1111! I ED LAWS Kl I.ATIXG TO THE COMMON SCHOOLS OF KANSAS INCLUDING OFFICIAL OPINIONS AND SUG- GESTIONS TO SCHOOL OFFICERS. COMPILED UNDER DIRECTION OF W. D. ROSS, State Superintendent of Public Instruction. 1917. GIFT OF LAWS RELATING TO THE COMMON SCHOOLS OF KANSAS INCLUDING OFFICIAL OPINIONS AND SUG- GESTIONS TO SCHOOL OFFICERS. T-.UK 21/8//8 COMPILED UNDER DIRECTION OF W. D. ROSS, STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 1917. KANSAS STATE PRINTING PLANT. W. R. SMITH, State Printer. TOPEKA. 1917. 7-77 MALICIOUS DESTRUCTION OF PROPERTY. [3715] Any person who shall willfully and maliciously destroy, deface, remove or injure the property of another, pub- lic or private, when the value of the property is under twenty dollars, shall on conviction be deemed guilty of a misdemeanor, and punished by fine not less than one dollar nor more than one hundred dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. (Laws 1907, ch. 185, sec. 1.) [3716] Any person who shall willfully and maliciously destroy, deface, remove or injure the property of another, public or private, when the value of the property and when the amount of damage done thereto is twenty dollars or more, shall on conviction be deemed guilty of a felony, and be punished by imprisonment at hard labor in the penitentiary of the state of Kansas for a term not less than one year nor more than five years. (Laws 1907, ch. 185, sec. 2.) . p County and City Superintendents and School Officers: I furnish you herewith a copy of the school laws of Kansas revised to date. The official opinions and suggestions, I trust, will be helpful to you in the discharge of your official duties. W. D. ROSS, State Superintendent of Public Instruction. JULY 5, 1917. (3) 381263 .- ".-.-*-', .1 > ::^:7 TABLE OF CONTENTS. Chapter. Page. MALICIOUS DESTRUCTION OF PROPERTY 2 LETTER OF TRANSMITTAL 3 Educational provisions of the organic act 5 Educational provisions of the constitution 5 Educational provisions of the act of admission 1 Laws relating to the common schools of Kansas 9 Bonds I 9 Business colleges II 26 Certification of teachers Ill 28 Child labor IV 44 Cities V 47 Compulsory education VI 11 Consolidation VII 83 County school fund VIII 86 County superintendent ' .". IX 88 Districts X 104 Fines and penalties XI 133 Fire protection XII 134 High schools . . . : XIII 137 Industrial education . XIV 166 Industrial school pupils XV 170 Juvenile court XVI 171 Kindergartens . XVII 183 Levies XVIII 184 Libraries XIX 186 Night schools XX 188 Normal institutes XXI 190 Normal training XXII 193 Patriotic instruction XXIII 195 Retirement fund XXIV 196 School-fund commissioners XXV 199 State annual school fund XXVI 209 State department of education XXVII 210 Textbooks XXVIII 216 Tobacco and cigarettes XXIX 226 Warrants and bonds lost and destroyed XXX 228 Warrants, registration of XXXI 229 Willard, Frances Willard Day XXXII 232 INDEX 233 (4) EDUCATIONAL PROVISIONS OF THE ORGANIC ACT. [91] l SECTION 34. And be it further enacted, That when the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered 16 and 36 in each township in said territory shall be and the same are hereby reserved for the purpose of being applied to schools in said territory and in the states and territories hereafter to be erected out of the same. Approved May 30, 1854. EDUCATIONAL PROVISIONS OF THE STATE CONSTITUTION. ARTICLE II. [163] SECTION 23. The legislature, in providing for the formation and regulation of schools, shall make no distinc- tion between the rights of males and females. ARTICLE VI. [203] SECTION 1. The state superintendent of public in- struction shall have the general supervision of the common- school funds and educational interests of the state, and perform such other duties as may be prescribed by law. A superin- tendent of public instruction shall be elected in each county, whose term of office shall be two years, and whose duty and compensation shall be prescribed by law. [204] SEC. 2. The legislature shall encourage the pro- motion of intellectual, moral, scientific and agricultural im- provement, by establishing a uniform system of common schools, and schools of a higher grade, embracing normal, pre- paratory, collegiate and university departments. [205] SEC. 3. The proceeds of all lands that have been or may be granted by the United States to the state for the support of schools, and the 500,000 acres of land 2 granted to the new states under an act of Congress distributing the pro- ceeds of public lands among the several states of the Union, approved September 4, A. D. 1841, and all estates of persons dying without heir or will, and such per cent as may be 1. See note at top of page 9. 2. This money was never in the school fund. (5) 6 CONSTITUTIONAL PROVISIONS. granted by Congress on the sale of land& in this state, shall be the common property of the state, and shall be a perpetual school fund, which shall not be diminished, but the interest of which, together with all the rents of the lands, and such other means as the legislature may provide by tax or other- wise, shall be inviolably appropriated to the support of com- mon schools. [206] SEC. 4. The income of the state school funds shall be disbursed annually, by order of the state superintendent, to the several county treasurers, and thence to the treasurers of the several school districts, in equitable proportion to the number of children and youth resident therein, between the ages of five and twenty-one years; provided, that no school district in which a common school has not been maintained at least three months in each year shall be entitled to receive any portion of such funds. [207] SEC. 5. The school lands shall not be sold unless such sale shall be authorized by a vote of the people at a general election; but, subject to revaluation every five years, they may be leased for any number of years not exceeding twenty-five, at a rate established by law. [208] SEC. 6. All money which shall be paid by persons as an equivalent for exemption from military duty; the clear proceeds of estrays, ownership of which shall vest in the taker-up, and the proceeds of fines for any breach of the penal laws, shall be exclusively applied in the several coun- ties in which the money is paid or fines collected, to the sup- port of common schools. [209] SEC. 7. Provision shall be made by law for the es- tablishment, at some eligible and central point, of a state university, for the promotion of literature and the arts and sciences, including a normal and an agricultural department. All funds arising from the sale or rents of lands granted by the United States to the state for the support of a state univer- sity, and all other grants, donations, or bequests, either by the state or by individuals, for such purpose, shall remain a per- petual fund, to be called the "University fund"; the interest of which shall be appropriated to the support of the state university. [210] SEC. 8. No religious sect or sects shall ever con- trol any part of the common-school or university funds of the state. [211] SEC. 9. The state superintendent of public instruc- tion, secretary of state and attorney-general shall constitute a board of commissioners for the management and investment of the school funds. Any two of said commissioners shall be a quorum. (Constitution ratified by the people October 4, 1859.) PROVISIO] EDUCATIONAL PROVISIONS OF THE ACT OF ADMISSION. [290] SECTION 3. ... First: That sections numbered 16 and 36, in every township of public lands in said state, and where either of said sections or any part thereof has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as may be, shall be granted to said state for the use of schools. Second: That seventy-two sections of land shall be set apart and reserved for the use and support of a state university, to be selected by the governor of said state, subject to the ap- proval of the commissioner of the general land office, and to be appropriated and applied in such manner as the legislature of said state may prescribe for the purpose aforesaid, but for no other purpose. Approved January 29, 1861. LAWS RELATING TO THE COMMON SCHOOLS OF KANSAS. NOTE. The figures enclosed in brackets, thus [9177], refer to the paragraph nr.mbers in the General Statutes of 1915; the section num- bers, beginning on this page, are in consecutive order, for convenience of reference. For example: If it is desired to quote a section of the law, reference should be stated thus: "Section , School Laws of 1917; section , General Statutes of 1915." Official opinions will be found in the notes at the bottom of the pages. CHAPTER I. Bonds. ARTICLE I. School-district Bonds. 1. Purposes for which district bonds may be issued and restrictions concern- in i; the same. 2. Bond elections; notices of, and how conducted. 3. Denominations, rates of interest, and disposal of bonds. 4. Limitations modified. 5. Authority of school-fund commissioners. 6. Application to vote additional bonds. 7. Hearing of application. 8. Limit of bonds in certain cities. 9. Bonds must be registered. 10. Sinking-fund, how provided and in- vested. 11. Interest credited to sinking-fund. 12. Penalty for issuing bonds without au- thority, and for misappropriation of the proceeds. 13. Final disposition of paid bonds and coupons. 14, 15. Bonds belonging to the state per- manent school fund may be paid or refunded before maturity. 16. Payable at the state treasurer's office. 17. State treasurer to furnish statement. 18. Remittance of funds to state treas- urer. 19. Bonds to be canceled by state treas- urer. 20. Penalty for city and county treasurers refusing to act. 1 . School-district Bonds. [9177] That for the purpose of erecting or purchasing one or more schoolhouses in and for any school district in the state of Kansas, the board of direct- ors of the same shall have power to issue the bonds of the district in an amount not to exceed one and one-half per cent of its taxable property, as shown in the last assessment thereof ; 3 provided, that this limitation shall not apply to bonds heretofore legally voted. And for the purpose of extending the time of payment of the bonded indebtedness of any school district, the board of directors of the same shall have power to issue the bonds of the district in a sum not to exceed in amount its outstanding bonded indebtedness; provided, that no such bonds shall be issued until at an election 4 called for that pur- pose the question shall have been submitted to the qualified electors of the district, and a majority of all the qualified elect- ors voting on the proposition shall have declared by their 3. Bonds issued to pay indebtedness already contracted are illegal. School-district bonds can not be issued except for the purpose of erecting or purchasing one or more schoolhouses. An addition to a schoolhouse is included in the term "erecting or purchasing one or more schoolhouses," and bonds may be voted legally for this purpose. 4. The Australian ballot law does not apply to school-bond elections. (9) 10 BONDS SCHOOL DISTRICT. [CH. 1 ballots in favor of issuing the same; and provided further, that no such election shall be ordered unless a petition, stat- ing the purpose for which the bonds are to be issued, and signed by at least one-third of the qualified electors of said district, shall have been presented to the district board pray- ing that a vote be taken for the issuing of such amount of bonds as may be asked for therein ; and provided further, that it shall be unlawful for any school district to create any bonded indebtedness unless there are at least fifteen persons between the ages of five and twenty-one years actually residing within the limits thereof, as shown by a sworn census return, taken by the direction of the board of directors of such school district. 5 (Laws 1909, ch. 62, sec. 4.) 2. Election. [9178] Whenever such a petition, so signed, shall be presented to the board of directors of any school dis- trict, praying that a vote be taken on the question of issuing the bonds of the said district, it shall be the duty of the district board immediately to order an election for the purpose of determining the question of the issuing of bonds as pray.ed for, and forthwith to give notice, by posting written or printed notices, signed by the clerk, in five of the most public places in the district, which notices shall be posted up at least ten days 6 before such election, and shall state therein the object for which the election was called and the manner in which the question shall be voted upon. 7 That said election shall be conducted in all respects as are general elections under the laws of the state, except that females of the age of twenty -one years shall be entitled to vote at all such elections, subject only to the exceptions applied to males ; and the returns of the elec- 5. Build Schoolhouse. School districts having less than fifteen children of school age within their limits are, by the terms of the law providing for the issuance of school-district bonds, prohibited and debarred from raising funds for the building or purchase of schoolhouses by the issuance of school-district bonds. Such school districts can provide funds for the building of schoolhouses by issuing school-district warrants, to the extent and within the limitation of section 8913, General Statutes of 1915 (sec- tion 291 of this book) , but not otherwise. It is within the power of school districts, under said section, to vote a tax annually, not exceeding four and one-half mills on the taxable property in the district, for school pur- poses, and to distribute such portion of the amount of such tax as the school meeting shall deem proper for the purpose of building, hiring or purchasing a schoolhouse for the district. Beyond this the district can not go. School warrants for building schoolhouses can not be issued in excess of the amount authorized by law, upon the expectation that in subsequent years the school district will provide funds for the payment of the same by taxation. 6. Ten days should intervene between the date of posting the election notices and the day of the election, without counting either of the two dates. 7. The utmost care should be had in complying with the law in every detail ; otherwise the bonds may be invalid or their sale affected by their unfavorable history. -SCHOOL DISTRICT. tion shall be the same, except that they shall be made to the district board. (Laws 1879, ch. 49, sec. 2.) $ .*>. Issuance. [9179] The bonds herein provided for shall be issued in denominations of not less than $100 nor more than $500 each ; 8 they shall bear interest at a rate not to ex- ceed six per cent per annum, payable semiannually on the 1st days of January and July of each year, at such place as shall be designated in the bonds, the principal of the bonds being made payable within fifteen years from their date. These bonds shall specify on their face the date of issue, amount, for what purpose and to whom issued, the time they run, the rate and times of payment of interest, and shall have coupons at- tached for the interest as it becomes due, said coupons being so arranged that the last one shall fall due at the time of the maturity of the bond. Said bonds and the coupons thereto attached shall be signed by the director and countersigned by the clerk, and after registration by the county clerk shall be negotiable and transferable by delivery, and may be dis- posed of by the district board at not less than ninety-five cents on the dollar, and the proceeds of the same applied as provided for in the petition at which issuance of tKe bonds was au- thorized. (Laws 1879, ch. 49, sec. 3.) 4. Limitations Modified. [10889] The limitations placed by the statutes upon the voting of bonds in cities and school districts for the purpose of erecting school buildings may be modified as in this act provided. (Laws 1911, ch. 257, sec. 1.) $ .">. Authority of School-fund Commissioners. [10890] The Board of School-fund Commissioners of the state of Kan- sas is hereby authorized and empowered to make an order authorizing any city or school district to vote bonds for the purpose of erecting school buildings to an amount of not more than fifty per cent in excess of, and in addition to, the amount of bonds that mav be voted under laws now in force. (Laws 1911, ch. 257, sec. 2.) $ (>. Application to Vote Additional Bonds. [10891] The power of the said Board of School-fund Commissioners herein may be invoked by the filing with it of an application by the board of education of a city or by the school-district board of a school district that the permission of the said Board of School-fund Commissioners be given for the voting and issu- ance of additional bonds as provided in the preceding section. The said application shall be accompanied by a petition to the board of education or the school-district board, signed by not less than one-half of the number of electors who may be en- titled to vote for an issuance of bonds under the laws in force at the time of the taking effect of this act, requesting that an 8. Bonds should be issued in denominations of $100, $200, and $500, to conform to the printed bonds furnished to districts by the School-fund Commissioners. 12 BONDS SCHOOL DISTRICT. [CH. 1 application as hereinbefore provided shall be filed with the said Board of School-fund Commissioners. Notice of the in- tention to file such application shall be given to the electors by a publication in the official county paper, in form to be pre- scribed by the said board of School-fund Commissioners; and the said board shall also prescribe all rules and regulations which may be found necessary to properly carry out the pro- visions of this act, including rules in relation to the evidence required in support of the application and the method of fur- nishing such evidence. (Laws 1911, ch. 257, sec. 3.) 7. Hearing of Application. [10892] The said applica- tion shall be heard by the Board of School-fund Commissioners upon a day fixed, and the board of education or school-district board be so notified ; and which hearing shall be at the county seat of the county whence the application comes ; and the said board shall make an order either granting or denying said application ; and if the order made shall grant the application and call for an election to vote upon the question of issuing said increased amount of bonds, the election so called shall be held in all respeyts as is provided by laws in operation at the time of the taking effect of this act, and any bonds so voted and issued pursuant to such election shall be in all respects legal and valid bonds of the city or school district which votes and issues them. (Laws 1911, ch. 257, sec. 4.) 8. Limit of Bonds in Certain School Districts. That in all school districts within the state of Kansas having an as- sessed valuation of not less than $1,500,000 and not more than $1,700,000 on petition of 51% of the legal voters thereof, the board of county commissioners of the county wherein such school district may be located shall call a special election for the purpose of voting bonds in a sum not in excess of 3% of the taxable value of the property located in such school district for the purpose of building school buildings in such school dis- tricts and the said county commissioners shall be governed by all the laws governing the issuance of bonds as provided by the statutes of the state of Kansas. (Laws 1917, ch. 278, sec. 4.) 9. Registration. [9180] Before delivering any school- district bonds, the board of directors of the district issuing the same shall cause them to be registered with the clerk of the county in which the said district is located. And it shall be the duty of the county clerk, on presentation of any school bonds for registry, to register the same in a book prepared for that purpose, which register shall contain (1) the number of the district; (2) the number of the bond; (3) date of bond; (4) to whom payable; (5) when [where] payable; (6) when due; (7) when interest is due; (8) amount of bond. The county clerk shall furnish one copy of his register to the county treasurer, and forward one copy to the state superintendent, H. 1] BONDS SCHOOL DISTRICT. 13 gether with a statement showing, (1) the number of sec- tions of land in the district issuing such bonds; (2) the num- ber of acres of land assessed and subject to taxation in said district; (3) the assessed valuation of taxable lands; (4) the assessed valuation of all personal property in such district; which statement shall be signed by each member of the school board issuing the bonds, and the county clerk shall certify un- der the official seal of his office to the correctness of the state- ment and the genuineness of the signatures attached thereto. (Laws 1879, ch. 49, sec. 4.) 10. Interest and Sinking-fund. [9181] It shall be the duty of the board of county commissioners of each county to levy, annually, upon all the taxable property in each district in such county, a tax sufficient to pay the interest accruing upon any bonds issued by such district, and to provide a sink- ing-fund for the final redemption of the bonds, such levy to be made with the annual levy of the county and the taxes collected with the other taxes, and when collected shall be and remain in the hands of the county treasurer, a specific fund for the payment of the interest upon such bonds, and for their -final payment at maturity ; 9 provided, that moneys in the hands of the county treasurer belonging to the sinking-fund of the sev- eral school districts in such county shall be invested by the county treasurer, (1) in the bonds of the district to which said sinking-fund belongs, provided such bonds can be purchased at a price not exceeding their market or par value; (2) in the bonds of other school districts of this state maturing before the bonds for which such fund is raised, provided the same can be purchased at a price not exceeding their market or par value ; (3) in the bonds of the state of Kansas, or of the United States. (Laws 1879, ch. 49, sec. 5.) 11. Interest Credited to Sinking-fund. [681] That when- ever any city, township or school district sinking-fund shall amount to $500 and shall have been in the hands of the county treasurer for the period of one year, it shall be the duty of such treasurer, and he is hereby required, to credit any such sink- ing-fund with its proportional share of the interest thereafter accruing from the deposit by such treasurer of the public moneys in banks as provided by law, and thereafter such in- terest shall belong to and be a part of such sinking-fund, and the same shall no longer belong to the county. (Laws 1911, ch. 288, sec. 1.) 12. Penalty for Issuing Illegally. [9182] If any school- district officer, whose duty it is under the provisions of this act to issue or assist in any manner in the issuance of the bonds of any school district, shall prepare, sign or deliver, or aid, counsel or assist in preparing, signing or delivering, or shall 9. The sinking-fund can not legally be used in payment of any other obligation than that for which it was levied. 14 BONDS SCHOOL DISTRICT. [CH. 1 cause to be prepared, signed, or delivered, any bond or bonds of any school district, at any time before such bond or bonds are authorized by this act to be prepared, signed or delivered, such officer shall be guilty of a felony, and upon conviction shall be fined in a sum of not less than $500 nor more than $5000, or by imprisonment in the penitentiary for not less than one year and not longer than five years, or by both such fine and imprisonment. And if the board of directors of any school district, or any member thereof, shall use or dispose of any school district bonds, or the money accruing from the sale of such bonds, in any other manner or for any other pur- pose than that for which the same was created or intended, he or they shall be liable to be punished by fine in any sum not less than $1000, by information or indictment in any court of competent jurisdiction, or by imprisonment in the county jail not more than six months, or by both such fine and imprison- ment. (Laws 1879, ch. 49, sec. 6.) 13. Final Disposition. [9183] On the payment of the bonds or coupons of any school district, the county treasurer shall immediately cancel the same, and indorse thereon the date of payment ; and at the time of his settlements with the several school-district treasurers of his county he shall de- liver to each the canceled bonds and coupons of his district, and take a receipt therefor, and such canceled bonds and coupons shall be destroyed by the district treasurer in the presence of all the officers of the district, a complete record of their destruction being made by the district clerk. On the last Saturday of July of each year, each and every county treasurer shall make to the clerk of his county a detailed re- port of all the bonds and coupons canceled during the year, and the date of payment of the same, accompanied by the receipts given by district treasurers therefor ; and the county clerk shall immediately thereafter cancel the registry of all such bonds and coupons by indorsing thereon the date of payment of each. (Laws 1879, ch. 49, sec. 7.) NOTE. All school bonds must first be offered to the School-fund Com- mission, and the commission has the option to purchase same at not more than par. See section 550 of this book. 14. Payment before Maturity. [9267] If at any time any board of education, school district, township, county or city of any class shall have accumulated in the treasury sink- ing-fund sufficient to pay in full any bond or bonds issued by such board of education, school district, township, county or city of any class before the maturity, the state permanent school fund, State Normal School fund, or the University per- manent school fund, or Agricultural College endowment fund being the holders thereof, such board of education, school district, township, county or city of any class may pay the same to the state treasurer at the time any interest coupon is CH. 1] BONDS SCHOOL DISTRICT. 15 due, and take up such bond or bonds, and the state treasurer is hereby authorized to receive the same and cancel such bond or bonds and the unmatured coupons attached thereto, and deliver the same so canceled to the officer paying the amount; pro- vided, that the state treasurer, before delivering said bond or bonds, shall present the same to the auditor of the state, to- gether with a statement showing the amount of coupons upon which no moneys have been received, and upon examining such statement, and comparing with the coupons attached to such bond or bonds, the auditor shall credit the treasurer with the amounts shown to be canceled before maturity. (Laws 1905, ch. 382, sec. 1.) 15. Payment before Maturity Additional Provisions. [702] Whenever any county, city, township or school district in this state shall owe any outstanding and unmatured bonds, and at the same time shall have in its treasury any sinking- funds raised to pay such bonds, the proper officers of such county, city, township or school district may use such funds to purchase or pay any of such bonds and cancel the same, when- ever they can be so purchased or paid at or below par, or at such reasonable price above par as may be requested by a ma- jority of the resident taxpayers of such county, city, township, or school district, and which request may be made by a written petition to that effect, directed to such officers. (Laws 1905, ch. 72, sec. 1.) 