per scholar. . . 1780 54 
 
 Amount of teachers' fund, not to exceed $15 per scholar 1780 54 
 
 $75 may be levied for contingent fund, for each subdistrict. . 1780 54 
 
 $270 may be levied for teachers' fund, for each subdistrict. . . 1780 54 
 
 Permanent, interest on, apportioned 1781 54 
 
 Secretary to keep separate account with each 1782 55 
 
 GENERAL PROVISIONS- 
 
 School month defined 1761 43 
 
 Electors may vote that foreign languages be taught 1763 44 
 
 Schools must be taught in English 1763 44 
 
 Bible not to be excluded from schools 1764 44 
 
 Pupils not required to read Bible contrary to wish of parents 1764 44 
 
 HIGHWAYS 
 
 May be ordered by the electors 1717 15 
 
 INDEPENDENT DISTRICTS 
 
 Left without officers, trustees call election 1714 13 
 
 Assets and liabilities divided when boundaries are changed. . 1715 13 
 
 Corporate name of 1716 14 
 
 Majority of board, and president may dismiss pupils 1735 29 
 
 Tax for, county treasurer to pay over monthly 1784 55 
 
 Polls remain open from 12 M. to 7 p. M. , when 1789 57 
 
 Polls to remain open from 9 A. M. to 4 p. M , when 1789 57 
 
 City, town or village of over 200 inhabitants may organize. . . 1800 63 
 
 Directors of district township to establish boundaries 1801 63 
 
 Electors to vote for or against separate organization 1801 63 
 
 Term of office of directors determined by lot 1802 64 
 
 Board to elect president 1802 64 
 
INDEX. 153 
 
 SEC. PAGE. 
 
 INDEPENDENT DISTRICTS CONTINUED- 
 
 Board to elect secretary and treasurer in September . . 1802 64 
 
 Board to consist of three members when 1802 64 
 
 Treasurer of board may not be member 1802 64 
 
 President and secretary, judges at first election 1803- -65 
 
 Organization must be complete before August 1st 1804 65 
 
 Taxes levied by district township to be void, when 1804 65 
 
 Board to levy taxes, when 1804 65 
 
 When formed from two or more townships, who give notice. 1805 66 
 
 Governed by laws for district townships, when applicable. . . U06 66 
 
 Electors may vote tax for erection of school houses, etc 1807 66 
 
 Annual meeting of 1808 67 
 
 Election of officers 1808 67 
 
 Who are judges of election 1808 67 
 
 Boundaries between, and district township, changed how. . . . 1809 67 
 
 Abandoned, with concurrence of boards 18U9 67 
 
 Board to set off territory when 1810 68 
 
 May consolidate 1811 68 
 
 May be formed from adjoining counties 1811 68 
 
 Territory incorporated town part of (Chip. 118, Laws 1882). 1 93 
 
 Boundaries changed, boards settle (Chap. 118, Laws 1882) . . 1 93 
 
 School in two counties formed into independent district . . . 1812 69 
 
 Board make statement of receipts and disbursements 1813 70 
 
 Board publish statement, when ....'... 1813 70 
 
 Board post statement, when 1813 70 
 
 Board liable to penalty for failure to make statement 1813 70 
 
 District township may become independent 1814 70 
 
 Independent districts may be constituted district township. . 1815 71 
 
 Election to be called 1816 71 
 
 Independent districts become subdistricts 1817 72 
 
 Elect subdirictors on first Monday in March 1818 72 
 
 Governed by laws for district townships 1819 72 
 
 New board to make settlement of assets and liabilities 1820 73 
 
 May borrow money by issuing bonds 1821 73 
 
 Board to submit question of issuing bonds to electors 1822 74 
 
 Board to issue bonds in accordance with vote of electors 1822 74 
 
 Bonds signed by president and attested by secretary 1822 74 
 
 Denomination and time of bonds 1822 74 
 
 Board vote tax to pay bonds if electors neglect 1823 74 
 
 Orders draw legal interest after presentation 1824 75 
 
 Board may provide for industrial expositions (Chap. 64, 1874) 1 82 
 
 May bond to fund indebtedness (Chap. 132, Laws of 1878). . . I 85 
 
 May subdivide, or have territory detached (Chap. 133, 1878). . 1 86 
 
154 INDEX. 
 
 SEC. PAGE 
 
 INDEPENDENT DISTRICTS-CONTINUED 
 
 Of 15,000, have separate polling places (Chap. 8, Laws of 1880) 1 88 
 
 Questions submitted decided by ballot (Chap 8, Laws of 1880) 2 88 
 
 Register of electors shall be prepared 3 89 
 
 Notice of election, how given (Chap 8, Laws of 1880) 4 89 
 
 Board of, issue bonds to fund indebtedness (Chap. 132, 1880). 1 91 
 
 Levy of tax for payment of bonds (Chap. 132, Laws of 1880). . 6 91 
 
 May be formed, when (Chap. 62, Laws of 1888) 1 100 
 
 INDUSTRIAL EXPOSITIONS-(Chap. 64, Laws of 1874) 
 
 Board provide for, in each school, if deemed expedient l 82 
 
 Consist of what 2 82 
 
 Pupils to explain mode of manufacture or culture 3 82 
 
 Parents and friends may attend 4 82 
 
 Ornamental work encouraged 5 82 
 
 When and where held 6 82 
 
 INSURANCE- 
 
 All districts may effect (Chap. 149, Laws of 1882) 1 93 
 
 N o debts shall be contracted for (Chap. 149, Laws of 18S2) .. 1 93 
 
 JUDGMENT- 
 
 Against district, how paid 17b7 56 
 
 Bonds issued to pay indebtedness (Chap. 132, Laws of 1878). . 1 85 
 
 Bonds issued to refund indebtedness (Chap. 51, Laws of 1880) 1 90 
 
 Bonds issued to fund indebtedness (Chap. 132, Laws of 1880). 1 91 
 
 LANGUAGE 
 
 German, or other foreign, when shall be taught 1763 44 
 
 Teacher of foreign must have certificate 1763 44 
 
 Schools must be taught in English 1763 44 
 
 LAWS- 
 
 Relative to schools to be furnished 1579 5 
 
 LIABILITIES- 
 
 Boards to make division of 1715 13 
 
 LIBRARY- 
 
 Electors may vote to purchase 1717 16 
 
 Electors may vote to buy library and apparatus 1807 66 
 
 Number books in, reported 1583 6 
 
 M IPS- 
 May be purchased by board 1729 26 
 
INDEX. 16g 
 
 SEC. PAGE. 
 
 MISCELLANEOUS 
 
 Fines and penalties, disposition of 1786 56 
 
 Judgment, how satisfied 1787 56 
 
 District township meeting vote tax to pay judgment 1787 56 
 
 Money borrowed from school fund, how paid 1785- _ 57 
 
 Meeting not to organize before 9 A. M. nor adjourn before 12 M. 1789 67 
 
 Polls remain open from 9 A. M. to 4 p. M. , wken 1789 57 
 
 Polls remain open from 12 M. to 7 P. M. , when 1789 57 
 
 Director, or director elect may administer official oath 1790 57 
 
 Penalty for misapplication of money 1791 58 
 
 Township board no control over independent districts 1792 58 
 
 Children may attend school in adjoining districts, when 1793 58 
 
 Board to fix terms of attendance, when 1794 60 
 
 Pupils may attend school in another subdistrict 1795 60 
 
 Board may divide district township into subdistricts . , 1796 60 
 
 Plat showing changes in boundaries must be filed 1796 60 
 
 Subdistrict boundaries conform to congressional lines 1796 60 
 
 Changes in boundaries take effect, when 1796 60 
 
 Superintendent may attach territory to another township. . . 1797 61 
 
 Territory may be restored, how 1798 62 
 
 Sehool district not to be divided, when 1799 62 
 
 MONTH- 
 
 Of what school month consists 1761 43 
 
 NAME- 
 
 Of school district 1716 14 
 
 Shall be given (Chap. 133, Laws of 1878) 4 86 
 
 May be changed (Chap 133, Laws of 1878) 4 86 
 
 NORMAL SCHOOL See State Noimal School 
 
 ORDERS- 
 
 When drawn 1733 28 
 
 How drawn 1739 31 
 
 Partial payment on 1748 38 
 
 May draw interest, when 1824 75 
 
 PENALTIES See Fines and Penalties. 
 
 PRESIDENT- 
 
 Chosen from the subdirectors 1721 19 
 
 Call special meetings of board 1722 20 
 
 Temporary, may be appointed 1730 26 
 
 Vacancy in office of, filled by board 1730 26 
 
 To file bonds of secretary and treasurer 1731 27 
 
 Bring suit on bond of secretary and tr* usurer, when 1731 27 
 
 Concur with majority in expelling pup Is 1735 29 
 
 Preside at meetings of board and of district township 1739 31 
 
 Draw drafts on county treasurer 1739 31 
 
156 INDEX. 
 
 SBC. PAGE. 
 
 PBES [DENT CONTINUED 
 
 Sign orders on district treasurer 1739 31 
 
 Sign all contracts made by board 1739 31 
 
 Appear for district in suits. 1740 32 
 
 Secretary appear, when 1740 32 
 
 Counsel maybe employed 1740 32 
 
 Approve contracts of subdirectors 1753 38 
 
 Concur with subdirector in dismissing pupil . . 1756 40 
 
 Approve and file teachers' contracts 1757 41 
 
 Sign warrant for semi-annual apportionment 1782 55 
 
 Certify to account for tuition filed with auditor 1793 58 
 
 Sign district bonds 1822 74 
 
 PUPILS- 
 
 Attend school where, determined by board 1725 23 
 
 Fifteen, required for creation of subdistrict 1725 23 
 
 Teacher may be employed to teach ten 1725 23 
 
 Legalageof 1727 2 
 
 Enumerated by subdirector 1755 40 
 
 Dismissed by subdirector and president 1756 40 
 
 May be re- admitted 1756 40 
 
 Register of attendance, when kept separate. . . 1759 42 
 
 Not required to read Bible contrary to wish of parent 1764 44 
 
 Attend school in an adjoining district, when 1793 58 
 
 Temporarily sojourning, may attend school, on what terms. . 1794 60 
 
 Board to fix terms of attendance, when 1794 60 
 
 May attend school in another subdistrict 1795 60 
 
 RECORDS 
 
 Secretary to keep 1741 32 
 
 REGISTER- 
 
 Teacher to keep 1759 42 
 
 REGULATIONS- 
 
 For control of school and teachers 1726 24 
 
 For government of subdirectors 1737 30 
 
 REPORTS- 
 
 Copies of to be preserved by secretary. 1741 32 
 
 Secretary to make annually 1745 34 
 
 Treasurer to make annually 1751 37 
 
 Subdirector to make to secretary 1755 40 
 
 Made to state superintendent by county superintendent 1772 49 
 
 Of blind, and deaf and dumb, by county superintendent 1775 50 
 
 Of interest on permanent school fund 1783 55 
 
 ROADS See Highways. 
 
 r frv, -.-* 
 
 SALE OF PROfERTY 
 
 May be directed by electors of district township . , 1717 15 
 
 May be directed by electors of independent districts 1807 66 
 
INDEX. 
 
 SEC. PAGE. 
 
 SCHOLARS See Pupils. 
 
 SCHOOL LAWS 
 
 To be furnished school officers 1579 5 
 
 To be given to successor 1791 58 
 
 SCHOOL MONTH 
 
 Consists of what 176? ~ 43 
 
 SCHOOLS 
 
 Number of, determined by board 1724 22 
 
 Duration of, beyond legal period 1724 22 
 
 Graded, may be established 1726 24 
 
 One or more taught in each subdistrict 1727 25 
 
 Durationof 1727 25 
 
 Superintendent may allow board to reduce the time 1727 25 
 
 Visited by board of directors 1734 28 
 
 Pupils may be expelled from 1735 29 
 
 Subdirector shall visit twice during each term 1756 40 
 
 Teacher of, must have certificate , 1758 42 
 
 School month defined 1761 43 
 
 Bible not to be excluded from 1764 44 
 
 Visited by county superintendent 1774 49 
 
 May be attended by pupils from adjoining district, when. . . . 1793 58 
 
 SCHOOL DISTRICTS 
 
 Each civil township declared a school district 1713 13 
 
 When without officers, how supplied 1714 13 
 
 If divided, board of directors act until next election 1715 13 
 
 Assets and liabilities to be equitably divided 1715 13 
 
 Disagreements to be settled by arbitrators 1715 13 
 
 Assets divided when independent district is formed 1715 13 
 
 Every school district is a body corporate 1716 14 
 
 When school-house is destroyed, what to do 1717i 16 
 
 SCHOOL-HOUSES- 
 
 Plans for, recommended by county superintendent 1723 20 
 
 Built or repaired by contract if cost exceed $300 1723 20 
 
 Proposals to build, invited by advertisement 1723 20 
 
 Contracts let to the lowest responsible bidder 1723 20 
 
 Site of, fixed by board 1724 22 
 
 Contracts for repairs made by subdirector 1753 38 
 
 Under control of subdirector unless otherwise ordered 1753 38 
 
 SCHOOL-HOUSE SITES- 
 
 Lawful for district to take 1825 75 
 
 Not to exceed one acre without consent of owner 1825 75 
 
 Must be on highway 1826 75 
 
 Not within forty rods of residence, if owner objects 1826 75 
 
 County superintendent to appoint appraisers 1827 76 
 
 County superintendent to give notice to owner 1827 76 
 
 Appraisers to assess damages and make report 1827 76 
 
158 
 
 SEC. PAGB. 
 
 SCHOOL-HOUSE SITES-CONTINUED 
 
 Board to deposit money with the county treasurer. . . ... 1827 76 
 
 Either party may appeal to district court 1827 76 
 
 Title acquired for school purposes only 1828 77 
 
 Growing timber shall not be injured or removed . 1828 77 
 
 SCHOOL ORDERS- 
 
 Not drawn until claim is audited 1733 28 
 
 Signed by the president 1739 31 
 
 Fund and object must be specified in 1739 31 
 
 Secretary to countersign and register 1741 32 
 
 Transcript of, must be furnished to treasurer 1741 32 
 
 Mast specify fund and purpose 1748 36 
 
 Treasurer to register 1760 37 
 
 Given to satisfy j udgment 1787 66 
 
 Draw lawful interest after presentation 1824 75 
 
 SECRETARIES 
 
 Give notice of subdistrict election, when 1718 17 
 
 Draw for absent member in case of a tie 1719 17 
 
 Elected on third Monday in September 1721 19 
 
 Qualify and enter on duty within ten days 1721 19 
 
 Chosen from township at large, when 1721 19 
 
 Have no vote unless member of board 1721 19 
 
 Temporary, may be appointed 1730 26 
 
 Vacancy in office of, filled by board 1730 26 
 
 Give bond 1731 27 
 
 Compensation of, fixed by board 1733 28 
 
 Report names of school officers to county officers 1736 30 
 
 Appear in suits, when 1740 32 
 
 Record all proceedings of board 1741 32 
 
 Preserve copies of all reports 1741 32 
 
 File all official papers ,... 1741 32 
 
 Countersign and register drafts and orders 1741 32 
 
 Furnish district treasurer with transcript of orders 1741 32 
 
 Post five notices of district township meeting 1742 33 
 
 Notices to state hour of meeting 1742 33 
 
 Present accounts to board to be audited 1743 33 
 
 Notify superintendent when each school begins 1744 34 
 
 Make annual report to county superintendent 1745 34 
 
 Penalty for failure of, to report ., 1746 35 
 
 Certify amounts for school funds 1777 51 
 
 Countersign warrants for semi-annual apportionment 1782 55 
 
 Debit and credit treasurer 1782 65 
 
 File account of tuition, when 1793 58 
 
 Deliver plat to county treasurer and auditor 1796 60 
 
 Record order of county superintendent and correct plat, when 1797 61 
 
INDEX lg g 
 
 SEC. PAGE. 
 
 SECRE PARIES-CONTINUED 
 
 Chosen outside the board, when 1802 64 
 
 Act as judge of annual election 1808 67 
 
 Draw for absent member, in case of tie vote 1808 67 
 
 Post notices of election 1811. 68 
 
 Send up transcript 1832 78 
 
 SEX-(Chap. 136, Laws of 1876.) 
 
 Not a test of eligibility to school offices 1 85 
 
 No person deprived of school office by reason of sex , 2 85 
 
 STATE NORMAL SCHOOL-(Chap. 129, Laws of 1876.) 
 
 Object and location 1 83 
 
 Controlled by board of directors 2 83 
 
 Vacancy in board filled by governor 2 83 
 
 Officers of the board, and compensation 3 83 
 
 Officers to give bond 4 84 
 
 Teachers employed by board 5 84 
 
 Property and funds controlled by board 5 84 
 
 Rules for management of school made 5 84 
 
 Provide for admission of teachers 5 84 
 
 Arrange for board of teachers 5 84 
 
 Require fee for contingent expenses 5 Si 
 
 Session must continue twenty- six weeks 5 84 
 
 Board may charge tuition fee 5 84 
 
 Report made each year 9 142 
 
 STATE UNIVERSITY 
 
 Object and location of 1585 7 
 
 Course of study, where to commence 1585 7 
 
 Student not completed elementary branches not admitted.. 1585 7 
 
 No religious denomination to control 1586 7 
 
 Governed by board of regents 1587 8 
 
 Governor, president of board 1587 8 
 
 Superintendent public instruction, member of board 1587 8 
 
 Regent elected from each congressional district 1587 8 
 
 Departments determined by board of regents 1589 8 
 
 Include collegiate, scientific, law, and other departments 1589 8 
 
 Board of regents may confer degrees 1596 8 
 
 Enact laws for government of university , 1596 8 
 
 President, professors and tutors, how appointed 1596 8 
 
 Salaries of officers determined by the board 1596 8 
 
 Tuition fees fixed by the board 1596 8 
 
 Officer removed, when deemed necessary 1596 8 
 
 Library, apparatus, etc., purchased by board 1597 8 
 
 All specimens, collected by state geologist, to belong to state. 1598 8 
 
 President report to board of regents 1600 8 
 
 Board report to superintendent of public instruction 1601 9 
 
160 INDEX. 
 
 SEC. PAGE. 
 
 SUBDIRECTORS 
 
 Special election of 1714 13 
 
 Elected annually first Monday in March in each subdistrict. . 1718 17 
 
 Give notice of subdistrict election 1718 17 
 
 One, elected from the district at large, when 1720 18 
 
 Vacancy in office of, filled by board . 1730 26 
 
 Governed by rules made by board 1737 30 
 
 Take oath 1752 38 
 
 Office vacant in case of failure to qualify 1752 38 
 
 Make contracts under restrictions of board 1753 38 
 
 Have control of school-house 1753 38 
 
 Contracts must be approved by president 1 753 38 
 
 Take enumeration of children 1754 40 
 
 Make annual report to secretary 1755 40 
 
 May dismiss pupils with concurrence of president 1756 40 
 
 Shall visit schools twice during each term 1756 40 
 
 Authorized to administer official oath 1790 57 
 
 Qualify on or before third Monday in March 1790 57 
 
 When superseded deliver up books, etc. 1791 58 
 
 Penalty for misapplication of money, etc 1791 58 
 
 May consent that pupils attend school in another subdistrict. 1795 60 
 
 Elected for new subdistrict, when 1796 60 
 
 No person ineligible by reason of sex (Chap. 136, Laws of 1876) 1 85 
 
 SUBDISTRICTS- 
 
 Embracing whole district elect three subdirectors 1720 18 
 
 If but two subdistricts in township, subdirectors chosen, how 1720 18 
 
 Board determine number of schools taught in each 1724 22 
 
 One or more schools taught in each 1727 25 
 
 Rule of taxation on, for school- house purposes 1 778 52 
 
 Pupils may attend in another 1795 60 
 
 Plat of, to be made 1796 60 
 
 May be formed from independent districts 1817 72 
 
 Hold meeting to elect subdirector, on first Monday in March. 1818 72 
 
 SUBDISTRICT BOUNDARIES- 
 
 Vote of majority of board required to change 1738 31 
 
 Established and changed by board 1796 60 
 
 Conform to congressional lines 1796 60 
 
 Changes in, to take effect when 1797 61 
 
 SUBDISTRICT MEETING- 
 
 Held annually, on the first Monday in March 1718 17 
 
 Five days' notice of, given by subdirector 1718 17 
 
 Three notices stating hour, posted 1718 17 
 
 Chairman and secretary act as judges of election 1719 17 
 
 Vote decided by lot, in case of a tie 1719 17 
 
 Three subdirectors elected, when 1720 18 
 
INDEX. 
 
 SEC. PAOE. 
 
 SUBDISTBICT MEETING CONTINUED 
 
 One subdirector in each district, and one at large 1720 18 
 
 Judges of election canvass votes for subdirector at large 1720 18 
 
 Not to organize before 9A.M., or adjourn before 12 M 1789 57 
 
 Held on first Monday in March 1818 72 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION- 
 
 Approve appointment of institute instructors 1769 47 
 
 May entertain appeals from county superintendent 1835 80 
 
 Give thirty days' notice to county superintendent 1835 80 
 
 Like notice to adverse party 1835 80 
 
 Decision shall be final 1835 80 
 
 Shall not render judgment for money 1836 81 
 
 Receive no additional compensation for determining appeals. 1836 81 
 
 May meet county superintendents in convention 1577 5 
 
 Charged with supervision of schools and superintendents. . . 1577 5 
 
 Attend teachers' institutes, when practicable 1677 5 
 
 Determine appeal cases 1677 5 
 
 Render written opinion to school officers when asked 1577 5 
 
 Have office at seat of government 1678 5 
 
 File all papers, reports and documents 1578 5 
 
 Keep fair record of matters in office 1578 5 
 
 Publish and distribute school laws and amendments 1579 6 
 
 Publish and distribute other necessary forms 1579 6 
 
 Subscribe for Educational Journal 1581 6 
 
 Furnish copies of same to county superintendents 1581 6 
 
 Publish decisions in Educational Journal 1581 6 
 
 Report number of children to auditor of state 1582 6 
 
 Report to governor of state 1583 6 
 
 Have report printed and presented to general assembly 1583 6 
 
 Appoint teachers' institutes 1584 7 
 
 Transmit appropriation to county superintendent 1584 7 
 
 Member of board of regents of state university 1587 8 
 
 Board of regents shall annually report to 1601 9 
 
 Member of board directors state normal school 2 83 
 
 TAXES- 
 
 Board not to certify after third Monday in May 1738 31 
 
 For teachers' and contingent funds determined by board 1777 51 
 
 Certified by secretary to board of supervisors 1777 51 
 
 Board of supervisors to levy for school funds 1777 51 
 
 School-house, to be apportioned 1778 52 
 
 Excess levied upon subdistrict, when 1778 52 
 
 Fifteen mills may be levied, when 1778 52 
 
 One to three mills county tax to be levied 1779 63 
 
 Receivable only in cash 1779 63 
 
 Limits of for school purposes 1780 64 
 
 21 
 
162 INDEX. 
 
 SEC. PACK. 
 
 TAXES CONTINUED 
 
 Paid to district township treasurer quarterly 1784 55 
 
 Paid to independent districts monthly 1784 55 
 
 Presidents of boards to be notified of tax collected 1785 56 
 
 Paid to district treasurers on warrants 1785 56 
 
 Levied by district townships, void, when 1804 65 
 
 All taxes determined by board of directors, when 1804 65 
 
 Determined before third Monday in August, when 1804 65 
 
 Certified before first Monday in September, when 1804 65 
 
 Board of supervisors levy for independent districts 1804 65 
 
 Of mills voted, when (Chap. 67, Laws of 1874) 1 83 
 
 Board to levy, to pay judgment (Chap. 132, Laws of 1878) 2 85 
 
 TEACHERS 
 
 Keep list of pupils showing attendance, etc 1734 28 
 
 May be discharged by board 1734 28 
 
 Subdirector or secretary makes contracts with 1757 41 
 
 Contracts must be in writing 1757 41 
 
 President must approve and file contract 1757 41 
 
 Not to be employed without certificate 1758 42 
 
 Keep daily register 1759 42 
 
 Keep separate register for non-resident pupils 1759 42 
 
 File certified copy of register with secretary 1760 43 
 
 Regular examination of, last Saturday in each month 1766 45 
 
 Satisfy county superintendent regarding moral character 1767 46 
 
 Certificate cannot exceed one year 1767 46 
 
 Examination of, to be public 1768 46 
 
 Pay fee on application for examination 1769 47 
 
 Pay registration fee 1769 47 
 
 Certificate of , may be revoked 1771 48 
 
 Shall have personal notice of charges preferred 1771 48 
 
 Of county high school, by whom selected 1706 11 
 
 TEACHERS' NORMAL INSTITUTE 
 
 Shall be held annually in each county 1769 47 
 
 .; Aided by state appropriation 1584 7 
 
 TEXT-BOOKS 
 
 Board may adopt 1728 26 
 
 May be changed after three years 1728 26 
 
 Electors may authorize board to change sooner 1728 -26 
 
 TIE VOTE 
 
 For subdirector determined by lot 1719 17 
 
 For director determined by lot 1808 67 
 
 TRANSCRIPT- 
 
 Secretary notified to send on appeal 1832 78 
 
INDEX. 163 
 
 SEC. PAGE. 
 
 TREASURERS 
 
 Chosen outside of the board, when 1721 19 
 
 Have no vote unless member of board 1721 19 
 
 Vacancy in office of, filled by board 1730 26 
 
 Give bonds 1781 27 
 
 Accounts of, examined by board 1732 27 
 
 Compensation of, fixed by board 1733 28 
 
 Hold all moneys belonging to district 1747 35 
 
 Pay funds on order of president; countersigned by secretary. 1747 35 
 
 Keep account of moneys received and paid out 1747 85 
 
 Keep separate account with each fund 1748 36 
 
 Pay no order which does not specify fund and object 1743 36 
 
 Make partial payments on orders 1748 56 
 
 Receive money apportioned to district 1749 36 
 
 Receive district school tax 1749 36 
 
 Register orders 1750 37 
 
 Render statement of finances 1751 37 
 
 Make annual report to board of directors 1751 37 
 
 Make annual report to county superintendent 1751 37 
 
 Penalty for failure to report 1751 37 
 
 Draw semi-annual apportionment on warrant . . . 1782 55 
 
 Receive moneys for district township quarterly 1784 55 
 
 Receive moneys for independent district monthly 1784 55- 
 
 Chosen outside of board, in all independent districts 1802 64 
 
 Negotiate bonds 1822 74 
 
 Countersign bonds when negotiated 1822 74 
 
 Charged with bonds delivered to him. 1822 74 
 
 Of county high school 1701 10 
 
 Of county high school, duties of 1701 11 
 
 Of state normal school (Chap. 129, Laws of 1876) 3 83 
 
 Of state normal school, duties of (Chap. 129, Laws of 1886). . 4 *83 
 
 To sell bonds, when (Chap. 132, Laws of 1880) 2 91 
 
 Keep record of parties buying bonds (Chap. 132, Laws of 1880) 3 91 
 
 Charged with bonds delivered to him (Chap. 132, Laws of 1880) 5 91 
 
 TREES 
 
 Number and condition of, reported annually 1745 34 
 
 Growing and standing, shall not be injured 1828 77 
 
 Board shall cause to be set out (Chap. 23, Laws of 1882). ... 1 92 
 
 Superintendent to notify boards (Chap. 23, Laws of 1882).. 2 92 
 
 TRUSTEES OF HIGH SCHOOLS 
 
 Appointed by boards of supervisors 1699 9 
 
 Qualification of 1699 9 
 
 Oath, and bond of 1699 9 
 
 County superintendent member of board of 1699 9 
 
 Divided into three classes 1700 10 
 
 Election of 1700 10 
 
164 INDEX. 
 
 ,'i .. SEC. PAGE. 
 
 TRUSTEES OP HIGH SCHOOLS CONTINUED 
 
 ,: Termsof office 1700 10 
 
 i County superintendent president of board. 1701 10 
 
 Secretary and treasurer appointed from board 1701 10 
 
 Estimate of funds needed, made by 1702 10 
 
 Shall present estimate to board of supervisors 1702 10 
 
 May require treasurer to give additional bond 1704 11 
 
 Shall select site for high school 1705 11 
 
 Make purchases, let contracts, etc 1705 11 
 
 Employ teachers, pay salaries 1706 11 
 
 Make rules regarding admission 1707 11 
 
 Determine tuition of pupils from other counties 1 708 12 
 
 Approve of rules and regulations governing schools 1709 12 
 
 May expel refractory pupils 1709 12 
 
 Make annual rep art to board of supervisors 1710 12 
 
 Vacancies filled by board of supervisors 1711 12 
 
 Compensation of members 1712 12 
 
 TUITION- 
 
 Of pupils from other districts, how paid 1 793 58 
 
 Of non-residents, fixed by board 1794 60 
 
 At county high school free, when 4707 11 
 
 Of scholars from other counties at county high school 1708 12 
 
 At state normal school (Chap. 129, Laws of 1876) 5 83 
 
 VACANCY- 
 
 , Filled by special election, when 1714 13 
 
 Filled by appointment, when 1730 26 
 
 VISITATION OF SCHOOLS- 
 
 By board of directors 1734 28 
 
 By subdirector 1756 40 
 
 , By county superintendent 1774 49 
 
INDEX TO FOEMS. 
 
 NO. PAGE. 
 
 Proceedings of district township meeting J 1 103 
 
 Notice for annual meeting in subdistricts 2 104 
 
 Proceedings of annual subdistrict meeting 3 104 
 
 Certificate of election of subdirector 4 105 
 
 Certificate of tax voted by subdistrict meeting 5 106 
 
 Proposals for the erection (or repair) of school-houses 6 106 
 
 Contract for building school-houses 7 107 
 
 Bond for performance of contract 8 108 
 
 Certificate of appointment of school officers 9 109 
 
 Bond of secretary or treasurer 10 110 
 
 Certificate of election of officers of the board 11 111 
 
 Draft on county treasury 12 112 
 
 Order on district treasury 13 112 
 
 Lease 14 113 
 
 Deed 15 113 
 
 Order register of secretary and treasurer. 1<J 115 
 
 Notice of district township meeting 17 116 
 
 Report of secretary 18 117 
 
 Treasurer's account with teachers' fund 19 119 
 
 Report of treasurer 20 120 
 
 Contract between subdirector and teacher 21 121 
 
 List heads of families and children, kept by subdireotors 22 122 
 
 Teacher's daily register of attendance 23 123 
 
 Teacher's term report to district secretary 24 124 
 
 Teacher's certificate 25 125 
 
 Monthly report of institute fund 26 126 
 
 Receipt of institute fund 27 127 
 
 Application for teachers' normal institute 28 127 
 
 Report of registration fees, institute fund 29 128 
 
 Order on institute fund ... 30 129 
 
 Report of teachers' normal institute 31 129 
 
 Revocation of teacher's certificate 32 131 
 
 Certificate to supervisors of tax determined by board 33 131 
 
 Certificate to supervisors of tax voted by district township 34 132 
 
166 INDEX. 
 
 NO. PAGE. 
 
 Certificate^ tax voted by a subdistrict, not granted by district. . . 35 132 
 
 Notice from the county auditor of semi-annual apportionment. ... 36 133 
 
 Certificate of election of county superintendent 37 133 
 
 Certificate of qualification of county superintendent 38 134 
 
 Notice from county treasurer of school tax collected 39 134 
 
 Notice permitting attendance from adjoining districts 40 136 
 
 Application for appointment of appraisers of site 41 185 
 
 Appointment of appraisers of school-house site 42 136 
 
 Notice to owner of real estate of appointment of appraisers 48 137 
 
 Beport of appraisement of property for school-house purposes 44 138 
 
 Notice of assessment of damages 45 138 
 
 Affidavit of appeal 46 139 
 
 Notice of appeal....: 47 139 
 
 Certificate to district secretary's transcript 48 140 
 
 Notice of hearing of appeal 49 140 
 
 Certificate to the county superintendent's transcript 50 141 
 
SCHOOL LAW DECISIONS 
 
 JN 
 
 APPEAL CASES, 
 
 BY THE 
 
 Superintendent of Public Instruction 
 
 EDITION OF 1888. 
 
 COMPILED FOR THE USE OF SCHOOL OFFICERS 
 
 BY 
 
 HENRY SABIN, 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 DES MOINES: 
 
 GEO. E. ROBERTS STATE PRINTER. 
 
 188S. 
 
PREFACE. 
 
 The followiDg compilation of School Law Decisions is believed to 
 be as full and complete as can be made under the circumstances. 
 
 Such decisions have been selected as bear more directly upon those 
 cases frequently brought to the attention of school officers. 
 
 A close study of these decisions, together with a careful reading of 
 the sections of law which they are designed to construe, taken in 
 connection with the explanatory notes, will give county superin- 
 tendents and other school officers a better understanding of their 
 duties and of their relation to each other and to the public. 
 
 In order that those most interested may avoid errors, attention is 
 called to a few particulars. 
 
 Neither the county superintendent nor the superintendent of public 
 instruction has power to decide the legality of a contested election. 
 They are often asked to give an opinion in such cases, but always 
 hesitate, because there are usually many important points involved 
 which can only be brought out in the courts, where such cases must 
 eventually go, unless settled by compromise. County superintend- 
 ents may advise mutual concessions, such as justice and equity may 
 suggest, but cannot entertain such cases on appeal. 
 
 This department cannot attempt to determine the validity of a con- 
 tract. An appeal will lie to determine whether the board, in dismiss- 
 ing or refusing to dismiss a teacher, acted through mistaken or im- 
 proper motives, but the courts alone can pass upon the validity of the 
 contract, or enforce its fulfillment. 
 2 
 
10 
 
 PREFACE. 
 
 In cases where the concurrence of another board is necessary to the 
 completion of an action, there can be no appeal from the order of 
 the board originating the action. 
 
 County superintendents should give great weight to acts of a board 
 purely discretionary in their nature. Unless such acts are plainly 
 shown in the testimony to be the result of manifest injustice or 
 improper motives, or in some other way an abuse of discretion, the 
 action of the board should be affirmed. 
 
 On the other hand, however, the county superintendent is not lim- 
 ited to affirming or reversing the action of the board, but he may do 
 on appeal, whatever the board had power to do. This point has been 
 long determined, and will be sustained by this department in the 
 future. But in all such cases, the county superintendent must be 
 able in his decision to show plainly that he is warranted by the evi- 
 dence in determining the error of the board. 
 
 While the county superintendent may not compel the attendance 
 of witnesses at the trial of an appeal, he may order depositions to be 
 taken, in accordance with sections 3692-3696, Code, and thus secure 
 the required testimony. 
 
 It would lighten the labors of this office if county superintendents 
 would take great care in sending up the transcript. The outside of 
 each paper should be so marked as clearly to indicate the contents. 
 The pages of the testimony should be carefully numbered, and the 
 whole fastened together. The directions given in notes to sections 
 1830-1836, should be closely followed. The map, which should be 
 sent in all oases where boundaries or sites are in question, should 
 show the roads, streams, location of dwellings, and number of school 
 age at each residence, with any other information of value to a clear 
 understanding of the case. A complete and accurate plat, agreed to 
 by all parties as being correct, often furnishes a key to the whole 
 situation. 
 
 The same weight given by county superintendents to the discre- 
 
PREFACE. H 
 
 tionary acts of boards will be given by this department to the discre- 
 tion of county superintendents in refusing or revoking certificates. 
 
 We are always glad, as it is a part of our duty, to answer all ques- 
 tions from school officers concerning the interpretation of the school 
 law. But we think frequent perusal of the decisions following will 
 give careful readers the ability to answer for themselves many ques- 
 tions likely to arise in tbe administration of school affairs. 
 
 HENRY SABIN, 
 Superintendent of Public Instruction. 
 
 DBS MOINES, July 1, 1888. 
 
TABLE OF OASES. 
 
 A. 
 
 Albion, District Township of, Smith v 1& 
 
 Amity, Independent District of, Darnell v 10$ 
 
 Arthur v. Independent District of Fairway . 93 
 
 B. 
 
 Baker v. Independent District of Waukon 130 
 
 Bartlett v. District Township of Spencer Ill 
 
 Beard v. District Township of Washington 67 
 
 Belmont, District Township of, Moorman v 53 
 
 Boomer, District Township of, Remington v 57 
 
 Boyer v. Independent District No. 2, Dutch Township 135 
 
 Brewer v. District Township of Washington 73 
 
 Brighton, District Township of, Woods v 90 
 
 Brown v. District Township of Van Meter 82 
 
 Brown, District Township of, Gordon v 4& 
 
 Brown v. District Township of Kichland 17 
 
 Bunn v. District Township of Douglas 64 
 
 Burlington, Independent District of, David v 75 
 
 Buzzard v. Independent District of Liberty 95 
 
 C. 
 
 Caldwell v. Peebles 62 
 
 Cedar, District Township of, Dayton v 58 
 
 Cedar, District Township of, Miner v 51 
 
 Center, District Township of, Folsom v 141 
 
 Charles City, Independent District of, Harwood v 6& 
 
 Chester, District Township of, Qays v 85 
 
 Coffin's Grove, District Township of, Smith v 33 
 
 Colburn v. District Township of Silver Lake 110 
 
 Colcord v. Independent District of Vinton 113 
 
 Cormack v. District Township of Lincoln 10ft 
 
14 CONTENTS. 
 
 Cousins v. Independent District Township of Spirit Lake 133 
 
 Crookshank v. District Township of Maine 88 
 
 Curry v. District Township of Franklin 41 
 
 D. 
 
 Darnall v. Independent District of Amity 103 
 
 David v. Independent District of Burlington 75 
 
 Davis v. District Township of Madison 60 
 
 Dayton v. District Township of Cedar 58 
 
 Deck v. District Township of Eden 339 
 
 Des Moines, District Township of, Handersheldt v 115 
 
 Dobbins and Briggs v. District Township of Salem 24 
 
 Dougherty v. Tracy 29 
 
 Douglas, District Township of, Bunn v 61 
 
 Dunlavy v. Klinginsmith 102 
 
 Dutch, Independent District No. 2, Boyer v 135 
 
 E. 
 
 Eden, District Township of , Deck v 139 
 
 Edwards v. District Township of West Point 35 
 
 Elden, Independent District of, Taylor v 65 
 
 Exira, District Township of, Watson v 68 
 
 F. 
 
 Fairway, Independent District of, Arthur v 93 
 
 Fisher v. District Township of Tipton 123 
 
 Flynn v. District of Whitebreast 26 
 
 Folsom v. District Township of Center 141 
 
 Franklin, District Township of, Curry v 41 
 
 G. 
 
 Oalland's Grove, District Township of, Mclntosh v 22 
 
 Gordon v. District Township of Brown. . . 43 
 
 Gosting v. District Township of Lincoln 80 
 
 H. 
 