5 1 <>. Payable at State Treasury. [692] From and after the taking effect of this act all bonds issued by the state, or any county, township, municipality, or school district, and the in- terest coupons thereon, shall be made payable at the office of the state treasurer, in the city of Topeka, in the state of Kan- sas. (Laws 1908, ch. 58, sec. 2.) 17. State Treasury to Furnish Statement. [9256] At least thirty days before the maturity of any bonds or coupons belonging to the permanent school fund or sinking-fund, it shall be the duty of the state treasurer to furnish a detailed statement to each county or city treasurer, or the treasurer of any board of education, of the amount due from them re- spectively, describing in such statement the number of the district or the name of the city, the amount of interest due, and the amount of principal due, if any. (Laws 1877, ch. 174, sec. 2.) 18. Remittance of Funds. [9257] It shall be the duty of each county and city treasurer, and the treasurers of boards of education, to remit to the state treasurer, at least ten days before the maturity of any bonds or coupons, all moneys col- lected by them for the redemption of such bonds and coupons, and all express charges and postage shall be a proper charge against such city or school district and shall be allowed to such treasurer on settlement. (Laws 1877, ch. 174, sec. 3.) 16 BONDS REFUNDING. [CH.l 19. Cancellation. [9258] On receipt of any funds by the state treasurer, he shall immediately cancel all coupons or bonds for which funds are remitted, and return such coupons or bonds to the office of the treasurer remitting the same. (Laws 1877, ch. 174, sec. 4.) 20. Penalty. [9259] Any county or city treasurer, or treasurer of any board of education, who shall neglect or re- fuse to perform the duties required of him by this act, shall be liable to the state in a sum equal to double the amount of such bonds or coupons remaining unpaid by reason of such neglect or refusal, which may be recovered in a suit at law against such treasurer and his bondsmen; and it is hereby made the duty of the county attorney of the proper county, upon the request of the attorney-general, to prosecute all such suits. (Laws 1877, ch. 174, sec. 5.) ARTICLE II. Refunding Bonds. 31. Sinking-fund, when and how created. 32. Investment of sinking-fund. 33. Coupons paid and destroyed. 34. Penalty for wrongful use of money. 35. Coupons when due shall be receivable for taxes by corporation issuing. 36. Merged districts may refund bonds. 37. Form of bonds. 38. Commissioners to levy. 39. Suits against merged districts. 40. May take up merged-district bonds. 41. Law governing such indebtedness. 42. Bonds of disorganized districts. 21. Bonded indebtedness may be refunded. 22. Bonds shall be signed by whom. 23. Bonds issued, how and when. 24. Bonds issued for payment of out- standing warrants. 25. Bonds to retire floating indebtedness of townships and school districts. 26. Payable at state fiscal agency. 27. Bonds shall be registered. 28. Indebtedness shall not be increased, when. 29. Annual levy for interest and sinking fund. 30. County treasurer may make levy, when. 21. Bonded Indebtedness May be Refunded. [642] Every county, every city of the first, second or third class, the board of education of any city, every township and every school dis- trict is hereby authorized and empowered to compromise and refund its bonded indebtedness, including coupons and judg- ments thereon, upon such terms as can be agreed upon, and to issue new bonds with semiannual interest coupons attached in payment for any sums so compromised ; which bonds shall be sold at not less than par, shall not be for a longer period than thirty years, shall not exceed in amount the actual amount of outstanding indebtedness, inclusive of attached coupons, and shall not draw a greater interest than six per cent per annum. No indebtedness of any kind shall be funded or refunded under the provisions of this act except bonded indebtedness actually existing at the time of the passage of this act or hereafter legally created; and nothing herein contained shall be con- strued to validate or invalidate any existing bonded indebted- ness; provided, that whenever any of the property of any city of the first class having a population of 40,000 and over is sub- ject to an indebtedness consisting of mortgage bonds, and such city of the first class has paid in cash more than fifty per cent of the purchase price of such property, then such mortgage CH. 1] BONDS REFUNDING. 17 bonds shall be deemed to be bonded indebtedness of such city within the meaning of this act. (Laws 1911, ch. 67, sec. 1.) NOTE. Maturing interest coupons may be included, but unearned in- terest coupons should not be included. See Kelly v. Cole, 63 Kan. 386. 22. Bonds Shall be Signed by Whom. [643] Bonds is- sued under this act by any county shall be signed by the chair- man of the board of county commissioners, and attested by the county clerk, under the seal of the county. Bonds issued by any city shall be signed by the mayor, and attested by the city clerk, under the seal of the city. Bonds issued by any town- ship shall be signed by the trustee, attested by the township clerk, and countersigned by the township treasurer. Bonds issued by the board of education of any city shall be signed by the president, and attested by the clerk of the board, under the seal of such board. Bonds issued by any school district shall be signed by the director, attested by the clerk, and counter- signed by the treasurer of the school-district board, and the coupons shall be signed by the mayor, president, director, trustee, or chairman of the board of county commissioners, and the clerks respectively. Such bonds may be in any de- nomination, from $100 to $1000, and made payable at such place as may be designated upon the face thereof, and they shall contain a recital that they are issued under this act. (Laws 1879, ch. 50, sec. 2.) 23. How Issued and When. [644] When a compromise has been agreed upon, it shall be the duty of the proper officers to issue such bonds at the rate agreed upon to the holder of such indebtedness, in the manner prescribed in this act; but no bonds shall be issued under this act until the proper evi- dence of the indebtedness for which the same are to be issued shall be delivered up for cancellation ; provided, that no bonded indebtedness shall be refunded by the board of county com- missioners, or any mayor and city council, or any board of trustees of any township, or any school-district board, or board of education, under this act, except such as have been issued and outstanding at least two years at the time of such refunding ; and providing further, that except for the refund- ing of outstanding debt, including outstanding bonds and ma- tured coupons thereof, or judgment thereon, no bonds of any class or description shall hereafter be issued where the total bonded indebtedness of such county or township would thereby exceed one per cent 10 of the assessment for taxation, as shown by the last finding and determination by the proper board of equalization, or of such city, school district or board of educa- tion exceed one and one-fifth per cent of such assessment ; but 10. Bonds can not be issued to exceed one and one-half per cent for all purposes, except as provided in sections 4 to 7. See section 1. 2 Sch. Laws. 18 BONDS REFUNDING. [CH. this restriction shall not apply to cities of the first class. (Laws 1909, ch. 62, sec. 2.) 24. Bonds Issued for Payment of Outstanding Warrants. [653] That the school districts in the state of Kansas, prior to the passage of this act having outstanding warrants repre- senting valid indebtedness of the districts be, and they are hereby, empowered and authorized by and through their duly elected, constituted and appointed boards of directors or duly elected, qualified and acting boards of education to compromise and refund such indebtedness upon such terms as can be agreed upon and to issue the bonds of said district in any amount not to exceed the actual value of said warrant indebted- ness, nor to exceed five per cent of the assessed valuation of all the taxable property in said district as ascertained by the assessor of the year 1910; that said bonds may be issued in any amount not less than one hundred dollars, nor more than five hundred dollars, with semi-annual interest coupons at- tached and shall be issued in all respects in conformity to, and in. accordance with an act entitled "An act to enable counties, municipal corporations, boards of education of any city and school district to refund their indebtedness," being general sections 588 to 598 inclusive of the General Statutes of 1909, provided that no limitation expressed in either act shall apply to bonds issued under this act. (Laws 1913, ch. 276, sec. 1.) 25. Bonds to Retire Floating Indebtedness of Townships and School Districts. Upon the presentation of a petition signed by 51 per cent of qualified electors of any township or school district, the board of township trustees of the various counties of the state of Kansas and the boards of education be and are hereby authorized and empowered to issue the bonds of such township in an amount sufficient to redeem and refund all outstanding floating indebtedness against such town- ships existing at the time of the passage of this act. The bonds shall be known and deemed as " Funding Bonds," and shall be issued in denominations in not less than one hun- dred ($100.00) dollars nor more than one thousand ($1000.00) dollars, with interest coupons attached and shall bear interest at a rate not greater than six per cent (6%) per annum, pay- able semiannually, the first days of January and July in each year ; provided, however, that any township or school district not desiring to issue bonds hereinbefore provided for may levy a tax in lieu thereof, not exceeding three-tenths of a mill on the dollar of the taxable property in such township or school district, for the purpose of redeeming its outstanding and floating indebtedness. (Laws 1917, ch. 330, sec. 1.) 26. Payable at State Fiscal Agency. That said bonds shall be payable in not more than thirty years from the date thereof, and may be made payable in installments and shall be payable at the office of the fiscal agency of the state of Kansas ^ o a CH. 1] BONDS REFUNDING. 19 at such time within the period aforesaid as the board of town- ship trustees or boards of education shall designate. Each bond shall bear on its face the amount thereof, the rate of interest it bears, the number of such bonds, when issued, when and where payable, for what purpose issued, and be payable to bearer; which bonds together with the coupons thereto at- tached shall be signed by the chairman of the board and at- tested by the clerk of the county and each bond shall have the impression of the seal of the county thereon; provided, that said bonds shall not be sold until registered in the office of the county clerk and the office of the auditor of state and shall not be sold for less than par. (Laws 1917, ch. 330, sec. 2.) 21. Bonds Registered. [645] The clerk of every county, city, township, school district and board of education issuing bonds under this act shall register the same in his office. Such bonds shall also, in every case, be registered by the county clerk, showing the date, number and amount thereof, rate of interest, number of coupons and amount of each, to whom payable, where payable, date of maturity, and, if optional, under what conditions ; and all bonds refunded under this act shall have the words "Paid in full" marked in a plain manner across the face of each bond and coupon so refunded, and such canceled obligations shall be carefully preserved in the office of the county clerk, or destroyed by the county commissioners, a register of the number, amount and date of issue having been first made by the county clerk. The proper officers shall, at the time of issuing refunding bonds, make out and transfer to the auditor of state a certified statement of all proceedings had by the proper board or city council, as shown of record, and that the said bonds have been issued for value, in all re- spects in conformity to this act, for certain indebtedness sur- rendered, distinctly describing the bonds issued and the in- Idebtedness surrendered, and that they have been duly registered by the attesting clerk and the county clerk, as re- quired herein, which statement shall be in such form and include such other information as the auditor of state may require, and be signed by all the officers whose signatures are attached to such bonds, and attested by the proper clerk with the corporate seal of the county, city, township, school dis- trict, or board of education, if any, and be duly acknowledged before the county clerk; and the auditor shall, upon being satisfied that such bonds have been issued according to the provisions of this act, and that the signatures thereto of the officers signing the same are genuine, register the same in his office in a book kept for that purpose, and shall, under his seal of office, certify upon such bonds the fact that they have been registered in his office according to law. (Laws 1891, ch. 163, sec. 3.) 20 BONDS REFUNDING. [CH.l 28. Indebtedness Not to be Increased. [646] In all cases in which any county, city, township, the board of educa- tion of any city, or school district, shall effect a compromise of its indebtedness under this act, at a rate of sixty-five per cent or less upon the amount of such indebtedness, and shall issue bonds therefor under the provisions of this act, such county, city, township, the board of education of any city or such school district so compromising at such a rate, shall never increase its indebtedness beyond the amount of such refunding bonds so issued under this act until the same are paid or liquidated, and any bonds that may be issued or indebtedness created in addition to such amount of refunding bonds so is- sued shall be absolutely null and void. (Laws 1879, ch. 50, sec. 5.) 29. Annual Levy. [647] In every instance in which any county, city, township, the board of education of any city, or any school district, shall issue bonds under this act, it shall be the imperative duty of the proper officers of such county, city, township, the board of education of any city, or of such school district, whose duty it may be to levy taxes, to annually levy, at the time of making the levy of other taxes, a tax suf- ficient in amount to pay the interest upon said bonds and the coupons as they become due, and to create a sinking-fund as provided for in this act for the payment of the principal of such bonds; and if such officers fail or neglect to make such levy, it shall be the duty of the county clerk forthwith to levy such tax ; and in case any such officer shall neglect or refuse to levy any such tax at the time aforesaid, and in case any county clerk shall neglect or refuse to extend such tax upon the tax- roll of the county at the proper time, then, and in that case, any such officer so neglecting or refusing to levy or extend such tax shall be severally and individually liable, and shall also be liable upon his official bond to the holder of any such bond or coupon falling due during the year for which such tax should have been levied or extended for the full amount thereof, as soon as the same is due, which liability may be enforced in a civil action in the name of such holder ; and any such officer so neglecting or refusing to levy or extend such tax shall also be deemed guilty of a misdemeanor, and on convic- tion thereof shall be fined in an amount equal to the amount which it may be shown should have been so levied or extended during such year, or imprisoned in the county jail for a term of not less than three nor more than twelve months. (Laws 1879, ch. 50, sec. 6.) 30. County Treasurer to Make Levy. [648] Should the proper officers whose duty it is to levy the taxes to pay such bonds and coupons fail or neglect to make such levy as pro- vided for in this act, it shall be the duty of the auditor of state, at any time thereafter, to ascertain the amount of interest and sinking-fund or principal of such bonds, accrued and to CH. 1] BONDS REFUNDING. 21 ;rue during that year, and shall certify the amount thereof to the treasurer of the county in which such bonds were issued, setting forth the amount thus due, and whether from the county or from a particular city, township, the board of education of any city or school district within such county; and it shall be the duty of such county treasurer, immediately upon receiving such certified statement from the auditor of state, to proceed to ascertain from the assessment roll of the county the amount of taxable property in such county, city, township, the board of education of any city, or such school district, and what percentage is required to be levied thereon to pay said interest and sinking-fund or principal, and when so ascertained shall levy such percentage upon the taxable property of such county, city, township, the board of education of any city, or such school district, as may be liable thereto, and shall immediately place the same upon the tax-roll of the county, in a separate column or columns, designating the pur- pose for which said taxes are levied ; and the said taxes shall be collected by the county treasurer of such county in the same manner that other taxes are collected. And should such county treasurer neglect or refuse to levy such tax and place the same upon the tax-roll for collection, as herein provided, he shall be personally liable, and also liable upon his official bond to the holder of any such bonds or coupons then due for the full amount thereof, and shall also be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the county jail for not less than three nor more than twelve months. (Laws 1879/ch. 50, sec. 7.) *S :$1. Sinking-fund. [649] It shall be the duty of every county, city, township, the board of education of any city, and of every school district, issuing bonds under this act, and of the proper officers thereof, to create a sinking-fund, and to levy annually a sufficient tax therefor, for the redemption of such bonds, which shall be collected as other taxes, and paid into the treasury as provided by law for other taxes, and shall re- main as a specific fund for the redemption of said bonds; the amount of which sinking-fund shall be as follows: In every instance in which bonds shall be issued under this act for twenty years or less, the quotient found by dividing the amount of the principal of such bonds by such number of years shall be the amount of sinking-fund to be levied each year for the redemption of such bonds ; but in every instance in which such bonds shall be issued for more than twenty years, it shall not be necessary to create a sinking-fund, or to levy a tax therefor, until the twentieth year prior to the maturity of such bonds, at which time, and each year thereafter, one twentieth of the principal amount of such bonds shall be levied as a sink- ing-fund for the redemption of such bonds ; provided, that any county, city, township, the board of education of any city, or any school district issuing bonds under this act, may buy in 22 BONDS REFUNDING. [CH. 1 and cancel any such bonds whenever the same can be done at or below par; and provided further, that such sinking-fund, when not required for the payment or purchase of bonds, may be invested in bonds of the United States or of the state of Kansas, and in no other manner; and provided further, that under the provisions of this act, the proper officers are author- ized, if desirable, to issue instalment bonds, running thirty years, having coupons attached representing the semiannual interest to become due thereon; and each coupon attached to any instalment bond shall, after five years from its date, rep- resent one-fiftieth of its principal, which amount shall be shown by separate words and figures aside from the interest represented in the coupon, and each instalment bond shall show upon its face that its principal is included in its coupons. (Laws 1879, ch. 50, sec. 8.) 32. Investment of Sinking-fund. [680] That the proper officers having charge and control of any moneys which have been or may hereafter be levied and collected as a sinking-fund to redeem the outstanding bonds of any county, township, city or school district, may invest such sinking-fund by purchas- ing the bonds of any county, township, city or school district within the state of Kansas, subject to the following conditions : First, no such bonds shall be purchased unless the same shall be accompanied by a certificate of the attorney-general of the state of Kansas in accordance with section 6 of chapter 110 of the General Statutes of 1909 of the state of Kansas, showing such bonds to be acceptable as security for deposit of state funds under the state depository law. Second no such bonds shall be purchased under this act which shall not mature and become due at or prior to the time fixed for the payment of the bonds for which such sinking-fund was created. Third, no sinking-fund shall be invested under this act in the bonds of any county, township, city or school district where the bonded and floating indebtedness thereof shall exceed ten per cent of its total assessed valuation as shown by the last assess- ment preceding such investment. Fourth, any officer or offi- cers investing sinking-funds under this act shall be author- ized to pay such premium as may be necessary to secure the bonds desired in the open market; provided, that no premium shall be paid for any bonds purchased under this act which shall have the effect of reducing the annual income from such investment to less than three per cent. (Laws 1913, ch. 286, sec. 1.) 33. Coupons Paid and Destroyed. [650] Whenever the bonds or interest coupons issued under this act shall become due, they shall be, on presentation, promptly paid by the proper disbursing officer, out of the money in his hands col- lected for that purpose ; and he shall indorse upon the face of any bond or coupon paid by him, in red ink, the word "Paid," BONDS REFUNDING. 23 and the date of payment, and sign his name thereto, and at each settlement he shall turn over the bonds and coupons so paid and canceled, which shall be carefully preserved, or de- stroyed. (Laws 1879, ch. 50, sec. 9.) 34. Penalty for Wrongful Use of Money. [651] Any person who shall appropriate, use, or aid or abet in appro- priating or using, any of the funds or moneys mentioned in this act, for any other purpose than as in this act provided, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum equal to the amount of money so appropriated or used, and imprisoned in the county jail for not less than three nor more than twelve months, and shall also be liable in a civil action for the amount misappropriated or used, to be prosecuted by any such bondholder or other party entitled thereto. (Laws 1879, ch. 50, sec. 10.) 35. Coupons Receivable for Taxes. [652] The interest coupons proyided for in this act shall, as fast as they become due, be receivable in payment of taxes due to the particular county, city, the board of education of any city, the township or school district which may have issued such coupons, and shall be received by all collecting officers the same as cash, in payment of such taxes. (Laws 1879, ch. 50, sec. 11.) 36. Merged Districts May Refund Bonded Indebtedness. [9185] That the officers of any school district or joint district, containing all, the greater amount or an equal amount to the largest fraction contained in any other existing district, of the territory of a school district heretofore or hereafter dis- organized (under chapter 177 of the Laws of 1899, or chapter 305 of the Laws of 1901), are hereby authorized and em- powered to compromise and refund the legally existing bonded indebtedness of the merged district and to issue refunding bonds in the manner and upon the terms prescribed by chap- ter 50 of the Laws of 1879 and the amendments thereto. (Laws 1903, ch. 430, sec. 1.) 37. Form of Bonds. [9186] Bonds issued under this act shall contain a recital that they are issued in pursuance of this act and of chapter 50 of the Laws of 1879 and the amend- ments thereto, and shall run in the name of the merged school district, and may be substantially in the following form : STATE OF KANSAS. No $ MERGED SCHOOL-DISTRICT REFUNDING BOND. BE IT KNOWN, That merged school district No , county, state of Kansas, is indebted to in the sum of dollars, bearing interest from date at the rate of per cent per annum,*payable semiannually, on the 1st day of January and July in each year, at the office of , in the city of , and for which coupons are hereto attached. iit/ieu) a 24 BONDS REFUNDING. 'CH. 1 This bond is one of bonds, amounting in the aggregate to $ issued for the purpose of refunding the legally existing bonded indebted- ness of said merged district, and in pursuance of chapter 430 of the Laws of 1903, and chapter 50 of the Laws of 1879 and the amendments thereto. The principal of this bond is made payable at the office of the , in lawful money of the United States, on the 1st day of , ; and for such payment the faith and property of the territory comprised in said merged district at the time of its disorganization is hereby pledged. Said merged district was disorganized on the day of , 19 , and the territory thereof was, on the day of , 19 , incorporated with school district No ., county, state of Kan- sas. The officers signing this bond hereby certify that all the require- ments of law have been fully complied with. IN TESTIMONY WHEREOF, This bond has been issued and signed by the director, attested by the clerk and countersigned by the treasurer of school district No. , and registered by the county clerk. Dated at , county of , state of Kansas, this day of , 19 Signed: Director. Attested: Clerk. Countersigned: Treasurer. 38. Commissioners to Levy. [9187] It shall be the duty of the county commissioners of the county in which the ter- ritory of such merged district lies to annually cause to be levied upon the property, real and personal, in the territory of such merged district, a tax sufficient to meet the interest and provide a sinking-fund for the payment of the indebtedness so refunded. In case of the disorganization and merger of any joint district, such tax shall be levied by the county commis- sioners of the respective counties wherein the territory of the merged district lies, and the moneys arising out of said levies, when collected, shall be paid to the treasurer of the county having the greater amount of the territory of said district, in the manner prescribed by section 1, chapter 226, of the Laws of 1889. (Laws of 1903, ch. 430, sec. 2.) 39. Suits against Merged Districts. [9188] Suits may be brought by or against merged districts respecting bonds so issued, and the school-district officers issuing said bonds or their successors shall appear for and in behalf of said merged district. (Laws 1903, ch. 430, sec. 4.) 40. May Take up Merged-district Bonds. [9189] That the qualified voters of any school district or joint district con- taining all of the territory of two or more school districts here- tofore or hereafter disorganized may, by a majority vote thereof, at a special election called for that purpose, vote to issue the bonds of such joint district for the purpose of re- funding or taking up of the bonds of the merged or disorgan- ized district contained in such joint district. Such bonds shall recite that they are issued in pursuance of this act, and shall run in the name of the joint school district; provided, that no greater amount of bonds shall be issued under this act than the total amount of bonds outstanding of the merged )S REFUNDING. 25 districts whose territory is contained in such joint district. (Laws 1903, ch. 430, sec. 5.) 11. Law Governing Such Indebtedness. [9190] Such indebtedness so created shall be considered and treated as and shall be governed by the laws relating to the general indebted- ness of school districts. (Laws 1903, ch. 480, sec. 6.) $4?. Bonds of Disorganized Districts. [8928] If any disorganized school district has a legally existing bonded in- debtedness at the time of its disorganization, such indebted- ness shall attach to and be a charge against the territory comprised in such disorganized district at the time of its dis- organization ; and it shall be the duty of the county commis- sioners of such county annually to cause to be levied upon the property, real or personal, in such disorganized territory a tax sufficient to meet the interest and provide a sinking-fund for the payment of such indebtedness. Whenever the bonded in- debtedness of any disorganized district can be advantageously compromised and refunded, the officers of the school district to which such disorganized district shall be attached, or has heretofore been attached, or into which it has been merged, shall have the power, and it shall be their duty, to issue re- funding bonds for such purpose, in the same manner and under the same restrictions and regulations now provided by law for the refunding of other school-district bonds. (Laws 1905, ch. 383, sec. 1.) BUSINESS COLLEGES. CHAPTER II. Business Colleges. 43. Permit to canvass. 44. Revocation of permit to canvass. 45. Permit to be shown by agent. 46. Penalty for canvassing without a per- mit. 47. Notes or contracts, void, when. 43. Permit to Canvass. [9422] That it shall be unlaw- ful for any representative or any agent of any business col- lege, or commercial department of any other school, to can- vass in the state of Kansas for the purpose of selling tuition in advance, or to contract, or to secure their note for any tuition before the registration of said student in the college register at the college, without the school first making appli- cation to the state superintendent of public instruction and receiving from him a written permit, granting such school this privilege. The state superintendent of public instruction, upon receipt of said application, shall, before granting such a per- mit, publish a notice of said application in the official state paper for a term of thirty days, at the end of which time he shall grant the school making application such permit; pro- viding, however, that satisfactory proof has not come to his knowledge, after a diligent inquiry, that said school or busi- ness college or commercial department is incompetent to fur- nish such a course of instruction as it advertises, or that the moral surroundings of the institution are not good, or that the premises are kept in an unhealthy condition, or that the agents of said institution use misrepresentations or fraud- ulent methods in securing contracts, notes or cash from pros- pective students, and in either of these cases he shall refuse to grant them a permit. (Laws 1909, ch. 204, sec. 1.) 44. Revocation of Permit to Canvass. 9423] After hav- ing granted any business college, commercial school, or com- mercial department of any other school a permit to canvass, and such school shall violate any of the conditions required to secure a permit, then the state superintendent of public instruction shall revoke the permit and shall not reissue a permit to that school until he is satisfied that they will comply with the foregoing requirements. (Laws 1909, ch. 204, sec. 2.) 45. Permit to be Shown by Agent. [9424] Any agent or representative of any such school doing business within the state, or without the state, when operating within the state of Kansas, shall, upon request of any person, show a permit or certified copy thereof, showing that the school he represents has permission to canvass within the state. (Laws 1909, ch. 204, sec. 3.) 46. Penalty for Canvassing without a Permit. [9425] Any person who shall violate this act by canvassing for stu- dents with the intention of selling tuition for cash, contract or note for any business college, commercial school or any com- CH.2] BUSINESS COLLEGES. 27 mercial department of any other school without first having this permit from the state superintendent of public instruc- tion, shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine of not less than one hundred dollars and not more than five hundred dollars, or by imprisonment not to exceed thirty days, or by both such fine and imprisonment. (Laws 1909, ch. 204, sec. 4.) 47. Notes or Contracts Void, When. [9426] Any note or contract taken by any such business college or the commer- cial department of any other school, or their agents or repre- sentatives, for tuition without first having complied with the provisions of this act shall be void. (Laws 1909, ch. 204, sec. 5.) 28 CERTIFICATES STATE. [CH.3 CHAPTER HI. Certification of Teachers. ARTICLE I. State Certificates. 48. Authority of State Board of Educa- tion ; validity of state certificates. 49. Three-year certificates. 50. Three-year certificates renewable for life. 51. Life diplomas. 52. Special certificates. 53. Normal training teachers' certificates. 54. Three-year elementary certificates. 55. Certificates of high-school teachers. 56. Temporary certificates. 57. Accredited colleges; approval of course of study. 58. Subject to examination; standard. 59. Certificates issued to college graduates. 60. Eligible institutions. 61. Graduates of school of arts in certain institutions. 62. Normal courses with practice teaching. 63. State Normal schools; common-school certificate. 64. State normal schools; one-year cer- tificates. 65. State normal schools; three-year cer- tificates. 66. State normal schools; life certificates. 67. State normal schools; life diplomas. 68. State normal schools; when act shall take effect. 69. State normal schools; special certifi- cates. 70. Normal-school certificates signed and registered by state superintendent. 71. Recognition of certificates from other states. 72. Registration of state certificates. 73. Duty of certain officers to register state certificates. 74. Unlawful to pay salary unless certifi- cate is registered. 75. Report of registration. 76. Certificates void, when. 77. Certificates canceled, when. 78. No revival of lapsed certificates by statute. 48. Authority of State Board of Education; Validity State Certificates. [8993] The State Board of Education shall have authority to hold examinations and to issue teach- ers' certificates to persons of good moral character who may give satisfactory evidence of the requisite scholarship, culture, professional attainments and ability, as provided in this act; and all certificates issued by the State Board of Education shall be valid in any township, county, school district, or city of the first or second class for the time specified in the certifi- cate unless sooner revoked by the State Board of Education. All certificates issued by the State Board of Education shall be countersigned by the state superintendent of public in- struction and such certificates shall supersede the necessity of all examinations by county, city or other local boards of examiners. (Laws 1915, ch. 298, sec. 1.) 49. Three-year Certificates. [8995] Three-year certifi- cates may be issued by the State Board of Education to per- sons who, by written examination in branches prescribed by the board, may show satisfactory evidence of their qualifica- tions for such certificate. In lieu of all or part of such exam- ination the State Board of Education shall accept satisfactory evidence showing that the applicant has completed a four-year high school course of study approved by the board, and in addition thereto has completed at least a two-years' course of study in a normal school, college, or university accredited by the State Board of Education. The three-year certificates thus issued shall be valid in any elementary school, and may be- come valid in high schools under such regulations as the state board may prescribe. The three-year certificates herein pro- vided for may be renewed successively for three-year periods CH. 3] CERTIFICATES STATE. 29 provided that the holders comply with such requirements as may be made by the State Board of Education for such re- newal. (Laws 1915, ch. 298, sec. 3.) g 5O. Three-year Certificates Renewable for Life. [8996] Three-year certificates renewable for life may be issued by the State Board of Education to persons who, by written ex- amination in branches prescribed by the state board, may show satisfactory evidence of their qualifications for such cer- tificates. In lieu of all or part of such examination the state board shall accept satisfactory evidence showing that the ap- plicant has completed a four-year high school course approved by the board, and in addition thereto has completed a four- year course of study in a normal school, college, or university accredited for this purpose by the State Board of Education. The certificates thus issued shall be valid in any elementary school or high school in the state. At the expiration of said certificate the State Board of Education shall issue a life cer- tificate provided that the holder has taught successfully at least two years after the three-year certificate was issued and has complied with the requirements of the state board for the renewal of such certificates; provided, that such life certifi- cates shall lapse if for three consecutive years the holder thereof is not engaged in teaching or in some form of educa- tional work ; but lapsed life certificates or diplomas may be re- vived by the State Board of Education. (Laws 1915, ch. 298, sec. 4.) S X 1 . Life Diplomas. [8997] The State Board of Educa- tion may issue life diplomas to teachers of eminent ability who possess the qualifications required for three-year renewal cer- tificates as provided in section 4 of this act, and who have been engaged in teaching for not less than five years and who have taught not less than two years in Kansas. Such diplomas shall be valid as teachers' certificates in any township, county, school district, or city of the first or second class during the lifetime of the holder, unless revoked by the State Board of Educa- tion. (Laws 1915, ch. 298, sec. 5.) S ~>2. Special Certificates. [8998] Special certificates may be issued by the State Board of Education to persons who, by examination, or otherwise, may show satisfactory evidence of their qualifications as teachers of kindergartens, manual training, domestic science, domestic art, agriculture, commer- cial branches, physical training, music, drawing, and such other highly specialized subjects as may be designated by the state board. Such certificates shall be valid in any public school of the state for teaching in the departments or sub- jects specified in the certificates and in no other departments or subjects than those thus specified, for [one year] and they may be renewed from year to year on conditions prescribed by the State Board of Education. (Laws 1915, ch. 298, sec. 6.) 30 CERTIFICATES STATE. [CH.3 53. Normal Training Teachers' Certificates. [8999] Nor- mal training teachers' certificates may be issued by the State Board of Education as herein provided to graduates from normal training courses in high schools and academies ac- credited for this purpose by the State Board of Education. Said certificates shall be valid in elementary schools in any county of the state, for a period of two years, and shall be renewable for successive two-year periods, on conditions pre- scribed by the State Board of Education. On the third Fri- day in May and the succeeding Saturday of each year an ex- amination of applicants for normal training certificates shall be held in the county seat of each county in which there is located one or more accredited normal training schools under such rules as the State Board of Education may prescribe. This examination shall be conducted by the county board of examiners, each of whom shall receive for his services the compensation provided by law for holding county teachers' examinations. Each applicant for a certificate shall pay a fee of one dollar, and the money so collected shall be turned into the county normal institute fund. The examination ques- tions shall be prepared by the State Board of Education and shall be forwarded to county superintendents by the state superintendent of public instruction. The package containing the questions shall not be opened except in the presence of a majority of the examining board on the day and hour for the examination. Immediately at the close of the examina- tion the manuscripts shall be properly wrapped and sealed and sent, carriage prepaid, to the state superintendent of public instruction, and said manuscripts shall be graded under the direction of the State Board of Education. A fee of seven dollars shall be sent to the state superintendent of public in- struction from the funds of each school participating in the examination and all money received from this source shall be turned into the state treasury, and shall become available to pay the expenses incurred by the State Board of Educa- tion in the grading of said manuscripts. All moneys or so much thereof as necessary received from such source during the fiscal years ending June 30, 1916, and June 30, 1917, are hereby appropriated to pay for said expenses of said State Board of Education. Said expenses shall be paid on the war- rants of the state auditor upon duly certified vouchers ap- proved by the state superintendent of public instruction. (Laws 1915, ch. 298, sec. 7.) 54. Three-year Elementary Certificates. [9000] Three- year elementary certificates may be issued by the State Board of Education to persons who hold first-grade certificates issued by boards of county examiners and to persons holding cer- tificates issued by examining boards in cities of the first or sec- ond class, provided that such persons have completed a four- CH. 3] CERTIFICATES STATE. 31 year course of study in a high school approved by the State Board of Education and in addition thereto have completed a two-year course of study in a normal school, college, or uni- versity accredited by the State Board of Education; or who in lieu of taking such two-year course in a normal school, col- lege, or university have had four years of successful experi- ence in teaching, satisfactory evidence of which shall be sub- mitted to the State Board of Education. The three-year ele- mentary certificate thus issued shall be valid in any elementary school of the state. The three-year elementary certificates herein provided for may be renewed successively for three- year periods, provided that the holders comply with such regu- lations as the State Board may make for such renewal. (Laws 1915, ch. 298, sec. 8.) $ .>.>. Certificates of High School Teachers. [9001] After September 1, 1916, no person shall teach in any four-year ac- credited high school in any township, county, district, or city of the first or second class who does not hold a certificate as a high school teacher issued by the State Board of Education or by one of the Kansas State Normal Schools, and after Sep- tember 1, 1916, it shall be unlawful for any township or county high-school board, district board, or board of education of any city of the first or second class to use any part of the public funds to pay any high-school teacher in any four-year ac- credited high school who does not hold a certificate as herein provided authorizing such person to teach in the public high schools of the state ; provided, that no person holding a valid teacher's certificate at the time when this act shall take effect who at that time shall be employed as a teacher in any four- year accredited high school in this state, shall be prohibited from teaching in any high school ; nor shall any board be pro- hibited from employing such person as a high-school teacher or from paying him from public funds. (Laws 1915, ch. 298, sec. 9.) NOTE. This act took effect on its publication in the official state paper March 26, 1915. $ .">(>. Temporary Certificates. [9002] The State Board of Education may issue temporary teachers* certificates valid for one year only in such schools and departments as may be specified in said certificate, provided that such temporary cer- tificates shall be issued only in an emergency in order to supply the schools with legally qualified teachers ; and the State Board shall have power to make all rules and regulations relating to such temporary certificates; provided, that no person shall receive more than one such certificate. (Laws 1915, ch. 298, sec. 10.) sj 57. Accredited Colleges; Approval of Course of Study. [9017] Upon application of any college or university, or educa- tional institution of like standing, incorporated under the gen- 32 CERTIFICATES STATE. [CH. 3 eral laws of the state of Kansas, and requiring a four-year high- school course or its equivalent, approved by the State Board of Education, as a condition of admission to its freshman class, the State Board of Education shall have the power to examine the course of study prescribed and the character of the work done by it, and if in the judgment of said board the course of study and the character of the work done shall be of such standing as to prepare the graduates of such institution to teach successfully in the public schools of this state, and if said institution maintains a department of education and the course of study prescribed includes work in said department satisfac- tory to the State Board of Education, the board shall place such institution on the accredited list. (Laws 1911, ch. 276, sec. 1.) 58. Subject to Examination; Standard. [9018] Any institution on the accredited list shall be subject to .examina- tion by the State Board of education at its pleasure with re- spect to its course of study, its equipment, and the character of its work ; and additional requirements may be made at the pleasure of the board. Any institution failing to maintain a standard satisfactory to the State Board of Education shall be dropped from the accredited list. (Laws 1911, ch. 276, sec. 2.) 59. Certificates Issued to College Graduates. [9019] To all persons graduating from such approved courses of study in institutions on the accredited list the State Board of Educa- tion shall issue a three-year state certificate, and at the ex- piration of said certificate said board shall issue a life certifi- cate in lieu of the first one issued, provided the holder shall have taught successfully at least two years out of the three and has kept himself informed in the general literature of his profession. (Laws 1911, ch. 276, sec. 3.) 60. Eligible Institutions. [9020] The provisions of sec- tions 1, 2 and 3 of this act shall apply to the State University and the State Agricultural College, and may, at the discretion of the State Board of Education, be extended to any institution in any of the United States which shall satisfy the said board that it maintains an efficient department of education and meets the other requirements for schools on the accredited list. (Laws 1911, ch. 276, sec. 4.) 61. Graduates of School of Arts in Certain Institutions. [9035] Any graduate of the school of arts of the University of Kansas, or of any university or college incorporated under the laws of this state maintaining a department of education and requiring a four-year high-school course or its equivalent, approved by the State Board of Education, as a condition of admission to the freshman class and maintaining a regular four-year course thereafter for graduation and accredited as such by the State Board of Education, shall, upon presentation K. 3] CERTIFICATES STATE. 33 said board of satisfactory evidence of graduation from such accredited course of study in said university or college, receive from said board a three-year certificate to teach in the public schools of this state; provided, that the course of study com- pleted by such graduate of the above described institutions shall have included such work in the department of education as shall be satisfactory to the State Board of Education. (Laws 1911, ch. 276, sec. 5.) 62. Normal Courses with Practice Teaching. [9036] The State Agricultural College and any educational institution incorporated under the laws of this state, and accredited by the State Board of Education as maintaining a course of study including all the branches prescribed by law and required by said State Board of Education for securing a three-year cer- tificate to teach in the public schools of the state, is hereby authorized to grant a diploma the form of which shall be prescribed by the State Board of Education to any person who shall complete the above-specified course of study, which diploma shall be accepted by the State Board of Education as authorization for granting to the holder of such diploma a three-year certificate to teach in the public schools of the state of Kansas; provided, said person shall have given not less than twenty weeks to practice teaching under the provision of the pedagogical department of said educational institution. (Laws 1899, ch. 179, sec. 3.) 8 (>.'$. State Normal Schools; Common-school Certificate. [9776] As soon as any person has attended said institution twenty-two weeks, said person may be examined in the studies required by the board, in such manner as may be prescribed, and if it shall appear that said person possesses the learning and other qualifications necessary to teach a good common school, said person shall receive a certificate to that effect from the principal, to be approved by the superintendent of public instruction ; and as soon as any person shall have completed the full course of instruction in the State Normal School, he or she shall receive a diploma, which, when signed by the president of the institution, state superintendent of public instruction, and the board of directors of said school, shall be evidence that the person to whom such diploma is granted is a graduate of the State Normal School, and entitled to all the honors and privileges belonging to such graduates; and such diploma shall serve as a legal certificate of qualification to teach in the common schools of this state. (Laws 1864, ch. 99, sec. 13.) 8 M. State Normal Schools; One-year Certificates. [9777] Each person shall, upon the completion of the secondary course of instruction adopted by the faculty of the Kansas State Nor- mal School at Emporia, the State Manual Training Normal 3 Sch. Laws. 34 CERTIFICATES STATE. [CH. 3 School at Pittsburg, and the Fort Hays Kansas Normal School at Hays, and approved by the State Board of Administration, be entitled to a certificate to teach in the schools of the state of Kansas for a period of one year. (Laws 1915, ch. 299, sec. 1.) 65. State Normal Schools; Three-year Certificates. [9778] Each person who has completed a standard four-year high school course, approved by said institutions as referred to in section 1, and who has completed the freshman course as prescribed by the faculty and approved by the State Board of Administration, shall be entitled to a certificate to teach in the schools of the state of Kansas for a period of three years. (Laws 1915, ch. 299, sec. 2.) 66. State Normal Schools; Life Certificates. [9779] Each person who has completed a standard four-year high school course, approved by said institutions as referred to in section 1, and who has completed the freshman and sophomore course prescribed by the faculty and approved by the State Board of Administration, shall be entitled to a life certificate to teach in the elementary schools and the junior and two-year high schools of the state of Kansas. (Laws 1915, ch. 299, sec. 3.) 67. State Normal Schools; Life Diplomas. [9780] The diploma conferred by the degree of bachelor of science in edu- cation shall be a life diploma to teach in any of the common schools of the state of Kansas, including elementary and high schools. (Laws 1915, ch. 299, sec. 4.) 68. State Normal Schools; When Act Shall Take Effect. [9781] Sections 1, 2, 3 and 4 of this act shall take effect on September 1, 1916, and until that time each of said institutions as referred to in section 1 shall be entitled to issue the life certificate now provided by section 8343 n of the Revised Stat- utes of 1909, upon the completion of the full course heretofore prescribed for that purpose by the board of regents and con- sisting of two full years' work above the high school in said institutions; and shall have the right to issue the three-year certificate now provided by law. (Laws ID 15, ch. 299, sec. 5.) 69. State Normal Schools; Special Certificates. [9782] Each of said institutions shall have power to issue certificates to teach manual training, domestic science, agriculture, com- mercial subjects, drawing, music, or other occupational sub- jects, upon the completion of such course of study as may be prescribed by the faculty of said institutions and approved by the State Board of Administration. (Laws 1915, ch. 299, sec. 6.) 70. Normal School Certificates Signed and Registered by State Superintendent. [9819] All teachers' certificates and all diplomas having certificate value shall, before they are 11. Section 63 of this book. 3H. 3] CERTIFICATES STATE. 35 issued by this board, be presented to the state superintendent of public instruction for his signature and for registration in his office. (Laws 1905, ch. 388, sec. 3.) 7 1. Recognition of Certificates from Other States. [9021] When the State Board of Education is satisfied that any resident of this state, holding a state certificate issued by any other state in the United States, secured the same by passing an examination equivalent to that given by said board, it may issue to said person the certificate as provided for in section 3 of this act, without further examination. (Laws 1893, ch. 132, sec. 10.) 