 Hall v. District Township of Massillon 55 
 
 Handersheldt v. District Towhship of Des Moines 115 
 
 Hansel v. District Township of Mallory 117 
 
 Hardy v. District Township of Wyacondah 91 
 
 Harlan Township, District No. 1 v. District No. 2 107 
 
 Harlan Township, District No. 2 v. District No. 1 107 
 
 Harwood v. Independent District of Charles City 69 
 
 Hays v. District Township of Chester 85 
 
 Hays v. District Township of Jefferson 96 
 
 Hubbard v. District Township of Lime Creek 78 
 
CONTENTS. 15 
 
 J. 
 
 Jacoby v. Independent District of Nodaway 104 
 
 Jasper, District Township of, Thompson v 87 
 
 Jefferson, District Township of, Hays v 96 
 
 Johnson v. District Township of Monroe . . .- 25 
 
 K. 
 
 Kennon, Orme and Bullock v. Independent District of Nodaway No. 4. 100 
 
 Klinginsmith, Dunlavy v . . '. 102 
 
 Koontz v. District Township of Liscomb 127 
 
 L. 
 
 Lester, District Township of, Sipple v 46 
 
 Lewis v. District Township of Woolstock 132 
 
 Liberty, District Township of, Eook v 72 
 
 Liberty, Independent District of, Buzzard v 95 
 
 Lime Creek, District Township of, Hubbard v 78 
 
 Lincoln, District Township of, Gosting v 80 
 
 Lincoln, District Township of, Randall v 84 
 
 Lincoln, District Township of, Cormack v 106 
 
 Liscomb, District Township of, Koontz v 127 
 
 Lodomillo, District Township of, Rankin v 108 
 
 M. 
 
 Madison, District Township of, Davis v 60 
 
 Maine, District Township of, Crookshank v 88 
 
 Mallory , District Township of, Hansel v. . . . 117 
 
 Maquoketa, District Township of, Smith v 39 
 
 Marshall v. District Township of Marshall 129 
 
 Marshall, District Township of, Marshall v .129 
 
 Massillon, District Township of, Hall v 55 
 
 Mclntosh v. District Township of Galland's Grove 22 
 
 Miner v. District Township of Cedar 61 
 
 Monroe, District Township of, Johnson v 25 
 
 Monroe, District Township of, Wilson v 98 
 
 Moorman v. District Township of Belmont 53 
 
 N. 
 
 Nodaway, Independent District No. 4, Kennon, Orme and Bullock v. . . 100 
 Nodaway, Independent District of, Jacoby v 104 
 
 P. 
 
 Park v. Independent District of Pleasant Grove 120 
 
 Peebles, Caldwellv 62 
 
 Pleasant Grove, Independent District of, Park v 120 
 
-j^g CONTENTS, 
 
 R. 
 
 Randall v. District Township of Lincoln 81 
 
 Rankin v. District Township of Lodomillo 108 
 
 Reed v. District Township of Union , 76 
 
 Remington v. District Township of Boomer 57 
 
 Richland, District Township of, Brown v 17 
 
 Rook v. District Township of Liberty 72 
 
 S. 
 
 Salem, District Township of, Dobbins and Briggs v 24 
 
 Silver Lake, District Township of, Colburn v 110 
 
 Sipple v. District Township of Lester 46 
 
 Smith v. District Township of Albion 18 
 
 Smith v. District Township of Coffin's Grove 33 
 
 Smith v. District Township of Maquoketa 39 
 
 Spencer, District Township of, Bartlett v Ill 
 
 Spirit Lake, Independent District Township of, Cousins v 133 
 
 Stine v. District Township of Wahkonsa 21 
 
 T. 
 
 Taylor v. Independent District of Eldon 65 
 
 Thompson v. District Township of Jasper 87 
 
 Tipton, District Township of, Fisher v 123 
 
 Tracy, Dougherty v 29 
 
 U. 
 
 Union, District Township of, Reed v 76 
 
 V. 
 
 Van Meter, District Township of, Brown v 82 
 
 Vinton, Independent District of, Colcord v 113 
 
 W. 
 
 Wahkonsa, District Township of, Stine v 21 
 
 Washington, District Township of, Beard v 67 
 
 Washington, District Township of, Brewer v. 73 
 
 Watson v. District Township of Exira 68 
 
 Waukon, Independent District of, Baker v 130 
 
 West Point, District Township of, Edwards v 35 
 
 Whitebreast, District Township of, Flynn v 26 
 
 Wilson v. District Township of Monroe 98 
 
 Woods v. District Township of Brighton 90 
 
 Woolstock, District Township of, Lewis v 132 
 
 Wyacondah, District Township of, Hardy v 91 
 
SCHOOL LAW DECISIONS. 
 
 JANE BROWN v. DISTRICT TOWNSHIP OF HIGHLAND. 
 Appeal from Tama County. 
 
 1. SUBDISTRICT BOUNDARIES: Change of. In changing subdistrict boun- 
 
 daries, both the present and the future welfare of the district should be 
 considered. 
 
 2. SUBDISTRICT: Size of. It is better to have large subdistricts with good 
 
 school-houses well furnished, than small subdistricts with small and 
 poorly furnished school-houses. 
 
 The board of said district township, at their regular meeting in 
 September, 1864, changed the boundaries of certain subdistricts, 
 whereby subdistrict number seven and a portion of subdistrict num- 
 ber one, were attached to subdistrict number five. 
 
 From this order of the board an appeal was taken to the county 
 superintendent who, after a full and fair investigation of the case, 
 sustained the action of the board. From his decision an appeal is 
 brought to the superintendent of public instruction. 
 
 It is not claimed that either the board or the county superintend- 
 ent committed errors in law or exceeded their jurisdiction. Every- 
 thing seems to have been done fairly and openly, and a final de- 
 cision of the case is asked for solely on the ground of equity and 
 justice. 
 
 Appellants claim that subdistrict number seven has a good school 
 of thirty-four scholars, and that by the proposed change, three-fourths 
 of these pupils will be cut off from school privileges in consequence 
 of their distance from the proposed site of the new school-house. 
 
 But it is shown by testimony th*at by building a bridge across a cer- 
 tain stream the distance will be diminished, so that all parties will 
 be accommodated. There is no assurance in the record before us 
 that the bridge will be built this year or next. Meanwhile a large 
 number of children may be deprived of school. As a general rule it 
 is better to have large subdistricts with good school-houses well fur- 
 3 
 
SCHOOL LAW DECISIONS. 
 
 Sarah E. Smith v. District Township of Albion. 
 
 nished, than to have small subdistricts with small and poorly fur- 
 nished school- houses. 
 
 We believe the board had in view the welfare of the whole district, 
 as did also the county superintendent in confirming their action, but 
 we can see no injustice in this case in allowing the subdistricts to 
 remain another year without change, or until the proposed bridge is 
 built. The reason for consolidating the subdistricts now will prob' 
 ably exist then, and the occasion for complaint will then be removed. 
 
 In this view of the case we feel compelled to reverse the decision 
 of the county superintendent. REVERSED. 
 
 ORAN FAVILLE, 
 
 Superintendent of Public Instruction. 
 March 1, 1865. 
 
 SARAH E. SMITH v. DISTRICT TOWNSHIP OF ALBION. 
 Appeal from Howard County. 
 
 TEACHERS: Eight of, to inflict punishment upon their pupils. A school-master 
 who stands in loco parentis may, in proper cases, inflict moderate and 
 reasonable chastisement. The law confides to teachers a discretionary 
 power in the infliction of punishment upon their pupils, and will not 
 hold them responsible criminally, unless the punishment be such as to 
 occasion permanent injury to the child, or be inflicted merely to gratify 
 their own evil passions. 
 
 The record in this case shows that the plaintiff, Sarah E. Smith, 
 entered into a contract with the subdirector of subdistrict number 
 two in said district township, to teach a school for four months, com- 
 mencing on the 19th of December, 1864. That she commenced her 
 school accordingly, and taught until the 30th of January, 1865. That 
 on the 29th of January she was notified to meet the board to answer 
 to the charge of undue severity in chastising one of her pupils; that 
 she attended the meeting of the board and made her defense, but the 
 board decided to expel her from her school, paying her for the time 
 she had taught. From this action of the board she appealed to the 
 county superintendent, who reversed the order of the board, and from 
 
SCHOOL LAW DECISIONS. 1Q 
 
 Sarah E. Smith v. District Township of Albion. 
 
 the decision of the county superintendent an appeal is brought to the 
 superintendent of public instruction. 
 
 It is claimed on the part of the board that the county superintend- 
 ent had no j arisdiction, and that he erred in entertaining the appeal 
 and reversing the order of the board; but having gone to trial before 
 the county superintendent, and having submitted the case, after mak 
 ing their defense, they cannot now plead want of jurisdiction. 
 
 Tne testimony shows that the pupil, a boy of some twelve years of 
 age, did not like the seat assigned him by the teacher, and asked per- 
 mission to go out, which was given; that he started toward home; 
 that the teacher called to him to come back, threatening to punish 
 him if he disobeyed; that he went home and remained out of school 
 about a week; that at the close of the school on the day he returned 
 the teacher reminded him of the punishment threatened, and pro- 
 ceeded to administer it, striking him over the shoulders and back 
 with a whip furnished by one of the pupils; that the boy resisted, 
 striking back, snatching away the whip and using bad language; that 
 the teacher obtained another whip, a willow switch, and administered 
 several strokes with it, some of which were across his head and face, 
 in consequence of which one of the boy's eyes was apparently in- 
 jured. An older brother of the boy then interfered, and the "affray 
 ended". 
 
 It does not appear that the teacher punished hastily or in anger, or 
 that it would have been too severe, or improperly administered, had 
 the boy not resisted. It is doubtful whether the resistance justified 
 the teacher in striking the boy across the head and thereby causing 
 an injury, fortunately temporary, to one of his eyes. The county 
 superintendent regarded this as accidental, and as no permanent in- 
 jury was sustained, justified the teacher. 
 
 Much has been written during the last twenty-five years in regard 
 to the proper means to be used for maintaining the authority of the 
 teacher over the pupils. We can remember when the whip was ap- 
 plied very frequently and very severely, when the pupil obeyed from 
 fear of punishment, and not from any sense of duty or of respect for 
 authority. Since that time there has been a great change; appeals to 
 reason, to a sense of duty and to right have been successfully used by 
 the most competent teachers. In many schools the rod is excluded, 
 
20 SCHOOL LAW DECISIONS. 
 
 Sarah E. Smith v. District Township of Albion. 
 
 and yet ready and cheerful obedience is secured from the pupil. We 
 wish such a result could be reached in all the schools; that the teacher 
 could inspire the pupils with such a love for order, for good govern- 
 ment and for rightful authority; with such a love for right doing and 
 such a hate for wrong doing, that it would only be necessary to point 
 out the path of duty instead of the command to walk in it. While 
 family government and the public sentiment of some communities 
 may render such a course possible, the want of family government 
 and the loose reins given to "Young America" in many communities 
 require strong and physical force to hold in subjection unsubdued 
 nature. 
 
 All admit that the teacher must maintain authority, and for that 
 purpose he is sustained by the highest authorities in inflicting moder- 
 ate punishment. 
 
 In Kent's Commentaries, 9th edition, volume 2, page 222, is the 
 following: "A school master who stands in loco parentis, may in 
 proper cases inflict moderate and reasonable chastisement." 
 
 In Wharton's American Criminal Law, 5th edition, volume 1, page 
 669, is the following: 
 
 "The law confides to school-masters and teachers a discretionary 
 power in the infliction of punishment upon their pupils, and will not 
 hold them responsible criminally, unless the punishment be such as 
 to occasion permanent injury to the child, or be inflicted merely to 
 gratify their own evil passions." State v. Pendergrass, 2 Dev. & 
 Bat., 407. 
 
 " On the trial of an indictment of a school master for an assault on 
 a pupil the judge refused to instruct the jury that the defendant was 
 criminally liable for punishing a pupil only when he acted malo an- 
 imOj from vindictive feeling, passion, or ill-will, or inflicted more 
 punishment than was necessary to secure obedience, and not for error 
 of opinion or judgment, provided he was governed by an honest pur- 
 pose to promote discipline and the highest welfare of the school, and 
 the best interests of the child; and instructed them that in inflicting 
 corporal punishment a teacher must exercise reasonable judgment and 
 discretion, and be governed as to the mode and severity of the pun- 
 ishment by the nature of the offense, the age, size, and apparent 
 powers of endurance of the pupil." Commonwealth v. Randall^ 4 
 Gray (Mass.), 36. 
 
SCHOOL LAW DECISIONS. 21 
 
 D. E. Stine v. District Township of Wahkonsa. 
 
 "If there is arty reasonable doubt that the punishment was excessive 
 the master should have the benefit of it." Lander v. Seaver, 32 Vt. 
 (3 Shaw), 114. 
 
 We add the following as having some bearing on this case: 
 
 " Though a school-master has in general no right to punish a pupil 
 for misconduct committed after the dismissal of a school for the day, 
 and the return of the pupil to his home, yet he may, on the pupil's 
 return to school, punish him for any misbehavior, though committed 
 out of school, which has a direct and immediate tendency to injure 
 the school and to subvert the master's authority." Zander v. Seaver, 
 supra. 
 
 Many other authorities might be cited establishing the authority 
 of the teacher to inflict punishment necessary for securing obedience 
 to reasonable rules. As it is not shown in this case that the rules 
 were unreasonable or the punishment severe (the teacher must have 
 the benefit of the doubt in regard to the manner of punishing), the 
 decision of the county superintendent is 
 
 AFFIRMED. 
 ORAN FAVILLE, 
 Superintendent of Public Instruction. 
 
 April 22, 1865. 
 
 D. E. STINE v. DISTRICT TOWNSHIP OF WAHKONSA. 
 
 Appeal from Webster County. 
 RECORDS: Defective. May be amended. 
 
 The board of supervisors of said county at their regular meeting in 
 January, 1865, set off certain territory frcm the township of Wash- 
 ington to the township of Wahkonsa. On the 28th day of the 
 same month the board of the district township of Wahkonsa 
 made an order conforming the boundary of said district township to 
 that of the civil township, and attaching the annexed territory to sub- 
 district number one, of the said district township. From this order 
 an appeal was taken to the county superintendent, who reversed the 
 action of the board, and from his decision the board appeals. 
 
22 SCHOOL LAW DECISIONS. 
 
 John A. Mclntosh v. District Township of Galland's Grove. 
 
 The only point in issue in this case is whether the board complied 
 with the law in changing the boundaries of the district. 
 
 The record of the board is defective in not more particularly de- 
 scribing the territory in question and in not having a plat showing 
 the change of boundaries. The record, however, shows that provis- 
 ion was made for furnishing such a plat, and that the board had at- 
 tempted in good faith to regulate the boundaries of the district in 
 accordance with a petition of the people to the board of supervisors. 
 
 The law does not limit the time within which the plat shall be 
 made and recorded, and as alterations in district boundaries do not 
 take effect until the first Monday in March, the board should have 
 until that time to complete their records. 
 
 The county superintendent decides that the board acted in good 
 faith and for the best interests of the public; and we think he should 
 have allowed the board to correct "and perfect the district records. 
 
 REVERSED. 
 ORAN FAVILLE, 
 Superintendent of Public Instruction. 
 
 June 12, 1865. 
 
 JOHN A. MclNTosn v. DISTRICT TOWNSHIP OF GALLAND'S GROVE. 
 Appeal from Shelby County. 
 
 SCHOOL-HOUSE: Power of the board to build. If in their judgment the wants 
 of a subdistrict require, the board are empowered to erect a school- 
 house without action on the part of the electors of the subdistrict. 
 
 The plaintiff appeals from the action of the board, in approving a 
 contract for building a school-house in the subdistrict of which the 
 plaintiff is a resident, for the following reasons: 
 
 The house was ordered to be built against the wishes of a ma- 
 jority of the electors of said subdistrict. 
 
 A house was already leased for school purposes, and there was no 
 need of a new house. 
 
 The county superintendent investigated the case and set aside the 
 
SCHOOL LAW DECISIONS. 23 
 
 John A. Mclntosh v. District Township of Galland's Grove. 
 
 action of the board in the premises, and from this decision the board 
 appeal. 
 
 The record shows that a lease was executed in February, 1863, for 
 the use of a house for school purposes in said subdistriot for five 
 years. This contract was signed by the lessor and the subdireotor; 
 but there is no evidence that it was approved by the board or signed 
 by its president. No objection seems to have been made to the 
 lease on this account. Strict construction of the law, however, would 
 not consider this a valid lease. 
 
 At the annual meeting of the electors in said subdistrict in 1864, a 
 resolution was adopted requesting the district township meeting to 
 levy a tax of five mills on the township for the purpose of building 
 a school-house in said subdistrict. It seems that no action was taken 
 by the board that year; but at its regular meeting in April, 1865, the 
 board authorized the building of a school-house in said subdistrict, 
 although no action was taken by the electors at their annual meeting 
 in March previous. 
 
 The superintendent reversed the action of the board for the follow- 
 ing reasons: 
 
 The board has no right to build a school house unless asked to do 
 so by the electors of the subdistrict. 
 
 The subdistrict in question had a house leased for school purposes 
 for a term of years. 
 
 The district has no right to force a house upon a subdistrict. 
 
 The first and second positions of the superintendent are not well 
 taken; for the evidence shows that the electors in 1864 did request a 
 tax to build a house, as the request was not withdrawn in 1865, it was 
 still before the board; second, admitting that the lease was valid, the 
 circumstances of the subdistrict may have changed so as to require a 
 new house, and this may be inferred from the fact that a tax was re- 
 quested in 1864. 
 
 His third proposition may, as a general rule, hold true. Yet there 
 are cases where the electors of a district township would doubtless be 
 justified in voting a tax to build a house in a subdistrict not request- 
 ing it. There may possibly be communities feeling so little interest 
 in the education of their children that they are not willing to bear a 
 share of the expenses necessary to maintain schools. In such cases 
 
24 SCHOOL LAW DECISIONS. 
 
 Dobbins and Briggs v. District Township of Salem. 
 
 there should be a power somewhere to see that schools are provided, 
 and that power must rest with a majority of the electors of the dis- 
 trict township and with the board. 
 
 In the above case we feel compelled to differ from the county su- 
 perintendent, and his decision is 
 
 REVEBSED. 
 ORAN FAVILLE, 
 Superintendent of Public Instruction. 
 November 15, 1865. 
 
 DOBBINS AND BRIGGS v. DISTRICT TOWNSHIP OF SALEM. 
 Appeal from Henry County. 
 
 1. APPEAL. An appeal will not lie from an order of a board initiating a 
 
 change in the boundaries of the district township, where the concur- 
 rence of the board of an adjoining district township is necessary to 
 effect the change. 
 
 2. JURISDICTION. The superintendent's jurisdiction on appeal is not 
 
 greater than that of the board from whose action the appeal is taken. 
 
 In January, 1866, the appellees and others presented a petition to 
 said board, requesting a change in the boundaries of said district 
 township, so that certain residents therein might be set off to the in- 
 dependent district of Salem. 
 
 The board decided not to grant the request of petitioners, from 
 which decision an appeal was taken to the county superintendent' 
 who, after a protracted and patient investigation, reversed the decis- 
 ion of the board, and ordered changes to be made in the boundaries 
 of the district township, by which certain territory was transferred 
 to the independent district, and from his decision an appeal is taken 
 to the superintendent of public instruction. 
 
 This is an interesting case, from the fact .that it presents a question 
 not before determined, to-wit: whether the county superintendent has 
 jurisdiction in a matter requiring the concurrent action of different 
 school boards. If this question is answered in the affirmative, then 
 
SCHOOL LAW DECISIONS. 25 
 
 C. W. Johnson v. District Township of Monroe. 
 
 the various points raised by counsel must be examined, and the case 
 must be determined on its merits; but if answered in the negative no 
 discussion of the various issues raised is necessary. 
 
 It has heretofore been held and is still held, that the county super- 
 intendent has authority to affirm or reverse the action of school boards 
 in changing the boundaries of subdistricts; but all cases of this 
 kind hitherto determined have been confined to the action of boards 
 affecting territory within their respective district townships. The 
 present case relates to the transfer of territory from the district town- 
 ship, under the control of one board, to the independent district un- 
 der the jurisdiction of another board. The cases are not analogous. 
 In the former case the board has complete authority, and the action 
 taken is final, unless reviewed within a limited time; but in the latter 
 case, one board initates a movement which is completed or not at the 
 option of another board. In other words, neither board has complete 
 jurisdiction; and it necessarily follows that the county superintend- 
 ent, having only appellate jurisdiction, cannot assume original juris- 
 diction and do what the board could not do, from whose action the 
 appeal was taken. 
 
 Having arrived at this conclusion, in which we are sustained by the 
 attorney- general, we feel obliged to disagree with the county superin- 
 tendent, and his decision is therefore 
 
 REVERSED. 
 ORAN FAVILLE, 
 
 Superintendent of Public Instruction. 
 July 23, 1866. 
 
 C. W. JOHNSON v. DISTRICT TOWNSHIP OF MONROE. 
 Appeal from Madison County. 
 
 SCHOOL-HOUSE TAX. Where it has been the uniform custom to apportion 
 the school- house tax among the several subdistricts, the board are not 
 governed by a vote of the electors instructing them to levy the tax di- 
 rectly upon the property of a subdistrict. 
 
 In April, 1866, the board of said district township decided to levy 
 a tax for building a school house in subdistrict number one, on the 
 
 4 
 
26 SCHOOL LAW DECISIONS. 
 
 C. D. Flynn v. District Township of Wbitebreast. 
 
 property of said subdistrict, instead of apportioning it among the 
 several subdistricts. From this decision an appeal was taken to the 
 county superintendent, who reversed the action of the board, and 
 from his decision an appeal is brought to this office. 
 
 The evidence shows conclusively that it has not been the custom 
 for each subdistrict to build its own school-house, and the only reason 
 the board can assign for its action is an expression of the electors of 
 the district township that hereafter each subdistrict be required to 
 build its own school-house. 
 
 The law is plain and positive on this subject, and it is extremely 
 doubtful whether the electors can instruct the board to pursue a 
 course contrary to that laid down in the law. If such a vote of the 
 electors is binding at all on the board, it should be a unanimous vote 
 of all the electors of the district township; and even then the board 
 would not be justified in acting contrary to justice and equity. 
 
 The county superintendent in his decision says: "The board 
 therefore, should have apportioned the amount necessary to 
 build a school- house in subdistrict number one among the several sub- 
 districts, taking as a basis of apportionment the amounts previously 
 levied on said subdistricts for school-house fund." 
 
 I entirely agree with the county superintendent, and his decision 
 is AFFIRMED. 
 
 ORAN FAVILLE, 
 
 Superintendent of Public Instruction. 
 August 10, 1866. 
 
 C. D. FLYNN v. DISTRICT TOWNSHIP OF WHITKBREAST. 
 Appeal from Lucas County. 
 
 SUBDISTRICT BOUNDARIES: Change of. The county superintendent may 
 on appeal, redistrict. A refusal by the board to act upon a petition to 
 redistrict is an act from which an appeal will lie. 
 
 In September, 1866, plaintiff and others presented to defendants a 
 petition to redistrict the township; and a motion was adopted to "re- 
 district the township as they thought best for the interests of the 
 
SCHOOL LAW DECISIONS. 27 
 
 C. D. Flynn v. District Township of Whitebreast. 
 
 township and of the people." At a special meeting held in Novem- 
 ber to carry out that action, the former motion was reconsidered, and 
 a motion adopted to let the boundaries of the subdistricts remain as 
 they were. From this decision of the township board, plaintiff ap- 
 pealed to the county superintendent, who dismissed the case on the 
 ground that the board, having made no change in the subdistrict 
 boundaries, there was no action to appeal from, the plaintiff was not 
 aggrieved, and hence the county superintendent had no jurisdiction. 
 
 The question of the jurisdiction of the county superintendent in 
 this case, is the only one which requires examination. 
 
 The counsel for appellees confine their argument to two points: 
 
 The county superintendent has no jurisdiction, either original or 
 appellate, over the question of fixing or changing the boundary lines 
 of subdistricts. 
 
 If the county superintendent has appellate jurisdiction to review 
 the action of the board in changing or fixing said boundary lines, yet 
 he could not exercise it in this case, for the reason that there was no 
 action of the board from which an appeal would lie. 
 
 The first point is based on section 31, chapter 1, of the school laws 
 now in force. Preceding sections define the powers of the board ; 
 but said section 31 contains limitations of those powers. One of the 
 limitations is "nor shall the boundaries of subdistricts be changed 
 except by a vote of the majority of the board." This, when taken in 
 connection with the context, evidently means, merely, that when a 
 change in subdistrict boundaries is made by the board, said change 
 must receive the sanction of a majority of all the members of the 
 board, and is not intended to deny, neither does it deny, the appellate 
 jurisdiction of county superintendents in the change of subdistrict 
 boundaries. Of course it is not true, neither is it claimed, that super- 
 intendents have original jurisdiction in making such change. 
 
 In the discussion of the second point, by the substitution of the 
 word "action" for the terms *' decision or order" used in the law, and 
 ingeniously attaching to that word a signification of something done 
 beyoud the mere adoption of a resolution, such, for instance, as the 
 actual redistrictyig of the township, the counsel make a very plausi- 
 ble argument, in which it is clearly seen that no one could be ag- 
 
28 SCHOOL LAW DECISIONS. 
 
 C. D. Flynn v. District Township of Whitebreast. 
 
 grieved by an act when no act was done, hence, there was no ground 
 for appeal. 
 
 But the language of the law is that " any person aggrieved by any 
 decision or order" of the board may appeal. Was there a "decision 
 or order" made by the board, and was any person aggrieved thereby? 
 It appears from the transcript v of the secretary, that the board did de- 
 cide to " let the subdistrict boundaries remain as they were," and 
 passed a motion or "order" to that effect. The action of the board in 
 November, though virtually merely an order of refusal, is proper 
 ground for appeal, provided any person was aggrieved thereby ; and 
 in this decision I am sustained by the opinion of the attorney-general. 
 
 It only remains to inquire whether any person might have been ag- 
 grieved by this action of the board. The affidavit of the plaintiff 
 sets forth that "a larger number of subdistricts and school-houses are 
 imperatively demanded to accommodate the children of the district"; 
 and in the hearing before the county superintendent, plaintiff re- 
 quested an opportunity to introduce evidence to that effect. 
 
 Facilities for the education of children are among the most highly 
 cherished privileges enjoyed by intelligent citizens; and it may easily 
 be conceived that persons may be aggrieved by a refusal to grant such 
 facilities as are "imperatively demanded." 
 
 The county superintendent erred in sustaining the motion to dis- 
 miss; and the case is therefore remanded for a hearing upon its mer- 
 its. In the event that the finding shall be for the plaintiff, the county 
 superintendent may himself redistriot the township, as justice, equity 
 and the interests of the people require. 
 
 REVERSED. 
 
 D. FRANKLIN WELLS, 
 Superintendent of Public Instruction. 
 
 April 19, 1867. 
 
SCHOOL LAW DECISIONS. 29 
 
 Maria L. Dougherty v. L. D. Tracy, County Superintendent. 
 
 MARIA L. DOUGHERTY v. L. D. TRACY, COUNTY SUPERINTENDENT. 
 Appeal from Grundy County. 
 
 1. REVOCATION OF TEACHER'S CERTIFICATE. The order of a county su- 
 
 perintendent revoking a certificate will not be interfered with on appeal 
 unless it appears that he acted from passion or prejudice. 
 
 2. - . Opinions unsupported by facts cannot be received as satisfactory 
 
 evidence of prejudice. 
 
 April 1, 1867, L. D. Tracy, superintendent of common schools 
 for the county of Grundy, revoked the certificate of Maria L, Dough- 
 erty, a teacher of said county, on the alleged ground of incompetency 
 to properly govern and control a school. A notice of the revocation 
 made out in due form, was served upon the secretaries of the several 
 district townships; but no notice of the revocation was served by the 
 superintendent on the plaintiff. 
 
 The plaintiff appealed to the superintendent of public instruction, 
 who by circular of May 15, 1867, directed that the case should be 
 heard by the county superintendent. Such hearing took place June 
 7, 1867. During the examination twenty-three persons, patrons and 
 pupils, testified to the good order of the school, and the general good 
 character and reputation of the plaintiff as a teacher. Fourteen per- 
 sons made affidavit that they believed plaintiff's certificate was re- 
 voked from personal prejudice. 
 
 One witness called by the defense testified that the school was not 
 governed as well as it might have been; that he several times heard 
 cursing and swearing on the school grounds at noon and recess. Three 
 persons testified that they did not believe the superintendent revoked 
 plaintiff's certificate from prejudice or passion. Nineteen persons 
 certified that they believed Mr. Tracy to be a competent and impir- 
 tial officer, and free from any malicious administration. 
 
 The county superintendent, disregarding the weight of evidence in 
 regard to the plaintiff's qualifications, affirmed his previous decision 
 revoking plaintiff's certificate, and certified that the act was done with- 
 
30 SCHOOL LAW DECISIONS. 
 
 Maria L. Dougherty v. L. D. Tracy, County Superintendent. 
 
 out prejudice or passion toward the plaintiff, and that he was impelled 
 to that conviction, which was the result of personal observation and 
 knowledge, that plaintiff was incompetent to govern a school prop- 
 erly. 
 
 From that decision the plaintiff appeals. 
 
 If this case could be determined by the weight of evidence in regard 
 to the plaintiff's ability to govern a school properly the decision would 
 be in plaintiff's favor. But there are other elements for consideration. 
 The county superintendent is clothed with large discretionary powers. 
 So great has this discretion been regarded that it has been held by 
 previous incumbents of the office of superintendent of public instruc- 
 tion that the refusal to grant a teacher's certificate or the revocation 
 of such certificate by a county superintendent was an 1 act so wholly 
 discretionary that it was not subj ect to revision. The circular of May 
 15, 1867, from this department, maintaining the right of appeal in 
 such cases was not intended to curtail the discretionary power of 
 county superintendents, but to point out a way in which its abuse 
 might be corrected. 
 
 In the absence of special statutory provisions in regard to the man- 
 ner of hearing appeals, it is presumed that general principles are ap- 
 plicable. 
 
 It may not be amiss at this time to enunciate some general princi- 
 ples which will be observed in the adjudication of this and similar 
 cases. 
 
 I. The discretion of a county superintendent in refusing or revok- 
 ing a teacher's certificate will not be interfered with by the superin- 
 tendent of public instruction unless it is clearly shown that the county 
 superintendent in such act violated the law in letter or spirit, or was 
 influenced by passion or prejudice. This position is believed to be 
 correct in the light of both principle and public policy. The general 
 rule is, "the supreme court will not interfere with the decisions of the 
 district court in cases where the latter has a discretionary power, un- 
 less it is fully apparent that such power has been abused." Ham- 
 mond's Iowa Digest, page 65. Numerous cases might be cited in 
 support of this rule, but such citations are deemed unnecessary. The 
 county superintendent is presumed to be selected from among his 
 fellow citizens on account of his ability to exercise a sound discretion 
 
SCHOOL LAW DECISIONS. 3j[ 
 
 Maria L. Dougherty v. L. D. Tracy, County Superintendent. 
 
 in the discharge of the important duties of his office. He is bound 
 by a solemn oath to discharge his trusts with fidelity. He is on the 
 ground and has a personal knowledge of the circumstances. He ean 
 judge of the educational requirements of his county better than an- 
 other person, scores of miles distant. In his examination of teachers 
 and in his visits to their schools he can judge of the teacher's com- 
 parative and actual merit and ability better than those who have less 
 extended opportunities for observation. He is responsible to his con- 
 stituents for the manner in which his duties are performed. His official 
 acts may be reviewed and modified or annulled by the superintendent 
 of public instruction. Frequent interference with the discretion of 
 county superintendents would tend to bring their authority into con- 
 tempt, and unsettle the foundations of our school system. While, 
 then, the right to review an abuse of discretion is reserved, and the 
 right to reverse an illegal decision maintained, the discretion of county 
 superintendents will not be interfered with unless such interference 
 is necessary to secure justice or vindicate law. 
 
 II. The proof of the violation of law, or of the influence of passion 
 or prejudice in the performance of official duty must be clear and con- 
 vincing. Mere opinion, unsupported by facts, is insufficient to estab- 
 lish the allegation of passion or prejudice. "As a general rule, wit- 
 nesses, unless experts, should state facts, not opinions." Whitmore v. 
 Bowmarii 4 G. Greene, (Iowa), 148. "Except when given by experts, 
 evidence of mere opinion is not competent, unless upon some controll- 
 ing ground of necessity: resulting from the nature of the inquiry." 
 Dahell v. City of Davenport, 12 Iowa, 437; Danforth, Dennis & Co. 
 v. Carter & May, 4 Iowa, 230. 
 
 In the light of these principles, which are believed to be correct 
 and proper, conclusions may be readily formed. 
 
 It is held that it is not necessary for the county superintendent to 
 notify the plaintiff of his intention to revoke her certificate before 
 taking such action; neither does the law require him to serve a copy 
 of the revocation upon the plaintiff, subsequently. Courtesy and pro- 
 priety, however, would dictate that the teacher should receive imme- 
 diate notice of the revocation from the county superintendent. 
 
 The rulings of the county superintendent on the admission of evi- 
 
32 SCHOOL L^W DECISIONS. 
 
 Maria L. Dougherty v. L. D. Tracy, County Superintendent. 
 
 dence have no material effect on the final decision of the case, henoe 
 the exceptions of the plaintiff thereto are passed over.* 
 
 The revocation of a teacher's certificate is adjudged to be an act of 
 discretion on the part of the county superintendent, which will not 
 be interfered with, without satisfactory proof of illegality or of prej- 
 udice. 
 
 In this case, while the weight of testimony is favorable to plaintiff's 
 qualification, and opinion is conflicting in regard to prejudice, there 
 is not a single fact adduced in the testimony upon which the theory 
 of prejudice can be based. On the other hand the county superin- 
 tendent headed a subscription to pay plaintiff's board, and was the first 
 to pay said subscription. During the term he told the subdirector 
 that the plaintiff must be sustained in her government of the school 
 at all hazards; and these facts indicate the absence of prejudice. The 
 mere opinion of witnesses, unsupported by facts, cannot be received 
 as satisfactory evidence of prejudice. 
 
 Some embarrassment is experienced in this case from the circum- 
 stance that the plaintiff belongs to that gentler sex to which we are all 
 educated to do homage, and the idea is largely prevalent that they 
 are not amenable to law in an equal degree with the opposite sex; but 
 having a high regard for the rights of women, we dare not pervert 
 law even to shield them from its operation. We are therefore com- 
 pelled to affirm the decision of the county superintendent. 
 
 AFFIRMED. 
 
 D. FRANKLIN WELLS, 
 Superintendent of Public Instruction. 
 
 October 1, 1867. 
 
SCHOOL LAW DECISIONS. 33 
 
 Benjamin Smith v. District Township of Coffin's Grove. 
 
 BENJAMIN SMITH v. DISTRICT TOWNSHIP OF COFFIN'S GROVE. 
 Appeal from Delaware County. 
 
 1. PROCEEDINGS. In the absence of proof to the contrary, the legal pre- 
 sumption is that the proceedings before the county superintendent were 
 entirely regular. 
 
 2. EXPLANATORY NOTES: Force of. Notes to the school law, while proper 
 aids to school officers, have not the binding force of law, and a non- 
 compliance with them is not necessarily a violation of law. 
 
 On the petition of the electors of subdistriot number one, Coffin's 
 Grove district township, the board thereof located the site of a 
 proposed new school-house "just east of the burying ground, on 
 the right hand side of the road, adjoining the corner of Mr. Brook's 
 field." From this action plaintiff appealed to the county superin- 
 tendent on the 25th of March, by whom the case was heard April 
 19,G1867. On the 13th of June the county superintendent issued 
 an order re-locating the site three-fourths of a mile further south, 
 and at or near the center of the subdistrict. From this order an 
 appeal is taken, and thus the case comes up for review. 
 
 The appellants claim a reversal of the county superintendent's de- 
 cision on the ground: 
 
 1. That the county superintendent had no jurisdiction in the 
 matter. 
 
 2. That the county superintendent erred in not taking the deposi- 
 tions of witnesses in writing and having the same signed and sworn 
 to by the witnesses. 
 
 3. That the county superintendent erred in not making up his 
 record at the time of the trial. 
 
 4. On the merits of the case. 
 
 The denial of the county superintendent's jurisdiction is based on 
 the fact that the original affidavit does not state that the appeal was 
 taken within thirty days of the action of the board complained of, 
 and reference is made to page 57 of "explanatory notes," in which it 
 is stated that this fact should appear, though there is no such specific 
 5 
 
34 SCHOOL LAW DECISIONS. 
 
 Benjamiu Smith v. District Township of Coffin's Grove. 
 
 requirements in "An act to provide for appeals." The question natur- 
 ally arises as to the legal force of these " explanatory notes." Have 
 they the effect of statutory provisions, or otherwise? While the right 
 of every tribunal to establish rules and regulations not inconsistent 
 with law, must be admitted, these " explanatory notes " made by the 
 superintendent of public instruction are not legal enactments, nor 
 " rules and regulations," and so far from being mandatory in their 
 character are merely advisory and directory, and intended for the 
 assistance and guidance of school officers. They are a commentary 
 on the school law; and as they are replete with good common-sense 
 suggestions, their observance will render the administration of the 
 school law more accurate and satisfactory; but a non-compliance with 
 them is not necessarily a violation of law. 
 
 It must be admitted that an affidavit which does not state the date 
 of the decision or act complained of is very carelessly drawn, and a 
 superintendent might be justified in refusing to entertain it; but if 
 it be entertained, it is still competent for the opposite party to show 
 that the thirty days allowed by law had expired previous to the filing 
 of the affidavit, and thus secure the dismissal of the case. The law 
 gives the superintendent jurisdiction within thirty days, and the state 
 superintendent could not by any rule or regulation annul the statutory 
 provisions. It is not even claimed by appellants that the time for 
 taking appeal had expired, and the date of petitions submitted to the 
 board indicate that it had not expired. In the absence of proof to 
 the contrary, the legal presumption is that the proceedings before the 
 Bounty superintendent were entirely regular, and therefore the juris- 
 diction of the superintendent must be sustained. 
 
 The second and third errors assigned by appellants are also based 
 on "explanatory notes" instead of upon the law, and cannot be sus- 
 tained for reasons previously given. While there were things in the 
 management of this case from which we must withhold our commen- 
 dation; as there seems to have been a substantial compliance with'the 
 law, we do not feel justified in dismissing it without an examination 
 of its merits. 
 