12. Registration of State Certificates. [8994] Every state certificate, state diploma, or other document issued as a teacher's certificate by the State Board of Education or by any Kansas State Normal School must be registered by the county superintendent of the county or by the clerk of the board of education of any city of the first or second class in which the holder contracts to teach ; and for every certificate registered by a county superintendent a fee of one dollar shall be re- quired, which shall be paid into the normal institute fund. Failure, neglect, or refusal to comply with the foregoing pro- visions will render said certificates, diploma, or other document void as a teacher's certificate in such township, county or city of the first or second class until such registration is made. (Laws 1915, ch. 298, sec. 2.) S 73. Duty of Certain Officers to Register State Certificates. [9040] It shall be the duty of the county superintendent or clerk of the board of education of a city of the first or second class to register all such certificates, diplomas or other docu- ments when presented to him by the holder therof . It shall be the duty of said superintendent or clerk to provide a suitable record for this purpose; said record to show the name and address of the holder, kind of certificate, diploma or other document held, date of issue and date of expiration, if issued for other period than the life of the holder. It shall be the further duty of the county superintendent or clerk of the board of education to issue to such holder a statement of the kind of certificate, diploma or other document held, giving date of issue and date of expiration of same. (Laws 1905, ch. 394, sec. 2.) >j 71. Unlawful to Pay Salary unless Certificate is Regis- tered. [9041] It shall be unlawful for any district board, board of education or board of trustees of any county high school to issue an order for payment of the salary for services as teacher of any holder of said certificate, diploma or other document unless said holder presents a certificate of registra- tion as provided for in section 2 of this act. (Laws 1905, ch. 394, sec. 3.) 36 CERTIFICATES COUNTY. [CH.3 75. Report of Registration. [9043] It shall be the duty of the county superintendent and clerks of boards of educa- tion of cities of the first and second class to report, in Octo- ber and March of each year, to the State Board of Education all certificates, diplomas or other documents registered in their respective counties or cities. It shall be the duty of the state superintendent to provide necessary blanks for this report. (Laws 1905, ch. 394, sec. 5.) 76. Certificates Void, When. [9022] All life certificates issued by the State Board of Education or by the regents of the State Normal School shall be void if the holder of the same should not be engaged in school work for three consecu- tive years ; provided, that certificates may be renewed by the State Board of Education. (Laws 1893, ch. 132, sec. 11.) 77. Certificates Canceled, When. [9023] The said State Board of Education is empowered to cancel any state cer- tificate which said board, on satisfactory proof, finds to be held by a person of immoral character or otherwise disquali- fied for a teacher. (Laws 1893, ch. 132, sec. 12.) 78. No Revival of Lapsed Certificates by Statutes. [9094] No provisions of this act shall be construed to revive a state certificate, state diploma or State Normal School diploma which has lapsed under provisions of section 6223 12 of the General Statutes of 1901, nor any certificate or diploma which has lapsed by expiration of time from which it was issued. (Laws 1905, ch. 394, sec. 6.) ARTICLE II. County Certificates. 79. Board of county examiners. 80. Public examinations. 81. Examinations in other counties and at state schools. 82. Special examinations. 83. Fees. , 84. Uniform examinations. 85. Forwarding of questions. 86. Unlawful use of questions. 87. Penalty for unlawful use of questions. 88. Examiners exempt. 89. Grades of certificates; terms ; indorse- ment; revocation. 90. Certificates of the third grade. 91. Certificates of the second grade. 92. Certificates of the first grade; re- newal. 93. High-school credits; examination. 94. Renewal of first-grade certificates; ex- emption from requirement of high- school credits. 95. Temporary certificates. 96. No certificate except by examination. 97. Revocation. 98. Examination in physiology and hy- giene. 99. Examination in certain districts. 79. Board of County Examiners. [9011] In each county there shall be a board of county examiners, composed of the county superintendent, who shall be ex officio chairman of the board, and two competent persons, holders of professional certificates or first-grade certificates, or of state certificates, or of diplomas from the State University, the State Normal School, or the State Agricultural College, who shall be ap- pointed by the county commissioners on the nomination of the county superintendent, and shall serve one year from the time of their respective appointments, and each of whom shall 12. See section 76 of this book. CH. 3] CERTIFICATES COUNTY. 37 receive for his services the sum of three dollars per day for not to exceed twenty-four days in any one year. (Laws 1905, r. 390, sec. 1.) 80. Public Examinations. [9012] The board of county examiners, two of whom shall constitute a quorum, shall, on the last Saturday of January and of October, and on Saturday of the last week of the county normal institute, together with the Friday preceding each such Saturday, only at such places as may be designated by the chairman (who shall give ten days' notice of each examination), publicly examine all per- sons proposing to teach in the common schools of the county (cities of the first and second class excepted) as to their com- petency to teach the branches prescribed by law; 13 said board shall open each separate package of questions not earlier than the hour specified thereon by the state superintendent, and shall give the candidates the questions at the hour specified for the beginning of the examination on that subject; said board of examiners shall issue certificates, as by law provided, to all such applicants as shall pass the required examination and satisfy the board as to their good moral character and ability to teach and govern school successfully. 14 (Laws 1905, ch. 391, sec. 1.) 81. Examinations in Other Counties and at State Schools. [9013] Applicants for any grade of county certificates for any county of the state may write in the examination given in any other county of the state, or, if students at the State University, State Agricultural College, or State Normal School 13. Section 80 provides that the county board of examiners "shall publicly examine all persons proposing to teach . . . as to their com- petency to teach the branches prescribed by law." Sections 98 and 314 indicate what branches shall be taught in the public schools. 14. The awarding of a county certificate, or any other act within the jurisdiction of the county board of examiners, must have duly received, in the lawful course of business, the consent of at least two members of the board, in order to be, legally, an act of the board. County certificates can be legally granted only by the board. A county certificate can nqt be lawfully dated back beyond the time when the county board, in the lawful course of business, actually awarded the same. Although the county board may, by revocation for cause, abridge, they can not lawfully extend the time during which a certificate issued by them shall be in force, nor renew the same without a public examination of the holder thereof, except as provided by law. A public examination is the only legal basis for the issuance of a cer- tificate. It is the province of the board to determine the standing of the applicant in every study, and to inquire into the "competency" of the can- didate to teach and govern a school successfully. It is proper for the board to refuse a certificate to an applicant passing the necessary examination but not satisfying the board as to his ability to "teach and govern a school successfully." Certificate in Case of Joint Distinct. In the case of a joint district, the certificate must be issued by the board pf examiners of the county in which the largest amount of territory is found. 38 CERTIFICATES COUNTY. [CH. or either of its auxiliaries, at an examination conducted by the presiding officer thereof, on the questions and under the laws and regulations for the county examination; and the county examining board of any county, on receiving the papers, with a properly signed certificate on a blank to be provided by the state superintendent, together with one dollar for the institute fund for each applicant, shall issue certificates as provided in case of regular county examinations. (Laws 1905, ch. 391, sec. 2.) 82. Special Examinations. [9014] Each county super- intendent may, if he deems it necessary, conduct a special examination at the time of the closing of normal institutes in some other county or counties ; provided, that the examination conforms to the laws in all other respects, including the ques- tions prepared for that examination, and it shall be the duty of the state superintendent to furnish these questions, if notified by the county superintendent ten days before the date of the examination that he has accepted fees from two or more can- didates for that examination. (Laws 1905, ch. 391, sec. 3.) 83. Fees. [9015] Each candidate for the examination under the provisions of section 2 and section 3 of this act shall pay a fee of one dollar for this examination if taken at a state educational institution, or two dollars if taken before a county examining board, one dollar of which shall go into the institute fund of the county in which the examination is written. (Laws 1905, ch. 391, sec. 4.) 84. Uniform Examinations. [9032] That the State Board of Education is hereby instructed to prepare a series of questions for each examination, to be used in each county of the state of Kansas for the examination of teachers ; and the state superintendent is hereby instructed to procure the print- ing of the same and distributing to the superintendents of the several counties in the state, as hereinafter provided. (Laws 1885, ch. 180, sec. 1.) 85. Forwarding of Questions. [9033] The state super- intendent shall forward all questions to the superintendents of the several counties in the state of Kansas ; provided, that said questions shall be forwarded in time to reach their desti- nation at least two days before required for use; and pro- vided further, that said questions shall not be opened except in the presence of a majority of the examining board on the day and hour of examination. (Laws 1885, ch. 180, sec. 2.) 86. Unlawful Use of Questions. [9452] It shall be un- lawful for any person to sell or offer for sale, or buy or offer to buy, or to distribute, or have in his or her possession any printed or written examination questions prepared for any examination to be held for the purpose of testing the quali- fications of persons desiring to be admitted to the practice of any of the professions in this state in which it is required U,T ( H. hat . 3] CERTIFICATES COUNTY. 39 D such persons be examined as to their qualifications, or , ny printed or written examination questions prepared for eachers' examinations for any of the schools of this state, or >f any printed or written examination questions prepared for he final examination of any students in any of the higher in- titutions of learning of thifc state, desiring to graduate from -aid institutions, prior to the time of the holding of such ex- imination. (Laws 1909, ch. 208, sec. 1.) 87. Penalty for Unlawful Use of Examination Questions. [9453] Any person selling or offering to sell, buying or offer- ing to buy, distributing or having in his or her possession any such examination questions, contrary to the provisions of sec- tion 1 of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or imprisoned in the county jail for not less than ten days nor more than six months. (Laws 1909, ch. 208, sec. 2.) 88. Examiners Exempt. [9454] The provisions of this act shall not be construed to prevent the proper officials or instructors whose duty it is to conduct the said examination, referred to in section 1 of this act, from having in their pos- session printed or written copies of such examination ques- tions. (Laws 1907, ch. 208, sec. 1.) 89. Grades of Certificates; Terms;" Indorsement; Revo- cation. [9003] Boards of county examiners may issue teach- ers' certificates of three grades as provided in this act; namely, third grade, second grade and first grade; and said certificates shall be valid only in elementary schools and shall continue in force in the county in which they are issued for terms of one year, two years, and three years respectively;, and upon payment of a fee of one dollar which shall be turned into the normal institute fund, certificates of the second grade may be indorsed and certificates of the first grade shall be in- dorsed by the county superintendent of public instruction of any county in the state; and when so indorsed such certifi- cates shall be valid in the county in which they are indorsed for the remainder of the term for which they were issued. A certificate issued under this act may be revoked by the board of examiners on the ground of immorality or for any cause which would have justified the withholding of the certificate when it was granted, and the indorsement of a certificate may be withdrawn by a county superintendent for a like cause. (Laws 1915, ch. 298, sec. 11.) 90. Certificates of the Third Grade. [9004] Certificates of the third grade may be issued to persons of good moral character and not less than eighteen years of age who shall by a written examination secure an average grade of seventy- five per cent with no grade below sixty per cent in the follow- ing branches: spelling, reading, writing, English grammar 40 CERTIFICATES COUNTY. [CH. 3 and composition, geography, arithmetic, United States his- tory, Kansas history, civil government, physiology and hy- giene, the elements of agriculture, elementary general science, English classics, and the principles and methods of teaching. A third-grade certificate shall not be issued to any person who has previously held two certificates of the third grade if such person has taught seven months. (Laws 1915, ch. 298, sec. 12.) 91. Certificates of the Second Grade. [9005] Certifi- cates of the second grade may be issued to persons of good moral character and not less than eighteen years of age who have taught successfully not less than seven school months and who by written examination shall secure an average grade of eighty with no grade below sixty in all branches required for a third-grade certificate, and in the elements of music the examination in which shall be confined to the questions pre- pared by the State Board of Education and shall not require singing by the applicant; and who in addition thereto have completed a one-year course of study in a high school ap- proved by the State Board of Education or the equivalent thereof as provided in section 15 of this act; provided that certificates of the second grade may be issued to persons who have had no previous experience in teaching if such persons have completed a four-year course of study in a high school approved by the State Board of Education and are otherwise qualified as herein provided. (Laws 1915, ch. 298, sec. 13.) 92. Certificates of the First Grade; Renewal. [9006] Certificates of the first grade may be issued to persons of good moral character and not less than twenty years of age who fcave taught successfully not less than fourteen school months and who by written examination shall secure an average grade of ninety with no grade below seventy-five in all branches re- quired for a second-grade certificate, and in English history and the elements of physics, and who in addition thereto have completed a two-year course of study in a high school ap- proved by the State Board of Education or the equivalent thereof as provided in section 15 of this act ; provided that all grades of ninety per cent or higher recorded on a normal training certificate or on a second-grade certificate and all grades of ninety per cent or higher secured in subsequent county teachers' examinations while said normal training cer- tificate or certificate of the second grade is in force may be applied towards meeting the requirements of a first-grade cer- tificate. A certificate of the first grade may be renewed at its expiration upon the payment of a fee of one dollar to be turned into the normal institute fund if it is shown that the holder has attended at least ninety per cent of the time of three five- day institutes or of one four-weeks' institute or has attended some approved school for six weeks during the period for CERTIFICATES COUNTY. vhich the certificate was issued; and provided that the appli- ant shall have performed such professional work as the ounty superintendent shall prescribe for the renewal of first- rrade certificates. (Laws 1915, ch. 298, sec. 14.) 93. High School Credits; Examination. [9007] Appli- :ants for first and second grade certificates may obtain the ligh-school credits provided for in section 13 and section 14 i)f this act either by resident attendance in a high school ap- oroved by the State Board of Education of by examination in subjects selected from the first two years of the high school :ourse prescribed by the State Board of Education. Subjects comprising three units of high school credit shall be accepted as equivalent to one year of high school attendance and sub- jects comprising seven units of high school credit shall be ac- cepted as equivalent to two years of high school attendance. In order to secure credit by resident attendance the applicant must present to the county superintendent a statement signed by the principal of the high school showing the grades secured in each subject; arid said statement shall be presented on a form furnished by the superintendent of public instruction and shall be attached to the certificate when issued or recorded thereon and countersigned by the county superintendent. An examination of applicants for high school credits shall be held in each county of the state on the third Friday of May and the succeeding Saturday and first Friday of August and the suc- ceeding Saturday of each year under such rules as the State Board of Education may prescribe. Notice of this examination shall be given by county superintendents and the examination shall be conducted by the board of county examiners, each of whom shall receive the compensation provided by law for holding county teachers' examinations. The questions shall be prepared by the State Board of Education and shall be for- warded to county superintendents by the state superintendent of public instruction. The package containing the questions shall not be opened except in the presence of a majority of the examining board on the day and hour for the examination. Immediately at the close of the examination the papers shall be securely wrapped and sealed and sent to the state superin- tendent of public instruction and said manuscripts shall be graded under the direction of the State Board of Education. Each applicant shall pay a fee of one dollar, one-half of which shall be turned into the normal institute fund of the county in which the examination is held, and one-half shall be forwarded to the state superintendent of public instruction and shall be used to pay for the grading of the examination papers. The grades shall be recorded in the office of the state superintend- ent of public instruction, and a statement of the same shall be sent to the applicant and a duplicate to the county superintend- ent of the county in which said applicant took the examination 42 CERTIFICATES COUNTY. [CH. and said statement shall be attached to the certificate when is- sued or recorded thereon and countersigned by the county superintendent. (Laws 1915, ch. 298, sec. 15.) 94. Renewal of First-grade Certificates ; Exemption from Requirement of High-school Credits. [9008] All first-grade certificates in force at the time of the passage of this act shall be renewed at their expiration and the high school credits pro- vided for in section 14 of this act shall not be required from the holders of said certificates, provided that all other require- ments for renewal have been complied with; and all persons who at the time of the passage of this act shall have taught successfully in the public schools of Kansas for twenty-one school months shall be exempt from the requirements of high school credit, provided for in section 13 and section 14 of this act. (Laws 1915, ch. 298, sec. 16.) 95. Temporary Certificates. [9047] That the county superintendent of any county in this state, upon request made in writing by such district board, is authorized to issue tem- porary teachers' certificates to any persons not under eighteen years of age applying therefor, when in the judgment of such county superintendent the applicant is a person of good moral character and possesses the necessary qualifications of a teacher; provided, however, that such applicant make affi- davit that he has not failed in the last preceding examination for teachers' certificates in any county in this state ; and pro- vided further, that such temporary certificate, when issued, shall not be effective or in force from or after the next quarterly examination for teachers' certificates in the county wherein same was issued. (Laws 1907, ch. 342, sec. 1.) 96. No Certificate Except by Examination. [9016] No certificate shall be issued by any county board or county super- intendent except upon examination as provided in this act; provided, that county boards may renew professional certi- ficates from year to year, as provided for in section 4 of this act. 15 (Laws 1903, ch. 424, sec. 7.) 97. Revocation. [9039] Any certificate issued by the State Board of Education, regents of the State Normal School, county board of examiners or city board of examiners may be revoked by the body issuing the same on the grounds of im- morality, gross neglect of duty, annulling of written contracts with boards of education and district boards without the con- sent of a majority of the board which is a party to the contract, or for any cause that would have justified the withholding thereof when the same was granted. (Laws 1905, ch. 392, sec. 1.) 15. Professional certificates are no longer issued. First-grade certifi- cates may be renewed as provided in section 92. 3] CERTIFICATES COUNTY. 43 98. Examination in Physiology and Hygiene. [9034] So certificate shall be granted to an> person to teach in any )f the public schools of this state after the 1st day of January, 1886, who has not passed a satisfactory examination in the 3lements of physiology and hygiene, with special reference :o the effects of alcohol stimulants and narcotics upon the human system; and provision shall be made by the proper officers, committees and boards for instructing all pupils in each public school supported by public money and under state control upon the aforesaid topics. (Laws 1885, ch. 169, sec. 1.) 44 CHILD LABOR. [CH. CHAPTER IV. Child Labor. 105. Identification; papers verified. 106. Blanks furnished. 107. Permits returned. 108. Permits revoked. 109. Duties of inspectors. 110. Penalty. 99. Employment of children under four- teen. 100. Employment of children under sixteen. 101. Hours of employment. 102. Work permits to be kept on file. 103. Public notice. 104. Work permits, when issued. 99. Employment of Children under Fourteen. That no child under fourteen years of age shall be at any time em- ployed, permitted, or suffered to work in or in connection with any factory, workshop, theater, mill, cannery, packing house, or operating elevators ; nor shall such child be employed, per- mitted or suffered to work in any business or service what- ever during the hours in which the public school is in session in the district in which said child resides. (Laws 1917, ch. 227, sec. 1.) 100. Employment of Children under Sixteen. That no child under sixteen years of age shall be at any time employed, permitted, or suffered to work in or about any mine or quarry ; or at any occupation at any place dangerous or injurious to life, limb, health or morals. (Laws 1917, ch. 227, sec. 2.) 101. Hours of Employment. That no child under six- teen years of age, who is employed in the several vocations mentioned in this act, or in the transmission of merchandise or messages, or any hotel, restaurant or mercantile establish- ment, shall be employed before seven a. m., or after six p. m., nor more than eight hours in any one calendar day, nor more than forty-eight hours in any one week. (Laws 1917, ch. 227, sec. 3.) 102. Work Permit to be Kept on File. That all persons, firms, or corporations employing children under sixteen years of age in any of the vocations mentioned in this act, shall be , required to first obtain and keep on file and accessible to any inspector or officer charged with 'the enforcement of this act, the work permit as hereinafter provided for. (Laws 1917, ch. 227, sec. 4.) 103. Public Notice. That every employer shall keep posted in a conspicuous place near the principal entrance, in any establishment where children under sixteen years of age are employed, permitted or suffered to work, a notice stating the maximum number of hours such child may be required, or permitted to work, on each day of the week, the hours of com- mencing and stopping work and the hours allowed for dinner or other meals. The form for such notice shall be furnished by the commissioner of labor, and the employment of any child for a longer time in any day than so stated, or at any time other than as stated in said notice, shall be deemed a violation of the provisions of this act. (Laws 1917, ch. 227, sec. 5.) 4] CHILD LABOR. 104. Work Permits, When Issued. That the superin- tendent of schools or his duly authorized representative, or the judge of the juvenile court, shall issue a work permit only after he has received, examined, approved, and filed the fol- lowing papers duly executed, namely : First. A written statement signed by the person for whom the child expects to work, or by some one duly authorized by such person, stating the occupation at which he intends to P employ such child. Second. The school record of such child properly filled out and signed by the principal of the school last attended, setting forth that such child has completed the course of study pre- I scribed for elementary schools by the State Board of Educa- tion. In case such school record is not available then the official issuing the permit shall cause such child to be examined to determine whether or not such child has the educational qualifications equivalent to a completion of the elementary course of study prescribed by the State Board of Education, and shall file in the office a statement setting forth the result of such examination ; provided, that a permit may be issued to allow a child who has not completed the course of study pro- vided for herein to work when school is not in session in the district in which such child resides, subject to all the other limitations of this act. Third. Evidence of age of the child, showing that the child is fourteen years of age; and that the state commissioner of labor shall be, and hereby is authorized, empowered, and di- rected to make and prescribe, and from time to time to change and amend such rules and regulations, not in conflict with this act, as he may deem necessary and proper to secure satisfac- tory evidence of the age of the child applying for a work per- mit ; provided, however, that the evidence of age, and the man- ner of preparing and producing such evidence, required under such rules and regulations, shall comply substantially with the requirements as to proof of age prescribed by any rules and regulations made pursuant to the act of Congress entitled, "An act to prevent interstate commerce in the products of child labor, and for other purposes, approved September 1, 1916," and any amendments thereto hereafter made. (Laws 1917, ch. 227, sec. 6.) IS 1 O.V Identification; Papers; Verified. That every work permit shall state the name, sex, .the date and place of birth, and the place of residence, and describe the color of the hair and t'yos. and the height and weight of such child, and shall contain a statement of the proof of age accepted and shall \vrifv that the papers required by the preceding sections have been duly examined, approved, and filed, and that the child named in such permit has appeared before the official issuing the permit and has been examined. Every such permit shall be 46 CHILD LABOR. [CH. 4 signed in the presence of the official issuing the same, by the child in whose name it is issued. It shall show the date of its issue. (Laws 1917, ch. 227, sec. 7.) 106. Blanks Furnished. That the permits provided for under this act shall be issued upon blanks furnished by the commissioner of labor and shall be made out in duplicate ; one of such duplicates shall be forthwith returned to the commis- sioner of labor, by the party issuing the same, with a state- ment of the character and substance of the evidence offered prior to the issuance of such permit. Such permit shall be sufficient protection to the employer of any child as to the age of such child, except when such employer has actual knowl- edge of the falsity of such permit. (Laws 1917, ch. 227, sec. 8.) 107. Permit Returned. That on the termination of the employment of a child whose work permit is on file, such per- mit shall be returned by the employer within two days to the official who issued the same ; upon receipt of which the official shall transmit the same or a copy of the same to the state com- missioner of labor. (Laws 1917, ch. 227, sec. 9.) 108. Permit Revoked. That whenever it shall appear to the commissioner of labor that any permit has been improperly or illegally issued or that the physical or moral welfare of such child could be best served by the revocation of such permit, he may forthwith revoke the same, and shall then notify the per- son employing such child and the child holding such permit of such revocation. (Laws 1917, ch. 227, sec. 10.) 109. Duties of Inspectors. That it shall be the duty of the S'tate factory inspector, state inspector of mines and their deputies, to inspect the permits and lists hereinabove provided for, to examine children employed in factories, workshops, theaters, elevators, packing houses and mines, and the voca- tions mentioned in sections 1 and 2 of this act, as to their age and education, and to file complaints in any court of competent jurisdiction to enforce the provisions of this act, and it shall be the duty of the county attorney of the proper county to appear and prosecute all complaints so filed. (Laws 1917, ch. 227, sec. 11.) 110. Penalty. That any person, firm or corporation em- ploying any person or child in violation of any provision of this act, or permitting or conniving at such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days nor more than ninety days. (Laws 1917, ch. 227, sec. 12.) CITIES OF FIRST AND SECOND CLASS. 47 CHAPTER V. Cities. ARTICLE I. Cities of the First and Second Class. 111. Board of education. 112. Vacancies. li:r Nomination and election. 114. Vacancy. 115. Clerk. 116. Superintendent. 117. Examining committee; teachers. 118. Use of school buildings. t 8 111. Board of Education. That section 9065 of the Gen- ral Statutes of Kansas for 1915 be amended to read as fol- ows: Sec. 9065. That in each city of the first and second lass, except those cities having a population of more than 50,- )00 and less than 75,000 by the United States census of 1910, here shall be a board of education, which shall constitute a )ody corporate and politic possessing the usual powers of >ublic corporations consisting of six members, to be nominated ind elected by the qualified voters of the city at large, three of tfhom shall be elected at the general city election held in \pril of each odd-numbered year, and shall hold their office 'or the term of four years, and until their successors are duly elected and qualified, and said term of office shall begin on the irst Monday in August succeeding their election; provided, Dhat at the election in the organization of any city of the second class as provided by law, three members of the board )f education shall be elected whose term of office shall expire 3n the first Monday in August in the first odd-numbered year succeeding their election and three members of said board shall be elected who shall hold their office until the first Monday in August in the second odd-numbered year succeeding their election. The members of said board of education so elected shall qualify within ten days after their election by filing their oaths of office with the city clerk, and upon qualifying, said board of education so elected shall organize by the election of a president and vice president from its members and a clerk, which officers shall serve until the first Monday in the month of August following, and upon the qualification of said board of education, the powers of the preceding school district officers shall cease; provided further, that no member of the board of education shall be a city commissioner or member of the city council, and no city commissioner or member of the city council shall be a member of the board of education. The ter- ritory attached to cities of the first and second class shall con- stitute a part of such city for the purposes of this act. (Laws 1917, ch. 271, sec. 1.) 112. Vacancies. [9067] That the board of education shall have power to fill any vacancy which may occur in their body; provided, that any vacancy occurring more than ten days previous to the date provided by law for the filing of primary nomination papers, and leaving an unexpired term of 48 CITIES OF FIRST AND SECOND CLASS. [CH. 5 one or more years, shall be filled at the first city election thereafter, and the ballots and returns of election shall be designated as follows : "To fill the unexpired term of years.". (Laws 1911, ch. 267, sec. 3.) 113. Nomination and Election. [9069] That in all cities of the first and second class which have heretofore adopted or shall hereafter adopt the provisions of the General Statutes of the year 1909 authorizing the government of such cities by boards of commissioners, candidates for nomination at the primary and for election as members of the board of education shall be nominated and elected in the same manner as nearly as practicable as are the mayor and commissioners in such cities, and may be recalled in like manner. The number of members to be elected at each general city election shall .be certified to the city clerk by the president or clerk of the board of education at least ten days previous to the date provided by law as the last day for filing primary nomination papers. The names of all candidates shall appear in alphabetical order on the official city primary ballot, in a separate column, under the heading "Candidates for nomination for members of the board of education of - - city at the primary election," and above the names the words, "Vote for - -," filling in the blank with the figure equalling the numbers of members of the board of education to be chosen at the regular election. The names of double the number of members of the board to be elected receiving the highest number of votes at the primary election shall be placed upon the ballot as candidates for mem- bers of the board of education at the next succeeding general city election. The persons receiving the highest number of votes at such regular election shall be declared elected, and each shall receive a certificate signed by the mayor and city clerk, under the seal of the city. Each person elected shall qualify within ten days after his election by filing an oath of office with the city clerk, but he shall not take office until the first Monday in August succeeding his election. The city clerk shall within thirty days after the canvass of the votes certify to the board of education the names of the candidates elected as members of such board. Any petition for nomination for member of the board of education filed prior to the date on which this act goes into effect, and complying with the law in effect at the time of filing said petition, is hereby declared to be legal. (Laws 1911, ch. 267, sec. 5.) 114. Vacancy. [9072] That the board of education in cities of the first and second class shall have the right, at any regular or special meeting, to hold an election to fill any va- cancy which may occur among the officers of the board, or any of its employees; and the board may remove any of its em- ployees for incompetence, negligence, or immorality, after no- tice and a fair hearing of the persons so charged. The fiscal CITIES OF FIRST AND SECOND CLASS. 49 ye ir of the board shall close on the last day of June, and the an mal reports of the president, clerk, superintendent and of th' several committees shall be presented to the board on or be 'ore the first Monday in August of each year. (Laws 1911, ch 269, sec. 2.) ni.l. Clerk. [9073] That it shall be the duty of the cL rk to be present at all meetings of the board, to keep an ac curate journal of its proceedings, and to have the care and ci stody of the records, books and documents of the board, to cc antersign all warrants drawn upon the treasurer by order of t\ 3 board, to keep an accurate account of all moneys paid to tt e treasurer on account of said board and all moneys paid or 01 ders drawn on the treasurer by order of said board, and to pj epare and publish an annual report showing (1) the moneys r< ceived by the treasurer since the last report, and from what s( urce received ; (2) the amount of sinking-fund, and how ir vested; (3) the moneys paid out, and for what; (4) the bal- ance of general fund in the hands of the treasurer; (5) and tl e number, date and amount of any bond issued by said board a: id of all bonds purchased for the sinking-fund ; and the clerk si iall perform such other duties as the board or its committees shall require. (Laws 1911, ch. 269, sec. 3.) 116. Superintendent. [9074] That the board of educa- tiDn in cities of the first and second class, at such times as they may deem expedient, shall elect a superintendent of s( hools, who shall not be a member of said board, for a term o '. one or two years, as the board may choose, and whose term shall begin on the first Monday in August. The superintendent shall have charge and control of the public schools of the city, subject to the orders, rules and regulations and by-laws of the board, and shall receive for his services such compensation as the board may allow. Such superintendent shall be the holder of a state certificate valid for at least three years, or be a graduate of an accredited normal school, college or university; provided, that the qualifications herein specified shall not ap- ply to any person holding the position of superintendent of schools in any city of the first or second class at the date when this act shall take effect. (Laws 1911, ch. 269, sec. 4.) 117. Examining Committee; Teachers. [9075] That the board of education in cities of the first and second class, at such times as they may deem expedient, shall appoint two competent persons who, with the superintendent as chairman thereof, shall be styled the examining committee of the board of education, whose duty it shall be to examine all persons who shall apply to them as teachers; 16 and no person except 16. Qualifications of Teachers in Cities of the First and Second Class. The school law authorizes the board of education in a city of the first or second class to examine teachers as to their qualification to teach in any Ijiven department of the public schools of such city. Said board of edu- 4 Sch. Laws. 50 CITIES OF FIRST, SECOND AND THIRD CLASS. [CH. 5 one who holds a diploma or a certificate from the State Board of Education or a diploma from the State Normal School shall be elected by the board as a teacher, unless such person is the holder of a certificate from the examining committee, signed by all or a majority of them, and setting forth that such person is competent to teach in such department 1T of the public schools as may be stated in the certificate and is a person of good moral character. (Laws 1911, ch. 269, sec. 5.) 118. Use of School Buildings. [9077] The board of edu- cation of cities of the first and the second class shall have the care and keeping of all school buildings and other school prop- erties belonging to the city school districts. They shall have authority to open any or all school buildings for the use of night schools, improvement associations, scientific, mechanical or agricultural societies, under such regulation as the board of education may adopt; provided that the board of education may at any time, if they think best, refuse to open any or all school buildings for any or all of these purposes. (Laws 1913, ch. 283, sec. 1.) ARTICLE II. Cities of the First, Second and Third Class. 119. Right of eminent domain. 120. Commissioners to appraise and con- demn property. 121. Notice; report. 122. Title to land; appeal. 123. Costs. !124. County high schools. 125. Depositories for funds, cities of sec- ond and third class. 126. School boards may purchase or lease playgrounds. 127. Tax levy for playgrounds. 119. Right of Eminent Domain. [9408] That the right of eminent domain be and the same is hereby conferred upon the boards of education of all cities of the first and second class, all such boards having always been distinct bodies corporate possessing the usual powers of bodies of [or] cor- porations for public purposes, and any school district in which is located a city of the third class. (Laws 1909, ch. 86, sec. 1.) 120. Commissioners to Appraise and Condemn Property. That section 9409 of the General Statutes of Kansas for 1915 be and is hereby amended so'as to read as follows: Sec. 9409. That whenever it shall be deemed necessary by the board of education of any city of the first or second class or any school district in which is located a city of the third class or the board of trustees of any county high school to appropriate as much as it may deem necessary of any private property for its use for sites for school buildings, playgrounds, agricultural, in- cation has power to determine the kind and grade of the certificates and for how long valid. Certificates of this kind are valid in the city of issue only. Cities of the first and second class must recognize certificates and diplomas issued by the State Board of Education and the State Normal Schools. 17. After September 1, 1916, such certificates will be valid only in elementary schools. See section 55 of this book. CITIES OF FIRST, SECOND AND THIRD CLj di' strial or athletic purposes, or any addition or extension to aryr school building site or playground already selected, the be ird of education of such city, or such school board, or board of trustees of such county high school shall cause a survey, d( ^cription and plat of the land so required, to be made and fil id with its clerk and thereupon shall make an order declar- in r that the appropriation of such land is necessary, and set- ti'.g forth for what purposes the same is to be used. Upon w -itten application of the board of education of said city, or sc 100! board of any school district in which is located a city of tt e third class, or board of trustees of any county high school, 01 a majority of the board, it shall be the duty of the judge of tl e district court of the county in which such land is situated t( appoint three disinterested freeholders of such county as c< mmissioners to condemn and appraise such lands, which a ipointment shall be in writing and certified to said board of education, school board or board of trustees, and said board si tall without delay cause such application and certificate of the a >pointment to be recorded in the office of the register of d jeds of such county ; and in case any person so appointed re- f ises or fails to serve as such commissioner for any reason, the said district judge, upon the application of such board, s'lall appoint some other person having the proper qualifica- t ons to fill such vacancy. Such commissioners shall be sworn honestly and faithfully to perform their duties; and such com- missioners shall proceed immediately after their appointment to condemn and appraise the value of the lands so selected. Laws 1917, ch. 273, sec. 1.) 8 121. Notice; Report. [9410] Such commissioners shall g ive at least thirty days' notice of the time and place when and where the damage will be assessed, by publication for three consecutive weeks in some newspaper of general circulation published in such county that on the time fixed by such notice they will upon actual view appraise the value of the lands taken and assess any other damages to the owners thereof. Such notice shall describe the property taken and the name or names of the owner if known. The said commissioners may adjourn as often and for such length of time as may be deemed convenient, and may during any adjournment perfect and cor- :*ect all errors or omissions in the giving of notice by making icw publication, citing corporations or individual property owners who have not been notified, or if defective or insuffi- cient notice has been given, a notice of any adjourned meeting *hall be as effective as notice of the first meeting of the com- missioners, and the commissioners shall, upon completing their duties, make and sign a report describing the land so con- demned, the purpose for which it was condemned, and the ap- praised value thereof, which report shall be by them filed in the office of the city clerk of the city or clerk of said school district 52 CITIES OF FIRST, SECOND AND THIRD CLASS. [CH. 5 in which such land is located. Any such city clerk or clerk of said school district shall immediately cause a certified copy of such report to be filed in the office of the register of deeds of the county in which such land is situated, and by such register duly recorded as other instruments of writing affecting the titles to real estate. (Laws 1909, ch. 86, sec. 3.) 122. Title to Land; Appeal. [9411] Such city clerk or clerk of such school district shall immediately cause a certified copy of such report to be filed with the clerk of such board of education or clerk of said school district. If within thirty days after such report is filed in the office of the city clerk or clerk of said school district the board of education or said school board shall pay to the county treasurer for the use of the owner of such land the amount of the appraised value thereof, the title of such land so condemned and appropriated shall imme- diately vest in such board of education of said school district, which shall have the right forthwith to take possession of, occupy, use and improve the same. Either party, the owner of the land or the board of education of said school district, may appeal from such appraisement to the district court in the same time and manner that appeals are taken from the judg- ments of justices of the peace in civil actions, except as pro- vided in the following paragraph: the appeal bond shall be filed with and approved by the clerk of the district court in which said land so condemned and appropriated is situated, and such clerk or clerk of said district shall immediately make a transcript of the report of such commissioners and such bond and file the same with the clerk of the district court of the county in which said lands are located. (Laws 1909, ch. 86, sec. 4.) 123. Costs. [9412] That all costs and expenses of such condemnation proceedings shall be paid by such board of edu- cation or such school board out of its school fund. (Laws 1909, ch. 86, sec. 5.) 124. County High Schools. [9413] The provisions of this act shall also apply to and include boards of trustees of county high schools now or hereafter organized in the state of Kansas. (Laws 1909, ch. 86, 6.) 125. Depositories for Funds, Cities of Second and Third Class. [1029] That in all cities of the second and third classes the city treasurer, 'and also the treasurer of the board of education of cities of the second class, and the treasurer of the school board of any district in which there is a city of the third class, shall deposit all public moneys coming into their hands in their official capacity in some responsible bank or banks within said city, the same to be designated by the mayor and councilmen of such cities, and in the case of such school funds said depositories to be designated by the board of edu- cation or school board, as the case may be, in such city. Such Cl . 5] CITIES OF FIRST, SECOND AND THIRD CLASS. 53 dc )osit shall be made in the name of such treasurer as such ofi cer, and such banks shall pay such interest on average daily bit ances as may be agreed upon, figured on even hundreds of d( lars; provided, that in no case shall the rate of interest be le s than two per centum per annum on such average daily bi lances; and provided further, that where more than one b; nk is designated as depository for any fund, such fund shall b( equally divided by the treasurer of such fund among such b; nks. Before making such deposits the mayor and council- rr 3n, the board of education or school board, as the case may b , shall take from such bank or banks a good and sufficient b >nd, payable to such city, board of education, or school board, a the case may be, the same to be approved by such mayor and c- uncilmen, or board of education, or school board, as the case n ay be, in a sum double the largest approximate amount that n ay be on deposit at any one time, or the bond of some surety c >mpany empowered to do business in the state of Kansas in a s im aggregating the largest approximate sum that may be on d aposit at any one time, conditioned that such deposit shall be p romptly paid on the check or draft of the treasurer of such c.ty, board of education or school board, and the bondsmen of s ach treasurer shall not be liable for money so deposited ; but i i no case shall more than one-half of the amount of said de- lository bond be subscribed by the officers of said bank, and ^uch bank or banks shall on the first day of each month file with the clerk of such city, board of education or school board, i s the case may be, a statement of the amount of money on hand at the close of business each day during the previous month and the amount of interest accrued thereon to said date. ;Laws 1909, ch. 89, sec. 1.) >j 1 26. School Boards May Purchase or Lease Playgrounds. That section 9125 of the General Statutes of Kansas for 1915 is amended to read as follows: Sec. 9125. That the school boards and boards of education in all cities of this state are 'lereby authorized to purchase or lease grounds for public rec- reation places and playgrounds and to establish and maintain for children on such grounds and in the public school build- ings and on the public school grounds, under the custody and management of such school boards or boards of education, public recreation places and playground and necessary accom- modations for the same. Such school boards or boards of edu- cation are also hereby authorized to cooperate with the officers having the custody and management of public buidlings and public parks and other public grounds in such cities, and, by making satisfactory arrangements with such officers, to pro- vide for the supervision, instruction and oversight necessary to carry on public educational and recreational activities as described in this section in such buildings and upon such parks id grounds. (Laws 1917, ch. 274, sec. 1.) 54 CITIES OF FIRST CLASS. [CH.5 127. Tax Levy for Playgrounds. That section 9126 of the General Statutes of Kansas for 1915 is amended to read as follows: Sec. 9126. That, in addition to the taxes which school boards and boards of education in all cities of the state are empowered to levy under existing statutes, such school boards and boards of education are hereby authorized to levy a tax not exceeding, in any one year, one-fourth of one mill on the dollar on all personal, mixed and real property, within such cities, taxable according to the laws of the state of Kan- sas, for the purpose of paying the cost of the activities here- inbefore mentioned in this act. Such tax shall be levied at the same time and in the same manner, and collected and dis- bursed by the same officers, as other taxes levied by such school boards and boards of education. (Laws 1917, ch. 274, sec. 2.) ARTICLE III. Cities of the First Class. 128. Cities of the first class defined. 129. Attachment of adjacent territory. 130. Powers of board of education. 131. Organization of board; bond and oath of clerk. 132. Duty of president. 133. Duty of vice president. 134. Duty of treasurer. 135. Members of board shall not receive pay. 136. Vacancy in examining committee. 137. Annual levy of taxes. 138. Levy; limitations. 139. Taxes paid in money. 140. Whole city shall compose school dis- trict. 141. School property held by board of education. 142. 'Sale of property. 143. Meetings of board. 144. Annual report. 145. Expenditures. 146. Sectarian doctrine. 147. School property exempt from taxa- tion. 148. Free dental inspection. 149. Employment of dentists; regulations. 150. Certificate of inspection. 151. Bonds. 152. Bond election; limitation. 153. Date, rate, time, and signature. 154. Annual levy for interest and sinking fund. 155. Use of sinking fund. 156. Payment of interest. 157. Security. 158. Registry of bonds. 159. Refunding of outstanding bonds. 160. Registration and signature. 161. Tax levy to pay interest and bonds. 162. Penalty for failure to levy tax for payment of coupons. 163. Use of money levied and collected under this act. 164. Bonds for outstanding warrants. 165. Denominations; payment. 166. Bonds to be sold at par; warrants delivered. 167. Tax for interest and sinking fund. 138. Cities of the First Class Defined. [9078] All cities of more than 15,000 inhabitants shall be governed by the pro- visions of this act. (Laws 1876, ch. 122, art. 10, sec. 1.) 129. Attachment of Adjacent Territory. [9114] Terri- tory outside the city limits of any city of the first class, but adjacent thereto, may be attached to such city for school pur- poses, upon the application being made to the board of educa- tion of such city by a majority of the electors of such adjacent territory; and upon the application being made to the board of education they shall, if they deem it proper and to the best interests of the school of said city and territory seeking to be attached, issue an order attaching such territory to such city for school purposes and to enter the same upon their journal, and such territory shall from the date of such order be and compose a part of such city for school purposes only, and the taxable property of such adjacent territory shall be subject to taxation and bear its full proportion of all expenses incurred . CITIES OF FIRST CLASS. 