 The county superintendent gave due notice of the hearing in writ- 
 ing to all the electors of the subdistrict. On the day of hearing sev- 
 eral persons appeared, but no "evidence on either side was offered," 
 
SCHOOL LAW DECISIONS. 35 
 
 Jcfeeph F. Edwards et al. v. District Township of West Point. 
 
 except the original affidavit of Benjamin Smith. The record of the 
 county superintendent goes on to say: "But to satisfy myself in 
 regard to the number of inhabitants that would be accommodated 
 best by the site remaining where it is at present located by said 
 board," Nelson Bly, James McBride and Harry Baker were sworn. 
 "Nelson Bly stated that about thirty families lived in said subdistrict, 
 and that only about one third would be accomodated by the site 
 remaining where it is at present located by said board. James Mo- 
 Bride corroborated the statements made by Nelson Bly." After 
 Henry Baker was sworn "so much confusion and controversy arose*' 
 that it was found "almost impossible to preserve order," and the 
 superintendent "proceeded to view the different sites." 
 
 Among the papers sent up by the district secretary were two peti- 
 tions to the board, one signed by fifteen persons asking that the site 
 should be located "at or near the corner of Mr. Brook's field;" the 
 other signed by twenty-three persons, asking that the site be "estab- 
 lished as near as practicable in the center of the subdistrict." 
 
 In view of the facts before us we cannot do otherwise than sustain 
 the county superintendent, whose decision is 
 
 AFFIRMBD. 
 
 D. FRANKLIN WELLS, 
 Superintendent of Public Instruction. 
 
 December 16, 1867. 
 
 JOSEPH F. EDWARDS et al. v. DISTRICT TOWNSHIP OF WEST POINT. 
 
 Appeal from Lee County. 
 
 1. APPEAL. The right of appeal is not limited to cases of personal griev- 
 ance. 
 
 2. DISCRETIONARY ACTS. The county superintendent having only appel- 
 late jurisdiction, should not reverse discretionary acts of the board, 
 without explicit and clearly stated proof of the abuse of such discretion, 
 even though not fully approving their action. 
 
36 SCHOOL LAW DECISIONS. 
 
 Joseph F. Edwards et al. v. District Township of West Point. 
 
 3. SUBDISTRICT BOUNDARIES: Change of. The acts of a board changing 
 subdistrict boundaries and locating school-houses are so far discretion- 
 ary that they should be affirmed on appeal, unless it is shown that there 
 has been an abuse of discretion. 
 
 September 16, 1867, the board of the district township of West 
 Point, Lee county, transferred one hundred and twenty acres of land 
 belonging to one Timothy Allen, from subdistrict number one to sub- 
 district number three, in the same district township. From this 
 alteration of subdistrict boundaries, Joseph F. Edwards et al. ap- 
 pealed to the oaunty superintendent, by whom the order of the board 
 was reversed. From this decision of the county superintendent, 
 Timothy Allen appeals to the superintendent of public instruction. 
 
 It is not claimed that the board exceeded their powers in changing 
 boundary lines, or in any respect violated law. While equality 
 among the several subdistricts, in area, population, and taxable prop- 
 erty, is in some respects desirable, it is not required by law, and in 
 fact is impracticable. The claim in the argument of appellees that 
 the action of the board was necessarily wrong, because it had the 
 effect to increase the inequality in some or all of these respects, is 
 not well founded. It is an element which should receive proper con. 
 sideration, but it will not always exercise a controlling influence. 
 
 Mr. Nourse, in his argument for appellant, claims that "no right 
 of appeal existed in the plaintiffs who took the case to the county 
 superintendent"; hence, the county superintendent was without juris- 
 diction. He claims that to entitle a person to the right of appeal 
 the grievance must be of a personal character one that effects the 
 rights or interests of the individual as distinguished from the public. 
 In support of this view he refers to the following decisions by our 
 supreme court: Humphrey v. JBall, 4 G. Greene, 204; Myers v. 8imms> 
 4 Iowa, 500; McCune v. Swafford, 5 Iowa, 552; Lippencott v. Allander, 
 23 Iowa, 536. In all of these cases it is held that there is no appeal 
 from the county court or the board of supervisors, unless the griev- 
 ance is of a personal or individual character as distinguished from 
 the public; and hence by analogy it is claimed that there is no appeal 
 from the board of school directors unless the grievance is of a like 
 character. If the right of appeal in the two cases was derived from 
 the same statute, the decisions cited above would be conclusive. But 
 these decisions are based upon section 267, Revision of 1860, in which 
 
SCHOOL LAW DECISIONS. 37 
 
 Joseph F. Edwards et al. v. District Township of West Point. 
 
 the right of appeal is limited to " any matter affecting the rights or 
 interests of individuals as distinguished from the public," etc.; while 
 appeals to county superintendents are based on section 2133, Revis- 
 ion 1860, which provides that "any person aggrieved by any decis- 
 ion or order of the district board of directors in matter of law or 
 fact," may appeal, etc. 
 
 As section 2133 does not limit the right of appeal in cases of per- 
 sonal grievance, the decisions cited have no application in the case 
 under consideration. 
 
 The important point upon which the issue in this case must turn 
 remains to be stated. The meeting at which the change of subdis- 
 trict boundaries was made was attended by six of the eight members 
 of the board, and after a full discussion of the proposed change and 
 an examination of plats of the district, the change was made by 
 unanimous vote, and subsequently approved by one of the absent 
 members. The remaining subdirector, who resides in the subdistrict 
 from which the territory was taken, opposes the change. It is not 
 claimed that the law was violated in the change, but only that the 
 educational interests of the district were impaired. 
 
 The question is not so much one of law as of sound judgment and 
 discretion. The change was approved by seven of the eight members 
 of the board, who reside in different parts of the township, six of 
 whom at least are absolutely without personal interest in the matter. 
 It is opposed by one whose pecuniary interests are contingently ad- 
 versely affected. The county superintendent opposes his judgment 
 to the judgment of the board. What, in such a case, is the duty of 
 the ultimate tribunal. 
 
 The superintendent of public instruction has, as in duty bound, an 
 earnest desire to sustain the acts and decisions of county superintend- 
 ents. The legal presumption is always in favor of the correctness of 
 official acts and decisions. While the state superintendent applies 
 this principle to county superintendents, it is equally incumbent upon 
 them to apply it to the decisions or orders of district boards of direct- 
 ors. It not unfrequently happens that county superintendents decide 
 appeal cases upon their own judgment and discretion as if they had 
 original, instead of appellate jurisdiction; and fail to give that con- 
 sideration to the discretion of district boards, which the above prin- 
 ciple requires. 
 
38 SCHOOL LAW DECISIONS. 
 
 Joseph F. Edwards et al. Y. District Township of West Point. 
 
 The law prescribing the duties of boards of directors is, in some 
 respects, mandatory, requiring that certain specified duties shall be 
 performed in a particular manner. In other cases, the board acts as 
 a local legislature, and its action is discretionary. Among these dis- 
 cretionary powers, though not including all of them, are the estab- 
 lishment and change of subdistrict boundaries and the location of 
 school-houses. It has been doubted by some whether an appeal to the 
 county superintendent, from acts of the board wholly discretionary, 
 would lie. While the right of appeal in such cases is maintained, the 
 real character should not be lost sight of; and the action of the board 
 within the limits of the law should not be reversed unless it is evident 
 that it acted with passion, prejudice, or manifest injustice. It is a 
 general principle in law that the exercise of discretionary power will 
 not be interfered with unless it is fully apparent that such power has 
 been abused. For further remarks on discretionary power and the 
 manner of proving its abuse, reference is made to the case of Dough- 
 erty v. Tracy, county superintendent. 
 
 In changing subdistrict boundaries, and locating school-houses, the 
 law gives the board of directors original jurisdiction, and as it is dis- 
 cretionary power the action of the board should be affirmed on appeal, 
 unless it is fully apparent by the evidence that the board violated law 
 or abused its discretion. If there is reasonable doubt the board is enti- 
 tled to its benefit. The action of the board may not be wholly approved 
 by the judgment of the county superintendent, but if it be not illegal 
 or clearly unjust it should be sustained. When, however, county su- 
 perintendents feel called upon to reverse decisions of school boards, 
 they should give a clear and explicit statement of their reasons for so 
 doing, that the superintendent of public instruction may be the better 
 enabled to judge of the soundness of their conclusions. 
 
 These general remarks have been made with a view to guide county 
 superintendents in their decisions, as well as to indicate some of the 
 principles which will be observed by the superintendent of public in- 
 struction in the adjudication of similar cases. 
 
 In the particular case under consideration, the board of directors, 
 with unusual unanimity, performed a discretionary act. It is not 
 claimed that this act was illegal or the board was influenced by im- 
 proper motives. It is not satisfactorily proven that the act was 
 
SCHOOL LAW DECISIONS. 39. 
 
 James C. Smith v. District Township of Maquoketa. 
 
 unjust. In our opinion, the evidence does not sustain the county 
 superintendent in annulling the order of the board, and his decision 
 is therefore 
 
 REVERSED. 
 
 D. FRANKLIN WELLS. 
 Superintendent of Public Instruction. 
 February 15, 1868. 
 
 JAMES C. SMITH v. DISTRICT TOWNSHIP OP MAQUOKETA. 
 Appeal from Jackson County. 
 
 1. AFFIDAVIT. The affidavit may be amended when such action is not 
 
 prejudicial to the rights of any party interested. 
 
 2. COUNTY SUPERINTENDENT. May upon appeal create subdistrict. 
 
 At the regular semi-annual meeting of the board of directors of the 
 district township of Maquoketa, in September, 1867, Jacob Markle and 
 twenty-seven others presented a petition, asking that all of that portion 
 of subdistrict number five, lying south of the Maquoketa river, should 
 be set off into a separate subdistrict. The prayer of the petition was 
 refused, whereupon James C. Smith, one of the petitioners, appealed 
 to the county superintendent, who reversed the action of the board 
 and created a new subdistrict south of the river. From this decision 
 D. F. Farr and E. H. Patterson appealed to the state superinten- 
 dent. 
 
 The evidence discloses the following facts: Subdistrict number five 
 is divided by the Maquoketa river into two nearly equal portions, the 
 school-house being situated on the north side of the river. Said river 
 is a navigable stream, the only means of crossing it being the ice in 
 winter and a ferry in summer. It is subject to freshets, and obstruc- 
 tions from ice, so as to be impassable for days in succession. The 
 weight of evidence shows the river to be such an obstruction that 
 children cannot, with reasonable facility, enjoy the advantages of a 
 school on the opposite side from that on which they reside. That 
 this difficulty was recognized by the board is evidenced by the fact 
 
40 SCHOOL LAW DECISIONS. 
 
 James C. Smith v. District Township of Maquoketa. 
 
 that an appropriation of forty dollars was made last summer to sup- 
 port a school in that part of the subdistrict south of the river. Some 
 children have never attended school north of the river because their 
 parents consider the crossing of the river fraught with danger. 
 The appellant assigns three errors: 
 
 1. The insufficiency of the affidavit of J. C. Smith, and the conse 
 quent want of jurisdiction by the county superintendent. 
 
 2. That the county superintendent permitted said affidavit to be 
 amended on the day of trial, thus admitting its insufficiency. 
 
 3. That the county superintendent divided said subdistrict num- 
 ber five into two subdistricts. 
 
 The system of appeals to county superintendents was inaugurated 
 to provide a speedy and inexpensive method of adjusting difficulties 
 arising in the administration of school laws. From the fact that 
 many of the cases arising are prosecuted by the parties interested 
 without the intervention or assistance of lawyers, no very stringent 
 rules of practice ha ye been adopted. The object of this system of 
 appeals is to promote uniformity in the operation of school laws, and 
 the attainment of substantial justice; and this object should not be 
 defeated by technical objections. 
 
 While the affidavit of said Smith was not as full as it is customary 
 to make such papers, it yet had such completeness as enabled the 
 county superintendent to obtain a transcript of the proceedings of 
 the board relating to the alleged grievance; and the ruling of the 
 county superintendent on the first two points is sustained. It is 
 neither intimated nor believed that the irregularities complained of 
 prejudiced the interests of appellants. 
 
 The law imposes equal burdens upon all property in the township 
 for contributions to the teachers fund and the contingent fund, and 
 it contemplates that all the youth of the state shall enjoy as nearly 
 as practicable equal educational facilities. The county superintend- 
 ent, by his appellate jurisdiction, had power to create the new subdis- 
 trict. As by the evidence, the youth south of the river could not 
 with reasonable facility enjoy the advantages of a school on the north 
 side the county superintendent was justified in interfering with the 
 
SCHOOL LAW DECISIONS. 41 
 
 8. L. Curry v. District Township of Franklin. 
 
 discretionary powers of the board, and in establishing a new subdis- 
 trict south of the river. 
 
 AFFIRMED. 
 D. FRANKLIN WELLS, 
 
 Superintendent of Public Instruction. 
 February 15, 1868. 
 
 S. L. CUERY v. DISTRICT TOWNSHIP OF FRANKLIN. 
 
 Appeal from Decatur County. 
 
 1. COUNTY SUPERINTENDENT. Has no jurisdiction of an appeal until an 
 affidavit is filed. 
 
 2. AFFIDAVIT. An affidavit is a statement in writing, signed and made 
 upon oath before an authorized magistrate. 
 
 3. NOTICE. The county superintendent should not issue notice of final 
 hearing until both the affidavit and transcript of the district secretary 
 have been filed in his office. 
 
 4. DISCRETIONARY ACTS. May be reversed on appeal, but should not be 
 disturbed except upon evidence of unjust exercise or abuse. 
 
 December 16, 1867, at a special meeting of the board, a vote to 
 change the boundaries of subdistricts in the district township of 
 Franklin, Decatur county, so as to form a new subdistrict in accord- 
 ance with the prayer of petitioners, resulted in a tie. From this 
 virtual refusal to act, S. L. Curry appealed to the county superintend- 
 ent, who on the 31st of the same month formed a new subdistrict. 
 
 Appellant alleges in his affidavit that the county superintendent 
 assumed jurisdiction of this case without warrant of law; that there 
 never was " at any time an affidavit or any other statement in said 
 appeal case filed in the office of" the county superintendent; hence 
 the want of jurisdiction. 
 
 The "act to provide for appeals," section two, provides that "The 
 basis of proceeding shall be an affidavit, filed by the party aggrieved, 
 with the county superintendent, within the time allowed for taking 
 the appeal." An affidavit is a statement in writing, signed and made 
 
 6 
 
42 SCHOOL LAW DECISIONS. 
 
 S. L. Curry v. District Township of Franklin. 
 
 upon oath before an authorized magistrate. A county superintendent 
 can have no proper jurisdiction of an appeal case until such affidavit 
 has been filed. A notice of intention to file an affidavit, a verbal 
 complaint, or a petition, is not sufficient to give the county superin- 
 tendent jurisdiction in appeal cases. The affidavit setting forth "the 
 errors complained of in a plain and concise manner" must be in his 
 hands before he is justified in commencing proceedings. The deci- 
 sion of the superintendent recites that the affidavit was filed Decem- 
 ber 21, which might be taken as conclusive, if it was not contradicted 
 by the record. The transcript shows that said affidavit was not sub- 
 scribed and sworn to until December 28, hence we do not clearly see 
 how it could have been filed on the 21st. 
 
 December 24, four days before the affidavit was made, and which 
 appellant alleges was never filed with the superintendent, said super- 
 intendent gave notice to the parties that the hearing would take 
 place on the 30th. This proceeding, as an appeal case, was entirely 
 unauthorized by law; and as he commenced proceedings in disregard 
 of the plain provisions of law and without legal jurisdiction, his de- 
 cision is annulled. In may be said, and not without authority, that 
 as both parties responded to the notice, and came before the superin- 
 tendent, that he thereby acquired jurisdiction; but we feel unwilling 
 to sanction disregard of law by approving such great irregularities. 
 
 Without touching the real merits of the question at issue, the 
 formation of a new subdistrict, which we are willing to leave to the 
 local authorities, we refer briefly to a few points of law raised by 
 appellants: 
 
 1. The county superintendent should not issue notice of final hear- 
 ing until both the affidavit and the transcript of the district secretary 
 have been filed in his office. 
 
 2. The law does not require that a revenue stamp shall be affixed 
 to an affidavit; hence the neglect to cancel such stamp when affixed is 
 immaterial. 
 
 3. Though the change of subdistrict boundaries by the board is a 
 discretionary act, it may be reviewed by the county superintendent, 
 on appeal; but the decision of the board should not be disturbed 
 unless said discretionary power has been abused or exercised un- 
 justly. 
 
SCHOOL LAW DECISIONS. 
 
 43 
 
 C. S. Gordon v. District Township of Brown. 
 
 4. The county superintendent should have received the remon- 
 strances offered on trial in evidence, and exercised his judgment as 
 to their weight and value. 
 
 REVERSED. 
 
 D. FRANKLIN WELLS, 
 Superintendent of Public Instruction. 
 March 26, 1868. 
 
 C. S. GORDON v. DISTRICT TOWNSHIP OP BROWN. 
 
 Appeal from Linn County. 
 
 \. DISTRICT TOWNSHIP. Should not ordinarily contain more than nine 
 subdistricts. 
 
 2. COUNTY SUPERINTENDENT. Should not reverse an action of the board 
 
 which is in accordance with instructions of the superintendent of public 
 instruction. 
 
 3. SUBDISTRICT: Size of. There are serious objections to the formation of 
 
 small subdistricts. 
 
 The board of the district township of Brown, Linn county, Iowa, 
 at a meeting held February 8, 1868, and attended by all the members 
 of the board, except one, voted unanimously to redistrict the district 
 township, and to relocate school-house sites in accordance with a de- 
 cision of the superintendent of public instruction, rendered January 
 18, 1868, and in accordance with a plat submitted. From the action 
 of the board in this matter Charles S. Gordon appealed to the super- 
 intendent, by whom the case was heard March 12, 1868, and whose 
 decision, rendered the following day, reversed the action of the board, 
 on the ground of alleged non-compliance with the decision of the 
 superintendent of public instruction, as rendered on the said January 
 28, 1868, in the case of Gordon v. District Township of Brown. 
 
 The decision of the superintendent of public instruction above 
 referred to, was provisory. It declared that if the board of directors 
 should promptly make certain changes therein indicated, that the 
 decision of the county superintendent, made November 12, 1867, 
 
44 SCHOOL LAW DECISIONS. 
 
 C. S. Gordon v. District Township of Brown. 
 
 forming a new subdistrict, should be void; otherwise, in full force 
 and effect. It required that school-house sites should be selected "at 
 or near" certain points named; thus giving the board limited discre- 
 tion in their location, and full discretion in regard to the boundaries 
 of subdistriots. In one instance, a site was selected about one-fourth 
 of a mile from the point indicated; but as the plat showed that it was 
 at the crossing of two roads, and that is was nearer the center of the 
 flubdistrict as established by the board, this variation was approved. 
 The other sites selected by the board did not vary from the points 
 indicated in the decision. The changes made by the board on the 
 said eighth day of February, were submitted to the superintendent of 
 public instruction, who, March 3, gave them his official sanction and 
 approval. 
 
 Mr. Gordon's appeal was based principally upon the fact that one 
 of the sites, as explained above, was not at the precise point indicated 
 by the decision of the superintendent of public instruction; and 
 hence, as the board had not strictly complied with the proviso of said 
 decision, the decision of the county superintendent, made November 
 12, 1867, establishing a new subdistrict, was in full force and effect, 
 and should have been regarded by the board. 
 
 In support of its action the board offered in evidence the official 
 approval of the superintendent of public instruction; this, however, 
 was ruled out by the county superintendent, on the alleged ground 
 that it was "ex parte testimony" obtained by one party after the in- 
 auguration of the appeal, without notice to the other party. In this 
 ruling the county superintendent erred. The decision of the super- 
 intendent of public instruction being provisory, it was competent for 
 him to confirm the subsequent action of the board in relation thereto, 
 and to determine whether the location of sites made was, under the 
 circumstances, a sufficient compliance with the decision. The phrase 
 "at or near" implied that there might be a variation from the precise 
 point named, and when this variation was officially approved, it was 
 binding upon the county superintendent. 
 
 The provisory decision of January 28, permitted the board to exer- 
 cise all the discretionary power in redistricting which the law con- 
 fers. From their exercise of this power, also, the plaintiff appeals. 
 The record shows that there are now ten subdistricts in Brown dis- 
 
SCHOOL LAW DECISIONS. 45 
 
 C. S. Gordon v. District Township of Brown. 
 
 trict township ; but the plaintiff wishes another formed which shall 
 contain only one and one-fourth sections. In our opinion there are 
 serious objections to the formation of small subdistricts. The~Bmall 
 number of children and small amount of taxable property which they 
 will usually contain, will insure but a feeble support for the schools. 
 Cheap teachers, short terms of school, and poor schools will inevita- 
 bly result. Not every man can have a public school in his own im- 
 mediate neighborhood. It is better that children should go a little 
 farther, and have a good school when one is reached. Except in pe- 
 culiar circumstances, we doubt whether there ever ought to be more 
 than nine subdistricts in any district township of ordinary size, and 
 it might be better to have only six. A school centrally located on 
 every four or six sections of land, would afford reasonable facilities 
 to all. Even in populous districts, it would be better to increase the 
 size of the schools and have more than one teacher if necessary than 
 to adopt the disastrous policy of subdivision. 
 
 The county superintendent in his lengthy argument in support of 
 his decision, dwells upon some slight discrepancies in the secretary's 
 transcript. At a meeting of the board, February 8, it appears that a 
 motion was made to "proceed to redistrict," etc. One transcript says 
 this motion carried ; the other omits such a statement. The county 
 superintendent alleges that it was carried "by only one vote." Whether 
 it carried or not is, under the circumstances, entirely immaterial ; as 
 a motion was subsequently unanimously adopted, the yeas and nays 
 being called, to adopt a certain plat on which the changed boundaries 
 of the subdistricts were marked, and the school-house sites indicated. 
 This was the important vote of the meeting, and in regard to its 
 adoption there is no question. Even admitting that one man did not 
 vote for it as claimed, there was still left more than the legally required 
 number of votes. But the integrity of an official record cannot be 
 impeached by any such collateral proceeding. It was error to admit 
 evidence contradicting the record. 
 
 The board of directors had full discretionary powers in the matter 
 of redistricting the township district, and the manner in which they 
 exercised this power was a proper subject of review by the county 
 superintendent on appeal. At the time the plaintiff's affidavit was 
 filed, the county superintendent had no knowledge that the acts of 
 
SCHOOL LAW DECISIONS, 
 
 Ellas Sipple v. District Township of Lester. 
 
 the board on said 8th day of February had been approved by the 
 superintendent of public instruction, or that they would be so ap- 
 proved; he therefore properly assumed jurisdiction of the case. When 
 however, the action of the superintendent of public instruction be- 
 came known, the county superintendent should have been governed 
 by it, and he should have affirmed the action of the board of directors 
 or dismissed the case. 
 
 For reasons heretofore given, as well as upon the real merits of the 
 case, and to promote the educational interests of the district town- 
 ship at large, the decision of the county superintendent 
 
 REVERSED. 
 
 D. FRANKLIN WELLS, 
 Superintendent of Public Instruction. 
 June 8, 1868. 
 
 ELIAB SIPPLE v. DISTRICT TOWNSHIP OF LESTER. 
 Appeal from Slack Hawk County. 
 
 1. SUB DISTRICT BOUNDARIES: Change of. At the hearing of an appeal be- 
 fore the county superintendent it is competent for him, upon his own 
 motion, to call additional witnesses to give testimony. 
 
 2. EVIDENCE: Parol. Cannot be received in the absence of allegations of 
 fraud, to contradict or impeach the validity of school district records. 
 
 3. EECORD. The board may at any time amend the record of the district, 
 when necessary to correct mistakes or supply omissions. And may, 
 upon proper showing, be compelled by mandamus, to make such correc- 
 tions. 
 
 At the regular meeting of the board of the district township of 
 Lester, held September 16, 1867, which was attended by four of 
 the seven members of the board, motions were made and seconded 
 for the creation of two new subdistricts whose boundaries were 
 described in the motions. In regard to the action on these motions 
 the record of the secretary contains merely the word " carried." At 
 a special meeting of the board, held February 15, 1868, the action 
 of the board in September in relation to the formation of new sub- 
 
SCHOOL LAW DECISIONS. 47 
 
 EliaS Sipple v. District Township of Lester. 
 
 districts was "reconsidered" and "rescinded." From the February ac- 
 tion Elias Sipple appealed to the county superintendent. During the 
 progress of the hearing, which took, place March 20, 1868, the-county 
 superintendent called upon one of the four members of the board that 
 attended the September meeting, who testified that he did not vote for 
 the motion to create a new subdistrict. As it thus appeared that the 
 new subdistricts were not established by a vote of a majority of all the 
 members of the board, as required by law; and as said September ac- 
 tion was rescinded at a full meeting of the board in February, the 
 county superintendent, considering the formation of the subdistricts 
 illegal and void, dismissed the appeal. From this decision Barney 
 Wheeler appeals to the superintendent of public instruction. 
 
 Appellant alleges substantially that the county superintendent 
 erred as follows: 
 
 1. In himself calling a witness to give testimony. 
 
 2. In receiving testimony to impeach the district record, which is 
 claimed to be valid and binding after thirty days. 
 
 3. In dismissing the appeal. 
 
 4. In not establishing the subdistricts. 
 
 The law requires the county superintendent to gwe a "just and 
 equitable" decision, and as the calling of additional witnesses may 
 sometimes enable him to discharge this duty more faithfully, his ac- 
 tion in this respect is sustained. 
 
 The second error assigned really includes two distinet points, which 
 will be considered separately; and first, in regard to the impeachment 
 of the district record. The law provides for an annual meeting of the 
 electors of the district township, and for semi-annual and special 
 meetings of the board of directors; also that "the secretary shall re- 
 cord all the proceedings of the board and district meetings in separate 
 books kept for that purpose." It is a general principle of law that 
 "oral evidence cannot be substituted for any instrument which the 
 law requires to be in writing, such as records, public documents," etc. 
 1 Greenleaf s Evidence, 86. "It is a well settled rule that, where 
 the law requires the evidence of a transaction to be in writing, oral 
 evidence cannot be substituted for that, so long as the writing exists 
 and can be produced; and this rule applies as well to the transactions 
 of public bodies and officers as to those of individuals." The People v. 
 
48 SCHOOL LAW DECISIONS. 
 
 Ellas Sipple v. District Township of Lester. 
 
 Zeyst, 23 N. Y., 142. In the case of Taylor v. Henry, 2 Pick. 397, the 
 supreme court of Massachusetts held that an omission in the records 
 of a town meeting could not be supplied by parol evidence. Chief 
 Justice Shaw, in discussing the case, said that it would be "dangerous 
 to admit such a proof." Mr. Starkie, in his valuable treatise on Evi- 
 dence, says: "Where written instruments are appointed either by the 
 immediate authority of the law or by the compact of the parties, to be 
 the permanent repositories and testimony of truth, it is a matter both 
 of principle and of policy to exclude any inferior evidence from being 
 used either as a substitute for such instruments or to contradict or 
 alter them; of principle, because such instruments are, in their own 
 nature and origin, entitled to a much higher degree of credit than that 
 which appertains to parol evidence; of policy, because it would be at 
 tended with great mischief and inconvenience, if those instruments 
 upon which men's rights depend were liable to be impeached and con- 
 troverted by loose collateral evidence." Starkie, part IV, page 995, 
 volume III, 3d Am. Ed. 
 
 The reason of the rule upon which the courts agree with such en- 
 tire unanimity applies with force in the case now under considera- 
 tion. The records of the district and board meetings contain a state- 
 ment of the regulations adopted, and the acts done in the exercise of 
 the powers with which the respective bodies are invested by the law. 
 They present to all the citizens of the district township, in a perma- 
 nent form, certain and definite information which could be obtained, 
 with equal certainty, in no other way. Memory is defective, but the 
 secretary records the transactions as they occur. The actors change 
 from year to year, but the record is permanent. And though the ad- 
 mission of oral testimony to alter a record or to supply an omission 
 therein might sometimes promote the attainment of justice, the prev- 
 alence of such a practice would result in more evil than good. It is 
 held, therefore, that in the absence of alleged fraud the county super- 
 intendent errs in admitting parol evidence to contradict or impeach 
 the record of the September meeting of the board. 
 
 In regard to the other part of the second point a few words will 
 suffice. The counsel for appellant urges that though the record of 
 the September meeting was imperfect, the lapse of thirty days made 
 the record valid and binding upon the district. It is true that the 
 
SCHOOL LAW DECISIONS. 49 
 
 Elias Sipple v. District Township of Lester. 
 
 right to take an appeal to the county superintendent expires after 
 thirty days; but I am unable to see how the lapse of time will vali- 
 date what was before invalid. The secretary is the proper custodian 
 of, the records of the school district, and before the record of the 
 proceedings of the board has been approved or adopted by the board, 
 the secretary may amend them by supplying omissions, or otherwise 
 correcting them. After they have been approved they may be 
 amended and corrected by direction of the board, even after the 
 lapse of thirty days. In Massachusetts a town clerk is permitted to 
 amend the record in order to supply defects, even after a suit involv- 
 ing a question respecting them has been commenced. I am of the 
 opinion that if the secretary or board of directors decline to make 
 necessary corrections in the record, that a party interested may pro- 
 ceed by mandamus to compel the correction. If the record is to be 
 impeached it must be, in the absence of fraud, by a direct proceed- 
 ing instituted for that purpose, and not by a collateral or indirect 
 method. The People v. Zeyst, 23 N. Y., 147-8. 
 
 The district record in this case is not as full as it might with pro- 
 priety be. The law provides that the boundaries of subdistricts shall 
 not be changed except by the vote of a majority of the members of 
 the board. The record fails to show that this requirement of the 
 law was complied with at the September meeting. The secretary 
 says the motion to redistrict " carried." This is his opinion, but he 
 fails to give the fact upon which it is based. Four of the seven 
 members were present, but he does not say who, or how many voted 
 for the change. Properly this should have been stated. When, 
 however, the district record declares that a motion was " carried," 
 the law will presume that it was carried in accordance with the re- 
 quirements of the statute; though there is reason to believe that the 
 presumption in this instance is a violent one. It follows that there 
 was no legal evidence that the subdistricts were not established in 
 accordance with law; hence, the conclusion is inevitable that the 
 county superintendent erred in dismissing the appeal for the cause 
 assigned. 
 
 At the commencement of the trial and again during its progress, 
 the defendant moved the county superintendent to dismiss the case 
 on account of the insufficiency of the affidavit. The affidavit of Mr. 
 
50 SCHOOL LA.W DECISIONS. 
 
 Elias Sipple v. District Township of Lester. 
 
 Sipple is not as full as it is usual to make affidavits in such cases, yet 
 it " set forth the errors complained of " with such plainness and con- 
 ciseness as enabled the county superintendent to obtain the neces- 
 sary transcripts, and this is all that the law really requires. Rev. 
 1860, 2135. It has not been customary heretofore to enforce any 
 particular form of affidavit, and the county superintendent's ruling 
 refusing to dismiss on defendant's motion is sustained. 
 
 As the testimony appears not to have been all in when the case was 
 dismissed by the county superintendent, no opinion can be given in 
 regard to the propriety or necessity of establishing the proposed new 
 subdistricts. 
 
 The case is, therefore, returned to the county superintendent, who 
 will proceed with the hearing, first allowing a reasonable time for the 
 correction of the district record or for the enforcement of its cor- 
 rection, should such correction be deemed necessary by either of the 
 interested parties. Should the district record be amended so as to 
 show conclusively that the said subdistricts were not legally formed 
 at the said meeting in September, it will follow that the said subdis- 
 tricts never had a legal existence, and that the plaintiff could not be 
 aggrieved by the action of the February meeting, hence the county 
 superintendent will determine the case in favor of the appellee. 
 Should said record not be amended, or should it be amended so as to 
 show clearly that said subdistricts were established in all respects in 
 conformity with law, the question of establishing the new subdis- 
 tricts, or more properly retaining their organization, will be deter- 
 mined upon its merits. 
 
 REVERSED. 
 
 D. FRANKLIN WELLS, 
 Superintendent of Public Instruction. 
 
 July 23, 1868. 
 
SCHOOL LAW DECISIONS. 
 
 E. J. Miner v. District Township of Cedar. 
 
 E. J. MINER v. DISTRICT TOWNSHIP OF CEDAR. 
 Appeal from Floyd County. 
 
 1. CONTESTED ELECTION: Jurisdiction. The proper method of determin- 
 ing a contested election for school director is by an action brought in 
 the district court. 
 
 2 ELECTION: Evidence of. The certificate of the officers of the annual 
 subdistrict meeting is the legal evidence of election as subdirector, and 
 as a general rule a board of directors is justified in declining to recog- 
 nize a person as a member of the board until he produces such certificate. 
 
 3 EVIDENCE. Where the law requires the evidence of a transaction to be 
 in writing, oral evidence can be substituted for it only when the writing 
 cannot be produced. 
 
 At the regular meeting of the board of directors of the district 
 township of Cedar, Floyd county, in March 1868, E. J. Miner ap- 
 peared and filed his oath of office as director of subdistrict number 
 three of said district township, and claimed recognition as a member 
 of the board from said subdistrict. The said Miner failed to present 
 to the board the certificate of the officers of the subdistrict meeting 
 or any other evidence of his election, except his own verbal statement. 
 It was alleged in the board that he was not legally elected. Under 
 these circumstances, the board refused him a seat and recognized his 
 predecessor as holding over. From this order the said Miner ap- 
 pealed to the county superintendent; who after a full hearing of the 
 manner in which the election was conducted, reversed the order of 
 the board, and directed that the said Miner should be recognized as 
 director of subdistrict number three, and as a member of the board 
 of directors. From this decision an appeal is taken by A. J. Sweet, 
 president of the board of directors. The above are but a small por- 
 tion of the facts presented in the well arranged transcript of the 
 county superintendent, but yet all that are material to the issues in- 
 volved. 
 
 The case presented by these facts is similar to that of Ockerman v. 
 District Township of Hamilton, and must be governed by the same 
 principles. It was there held that the only proper way of determin- 
 
52 SCHOOL LAW DECISIONS. 
 
 E. J. Miner v. District Township of Cedar. 
 
 ing a contested school election or the right of exercising any public 
 office or franchise, is by an action in the nature of quo warranto 
 brought in the district court. It seems unnecessary to repeat the 
 arguments there used. Reference is made to that case as well as to 
 the 19 Iowa, 199; 18 Iowa, 59; 16 Iowa, 369; 17 Iowa, .365; and the 
 other cases there cited. The principle involved in the preceding 
 references was recognized by the county superintendent, when he 
 said in his decision that " the board of directors has no jurisdiction 
 to inquire into the legality of the election of its members." \Vhen 
 this just conclusion was reached, the case should have been dismissed, 
 for the county superintendent can do on appeal only what the board 
 itself might legally have done. 
 
 The county superintendent held that as the president of the subdis- 
 trict meeting refused to sign a certificate of election for the said 
 Miner, that the board might receive other evidence of his election. 
 In this the county superintendent departed from well established 
 legal principles. The school law provides that at the meeting of the 
 electors of the subdistrict on the first Monday in March, "a chairman 
 and secretary shall be appointed, who shall act as judges of the elec- 
 tion, and give a certificate of election to the subdirector elect." It is 
 a well settled rule, that where the law requires the evidence of a 
 transaction to be in writing, oral evidence cannot be substituted for it 
 when the writing can be produced; and this rule applies alike to the 
 transactions of public bodies, officers, and individuals. This question 
 was discussed at some length in the case of Sipple v. District Town- 
 ship of Lester. Some of the references made are: 1 Greenleaf's Ev., 
 86; People v. Zeyst, 23 N. Y., 142; 2 Pick., 397; and Starkie on Ev., 
 part IV, p. 995, volume III, 3d Am. Ed. 
 
 There can be no doubt that the law contemplates that the certificate 
 of the officers of the annual subdistrict meeting shall be the legal 
 passport to a seat in the board, and that, as a general rule, a board of 
 directors is justified in declining to recognize a person as a member 
 of the board until such certificate is produced. If the certificate has 
 been given and lost, the accident may be remedied by other testi- 
 mony. If it has been illegally withheld the officer may be coerced 
 by mandamus to furnish it. If it has been fraudulently given the 
 law still provides a remedy. 
 
SCHOOL L^W DECISIONS. 53 
 
 Chiles Moormaii v. District Township of Belmont. 
 
 Nor can the public interests suffer by this construction of the law; 
 for if there is no election, or if there is a failure to qualify, the stat- 
 ute provides that the former incumbent of the office of director shall 
 hold over for another year. 
 
 By the light of the previous principles, it is evident that when, 
 under the circumstances, the county superintendent proceeded to in- 
 vestigate the rights of the plaintiff as a school director, he exceeded 
 his jurisdiction, and that his decision must therefore be overruled. 
 The law requires that the plaintiff, Miner, shall seek his remedy in 
 the courts. The decision of the county superintendent is therefore 
 reversed and the case dismissed. 
 
 REVERSED. 
 
 D. FRANKLIN WELLS, 
 Superintendent of Public Instruction. 
 
 July 29, 1868. 
 
 CHILES MOORMAN v. DISTRICT TOWNSHIP OF BELMONT. 
 Appeal from Warren County. 
 
 1. SCHOOL-HOUSE, fiemoval of. A vote of the electors of a subdistrict to 
 remove a school-house, will not compel the board to act affirmatively in 
 relation thereto. 
 
 2 JURISDICTION. An application for an appeal filed within thirty days 
 from the act of the board complained of will not give the county super- 
 intendent jurisdiction of the case. The appeal must be taken by affi- 
 davit. 
 
 This appeal was taken to the county superintendent to secure the 
 removal of the school-house in subdistrict number eight, of this dis- 
 trict township. 
 
 At the annual subdistrict meeting in March, 1868, the electors voted 
 by a large majority that the removal should be made. At the semi- 
 annual meeting of the board held March 16, 1868, a motion to remove 
 the school-house, in accordance with the vote of the subdistrict, was 
 lost; and from this action of the board the plaintiff, by affidavit, filed 
 with the county superintendent, May 9, 1868, took an appeal. Pre- 
 
SCHOOL LAW DECISIONS. 
 
 Chiles Moorman v. District Township of Belmont. 
 
 vious to this, that is on the 28th of March, the plaintiff had filed with 
 the county superintendent an "application for an appeal." The 
 county superintendent assumed jurisdiction of the case, and after a 
 full hearing reversed the decision of the board and ordered the re- 
 moval of the house. To this decision the appellant takes exception. 
 
 The power to locate the site for a school house is vested in the 
 board of directors, and the power to "fix the site" carries with it the 
 power to relocate the site. Vance v. District Township of Wilton, 23 
 Iowa, 408. Hence the vote of the subdistrict electors must be con- 
 sidered as advisory rather than mandatory. 
 