55 in the erection of school buildings and in maintaining the sc-iools of said city. Such territory shall be attached to the se r eral wards of such city contiguous thereto as shall be de- te -mined by the board of education of any such city, and when so attached shall remain parts of such for school purposes only. P< rsons residing upon such attached territory and possessing th3 qualifications of electors under the laws of the state of K insas shall be qualified to vote at an election held in any such ci y for school purposes only in any such ward of such city to w rich such territory shall be attached, and official ballots si all be printed for such attached territory to such wards as in o' her cases. (Laws 1911, ch. 93, sec. 1.) S 1 30. Powers of Board of Education. 18 [9108] The board o education shall have power to elect their own officers, make a 1 necessary rules for the government of the schools of such c ty under its charge and control and of the board, subject to tl .e provisions of this act and the laws of this state ; to organ- is e and maintain separate schools for the education of white aid colored children, including the high schools in Kansas City, Kan.; no discrimination on account of color shall be made in high schools, except as provided herein; to exercise t le sole control over the public schools and school property of sich city; and shall have the power to establish a high school or high schools in connection with manual training and in- s:ruction or otherwise, and to maintain the same as a part of tie public-school system of said city. (Laws 1905, ch. 414, sec. 1.) 131. Organization of Board; Bond and Oath of Clerk. ri hat section 9087 of the General Statutes of Kansas for 1915 is amended to read as follows: Sec. 9087. That the board of education in each city of the first class, at its regular meet- ing on the first Monday in August in each year, shall organize by the election of a president and vice president from its mem- bers, each of whom shall serve for one year and until his suc- cessor is elected and qualified ; and the board shall elect a clerk "or a term of one year who shall not be a member of said board, vvho shall receive for his services such compensation as the 3oard may allow. Before entering upon the discharge of his duties, the clerk of the board of education shall give bond in the sum of one thousand dollars, with good and sufficient sureties, to be approved by the board, and shall take and subscribe an oath or affirmation before a proper officer that he will support the constitution of the United States, the constitution of the state of Kansas, and faithfully perform the duties of his office. (Laws 1917, ch. 269, sec. 1.) 18. See sections 111-117 for the organization and election of boards education in cities of the first and second olass. 56 CITIES OF FIRST CLASS. [CH. 5 132. Duty of President. [9085] It shall be the duty of the president to preside at all meetings of the board of educa- tion, to appoint all committees whose appointment is not other- wise provided for, and to sign all warrants ordered by the board of education to be drawn upon the city treasurer for school moneys. (Laws 1876, ch. 122, art. 10, sec. 6.) 133. Duty of Vice President. [9086] It shall be the duty of the vice president to perform all the duties of the presi- dent, in case of his absence or disability. (Laws 1876, ch. 122, art. 10, sec. 7.) 134. Duty of Treasurer. [9088] The treasurer of the city shall be ex officio the treasurer of the board of education, and shall give bond to the board of education as the board may re- quire, said bond' to be approved by the board of education and filed with its clerk. It shall be the duty of the treasurer to de- posit daily all money belonging to the board of education in some responsible bank, to be designated by the board of educa- tion, in the name of such treasurer as such officer, which bank shall pay interest on monthly average balances as may be agreed upon by such bank and the board of education ; and be- fore making such deposits the board of education shall take from such bank a good and sufficient bond in a sum to be desig- nated by the board of education, conditioned that such deposit shall be promptly paid on the check or draft of such treasurer. The treasurer shall attend all of the meetings of the board when required to do so ; shall prepare and submit in writing a monthly report of the finances of said board; and shall pay school moneys only upon a warrant signed by the president, or in his absence by the vice-president, and countersigned by the clerk. . The treasurer shall receive from the board of educa- tion fifty dollars per annum for his services as treasurer, and no more ; provided, that boards of education in cities of the first class may, if they deem it proper, elect the treasurer of the board of education to serve during the pleasure of the board and receive such salary as they may determine. (Laws 1911, ch. 97, sec. 1.) 135. Members of Board Shall Not Receive Pay. [9089] No member of the board of education shall receive any pay or emolument for his services. (Laws 1876, ch. 122, art. 10, sec. 11.) 136. Vacancy in Examining Committee. [9090] The board of education shall have power to fill any vacancy which may occur in the examining committee. (Laws 1876, ch. 122, art. 10, sec. 13.) 137. Annual Levy of Taxes. [9079] That the board of education in cities of the first class shall, in the month of August of each year, levy a tax for the support of the schools of the city, including building and repair of school buildings, for the fiscal year commencing on the 1st day of July last pre- 'IES OF FIRST CLAS ceding the month of August in which levy shall be made, not exceeding in any one year twenty mills on the dollar on all personal, mixed and real property within said city which is taxable according to the laws of the state of Kansas, which levy the president and clerk of the board shall, on or before August 25, certify to the county clerk, who is hereby author- ized and require'd to place the same on the tax-roll of said county, to be collected by the treasurer of the county as are other taxes and paid over by him to the treasurer of the board of education, subject to the order of said board of edu- cation ; provided, that in all cities of the first class having a population of exceeding thirty-eight thousand inhabitants, the board of education of such city shall have power and is hereby authorized to levy a tax for the support of the schools of such city for such fiscal year of not to exceed seventeen mills on the dollar of all taxable property in such city, 19 and shall have power, in addition thereto, to levy a tax upon all the taxable property in such city of not exceeding three mills on the dol- lar of the assessed valuation for building purposes and repairs of school buildings in such city; and provided further, that each and all of the foregoing levies hereby authorized shall be exclusive of and in addition to the amount necessary to be levied under existing laws for the payment of interest upon bonds heretofore issued or which may be hereafter issued by boards of education of cities of the first class and for a sinking- fund for the redemption of such bonds, as provided by the laws under which such bonds have been or may be issued. (Laws 1907, ch. 330, sec. 1.) 138. Levy, Limitations. That section 11378 of the Gen- eral Statutes of Kansas for 1915 is hereby amended so as to read as follows: Sec. 11378. That the authority of boards of education in cities of the first class to levy taxes as provided in chapter 330, Laws of 1907, is hereby limited so that the board of education of any such city shall not fix a rate of levy for the respective purposes in excess of the following-named rates: For the support of the schools of the city the rate of levy shall not exceed 8 mills; for the purchase of sites and for the con- struction and repairing of school buildings the rate of levy shall not exceed 2 mills; provided, however, that in cities of the first class having an assessed valuation of more than sixty- four million ($64,000,000) dollars and a population of less than eighty thousand (80,000), the board of education shall not fix a rate of levy for the support of schools of such city to exceed the sum of six (6) mills; and for the purchase of sites, and for the construction and repair of school buildings a rate of levy not to exceed two (2) mills; provided further, that 19. See section 488 of this book for provisions for manual training in cities of the first class. 58 CITIES OF FIRST CLASS. [CH.5 in cities of the first class having an assessed valuation of more than sixty-five million ($65,000,000) dollars and a population of more than eighty thousand (80,000) the board of education shall not fix a rate of levy for the support of schools of such city to exceed the sum of six (6) mills; and for the purchase of sites, and for the construction and repair of school build- ings a rate of levy not to exceed one (1) mill; provided, this act shall not apply to cities having a population of fifty-three thousand (53,000) or more, and having an assessed valuation of sixty-five million ($65,000,000) dollars. (Laws 1917, ch. 324, sec. 1.) 139. Taxes Paid in Money. [9091] All taxes collected lor the benefit of the public schools shall be paid in money, and shall be placed in the hands of the city treasurer, subject to the order of the board of education. (Laws 1876, ch. 122, art. 10, sec. 15.) 140. Whole City Shall Compose School District. [9092] The whole city shall compose a school district for all purposes of taxation, but may be subdivided by the board of education into as many districts as they may think proper. (Laws 1876, ch. 122, art. 10, sec. 16.) 141. School Property Held by Board of Education. [9093] The title of all property held for the use or benefit of the public schools shall be vested in the board of education, and held by them in trust for the city ; and the board of education may sue in its own name for all money due or to become due to the board or the school fund, and for any trespass upon, injury to or concession of any of the school property of said city, for the benefit of the school fund of such city. (Laws 1876, ch. 122, art. 10, sec. 17.) 142. Sale of Property. [9094] No school property of any kind shall be sold or conveyed by the board of education, except at a regular meeting of the same, and not then without an affirmative recorded vote of at least two-thirds of all the members of said board. (Laws 1876, ch. 122, art. 10, sec. 18.) 143. Meetings of the Board. [9095] The regular meet- ings of the board of education shall be upon the first Monday in each month, but special meetings may be held from time to time, as circumstances may demand. (Laws 1876, ch. 122, art. 10, sec. 19.) 144. Annual Report. [9096] The board of education at the close of each school year, or as soon thereafter as prac- ticable, shall make an annual report of the progress, pros perity, and condition, financial as well as educational, of. all the schools under their charge; and said report, or such por tion of it as the board of education shall consider of advantage to the public, shall be printed either in a public newspaper 01 in pamphlet form. (Laws 1876, ch. 122, art. 10, sec. 20.) OH. 5] 'CITIES OF FIRST CLASS. 59 , 145. Expenditures. [9097] No expenditures involving an amount greater than $200 shall be voted, except in accord- ance with the provisions of a written contract. (Laws 1876, ch. 122, art. 10, sec. 21.) S 1 4(>. Sectarian Doctrine. [9098] No sectarian or religi- ous doctrine shall be taught or inculcated in any of the public schools of the city; but nothing in this section shall be con- strued to prohibit the reading of the Holy Scriptures. (Laws 1876, ch. 122, art. 10, sec. 22.) 147. School Property Exempt from Taxation. [9103] All property held by the board of education for the use of public schools shall be exempt from taxation, and shall not be taken in any manner for any debt due from the city. (Laws 1876, ch. 122, art. 10, sec. 23.) 148. Free Dental Inspection. [9099] All cities now hav- ing, or which may hereafter attain, a population of forty thou- sand people may provide free dental inspection for all children attending public schools therein. (Laws 1915, ch. 308, sec. 1.) 149. Employment of Dentists; Regulations. [9100] The board of education or body controlling the public schools in said cities may establish such place or places of inspection as may be necessary ; designate such competent and licensed den- tist or dentists who shall make such inspections and fix and provide compensation for him or their services therefor, and for any and all dental work required or by them deemed neces- sary to be done under and by virtue of such inspection and make any and all rules by said board deemed necessary and proper to regulate such inspection and carry the same into effect; and may prescribe and cause to be prepared all forms and blanks necessary in the details of said inspection. (Laws 1915, ch. 308, sec. 2.) 150. Certificate of Inspection. [9102] A certificate of the result of such inspection over the signature of the party making such inspection shall be furnished to each child with- out cost at the time of such inspection, and a duplicate thereof filed with the clerk of said board of education; provided how- ever, that before any dental work shall be done said certificate of inspection so delivered to each child shall be returned with the consent of the parent or guardian of said child indorsed thereon. (Laws 1915, ch. 308, sec. 3.) 151. Bonds. [9080] Whenever it shall be necessary to raise funds to purchase a school site or sites, to furnish, to repair, to make additions, or to build a school building, it shall be the duty of the board to prepare an estimate of the costs of such site or sites, repairs, additions, or buildings, together with the cost of furnishing the same, with estimates, shall be spread upon the records of the board, when adopted by a recorded yea- and-nay vote of two-thirds of all the members of the board at a "^" and-ni 60 CITIES OF FIRST CLASS. [CH. 5 regular meeting; and in every case the board shall complete said repairs, additions, or buildings, together with the furnish- ing of the same and the purchase of such site or sites, within the estimated costs thereof; and in no case shall any board create a deficiency or outstanding obligations in the purchase of such site or sites, the making of such repairs, or the erection of additions or buildings. And every member of a school board who shall be a party to creating a deficiency or outstanding obligations within the meaning of this section shall be deemed guilty of a misdemeanor, and shall on conviction be punished by removal from office and a fine of not less than $100, and shall be personally liable for damages in any action, which it shall be the duty of the city attorney of such city of the first class to prosecute, brought in the name of such school district, for the amount of such deficiency or outstanding obligations, which money when so collected shall be used to liquidate such deficiency or outstanding obligations; provided, that any va- cancy created in any school board under the operation of this section shall be filled as provided in section 2 of this act. 20 (Laws 1891, ch. 196, sec. 3.) 152. Bond Elections, Limitation. That section 9081 of the General Statutes of Kansas for 1915 is hereby amended so as to read as follows : Sec. 9081. That it shall be the duty of the mayor of such city of the first class within thirty days after receiving a certified copy of the action of the board of education, showing a necessity and giving a statement of the estimated cost of such school sites, repairs, additions, building or buildings, signed by the clerk and countersigned by the president of the board, to issue a proclamation for holding an election to vote bonds to the amount prayed for by the board ; and no bonds shall be issued unless a majority of the qualified electors of the city school district voting at such election shall vote therefor ; nor shall the entire amount of such school bonds issued exceed in the aggregate, including existing indebted- ness, two and one-half per cent of the valuation of taxable property of such city as ascertained by the last assessment for state and county purposes previous to incurring the proposed indebtedness. Any member of a board of education, or officer thereof, who shall vote for, counsel, consent to or in any wise assist in the issue of any bond or bonds in excess of the per centum herein authorized shall be liable jointly and severally to the holder of any such bonds for the amount due thereon, to be recovered in a civil action in any court of competent jurisdiction; and judgments thereon may be collected and en- forced in the same manner as other judgments are collected and enforced; provided, this act shall not apply to cities hav- ing a population of 53,000 or more, and having an assessed valuation of $65,000,000. (Laws 1917, ch. 268, sec. 1.) 20. Laws 1891, ch. 196, sec. 2. FIRST 153. Date, Rate, Time, and Signature. [9082] The bonds, the issuance of which is provided for in this act, may, at the option of the board, be installment bonds. All bonds shall be dated on the day they are issued, shall bear interest at a rate not exceeding six per centum per annum, payable semiannually on January first and July first, and shall be pay- able in not more than thirty years. They shall be signed by the president and secretary, attested with the seal of the board. The coupons, if any be attached, shall be signed by the presi- dent of the board, and each bond so issued shall not be for a sum less than fifty dollars. (Laws 1891, ch. 196, sec. 5.) g 1 .14. Annual Levy for Interest and Sinking-fund. [9083] The board of education in its annual estimate, as provided for in section 2 of this act, 21 shall include an amount sufficient to pay the interest as it accrues on all outstanding bonds issued by the board, and also to create a sinking-fund for the redemp- tion of said bonds, and shall levy and cause the same to be col- lected as provided for in said section, in addition to the levy authorized by said section for school purposes ; and such money shall remain a specific fund for said purposes only, and shall not be appropriated to any other purpose. (Laws 1891, ch. 196, sec. 6.) g 1.1.1. Use of Sinking-fund. [9104] The moneys levied and collected for creating a sinking-fund for the redemption of the principal of the bonds issued by the board of education shall be used and employed or invested as follows: (1) After retaining an amount sufficient to pay the principal of any bonds maturing during the year, the board shall, with the sur- plus of such sinking-fund, when the same shall be $1000 or more, purchase any of the outstanding bonds issued by the board. Such purchase shall be made at the lowest price such bonds can be purchased at, but at not more than par value of such bonds; and whenever there shall be a surplus of such sinking-fund amounting to the sum of $1000, the board shall purchase therewith like bonds, on the same terms and condi- tions hereinbefore specified. (2) If for any reason such bonds can not be purchased as hereinbefore specified, such sinking- fund shall be invested by the treasurer, under the direction of the board of education, at such times as the board shall direct, in the interest-bearing bonds of the United States or the state of Kansas, which shall be purchased at the lowest market price. Interest accruing upon such bonds shall be invested in the same manner and for the same purpose as sinking-fund. Such bonds shall be held by the treasurer until the principal of the bonds issued by the board of education shall become due, and shall then be sold at the highest market price, and the proceeds applied to the payment of the bonds; provided, that if at any time the board shall deem it best, it shall be lawful for such 21. Section 137 of this book. 62 CITIES OF FIRST CLASS. [CH. board to sell such bonds for the purpose of purchasing the bonds issued by such board; but all such sales shall be at the highest market price, and the bonds of the board purchased with the proceeds of such sale shall be purchased at the lowest price they can be obtained for, and not above the par value of such bonds ; provided, that no bond issued by the board of edu- cation shall be purchased by said board that has not been out- standing five years ; and provided further, that the bonds first maturing shall be first purchased, if they can be purchased on terms as favorable to the board as any others offered for sale to the said board. All bonds of the said board purchased under the authority hereby given, or paid by the board, shall be forth- with canceled and destroyed, and the clerk shall enter on the bond register of the said board, on the margin of the record of said bonds, the date when the same were purchased and the price paid ; and thereafter no interest or sinking-fund shall be levied or collected for or on account of said bonds so canceled. Such sinking-fund shall never be used nor appropriated in any other manner whatever. (Laws 1876, ch. 122, art. 10, sec. 27.) 156. Payment of Interest. [9105] Whenever the in- terest of the above-mentioned bonds shall become due, the same shall be paid by the treasurer. (Laws 1876, ch. 122, art. 10, sec. 28.) 157. Security. [9106] The credit of the school fund of the city is hereby pledged to the payment of the interest and principal of the bonds mentioned in this article, as the same may become due. (Laws 1876, ch. 122, art. 10, sec. 29.) 158. Registry of Bonds. [9107] It shall be the duty of the clerk of the board of education to register, in a book pro- vided for that purpose, the bonds issued under this act, which said registry shall show the number, date and amount, and to whom is made payable, each of said bonds. (Laws 1876, ch. 122, art. 10, sec. 30.) 159. Refunding of Outstanding Bonds. [9109] The board of education of any city of the first class is hereby au- thorized and empowered to refund any and all outstanding bonds heretofore issued by order of said board by issuing new bonds to the holder of such outstanding bonds ; provided, that such new bonds shall not be for greater amount than the par value of the bonds refunded. Such refunding bonds shall severally be of such amount as said board shall direct, and shall state for what purpose issued, and be payable to the per- son to whom issued or bearer within twenty years after date, and shall bear interest at the rate not exceeding five per cent per annum, payable semiannually, on January 1 and July 1, as evidenced by coupons attached. All bonds refunded under the provisions of this act shall be noted as surrendered and can- celed on the registry of the said board and the same shall be destroyed in the presence of said board. (Laws 1903, ch. 70, sec. 1.) ; CH. 5] CITIES OF FIRST CLASS. 63 100. Registration and Signature. [9110] The bonds hereby authorized shall be numbered, and shall be registered in the book kept by said board for the registry of its bonds ; and said bonds shall be signed by the president and clerk of said board, attested with the seal of said board by the clerk, and countersigned by the treasurer of said city. (Laws 1879, ch. 81, sec. 4.) 161. Tax Levy to Pay Interest and Bonds. [9111] The board of education, and any and all boards, body, or officers, by law authorized to levy and collect taxes in and for said city for the support of schools therein, shall, at the same time and in the same manner as the other taxes for school purposes are levied and collected, and in each and every year until said bonds and interest are fully paid, as hereinbefore provided, levy or cause to be levied upon all the property within the said city subject to taxation for school purposes a tax or taxes sufficient in amount to pay and discharge two of the coupons of each of the bonds issued under the provisions of this act, and then outstanding, and cause the same to be collected in the same manner as other school taxes are collected, and with the money so collected pay and discharge the coupons for which said tax or taxes were levied. And it shall be the duty of the clerk of the said board to forthwith, on the payment of any such coupons, note their payment upon the registry of said bonds, and present the same to the board, and in their presence cancel the same in such manner as the board shall direct ; and said coupons shall be carefully preserved until the final payment of said bonds, and then destroyed; and the possession of such coupons by the board shall be conclusive evidence of their payment. And the said board shall issue no bonds thereafter, except the refunding bonds provided for by this act. (Laws 1879, ch. 81, sec. 5.) $ 162. Penalty for Failure to Levy Tax for Payment of Coupons. [9112] If said board of education, or other board, body, or officer, whose duty it shall be to levy taxes for the payment of the coupons of the said bonds, as herein provided, shall neglect or refuse to levy the -tax or taxes for the pay- ment of the coupons as by this act required, each member of such board or body, and each officer, who shall vote against or otherwise oppose the levy and collection of such tax or taxes, or shall do any act to prevent or delay such levy and collection, shall be liable, jointly and severally, to each and every holder of such bonds, or coupons of said bonds, which would have been payable from such taxes if the same had been levied, for the whole amount unpaid on such coupons ; and the same may be recovered in a civil action in any court of competent juris- diction, and judgment rendered thereon may be collected and enforced in the same manner as other judgments are collected and enforced; and any such officer so neglecting or refusing and ei 64 CITIES OF FIRST CLASS. [CH. 5 to levy such tax shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in an amount equal to the amount which it may be shown should have been so levied during such year, or imprisoned in the county jail for a term not less than three nor more than twelve months. (Laws 1879, ch. 81, sec. 6.) . 163. Use of Money Levied and Collected under this Act. [9113] Moneys levied and collected and received under and pursuant to this act shall not be used or employed for any other purpose than the payment of coupons of the bonds by this act authorized ; and any member of said board, or officer, who shall cause such money so collected to be used for any other purpose, temporary or otherwise, whatever, or counsel or consent to the same being so used, shall be liable jointly and severally to the holder of any such bonds or coupons for any coupons due, to be recovered and collected as in section 6 hereof specified. 22 (Laws 1879, ch. 81, sec. 7.) 164. Bonds for Outstanding Warrants. [654] The board of education of any city of the first class having a population of less than 16,000 is hereby authorized to issue bonds of such board of education, in an amount not to exceed the total amount due on warrants of said board of education outstand- ing at the time this law takes effect, including accrued inter- est thereon. The proceeds of said bonds shall be used for the payment of the amount due on such outstanding w r arrants, in- cluding interest, and for no other purpose whatsoever. (Laws 1915, ch. 310, sec. 1.) 165. Denominations; Payment. [655] Said bonds shall be issued in denominations of not less than one hundred dol- lars, and shall be payable not more than twenty years from the date thereof, and shall bear interest at a rate not to exceed five per cent per annum, payable semiannually, for which in- terest coupons shall be attached to said bonds. The board of education issuing said bonds shall by resolution determine the time or times when said bonds shall be payable and the de- nomination or denominations thereof. The bonds shall be signed by the president and the clerk of the board of education issuing the same, and the coupons shall be signed in the same way, or have printed or engraved thereon a facsimile of said signature. (Laws 1915, ch. 310, sec. 2.) 166. Bonds to be Sold at Par; Warrants Delivered. [656] Said bonds shall be sold under the direction of the board of education issuing the same, for not less than their par value, and no commission shall be allowed for the same. No bonds shall be delivered to any purchaser unless the board of educa- tion issuing the same shall receive at the time of the delivery thereof the outstanding warrants which are paid by the pro- ceeds of the said bonds. (Laws 1915, ch. 310, sec. 3.) 22. Section 162 of this book. ,, CITIES OF SECOND CLASS. 65 jj H>7. Tax for Interest and Sinking Fund. [657] Each j oard of education issuing under the provisions of this act shall ach year levy a tax not exceeding two mills on the taxable : roperty of said city and the territory attached thereto for chool purposes sufficient to pay the interest accruing thereon , nd provide a sinking fund for the payment of the principal of aid bonds as it may deem proper from said tax. . (Laws 1915, h. 310, sec. 4.) ARTICLE IV. Cities of the Second Class. 168. Cities of the second class defined. 169. Free schools. l.iacent territory. 171. Vote of residents in territory at- tached. se of school elections. 173. City of third class changed to sec- ond class. 174. County superintendent may detach territory. 175. Organization. 176. Body corporate. 177. Conveyance of property. 178. Conveyance, how executed. 179. Powers of the board. ^ 180. Duty of the president. 181. Duty of the vice president. !'.ond of clerk. 183. Election of treasurer of the board. 184. Duty of treasurer. :mual school tax. 186. Limitation of levy; indebtedness. I 187. Limitation of levy in certain cities. 188. Oath of office. 189. Taxable property. 190. Meetings of the board. 191. Annual report. 192. Expenditures and contracts. 193. Sectarian doctrine. 194. Bonds; election, limitation. 195. Limit of bonds in certain cities. 196. Bond election. 197. Execution of bonds. 198. Annual levy for interest and sinking fund. 199. Investment of sinking fund. 200. Payment of interest. 201. Security. 202. Registry of bonds. 203. Levy for buildings. 204. Payment by warrants or bonds. 205. Expenditure for additional school grounds. 206. Validity of official acts. S 168. Cities of the Second Class Denned. [9127] All cities now organized and acting as cities of the second class, by virtue of the authority of former acts, and all cities here- after attaining a population over 2000 and not exceeding 15,000 inhabitants, shall be governed by the provisions of this act; and whenever any city shall have hereafter attained a popula- tion exceeding 2000 inhabitants, and such fact shall have been duly ascertained and certified by the proper authorities of such city to the governor, he shall declare, by public proclamation, such city subject to the provisions of this act. The mayor and council of such city shall, at the time of making the certificate herein provided for, make out and transmit to the governor an accurate description by metes and bounds of all the lands included within the limits of such city, and the additions thereto, if any. (Laws 1876, ch. 122, art. 11, sec. 1.) S HH). Free Schools. [9128] In each city governed by this act there shall be established and maintained a system of free common schools, which shall be kept open not less than three nor more than ten months in any one year, and shall be free to all children residing in such city between the ages of five and twenty-one years. But the board of education may, where school-room accommodations are insufficient, exclude for the time being children between the ages of five and seven years. (Laws 1876, ch. 122, art. 11, sec. 2.) 5 Sch. Laws. 66 CITIES OF SECOND CLASS. [CH. 5 170. Adjacent Territory. [9129] Territory outside the city limits, but adjacent thereto, may be attached to such city for school purposes, upon application to the board of edu- cation of such city by a majority of the electors of such ad- jacent territory, and upon the application being made to the board of education they shall, if they deem it proper, and to the best interests of the schools of said city and territory seek- ing to be attached, issue an order attaching such territory to such city for school purposes, and to enter the same upon their journal; 23 and such territory shall from the date of such order be and compose a part of such city for school purposes only, and the taxable property of such adjacent territory shall be subject to taxation, and shall bear its full proportion of all expenses incurred in the erection of school buildings and in maintaining the schools of the city. Whenever the territory so attached shall have attained a population equal to one-half that of any ward of such city, or whenever the taxable prop- erty of such attached territory shall be equal to one-half that of any one ward of such city, such attached territory shall be entitled to elect two members of the board of education, which said members shall be elected at the same time and in the same manner as other members of such board. The mayor and council and city clerk of such city shall provide for elec- tions in said detached territory, and shall canvass the returns thereof in the same way as is required by law in respect to a ward of such city; provided, that the board of education shall pay all the expenses of such election. But until such attached territory shall be declared to have attained a population or taxable property equal to one-half that of any one ward of such city, such territory shall be attached to the several wards of such city contiguous thereto as shall be determined by the board of education of any such city, and when so attached shall remain parts of such city for school purposes only. Any persons residing upon such attached territory, possessing the qualifications of electors, as provided in section 5585 of the General Statutes of 1889, shall be qualified to vote at any elec- tion held in any such city for school purposes only, in any such ward of such city to which such territory shall be attached, and official ballots shall be printed for such attached territory to such wards as in other cases. (Laws 1903, ch. 234, sec. 1.) 171. Vote of Residents in Territory Attached. [9130] At all elections, or primary elections, held in any city of the second class for the election or nomination of members of the board of education or other officers, or for any other purpose, all persons entitled to vote, residing in the territory attached to such city for school purposes and outside the limits of the 23. School districts may be attached to cities of the second class in accordance with this section. See also section 311 of this book. I ( H. 5] CITIES OF SECOND CLASS. . 67 i ity, shall vote at a place within the city to be designated by i lie mayor of such city at the same time and in the same man- i er as places of election in the several wards and precincts , re designated, and said place of election shall be equipped and urnished as provided by the general election laws. (Laws 915, ch. 307, sec. 1.) 172. Expense of School Elections. [9131] The expense < f all elections held for school purposes in cities of the second lass shall be paid by the board of education of such city, ex- ept that when an election is held for both city and school >urposes at the same time then the expense shall be paid in jqual parts by the city and board of education. (Laws 1915, h. 307, sec. 2.) 173. City of Third Class Changed to Second Class. [9165] That whenever any city of the third class shall become a city )f the second class, the territory of the school district wherein ^uch city is situated shall be and remain attached to such city for school purposes, unless detached by the county superin- tendent of public instruction, as provided in section 12 of chapter 152 of the Laws of 1881. All the property in such territory shall be subject to like taxation for school purposes as the property in said city. Whenever the population or tax- able property of such territory outside of the limits of such city shall equal the population or taxable property of any ward of such city, such territory shall be entitled to elect two mem- bers of the board of education of such city, which said mem- bers shall be elected at the same time and in like manner as other members of such board. (Laws 1887, ch. 218, sec. 1.) 174. County Superintendents May Detach Territory. [8937] That the county superintendents of public instruction of the several counties of the state of Kansas are hereby au- thorized and empowered to detach territory from the school territory of cities of the second class, if said territory sought to be detached is outside the corporate limits of said city of the second class, notwithstanding the fact that said territory forming said school district may have been formed into a school district while said city of the second class was a city of the third class ; provided, the interests of the public schools of the county may warrant such action; provided, that no terri- tory shall be detached unless a majority of the citizens living in such territory shall consent in writing to the same. (Laws of 1891, ch. 88, sec. 1.) S 17.1. Organization. [9071] That the board of educa- tion in cities of the second class, at the regular meeting at the time provided by law in each year, shall organize by the election of a president and vice president from its members, each of whom shall serve for one year, and until his successor is elected and qualified ; and the board shall elect a clerk for a 68 CITIES OF SECOND CLASS. [CH.5 term of one year, who may or may not be a member of said board, and shall receive for his services such compensation as the board may allow. (Laws 1913, ch. 269, sec. 1.) 176. Body Corporate. [9132] The public schools of each city organized in pursuance of this act shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of "The board of education of the city of , of the state of Kansas" ; and in that name may sue or be sued, and be capable of contracting and being contracted with, of holding and conveying such real and personal estate as it may come into possession of, by will or otherwise, or as is authorized to be purchased by the pro- visions of this act. (Laws 1876, ch. 122, art. 11, sec. 4.) 177. Conveyance of Property. [9133] Any city of the second class is hereby authorized and required, upon the re- quest of the board of education of such city, to convey to said board of education all property within the limits of any such city heretofore purchased by any such city for school purposes, and now held and used for such purposes, the title to which is vested in any such city. (Laws 1876, ch. 122, art. 11, sec. 5.) 178. How Executed. [9134] All conveyances for the property mentioned in the preceding section [177] shall be signed by the mayor and attested by the clerk of said city, and shall have the seal of the city affixed thereto, and be acknowl- edged by the mayor of such city in the same manner as other conveyances of real estate. (Laws 1876, ch. 122, art. 11, sec. 6.) 179. Powers of the Board. [9136] The board of educa- tion shall have power to elect their own officers, except the treasurer; to make their own rules and regulations, subject to the provisions of this article; to organize and maintain a system of graded schools ; to establish a high school whenever in their opinion the educational interests of the city demand ; 24 and to exercise the sole control over the schools and school property of the city ; 25 and maintain such high school, in whole or in part, by demanding, collecting and receiving a tuition fee for and from each and every scholar or pupil attending such high school. 20 (Laws 1889, ch. 224, sec. 1.) NOTE. See sections 111-117 for the election and organization of boards of education in cities of the second class. 180. Duty of the President. [9137] It shall be the duty of the president to preside at all the meetings of the board of 24. For provisions for manual training in schools in cities of the second class see section 488 of this book. 25. See sections 120 and 309 of this book for power to condemn school- house sites. 26. It is unconstitutional to collect tuition from pupils of the school district as provided in section 179. (See Board of Education v. Dick, 70 Kan. 434.) ( H. 5] CITIES OF SECOND CLASS. 69 ducation, to appoint all committees whose appointment is ] ot otherwise provided for, and to sign all warrants ordered 1 y the board of education to be drawn upon the treasurer for . chool moneys. (Laws 1876, ch. 122, art. 11, sec. 11.) 181. Duty of the Vice President. [9138] It shall be the < .uty of the vice president to perform all the duties of the presi- lent in case of his absence or disability. (Laws 1876, ch. 122, irt. 11, sec. 12.) 182. Bond of Clerk. [9139] Before entering upon the lischarge of his duties, the clerk of the board of education shall give' bond in the sum of $1000, with good and sufficient sureties, to be approved by the board, conditioned for the faithful performance of the duties of his office. (Laws 1876, ch. 122, art. 11, sec. 14.) 183. Election of Treasurer of the Board. [1684] There shall be elected, on the first Tuesday of April of each odd- numbered year, a mayor, police judge, city treasurer, and treasurer of the board of education, together with councilmen and members of the board of education, as hereinafter pro- vided. The mayor shall appoint, by and with the consent of the council, a city marshal, city clerk, city attorney, city assessor, and may appoint an assistant marshal, city engineer, street commissioner, and such policemen and other officers as they may deem necessary. Officers so appointed and confirmed shall hold their offices for a term of one year and until their suc- cessors are appointed and qualified ; the council shall by ordi- nance specify their duties and compensation, and by ordi- nance abolish any office created by them whenever they may deem it expedient. The mayor, councilmen, members of the board of education, city treasurer, police judge and treasurer of the board of education shall hold their offices for a term of two years, and all other officers for a term of one year; pro- vided, at the first annual election after the organization of any city there shall be two councilmen and two members of the board of education elected from each ward one of whom shall serve for one year and one for two years and one councilman and one member of the board of education shall be elected from each ward at each annual election thereafter; provided, that no member of the board of education shall be a member of the council, nor shall any member of the council be a member of the board of education; provided further, that any person elected to the office of justice of the peace may also be elected to and hold the office of police judge; and provided further, that in cities having a population of over 10,000 inhabitants the board of education shall consist of six members only, two of whom shall be elected in such cities on the first Tuesday of April of each year. There shall be elected in such cities, on the first Tuesday of April, 1885, six members of the board of education, two of whom shall serve for one year, two for two educati 70 CITIES OF SECOND CLASS. [CH. 5 years, and two for three years, and at the annual election every year thereafter two members of the board of education shall be elected for the term of three years. (Laws 1907, *ch. 125, sec. 1.) NOTE. The provision of section 183 relating to the election of mem- bers of the board of education was repealed by chapter 267, Laws of 1911. (Sections 111 to 113 of this book.) 184. Duties of Treasurer. [9140] The treasurer shall prepare and submit in writing a monthly report of the state of the finances of the district; and shall, when required, pro- duce at any meeting of the board, or any committee appointed for the purpose of examining his accounts, all books and papers pertaining to his office ; he shall pay moneys only upon a war- rant signed by the president, or in his absence by the vice president, and countersigned by the clerk; and shall execute a bond in such sum as the board may require, with sufficient sureties, to be approved by the board, conditioned for the faithful discharge of his duties of treasurer to such board. (Laws 1876, ch. 122, art. 11, sec. 15.) 185. Annual School Tax. [9141] That the board of education in cities of the second class shall, on or before the 15th day of July of each year, levy a tax for the support of the schools of the city for the fiscal year next ensuing, not ex- ceeding in any one year twenty mills 27 on the dollar on all per- sonal, mixed and real property within the district which is taxable according to the laws of the state of Kansas, which levy the clerk of the board shall on or before August 1 certify to the county clerk, who is hereby authorized and required to place the same on the tax-roll of said county, to be collected by the treasurer of the county as are other taxes, and paid over by him to the treasurer of the board of education, of whom he shall take a receipt in duplicate, one of which he shall file in his office and the other he shall forthwith transmit to the clerk of the board of education. (Laws 1905, ch. 399, sec. 1.) 186. Limitation of Levy; Indebtedness. That section 11379 of the General Statutes of Kansas for 1915 is amended so as to read as follows: Sec. 11379. That the authority of boards of education in cities of the second class to levy taxes as provided in section 399, Laws of 1905, is hereby limited so that the board of education of any such city shall not fix a rate of levy for the respective purposes in excess of the following named rates : For the support of the schools of the city the rate of levy shall not exceed 8 mills ; for the purchase of sites and for the construction and repairing of school buildings the rate of levy shall not exceed 2 mills ; provided, that in cities of the second class in which the schools have a floating indebtedness 27. Limited to 8 mills by Laws 1917, ch. 326, sec. 1. (section 186 of this book). (See, also, section 187 of this book.) C I. 5] , CITIES OF SECOND CLASS. 01 $10,000, or more, the board of education may in addition to si id levy for the support of said schools and for building pur- pi >ses and repairs of school buildings, levy not in excess of 6 n ills for the payment of said indebtedness until said indebted- ness is paid. (Laws 1917, ch. 326, sec. 1.) S 187. Limitation of Levy in Certain Cities. [11380] The a ithority of boards of education in cities of the second class h iving an assessed valuation of less than one million dollars to 1< yy taxes as provided in section 7608 of the General Statutes c> : 1909 is hereby limited so that the board of education of any s jch city shall not fix a rate of levy for the support of the s :hools of the city in excess of nine mills. (Laws 1911, ch. 265, S3C. 1.) 188. Taxable Property. [9142] The taxable property ( f the whole city, including the territory attached for school ] urposes, shall be subject to taxation. All taxes collected for 1 he benefit of the schools shall be paid in money, and shall be ;>laced in the hands of the treasurer, subject to the order of he board of education. (Laws 1876, ch. 122, art. 11, sec. 19.) 189. Oath of Office. [9155] Each member of the board >f education and officer provided for in this article shall ake and subscribe an oath or affirmation to support the con- stitution of the United States, the constitution of the state of Kansas, and faithfully perform the duties of his office. The )ath and bond of the clerk shall be filed with the treasurer. All Dther oaths and bonds shall be filed with the clerk. (Laws 1876, ch. 122, art. 11, sec. 32.) 190. Meetings of Board. [9143] The regular meetings of the board of education shall be upon the first Monday of each month, but special meetings may be held from time to time, as circumstances may demand. (Laws 1876, ch. 122, art. 11, sec. 20.) 191. Annual Report. [9144] The board of education, at the close of each school year or as soon thereafter as prac- ticable, shall make an annual report of the progress, prosper- ity, and condition, financial as well as educational, of all the schools under their charge ; and said report, or such portion of it as the board of education shall consider of advantage to the public, shall be printed either in a public newspaper or in pamphlet form. (Laws 1876, ch. 122, art. 11, sec. 21.) 192. Expenditures and Contracts. [9145] No expendi- tures involving an amount greater than $200 shall be made except in accordance with the provisions of a written contract, and no contract involving an expenditure of more than $500 for the purpose of erecting any public buildings or making any improvements shall be made except upon sealed proposals, and to the lowest responsible bidder. (Laws 1876, ch. 122, art. 11, sec. 22.) II 72 CITIES OF SECOND CLASS. [CH. 5 193. Sectarian Doctrine. [9146] No sectarian doctrine shall be taught or inculcated in any of the public schools of the city; but the Holy Scriptures, without note or comment, may be used therein. (Laws 1876, ch. 122, art. 11, sec. 23.) 194. Bonds, Election, Limitation. That section 9147 of the General Statutes of Kansas for 1915 is hereby amended so as to read as follows: Sec. 9147. That whenever it shall be- come necessary for the board of education of any city of the second class to provide funds for the purchase of a school site or sites, or to erect a suitable building or buildings thereon, or to fund any bonded indebtedness or any floating indebtedness which may at the present exist in the public schools of said cities of the second class, it shall be lawful for the board of education of any such city of the second class, to borrow money, for such purposes; and for such purpose or purposes the said board of education is hereby authorized and empow- ered to issue bonds bearing a rate of interest not exceeding five per cent per annum, payable annually or semiannually at such time and place as may be mentioned on the face of the bonds, which shall be payable in not more than twenty years from their date, and the board of education is hereby author- ized and empowered to sell such bonds at not less than their par value ; provided, that no such bonds except refunding bonds shall be issued until the question of issuing the same shall be submitted to a vote of the people, and a majority of the quali- fied electors who shall vote on the question at any election called for that purpose shall have declared by their votes in favor of issuing bonds ; provided further, that the total indebt- edness of the said board of education shall not thereby be in- creased to an amount exceeding two and one-half per cent of the authorized valuation of the territory within the jurisdic- tion of said board of education; provided further, that the boards of education of cities of the second class may issue bonds at any time without such election to pay outstanding warrants or floating indebtedness which may exist at the pas- sage of this act ; and such boards of education may issue at any time a bond for a sum not greater than ten hundred dollars to raise money to pay for needful repairs on school buildings or heating plants for the public school buildings, if the state school superintendent shall approve in writing such issue of bonds for floating indebtedness and for the purposes in the above proviso; provided, it shall not at any time exceed an aggregate amount of the sum of five thousand dollars; pro- vided further, that the right granted herein to boards of edu- cation to issue bonds without such election shall not be con- strued to authorize an issue of bonds which, with those of the same kind already outstanding, shall exceed one-half of one per cent of the assessment for taxation, as shown by the last finding and determination of the proper board of education. (Laws 1917, ch. 272, sec. 1.) I I C H. 5] CITIES OF SECOND CLASS. 195. Limit of Bonds in Certain Cities. [8860] That any s hool district within whose limits is located a city of the sec- id class with a population of not less than 2000 nor more than 2 500 and that has an assessed valuation of not less than $2,- (> )0,000 nor more than $2,500,000, and that has a school popu- 1 ition of not less than 725 nor more than 800, and has in its 1 -easury a sum of not less than $3000, and the board of edu- ( ation for said district shall by vote request the mayor of i- aid city to submit to the qualified electors of said district the < uestion of voting bonds for 2 Vk per cent of the total valuation 'or the erection of school buildings, said proposition shall be s ubmitted to the electors of said district in the manner pro- ided by law, and if a majority of the electors of said district 'oting on said proposition shall vote for said bond issue, the >oard of education of said district shall issue bonds of the dis- rict in the manner provided by law, in an amount not in excess >f 21/2 per cent of the total taxable valuation of said district ? or the purpose of building and equipping school buildings vvithin said district. (Laws 1915, ch. 306, sec. 1.) 196. Bond Election. [9148] It shall be the duty of the mayor of each city governed by this act, upon the request of the board of education, forthwith to call an election, to be conducted in all respects as are the elections for city officers in the same cities, except that the returns shall be made to the board of education, for the purpose of taking the sense of such district upon the question of issuing such bonds, naming in the proclamation of such election the amount of bonds asked for, and the purpose for which they are to be issued. (Laws 1876, ch. 122, art. 11, sec. 25.) 197. Execution of Bonds. [9149] The bonds, the issu- ance of which is provided for in the foregoing section, 28 shall be signed by the president, attested by the clerk and countersigned by the treasurer of the board of education ; and said bonds shall specify the rate of interest and the time when principal and interest shall be paid, and each bond so issued shall be for a sum not less than fifty dollars. (Laws 1876, ch. 122, art. 11, sec. 26.) 