 Exception was taken to the action of the county superintendent on 
 the ground that the appeal was not taken within the thirty days re- 
 quired by law, and the record shows that nearly two months had 
 elapsed before the filing of the affidavit, which by law is made the 
 basis of appeal. It has been decided in previous cases that the right 
 of appeal can be enjoyed only within thirty days of the rendition of 
 the decision complained of, and that the appeal can be instituted only 
 by filing an affidavit with the superintendent. Curry v. District 
 Township of Franklin. Following the line of these decisions we are 
 compelled to hold that the county superintendent had no proper juris- 
 diction of this case, and that his action thereon is void. 
 
 If it is suggested that an " application for an appeal " was made be- 
 fore the expiration of thirty days from the board's decision, it must 
 be replied that the law recognizes no such step in the proceedings. 
 The law distinctly provides that the basis of appeal shall be "an 
 affidavit, filed by the party aggrieved with the county superintendent 
 within the time allowed for taking the appeal." The application for 
 an appeal is all very well, provided the affidavit itself is filed within 
 the time allowed by law; but the filing of the "application for an 
 appeal" is an entirely superfluous and unnecessary proceeding. 
 
 As the case was not properly before the county superintendent we 
 are compelled to set aside his decision, and leave the removal of the 
 school-house to the discretion of the board of directors. 
 
 REVERSED. 
 
 D. FRANKLIN WELLS, 
 Superintendent of Public Instruction* 
 September 11, 1868. 
 
SCHOOL LAW DECISIONS. 55 
 
 Hiram HalL et al. v. District Township of Masslllon. 
 
 HIRAM HALL et al. v. DISTRICT TOWNSHIP OF MASSILLON. 
 Appeal from Cedar County. 
 
 1. NOTICE. The want of notice is waived by the voluntary appearance of 
 
 the party for any purpose connected with the cause. 
 
 2. STJBDISTRICTS. The practice of cutting district townships into numerous 
 
 subdistricts of small size, is detrimental to the educational progress of 
 the state, and will not be sustained on appeal. 
 
 A petition was presented to the board of said district township at 
 the regular meeting in March, 1868, praying for the erection of a new 
 subdistrict. Said petition was laid over for consideration at the re- 
 gular meeting in September. At the latter meeting two petitions in 
 opposition were presented. A vote was had upon the proposition, 
 which resulted adversely to the formation of the new subdistrict 
 one vote being cast in favor of, and five votes being cast against the 
 same. From this action of the board Hiram Hall and others appealed 
 to the county superintendent, who, on the 21st day of October, 1868, 
 made an order forming the said subdistrict in accordance with the 
 prayer of the petition, and the board appeal. 
 
 There was a motion for a continuance made on the hearing before 
 the county superintendent, based upon an alleged want of notice, 
 which motion was overruled, and the parties proceeded to trial. 
 The overruling of this motion is one of the errors assigned on this 
 appeal. 
 
 The want of notice, if there was any, was waived by the voluntary 
 appearance of the party making the motion, and as the opposite 
 party proposed to admit everything expected to be proven, in case of 
 a continuance being granted, no injustice resulted, and therefore this 
 error is not sustained. 
 
 The decision of the county superintendent will be reversed, how- 
 ever, on other grounds. 
 
 The proposed new subdistrict embraces but two and one-half sec- 
 tions of land, inhabited by fifteen families, having in all but twenty- 
 
5(3 SCHOOL LAW DECISIONS. 
 
 Hiram Hall et al. y. District Township of Massillon. 
 
 seven persons between the ages of five and twenty-one years; not 
 enough to maintain a good school. 
 
 The practice of cutting district townships into numerous subdis- 
 tricts of small size, is detrimental to the educational progress of the 
 state. It increases the number of schools, and correspondingly re- 
 duces the number of pupils in each school, by reason of which, teach- 
 ers of a lower grade must be employed, poorer school-houses built, or 
 the expense of carrying on the schools greatly increased. Experience 
 has demonstrated that it is better to have fewer subdistricts with bet- 
 ter school-houses, and teachers of a high standard of qualifications, 
 than to have more and smaller subdistricts, poor houses, small schools, 
 and teachers of a low grade. 
 
 It is impossible in country districts to place a school-house in every 
 man's door-yard so to speak. Some must of necessity, be more re- 
 mote from schools than others. From the plat submitted in this case 
 it appears the farthest any scholars residing within the limits of the 
 proposed subdistrict have to go to reach the school-houses now in 
 use, is about one and one-half miles, and this is less than the average 
 distance the children of most subdistricts in the state have to travel 
 in going to and returning from school. See further the case of Gor- 
 don v. District Township of Brown. 
 
 REVEBSED. 
 
 LEWIS I. COULTER, 
 Acting Superintendent of Public Instruction. 
 January 27, 1869. 
 
SCHOOL LAW DECISIONS. 57 
 
 Z. W. Remington v. District Township of Boomer. 
 
 Z. W. REMINGTON v. DISTRICT TOWNSHIP OF BOOMER. 
 Appeal from Pottawattamie County. 
 
 1. JURISDICTION. The county superintendent has not jurisdiction of 
 cases involving a money demand. 
 
 2. SCHOOL ORDERS. When improperly issued by the board, the proper 
 remedy is an injunction from the civil courts. 
 
 The case presented by the record is this: On the 12th day of Oc- 
 tober, the board of directors of Boomer district township met in 
 special session and made a settlement with one L. S. Axtell, who was 
 the contractor for the erection of certain school houses in said dis- 
 trict township. From the action of the board, Z. W. Remington ap- 
 pealed to the county superintendent. The superintendent dismissed 
 the appeal upon the ground that the settlement with Axtell was for a 
 money demand, and therefore involved a question over which he 
 could exercise no jurisdiction. Remington again appeals. 
 
 If there was anything wrong in the action of the board issuing 
 orders in favor of Axtell for the payment of his claim for building 
 the school-houses that would render them invalid, plaintiff's remedy, 
 if any, would have been by injunction to restrain the payment of 
 such orders, or by some other proper action in the civil courts, and 
 not by appeal to the county superintendent, as the latter tribunal is 
 not clothed by the statute with authority to inquire into or deter- 
 mine the validity of school orders. The county superintendent, 
 therefore, very properly decided to dismiss the appeal, and his order 
 in the case is hereby 
 
 AFFIRMED. 
 A. S. KISSELL, 
 Superintendent of Public Instruction. 
 
 May 17, 1870. 
 
58 SCHOOL LAW DECISIONS. 
 
 Hiram Dayton v. District Township of Cedar. 
 
 HIRAM DAYTON v. DISTRICT TOWNSHIP OF CEDAR. 
 Appeal from "Washington County. 
 
 APPEAL. Where changes are effected in district boundaries by the concur- 
 rent action of two boards, appeal may be taken from the order of the 
 board concurring or refusing to concur, but not from the order of the 
 board taking action first. 
 
 On the 18th day of September, 1871, the board of directors of the 
 district township of Cedar, Washington county, passed a resolution 
 to attach a portion of subdistrict number three to subdistrict number 
 ten in the same township. 
 
 On the 14th day of October, Hiram Dayton appealed from the ac- 
 tion of the board to the county superintendent, who, on the 12th day 
 of December, 1871, on motion of appellee, dismissed the case for 
 want of jurisdiction. 
 
 From this decision an appeal is taken to the superintendent of pub- 
 lic instruction. 
 
 From the transcript it appears that subdistrict number three, 
 coneerning which the appeal is taken, is one of those school districts 
 formed prior to March, 1858, and for which special provision was 
 made when our present district township system was adopted. It 
 consists of about three sections of land in Cedar township and nearly 
 the same amount in Seventy Six township, with its school-house in 
 Cedar, and hence all under the control of the district township of 
 Cedar for school purposes. 
 
 Section 89, School Laws, provides that "the boundaries of such sub- 
 district shall not be changed, except with the concurrence of the boards 
 of directors of the townships interested." 
 
 The board resolved that the west half of sections eighteen, nineteen 
 and thirty, lying in subdistrict number three, be attached to subdis- 
 trict number ten for school purposes. 
 
 The appellant in his affidavit alleges among other errors committed 
 by the board, that they erred in attempting to attach this tract to 
 number ten, for the reason that said act was in effect dividing the 
 
SCHOOL LAW DECISIONS. 59 
 
 Hiram Dayton v. District Township of Cedar. 
 
 subdistrict without the concurrence of the board of directors of 
 Seventy Six township, and therefore illegal. 
 
 The attorneys for appellee file a demurrer to the affidavit "because 
 the said affidavit shows that the concurrent action of the two boards 
 is necessary to divide said subdistrict," that this resolution being 
 only the initiative act, does not divide the district, and is without 
 force till concurred in by the other board, that no appeal can be had 
 from an incomplete action, and that the appellant had as yet suffered 
 no grievance, and had no ground of appeal. 
 
 The county superintendent sustained the demurrer and dismissed 
 the case for want of jurisdiction. 
 
 This case involves an interesting question, and one, we believe, not 
 hitherto determined by this department, viz.: In those changes of 
 boundaries requiring the concurrent action of two boards, from which 
 action, if any, will an appeal lie? 
 
 In a somewhat analogous case, Dobbins and Brig gsv. District Town- 
 ship of Salem, a petition was presented to a board to change the 
 boundaries between a district township and an independent district, 
 the petition was refused ; an appeal was taken to the county superin- 
 tendent, who not only reversed their action, but decided to do more 
 than one board could have done, and ordered the changes to be made. 
 
 This decision, we think, was very properly reversed; for the reason 
 that the county superintendent could not do on appeal what was 
 clearly beyond the power of the board, from which the appeal was 
 taken, the concurrence of another board being necessary to complete 
 the action. Another question, however, wholly distinct from this, is, 
 has a county superintendent any jurisdiction in such a case? Can he 
 properly affirm or reverse the decision of a board that initiates a 
 movement which is completed or not at the option of another board? 
 After careful consideration we are forced to the conclusion that he 
 cannot. That an appeal will not lie from an order of a board making 
 a change in district township boundaries, where the concurrence of 
 another board is necessary to make the change. Otherwise a county 
 superintendent may have to entertain and decide upon two appeals in 
 one and the same case. This, in our opinion, would lead to confusion 
 and unnecessary litigation. The law provides that " any person ag- 
 grieved by any decision or order of the district board of directors, in 
 
SCHOOL LAW DECISIONS. 
 
 W. P. Davis v. District Township of Madison. 
 
 matter of law, or fact, may appeal therefrom to the county superin- 
 tendent." But if the order or decision is simply the initiative move- 
 ment, though the action is not void, it remains inoperative, and with- 
 out force, until concurred in, and does not of itself constitute a cause 
 of grievance. In our opinion, equal and full justice /will be secured 
 in all such cases, if the appeal is taken only from the action of the 
 board concurring or refusing to concur with the former action of 
 another board interested. From this we believe an appeal should lie. 
 
 In the case before us, if the board, as alleged in the affidavit, seek 
 to do an illegal act, or refuse to perform any duty imposed by law, 
 they can be restrained by injunction, or compelled to do their duty 
 by a resort to the civil courts. 
 
 It is therefore held that the county superintendent properly dis- 
 missed the case for want of jurisdiction, and his decision is therefore 
 
 AFFIRMED. 
 ALONZO ABERNETHY, 
 
 Superintendent of Public Instruction. 
 March 22, 1872. 
 
 W. P. DAVIS v. DISTRICT TOWNSHIP OF MADISON. 
 Appeal from Fremont County. 
 
 1. CONTRACTS. Contracts for the erection of school-houses, made by a sub- 
 
 director or committee, require the approval of the board. 
 
 2. SCHOOL FUNDS: Disbursement of. The treasurer is the proper custodian 
 
 of all funds belonging to the district, and can legally pay them out only 
 upon orders specifying the fund upon which they are drawn and the spe- 
 cific use to which they are applied. The board cannot authorize the sub- 
 director to use the public funds for any purpose. 
 
 3. CLAIMS. Just claims against the district can be enforced only in the 
 
 courts of law. 
 
 4. SUBDISTRICT. A subdistrict is not a corporate body, and has no control 
 
 of any public fund. 
 
 The electors of the district township of Madison, Fremont county, 
 on the eleventh day of March, 1871, voted a tax of two and one-half 
 mills on the taxable property of the district township, for school- 
 
SCHOOL LAW DECISIONS. 
 
 W. P. Davis v. District Township of Madison. 
 
 house purposes, and directed that three hundred dollars of the 
 amount thus raised should be used for the erection of a school-house 
 in subdistrict number nine. 
 
 March 20, 1871, W. P. Davis, subdirector of subdistrict number 
 nine, was appointed a committee to build a school-house in said sub- 
 district. The house having been completed, at a special meeting of 
 the board held June 1, 1872, it was moved that the report of the com- 
 mittee be received, and the school-house be accepted; also, that the 
 secretary be instructed to draw an order on the treasurer for three 
 hundred dollars, for subdistrict number nine. Both motions were 
 lost, from which action the said W. P. Davis appealed to the county 
 superintendent, who, on the 9th day of August, 1872, reversed the 
 action of the board. 
 
 The district township, through its president, W. H. Gandy, appeals 
 to the superintendent of public instruction. 
 
 The history of this case very fully illustrates the loose and irregu- 
 lar manner in which school officers too frequently transact official 
 business. Section 15 of the School Laws provides that the board of 
 directors "shall make all contracts, purchases, payments, and sales 
 necessary to carry out any vote of the district, but before erecting 
 any school-house they shall consult with the county superintendent 
 as to the most approved plan of such building." 
 
 If the contract is made by a subdirector or committee of the board, 
 it should in all cases be approved by the board before work is com- 
 menced. 
 
 A misapprehension often exists as to the manner in which school 
 funds should be disbursed. The treasurer is the proper custodian of 
 all funds belonging to the district township, and the law provides 
 that he "shall pay no order which does not specify the fund on whieh 
 it is drawn, and the specific use to which it is applied," i. e. for work 
 done, material furnished, or the like. 
 
 The board are also required to S'audit and allow all just claims 
 against the district, and no order shall be drawn on the district treas- 
 ury until the claim for which it is drawn has been so audited and al- 
 lowed." This rule applies equally where funds are voted by the 
 district township for the purpose of building school-houses in partic- 
 ular subdistricts, also where taxes have been raised on the property 
 
62 SCHOOL LAW DECISIONS. 
 
 J. D. Caldwell v. Stephen Peebles, County Superintendent. 
 
 of subdistricts in accordance with the proviso of section twenty- 
 eight. 
 
 Such funds, or so much of them as may be required to carry out 
 the vote of the electors, should be devoted to the specific object for 
 which they were voted, but the disbursement should in all cases be 
 under the direction and authority of the board. 
 
 Boards have no authority to give subdirectors money to use in their 
 subdistricts for building school-houses or any other purpose, nor sub- 
 directors to use money so received. A subdistrict is not a corporate 
 body, and has no control of any public fund. 
 
 If Davis has a just claim against the district township of Madison 
 which the board refuse to allow, or if the board refuse to apply the 
 amount voted by the electors to the specific object for which it was 
 designed, viz.: the erection of a school-house in subdistrict number 
 nine, the civil courts only can furnish a means of redress. 
 
 REVERSED. 
 
 ALONZO ABERNETHY, 
 Superintendent of Public Instruction. 
 
 October 30, 1872. 
 
 J. D. CALDWELL v. STEPHEN PEEBLES, COUNTY SUPERINTENDENT. 
 Appeal from Mills County. 
 
 1. REVOCATION OF TEACHER'S CERTIFICATE. A teacher's certificate can 
 be legally revoked only upon proof of charges of which he has had per- 
 sonal notice, and against which he has had the opportunity to make his 
 defense. 
 
 2. . A person addicted to the use of intoxicating liquors who even 
 
 occasionally becomes intoxicated is not likely to promote correct moral 
 teaching in the public schools by his example, nor to possess such moral 
 character as to entitle him to a teacher's certificate. 
 
 Complaint having been made to the county superintendent that J. 
 D. Caldwell, a teacher, was addicted to the use of intoxicating liquors, 
 an examination of the charges was made May 10, 1873, as provided 
 by law, the result of which was the revocation of Mr. Caldwell's cer- 
 
SCHOOL LAW DECISIONS. 
 
 63 
 
 J. D. Caldwell v. Stephen Peebles, County Superintendent. 
 
 tificate. Mr. Caldwell appeals to the superintendent of public in- 
 struction. 
 
 We need not comment upon the testimony in the trial, sinee -the 
 county superintendent admits that the specifications contained in the 
 complaint were not sustained. Facts, however, were developed inci- 
 dentally, in the examination of witnesses, apart from the direct issues 
 involved, to satisfy the county superintendent that the defendant 
 does not possess a good moral character, and we are not sure but his 
 conclusions are properly deducible from the evidence. 
 
 The law, however, providing for the revocation of certificates, re- 
 quires that it shall only be " after an investigation of facts in the 
 case, of which investigation the teacher shall have personal notice, 
 and he shall be permitted to be present and make his defense." 
 
 In this instance, certain charges were preferred in an information, 
 of which the teacher had due notice, and, as it appears, successfully 
 defended himself against the charges made, and there rested his 
 case. 
 
 It is, perhaps, doubtful if the superintendent has the authority to 
 revoke a certificate upon evidence incidentally developed in the trial, 
 however damaging in its nature, the substance of which was not 
 contained in the original notice, and against which no defense was 
 attempted. 
 
 We fully agree with the superintendent that a person addicted to 
 the use of intoxicating liquors, who even occasionally becomes intox- 
 icated, and who is in the habit of visiting disreputable beer saloons, 
 does not possess that degree of moral character to entitle him to a 
 teacher's certificate under our statute. We cannot too highly com- 
 mend the efforts of county superintendents to promote correct moral 
 teaching in the public schools through the example of the teacher. 
 
 Disqualifications of this nature should be fully proved, and in the 
 manner prescribed by law; and we reluctantly set aside this decision, 
 believing that the superintendent was actuated by worthy motives, 
 and did the act solely with a view to promote the good of the schools, 
 and in the conscientious discharge of a public duty. 
 
 REVERSED. 
 ALONZO ABERNETHY, 
 
 Superintendent of Public Instruction. 
 May 31, 1873. 
 
64 SCHOOL LAW DECISIONS, 
 
 James Bunn v. District Township of Douglas. 
 
 JAMES BUNN v. DISTRICT TOWNSHIP OF DOUGLAS. 
 Appeal from Ida County. 
 
 1. CONTRACTS. The district township is bound by the contract of the 
 subdirector when made according to instructions of the board. 
 
 2. . If a subdirector enter into a contract on behalf of the district, 
 
 without authority of the board, he does so at his own risk; such con- 
 tract is not binding upon the district unless approved by the board. 
 
 3. RULES AND REGULATIONS. The power to prescribe rules and regula- 
 tions for the government of the board is not a function of the electors. 
 A rule adopted by the board, and not a provision of law, may be modi- 
 fied at the option of the board. 
 
 A contract for furnishing the school-houses in subdistricts numbers 
 one and two with new seats, was approved by the board of directors; 
 the county superintendent, upon appeal, affirmed the action of the 
 board; James Bunn appeals to the superintendent of public instruc- 
 tion. 
 
 It is claimed by the appellant: 
 
 1. That the contract was made without authority from the board. 
 
 2. That new seats could not be legally purchased without a vote 
 of the electors. 
 
 3. That by rule of the board public notice should be given before 
 making any contract, except with teachers. 
 
 The district township is bound by the contract of the subdirector 
 when made and entered into according to the specific instructions and 
 directions of the board. Thompson v. Linn> 35 Iowa, 361. 
 
 If a subdirector enters into a contract on behalf of the district, 
 without being authorized by the board, he does so at his own risk; 
 such contract is not binding upon the district unless approved by the 
 board; being approved, however, the district becomes responsible for 
 the performance of the contract on its part. Affirmative action of the 
 electors is not required by law before the board of directors can pro- 
 cure new seats for a school-house. 
 
SCHOOL LAW DECISIONS. 55 
 
 D. K. Taylor v. Independent District of Eldon. 
 
 It appears from the transcript that the rule mentioned was adopted 
 and prescribed by the district township meeting, and not by the board 
 of directors; the power to prescribe rules and regulations for the gov- 
 ernment of the board of directors, except as specifically named in the 
 law, is not a function of the electors when assembled at the district 
 township meeting. Any rule adopted by the board, and not a pro- 
 vision of law, may be modified or disregarded at the option of the 
 board. 
 
 AFFIRMED. 
 
 ALONZO ABERNETHY, 
 Superintendent of Public Instruction. 
 December 2, 1873. 
 
 D. K. TAYLOR v. INDEPENDENT DISTRICT OF ELDON. 
 Appeal from Wapello County. 
 
 1. APPEAL. Appeal may be taken from an action of the board which au- 
 thorizes the making of a contract, but not from a subsequent action or 
 order complying with the terms of a contract previously made; nor from 
 an action authorizing the issuance of an order in payment of a debt con- 
 tracted by previous action of the board. 
 
 2. . A case whose sole purpose is to determine the validity of an 
 
 order on the district treasury, or the equity of a claim, cannot be enter- 
 tained on appeal to the county superintendent; the courts of law alone 
 can furnish an adequate remedy. 
 
 From the transcript it appears that on the 3d day of December, 
 1873, the board passed an order authorizing the payment of five per 
 cent commission for negotiating the district bonds, and on the same 
 day another authorizing D. P. Stubbs to negotiate said bonds. 
 
 On the 3d day of February, 1874, the board passed an order instruct- 
 ing the president and secretary to draw an order for $90 on the dis- 
 trict treasury in favor of said D. P. Stubbs, for services rendered in 
 negotiating said bonds, in accordance with the previous action of the 
 board on December 3, 1873. From the action of the board in issuing 
 said order of $90 this appeal was taken. 
 9 
 
SCHOOL LAW DECISIONS. 
 
 D. K. Taylor v. Independent District of Eldon. 
 
 The county superintendent dismissed the case, on the ground that 
 it was an action authorizing the payment of money, and a decision 
 thereon would be equivalent to rendering a judgment for money, 
 which is prohibited by the provisions of section 1836, Code. D. K. 
 Taylor again appeals. 
 
 Appeal may be taken from any action of the board which authorizes 
 the making of a contract, but not from a subsequent action or order 
 complying with the terms of a contract previously made; or from an 
 action authorizing the issuance of an order in payment of a debt con 
 traoted by a previous action of the board. 
 
 The order appealed from in this case is not a new action of the 
 board, but a necessary result of the order of December 3, 1873. If 
 the first action was legal and proper, the last is both proper and nec- 
 essary, the services having been performed. Any interested party 
 might have appealed, at the proper time, from the action of Decem- 
 ber 3, authorizing the payment of five per oent commission for nego- 
 tiating bonds or authorizing the appointment of an agent therefor. 
 But the time for an appeal, thirty days, having expired, appeal can- 
 not now be taken from the subsequent action, which is simply carry- 
 ing out their previous action, and the terms of the contract made 
 thereunder. 
 
 In the case of Winters et al. v. District Township of Clay, it is held 
 that, to determine the validity of an order on the district treasury, 
 or the equity of a claim, is equivalent to the rendition of a judgment 
 for money, and a case whose sole purpose is to determine this ques- 
 tion cannot be entertained on appeal; that the courts of law alone 
 can furnish an adequate remedy, if the law has been violated, or the 
 interests of the district have suffered by the making of contracts or 
 the issuing of orders for money on the treasury. 
 
 AFFIRMED. 
 
 ALONZO ABERNETHY, 
 Superintendent of Public Instruction. 
 
 May 5, 1874. 
 
SCHOOL LAW DECISIONS. 57 
 
 A. Beard et al. v. District Township of Washington. 
 
 A. BEARD etal. v. DISTRICT TOWNSHIP OF WASHINGTON. 
 Appeal from Ring gold County. 
 
 1. SUB DISTRICT BOUNDARIES Subdistrict boundaries can be changed only 
 
 by affirmative vote of a majority of all the members of the board. 
 
 2. APPEAL. Appeal will not be entertained from the action of the board 
 
 in rescinding a previous illegal action. 
 
 The board of the above named district consists of four members. 
 On the 24th day of January, 1874, three members of the board met, 
 pursuant to notice, for the purpose of forming a new subdistrict to 
 consist of sections 27, 28, 33, and 34. Upon motion to establish said 
 subdistrict, two of the members voted in the affirmative and one in 
 the negative: by this action the subdistrict was considered as formed, 
 and was so entered upon the record. On February 14, the board met 
 pursuant to notice, for the purpose of reconsidering their action of 
 January 24. Upon motion that the action of the board in establish- 
 ing said subdistrict be annulled, three members voted in the affirma- 
 ative, and one in the negative. From this action appeal was taken to 
 the county superintendent, who simply reversed the action of the 
 board. I. F. Howell et al appeal to the superintendent of public in- 
 struction. 
 
 Section 1738, School Laws of 1873, provides that the boundaries of 
 subdistricts shall not be changed, except by a vote of the majority of 
 the board. Therefore, the subdistrict in question was not legally 
 established by the action of the board of January 24; their subse- 
 quent action relative thereto may properly be considered as simply 
 correcting the records of the meeting. Neither would the action of 
 the county superintendent in reversing such action, have the effect to 
 establish the subdistrict. 
 
 Since the action of the board was entirely proper under the cir- 
 cumstances in making such correction, the decision of the county 
 superintendent is hereby REVERSED. 
 
 ALONZO ABERNETHY, 
 Superintendent of Public Instruction. 
 
 June 4, 1874. 
 
68 SCHOOL LAW DECISIONS. 
 
 E. Watson v. District Township of Exira. 
 
 E. WATSON v. DISTRICT TOWNSHIP OF EXIRA. 
 
 Appeal from Audubon County. 
 
 PUNISHMENT. The punishment of a pupil with undue severity, or with an 
 improper instrument, is unwarrantable, and may serve, in some degree 
 to indicate the animus of the teacher. 
 
 Charges were preferred against E. Watson, a teacher in the schools 
 of the district above named, for harsh and unreasonable punishment 
 of a pupil; upon investigation the teacher was discharged; from this 
 action of the board he appealed to the county superintendent, who 
 reversed their action. The district appeals to the superintendent of 
 public instruction. 
 
 From the evidence it appears that the pupil, upon whom the pun- 
 ishment was inflicted, was a boy thirteen years of age, and that the 
 offense was such that punishment was deserved. The instrument se- 
 lected for inflicting punishment was a hickory stick, three-fourths of 
 an inch in diameter at one end, and one-half inch at the other, and 
 fifteen or eighteen inches long. The punishment was inflicted by 
 striking upon the palm of the hand from eight to twelve strokes. It 
 appears that the boy's hand was thereby disabled for some days. 
 
 It is alleged by the teacher that the punishment was inflicted for 
 the good of the school, and that it was without malice on his part. 
 We ^consider the selection of such an instrument for the punishment 
 of a pupil injudicious, unwarrantable, and dangerous, and that con- 
 sequences might be fraught with the gravest results, and that such 
 selection may serve in some degree, to indicate the animus of the 
 teacher. REVERSED. 
 
 ALONZO ABERNETHY, 
 Superintendent of Public Instruction. 
 
 June 6, 1874. 
 
SCHOOL LAW DECISIONS. 59 
 
 Sanford Harwood v. Independent District of Charles City. 
 
 SANFORD HARWOOD v. INDEPENDENT DISTRICT OF CHARLES CITY. 
 Appeal from Floyd County. 
 
 1. PUNISHMENT: Eight to inflict upon pupils. The right of the parent to 
 
 restrain and coerce obedience in children applies equally to the teacher, 
 or to any one who acts in loco parentis'. 
 
 2. RULES AND REGULATIONS. Boards of directors and their agents, the 
 
 teachers, may establish reasonable rules for the government of schools 
 and the control of pupils. 
 
 3. . The teacher has the right to require a pupil to answer questions 
 
 which tend to elicit facts concerning his conduct in school. 
 
 4. - . The pupil is answerable for acts which tend to produce merri 
 
 ment in the school or to degrade the teacher. 
 
 5. . Open violation of the rules of the school cannot be shielded 
 
 from investigation under the plea that it invades the rights of con- 
 science. 
 
 6. BOARD OF DIRECTORS. The board should be sustained in all legiti- 
 mate and reasonable measures to maintain order and discipline, to up- 
 hold the rightful authority of the teacher, and to prevent or suppress 
 insubordination in the school. 
 
 This case involves the right of a teacher to require a pupil to 
 answer questions concerning his conduct in school, or to testify 
 against himself. 
 
 Burritt Harwood, a member of the high school department, having 
 broken certain rules of the school, was suspended by the superintend- 
 ent for refusing to answer a question relating thereto. The pupil's 
 father petitioned the board of directors to restore the pupil. The 
 board having investigated the facts adopted the following: 
 
 "Resolved, That the school board sustain Prof. Shepard in his sus- 
 pension of Burritt Harwood, provided Burritt Harwood be reinstated 
 if he answer the question, for the refusal to answer which he was 
 suspended, subject to such further action as may be taken by the 
 principal or school board for making and circulating the caricature." 
 The president and four other members voting for, and one against 
 the resolution. From this action of the board, S. Harwood appealed 
 to the county superintendent, who reversed their action. The board, 
 
70 SCHOOL LAW DECISIONS. 
 
 Sanford Harwood v. Independent District of Charles City. 
 
 through their president, appeal to the superintendent of public in- 
 struction. 
 
 The power of the parent to restrain and coerce obedience in chil- 
 dren cannot be doubted, and it has seldom or never been denied. This 
 principle applies equally to the teacher or to any one who acts in loco 
 parentis. Boards of directors and their agents, the teachers, may 
 establish all reasonable and proper rules for the government of 
 schools, and to control the conduct of pupils attending the same. 
 "Any rule of the school not subversive of the rights of the children 
 or parents, or in conflict with humanity and the precepts of divine 
 law, which tends to advance the object of the law in establishing pub- 
 lic schools, must be considered reasonable and proper." Burdick v. 
 Babcock, 31 Iowa, 562. 
 
 The superintendent had occasion to leave the high school in charge 
 of his assistant while he should attend to official duties elsewhere. 
 On his return about 4 p. M., the assistant reported that there had been 
 much disorder on the part of some of the pupils, and that she had re- 
 quired several of the pupils to remain and report their misdemeanors 
 to the superintendent. Burritt Harwood being called upon, said, in 
 substance, I have two misdemeanors to report: I threw snow into the 
 lower hall during recess, and I passed a piece of paper across the aisle 
 to my brother's desk. Both are recognized as violations of the rules 
 of the school. The nature and magnitude of the first are readily 
 discernible, and need no further investigation; not so of the second, 
 much depends upon the character of the "piece of paper," whether 
 simply blank paper, or containing writing or other marks; being 
 asked to state the nature of the paper, he at first answered evasively. 
 Being further questioned, he replied that it was " pictorial " that it 
 was a "burlesque or caricature," that "it represented the school-house 
 and some person or persons," that "the person or persons represented 
 were connected with the school." The further question, " whom he 
 had intended to burlesque," after some hesitation, he declined to 
 answer. For this act of disobedience he was suspended. 
 
 The question which he refused to answer appears to differ in no 
 essential feature fron those previously answered. By it the teacher 
 simply sought to discover an additional fact in connection with the 
 case. If he had a right to ask the former he had the latter. If there 
 
SCHOOL LAW DECISIONS. 
 
 Sanford Harwood v. Independent District of Charles City. 
 
 is any reason why fche pupil had the right or should claim the privi- 
 lege of declining to answer the last, he should have stated it, Cer- 
 tainly no good reason appears from the nature of the offenseTaud the 
 degree of punishment which it merited depended upon the informa- 
 tion which the teacher sought to obtain by this and the previous 
 question. If the paper contained simply the solution of a problem 
 or something connected with his lesson, it merited one degree of pun- 
 ishment; if its purpose was to create merriment among the pupils, 
 thus diverting their attention from their studies, it required another 
 degree; if by it the pupil sought to bring ridicule upon a teacher, to 
 the prejudice of the good order and government of the school, still 
 another; each would be a violation of the rules, but not each equally 
 punishable. The claim of appellee that it was an attempt to pry 
 into the secrets of the heart, and was a violation of the right of con- 
 science, is scarcely sustained by the facts. The question "whom did 
 you intend to represent," is essentially equivalent to "whom did you 
 represent." Its purpose evidently was not to find out the thought or 
 intent, but the act of the pupil. The question was simply what was 
 the character of the picture drawn and circulation to the disturbance 
 of the school. It does not appear how the rights of conscience would 
 be violated in answering the question. It may be true that the pic- 
 ture itself, if produced, would furnish the best evidence, but the 
 teacher clearly had the right, in its absence, and knowing nothing of 
 its nature beyond what the pupil had already revealed, to seek this 
 information directly and immediately by proper questions. Nor can 
 the pupil shield himself under the provision of the law that a pris- 
 oner at the bar cannot be compelled to answer questions which will 
 tend to render him criminally liable or expose him to public igno- 
 miny. He is, in no proper sense, accused of crime before a court of 
 law, authorized to sit in judgment under a criminal code. 
 
 The picture, which was afterward produced, reveals anything but 
 a right spirit in the pupil. Probably no one who has seen it doubts 
 that it is a coarse caricature of the superintendent and his assistant. 
 His refusal to answer was evidently not that he could not conscien- 
 tiously do so, nor that it would tend to criminate himself, but was a 
 deliberate act of insubordination. All the attendant circumstances, 
 the evasive and studied replies to the superintendent's questions, the 
 
72 SCHOOL LAW DECISIONS. 
 
 T. J. Kook v. District Township of Liberty. 
 
 caricature itself, and its circulation through th$ school during the 
 absence of the superintendent, together with a previous malicious 
 caricature of the same nature, all reveal a disregard for the regula- 
 tions of the school, the respectful conduct due from a pupil, and an 
 animus toward the teacher anything but proper. 
 
 In our opinion unnecessary stress was laid, in the trial before the 
 superintendent, upon the technical ground of of suspension by the su- 
 perintendent. The board having had the whole subject nnder inves- 
 tigation, including statements of the offenses from both the superin- 
 tendent and the pupil, sustained the superintendent, or in other words, 
 suspended the pupil conditionally from the school, as they probably 
 had a right to do for any one of the offenses named. This being a 
 discretionary act, due weight must be given to such action by an ap- 
 pellate tribunal, especially should the board be sustained in all legit- 
 imate and reasonable measures to maintain order and discipline, to 
 uphold the rightful authority of the teacher and to prevent or sup- 
 press insubordination in the school. 
 
 REVERSED. 
 
 ALONZO ABERNETHY, 
 
 Superintendent of Public Instruction. 
 June 8, 1874. 
 
 T. J. ROOK v. DISTRICT TOWNSHIP OF LIBERTY. 
 Appeal from Clarke County. 
 
 SCHOOL-HOUSE TAX. All taxes voted by the district township meeting 
 must be apportioned among the subdistricts. All taxes voted by the 
 subdistrict meeting which the district township neglects or refuses to 
 grant, must be certified and levied upon the subdistrict. The board 
 have no option but to obey the requirements of the law. 
 
 Under the provisions of section 1778, School Laws of 1874, the 
 electors of subdistrict number six, of the above named district town- 
 ship, voted to raise the sum of four hundred dollars for the erection 
 of a school-house; the sum was properly certified to the district town- 
 ship meeting, which refused to grant the request. The board of di- 
 
SCHOOL LAW DECISIONS. , 73 
 
 Henry Brewer et al. v. District Township of Washington. 
 
 rectors certified the amount to the board of supervisors to be levied 
 directly upon the subdistrict making the request. From this action 
 appeal was taken to the county superintendent who affirmed the 
 action of the board. T. J. Rook appeals. 
 The errors alleged to have been committed are: 
 
 1. That the township electors neglected or refused to grant the 
 request of the electors of subdistrict number six. 
 
 2. That the board refused to apportion the amount voted by the 
 subdistrict among the subdistricts of the township. 
 
 It is wholly discretionary with the township electors whether such 
 requests are granted or not; from their action no appeal can be taken. 
 If they vote to grant such request, the amount must be apportioned 
 by the board among the subdistricts of the township; if they neglect 
 or refuse to grant it, the amount must be certified to the board of 
 supervisors, to be levied directly upon the subdistrict making the re- 
 quest. Section 1778, School Laws of 1874. 
 
 The board have no option in such case; it is their duty simply to 
 
 obey the requirements of the law. 
 
 AFFIRMED. 
 
 ALONZO ABERNETHY, 
 
 Superintendent of Public Instruction. 
 October 5, 1874. 
 
 HENRY BREWER et al. v. DISTRICT TOWNSHIP OF WASHINGTON. 
 Appeal from Van Buren County. 
 
 REHEARING. The county superintendent may, for sufficient cause, grant a 
 rehearing 
 
 The action of the board in refusing to form a new subdistrict, num- 
 ber two, of the above named district township, was affirmed by the 
 county superintendent. 
 
 After the rendition of the decision a motion and affidavit were filed 
 by the appellants asking that a new trial be granted, the affiants alleg- 
 ing that the evidence was not properly taken down at the time of the 
 trial; also, that new evidence had been discovered, materially affect- 
 10 
 
SCHOOL LAW DECISIONS. 
 
 Henry Brewer et al. v. District Township of Washington. 
 
 ing the question at issue. The motion was .granted by the county 
 superintendent. 
 
 At the subsequent trial the appellee filed a motion to dismiss the 
 case upon the following grounds: 
 
 1. That no sufficient affidavit was filed in the first instance, and 
 that the superintendent never acquired jurisdiction. 
 
 2. The rehearing was granted without authority of law. 
 
 This motion was overruled by the superintendent. The trial re- 
 sulted as before, in the affirmance of the action of the board. Henry 
 Brewer et al. appeal. 
 
 At the trial before the superintendent of public instruction the 
 appellee filed a motion to dismiss the case upon the ground: 
 
 1. That the county superintendent had no jurisdiction to grant a 
 new trial. 
 
 2. That if he had authority to grant a new trial, it could only be 
 for sufficient cause, and that no such oause was shown. 
 
 It is held that the county superintendent may, for sufficient cause, 
 grant a new trial, and in so doing should be governed by the princi- 
 ples and rules pertaining to courts of law, so far as the same are ap- 
 plicable. Although some doubts may exist as to the sufficiency of the 
 reasons assigned for granting a new trial in this case, and of the reg- 
 ularity of the proceedings, yet, sinee the second trial resulted as the 
 first, and was without prejudice to the interests of the appellee, the 
 discretion of the county superintendent will not be interfered with; 
 the case is, therefore, properly before the superintendent of public 
 instruction for a consideration of its merits. 
 
 From a careful examination of the evidence, it is found that the 
 injustice complained of is not of such a character as to require any 
 interference with the action of the board, or of the county superin- 
 tendent. 
 
 AFFIRMED. 
 ALONZO ABERNETHY. 
 
 Superintendent of Public Instruction. 
 February 11, 1875.' 
 
SCHOOL LAW DECISIONS. 75 
 
 John S. David v. Independent District of Burlington. 
 
 JOHN S. DAVID v. INDEPENDENT DISTRICT OF BURLINGTON. 
 Appeal from Des Moines County. 
 
 I. SCHOOL. Every person between the ages of five and twenty- one years 
 has the right to attend school in the district in which he resides, regard- 
 less of considerations relating to race, nationality, the holding of prop- 
 erty, or the payment of taxes 
 
 2. The payment of school taxes does not entitle non-residents to 
 
 school privileges. 
 
 3. The board have authority to determine when, and upon what 
 
 terms, non-resident pupils may attend the schools of their district. 
 
 This appeal is brought to compel the board of the independent dis- 
 trict of Burlington to admit into the public schools of said district 
 appellant's children, without payment of tuition, on the ground that 
 he is a large tax-payer in the district; the county superintendent 
 having affirmed the action of the board in refusing to admit them. 
 
 The appellant resides about a mile beyond the limits of the in- 
 dependent district of Burlington, and near the school in his own dis- 
 trict; but he claims that this school is not of suitable grade for his 
 children. 
 
 The law requires the board to provide school facilities for all the 
 children in their own district, and contemplates that they shall, in all 
 cases, determine whether children who are not residents, shall be 
 permitted to attend the schools thereof, and upon what terms. Sec- 
 tion 1793. 
 
 It is claimed by the appellant that his children are entitled to at- 
 tend school in the independent district of Burlington without the 
 payment of tuition, for the reason that he owns property in said in- 
 dependent district and pays taxes thereon; and if the payment of 
 taxes could ever entitle a person to such privileges, it doubtless would 
 in this case, as he introduces the certificate of the county auditor to 
 show that his school taxes for 1874 were $406.08. There is, however, 
 no provision of law upon which to base such claim; nor would such 
 provision well accord with the spirit of our laws relating to public 
 schools. These laws are founded upon the broad principle that every 
 
76 SCHOOL LAW DECISIONS. 
 
 A. B. Reed et al. v. District Township of Unien. 
 
 person in the state between the ages of five and twenty- one years, is 
 entitled to the privilege of attending the public schools. 
 
 This principle is wholly unencumbered by any consideration re- 
 lating to race, nationality, the holding of property, or the payment of 
 taxes. 
 
 To prevent confusion and the over-crowding of particular schools, 
 it is necessary to point out what school each pupil has the right to 
 attend. A more equitable rule could not have been devised, than 
 that which prescribes that the pupil may attend school'm the district 
 in which he resides. The simplicity and equity of this rule are ap- 
 parent. Every person has one place of residence, and no more; the 
 place of residence is generally determined without difficulty, and is 
 not usually abandoned for trivial causes. 
 
 To introduce any conditions into the laws dependent upon property 
 considerations, would be to outrage the fundamental principles of our 
 free school system. 
 
 To further promote the convenience of the people, and to give 
 elasticity to the rule, the board may, when circumstances require, per- 
 mit non-resident pupils to attend the schools of their district. 
 
 AFFIRMED. 
 
 ALONZO ABERNETHY, 
 Superintendent of Public Instruction. 
 
 February 20, 1875. 
 
 A. B. REED et al. v. DISTRICT TOWNSHIP OF UNION. 
 Appeal from Mahaska County. 
 
 1. SUBDISTRICTS. Other things being equal, both territory and school pop- 
 ulation, should be about equally divided among the subdistricts of a dis- 
 trict township. 
 
 2. . One subdistrict should not ordinarily have an excess over the 
 
 average subdistrict of the district township both in territory and school 
 population, nor should it lack in both. 
 
 The action of the board in changing subdistrict boundaries was af- 
 firmed by the county superintendent; from this decision A. B. Reed 
 appeals. 
 
SCHOOL LAW DECISIONS. 77 
 
 A. B. Reed et al. v. District Township of Union. 
 
 Previous to the action of the board, from which appeal was taken , 
 subdistrict number seven comprised two sections of land, upon which 
 reside about forty persons of school age. The board added three sec- 
 tions from subdistrict number three, upon which reside some thirty 
 pupils, leaving but three sections and about twenty-two pupils. 
 
 It is claimed that by this increase of area in subdistrict number 
 seven to five sections, and the consequent increase of pupils to seventy, 
 a portion of the latter are deprived of school privileges. This leads 
 to a consideration of the proper basis and manner of dividing a dis- 
 trict township into subdistricts. It would seem, other things being 
 equal, that both territory and school population should be about 
 equally divided among the subdistricts of the district township. 
 When the population is not uniformly distributed, which is generally 
 the case, it would appear that no one subdistrict should have an ex- 
 cess over the average subdistrict of the district township, both in 
 territory and in school population; nor should any one subdistrict 
 lack both in territory and in school population, unless by reason of 
 some controlling circumstance. The location of public roads, streams 
 or any other obstruction, should always be taken into consideration. 
 In this clase, area and school population are the only essential ele- 
 ments. The average area of a subdistrict in the township, is four 
 and one-half sections. 
 
 The school population, according to the last annual report of the 
 county superintendent, averages 57.5 to each subdistrict. Hence, 
 we find that subdistrict number seven lacked both in area and school 
 population, and that its boundaries should have been enlarged; but 
 we also find that the subdistrict from which territory was taken, was 
 reduced below the average, both in school population and in area, 
 while the subdistrict thus enlarged, is in excess in both. 
 
 We trust that the board will, as soon as practicable, remove these 
 inequalities by a redi vision of the entire district township into sub- 
 districts. Questions as to the validity of the action of the board are 
 also raised, but we do not find that they have, in any manner, acted 
 contrary to the requirements of law. 
 
 AFFIRMED. 
 
 ALONZO ABERNETHY, 
 
 Superintendent of Public Instruction. 
 June 21, 1875. 
 
73 SCHOOL LAW DECISIONS. 
 
 J. W. Hubbard v. District Township of Lime Creek. 
 
 J. W. HUBBARD v. DISTRICT OF LIME CREEK. 
 Appeal from Cerro Gordo County. 
 
 1. APPEAL. The execution by the board of the vote of the electors upon 
 
 matters within their control, is mandatory; from such action of the 
 board no appeal can be taken. If such action is tainted with fraud, an 
 application to a court of law is the proper remedy. 
 
 2. BOARD OF DIRECTORS. The board, though not bound by a vote of the 
 
 electors directing the precise location of a school-house site, are re- 
 quired to so locate it as to accommodate the people for whom designed. 
 
 3 . If, in the selection of a site, the board violate law or abuse their 
 
 discretionary power, their action may be reversed on appeal. 
 
 The electors of the district township voted a tax to build a school- 
 house on what is known as the Simons road, near where it crosses the 
 Central railroad. On a separate motion, the board were instructed 
 to sell the school-house known as number three. In accordance with 
 the first mentioned action, the board located a school-house site on 
 said road, fifty feet from said crossing. From this action appeal was 
 taken; the appellant claiming it to be a relocation of the site known 
 as number three; and that such action was with the express intention 
 of selling the school-house and abandoning the site thereof. The 
 county superintendent reversed the action of the board. From this 
 decision the district township appeals. 
 
 The district township coincides with a congressional township in 
 boundaries and extent, and is comprised in one subdistrict. It is 
 claimed that the action of the district township meeting did not rep- 
 resent the wishes of the people; that there are ninety-five voters in 
 the district, and but twenty seven were present at such meeting; also, 
 that in the location of the site, the board did not consult the conven- 
 ience of the people. 
 
 Section 1717, School Laws, 1874, provides, that the -electors of the 
 district, when legally assembled at the district township meeting, 
 shall have power "to direct the sale, or other disposition to be made 
 of any school house, or the site thereof, and of such other property, 
 personal and real, as may belong to the district." 
 
SCHOOL L\W DECISIONS. 79 
 
 J. W. Hubbard v. District Township of Lime Creek. 
 
 Section 1723 provideH that the board "shall make all contracts, 
 purchases, payments, and sales, necessary to carry out any vote of the 
 district." 
 
 Section 1724 provides that the board "shall fix the site for each 
 school-house, taking into consideration the geographical position and 
 convenience of the people of each portion of the subdistriot." 
 
 The execution of the vote of the electors by the board is manda- 
 tory; from their action in so doing no appeal can be taken. In case 
 such action is in any manner tainted with fraud, an application to a 
 court of law is the proper remedy. 
 
 The power to locate school-house sites is vested originally in the 
 board. Although the board have authority to locate school-house 
 sites, yet money legally voted by the electors for a specific pur- 
 pose, must be expended in accordance with such vote; if voted to 
 erect a school-house in a certain subdistrict, it cannot legally be used 
 to build a school-house in another; while any directions of the voters 
 attempting to locate, precisely, a school house site, are void, yet the 
 board is bound so to locate it as to accommodate the people for whom 
 designed; in the absence of such instructions the board may exercise 
 more widely their discretion in fixing school-house sites. 
 
 If, in the performance of this duty, they violate law, act with man- 
 ifest injustice, or in any manner show an abuse of discretionary power, 
 their action may properly be reversed by the county superintendent. 
 
 In this case we do not discover that the board have in any manner 
 failed in the proper performance of their duty. 
 
 REVERSED. 
 
 ALONZO ABERNETHY, 
 Superintendent of Public Instruction. 
 
 July 7, 1875. 
 
8Q SCHOOL LAW DECISIONS. 
 
 E. Costing v. District Township of Lincoln. 
 
 E. GOSTING v. DISTRICT TOWNSHIP OP LINCOLN. 
 Appeal from Plymouth County. 
 
 1. SCHOOL-HOUSE SITE : Location of. The action of a committee ap- 
 pointed by the board to locate a site is of no force until officially adopted 
 by the board while in session. 
 
 2. . Subdistrict boundaries cannot be changed upon an appeal re- 
 lating solely to the location of a site, nor can a site be located with the 
 expectation that boundaries will be changed, unless such is shown to be 
 the intention of the board. 
 
 3. APPEAL. The right of appeal is confined to persons injuriously affected 
 by the decision or order complained of. Ordinarily a person living in 
 one subdistrict cannot properly appeal from an action of the board locat- 
 ing a site in another. 
 
 A committee appointed by the board of the above named district 
 township to locate a school-house site for the accommodation of the 
 residents of subdistricts numbers seven and nine, reported that they 
 had selected the northwest corner of section ten: and afterward that 
 they had chosen instead, a site about eighty rods east of the north- 
 west corner of section eleven. There is no record showing that any 
 action was taken by the board in relation to these reports. 
 
 Subdistrict number nine consists of the east one-half of congres- 
 sional township number 90, range 45. 
 
 E. Gosting, the appellant, resides in subdistrict number seven, 
 which comprises the west one-half of the same congressional town- 
 ship. The decision of the cpunty superintendent is as follows : 
 "After considering the evidence and the plat introduced, I sustain 
 the committee in their first location at the northwest corner of sec- 
 tion ten of said township." From this decision D. M. Relyea ap- 
 peals. 
 
 The power to locate school-house sites is vested in the board of di- 
 rectors. Section 1724, School Laws of 1874. The action of a com- 
 mittee appointed by the board to locate a school-house site is of no 
 force until their report is officially adopted by the board while in 
 session. 
 
 Section 1725 provides that the board "shall determine where pupils 
 
SCHOOL LAW DECISIONS. 
 
 E. Gosling v. District Township of Lincoln. 
 
 may attend school; and for this purpose may divide their district 
 into such subdistricts as may by them be deemed necessary." The 
 object of dividing a district township into subdistricts is to determine 
 where pupils shall attend school. While it is frequently the case 
 that pupils may more conveniently attend school in an adjoining sub- 
 district, it would obviously be improper to locate a school-house site 
 expressly for the accommodation of such pupils, unless with the in- 
 tention of subsequently making a redivision of the district township* 
 The county superintendent has jurisdiction only of the matter to- 
 which the appeal relates. He cannot properly upon an appeal relat- 
 ing to the location of a school house site change subdistrict bounda- 
 ries; nor can he locate a school-house site with the expectation that 
 such boundaries will ultimately be changed, unless such is shown to 
 be the intention of the board. 
 
 The right to appeal from actions of the board is confined to persons 
 injuriously affected by the decision or order of which complaint is 
 made. Section 1829. Ordinarily, a person living in one subdistrict 
 cannot properly appeal from an action of the board locating a school- 
 house site in another. 
 
 The decision of the county superintendent is set aside, and the 
 location of the school-house site is left to the discretion of the: 
 board. 
 
 REVERSED. 
 
 ALONZO ABEBNETHY, 
 Superintendent of Public Instruction.. 
 
 September 7, 1875. 
 
 11 
 
82 SCHOOL LAW DECISIONS. 
 
 J. E. Brown v. District Township of Van Meter. 
 
 J. E. BROWN v. DISTRICT TOWNSHIP OP VAN METER. 
 Appeal from Dallas County. 
 
 1. APPEAL. The adoption of the committee's report in favor of retaining 
 the old school-house site, is an action from which appeal may be taken. 
 
 2. BOARD OF DIRECTORS. The action of the board cannot be reversed 
 upon the allegations of appellant without proof, or by reason of failure 
 of the board to make defense. 
 
 3 . The acts of the board are presumed to be regular, legal and 
 
 just, and should be affirmed on appeal, unless proof is brought to show 
 the contrary. 
 
 4. : Discretionary acts of. The weight which properly attaches to 
 
 the discretionary actions of a tribunal vested with original jurisdiction, 
 does not apply to the decisions of an inferior appellate tribunal. 
 
 The county superintendent reversed the action of the board in se- 
 lecting the old site in subdistrict number two, upon which to erect a 
 new school-house, and located the site about eighty rods westward of 
 tke old one. 
 
 From this decision the district township appeals, claiming in sub- 
 stance that the county superintendent erred as follows: 
 
 1. That there was no action of the board relative to the selection 
 of a school-house site in subdistrict number two from which an ap- 
 peal would lie. 
 
 2. That the board failed, by reason of a misunderstanding, to ap- 
 pear and defend, and that they were unjustly refused a rehearing. 
 
 3. That the old site was suitable, convenient, and at the center of 
 population, both present and prospective; and that the reversal of 
 the action of the board was without sufficient cause, there being no 
 evidence that they abused their discretionary power or acted with 
 injustice. 
 
 From the transcript it appears that a committee was appointed to 
 select a site for the erection of a school-house in subdistrict number 
 two; that they reported in favor of the old site, and that their report 
 was adopted by the board. The law provides that an appeal may be 
 taken by any party aggrieved, from any order or decision of the 
 board of i directors. 
 
SCHOOL LAW DECISIONS. 3 
 
 J. E. Brown v. District Township of Van Meter. 
 
 That there was an action of the board, and that the subject-matter 
 to which such action relates is the location of a school-house site in 
 subdistrict number two, there can be no reasonable doubt; hence, the 
 action of the board was subject to appeal, and such appeal gave to 
 the county superintendent jurisdiction in the matter of the location 
 of said school-house site. Gosting v. District Township of Lincoln. 
 
 It is the duty of the county superintendent to give due notice to 
 all parties directly interested in an appeal from the board of direct- 
 ore, and to afford full opportunity for the presentation of evidence; 
 but the action of the board cannot properly be reversed upon the 
 allegations of the appellant without proof, or by reason of the failure 
 of the board to be present and make defense. The acts of the board 
 are presumed to be regular, legal and just, and should be affirmed by 
 the county superintendent unless proof is brought to show the con- 
 trary. IB aeon et al. v. District Township of Liberty. In this case, 
 however, the board appear to have had due notice and ample oppor- 
 tunity to defend the case. It is not claimed that any additional evi- 
 dence could be produced that would materially affect the issue; but 
 that the board, understanding through popular report that the case 
 was withdrawn, failed to be present at the trial, and upon this ground 
 ask for a rehearing, which was very properly refused. 
 
 The site selected by the county superintendent is nearly central, 
 being eighty rods west of that chosen by the board. Both appear to 
 be suitable. The eastern part of the subdistrict is mostly prairie 
 land, while the western portion is, to a considerable extent, timber 
 land. 
 
 The evidence as to which site will better subserve the interests and 
 convenience of the residents of the subdistrict is conflicting. The 
 board is entitled to the benefit of any doubt upon this point. Unless 
 it is clearly proven that they have violated law, abused their discre- 
 tionary power, or have acted with manifest injustice, their action 
 should be affirmed. Edwards v. District Township of West Point. 
 
 It is urged by the appellee that the same weight attaches to actions 
 of an inferior appellate tribunal, upon appeal, that is given to tribu- 
 nals having original jurisdiction. It is held that the action of the 
 
34 SCHOOL LAW DECISIONS. 
 
 D. C. Randall v. District Township of Lincoln. 
 
 board in matters of which they have original jurisdiction, is alone 
 entitled to this consideration by any superior tribunal upon appeal. 
 
 REVERSED. 
 
 ALONZO ABERNETHY, 
 Superintendent of Public Instruction. 
 September 17, 1875. 
 
 D. C. RANDALL et al. v. DISTRICT TOWNSHIP OF LINCOLN. 
 Appeal from Cerro Gordo County. 
 
 1. COUNTY SUPERINTENDENT. The county superintendent may recon- 
 
 sider and modify a decision on proof that it does not conform to law. 
 
 2. SCHOOL-HOUSE SITE. A site located by the county superintendent can- 
 
 not be changed by the board, while the condition of the district remains 
 without material change. 
 
 The board of the above named district township having located a 
 school-house site in subdistrict number six the county superintend- 
 ent; on appeal, reversed their action May 4, 1875, selecting a site one- 
 fourth of a mile further west; but upon information being received 
 that said site was not upon a public highway, according to a recent 
 decision of the circuit court, reconsidered the decision, and located 
 the site May 24, 1875, at a point near the northeast corner of the 
 northwest one-fourth of section 15, of said township,. Upon this site 
 a school : house was subsequently erected. The board at their regular 
 meeting in September relocated the site, at the point previously 
 selected at their April meeting. This action was again reversed by 
 the county superintendent on appeal. J. R. Perry, on behalf of the 
 board, appeals to the superintendent of public instruction. 
 
 The points involved in this case are, first, the right of the county 
 superintendent to re open and review a case after the decision has 
 been announced; and secondly, the right of the board to change a 
 site which has been selected by the county superintendent while the 
 condition of the subdistrict remains unchanged. 
 
 The county superintendent, upon evidence that the site had not 
 been fixed in accordance with the provisions of the law requiring 
 
SCHOOL LAW DECISIONS. 85 
 
 Joseph Hays v. District Township of Chester. 
 
 school-house sites to be upon a public highway, had authority to recall 
 the decision and select another site. 
 
 A school-house site located by the county superintendent on appeal 
 cannot be legally changed by the board while the condition of the 
 subdistrict remains without material change. 
 
 The decision of the board of September 20. to attach certain terri- 
 tory to the subdistrict did not so change its condition as to authorize 
 the relocation of the site at that meeting, since, by the provisions of 
 section 1796, School Laws of 1874, such change does not take effect 
 
 until the next subdistrict election thereafter. 
 
 AFFIRMED. 
 
 ALONZO ABERNETHY, 
 
 Superintendent of Public Instruction. 
 February 10, 1876. 
 
 JOSEPH HAYS v. DISTRICT TOWNSHIP OF CHESTER. 
 
 \ 
 Appeal from Poweshiek County. 
 
 1. APPEAL. Appeal may be taken from the action of the board in laying 
 the subject-matter of a petition on the table. 
 
 2. EVIDENCE. Sufficient latitude should be allowed in the introduction of 
 testimony to permit a full presentation of the issues involved, even if 
 irrelevant testimony is occasionally admitted. 
 
 Subdistrict number one, district township of Chester, is composed 
 of sections 1, 2, 11, 12, 13 and 14; and subdistrict number six of said 
 district township is composed of sections 23, 24, 25, 26, 27, 34, 35 and 
 36. 
 
 A petition was presented to the board of directors praying that 
 sections 1, 2, 11 and 12 be made a subdistrict. The board being in 
 session, a motion was made to form one subdistrict, to be composed 
 of said sections 1, 2, 11 and 12, and another subdistrict to be com- 
 posed of sections 13, 14, 23 and 24. This motion was lost, reconsid- 
 ered, and again lost, when, on motion, the whole subject was laid on 
 the table. 
 
 Upon appeal the county superintendent made an order for the for- 
 
86 
 
 SCHOOL LAW DECISIONS. 
 
 Joseph Hays v. District Township of Chester. 
 
 mation of two subdistricts as follows: subdistrict number one to con- 
 sist of sections 1, 2, 11 and 12; subdistrict number six to consist of 
 sections 13, 14, 23 and 24. Winchester Stockwell, on behalf of the 
 board, appeals to the superintendent of public instruction. 
 
 At the hearing before the county superintendent the appellee moved 
 to dismiss the case for the reason that the secretary's transcript shows 
 the subject-matter complained of to be still pending before the board, 
 and that no final decision or order had been made in relation to the 
 case. 
 
 From the transcript it appears that the board had twice refused by 
 direct vote to form the subdistricts in question. The subsequent mo- 
 tion to lay the whole matter on the table was a convenient method of 
 preventing further discussion. 
 
 The motion was properly overruled. 
 
 One of the errors assigned in the affidavit is, that the superintend- 
 ent permitted the introduction of testimony pertaining to matters 
 outside of those presented by the appeal. If this were true, which is 
 not apparent from the record, it would not form a valid ground for 
 reversal. 
 
 Considerable latitude should be allowed in the introduction of tes- 
 timony, to make a full presentation of the issues of the case, even 
 if irrelevant testimony is occasionally admitted. 
 
 Some of the residents npon the territory in question have an unrea- 
 sonable distance to send to school. The change made by the superin- 
 tendent establishes two subdistricts of uniform size and shape, and 
 will probably permit the erection of school-houses on permanent sites, 
 convenient of access for all; and, it is believed, will eventually prove 
 to be for the best interests of the district. 
 
 AFFIRMED. 
 
 ALONZO ABERNETHY, 
 Superintendent of Public Instruction. 
 
 April 15, 1876. 
 
SCHOOL LAW DECISIONS. 
 
 87 
 
 Mary M. Thompson v. District Township of Jasper. 
 
 MARY M. THOMPSON v. DISTRICT TOWNSHIP OJF JASPER. 
 Appeal from Adams County. 
 
 1. TEACHER. When a teacher is dismissed, in violation of his contract, an 
 action in the courts of law, on the contract, will afford him a speedy 
 and adequate remedy; when discharged for incompetency, dereliction of 
 duty, or other cause affecting his qualifications as a teacher, he has the 
 right of appeal. 
 
 2. . The teacher is entitled to the counsel and co-operation of the 
 
 subdirector and board in all matters pertaining to the conduct and wel- 
 fare of the school. 
 
 The board discharged Miss Mary M. Thompson for dereliction of 
 duty as teacher in one of the public schools of the district. She ap- 
 pealed to the county superintendent who reversed their decision; 
 from this action, the board, through their president, John McDevon, 
 appealed to the superintendent of public instruction. 
 
 At the hearing before the county superintendent, the board filed a 
 motion to dismiss the case, for want of jurisdiction, insisting that the 
 teacher, having been dismissed in accordance with the provisions of 
 section 1734, Code, her proper remedy was an action at law for dam- 
 ages. 
 
 When a teacher is dismissed, in violation of his contract, an action 
 in the courts of law, on the contract, will afford him a speedy and 
 adequate remedy; when discharged for incompetency, dereliction of 
 duty, or other cause affecting his qualifications as a teacher, he has 
 the right of appeal to the county superintendent, who is the proper 
 officer to review questions of this character, and to determine whether 
 the board have in the exercise of their authority violated the law or 
 abused their discretionary power. Questions concerning the validity 
 of contracts, the right to recover for services performed, and the in- 
 terpretation of law, belong especially to judicial tribunals. Ques- 
 tions concerning the character and qualifications of the teacher, and 
 his management of the school, are, by appeal, within the jurisdiction 
 of the county superintendent. 
 
 The motion to dismiss was properly overruled. 
 
SCHOOL LAW DECISIONS. 
 
 M. M. Crookshank y. District Township of Maine. 
 
 The charges of dereliction were, want of promptness in commenc- 
 ing school in the morning, and an occasional refusal to hear the reci- 
 tation of one or more of her pupils. For this dereliction there 
 appears to have* been some extenuating circumstances. Under the 
 contract it was the subdirector's duty to have fires built. The 
 boy employed to do this work often failed to have the school-house 
 in comfortable condition at nine o'clock; the teacher usually made up 
 lost time by teaching after four o'clock, and there is no evidence that 
 the subdirector or board ever advised her with regard to the per- 
 formance of her duties. The board convened at. the school-house 
 without previous notice to the teacher, and after taking the testimony 
 of some of her pupils, unanimously voted to discharge her. 
 
 AFFIRMED. 
 
 ALONZO ABERNETHY, 
 Superintendent of Public Instruction. 
 
 May 8, 1876. 
 
 M. M. CROOKSHANK v. DISTRICT TOWNSHIP OF MAINE. 
 Appeal from Linn County. 
 
 1. APPEAL: W hen an adequate remedy. From the exercise of ordinary dis- 
 cretion in the performance of an official duty, enjoined by law upon 
 the board, appeal may be taken to the county superintendent; but from 
 a refusal to act, or from an action thereon clearly designed to defeat the 
 purpose of the law, an application to the courts of law to compel the 
 performance of the enjoined duty will afford the most speedy, and in 
 some cases the only adequate, remedy. 
 
 A petition purporting to be signed by one-third of the legal voters 
 of the district township of Maine was presented to the board March 
 20, 1876, asking that a meeting of the electors be called to vote upon 
 the question of independent organizations. 
 
 The board ordered that the meeting be held on the day for the 
 next presidential election. On appeal this action was reversed as not 
 being in compliance with the law, and designed to defeat the purpose 
 for which it was intended, and the board was ordered to call the 
 
SCHOOL LAW DECISIONS. 39 
 
 M. M. Crookshank v. District Township of Maine. 
 
 meeting in time to permit the formation of independent districts if 
 so determined by vote of the electors. H. O. Bishop appeals to the 
 superintendent of public instruction. 
 
 The action of the board in deferring the vote to determine the 
 question of independent district organizations until the November elec- 
 tion, was evidently for the purpose of defeating the measure, since 
 by the provisions of section 1804, Code, the organization of such in- 
 dependent districts shall be completed on or before the first day of 
 August of the year in which said organization is attempted. 
 
 From the exercise of ordinary discretion in the performance of an 
 official duty enjoined by law upon the board appeal may be taken to 
 the county superintendent; but from a refusal to act or from an ac- 
 tion thereon clearly designed to defeat the purpose of the law, an 
 application to the courts of law to compel the performance of the 
 enjoined duty will afford the most speedy and in some cases the only 
 adequate remedy. 
 
 The examination of the issues involved in the case can be of no 
 avail, since the opportunity to vote upon the question of independent 
 district organizations no longer exists, the law authorizing the form- 
 ation of such districts having been repealed, to take effect July 4, 
 1876. Chapter 155, laws of the sixteenth general assembly. 
 
 The decision of the county superintendent is, therefore, reversed 
 and the case dismissed. 
 
 REVERSED. 
 
 ALONZO ABEBNETHY, 
 Superintendent of Public Instruction. 
 
 July 21, 1876. 
 
 12 
 
90 SCHOOL LAW DECISIONS. 
 
 8. W. Woods et al. v. District Township of Brighton. 
 
 S. W. WOODS et al. v. DISTRICT TOWNSHIP OF BRIGHTON. 
 Appeal from Cass County. 
 
 1. BOARD OP DIRECTORS. The acts of the board are presumed to be reg- 
 
 ular, legal and just; and should be affirmed on appeal unless proof is 
 brought to show the contrary. 
 
 2. SCHOOL- HOUSE SITE. The prospective wants of a subdistrict may prop- 
 
 erly have weight in determining the selection of a site, when such selec- 
 tion becomes necessary; but not in securing the removal of a school- 
 house, conveniently located for the present. 
 
 3. . To make a distinction between the children of freeholders and 
 
 those of tenants in determining the proper location for a school-house, 
 is contrary to the spirit and intent of our laws. 
 
 The board of directors, by a vote of five to two, rejected a petition 
 asking the removal of the school-house in subdistrict number eight. 
 On appeal, the county superintendent reversed the action of the board, 
 and ordered the removal of the school-house to the place named in 
 the petition. Wm. F. Altig appeals to the superintendent of public 
 instruction. 
 
 Subdistrict number eight contains sections 27, 28, 33, 34, and sixty 
 acres lying in section 32, and has a good, commodious school-house, 
 erected three years ago, one-half mile west of the center, on a public 
 road passing east and west through the center of the subdistrict. 
 
 There are about thirty children of school age in the Jsubdistrict, 
 twenty-two of whom reside in the western half, and nineteen west of 
 the present site. All those residing east of the present site, except 
 one child, are within a mile and a half of the school-house, while by 
 the proposed removal, a large number would be at a greater dis- 
 tance. 
 
 The action of the board in refusing to remove a school -house 
 should not be interfered with on appeal, except upon evidence of vi- 
 olation of law, or abuse of discretionary power. In this case there is 
 no evidence of such abuse. 
 
 The prospective wants of a subdistriot may properly have weight 
 in determining the selection of a site upon which to build a school- 
 
SCHOOL LAW DECISIONS. 91 
 
 Baptist Hardy v. District Township of Wyacondah. 
 
 house, when such a selection becomes necessary, but not in determin- 
 ing the removal of a house, located conveniently for the present 
 wants of the subdistrict. 
 
 It appears that a considerable portion of the school population 
 consists of the children of tenants, and much stress is laid upon the 
 assumed distinction that should be made between the children of 
 tenants and those of freeholders, in determining the proper location 
 of the school-house. Distinctions based upon the ownership of prop- 
 erty, or permanence of residence are not made in the law, would 
 not well comport with the fundamental principles upon which our 
 public school system is based, and should not have weight in deter- 
 mining the location of school-house sites. 
 
 It is the duty of the board to provide equal school facilities for the 
 youth of the district as far as practicable, regardless of considera- 
 tions relating to permanence of residence. 
 
 The school-house may properly be removed whenever the condi- 
 tions of the subdistrict require it, but unnecessary expense should not 
 be incurred in such removal in anticipation of possible, or even prob- 
 able, changes of this character. 
 
 REVERSED. 
 
 ALONZO ABERNETHY, 
 Superintendent of Public Instruction. 
 
 July 31, 1876. 
 
 BAPTIST HARDY v. DISTRICT TOWNSHIP OF WYACONDAH. 
 Appeal from Davis County. 
 
 JURISDICTION. In cases involving the validity of district organization no 
 appeal will lie. The remedy is a writ in the nature of quo warranto. 
 
 On the third day of April, 1876, at a special meeting of the five 
 members of the board of directors, a petition from one-third of the 
 voters was received in favor of organizing independent districts, and 
 an election was ordered for the 15th of April, to submit the question 
 of changing the district township organization to that of independent 
 districts under the provisions of sections 1815-1818, Code. 
 
<)2 SCHOOL LAW DECISIONS. 
 
 Baptist Hardy v. District Township of Wyacondah. 
 
 The election was held and a majority of fourteen decided in favor 
 of separate organization. The board, at a special meeting on the 27th 
 of May, called meetings in each subdistrict for the election of officers 
 according to law. 
 
 On the 10th of June, the day designated by the board for said 
 election, five subdistricts elected officers and by implication the others 
 did not. 
 
 From the last order Baptist Hardy appealed to the county superin- 
 tendent, because all the several acts or steps by which this last action 
 was reached were resting upon an illegal act or in fact on no act at 
 all, since the special meeting claimed to have been held on April 3, 
 was not a meeting of said board, but only the action of five members 
 of the board who met accidentally. 
 
 The county superintendent dismissed the case for want of jurisdic- 
 tion, and Mr. Hardy appeals to the superintendent of public instruc- 
 tion. 
 
 While the alleged irregularities in this case differ, the main issue 
 is the same as that in IT. T. JBowen v. District Township of Lafayette^ 
 p. 124, School Law Decisions of 1876, and since all the essential 
 features are there disposed of, it is unnecessary to review them. 
 Side issues might be decided by this department; but it is deemed 
 useless to do so, as the want of jurisdiction in cases involving the 
 validity of district organizations, gives us no power over the main 
 issue. The decision of the county superintendent is 
 
 AFFIBMED. 
 
 C. W. VON COELLN, 
 Superintendent of Public Instruction. 
 
 September 27, 1876. 
 
SCHOOL LAW DECISIONS. 93 
 
 J. N. Arthur et al. v. Independent District of Fairway. 
 
 J. N. ARTHUR et al. v. INDEPENDENT DISTRICT OF FAIRWAY. 
 Appeal from Adams County. 
 
 1. SCHOOL-HOUSE SITES: Location of. The necessities of the present must 
 
 be observed in locating school-house sites, in preference to the probabil- 
 ities of the future. 
 
 2. NEW EVIDENCE. New evidence can be introduced only when the facts 
 
 materially affecting the case could not have been known before the trial. 
 
 3. REMANDING OF CASES. When the evidence discloses that the action of 
 
 the board was an unwise one, and the facts are not sufficiently shown to 
 determine what should be done, the case should be remanded to the 
 board. 
 
 In this case the board of the independent district of Fairway, num- 
 ber three, made an order on the 26th of April relocating the school- 
 house site; from this order John N. Arthur, John Weller and others, 
 residents of the district, appealed to the county superintendent, and 
 upon his affirming the action of the board, to the superintendent of 
 public instruction. 
 
 The district consists of sections one, two, eleven, twelve, thirteen 
 and fourteen, and the old school-house stands near the southwest 
 corner of the southeast quarter of section one. The proposed new 
 site is in the northwest corner of the southwest quarter of the north- 
 west quarter of section twelve, on a public highway, and one quarter 
 of a mile north of the geographical center of said district. 
 
 The grounds of obj ection by the appellants to the removal are sub- 
 stantially, that the new site is on low bottom lands and subject to 
 overflow, not accessible at all times of the year; and that it is not as 
 near the center of school population as the old site. They also sug- 
 gest, that a location at the cross-roads one-half mile east of new site 
 is better ground and more convenient to the people. In fixing the 
 school-house site, the geographical position and the convenience of 
 the people of each portion of the district should be considered. Sec- 
 tion 1724, School Laws of 1876. 
 
 From the large amount of testimony it is evident that the new site 
 chosen is in a low place, and an affidavit sent to this office, and signed 
 
94 
 
 SCHOOL LAW DECISIONS. 
 
 J. N. Arthur et al. v. Independent District of Fairway. 
 
 by a number of residents, proves beyond question that the site has 
 been overflowed for several days of the last month. By a close com- 
 parison it is found that the number of residents who will have their 
 distance to school increased by choosing the new site, is greater than 
 of those who will have their distance diminished. By locating the 
 school-house at the cross-roads, one-half a mile east of the proposed 
 new site, which is claimed to be higher, and, therefore, less liable to 
 overflow, three-fourths of the residents will have their distance di- 
 minished by forty to one hundred and sixty rods. 
 
 Although it may be true, as is affirmed in the testimony, that the 
 western part of the district is as capable of settlement as the eastern 
 part, the necessities of the present must be observed in locating 
 school-house sites, in preference to the probabilities of the future. 
 While it is the rule of this department to sustain discretionary acts of 
 the board, it seems that in this case the true interest of all concerned, 
 and justice to a large portion of the people, demands that the school- 
 house should not be moved to the new site chosen. 
 
 To what extent the high waters of last month did affect the other 
 locations under consideration, is not known to this department; it is, 
 therefore, best to let the matter come up anew before the county 
 superintendent for a rehearing. 
 
 The decision of the county superintendent is, therefore, reversed, 
 and the case remanded for a rehearing, with the direction from this 
 department, that the proposed new site is an unsuitable one for school 
 
 purposes. 
 
 REVERSED. 
 
 C. W. VON COELLN, 
 
 Superintendent of Public Instruction. 
 October 31, 1876. 
 
SCHOOL LAW DECISIONS. 95 
 
 R. Buzzard v. Independent District of Liberty.. 
 
 R. BUZZARD v. INDEPENDENT DISTRICT OP LIBERTY. 
 Appeal from Monroe County. 
 
 Quo WARRANTO. The only proper means of affirming the right to exer. 
 cise the privilege of an office, or to contest the illegal exercise of the 
 same, is set forth in sections 3345-3352, Code of 1873. 
 
 This is an action brought to compel the board of the independent 
 district of Liberty to recognize R. Buzzard as a member elect. 
 
 The evidence in the case seems to show that the appellant was duly 
 elected and qualified. On presenting himself at the meeting of the 
 board, he was, by vote of the board, debarred from acting, and another 
 person admitted as a member. 
 
 From this order of the board, he appealed to the county superin- 
 tendent, who dismissed the case for want of jurisdiction. 
 
 From this action, R. Buzzard appeals to the superintendent of pub- 
 lic instruction. 
 
 It has been the uniform decision of this department that the right 
 or title to office cannot be determined by any authority other than a 
 court of law. 
 
 We are compelled to agree with former opinions, by supreme court 
 decisions, 16 Iowa, 371; 17 Iowa, 368; 22 Iowa, 75, in which the fact 
 that an information, quo warranto, is the only proper means legally to 
 affirm the right to exercise the privileges of an office, or to contest 
 the illegal exercise of the same, is clearly set forth. 
 
 In all cases over which we have jurisdiction, our decision is final; 
 hence, if for no other reason, we cannot assume jurisdiction in this 
 matter, as both parties have access to the courts, as provided by sec- 
 tions 3345-3352 of the Code. 
 
 The county superintendent, therefore, very properly decided to dis- 
 miss the appeal, and his order in the case is hereby 
 
 AFFIRMED. 
 
 C. W. VON COELLN, 
 Superintendent of Public Instruction. 
 
 July 2, 1877. 
 
SCHOOL LAW DECISIONS. 
 
 William Hays v. District Township of Jefferson. 
 
 WILLIAM HAYS v. DISTRICT TOWNSHIP OF JEFFERSON. 
 Appeal from Butler County. 
 
 HIGHWAY. Since the law requires a school-house site to be located on a 
 public highway, such public highway must be fully established by law 
 before the location canbe made. 
 
 In this case, the board relocated the site for a school-house in sub- 
 district number three, changing it from the northeast corner of sec- 
 tion 35 to the center of the district, one-half mile farther north.; 
 
 Appeal was taken to the county superintendent, who, on trial, af* 
 firmed the action of the board. From his decision, Wm. Hays ap- 
 peals to this department. 
 
 Subdistrict number three is three sections in length and two in 
 width, comprising sections 23, 24, 25, 26, 35 and 36. The school house 
 stands on the northeast corner of section 35, or in the center of the 
 four sections, 25, 26, 35 and 36. The large size of the district and 
 the fact that sections 25 and 26 have a number of wide sloughs run- 
 ning through them, have caused great dissatisfaction to a portion of 
 the residents. To compromise the matter an effort was made to 
 locate a road connecting the two roads running east and west through 
 the district and passing by the center. The road would be one and 
 one-half miles long. The supervisors, probably at their September 
 meeting, ordered a part of this road, one mile commencing at the 
 quarter post between sections 23 and 24 and running sorith, to be 
 opened on certain conditions which were to be fulfilled before their 
 January session. The record shows that these conditions were not 
 fulfilled by that time, and does not show any final action as provided 
 by section 947 of the Code. Hence the road has not been established 
 by law, neither does the evidence show that it has been established 
 in fact, unless the hauling of a few loads of hay along the prairie 
 makes a road of the wagon track. Hence, if for no other reason, 
 the action of the board violated the law by locating the house away 
 from a public highway, and the county superintendent erred in affirm- 
 ing said action. 
 
 It is the duty of the superintendent to satisfy himself that all the 
 
SCHOOL LAW DECISIONS. 97 
 
 William Hays v. District Township of Jefferson. 
 
 conditions of the law are strictly observed in the location of a school- 
 house. We are strongly in favor of supporting boards in their exer- 
 cise of discretionary power; but an appeal is made for the purpose of 
 testing the equity of the case. 
 
 To remove a school-house from the center of a four section district 
 to accommodate a larger district which must sooner or later be re- 
 duced, is, to say the least, unwise. 
 
 Besides, equity in this case is utterly disregarded, when persons 
 are obliged to travel five miles by the road, to a school-house situated 
 in a cul de sac, or at the end of the road. This is not bettered by 
 the fact that this location is the center of the district. Would it be 
 wise to locate in such center, provided it was a duck pond? From 
 the evidence, this is but little better, because surrounded by sloughs 
 on all sides. 
 
 In a district three miles long and two miles wide, there is great 
 probability that some will be deprived of the privileges of school by 
 reason of distance. It is suggested that if the requisite number of 
 children is not lacking, the board redistricts subdistricts three and 
 five, making three subdistricts of four sections each instead of two 
 with six each. This would seem to remove all difficulty of location 
 of school-house sites. 
 
 As the action of the board violated law in not establishing the 
 school-house site upon a public highway, and since the county super- 
 intendent sustained the order, his decision is hereby 
 
 REVERSED. 
 
 C. W. VON COELLN, 
 Superintendent of Public Instruction. 
 
 July 6, 1877. 
 
 13 
 
SCHOOL LAW DECISIONS. 
 
 J. J. Wilson et al. v. District Township of Monroe. 
 
 J. J. WILSON et al. v. DISTRICT TOWNSHIP OF MONKOE. 
 Appeal from Mahaska County. 
 
 1. COUNTY SUPERINTENDENT: Jurisdiction of. The county superintend- 
 
 ent is not limited to a reversal or affirmance of the action of the board, 
 but he determines the same questions which they had determined. 
 
 2. SCHOOL- HOUSE SITE: Location of. The location of a school-house can 
 
 be dependent upon a change of boundaries only when it is shown in evi- 
 dence that it is the intention to make such change. 
 
 3. CONDITIONAL RULING. A county superintendent may make a condi- 
 
 tional ruling, by which his own decision is governed. 
 
 On the 14th day of April, 1877, the board of the above named dis- 
 trict township located the site for a school-house. 
 
 From their action J. J. Wilson and others appealed to the county 
 superintendent, alleging that the board had erred in making the loca- 
 tion, in that, by reason of distance owing to the location of the roade, 
 the location as made effectually deprived many of the subdistrict of 
 the privilege of attendance at school. On trial, the county superin- 
 tendent reversed the action of the board and located a new site. 
 From his decision the board appealed to this department, claiming 
 that the county superintendent erred in selecting a site entirely differ- 
 ent from those with reference to which testimony was taken ; that it 
 is on the extreme east line of said subdistrict, and hence cannot be 
 called at all central; that the board took into account in making the 
 location the possibility of a change in the northern boundary of the 
 subdistrict, which would make the situation chosen a suitable one for 
 the remaining subdistrict; that a portion of his decision was condi- 
 tional and void; and that the board did not abuse the discretion 
 vested in them by making the location as they did. 
 
 The assumption that the county superintendent did not have the 
 right to locate a school house site differing in location from the one 
 made by the board, or the one petitioned for by the appellants, is a 
 mistake. See John Clark v. District Township of Wayne, School 
 Law Decisions, 1376, page 47; also opinion of the attorney general in 
 
SCHOOL LAW DECISIONS. 99 
 
 J. J. Wilson et al. v. District Township of Monroe. 
 
 Iowa School Journal for April, 1866, in which the following ruling 
 was made: 
 
 "The county superintendent is not limited to a reversal or affirm- 
 ance of the action of the board, but he determines the same questions 
 which it had determined." The nature of the subdistrict is peculiar. 
 It is long and narrow, and its western boundary, the North Skunk 
 river, which also makes nearly all its southern boundary, is a disturb- 
 ing element when we attempt to locate the site of a school-house to 
 accommodate all the people. 
 
 While under ordinary circumstances a site near the boundary of a 
 subdistrict would be unadvisable, in this case it seems necessary, un- 
 less additional road facilities can be secured. 
 
 The site selected by the county superintendent is clearly the one 
 best calculated to accommodate the whole subdistrict as constituted 
 at present. 
 
 The location of a school-house site can be dependent upon a change 
 of boundaries only when it is shown in evidence that it is the inten- 
 tion of the board, or boards, to make such change. See E. Oosting 
 v. District Township of Lincoln, School Law Decisions, page 80. In 
 this case, it is not claimed that any change is actually intended or 
 expected. The limit, as made provisionally by the county superin- 
 tendent, of thirty days for such changes of roads as would make a 
 more central location feasible and desirable, was too short a time, 
 under the provisions of law, to effect the result. For that reason we 
 shall extend the time for the establishment of a road to ninety days 
 from the date of his decision, or to such time as the board of direct- 
 ors may show to be necessary to establish the road, provided, that 
 immediate steps shall be taken to bring about the result, if desired. 
 
 The discretion of the board was evidently abused in not providing 
 equal school facilities for those living in the northern portion of the 
 subdistrict, by their location of the school-house site. 
 
 In case the road contemplated is secured, the board may locate the 
 site thereon, as near the center of the district as good and suitable 
 ground can be found. If no steps are taken to secure such a road, or 
 in case the road cannot be procured, the location last chosen by the 
 
}QQ SCHOOL LAW DECISIONS. 
 
 Kennon, Orme, Bullock et al. v. Independent District Number Four, Nodaway Township. 
 
 county superintendent is to be regarded as the site, and his decision 
 is hereby 
 
 AFFIRMED. 
 C. W. VON COELLN, 
 
 Superintendent of Public Instruction. 
 August 7, 1877. 
 
 KENNON, ORME, BULLOCK et al. v. INDEPENDENT DISTRICT NUMBER 
 FOUR, NODAWAY TOWNSHIP. 
 
 Appeal from Adams County. 
 
 1. SCHOOL HOUSE SITE. The choice of a school-house site by the electors 
 
 has no binding force. 
 
 2. DISCRETIONARY ACTS. Since the board have original jurisdiction, their 
 
 discretionary acts should not be interfered with by an appellate tribunal, 
 although not agreeing with their judgment, unless they violated law, 
 showed prejudice or malice, or abused their discretion in such a manner 
 as to require interference. 
 
 At the annual meeting in March, 1877, the electors of independent 
 district number four, Nodaway township, voted to issue bonds to 
 build a school-house, not specifying where to build said house. The 
 board called an informal meeting of the electors, which was held 
 May 12, to give expression to their views as to the location they 
 would prefer. On the second of June the board made a location 
 differing from the one which a majority of the electors had indicated 
 as their choice. From this order of the board, Kennon, Orme, Bul- 
 lock et al.) appealed to the county superintendent, who on trial, re- 
 versed the order of the board, and selected the site chosen by the 
 electors at the special meeting. David Shipley and Joseph Landes, 
 members of the board, appeal to the superintendent of public in- 
 struction. 
 
 The evidence in the case discloses a desire on the part of the board 
 to determine without prejudice, the best site. The expression of the 
 electors, as given, was only suggestive, and not of binding force. If 
 the site had been fixed by them at the time of, and in connection 
 
SCHOOL LAW DECISIONS. 
 
 101 
 
 Kennon, Orme, Bullock et al. v. Independent District Number Four, Nodaway Township. 
 
 with, the voting of the bond?, the board would have been compelled 
 to follow those instructions. See Hubbard v. District Township of 
 Lime Creek, School Law Decisions, page 78, first division of -syllabus. 
 But there is no provision in law for an extra or special meeting of 
 electors to instruct a board with regard to the location of a site, nor 
 are such suggestions of any force except as an expression of opinion, 
 since the board are by law invested with the power to locate sitee. 
 
 The fact that one member of the board changed his mind with re- 
 gard to the best location, shows, that on further consideration, his 
 judgment led him to favor the site best adapted to the needs of the 
 district, since we may not question his motives, but must regard his 
 action as based upon proper grounds. 
 
 The site chosen by the board is near the geographical center of the 
 district; and the location of the roads, as shown by the plat in evi- 
 dence, is such as would not warrant us in reversing the discretionary 
 act of the board. And even though an appellate tribunal does not 
 fully coincide with the decision of the board, it is compelled to sus- 
 tain their action, unless it is proved conclusively that they violated 
 law, acted with passion or prejudice, or with manifest injustice, since 
 boards of directors are invested by law with large discretionary pow- 
 ers, and, having original jurisdiction, their acts are entitled to great 
 consideration, and should not be reversed without the clearest rea- 
 sons. The board are entitled to the benefit of every doubt. See 
 Bacon v. District Township of Liberty, School Law Decisions of 1876, 
 page 150; Edwards v. District Township of West Point, School Law 
 Decisions, page 35; also Brown v. District Township of Van Meter > 
 School Law Decisions, page 82. 
 
 Because we do not believe that the discretionary power of the 
 board has been abused to such an extent as to require a reversal, the 
 county superintendent should have affirmed the action of the board, 
 and his decision is hereby 
 
 REVERSED. 
 
 C. W. VON COELLN, 
 
 Superintendent of Public Instruction. 
 November 13, 1877. 
 
1Q2 SCHOOL LAW DECISIONS. 
 
 T. J. Dunlavy v. O. M. Klinginsmith. 
 
 T. J. DUNLAVY v. O. M. KLINGINSMITH. 
 Appeal from Davis County. 
 
 \. PUNISHMENT. The use of the rod is allowable as a last resort. 
 
 2. CERTIFICATE: Revocation of. The inability to govern is sufficient reason 
 for withholding a certificate and for the revocation of the same. 
 
 3. : A certificate which has expired by limitation cannot be 
 
 revoked. 
 
 In this case of T. J. Dunlavy brought charges against O. M. Klingin- 
 smith, the teacher of his children, for brutal treatment, the specifica- 
 tion being that said Klic ginsmith whipped Dunlavy 's step son cruelly 
 and excessively. Other charges were first prepared, but finally with- 
 drawn. The county superintendent decided that the charges were 
 not sustained, and Mr. Dunlavy appeals to this department. 
 
 The claim made by appellant's counsel, that all whipping is now 
 nearly frowned down by the people, if not by the courts, does not 
 seem to be well founded, when we consider the strong position taken 
 by our own court in 45 Iowa, 250. That the use of the rod is the last 
 resort of a good teacher, and is seldom used, we all admit; but 
 scarcely an experienced educator will say that the use of the rod 
 should be absolutely discontinued. On the other hand, the counsel 
 for appellee mistakes the jurisdiction of the county superintendent, 
 when he claims that such a case as this one cannot affect the with- 
 holding or revocation of a certificate. 
 
 Although the general character of the teacher may be good, if he 
 should fail to be able to govern a school without the constant use of 
 the rod, and govern but poorly at that, it is the duty of the county 
 superintendent to protect the people from abuse by refusing to grant 
 a certificate, or if he has granted it, he may revoke. 
 
 In the case before us, it is undoubtedly true that the boy who 
 received the whipping had provoked the teacher and deserved by his 
 persistent small offenses a severe punishment. That the punishment 
 was severe, and perhaps too severe, is apparent from the evidence. 
 There is, however, no good proof to show that the teacher punished 
 with malice or intent to injure beyond a reasonable correction. 
 
SCHOOL LAW DECISIONS. 1Q3 
 
 Z. Darnell v. Independent District of Amity. 
 
 The case itself ought to have been dismissed by the county super- 
 intendent, because, if there was any object in the charges, it was for 
 the purpose of revoking the certificate; but a certificate expiring by 
 limitation on the 6th of January could not be revoked on the 22d of 
 January. 
 
 As long as the case was decided on its merits, we feel obliged to 
 sustain the discretionary act of the county superintendent. 
 The decision of the county superintendent is hereby 
 
 AFFIRMED. 
 
 C. W. VON COELLN, 
 Superintendent of Public Instruction. 
 April 22, 1878. 
 
 Z. DARNELL v. INDEPENDENT DISTRICT OF AMITY. 
 Appeal from Lucas County. 
 
 1. SUSPENSION OR EXPULSION. Suspension or expulsion of a scholar, in 
 
 an independent district, requires the action of the board by a majority, 
 and the concurrence of the president. 
 
 2. RECORD. The record of the secretary must be considered as evidence, 
 
 unless there is proof of fraud or falsehood. 
 
 The majority of the board of the independent district of Amity, 
 expelled Z. Darnell from their school for refusing to obey a rule of 
 the teacher. The said Darnell appealed to the county superintendent, 
 who affirmed the action of the board, and an appeal is taken to the 
 superintendent of public instruction . 
 
 Section 1735 requires a majority of the board with the concurrence 
 of the president in order to suspend or expel a scholar for gross im- 
 morality or persistent violation of the regulations or rules of the 
 school. 
 
 This we interpret to mean, that the board, in regular or special ses- 
 sion, can by a majority of the board, with the concurrence of the 
 president, suspend or expel. 
 
 While there is some doubt in this case whether there really was a 
 meeting of the board, we must accept the record of the secretary as 
 correct so long as there is no proof of fraud or falsehood. 
 
1Q4 SCHOOL LAW DECISIONS. 
 
 James Jacoby et al. v. Independent District of Nodaway. 
 
 Counsel for appellant seems to think that the law requires a regular 
 trial and defense. 
 
 The law makes no such demand. The remedy for an aggrieved 
 party is an appeal before the county superintendent, where a trial 
 is had and a defense can be made. 
 
 The case in controversy shows on the trial that the young man, 
 Darnell, had not obeyed the command of his teacher, who inflicted a 
 slight punishment upon him and others; for a disturbance in which 
 both he and other boys had participated. 
 
 If this refusal to obey was persisted in, the board, under section 
 1735, had the right to suspend or expel the said Darnell. 
 
 The offense for which the punishment was given was perhaps of 
 trivial character, but the refusal to obey on the part of a young man 
 capable of reasoning, was a serious offense, and must be treated as 
 such. 
 
 The expulsion of the young man was undoubtedly a severe meas- 
 ure, and if the case had been tried by us de novo, we should have 
 substituted a conditional suspension until obedience was secured. 
 But the discretionary act of the board is not tainted by malice nor 
 passion, and there is sufficient reason for sustaining the action of the 
 board. The dacision of the county superintendent is, therefore, 
 
 AFFIRMED. 
 
 C. W. VON COELLN, 
 Superintendent of Public Instruction. 
 
 June 10, 1878. 
 
 JAMBS JACOBY et al.' v. INDEPENDENT DISTRICT OF NODAWAY. 
 Appeal from Adams County. 
 
 SCHOOL-HOUSE SITE. A school-house site fixed by county or state super- 
 intendent affirming the discretionary act of the board, allows the board 
 to exercise their discretion again, especially if material changes have 
 occurred . 
 
 In the summer of 1877, the board of the independent district of 
 Nodaway located a school-house site. 
 
SCHOOL LAW DECISIONS. 1Q5 
 
 James Jacoby et al. v. Independent District of Nodaway. 
 
 They selected one not desired by a large majority of the electors, 
 as expressed at an informal meeting called by the board. An appeal 
 was taken to the county superintendent, who reversed the action of 
 the board, and in turn to the superintendent of public instruction, 
 who reversed the decision of the county superintendent, thereby sus- 
 taining the action of the board on the ground that abuse of the dis- 
 cretion given by the law to the board, as charged, was not proved. 
 
 Since the decision above referred to was rendered, a dwelling has 
 been erected within twenty rods of the site chosen. 
 
 Also, a material addition has been made to the district on its east 
 side of a strip of land three miles in length and one half mile in 
 width. At a meeting of the board of directors held April 22, 18*78, 
 they relocated the school-house site, choosing the old site in place of 
 the one selected by them last year. From their action James Jacoby 
 and others appealed to the county superintendent, who affirmed the 
 order of the board. From his decision D. Shipley and Ed. Kennedy 
 appeal to the superintendent of public instruction. 
 
 This case was before us last year and we affirmed the action of the 
 board in selecting the new site, sustaining the discretionary act of the 
 board. Hence, the principle that a site selected by the county or 
 state superintendent cannot be changed unless there have been ma- 
 terial changes in the district, does not apply. There have been 
 changes by the addition of new territory and a dwelling feeing erected 
 within less than forty rods of the proposed site. The choice of the 
 old site is in conformity with the wish of a majority of the electors, 
 and does not prove any abuse of discretion, much less a violation of 
 law. The action of the board is therefore sustained,- and the decis- 
 ion of the county superintendent 
 
 - AFFIRMED. 
 C. W. VON COELLN, 
 Superintendent of Public Instruction. 
 
 August 26, 1878. 
 
 14 
 
106 
 
 SCHOOL LAW DECISIONS. 
 
 L. E. Cormack et al. v. District Township of Lincoln. 
 
 L. E. CORMACK v. DISTRICT TOWNSHIP OF LINCOLN. 
 Appeal from Adams County. 
 
 1. CONTRACTS. An appeal will not lie to enforce a contract. 
 
 2. JANITORIAL SERVICES. If a teacher serves as janitor in sweeping the 
 
 room and building fires, he should be paid from the contingent fund for 
 such services, 
 
 Mr. Vandyke, a subdirector in the district township of Lincoln, 
 contracted with Mrs. L. E. Cormack as teacher for the winter term of 
 school. The terms of the contract included that the teacher was to 
 receive twenty-five dollars per month for teaching and one dollar and 
 twenty- five cents a month for building the fires and sweeping the 
 school-house. The board refused to audit the full account, which 
 would give the teacher pay for janitor's work, claiming that said sub- 
 director exceeded his authority in so contracting. Mrs. Cormack ap- 
 pealed to the county superintendent who reversed the action of the 
 board. W. C. Potter, president of the board, appeals to the superin- 
 tendent of public instruction. 
 
 This case has evidently for its object the securing of money on 
 contract and as section 1836 prevents county and state superintend- 
 ents from rendering a judgment for money, it has been the common 
 custom to refuse to entertain any appeal in which a contract is to be 
 decided by such appeal; for this reason the county superintendent 
 should have dismissed the case for want of jurisdiction. 
 
 It may not be out of place here to state, that unless a contract with 
 the teacher provides that building fires and sweeping the house is in- 
 cluded, the board cannot require such service of the teacher. The 
 payment for such services should come from the contingent fund and 
 should be specifically mentioned. The teachers' fund is not to be 
 used for paying for janitorial services. 
 
 Without deciding any question at issue, we are of the opinion that 
 the subdirector did not exceed his authority given him by section 
 1753 when he agreed to pay a reasonable sum for janitorial services 
 beside the twenty-five dollars paid under instruction from the board 
 for teacher's services. But since we do not consider the case within 
 
SCHOOL LAW DECISIONS. 1Q7 
 
 District No. 2, Harlan Township v. District No. 1, Harlan Towcship. 
 
 our jurisdiction the decision of the county superintendent is reversed 
 and the case dismissed. 
 
 REVEKBEI*, 
 C. W. VON COELLN, 
 
 Superintendent of Public Instruction. 
 March 1, 1879. 
 NOTE. We have since learned that the teacher recovered in a suit in the courts at law. 
 
 DISTRICT No. 2, HARLAN TOWNSHIP, v. DISTRICT No. 1, HARLAN 
 
 TOWNSHIP. 
 
 Appeal from Page County. 
 
 1. AFFIDAVIT. The lack of an affidavit is sufficient ground to refuse a 
 
 hearing. 
 
 2. ARBITRATION. If the county superintendent is asked to arbitrate no 
 
 appeal will lie. 
 
 3. TUITION. Collection of tuition under section 1793 cannot be done by 
 
 appeal to the county superintendent, but must be settled through the 
 courts. 
 
 We fail to find in this case the affidavit of appeal from an action 
 of the board of number one. This of itself is such an irregularity 
 as to invalidate the whole proceeding. From the secretary's tran- 
 script and the evidence we learn that district number two presented 
 a bill of tuition to district number one, and that the latter refused to 
 pay the same, whereupon the two boards agreed to an arbitration by 
 the county superintendent. If this is the transaction we have no 
 right to meddle with such arbitration, and it should be adhered to by 
 both parties. If the case had been regularly before the county su- 
 perintendent on appeal based upon proper affidavit our opinion is 
 that the county superintendent should have dismissed the case, as it 
 was indirectly a judgment for money, which neither county nor state 
 superintendent can decide. Section 1836, Code of 1873. The man- 
 ner of deciding such cases is indicated in section 1793. The account, 
 if refused, should have been presented to the county auditor, and by 
 
1Q8 SCHOOL LAW DECISIONS. 
 
 W. F. Eankin v. District Township of Lodomillo. 
 
 him be paid from the next semi-annual apportionment. The other 
 board has a remedy by ic junction upon the auditor. 
 
 We would add here that we have held that such a notice by a sec- 
 retary holds good only for the term, or for such longer time as the 
 board may agree upon. 
 
 At present, with the amendment made by the seventeenth general 
 assembly, chapter 41, no such account can be made except by consent 
 of the county superintendent, in which case no appeal will lie. 
 
 With these explanations we feel obliged to dismiss the case as not 
 within our jurisdiction. 
 
 DISMISSED. 
 C. W. VON COELLN, 
 
 Superintendent of Public Instruction. 
 April 24, 1879. 
 
 W. F. RANKIN v. DISTRICT TOWNSHIP OF LODOMILLO. 
 Appeal from Clayton County. 
 
 1. RECORDS. The record of the secretary shall be considered as evidence, 
 
 and not be invalidated by parol evidence unless there is proof of fraud 
 or falsehood. 
 
 2. TERRITORY: transfer of. Where territory is to be transferred by con- 
 
 current action of two boards to the district to which it geographically 
 belonged, a majority of the members elect is not necessary, as required 
 for the change of subdistrict boundaries. 
 
 This appeal relates to the transfer of territory in the civil township 
 of Cass, which has belonged to the district township of Lodomillo 
 since 1856, to the township to which it geographically belongs. 
 , The board of the district township of Cass appointed a committee 
 to meet a committee chosen by the Lodomillo board, to agree upon 
 terms of transfer. The district township of Lodomillo also appointed 
 a committee. The joint committee agreed upon a report, which the 
 board of Cass adopted September 16, 1878. On the 12th day of Oc- 
 tober, 1878, the LodomiJlo board, by a vote of four of the six mem- 
 bers present of a board of ten, also adopted the report and accepted 
 the proposition agreed to by the board of Cass. 
 
SCHOOL LAW DECISIONS. 1QQ 
 
 W. F. Rankin v. District Township of Lodomlllo. 
 
 From the action of the Lodomillo board Wm. F. Rankin appealed 
 to the county superintendent, who dismissed the case for want of 
 j arisdiction, and stated that the action of the board was plainly- in 
 violation of law, since the law, section 1738, requires a majority of 
 the board to change the boundaries of subdistricts. From this decis 
 ion W. F. Rankin appeals to the superintendent of public instruc- 
 tion. 
 
 The secretary's transcript of the transactions of the meeting of the 
 board of Lodomillo, held October 12, 1878, does not show any irregu- 
 larity in the transaction; does not show the number of members pres" 
 ent, nor the number of votes cast by which the motion was carried. 
 
 According to a well established principle of law the records of any 
 public or private corporation must be considered as regular, and can- 
 not be set aside by parol evidence, except under an allegation of 
 fraud. Based upon the evidence of the transcript the whole transac- 
 tion was carried on in conformity with law, and we can see no reason 
 to interfere with the action of the board. 
 
 If we admitted the testimony of M. E. Axtel, showing that only 
 six members of a board of ten were present, and that four of these 
 six voted for the transfer, we would still hold that said transfer was 
 legally made. 
 
 The action of the board was not a change of boundaries of subdis- 
 tricts, but a transfer under section 1798. The territory transferred, 
 being part of districts organized before the law of 1858 took effect, 
 could be transferred by concurrent action of the boards to the district 
 to which it geographically belongs, and the limitation of section 
 1738, requiring a majority of the board to change subdistrict bounda- 
 ries, is not applicable to this case. 
 
 The appeal is brought from the action of the board, which con- 
 curred, and is therefore taken in a proper manner. For the reason 
 set forth the action of the board is sustained and the decision of the 
 
 county superintendent is 
 
 REVERSED. 
 
 0, W. VON COELLN, 
 
 Superintendent of Public Instruction. 
 May 28, 1879. 
 
SCHOOL LAW DECISIONS. 
 
 L. B. Colburn v. District Township of Silver Creek. 
 
 L. B. COLBURN et al. v. DISTRICT TOWNSHIP OF SILVER LAKE. 
 Appeal from Palo Alto County. 
 
 1. EVIDENCE. To establish malice or prejudice on the part of the board, 
 
 positive evidence must be introduced. 
 
 2. COUNTY SUPERINTENDENTS. A county superintendent should not ask 
 
 the state superintendent to decide a case on appeal for him, but may ask 
 for an interpretation of law, either by the state superintendent, or 
 through him, by the attorney general. 
 
 On the 25th day of August, 1879, the board of the district town 
 ship of Silver Lake fixed the location of a school house on the old 
 site. 
 
 From this order of the board, L. B. Colburn and others appealed to 
 the county superintendent, who affirmed the action of the board, and 
 from this decision the same parties appeal to the superintendent of 
 public instruction. 
 
 Among the errors enumerated, the appellants urge that the county 
 superintendent erred in holding that the board was not actuated by 
 passion or prejudice. 
 
 We fail to find any evidence establishing the existence of such 
 malice or prejudice on the part of the board. Appellants also claim 
 that the county superintendent erred in basing his decision on the 
 verbal opinion of the state superintendent, given prior to the hearing 
 of the case. 
 
 This gives us an opportunity of censuring a practice quite common 
 among county superintendents to ask the superintendent of public 
 instruction for his opinion in an appeal which is pending. I have 
 made it a universal practice to refuse answers upon the questions in- 
 volved in the particular case, and have given only the general princi- 
 ples which should govern county superintendents in determining cases 
 of appeal. These general principles are so well established that an 
 intelligent county superintendent ought to be familiar with them. 
 
 I believe that I advised the county superintendent in this case not 
 to measure the respective distances of the different locations from the 
 geographical cenier, before the trial of the appeal. 
 
SCHOOL LA.W DECISIONS. 
 
 William Bartlett v. District Township of Spencer. 
 
 It is proper for a county superintendent to ascertain the interpre- 
 tation of points of law, by securing an opinion from this department, 
 or from the attorney general, through this department. 
 
 Without fully determining the merits of the respective locations, 
 we must hold that the board did not abuse their discretion sufficiently 
 to warrant interference. The appellants failing to prove malice or 
 prejudice on the part of the board, their order should stand, and the 
 decision of the county superintendent affirming their action is 
 
 AFFIRMED. 
 
 C. W. VON COELLN, 
 Superintendent of Public Instruction. 
 March 30, 1880. 
 
 WM. BARTLETT v. DISTRICT TOWNSHIP OF SPENCER. 
 Appeal from Clay County. 
 
 1. APPEAL. May be taken by any resident elector of the district, aggrieved 
 
 by action of the bdard 
 
 2. BOUNDARIES. Must conform to congressional divisions of land. 
 
 3 (SCHOOL-HOUSE SITES: Proper location of. Depends upon form of dis- 
 tricts. 
 
 On the 22d day of October, 1881, the board of the above named 
 district township adopted the report of a committee locating a site 
 for a school-house in subdistrict number nine, on the southeast corner 
 of the southeast quarter of section twenty-one. 
 
 From their order, Wm. Bartlett appealed to the county superin- 
 tendent, who reversed the action of the board and located the site on 
 the northwest corner of the northeast quarter of the southeast quar- 
 ter of section twenty- one. 
 
 From this decision of the county superintendent, C. F. Archer and 
 D. A. Davis appeal to the superintendent of public instruction. 
 
 The counsel for the appellants files a motion to dismiss the appeal 
 on the ground that persons not parties to the hearing below are de- 
 barred from appealing to the superintendent of public instruction. 
 
 It has been repeatedly held that any person aggrieved may prose- 
 
SCHOOL LA.W DECISIONS. 
 
 William Bartlett v. District Township of Spencer. 
 
 cute an appeal from the decision of the county superintendent, unless 
 the right of appeal has been waived by previous agreement. See 
 case of Edwards et al. v. District Township of West Point, page 35, 
 School Law Decisions, 1888. Also, case of Gosting v. District Town- 
 ship of Lincoln, page 80, same. 
 
 The subdistrict in which the location was made was formed by 
 action of the board at their regular meeting in last September. The 
 boundaries fixed by the board at that time, as shown by the plats in 
 evidence, are the Little Sioux river and Prairie creek on the north, 
 east and south, and the half section line running north and south 
 through sections eighteen, nineteen, thirty and thirty-one, as the 
 western boundary. 
 
 It is shown by the plat, that the half mile strip on the western side 
 of the subdistrict is supposed not to belong to subdiatrict number 
 nine, and it is stated by the county superintendent that this territory 
 is supposed to be temporarily attached to the adjoining township for 
 school purposes. We are compelled to notice this irregularity of 
 boundaries, since the proper location of any school- honse obviously 
 depends largely upon the form and extent of the territory for which 
 the house is designed. Section 1796, providing for the creation of 
 subdistricts and for subsequent alterations in their boundaries, con- 
 tains the following: Provided, That the boundaries of subdistricts 
 shall conform to the lines of congressional divisions of land. 
 
 When government lines follow large streams, or other bodies of 
 water, a division is sometimes formed containing less than forty 
 acres, but unless such exception applies, the smallest congressional 
 division is the one-sixteenth of a section, or forty acres in a square 
 form. 
 
 In fixing the boundaries of subdistricts no smaller subdivision can 
 be made, and a forty acre tract must be included in the subdistrict, 
 or excluded, as a whole. 
 
 The only provision of law by which the half mile strip could be 
 attached to the adjoining district township, is found in section 1797. 
 The transfer can be made only when natural obstacles intervene. 
 
 It is apparent from the plats in evidence that no large unbridged 
 stream, or any other natural obstacle, exists. Hence we must con- 
 clude that it is the duty of the board of directors of the district town- 
 ship of Spencer to provide that the strip in question shall be a part 
 
SCHOOL LAW DECISIONS. 
 
 E. H. Colcord v. District Township of Vinton, 
 
 of some subdistrict. It seems probable that a portion of the territory 
 referred to will naturally fall to subdistrict number nine. 
 
 The county superintendent appears to have presumed that the sub- 
 district would ultimately include all the territory to the township 
 line. 
 
 That the territory does belong to the district township of Spencer, 
 unless it has been attached to the adjoining township in accordance 
 with section 1797, there can be no question. 
 
 Such being the facts in this case, and the evidence disclosing that 
 the board did not exercise that care in selecting a site which is desir- 
 able when so many interests are involved, we are disposed to remand 
 the case to the board, with the suggestion that they adjust the bound- 
 aries of the subdistrict, and determine upon some other site than the 
 one chosen by them, with the intention to furnish the best accommo- 
 dation to all parties. 
 
 REVERSED AND REMANDED. 
 
 J. W. AKERS, 
 Superintendent of Public Instruction. 
 
 February 15, 1882. 
 
 E. H. COLCORD y. INDEPENDENT DISTRICT OF VINTON. 
 
 Appeal from Benton County. 
 SCHOOL PRIVILEGES. Determined by the residence of the child. 
 
 The board of the above named district refused Ola Penine, a girl 
 living in the family of Mr. Colcord, admission to school unless tuition 
 was paid, the board regarding her as a non-resident scholar. Mr. 
 Colcord appealed from their order to the county superintendent, who 
 affirmed the action of the board, and Mr. Colcord appeals to the su- 
 perintendent of public instruction. 
 
 The leading question to be determined in this case is the residence, 
 
 for school purposes, of Ola Penine. It appears from the evidence 
 
 that she has been living in the family of Mr. Coloord for the last 
 
 seven years, and that she was placed there by her father with the 
 
 15 
 
SCHOOL LA.W DECISIONS. 
 
 E. H. Colcord v. District Township, of Vinton. 
 
 understanding that she should make that her home and be sent to 
 school. 
 
 There is nothing to show any understanding as to the time she was 
 to remain, but her father testifies that he had not surrendered control 
 of her, and that she was subject to be called to his home at any 
 time. 
 
 While her residence within the independent district of Vinton may 
 be, in the meaning of the school law, of such a character as to entitle 
 her to school privileges, this fact has not been clearly established, 
 and we cannot find that the county superintendent erred in affirming 
 the order of the board. 
 
 It is the presumption of law that every child is entitled to the priv- 
 ileges of the public schools in some district, and the first part of sec- 
 tion 1794 very clearly makes the actual residence of the pupil the 
 test by which to determine where he may attend school. We are of 
 the opinion that the affidavit of Mr. Colcord, that Ola Penine is a 
 member of his family and a resident of the independent district of 
 Vinton, would entitle her to attend the schools free of tuition. If 
 such an affidavit had been presented, and the board had refused per- 
 mission, we think the county superintendent would then have erred 
 in sustaining the board. 
 
 Under the circumstances the decision of the county superintendent 
 
 is 
 
 AFFIRMED. 
 
 J. W. AKERS, 
 
 Superintendent of Public Instruction. 
 March 31, 1882. 
 
SCHOOL LAW DECISIONS. 
 
 J. D. Handersheldt v. District Township of Des Moines. 
 
 J. D. HANDERSHELDT v. DISTRICT TOWNSHIP OF DES MOINES. 
 Appeal from Jefferson County. 
 
 1. DISCRETION: Abuse of. Is not established by evidence showing that a 
 
 different action on the part of the board would have been preferred by 
 electors. 
 
 2. DISTRICT: Validity of .Organization. The county superintendent has no 
 
 jurisdiction to determine the validity of district organization. 
 
 A petition was presented to the board of the above-named district 
 township, asking that certain territory in Des Moines township be 
 set aside to form, in connection with territory to be obtained from 
 the independent district of Liberty, number eight, a new subdistrict 
 to be known as subdistrict number nine, Des Moines township, Jeffer- 
 son county, Iowa. 
 
 The board acted on this petition and made the following order: 
 "In the matter of the petition of John Handersheldt and Silas Pear- 
 son, asking for the formation of a new subdistrict to be known as 
 number nine, in the district township of Des Moines, Jefferson county, 
 Iowa. All the territory within the boundary lines therein described, 
 is hereby granted, provided sufficient territory be granted by the in- 
 dependent school district of Liberty, number eight, to make a suita- 
 ble and convenient subdistrict as to the amount of territory and the 
 number of children of school age; and provided, that in case the 
 territory is not granted by said independent district of Liberty num- 
 ber eight, then said territory hereby granted shall remain and be a 
 part of subdistrict number five, of the district township of Des Moines, 
 Jefferson county, Iowa " 
 
 On the 28th day of April, 1882, the board of the district township 
 of Des Moines, at a special meeting > adopted the following resolu- 
 tion: 
 
 "It is hereby ordered that all action heretofore taken by the board 
 of the district township of Des Moines, Jefferson county, Iowa, in 
 the formation and organization of subdistrict number nine, in the 
 above-named township, is hereby rescinded." 
 
 From this action of the board, Mr. J. D. Handersheldt appealed to 
 
SCHOOL LAW DECISIONS. 
 
 J. D. Handersheldt v. District Township of Des Molnes. 
 
 the county superintendent, who upon hearing the case on appeal ren- 
 dered the following decision; "A resolution passed rescinding an 
 action which has not as yet taken effect, is legal, but so far as it con- 
 cerns formation and organization which is already completed, it is 
 illegal." 
 
 From the action or decision of the county superintendent, J. D. 
 Handersheldt appeals to the superintendent of public instruction. 
 
 It appears from the transcript of the county superintendent that 
 the witnesses were not sworn, as required by law. See note (d) un- 
 der section 1834, School Laws 1880. 
 
 According to the uniform holding of this department, a failure to 
 take evidence under oath is fatal to the case, even though from its 
 nature it came properly before the county superintendent on appeal. 
 
 A brief examination will be sufficient, we think, to show that this 
 action should have been dismissed by the county superintendent for 
 want of jurisdiction. "No appeal will lie when the validity of dis- 
 trict organization is involved." See case of JV. T. JBowen v. District 
 Township of Lafayette, page 124, School Liws 1876." 
 
 This appeal was taken from the action of the board to the superin- 
 tendent, for the purpose of determining whether or not the board 
 erred in rescinding their former action creating subdistrict number 
 nine. There was very little evidence bearing on this, the sole issue 
 in the case. Witnesses simply stated that they were or were not in 
 favor of subdistrict number nine. 
 
 Such testimony can have no bearing in an action to establish error 
 on the part of the board. Appellants set forth in their affidavit that 
 the county superintendent erred, in that he refused to admit testi- 
 money to show that there never had been any legal organization of 
 subdistrict number nine. We think such evidence was properly ex- 
 cluded, and yet it is necessary, to enable any tribunal to arrive at a 
 decision of the case; for if the district was organized according to 
 law, then the board committed error in making an order which oper- 
 ated to discontinue it, and hence to change the boundaries of subdis- 
 tricts at a time of year in which, according to our holding, it cannot 
 be done. 
 
 Upon this presumption, viz.: that the district was legally organ- 
 ized, they committed error by making a change of subdistrict bound- 
 
SCHOOL LAW DECISIONS. 
 
 George Hansel et al. v. District Township of Mallory. 
 
 aries without a majority of the whole board. Section 1738, note (), 
 School Laws 1880. 
 
 It must therefore be determined whether the conditions upas which 
 the board of Des Moines township granted the territory, were ful- 
 filled, or, in other words, it must be known whether or not the inde- 
 pendent district number eight, of Liberty, concurred in the transfer 
 of the territory. 
 
 But neither the county superintendent nor this department is com- 
 petent to determine the legality of a district organization, and it is 
 therefore impossible to decide whether or not the board committed 
 error. 
 
 The remedy is an application to a court of law for mandamus to 
 compel the board to recognize the director of subdistrict number 
 nine, as a school officer and member of the board of the district 
 township of Des Moines, Jefferson county, Iowa. 
 
 Were the issues involved within our jurisdiction, we would not 
 hesitate to consider them, but as no questions of such nature are con- 
 nected with the case it is 
 
 DISMISSED. 
 J. W. AKERS, 
 Superintendent of Public Instruction. 
 
 November 2, 1882. 
 
 GEORGE HANSEL et al. v. DISTRICT TOWNSHIP OP MALLORY. 
 
 Appeal from Clayton County. 
 
 1. TAXES. Must be certified in accordance with vote of the electors. 
 
 2. SCHOOL- HOUSE SITE: Location of. A vote of the electors to select the 
 precise location of a school-house is not mandatory on the board. 
 
 3. . Must be selected with reference to convenience of the people. 
 
 By this action it is sought to set aside an order of the board of the 
 above named district township locating a school- house in subdistrict 
 No. 5. 
 
 At their regular meeting on the first Monday of March, 1881, the 
 
118 SCHOOL LAW DECISIONS. 
 
 George Hansel et al. v. District Township of Mallory. 
 
 electors of the above named subdistrict voted a tax of $600 for the 
 purpose of building a school-house. 
 
 On the second Monday of March, 1881, the electors of said district 
 
 township voted a tax: of $1,200, to be apportioned as follows: 
 
 To subdistrict No. 2, $400. 
 
 To subdistrict No. 3, $400. 
 
 To subdistrict No. 5, $400. 
 
 On the 26th day of March, 1881, the board held a special meeting 
 for the purpose of apportioning the tax as voted by the electors. 
 
 On motion, as amended by J. Cree, the tax of $400, as voted by the 
 electors for the benefit of subdistrict No- 3, was stricken out. On 
 motion of R. B. Flenniken the tax of $75 voted by the electors for 
 subdistrict No. 8, was also striken out, leaving a total tax of $900. 
 
 The secretary of the board then certified this amount to the board 
 of supervisors, as the tax voted by the electors and apportioned by 
 the board as follows: 
 
 Subdistrict No. 2, $300. 
 Subdistrict No. 5, $300; and, 
 District township at large, $300. 
 
 On the 15th of July the board held a called meeting for the purpose 
 of locating the school-house in subdistrict No. 5. 
 
 At this meeting an order was made locating the house about one 
 mile from the town of Osterdook, on the northeast corner of NE of 
 SE of Sec. 2, T. 91, R. 3. 
 
 From this action of the board George Hansel et al. appealed to the 
 county superintendent, who affirmed the action of the board. 
 
 E. A. Bush and S. W. Shaffer appeal to the superintendent of pub- 
 lic instruction. 
 
 We have stated the case at some length for the purpose of calling 
 attention to a flagrant violation of law on the part of the district 
 township board in certifying to the township trustees a tax wholly 
 different from the levy voted by the electors. 
 
 The tax as certified by the secretary was $900, to be apportioned 
 as stated above, whereas $1,200 was voted by the electors, $400 of 
 which was for the purpose of building the school-house in subdistrict 
 No. 5. The board is bound to certify the tax, and to employ the 
 funds raised in strict accordance with the vote of the electors. 
 
SCHOOL LAW DECISIONS. 
 
 George Hansel et al. v. District Township of Mallory. 
 
 Where the law is so plain it is difficult to understand how such an 
 abuse of power could have been allowed to pass unchallenged. 
 
 Counsel for appellant assigns error on the part of the board, in 
 that they violated law in selecting a site different from that chosen 
 by the electors, and in support of this position refers to the case of 
 Kennon et al. v. Independent District of Nodaway No. h School Law 
 Decisions, 1888, page 100. 
 
 It is there stated that "If the site had been fixed by them (the 
 electors) at the time of and in connection with the voting of the 
 bonds, the board would have been compelled to follow those instruc- 
 tions." 
 
 In this opinion we cannot concur, and we think it does not follow 
 from the case of Hubbard v. District Township of Lime Creek, School 
 Law Decisions, page 78, on which it appears to rest. It was there 
 held that money voted to build a house in one subdistrict could not 
 be used to build a house in another subdistrict, but that any attempt 
 on the part of the electors to locate, precisely, a school-house site was 
 void and of no binding force. 
 
 The power to locate sites is vested by law in the board of directors 
 Sec. 1724, School Laws, 1880 and the county superintendent very 
 properly refused to sustain a charge of error on this ground. 
 
 But while the board may not be restricted by the electors, the law 
 requires that they so locate sites as to serve the convenience of the 
 people, and if they refuse to do so their action may be set aside on 
 the ground that a manifest injustice has been done. 
 
 We cannot avoid the conviction that in the present case an injus- 
 tice, sufficient to warrant a reversal, has been done the people of Os- 
 terdock and vicinity. In order to make this clear it will be necessary 
 to consider the case at some length. 
 
 The county superintendent relies upon the principle, so frequently, 
 stated by this department, that one strong school is more to be de- 
 sired than two schools not largely attended; and since it is shown in 
 evidence that it is the intention of the board to discontinue the 
 school at the old site, and unite the two schools at the site as pro- 
 posed, their action should be affirmed. 
 
 As a rule this is correct, but in the case of a subdistrict, composed 
 of very broken country, there may and ought to be exceptions. 
 
120 SCHOOL LAW DECISIONS. 
 
 Appleton Park y. Independent District of Pleasant Grove. 
 
 The town of Osterdock is situated in the valley of the Turkey 
 river, on the extreme north line of the district. The bluff passing 
 up to the elevated country adjacent is steep and difficult of ascent 
 when muddy and slippery, or when covered with snow and ice. The 
 district is of considerable length, and if the convenience of the peo- 
 ple is consulted it would seem that two schools should be provided- 
 It also appears in evidence that many children residing out of the 
 town of Osterdock will be compelled to pass through the town on 
 their way to the school-house, as located by the board. 
 
 It is with extreme reluctance that we set aside the action of the 
 board and the county superintendent, but believing that a manifest 
 injustice has been done the people of Osterdock and vicinity, we are 
 compelled to hold that the board should have selected a site at or 
 near Osterdock, and the decision of the county superintendent is 
 therefore 
 
 REVERSED. 
 J. W. AKERS, 
 
 Superintendent of Public Instruction. 
 November 22, 1882. 
 
 APPLETON PAEK v. INDEPENDENT DISTRICT OF PLEASANT GROVE. 
 Appeal from D es Moines County. 
 
 1. RECORD: Impeachment of: Tarol evidence cannot be admitted in im- 
 peachment of a record if made and certified to by the proper officers as 
 required by law. 
 
 2. . Not so made and certified to is defective and may be impeached 
 
 by collateral evidence. 
 
 3. CHARGES. Must be clearly sustained by evidence. 
 
 4. TEACHER. The law provides that a teacher shall have a fair and impar- 
 tial trial, with sufficient notice to enable him to rebut the charges of bis 
 accusers. 
 
 Appleton Park, a school teacher of Des Moines county, was duly 
 engaged and contracted with to teach the school in the independent 
 district of Pleasant Grove. 
 
SCHOOL LAW DECISIONS. 
 
 Appleton Park v. Independent District of Pleasant Grove. 
 
 He began teaching on the 4th day of September, 1882; after some 
 ten or eleven days had expired, during which time he had taught the 
 school, he was waited upon by the entire board of said district, called 
 to the door and informed that certain rumors were being circulated, 
 to the effect that he had been guilty of using obscene and vulgar lan- 
 guage in the presence of his pupils, and during regular, school hours. 
 The board called at the school-house again about the hour for closing: 
 the school in the afternoon, and, the school having been dismissed, 
 they proceeded to examine three of the boys as to the truth of the 
 charges above referred to. 
 
 The result of this action was that the teacher left the school and 
 board employed another teacher. 
 
 Mr. Park appealed to the county superintendent, who reversed the 
 action of the board, whereupon D. L. Portlock, president of the 
 board, appeals to the superintendent of public instruction. 
 
 The principal difficulty presented in this case seems to be to de- 
 termine just what that action, or order of the board, was from which 
 appeal was taken. 
 
 The transcript filed by the secretary of the board, is as follows: 
 
 "Complaint being made by some of the scholars to the school 
 board, in regard to the teacher, Appleton Park, using indecent, rough 
 and insulting language during school time, the board met at the 
 school-house to make an investigation. The board stated the above 
 charges, to the teacher, Appleton Park, who, after reflecting upon the 
 matter, proposed his resignation to the board. 
 
 The board, after due consideration, accepted the same. The ques- 
 tion being settled in the above way, and no other business before the 
 board, the board then adjourned." 
 
 D. L. PORTLOCK, President. 
 F. M. STUCKER, 
 H. FLEKNOR, 
 
 F. A. FRIDEMAN, Secretary. 
 
 The parol evidence of Appleton Park was admitted to offset and 
 impeach the record. 
 
 This was clearly in violation of well established law, if the record 
 was really what it purported to be, a true and authenticated copy of 
 the proceedings of the meeting of the board referred to. 
 
 16 
 
122 SCHOOL LAW DECISIONS. 
 
 Appleton Park v. Independent District of Pleasant Grove. 
 
 Starkie on evidence, says: "Where written instruments are ap- 
 pointed, either by the immediate authority of law, or by the compact 
 of the parties, to be the permanent repositories and testimony of 
 truth, it is a matter both of principle and of policy, to exclude any 
 inferior evidence from being used, either as a substitute for such in- 
 struments, or to contradict or alter them; of principle, because such 
 instruments are in their own nature and origin entitled to a much 
 higher degree of credit than that which appertains to parol evidence; 
 of policy, because it would be attended with great mischief and in- 
 convenience if those instruments upon which men's rights depend 
 were liable to be impeached and controverted by loose collateral evi- 
 dence." Starkie, part IV, p. 995, Vol. Ill, 3d Amer. Ed. 
 
 The fact that the transcript referred to is not certified to by the 
 secretary, and the further fact that he was not present at the board 
 meeting in question, and wrote the minutes as dictated from memory 
 by the president of the board, three days after the meeting, fully 
 justified the superintendent in ruling it out and in admitting parol 
 evidence. 
 
 We come now to consider whether the trial before the board was 
 such a proceeding as is required by section 1734. 
 
 The board called in the morning and informed the teacher of the 
 charges preferred to them, against him; whereupon he offered to 
 resign. They instructed him to proceed with his school and stated 
 that they would return in the evening. During the day the board 
 worked up their case against the teacher, while he was so employed 
 as to prevent him from giving thought or attention to the charges, or 
 to the preparation of any adequate defense. 
 
 We must sustain the superintendent in finding that the trial and 
 opportunity to defend was not what the law intends every teacher 
 shall have. Every teacher is entitled to the sympathy and support of 
 the school board, and where there is any reasonable doubt as to the 
 truth of stories circulated by school children, the teacher should have 
 the benefit of such doubt. 
 
 We believe that had the board been in sympathy with their teacher 
 in this instance, they would have decided that the charges were not 
 sustained by the evidence, at least by any evidence which appears of 
 record. 
 
SCHOOL LAW DECISIONS. 123 
 
 H. D. Fisher v. District Township of Tipton. 
 
 That the teacher offered to resign in the evening does not appear 
 from the evidence offered in behalf of the board, while it does ap- 
 pear that at least one member of the board told him " he had better 
 quit." 
 
 We are compelled to hold that the teacher was dismissed, and that 
 in doing so for no sufficient reason the board erred, and the decision 
 of the county superintendent is therefore 
 
 APFIBMED. 
 J. W. AKERS, 
 
 Superintendent of Public Instruction. 
 February 16, 1883. 
 
 H. D. FISHER v. DISTRICT TOWNSHIP OF TIPTON. 
 Appeal from Hardin County. 
 
 1. SCHOOL-HOUSE SITE. When purchased by board not subject to the 
 provisions of section 1825. 
 
 2. LOCATION. May be within less than forty rods, when obtained by pur- 
 chase. 
 
 On the 28th day of March, 1884, the board of the above named 
 district township ordered the purchase of an acre of ground for a 
 school-house site on the corner of section 15, township 87 north, 
 range 21 west. 
 
 H. D. Fisher, who is the owner of land immediately adjoining said 
 site, objected to the location, on the ground that the site was within 
 less than forty rods of his residence. 
 
 The board adhered to their decision in disregard of his objection, 
 whereupon H. D. Fisher appealed to the county superintendent, who 
 affirmed the action of the board. 
 
 H. D. Fisher appeals to the superintendent of public instruction. 
 
 Affiant alleges that the board violated law in purchasing a site 
 within less than forty rods of his residence, against his will and with- 
 out his consent. This was the only error assigned in 'his affidavit of 
 appeal to the county superintendent, and the same is the only error 
 
124: SCHOOL LAW DECISIONS. 
 
 H. D; Fisher v District Township of Tipton. 
 
 assigned in the affidavit of appeal to the superintendent of public in- 
 struction. 
 
 The case will therefore be confined to a consideration of the alleged 
 grievance, and all argument of counsel and all evidence taken to 
 establish an abuse of discretion in changing the location of the house 
 need not be considered. 
 
 On trial before the county superintendent, defendant filed a motion 
 to dismiss the action for want of jurisdiction. This motion to dis- 
 miss was over-ruled, and defendant excepted. 
 
 The motion to dismiss was filed on the ground that there had been 
 no order or decision of the district township board from which an 
 appeal could be taken, and no action taken as shown by the transcript 
 of the record, upon any matter affecting the rights of H. D. Fisher. 
 
 The transcript of the secretary states that on the 29th of March 
 the board located the new site on a piece of ground bought of Ferdi- 
 nand Beckman. 
 
 This was an action from which any person aggrieved might appeal. 
 The appeal was based on a charge that the board had violated law, 
 and it was proper for the county superintendent to hear the case in 
 order to determine whether the law had been violated or not. 
 
 Counsel urges that the case should have been dismissed because 
 affiant made no objection to the location until after the purchase of 
 the land and until after he was estopped for so objecting. But even 
 through the neglect to object in season would bar affiant from subse- 
 quent interference, it was the duty of the county superintendent to 
 proceed with the trial in order to determined by evidence when and 
 how objection was made. 
 
 We think that the county superintendent had jurisdiction, and that 
 the motion to dismiss was properly over-ruled. 
 
 In the eighth count of defendant's argument it is urged that the 
 county superintendent had not original jurisdiction to try or to adju- 
 dicate a matter not acted upon by the board. 
 
 But the removal of the school-house to its proposed location was 
 determined by the board, and from that action appeal was taken, and 
 not from their refusal to consider the objection of affiant. 
 
 The ground of the defense is the delay of H. D. Fisher to make 
 known his objection to the location of the school-house within forty 
 rods of his dwelling. 
 
SCHOOL LAW DECISIONS. 125 
 
 H. D. Fisher v. District Township of Tipton. 
 
 The county superintendent sustains the action of the board for the 
 reason that the site was purchased, affiant knowing of the intention 
 of the board to purchase the ground and to locate the houae, _and 
 making no objection until after the contract to move the house had 
 been let by the board. 
 
 Whether the decision of the county superintendent should be af- 
 firmed, for the reasons assigned, need not be considered, as the case 
 will be determined upon the construction of the statute prohibiting 
 the location of a school-house within less than forty rods of a dwell- 
 ing, the owner whereof objects. 
 
 The case was tried by the county superintendent and argued by 
 counsel on both sides as coming under the act authorizing boards to 
 condemn, and to take and to hold school house sites. 
 
 We think this point worthy of a careful examination. Chapter 
 124, laws of 18*70, first authorized boards to take and told land for 
 school-house sites. 
 
 Recognizing that they were conferring a dangerous power upon 
 such boards, they prudently enacted certain restrictions to govern 
 such boards in the exercise of that power. But it was not intended, 
 we think, to so restrict boards, except when exercising the power 
 therein conferred. 
 
 This chapter was subsequently embodied in the Code, and is now 
 found to be contained in sections 1825, 1826, 1827 and 1828, School 
 Laws 1880. 
 
 Section 1825 says: " It shall be lawful for any district townhip, or 
 independent district, to take and hold, under the provisions con- 
 tained in this chapter," etc. 
 
 The provisions contained in this chapter, or in the following sec- 
 tions, are as follows: 
 
 That the real estate so taken shall not exceed one acre. 
 
 The site " so taken " must be on some public highway, at least 
 forty rods from any residence the owner (of the residence) whereof 
 objects to its being placed nearer. 
 
 And not in an orchard, garden or public park. 
 
 It is perfectly clear that ground cannot be condemned in disregard 
 of any one of these provisions. But the site in question was not 
 condemned and taken, but it was purchased of a third party and a 
 
SCHOOL LAW DECISIONS. 
 
 H. D. Fisher v. District Township of Tipton. 
 
 good and sufficient deed made over to the district township of Tipton. 
 
 Do the provisions above quoted apply in cases where sites are pur- 
 chased? If any one of them does, they all do. 
 
 First, " the land so taken shall not exceed one acre." No one would 
 hold that boards may not buy, and districts hold, more than one acre 
 of land for school-house purposes, provided they are limited to a reas- 
 onable amount. 
 
 This restriction then, is of no force except in cases where sites are 
 condemned. 
 
 Again, " and not in any orchard, garden or public park." 
 
 Does it follow, therefore, that boards cannot purchase an orchard, 
 garden, or park, for a school-house site if they desire it, and the 
 owner is willing to sell ? 
 
 We think not, by any means. And, "at least forty rods from any 
 dwelling, the owner whereof objects," etc. 
 
 This limitation has exactly the same force and application, and no 
 other. Land within forty rods of a residence cannot be condemned 
 if the owner objects; but if a third party is willing to sell a school- 
 house site, and the district purchases and pays for it, it is not compe- 
 tent for the owner of a dwelling to restrain the location on the ground 
 that it is within forty rods of such dwelling. 
 
 We think this interpretation of the law borne out both by its evi- 
 dent meaning and its phraseology. 
 
 We are aware that it has for many years been the holding of this 
 department that a school-house site, whether obtained by purchase or 
 otherwise, could not be placed nearer than forty rods to any residence 
 the owner objecting, and it is with regret that we must reverse a rul- 
 ing of so long standing; but from the fact th*at in many thickly set- 
 tled communities our school houses are being crowded into sloughs 
 and out of the way places, and the further fact that it is not warranted 
 by the law, we are compelled to do so. 
 
 We must, therefore, hold that the board of the district township of 
 Tipton violated no law in purchasing the site and in ordering the re 
 moval of the school-house thereon. 
 
 The decision of the county superintendent is therefore 
 
 AFFIRMED. 
 J. W. AKERS, 
 Superintendent of Public Instruction. 
 
 July 7, 1884. 
 
SCHOOL LAW DECISIONS. 127 
 
 Ezra Koontz v. District Township of Liscomb. 
 
 EZRA KOONTZ v. DISTRICT TOWNSHIP OF LISCOMB. 
 
 Appeal from Marshall County. 
 
 1. SUBDISTRICTS: Form of. It is very important that subdistricts should be 
 
 regular in form, and that where it is possible, school-houses should be 
 located at or near geographical centers. 
 
 2. SCHOOL-HOUSE SITE: Location of. The condition of matters within the 
 
 subdistrict should govern the location of the house. The attendance of 
 parties from an adjoining subdistrict should not determine change of site. 
 
 A petition was presented to the board of the above named district 
 township, asking tjiat certain changes be made in subdistrict bounda- 
 ries, viz.: That the southwest quarter of section eighteen be detached 
 from subdistrict number four, and attached to subdistrict number 
 five; also, that the south half of section twenty one be detached from 
 subdistrict number five, and attached to subdistrict number six. 
 
 On the 16th day of February, 1884, the board granted the prayer of 
 petitioners and ordered the plat of subdistrict boundaries to be so 
 altered as to agree with the above changes. 
 
 Ezra Koontz appealed to the county superintendent, who reversed 
 the order of the board. 
 
 P. T. Beatch, president of said board, appeals to the superintend- 
 ent of public instruction. 
 
 Subdistrict number five contains a little more than five sections of 
 land, and if the order of the board is sustained it will contain a little 
 more than four and one-half sections. The south half of section 
 twenty one formerly belonged to subdistrict number six, but was 
 transferred to subdistrict number five in order to create better school 
 facilities for the children of Ezra Koontz, who lives on the extreme 
 south line of eubdistrict number six, while the school-house is at the 
 geographical center, and no public road leading to it. 
 
 The electors of the district township voted $1,000 to procure a 
 highway for the accommodation of Mr. Koontz; but this fund was 
 subsequently transferred to the teachers' fund, and the movement to 
 secure the highway was indefinitely postponed. 
 
 Mr. Koontz is unfortunately located, but it appears from the en- 
 
128 SCHOOL LA.W DECISIONS. 
 
 Ezra Koontz v. District Township of Liscomb. 
 
 tire proceedings that there is a disposition to remove the obstacles in 
 his way. This is shown both by the efforts to secure a highway at 
 the cost of $1,000 and in the former action of the board in breaking 
 up the regular form of subdistricts, in order to include him in num- 
 ber five. 
 
 We think it very important that subdistrict boundaries should be 
 regular, and that where it is possible school-houses should be located 
 at geographical centers. 
 
 The action of the board in transferring the south half of section 
 twenty-one, to subdistrict number six, and the southwest quarter of 
 section eighteen to number five, was wise, and should have been sus- 
 tained. Mr. Koontz must seek to secure proper accommodations in 
 number six, and if this proves to be impossible, he must charge it to 
 the account of an unfavorable location. 
 
 It cannot reasonably be demanded that his property should be in- 
 cluded in number five, and the school house in that district be moved 
 away from the center and taken to the south line of the district, and 
 away from families living in the north of number fiVe, in order to ac- 
 commodate others not living in the subdistrict, especially when it is 
 considered that those living in the north will be compelled to send 
 out of their own subdistrict, in such case. 
 
 We are compelled to hold that the action of the board should have 
 been sustained, and the decision of the county superintendent is 
 therefore 
 
 REVERSED. 
 J. W. AKERS, 
 Superintendent of Public Instruction. 
 
 July 21, 1884. 
 
SCHOOL LAW DECISIONS. 129 
 
 J. L. Marshall et al. v. District Township of Marshall. 
 
 J. L. MARSHALL et al. v. DISTRICT TOWNSHIP OP MARSHALL. - 
 Appeal from Louisa County. 
 
 SUBDISTRICT. The board may not redistrict so as to abolish a subdistrict, 
 with intent to prevent the building of a house provided for by the elec- 
 tors. 
 
 TAXES: School-House. Must be certified, collected and expended, in 
 accordance with vote of the electors. 
 
 On the 22d day of February, 1886, the board of the above named 
 district township abandoned subdistrict number four, of said district 
 township, and transferred its territory in parcels to adjoining sub- 
 districts. 
 
 J. L. Marshall et al. appealed to the county superintendent, who re- 
 versed the order of the board. 
 
 N. W. Mackay, president of the board of directors, appeals to the 
 superintendent of public instruction. 
 
 It is unnecessary to consider the real merits of this case. The 
 board must be reversed upon the ground that at the meeting of the 
 electors of subdistriot number four, held in March, 1885, a tax of 
 $300 was voted to build a school-house in said subdistrict number 
 four. 
 
 It appears in evidence that this tax was voted, properly certified 
 by the district board and levied by the board of supervisors, and that 
 a portion, at least, has been collected. 
 
 It is not competent for the board to defeat a vote of this kind by 
 districting the subdistrict out of existence. The money must be ex- 
 pended in accordance with the vote, and the house must be built. 
 Whether or not any of the tax has been collected is not material. It 
 must be collected and expended by the board as directed by the peo- 
 ple. 
 
 The case of Benjamin v. District Township of Malaka et al. t 50 
 Iowa, page 648, is applicable here. The only point of difference 
 being that in the case cited, the tax had been collected before action 
 was had by the board. 
 
 In this case a part only of the tax has been collected, but as stated 
 17 
 
130 SCHOOL LAW DECISIONS. 
 
 J. B. B. Baker v. Independent District of Waukon. 
 
 above this is not material. The equities of this case may be with the 
 board, but the action of the electors, in voting to build a house in 
 subdistrict number four, and in providing the means, will bar the 
 board, and any act calculated to avoid their mandatory duty, is a vi- 
 olation of law. 
 
 AFFIRMED. 
 J. W. AKERS, 
 
 Superintendent of Public Instruction. 
 September 16, 1886. 
 
 J. B. B. BAKER v. INDEPENDENT DISTRICT OF WAUKON. 
 Appeal from Allamakee County. 
 
 RULES AND REGULATIONS. In establishing and enforcing regulations 
 for the government of scholars, the board have a large discretion. 
 
 On the 7th day of June, 1886, Maud Baker, the daughter of the 
 plaintiff in the above entitled case, was suspended from the public 
 school in the above named independent district, for repeated viola- 
 tion of a rule of the board, known as rule five, which reads as follows: 
 "Any scholar who shall be absent five half days in four consecutive 
 weeks, without any excuse from parent or guardian satisfactory to 
 the teacher that the absence was caused by said pupil's sickness, or 
 by sickness in the family, or, in the primary grades, by severity of 
 the weather, shall forthwith be suspended. No pupil so suspended 
 shall be reinstated without a permit from the principal." 
 
 Rule twelve provides that the principal of the school may suspend 
 pupils temporarily, and that he shall immediately notify the parent 
 or guardian of a suspended child of such suspension, the notice to be 
 in writing, and, furthermore, that he shall immediately inform the 
 board of his action. 
 
 Maud Baker was absent, without excuse, and when called to account 
 for her absence, stated that she had gone on a fishing excursion, and 
 expected to go the week following. 
 
 Having failed to render a satisfactory excuse, she was suspended, 
 as above stated. Notice in writing was sent to the parent, as re- 
 
SCHOOL LAW DECISIONS. 
 
 J. B. B. Baker v. Independent District of Waukon. 
 
 quired by rule five, and the board informed of the suspension. The 
 board approved the action of the principal. 
 
 J. B. B. Baker appealed to the county superintendent, who reversed 
 the action of the board. 
 
 D. W. Reed appeals to the superintendent of public instruction. 
 
 The facts in the case are not controverted. 
 
 It appears in evidence that the suspension of Maud Baker was re- 
 ported to the board, and that a special meeting of the board was held 
 for the consideration of the act of the principal. Maud Baker was 
 present at this meeting of the board, and the president testifies that 
 he read to her the rule under which she had been suspended, and 
 asked her to give the board some promise of amendment in the future, 
 as a condition of reinstatement, and she replied that she would not 
 make any promise for the future, and expected to go fishing the fol- 
 lowing week. 
 
 The county superintendent finds that the suspension was made in 
 compliance with the rules of the board for the government and regu- 
 lation of their schools, and that the act of the principal in suspending, 
 and of the board in approving his action, was without prejudice or 
 malice. 
 
 The board was reversed on the ground that the law does not confer 
 upon the principal, or the board, power to suspend for the cause for 
 which Maud Baker was suspended. 
 
 The case turns, therefore, upon the power of the board to establish 
 and enforce a rule providing for the suspension of pupils, who are 
 absent a given number of days, or half-days, without a satisfactory 
 excuse. 
 
 This point has been fully discussed and settled by our supreme 
 court in the case of Burdick v. Babcock, 31 Iowa, page 562, and need 
 not be considered here. Murphy v. Independent District of Marengo 
 has been cited, but does not apply, as in that case it is stated that the 
 offense for which the pupil was dismissed was not in violation of any 
 rule or regulation. 
 
 We are compelled to overrule the decision of the county superin- 
 tendent, and to sustain the action of the board. 
 
 REVERSED. 
 J. W. AKERS, 
 
 Superintendent of Public Instruction. 
 October 23, 1886. 
 
132 SCHOOL LAW DECISIONS. 
 
 E. G. Lewis v. District Township of Woolstock. 
 
 E. G. LEWIS v. DISTKICT TOWNSHIP F WOOLSTOCK. 
 Appeal from Wright County. 
 
 SCHOOL- HOUSE SITE : Location of. A village in a subdistrict has special 
 claims favoring the selection of a site within its limits. The element of 
 distance to be traveled by some is largely overcome by the advantages 
 of a location in the town. 
 
 The board of the above named district township were petitioned to 
 remove the school-house in subdistrict number three to a site at, or 
 near, the village of Woolstock, which is situated on the western half 
 of the said subdistrict. 
 
 The petition was denied. E. G. Lewis, et aL, appealed to the 
 county superintendent. 
 
 The decision of the board was reversed. B. Watkins appeals to 
 the superintendent of public instruction. 
 
 The school- house in subdistrict number three is now centrally 
 located, and nearly one mile from the village by traveled highway. 
 
 There are about fifty-three children of school age in the district, 
 and it appears from the evidence that forty-five of these live within 
 one-half mile of the proposed new site. The removal of the house 
 may increase the distance now traveled by the children of a few fam- 
 ilies, but it appears that in such cases accommodations may be had 
 within about one and one-half mile at other schools. 
 
 If the nature of the case is such as to require some changes in 
 boundary lines, we think such changes should be made, and the 
 school-house located in the village, and for the following reasons: 
 
 The children from the rural portions of the district can travel to 
 and from the village much more conveniently than those from the 
 village can attend in the country. The course of trade brings the 
 parent to the market in the morning, and the movement of convey- 
 ances will therefore afford many conveniences toward reaching the 
 school from the country, and of returning in the evening. 
 
 But, on the other hand, there is no regularity of travel to the 
 country in the forenoon, so that when walking is bad, or impossible, 
 conveyances would be required for the sole purpose of taking chil- 
 
SCHOOL LAW DECISIONS. 133 
 
 J. A. Cousins v. Independent District Township of Spirit Lake. 
 
 dren to the school. Besides, the great majority of those who live in 
 the village have no means of carrying their children a distance to 
 school, while the farmer is selcjpm, if ever, without them. 
 
 There is a reason why the school should be convenient for children 
 in the village, which does not exist as to children of the country. 
 The village has many evil resorts, where children are led into vice, 
 which are not incident to the country. All children should be kept 
 regularly in school, but the reasons for this, as applied to village and 
 town children, are much stronger than as applied to those of the 
 country. 
 
 The village must be supplied with a school, and in the case before 
 us, if the house is not located at the village, the result in the near 
 future will be two schools for this subdistrict. 
 
 We are compelled to hold that the board erred in refusing to grant 
 the petition. 
 
 The decision of the county superintendent is 
 
 AFFIRMED. 
 J. W. AKERS, 
 Superintendent of Public Instruction. 
 
 September 14, 1887. 
 
 J. A. COUSINS v. INDEPENDENT DISTRICT TOWNSHIP OF SPIRIT LAKE. 
 Appeal from Dickinson County. 
 
 SCHOOL-HOUSE: Removal of. The removal of an old house away from the 
 geographical center and away from the center of population, without 
 special and strong reasons therefor, is an abuse of the discretionary 
 power of the board . 
 
 On the 6th day of April, 1887, the board of the above named dis- 
 trict passed an order to move the school-house, known as the Swailes 
 school-house, to a point one-half mile west of its present location. 
 
 From this order J. A. Cousins appealed to the county superintend- 
 ent. The action of the board was sustained. 
 
 J. A. Cousins appeals. 
 
134 SCHOOL LAW DECISIONS. 
 
 J. A. Cousins v. Independent District Township of Spirit Lake. 
 
 The district borders on Spirit and adjacent smaller lakes, and is 
 very irregular in its boundaries. 
 
 There are about fifty children of school age living in the district, 
 most of whom are favorably or adversely affected by the change. 
 But, considering both locations, there is no material change in the 
 distance traveled by all. 
 
 The present site is at the junction of an east and west road, 
 known as the Diamond Lake road, with a north and south road known 
 as the Emmet County road. The school-house is old and has recently 
 been repaired at a cost of $60. 
 
 As now located there are seven children two miles from the school- 
 house. Twelve children will be two miles from the new site. We 
 are unable to find in this case any good and substantial reason for 
 this change of location. 
 
 The present site is central and nearer the center of population, so 
 far as we can determine from the map submitted as a part of the 
 transcript. It is at a cross-roads which is very desirable. The lease 
 to the present site expires in about five years. By that time the old 
 house will in all probability be worthless and a new one will be needed 
 to take its place. 
 
 The electors at their last March meeting voted to build a new house 
 on section nineteen, the site of which is one-half mile west and one 
 and three-fourth miles north of the present site. 
 
 We cannot avoid the conviction that in moving an old house one- 
 half mile at an expense of ninety dollars, away from the geographi- 
 cal center, and away from the center of population, without special 
 and strong reasons therefor, is an abuse of discretionary power. 
 
 The decision of the county superintendent is 
 
 REVERSED. 
 J. W. AKERS, 
 Superintendent of Public Instruction. 
 
 September 19, 1887. 
 
SCHOOL LAW DECISIONS. 
 
 D. A. Boyer et al. v. Independent District Number Two, Dutch Township. 
 
 D. A. BOYER et al. v. INDEPENDENT DISTBICT NUMBER Two, 
 DUTCH TOWNSHIP. 
 
 Appeal from Washington County. 
 
 1. BOARD: Discretionary power of. In the absence of proof that the 
 board have abused the authority given them by the law, their orders 
 will not be set aside, although another decision might to many seem 
 preferable. 
 
 2. SCHOOL-HOUSE SITE: Location of. When purchased, the provisions 
 of section 1825 do not apply. The district stands in the same relation 
 to the public and to individuals, in this respect, as do other corporations, 
 and may purchase and convey real estate accordingly. 
 
 On the 23d day of July, 1887, the board of the above named dis- 
 trict made an order that the school-house site of said independent 
 district should be changed from its present site, which is near the 
 southwest corner of the northwest quarter of the northwest quarter 
 of section ten, to the southeast corner of section four, and about 
 ninety rods due north. It was also ordered that a new school-house 
 should be built on the new site. 
 
 From this order of the board, David A. Boyer and others appealed 
 to the county superintendent. 
 
 The order of the board was reversed, on condition that appellants 
 should secure the opening of a public road from the present site of 
 the school-house to the public road running east and west through 
 the southern portion of the district, and along the south line of sec- 
 tions nine and ten. 
 
 William Stevenson and S. D. Carris appeal. 
 
 The independent district in question is composed of sections thirty- 
 three, thirty-four, three, four, and the north half of sections fifteen 
 and sixteen. Public roads enter east and west along the north line 
 of sections three and four, and along the south line of the same sec- 
 tions. On this latter highway the new site is located. From the new 
 site a road extends due south to the old site. This is the road, the 
 extension of which is made a condition in the decision of the county 
 superintendent. 
 
SCHOOL LAW DECISIONS. 
 
 D. A. Boyer et al. v. Independent District Number Two, Dutch Township. 
 
 The population of the district is mostly along the last named east 
 and west highway, and in sections nine and ten lying immediately 
 south of said highway. At the annual meeting, or election of the in- 
 dependent district in question, held March, 1887, a motion was made 
 to vote a tax of $600 for the purpose of building a school house, on 
 the old site. This motion was lost. 
 
 A motion was then made and carried that a tax be levied to build a 
 school-house, no site being specified. This was followed by a motion 
 to build the house on the present site, which motion was lost. 
 
 At a special meeting' held June 18, 1887, a motion was made and 
 carried to procure a new site, and at another special meeting held 
 July 23, 1887, the site of the new house was finally located on the 
 southeast corner of section four. 
 
 It appears that the electors were very much divided in opinion as 
 to the location of the new house, and the majority attending the March 
 election were opposed to locating it upon the old site. 
 
 If the house was to be moved to the north, the site selected by the 
 board is as near, or practically so, as the board could have selected. 
 There is a slough jast north of the present site, and if moved at all 
 the house must be placed to the north of this, which would compel 
 the selection of a site within a few rods of the new site. 
 
 The present site is practically central both as to geographical cen- 
 ter and center of population, and it would seem that the presumption 
 was in favor of the present site, while the one selected by the board 
 is not objectionable on account of its location, unless the fact that 
 it it is not exactly central constitutes an objection. 
 
 Boards are given large discretion in such matters, and it has been a 
 rule of long standing in this department not to over rule the order of 
 hoards, except in cases where an abuse of discretion is clearly estab- 
 lished. While the old site may be equally good and even better, we 
 cannot set their order aside, in the absence of evidence going to show 
 that they have abused the authority which the law gives them. 
 
 The county superintendent held that the board had violated the 
 provision of Section 1826, School Laws 1884, in locating the new site 
 nearer than forty rods to a dwelling, the owner whereof objects. The 
 board in this case, located the site within eighteen rods of a residence 
 and it is conceded that said owner refuses her consent to such loca- 
 tion. 
 
SCHOOL LAW DECISIONS. 137 
 
 D. A. Boyer et al. v. Independent District Number Two, Dutch Township. 
 
 Section 1826 provides that a site taken, as provided in section 
 1825 must be at least forty rods from any residence, the owner 
 whereof objects to its being placed nearer. 
 
 Section 1825 provides: "It shall be lawful for any district town- 
 ship, or independent district to take and hold, under the provisions of 
 this chapter, so much real estate as may be necessary for the location 
 and construction of a school-house and convenient use of the school; 
 provided, that the real estate so taken, otherwise than by the consent 
 of the owner or owners, shall not exceed one acre." 
 
 In the case of H. D. Fisher v. District Township of Tipton, School 
 Law Decisions 1884, p. 163, it was held that the provisions of the act 
 authorizing boards of directors to "take and hold" land for a school- 
 house site, do not apply when the land has been obtained by pur- 
 chase. 
 
 Counsel for the appellee argues that the language of the statute, 
 viz.: the words "take and hold," includes acquiring title by purchase 
 as well as by condemnation, and that section 1825 is the only provis- 
 ion of law we have authorizing school districts to purchase and own 
 school -house sites; and that the restriction that a school-house shall 
 not be placed nearer than forty rods to a dwelling, the owner object- 
 ing, applies no matter how the site is obtained. 
 
 We cannot concur in this opinion. A school district is a corporate 
 body 4 G. Greene, 428 the nature and powers of which are well 
 and clearly defined in the statute which created it. 
 
 If land, sufficient for a sshool-house site, is necessary to enable a 
 district to establish and maintain schools it needs no argument to es- 
 tablish their authority to purchase such land. 44 Iowa, 564; 69 Iowa, 
 533. That it was the intention of the law makers to confer this power 
 upon school districts is evident from the fact that in section 1717 the 
 electors were given the power to vote a tax for the purchase of 
 grounds, etc. And this law was enacted many years before the law 
 empowering boards of directors to "take and hold" school-house 
 sites. 
 
 Counsel for appellee will hardly insist that previous to the enact- 
 ment of the condemnation law, all school-house sites were acquired 
 and owned without authority of law. 
 
 There appears to be two ways by which school districts may ac- 
 quire title to land for school-house sites: 
 18 
 
138 SCHOOL LAW DECISIONS. 
 
 D. A. Boyer et al. v. Independent District Number Two, Dutch Township. 
 
 The statute gives to every school district, as a general and cor- 
 porate power, the right to buy land for school purposes, and when 
 land has been so purchased, the title or the fee is in the corporate 
 name of the district, and even though it ceases to be used for school 
 purposes, it remains the property of the school district until sold by 
 the board of directors, in obedience to the instructions of the electors. 
 They may sell to any one, and for any purpose whatever. 
 
 By condemnation by the board of directors, under section 1825 of 
 the Code. 
 
 The title to land acquired under this law is for school purposes 
 only. It eannot be sold at all. When the district ceases to use it for 
 school purposes, it reverts by operation of law to the owner of the 
 fee, etc. Section 1828, Code. 
 
 It appears that the fee to land obtained by condemnation is not in 
 the school district, but simply the right to hold it for school pur- 
 poses, while the fee remains in the original owner, and may be con- 
 veyed subject to the title of the district. 
 
 Sites obtained by purchase never revert, and the district so pur- 
 chasing owns the fee and may transfer it, as has been said, to any 
 person and for any purpose. 
 
 It is clear to us that the four restrictions or limitations, viz.: 
 
 That the real estate "so taken" shall not exceed one acre, 
 
 That the site must be on a public highway, 
 
 That the site must be forty rods from the residence, etc., 
 
 That the site must not be in any orchard, garden or public park, 
 
 Apply only to sites obtained by condemnation, under sections 1825- 
 1828; inclusive, and that they do not apply to sites obtained by pur- 
 chase. 
 
 The reasons for this position are fully set forth in Fisher v. Dis- 
 trict Township of Tipton, to which reference is had. 
 
 We are unable to discover any violation of law, or abuse of discre- 
 tion, which would warrant us in setting aside the order of the board. 
 
 REVERSED. 
 J. W. AKERS, 
 Superintendent of Public Instruction. 
 
 November 18, 1887. 
 
SCHOOL LAW DECISIONS. 139 
 
 Jacob Deck et al. v. District Township of Eden. 
 
 JACOB DECK et al. v. DISTRICT TOWNSHIP OF EDEN. 
 Appeal From Decatur County. 
 
 1. SUBDISTBICT BOUNDARIES. Change of. A case involving a change 
 of subdistrict boundaries, having been adjudicated by the county su- 
 perintendent, reversing the action of the board, and being affirmed by 
 the superintendent of public instruction, cannot again be brought upon 
 appeal, unless it can be shown that some change materially affecting 
 the conditions of the case has taken place since the date of the former 
 decision. 
 
 2. A subdistrict long established, embracing a 
 
 territory having a sufficient number of scholars to maintain a good 
 school, should not be abolished, unless the general school facilities of 
 the township will be improved thereby. 
 
 On the 19th day of September, 1887, the board of directors of the 
 district township of Eden, voted to abolish subdistrict number eight. 
 Jacob Deck and others appealed to the county superintendent, who, 
 on the 5th day of December, rendered a decision reversing the action 
 of the township board. 
 
 The directors of said district township appeal to the superintend- 
 ent of public instruction. 
 
 The counsel for the directors urged in their written argument that 
 the county superintendent should be required to send up to this de" 
 partment all the evidence taken in the trial before her. 
 
 It was certainly the duty of the county superintendent to send up 
 all the evidence upon which she based her decision. In the absence 
 of any proof to the contrary, the presumption is that the transcript 
 furnished by her contains all the testimony on file in her office. 
 There is no proof offered that she has not complied with the law in 
 all respects. 
 
 On the 26th day of December, 1885, the county superintendent ren- 
 dered a decision reversing the action of the board, in abolishing sub- 
 district number eight. As no material changes have taken place 
 since then, in the condition of the township, does that former decis- 
 ion act as a bar to any further proceedings in this case ? We think 
 not. 
 
 The principle enunciated here is undoubtedly correct. 
 
140 SCHOOL LAW DECISIONS. 
 
 Jacob Deck et al. v. District Township of Eden. 
 
 A case involving a change of subdistrict boundaries, having been 
 adjudicated by the county superintendent, reversing the action of the 
 board, and being affirmed by the superintendent of public instruc- 
 tion, cannot again be brought upon appeal, unless it can be shown 
 that some change materially affecting the conditions of the case has 
 taken place since the date of the former decision. 
 
 In this case, however, the decision of the county superintendent 
 cannot act as a bar to further proceedings, because the district board 
 did not take an appeal to the superintendent of public instruction. 
 
 Such proceedings cannot be considered as final until they have 
 been affirmed by the superintendent of public instruction. 
 
 It is urged that the county superintendent erred in taking into 
 consideration the distance whith many of the pupils must travel in 
 order to reach their school, if the action of the township board abol- 
 ishing subdistrict number eight, is affirmed. 
 
 The law does not contemplate that one and one-half miles is in all 
 cases an unreasonable distance. It depends largely upon the age of 
 the pupil and upon the condition of the roads. In the case before us 
 a natural obstacle, the Little Turkey river, must be taken into con- 
 sideration. 
 
 The opening of additional roads and the construction of a bridge 
 would simplify matters somewhat, but no steps have been taken to 
 accomplish this. Until this is done, to abolish the school in number 
 eight would impose an undue hardship upon a large number of pu- 
 pils. 
 
 What are the conditions of the school as at present constituted ? 
 
 The report of the secretary of the district township of Eden, put 
 in evidence, shows that the school in number eight will average with 
 other subdistricts in the number of pupils enrolled; it is above the 
 average in daily attendance, and below the average in cost of tuition. 
 
 The board fail to show that reduced numbers render it expedient 
 to abolish this subdistrict; nor do they show that the township is ex- 
 cessively taxed to support their schools. 
 
 This department has already ruled that subdistrict lines, which 
 have been long established, embracing a territory having a sufficient 
 number of pupils to maintain a good school, should not be disturbed? 
 unless it can be proved that the general school facilities of the town, 
 ship will be improved by the change. 
 
SCHOOL LAW DECISIONS. 
 
 J. S. Folsom et al. v. District Township of Center. 
 
 The board do not show that there is any general benefit to be ex- 
 pected from the proposed change of boundaries, nor do they prove 
 that any existing necessity makes it desirable. . 
 
 The board undoubtedly intended to act fairly toward all; but we 
 think they failed to properly consider all the circumstances involved 
 in their action. 
 The decision of the county superintendent is therefore 
 
 AFFIRMED. 
 HENRY SABIN, 
 Superintendent of Public Instruction. 
 March 16, 1888. 
 
 J. 8. FOLSOM et al. v. DISTRICT TOWNSHIP OF CENTER. 
 Appeal from Cedar County. 
 
 1. REHEARING. To warrant a rehearing, some valid reason must be urged. 
 
 2. SCHOOL-HOUSE SITE: Rekcatfon of. When it is the evident intention of 
 
 the board to relocate the site as near as possible in the center ot the 
 subdistrict, in order to furnish equal school facilities to all the residents, 
 their action should not be materially interfered with. 
 
 The transcript in this case shows that on the 21st day of March, 
 1887, at a meeting of the board, a committee was appointed to inves- 
 tigate the needs of subdistrict number two, and report at the meeting 
 in September. It further shows that on the 19th day of September, 
 1887, such committee reported, recommending that -the new house be 
 built for said subdistrict, to be located at the center of the district. 
 The report was received and the committee discharged. The report 
 was also upon motion laid upon the table. 
 
 On the 19th of March, 1888, at a meeting of the directors the above 
 report was finally adopted, and a building committee was appointed 
 to confer with the county superintendent in regard to plans and spec- 
 ifications. From this decision of the board Folsom et al. appealed to 
 the county superintendent, and the case was heard at Tipton, on the 
 9th day of April, 1888. The records in the county superintendent's 
 office show that the appellee consented to the filing of an amendment 
 
142 SCHOOL LAW DECISIONS. 
 
 J. S. Folsom et al. v. District Township of Center. 
 
 to the affidavit by appellant, and that the appellee filed a motion to 
 modify the decision of the board, and the trial then proceeded. On 
 the llth day of April the county superintendent filed a decision re- 
 versing the action of the board. On the 17th day of April, 1888, a 
 motion was filed for a rehearing, within the time given by the county 
 superintendent. On the 19th day of April, 1888, the motion for a 
 rehearing was argued before the county superintendent and overruled. 
 
 From the decision of the county superintendent the board appealed 
 to the superintendent of public instruction, and the whole case came 
 up on a hearing before him on the 5th day of June, 1888. 
 
 The first question to be decided is, did the county superintendent 
 err in overruling the motion for a rehearing. A rehearing of such a 
 case can be granted only when it can be shown that some injustice 
 has been done, or some mistake has been made which can be cor- 
 rected by a new trial; or when some additional evidence has been dis- 
 covered which is in favor of the party applying, but which could not 
 have been presented before by reasonable diligence. The affidavit 
 upon which the motion for a rehearing was based failed to show any 
 such reasons. 
 
 All the main points alleged therein had already been ruled upon 
 by the county superintendent, and we think she did not commit any 
 error in overruling the motion. This also disposes of all the testi- 
 mony sent up in support of the motion for a rehearing; these affida- 
 vits will not be taken into account in the final decision of the case. 
 
 It is not necessary here to determine the legal residence of William 
 Busier. His own testimony is that the distance from his residence 
 to the site selected by the board is one and one-fourth miles. The 
 fact that Mrs. Morgan does not desire to send to school is not mate- 
 rial. It is not the individual but the residence that is to be consid- 
 ered. Some other person living at the same place may hereafter 
 desire school privileges. 
 
 We are now free to approach the main question upon which issue 
 is joined. The testimony shows that the directors desired to relocate 
 the school-house in subdistrict number two in a more central loca- 
 tion; no other reason is assigned for the contemplated removal. 
 There is nothing which shows that the present site is unsuitable, ex- 
 cept that it does not well accommodate the pupils from the northern 
 
SCHOOL LA.W DECISIONS. 143 
 
 J. 8. Folsom et al. v. District Township of Center. 
 
 part of the district. In this determination to relocate the site near 
 the center, there is no evidence of any abuse of discretion on the 
 part of the directors, and we think their action should not be inter- 
 fered with. 
 
 There is, however, evidence which shows that the exact acre which 
 the committee staked out, is not a desirable site for a building. 
 
 The board themselves acknowledge this in their amended order by 
 which the site is removed ten rods farther north. 
 
 The county superintendent, in her decision, locates the site upon a 
 piece of ground known as the "grave-yard site." It is urged that the 
 county superintendent has only appellate jurisdiction, and must, 
 therefore, confine her decision to the two sites upon which the parties 
 joined issue. She seems to have entertained some such idea, as she 
 sustained a motion to rule out all evidence in regard to the unsuita- 
 bleness of the grave-yard site when such evidence was offered on the 
 original trial. 
 
 We think she erred, and that such evidence should have been ad- 
 mitted. 
 
 In April, 1866, the Hon. O. Faville, then superintendent of public 
 instruction, obtained this opinion from Hon. F. E. Bissell, then at- 
 torney general, upon this point: "The case does not come before 
 him (the county superintendent), merely to correct an error of the 
 board of directors, but to hear and decide the same matter that the 
 board had decided. The county superintendent is not limited to an 
 affirmance or reversal of the action of the board, but he determines 
 the same question that the board determined." See also, John Clark v. 
 District Township of Wayne y page 47, School Law Decisions, 1876. 
 
 To this opinion the decisions of this department have always con- 
 formed. The county superintendent, therefore, did not go beyond 
 her jurisdiction in selecting a site different from any which had been 
 considered by the board. 
 
 We cannot see, however, that the grave-yard site has any advan- 
 tage over the old site. It is irregular in shape, and is about as far 
 north of the center of the subdistrict as the present site is south. 
 
 In fact, its selection as a site for the new building defeats the very 
 end which the directors had in view in their action locating the site 
 in the center of the subclistrict. 
 
144 SCHOOL LAW DECISIONS. 
 
 J. S. Folsom et al. v. District Township of Center. 
 
 The case is remanded to the board of directors of Center township, 
 with instructions not to build upon the site selected by the commit- 
 tee, but to select the best site possible within a distance not more 
 than forty rods from the center of the site staked out by the com- 
 mittee; the south corner of said site, however, to be at least fifteen 
 rods north of the south corner of the committee's site; said site also 
 to contain not less than an acre, and to be as nearly square in form as 
 the circumstances will admit. 
 
 The decision of the county superintendent is 
 
 REVERSED. 
 HENRY SABIN, 
 
 Superintendent of Public Instruction. 
 June 7, 1888. 
 
INDEX TO APPEAL CASES. 
 
 PAGB 
 
 AFFIDAVIT- 
 
 The affidavit may be amended when such action is not prejudicial 
 to the rights of any party interested 39 
 
 An aflSdavit is a statement in writing, signed and made upon oath 
 before an authorized magistrate 41 
 
 The lack of an affidavit is sufficient ground to refuse a hearing ... 107 
 
 APPEAL- 
 
 An appeal will not lie from an order of a board initiating a change 
 in the boundaries of the district township, where the concur- 
 rence of the board of an ad joining district township is necessary 
 to effect the change 24 
 
 The right of appeal is not limited to cases of personal grievance. . 35 
 
 Where changes are effected in district boundaries by the concur- 
 rent action of two boards, appeal may be taken from the order 
 of the board concurring or refusing to concur, but not from the 
 order of the board taking action first 58 
 
 Appeal may be taken from an action of the board which authorizes 
 the making of a contract, but not from a subsequent action or 
 order complying with the terms of a contract previously made; 
 nor from an action authorizing the issuance of an order in pay- 
 ment of a debt contracted by previous action of the board 65 
 
 A case whose sole purpose Is to determine the validity of an order 
 on the district treasury, or the equity of a claim, cannot be en- 
 tertained on appeal to the county superintendent; the courts of 
 law alone can furnish an adequate remedy 65 
 
 Appeal will not be entertained from the action of the board in re- 
 scinding a previous illegal action 67 
 
 The execution by the board of the vote of the electors upon mat- 
 ters within their control, is mandatory; from such action of the 
 board no appeal can be taken. If such action is tainted with 
 fraud, an application to a court of law is the proper remedy 78 
 
 19 
 
INDEX. 
 
 PAGE 
 
 A PPE AL CONTIN UED 
 
 The right of appeal is confined to persons injuriously affected by 
 the decision or order complained of. Ordinarily a person living 
 in one subdistrict cannot properly appeal from an action of the 
 board locating a site in another ...... .......................... 80 
 
 The adoption of the committee's report in favor of retaining the 
 old school-house site, is an action from which appeal may be 
 taken ................................... , ....................... 82 
 
 Appeal may be taken from the action of the board in laying the 
 subject-matter of a petition on the table ....................... 85 
 
 When an adequate remedy. From the exercise of ordinary discretion 
 in the performance of an official duty, enjoined by law upon the 
 board, appeal may be taken to the county superintendent ; but 
 from a refusal to act, or from an action thereon clearly designed 
 to defeat the purpose of the law, an application to the courts of 
 law to compel the performance of the enjoined duty will afford 
 the most speedy, and in some cases the only adequate remedy. . . 88 
 
 May be taken by any resident elector of the district, aggrieved by 
 action of the board .............. ................................ Ill 
 
 ARBITRATION- 
 
 If the county superintendent is asked to arbitrate no appeal will 
 lie .................... . ........................................ 107 
 
 BOARD OF DIRECTORS 
 
 The board should be sustained in all legitimate and reasonable 
 measures, to maintain order and discipline, to uphold the right- 
 ful authority of the teacher, and to prevent or suppress insubor- 
 dination in the school ......................................... 69 
 
 Have authority. The board have authority to determine when, and 
 upon what terms, non-resident pupils may attend the schools of 
 their district .................................................... 75 
 
 The board, though not bound by a vote of the electors directing 
 the precise location of a school-house site, are required to so lo- 
 cate it as to accommodate the people for whom designed ........ 78 
 
 If, in the selection of a site, the board violate law or abuse their 
 discretionary power, their action may be reversed on appeal 78 
 
 The action of the board cannot be reversed upon the allegations 
 of appellant without proof, or by reason of failure of the board 
 to make defense. . . ............................................. 82 
 
 The acts of the board are presumed to be regular, legal, and just, 
 and should be affirmed on appeal, unless proof is brought to 
 show the contrary ............................................. 82 
 
 Discretionary acts of. The weight which properly attaches to the 
 discretionary actions of a tribunal vested with original jurisdic- 
 tion, does not apply to the decisions of an inferior appellate 
 tribunal . . 82 
 
INDEX. 
 
 PAGE 
 
 BOARD OF DIRECTORS CONTINUED 
 
 The acts of the board are presumed to be regular, legal and just; 
 and should be affirmed on appeal, unless proof is brought to 
 show the contrary ............................................... 90 
 
 Discretionary power of. In the absence of proof that the board have 
 abused the authority given them by the law, their orders will 
 not be set aside, although another decision might to many seem 
 preferable ...................................................... 135 
 
 BOUNDARIES 
 
 Must conform to congressional divisions of land. . ................ Ill 
 
 CERTIFICATE, TEACHER'S 
 
 Revocation of. The order of a county superintendent revoking a cer- 
 tificate will not be interfered with on appeal, unless it appears 
 that he acted from passion or prej udice ......................... 29 
 
 A teacher's certificate can be legally revoked only upon proof of 
 charges of which he has had personal notice, and against which 
 he has had the opportunity to make his defense ................ 62 
 
 A person addicted to the use of intoxicating liquors, who even oc- 
 casionally becomes intoxicated, is not likely to promote correct 
 moral teaching in the public schools by his example, nor to 
 possess such moral character as to entitle him to a teacher's 
 certificate ...................................................... 62 
 
 A certificate which has expired by limitation cannot be revoked. . 102 
 Revocation of. The inability to govern is sufficient reason for with- 
 holding a certificate and for the revocation of the same ......... 102 
 
 CHARGES- 
 
 Must be clearly sustained by the evidence ........................ 120 
 
 CLAIMS 
 
 Just claims against the district can be enforced only in the courts 
 of law .......................................................... 60 
 
 CONDITIONAL RULING 
 
 A county superintendent may make a conditional ruling, by 
 which his own decision is governed .... .......... . .............. 98 
 
 CONTESTED ELECTION- 
 
 Jurisdiction. The proper method of determining a contested elec- 
 tion for school director is by an action brought in the district 
 court ........................................................... 51 
 
 CONTRACTS 
 
 Contracts for the erection of school-houses, made by a subdirector 
 or committee, require the approval of the board .............. 60 
 
 The district township is bound by the contract of the subdirector 
 when made according to instructions of the board .......... .... 64 
 
 If a subdirector enter into a contract on behalf of the district, 
 without authority of the board, he does so at his own risk; such 
 contract is not binding upon the district unless approved by the 
 board ............................................................ 64 
 
 An appeal will not lie to enforce a contract ....................... 106 
 
148 INDEX. 
 
 COUNTY SUPERINTENDENT 
 
 Jurisdiction of. The superintendent's jurisdiction on appeal is not 
 greater than that of the board from whose action the appeal is 
 
 taken 24 
 
 Discretionary acts. The county superintendent having only appel- 
 late jurisdiction, should not reverse discretionary acts of the 
 board, without explicit and clearly stated proof of the abuse of 
 such discretion, even though not fully approving their action. . . 35 
 
 The county superintendent may upon appeal create subdistrict. . . 39 
 
 The county superintendent has no jurisdiction of an appeal until 
 an affidavit is filed 41 
 
 Should not reverse an action of the board which is in accordance 
 with instructions of the superintendent of public instruction. . . 43 
 
 At the hearing of an appeal before the county superintendent it is 
 competent for him, upon his own motion, to call additional wit- 
 nesses to give testimony 46 
 
 The county superintendent has no jurisdiction of cases involving 
 money demand 57 
 
 The county superintendent may, for sufficient cause, grant a re- 
 hearing 73 
 
 The county superintendent may reconsider and modify a decision 
 
 on proof that it does not conform to law 84 
 
 Jurisdiction of. The county superintendent is not limited to a re- 
 versal or affirmance of the action of the board, but he determines 
 the same questions which they had determined 98 
 
 The county superintendent should not ask the state superintend- 
 ent to decide a case on appeal for him, but may ask for an inter- 
 pretation of law, either by the state superintendent or through 
 him, by the attorney general. 110 
 
 The county superintendent has no jurisdiction to determine the 
 validity of district organization 115 
 
 DISCRETION 
 
 Abuse of. Is not established by evidence showing that a different 
 action on the part of the board would have been preferred by 
 electors . . J 115 
 
 DISCRETIONARY ACTS 
 
 The county superintendent having only appellate jurisdiction, 
 should not reverse discretionary acts of the board, without ex- 
 plicit and clearly stated proof of the abuse of such discretion, 
 even though not fully approving their action 35 
 
 Discretionary acts may be reversed Dn appeal, but should not be 
 disturbed except upon evidence of unjust exercise or abuse 41 
 
 Since the board have original jurisdiction, their discretionary acts 
 should not be interfered with by an appellate tribunal, although 
 not agreeing with their judgment, unless they violated law, 
 showed prejudice or malice, or abused their discretion in such a 
 manner as to require interference 100 
 
INDEX 149 
 
 PAGE 
 
 DISCRETIONARY ACTS CONTINUED 
 
 In the absence of proof that the board abused the authority given 
 them by the law, their orders will not be set aside, although 
 another decision might to many seem preferable 135 
 
 DISTRICT 
 
 Validity of Organization. The county superintendent has no juris- 
 diction to determine the validity of district organization 115 
 
 DISTRICT TOWNSHIP 
 
 Should not ordinarily contain more than nine subdistricts 43 
 
 ELECTION 
 
 Evidence of. The certificate of the officers of the annual subdistrict 
 meeting is the legal evidence of election as subdirector, and as a 
 general rule the board are justified in declining to recognize a 
 person as a member of the board until he produces such certifi- 
 cate 51 
 
 Contested. The proper method of determining a contested election 
 for school director, is by an action brought in the district court. 51 
 
 EVIDENCE- 
 
 Parol. Cannot be received in the absence of allegations of fraud, to 
 
 contradict or impeach the validity of school district records. ... 46 
 Where the law requires the evidence of a transaction to be in 
 writing, oral evidence can be substituted for it only when the 
 
 writing cannot be produced 51 
 
 Sufficient latitude should be allowed in the introduction of testi- 
 mony to permit a full presentation of the issues involved, even 
 
 if irrelevant testimony is occasionally admitted 85 
 
 New. New evidence can be introduced only when the facts materi- 
 ally affecting the case could not have been known before the 
 
 trial 93 
 
 To establish malice or prejudice on the part of the board, positive 
 evidence must be introduced 110 
 
 EXPLANATORY NOTES 
 
 Force of. Notes to the school law, while proper aids to school offi- 
 cers, have not the binding force of law, and a non-compliance 
 with them is not necessarily a violation of law 33 
 
 EXPULSION- 
 
 Suspension or expulsion. Suspension or expulsion of a scholar in an 
 independent district requires the action of the board by a major- 
 ity, and the concurrence of the president 103 
 
 HIGHWAY- 
 
 Since the law requires a school- house site to be located on a public 
 highway, such public highway must be fully established by law 
 before the location can be made 96 
 
15 Q INDEX. 
 
 PAGE 
 
 JANITORIAL SERVICES 
 
 If a teacher serves as janitor in sweeping the room and building 
 fires, he should be paid from the contingent fund for such ser- 
 vices 106 
 
 JURISDICTION 
 
 The superintendent's jurisdiction on appeal is not greater than that 
 of the board from whose action the appeal is taken 24 
 
 The county superintendent has no jurisdiction of an appeal until 
 an affidavit is filed , 41 
 
 An application for an appeal filed within thirty days from the act 
 of the board complained of, will not give the county superin- 
 tendent jurisdiction of the case. The appeal must be taken by 
 affidavit 53 
 
 The county superintendent has no jurisdiction of cases involving 
 a money demand 57 
 
 In cases involving the validity of district organization no appeal 
 will lie. The remedy is a writ in the nature of quo warranto 91 
 
 The county superintendent has no jurisdiction to determine the 
 validity of district organization .' 115 
 
 LOCAT10N- 
 
 Of school-house site. May be within less than forty rods, when ob- 
 tained by purchase 123 
 
 When purchased, the provisions of section 1825 do not apply. The 
 district stands in the same relation to the public and to individ- 
 uals, in ,this respect, as do other corporations, and may pur- 
 chase and convey real estate accordingly 135 
 
 NEW EVIDENCE- 
 NOW evidence can be introduced only when the facts materially 
 affecting the case could not have been known before the trial 93 
 
 NOTICE- 
 
 The county superintendent should not issue notice of final hearing 
 until both the affidavit and transcript of the district secretary 
 have been filed in his office 41 
 
 The want of notice is waived by the voluntary appearance of the 
 party for any purpose connected with the case 55 
 
 OPINIONS- 
 
 Unsupported by facts, cannot be received as satisfactory evidence 
 of prejudice 29 
 
 PRIVILEGES 
 
 School privileges are determined by the residence of the child . . . 113 
 
 PROCEEDINGS- 
 
 In the absence of proof to the contrary, the legal presumption is 
 that the proceedings before the county superintendent were en- 
 tirely regular 33 
 
INDEX. 
 
 PAGE 
 
 PUNISHMENT 
 
 The punishment of a pupil with undue severity, or with an im- 
 proper instrument is unwarrantable, and may serve, in some 
 
 degree, to indicate the animus of the teacher 68 
 
 Bight to inflict upon pupils. The right of the parent to restrain and 
 coerce obedience in children applies equally to the teacher, or to 
 
 any one who acts in loco parentis 69 
 
 The use of the rod is allowable as a last resort 102 
 
 QUO WARRANTO 
 
 In cases involving the validity of district organization no appeal 
 will lie. The remedy is a writ in the nature of quo warranto. ... 91 
 
 The only proper means of affirming the right to exercise the privi- 
 lege of an office, or to contest the illegal exercise of the same, is 
 set forth in sections 3345-3352, Code of 1873 95 
 
 RECORDS 
 
 Defective. May be amended 21 
 
 The board may at any time amend the record of the district, when 
 necessary to correct mistakes or supply omissions; and may, 
 upon proper showing, be compelled, by mandamus, to make such 
 corrections 46 
 
 The record of the secretary must be considered as evidence, unless 
 there is proof of fraud or falsehood 103 
 
 The record of the secretary should be considered as evidence, and 
 not be invalidated by parol evidence unless there is proof of 
 
 fraud or falsehood 108 
 
 Impeachment of . Parol evidence cannot be admitted in impeach- 
 ment of a record if made and certified to by the proper officers 
 as required by law 120 
 
 Not so made and certified to is defective and may be impeached 
 by collateral evidence 120 
 
 REHEARING- 
 
 The county superintendent may, for gufficjent cause, grant a re- 
 hearing 73 
 
 To warrant a rehearing, some valid reason must be urged 141 
 
 REMANDING OF CASES- 
 
 When evidence discloses that the action of the board was an un- 
 wise one, and the facts are not sufficiently shown to determine 
 what should be done, the case should be remanded to the board. 93 
 
 REVOCATION OF TEACHER'S CERTIFICATE 
 
 The order of a county superintendent revoking a certificate will 
 not be interfered with on appeal, unless it appears that he acted 
 
 from passion or prejudice 29 
 
 Opinions unsupported by facts cannot be received as satisfactory 
 evidence of prejudice 29 
 
152 
 
 INDEX. 
 
 REVOCATION OF TEACHER'S CERTIFICATE CONTINUED 
 A teacher's certificate can be legally revoked only upon proof of 
 charges of which he has had personal notice, and against which 
 
 he has had the opportunity to make his defense 62 
 
 A person addicted to the use of intoxicating liquors who even oc- 
 casionally becomes intoxicated is not likely to promote correct 
 moral teaching in the public schools by his example, nor to pos- 
 sess such moral character as to entitle him to a teacher's certifi- 
 cate 62 
 
 A certificate which has expired by limitation cannot be revoked. . 102 
 
 RULES AND REGULATIONS- 
 
 The power to prescribe rules and regulations for the government 
 of the board is not a function of the electors. A rule adopted 
 by the board, and not a provision of law, may be modified at the 
 option of the board 64 
 
 Boards of directors and their agents, the teachers, may establish 
 reasonable rules for the government of schools and the control 
 of pupils 69 
 
 The teacher has the right to require a pupil to answer questions 
 which tend to elicit facts concerning his conduct in school 69 
 
 The pupil is answerable for acts which tend to produce merriment 
 in the school or to degrade the teacher 69 
 
 Open violation of the rules of .the school cannot be shielded from 
 investigation under the plea that it invades the rights of con- 
 science 69 
 
 In establishing and enforcing regulations for the government of 
 scholars, the board have a large discretion 130 
 
 SCHOOLS- 
 
 Every person between the ages of five and twenty-one years has 
 the right to attend school in the district in which he resides, re- 
 gardless to considerations relating to race, nationality, the hold- 
 ing of property, or the payment of taxes 75 
 
 The payment of school taxes does not entitle non-residents to 
 school privileges 75 
 
 The board have authority to determine when, and upon what 
 terms, non-resident pupils may attend the schools of their dis- 
 trict 75 
 
 SCHOOL FUNDS- 
 
 Disbursement of. The treasurer is the proper custodian of all funds 
 belonging to the district, and can legally pay them out only upon 
 orders specifying the fund on which they are drawn and the 
 specific use to which they are applied. The board cannot author- 
 ize the subdirector to use the public funds for any purpose 60 
 
 SCHOOL-HOUSE 
 
 Power of the board to build. If in their judgment the wants of a 
 subdistrict require, the board are empowered to erect a school- 
 house without action on the part of the electors of the subdis- 
 trict.., 22 
 
INDEX. 153 
 
 PAGE 
 
 SCHOOL-HOUSE CONTINUED 
 
 Removal of. A vote of the electors of a subdistrict to remove a 
 school-house, will not compel the board to act affirmatively in 
 relation thereto 53 
 
 Removal of. The removal of an old house away from the geograph- 
 ical center and away from the center of population, without 
 special and strong reasons therefor, is an abuse of the discre- 
 tionary power of the board 133 
 
 SCHOOL-HOUSE SITE 
 
 The board though not bound by a vote of the electors directing 
 the precise location of a school- house site, are required to so 
 
 locate it as to accommodate the people for whom designed 78 
 
 If in the selection of a site, the board violate law or abuse their 
 discretionary power their action may be reversed on appeal 78 
 
 Location of. The action of a committee appointed by the board to 
 locate a site is of no force until officially adopted by the board 
 while in session 80 
 
 Subdistrict boundaries cannot be changed upon an appeal relating 
 solely to the location of a site, nor can a site be located with the 
 expectation that boundaries will be changed, unless such is 
 
 shown to be the intention of the board 80 
 
 A site located by the county superintendent cannot be changed by 
 the board, while the condition of the district remains without 
 material change 84 
 
 The prospective wants of a subdistrict may properly have weight 
 in determining the selection of a site, when such selection be- 
 comes necessary; but not in securing the removal of a school- 
 house, conveniently located for the present 90 
 
 To make a distinction between the children of freeholders and 
 those of tenants in determining the proper location for a school- 
 house, is contrary to the spirit and intent of our laws 90 
 
 Location of. The necessities of the present must be observed in lo- 
 cating school-house sites, in preference to the probabilities of 
 the future 93 
 
 Location of. The location of a school-house can be dependent upon 
 a change of boundaries, only when it is shown in evidence that 
 it is the intention to make such change 98 
 
 The choice of a school- house site by the electors has no binding 
 force 100 
 
 A school-house site fixed by county or state superintendent affirm- 
 ing the discretionary act of the board, allows the board to exer- 
 cise their discretion again, especially if material changes have 
 occurred 104 
 
 Proper location of school-house sites depends upon the form of dis- 
 tricts Ill 
 
 20 
 
154 INDEX. 
 
 SCHOOL-HOUSE SITE-CONTINUED- 
 
 A vote of the electors to select the precise location of a school- 
 house is not mandatory on the board 117 
 
 Location of. Must be selected with reference to convenience of the 
 
 people 117 
 
 When purchased by board, not subject to the provisions of section 
 
 1825 123 
 
 Location of. The condition of matters within the subdistrict should 
 govern the location of the house. The attendance of parties 
 from an adjoining subdistrict should not determine change of 
 
 site ... 127 
 
 Location of. A village in a subdistrict has special claims favoring 
 the selection of a site within its limits. The element of dis- 
 tance to be traveled by some is largely overcome by the advan- 
 tages of a location in the town 132 
 
 Location of. When .purchased, the provisions of section 1825 do 
 not apply. The district stands in the same relation to the pub- 
 lic and to individuals, in this respect, as do other corporations, 
 
 and may purchase and convey real estate accordingly 135 
 
 Relocation of. When it the evident intention of the board to relo- 
 cate the site as near as possible in the center of the subdistrict 
 in orner to furnish equal school facilities to all the residents, 
 
 their action should not be materially interfered with 141 
 
 SCHOOL-HOUSE TAX- 
 
 Where it has been the uniform custom to apportion the school- 
 house tax among the several subdistricts, the board are not gov- 
 erned by a vote of the electors instructing them to levy the tax 
 
 directly upon the property of a subdistrict 25 
 
 All taxes voted by the district township meeting must be appor- 
 tioned among the subdistricts. All taxes voted by the subdis- 
 trict meeting which the district township neglects or refuses to 
 grant, must be certified and levied upon the subdistrict. The 
 board have no option but to obey the requirements of the law. . 72 
 SCHOOL ORDERS- 
 
 When improperly issued by the board the proper remedy is an in- 
 junction from the civil courts '. 57 
 
 SCHOOL PRIVILEGES- 
 
 A.re determined by the residence of the child 113 
 
 SUBDISTRICTS- 
 
 Size of. It is better to have large subdistricts with good school- 
 houses well furnished, than small subdistricts with small and 
 
 poorly furnished school-houses 17 
 
 Size of. There are serious objections to the formation of small sub- 
 districts 43 
 
 The practice of cutting .district townships into numerous subdis- 
 tricts of small size, is detrimental to the educational progress of 
 the state, and will not be sustained on appeal 55 
 
INDEX. 155 
 
 PAGE 
 
 S UBDISTRICTS CONTINUED 
 
 A subdistrict is not a corporate body, and has no control of any 
 public fund , 60 
 
 Other things being equal, both territory and school population 
 should be about equally divided among the subdistricts of a dis- 
 trict township 76 
 
 One subdistrict should not ordinarily have an excess over the aver- 
 age subdistrict of the district township both in territory and 
 school population, nor should it lack in both 76 
 
 Farm of. It is very important that subdistricts should be regular 
 in form, and where it is possible, school-houses should be lo- 
 cated at or near geographical centers 127 
 
 The board may not redistrict so as to abolish a subdistrict, with 
 intent to prevent the building of a house provided for by the 
 electors 129 
 
 SUBDISTKICT BOUNDABIES 
 
 Change of. In changing subdistrict boundaries, both" the present 
 and the future welfare of the district should be considered 17 
 
 Change of. The county superintendent may, on appeal, redistrict. 
 A refusal by the board to act upon a petition to redistrict is an 
 act from which an appeal will lie '. . 26 
 
 Change of. The acts of a board changing subdistrict boundaries and 
 locating school-houses are so far discretionary that they should 
 be affirmed on appeal, unless it is shown that there has been an 
 abuse of discretion 35 
 
 Change of. At the hearing of an appeal before the county superin- 
 tendent, it is competent for him, upon his own motion, to call 
 
 additional witnesses to give testimony 46 
 
 Subdistrict boundaries can be changed only by affirmative vote of 
 
 a majority of all the members of the board 67 
 
 The boundaries of subdistricts must conform to the lines of con- 
 gressional divisions of land Ill 
 
 Change of. A subdistrict long established, embracing a territory 
 having a sufficient number of scholars to maintain a good school, 
 should not be abolished, unless the general school facilities of 
 the township will be improved thereby 139 
 
 Change of. A case involving a change of subdistrict boundaries, 
 having been adjudicated by the county superintendent, revers- 
 ing the action of the board, and being affirmed by the superin- 
 tendent of public instruction, cannot again be brought upon 
 appeal, unless it can be shown that some change materially af- 
 fecting the conditions of the case has taken place since the date 
 of the former decision 139 
 
156 INDEX. 
 
 SUPERINTENDENT 
 
 The superintendent's jurisdiction on appeal is not greater than 
 that of the board from whose action the appeal is taken 24 
 
 The county superintendent, having only appellate jurisdiction, 
 should not reverse discretionary acts of the board, without ex- 
 plicit and clearly stated proof of the abuse of such discretion, 
 . even though not fully approving their action 35 
 
 The county superintendent should not reverse an action of the 
 board which is in accordance with instructions of the superin- 
 tendent of public instruction 43 
 
 SUSPENSION OR EXPULSION- 
 
 Suspension or expulsion of a scholar in an independent district re- 
 quires the action of the board by a majority, and the concurrence 
 of the president .....:.... 103 
 
 TAXES 
 
 School-house. Where it has been the uniform custom to apportion the 
 school-house tax among the several subdistricts, the board are 
 not governed by a vote of the electors instructing them to levy 
 
 the tax directly upon the property of a subdistrict 25- 
 
 Must be certified in accordance with vote of the electors 117 
 
 Must be certified, collected and expended, in accordance with vote 
 of the electors. . . , 129 
 
 TEAOHERS- 
 
 Right of, to inflict punishment upon their pupils. A school-master who 
 stands in loco parentis may, in proper cases, inflict moderate and 
 reasonable chastisement. The law confides to teachers a discre- 
 tionary power in the infliction of punishment upon their pupils, 
 and wi)l not hold them responsible criminally, unless the punish- 
 ment be such as to occasion permanent injury to the child, or be 
 inflicted merely to gratify their own evil passions 18 
 
 When a teacher is dismissed, in violation of his contract, an action 
 in the courts of law, on the contract, will afford him a speedy 
 and adequate remedy; when discharged for incompetency, dere- 
 liction of duty, or other cause affecting his qualifications as a 
 teacher, he has the right of appeal 87 
 
 The teacher is entitled to the counsel and co-operation of the sub- 
 director and board in all matters pertaining to the conduct and 
 welfare of the school 87 
 
 The law provides that a teacher shall have a fair and impartial 
 trial, with sufficient notice to enable him to rebut, the charges of 
 his accusers.. . 120 
 
INDEX. 157 
 
 PAGE 
 
 TERRITOKY- 
 
 Transfer of. Where territory is to be transferred by concurrent ac- 
 tion of two boards to the district to which it geographically be- 
 longed, a majority of the members elect is not necessary, as 
 required for the change of subdistrict boundaries 108 
 
 TUITION 
 
 Collection of tuition under section 1793 cannot be done by appeal 
 to the county superintendent, but must be settled through the 
 courts . . . . 107 
 
YC 53872 
 
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