198. Annual Levy for Interest and Sinking-fund. [9150] The board of education, at the time of its annual levy of taxes for the support of schools as hereinbefore provided, shall also levy a sufficient amount to pay the interest as the same ac- crues on all bonds issued under the provisions of this article, and also to create a sinking-fund for the redemption of said bonds, which it shall levy and collect, in addition to the rate per cent authorized by the provisions aforesaid for school pur- poses ; and said amount of funds, when paid into the treasury, shall be and remain a specific fund for said purpose only, and 28. Section 196 of this book. 74 CITIES OF SECOND CLASS. [CH. 5 shall not be appropriated in any other way except as here- inafter provided. (Laws 1876, ch. 122, art. 11, sec. 27.) 199. Investment of Sinking-fund. [9151] All moneys raised for the purpose of creating a sinking-fund for the final redemption of all bonds issued under this article shall be in- vested annually by the board of education in the bonds of the state ef Kansas, or of the United States, or the board may buy and cancel the bonds of the district whenever such may be pur- chased at or below par. (Laws 1876, ch. 122, art. 11, sec^28.) 200. Payment of Interest. [9152] Whenever the in- terest coupons of the bond hereinbefore authorized shall be- come due, they shall be promptly paid, on presentation, by the treasurer, out of money in his hands collected for that pur- pose ; and he shall indorse upon the face of such coupons in red ink the word "Paid," and the date of payment, and sign the initials of his name. (Laws 1876, ch. 122, art. 11, sec. 29.) 201. Security. [9153] The school fund and property of such city and territory attached for school purposes are hereby pledged to the payment of the interest and principal of the bonds mentioned in this article, as the same may become due. (Laws 1876, ch. 122, art. 11, sec. 30.) 202. Bonds Registered. [9154] It shall be the duty of the clerk of the board of education to register in a book pro- vided for that purpose the bonds isued under this article, and all warrants issued by the board, which said register shall show the number, date and amount of said bonds, and to whom made payable. (Laws 1876, ch. 122, art. 11, sec. 31.) t 203. Levy for Buildings. [9166] The board of educa- tion of all cities of the second class, having a population of over thirty-five hundred and less than fifteen thousand popula- tion, are hereby authorized to locate and build schoolhouses or additions thereto within the district. Before any contract is let, the board of education shall record upon the journal of its proceedings a finding that the erection of such schoolhouse, schoolhouses, or such addition or additions thereto, is a public necessity for the accommodation of its schools and shall cer- tify to the county clerk of the county an annual levy for a period of not more than four years, said levy not to exceed two mills upon the dollar of all taxable property in the school district, including attached territory, if any, which taxes may be levied in addition to all taxes now levied under the law, and shall be levied, entered upon the tax roll, and collected in the same manner as other taxes ; provided, that the question shall have been submitted to the qualified electors of the district, and a majority of all the qualified electors voting upon the proposition shall have declared by their ballots in favor thereof. (Laws 1913, ch. 120, sec. 1.) II C I. 5] CITIES OF THIRD CLASS. 75 S ^04. Payment by Warrants or Bonds. [9167] The board education may divide the cost of said structure, structures, o: additions, into equal installments and, in its discretion, pro- v de for the payment of any one of them, either by an annual It vy of not to exceed two mills on the dollar, or by time war- r .nts or bonds of the school district, signed by the president a id clerk, and countersigned by the treasurer of the district, i\ denominations of not less than one hundred dollars nor r.ore than five hundred dollars, each bearing interest not to cceed five per cent. Said time warrants or bonds shall not 1 e sold below par, and shall mature not later than the close of 1 le period of four years or less in which the required amount i light have been raised by the annual levy as hereinbefore ] rovided, and a sufficient levy, not to exceed two mills, shall be ( ertified and made in each year to pay said warrants or bonds ; nd all accruing interest thereon. No one school building or '. ddition to school building built under this act shall cost more han seventy thousand dollars. (Laws 1913, ch. 120, sec. 2.) 205. Expenditure for Additional School Grounds. [9168] Che board of education may expend a sum not to exceed two housand dollars to buy additional school grounds. (Laws 1913, ch. 120, sec. 3.) 206. . Validity of Official Acts. [9164] That in cases therein, in cities of the second class of over 10,000 inhab- tants, the boards of education have heretofore consisted of but dx members, the official acts and proceedings of such boards neretofore had and taken, and contracts made and entered into and obligations incurred by such boards of education in pur- suance of the laws of Kansas governing boards of education in such cities, be and the same are hereby ratified and confirmed, and declared to be of the same validity, force and effect as though said boards of education had consisted of two members from each of the wards of such cities. (Laws 1907, ch. 243, sec. 1.) NOTE. For the election of members of the board of education in cities of the first and second class see section 111 of this book. ARTICLE V. Cities of the Third Class. 207. Cities of the third class defined; I 208. No portion of city shall be detached government of public schools. from school districts. ^07. Defined. [9175] Public schools in incorporated cities which have not less than 250 and not over 2000 inhab- itants, if not otherwise provided for by law, shall be governed by the provisions of this act which apply to the organization and maintenance of district schools 29 or of union or graded 29 schools. (Laws 1876, ch. 122, art. 12, sec. 1.) 29. See chapter X. 76 CITIES OF THIRD CLASS. [CH. 5 208. No Portion of City Shall be Detached. [9176] That no portion of the corporation of a city of the third class shall be detached from the school district in which the city is located, and the whole of such corporation shall be and remain in one school district for the purpose of schools and taxation. 30 (Laws 1876, ch. 122, art. 12, sec. 2.) 30. See section 9165, General Statutes of 1915, section 173 of this book, for the attachment of territory where a city of the third class has become a city of the second class. COMPULSORY EDUCATION. 77 CHAPTER VI. Compulsory Education. )9. Who must attend school; liability of parents and guardians. 10. Truant officers; appointment; duty. 11. Incorrigible pupils. 12. Compensation of truant officers. 213. Teachers and school officers to report. 214. Annual school census. 215. Deaf, mute and blind must be edu- cated. 216. Penalty. 217. Education of children in asylums. I 209. Who Must Attend School; Liability of Parents and ( uardians. [9415] Every parent, guardian or other person i i the state of Kansas having control or charge of any child c r children between the ages of eight and fifteen years, 31 in- c .usive, shall be required to send such child or children to a 1 ublic school, or a private, denominational or parochial school 32 t lught by a competent 32 instructor, each school year, for such 1 eriod as said school is in session ; provided, that any child ( f the age of fourteen years or more who is able to read and write the English language, 33 and who is actively and regu- larly employed 33 for his own support or for the support of ihose dependent upon him, shall not be required to attend the aforesaid schools for a longer period or term than eight con- :,ecutive weeks in any one year; provided, that any and all 'Children that have received a certificate of graduation from "he common schools of any county or certificate of admission ;o a high school in any city in the state of Kansas shall be ixempt from the provisions of this act ^provided, that the children who are physically or mentally incapacitated for the work of common schools are exempt from the provisions of this act, but the school authorities shall have the right, 34 and they are hereby authorized, when such exemption under the provisions of this act is claimed by any parent, guardian or other person in the control or charge of such child or children, to cause an examination of such child or children by a physi- cian or physicians employed for such purpose by such authori- ties 35 , and if such physician or physicians hold that such child or children are capable of doing the work in the common 31. The ages are from the time the child becomes eight years old until it becomes fifteen years old. 32. The parent or guardian may determine the particular kind of a school which the child shall attend. Attendance at a night school does not afford sufficient time to become a substitute for attendance upon a day school. This state requires that instructors in such schools be competent; a teacher may be competent without being the holder of a teacher's cer- tificate. For exclusion on account of a contagious disease, see section 324. .,. ,. He must be able to read and write the English language, and also be actively and regularly employed as stated in the law. 34. It is entirely within the province of school authorities to determine the validity of the claim for exemption. 35. The school boards should pay the expense of the examination by the physician. 78 COMPULSORY EDUCATION. [CH.6 schools, then such child or children shall not be exempt from the provisions of this act. (Laws 1903, ch. 423, sec. 1.) 210. Truant Officers; Appointment; Duty. [9416] The county superintendents of public instruction shall divide their respective counties, exclusive of all cities of the first and sec- ond class therein, into not less than one nor more than five truant districts, and the board of county commissioners shall, upon the nomination of the county superintendents of public instruction of their respective counties, appoint a truant offi- cer for each district thus created, who shall hold his office at the will of the county superintendent of public instruction; and the boards of education of all cities of the first and second class, respectively, shall, independently and originally, appoint the truant officers or officer of their respective cities, to serve at the pleasure of the appointing board. Each truant officer, in his respective district, shall see that the provisions of this act are compiled with, 36 and when from personal knowledge, or by report, or complaint of any resident or teacher of the district under his supervision, or from any information, he believes that any child subject to the provisions of this act is habitually absent from any school which it should or has been accustomed to attend, or has been assigned to attend by order of the directors of any country district, or by the classi- fication, transfer, or order of the board of education or super- intendent of schools of any city of the first or second class, for a period of thr$e or more consecutive days, unless excused under the provisions of section 1 of this act, he shall immed- iately give written notice 37 to the parent, guardian or other person having control or charge of such child, or, in the ab- sence of such parent, guardian or other person having control or charge from his or her usual place of residence, shall leave a copy of such notice with some person over twelve years of age residing at the said usual place of residence, with instruc- tions to hand said notice to said parent, guardian or other person haying control or charge of such child, which notice shall require the attendance of said child at said school within five days from date of same ; and if within five days from the date of said notice such parent, guardian or other person hav- ing control or charge of such child does not comply with the provisions of this act, then such truant officer shall make com- plaint in the name of the state of Kansas against such parent, guardian or other person having control or charge of such child in the juvenile court or other court of competent juris- 36. The truant officer appointed by the county commissioners is under the direction and supervision of the county superintendent. 37. Formal written notice is required, and the notice is final for the term. Notice by registered letter where delivery is prompt, or by special delivery where it can be used, is a legal notice if delivery can be proved. ( H. 6] COMPULSORY EDUCATION. 79 (i iction of such county, which court is hereby clothed with j irisdiction over all offenders and proceedings under this act, Y ith full power to try and hear all complaints, impose fines, ( iforce their collection by distress or imprisonment, and to 1 ally execute the provisions of this act. It shall be unlawful 1 3r any merchant, company, or other party, without the writ- t m permit of the board of directors of any country district, or < f the board of education of any city of the first or second ( lass, to employ any child therein, between the ages of eight nd fifteen years, during the sessions of the school term or ear, unless such child is exempt from attendance under the revisions of section 1 ; provided, that the board of directors f any country district or the board of education of any city f the first or second class shall have authority, in the exercise f a sound discretion, to permit temporary absences of chil- Iren from school, between the ages of eight and fourteen r ears, in extreme cases of emergency or domestic necessity. \.ny parent, guardian or other person having control or charge >f such child delinquent in school attendance, and any mer- chant, company or other party unlawfully employing such hild, upon conviction of the violation of any provision of this ict, or of the act of which this is amendatory, shall be ad- iudged guilty of a misdemeanor, and shall be fined in a sum lot less than five dollars nor more than twenty-five dollars for aach offense, and be committed to the county jail till same is paid; all fines collected shall be paid into the county treasury for the support of the common schools. It shall be the duty of all county attorneys, for country districts, in their respec- tive counties, and of all city attorneys, in their respective cities, to prosecute all complaints filed and actions brought under this act or under the provisions of the act of which this is amendatory. (Laws 1907, ch. 317, sec. 1.) 211. Incorrigible Pupils. [9417] In case any pupil be- comes an habitual truant, or becomes a menace to the best interests of the school which he is attending, 38 then it shall be the duty of the truant officer to report said facts and condi- tions to the parents or guardian of said child. The parent shall be held liable under the provisions of this act for the regular attendance and good conduct of said child, unless said parent or guardian shall state in writing to said truant officer that said child is beyond the control of said parent or guard- ian. Then it shall be the duty of the truant officer to proceed against said pupil under the provisions of the law governing juvenile disorderly persons. Cities of the first and second class will each constitute a separate district for the admini- stration of this act, and the truant officer or officers of such cities shall be appointed by the respective boards of educa- 38. Repeated and willful disobedience of the rules of school is menace to the best interests of the school. 80 COMPULSORY EDUCATION. [CH. 6 tion of said cities ; provided, that there shall be in such cities but one truant officer for each 10,000 children, according to the school enumeration; provided further, that no city shall have more than five truant officers. The truant officers 39 of cities shall enforce the provisions of this act in the manner and under such penalties as are prescribed by section 2 40 of this act. (Laws 1903, ch. 423, sec. 3.) 212. Compensation of Truant Officers. [9418] The tru- ant officers provided for in this act who are appointed by the board of county commissioners shall receive from the county treasurer two dollars for each day for actual services. 41 The truant officers provided for in this act who are appointed by the board of education of any city of the first or second class shall receive from the treasury of such board of education two dollars for each day for actual service. Such truant offi- cers shall be paid by the respective counties 42 or board of educa- tion in the same manner as other employees are paid ; provided, that no warrant shall be issued either on the county treasurer or the treasurer of the board of education for such services until the truant officer shall have filed an itemized statement of the time employed in such service, and such statement shall have been certified to by the county superintendent of public instruction or by the clerk of the board of education in the city in which such truant officer is employed; provided further, that no truant officer shall receive pay for more days' service during any one year than the number of days the school is in session that year. (Laws 1903, ch. 423, sec. 4.) 213. Teachers and School Officers to Report. [9419] All school officers are hereby required to make and furnish all reports that may be required by the county superintendent of public instruction or by the board of education of any city of the first and second class with reference to the working of this act. Every teacher employed in the public schools in the state of Kansas is hereby required, before receiving each month's salary, to make a report to the county superintendent of public instruction or to the superintendent of the city in which he may be employed, showing the names and addresses of all pupils who have been truant or habitually absent from school during the previous month, and stating reasons for 39. Truant officers of cities of the first and second class are under the supervision of their respective boards of education or the city superin- tendent, who is the board's executive officer. 40. Section 210 of this book. 41. The truant officer may be appointed probation officer of the juve- nile court, as provided in section 498 of this book. 42. When the county -superintendent has approved the bill of the truant officer, the county commissioners (or auditor) of the county have no option but to order payment of same. Truant officers are not entitled to pay for traveling expenses. They are entitled to pay for a reasonable amount of office work in connection with their regular duties. i COMPULSORY EDUCATION. 81 ancy or habitual absence in each case, if known. All si ch cases of truancy so reported shall be brought to the notice 01 the proper truant officer by the county superintendent of pi blic instruction or by the superintendent of the city by which h< is employed. (Laws 1903, ch. 423, sec. 5.) $ 214. Annual School Census. [9420] In order that the p ovisions of this act may be more definitely enforced, it is h reby provided that the enumerators 43 of school children, ii taking their annual school census, shall ascertain and record tl e name, place 44 and date of birth of every child enumerated, a\d the parent, guardian or persons having charge or control o such child shall subscribe and take path or affirmation that s ch record is true. The enumerator is hereby empowered to a [minister such oath or affirmation ; and any parent, guardian o person having charge or control of any child who shall re- f ise to take such oath or affirmation shall be adjudged guilty ' misdemeanor, and upon conviction thereof shall be fined ii any sum not less than one nor more than ten dollars. (Laws 1 )03, ch. 423, sec. 6.) 215. Deaf, Mute and Blind Must be Educated. [9441] That every parent, guardian, company, corporation, associa- t on, person or persons within the state of Kansas having con- t *ol or charge of any deaf, dumb or blind child or person be- t veen the ages of seven and twenty-one years, inclusive, shall ba required to send such child or person to some suitable school v here deaf and blind are taught and educated. The instruction given the deaf shall be conducted either orally or by sign method, or both, for a period of at least five months in each year; provided, that this will not apply to such child or person vhere skilled private instruction is given for the same length of time each year. It shall be the duty of the truant officer provided in section 2, Laws of 1903, to enforce the provisions of this act, the same as provided for the enforcement of chap- ter 423, Laws of 1903. (Laws 1905, ch. 384, sec. 1.) S 316. Penalty. [9442] Any parent, guardian, company, corporation, association, member of any company, corporation, cr association, person or persons who shall violate any of the rovisions of this act shall be deemed guilty of a misdemeanor, .nd on conviction thereof shall be adjudged to pay a fine in .ny sum not to exceed $100. (Laws 1905, ch. 384, sec. 2.) 217. Education of Children in Asylums. [6848] When- ever it shall be necessary and practicable, poor children of the asylums who can not be bound out, or whom it may not be expedient to bind out, shall be educated thereat, or at the 43. In all districts under the supervision of the county superintendent he district clerk is the enumerator. 44. Address at the date of census. 6 Sch. Laws. 82 COMPULSORY EDUCATION. [CH. 6 schools of the district in which such asylums may be situated, or in some adjacent district, and the board of county commis- sioners of any such county may arrange with such school district or districts for the education of such children and allow a reasonable tuition fee therefor. (Laws 1905, ch. 385, sec. 1.) . 7] CONSOLIDATION. 83 52 8. Temporary < CHAPTER VII. Consolidation. 'emporary consolidation of districts by county superintendent. 2 9. Procedure in consolidation. 2 0. Consolidation with district contain- ing a graded school. 2 1. Transportation of pupils. 1 :2. Compensation to parents for trans- 223. Powers of district meetings of dis- trict board. 224. County superintendent to be notified. 225. Record boundaries. 226. Property of districts. 227. Name. 228. Duties and powers of district board. portation. 218. Temporary Consolidation of Districts by County Su- p< rintendent. [8934] The county superintendent of public ii struction may, when any two or more adjoining school dis- t) icts have less than five pupils each of school age, combine t .e pupils of such districts, and provide for a term of school, v hich shall be divided among the districts so combined as he s mil deem most convenient, and to which the pupils of each s mil be admitted ; he shall prorate the expense between the d stricts in proportion to the number of pupils from each, and s lall certify same to the county clerk on or before the 1st day o ? August of each year, and the board of county commissioners s lall levy a tax against the property of said district sufficient t) raise the amount shown by the said certificate; provided, t lat whenever the school population of such districts so com- ic ined or of any school district shall become less than five no tBrm of school shall be held, but provision shall be made by trie county superintendent for sending pupils to other schools, as now provided by law in the case of districts which vote to lave no school, and in no case shall more than one school be held at the same time in any school district, consolidated or c therwise, unless there be a regular attendance of at least five bona fide pupils for each of the additional schools in said dis- trict. All contracts with teachers shall be made subject to the provisions of this act. (Laws 1901, ch. 307, sec. 11.) 219. Procedure in Consolidation. [8938] By order of the district board, or by a written petition of twenty-five per cent of the voters of any school district, the clerk of said school district shall post printed notices as required for school- listrict meetings, calling a school-district meeting at the schoolhouse of said district for the purpose of voting upon a proposition to consolidate said school district with one or more school districts as stated in said notices. The vote in any ;listrict may be made conditional on a similar proposition carrying in part or all of the districts voting. In any school district voting on the proposition a majority of the votes cast shall be sufficient to carry the proposition in said district. The vote at such school-district meeting shall be by ballot, which shall read "For consolidation" or "Against consolida- f*'*on." Upon such proposition being carried, the clerk of said hool district shall thereupon, in writing, notify the county 84 CONSOLIDATION. [CH. 7 superintendent of such action. Upon receiving such notice, it shall be the duty of the county superintendent to designate a time and place for the meeting for the purpose of electing a school board, consisting of a director, clerk and treasurer, notice of which meeting shall be given by printed notices posted in five public places in the districts uniting. As soon as such officers are elected and have taken the oath of office, the county superintendent shall declare the old districts dis- organized; provided, that said school board is authorized to maintain separately till the end of the term any schools that may be in session at the time of consolidation. (Laws 1911, ch. 275, sec. 1.) 220. Consolidation with a District Containing a Graded School. [8939] Any school district may be annexed to a school district containing a graded school upon a proposition for such annexation receiving a majority of votes cast at an election called for that purpose as provided for in section 1 of this act, and upon said proposition receiving the approval of the district board of the school district containing said graded school. Upon the county superintendent receiving no- tification that such proposition has been carried at said elec- tion and approved by the school board of the school district containing the graded school, the county superintendent shall annex said district. Such annexation shall take place in ac- cordance with section 7435 of the General Statutes of 1909, and after such district is formed it shall be governed by the provisions governing consolidated districts. A graded school for the purpose of this act shall be one in which two or more teachers are employed. (Laws 1911, ch. 275, sec. 2.) 221. Transportation of Pupils. That section 8940 of the General Statutes of 1915 be and the same is hereby amended so as to read as follows : Sec. 8940. The district board of con- solidated school districts shall provide for the comfortable transportation of the pupils of said district who live two or more miles from the schoolhouse by the usually traveled road, in a safe and inclosed conveyance or conveyances, or in lieu thereof said district board may make such allowance and pay- ment to the parents, or other custodians of pupils who furnish their own transportation as to the district board may seem just and proper, not exceeding 25 cents per day for each pupil so transported, and shall establish such rules and regulations as may be necessary for carrying out the provisions of this section ; provided, that said district board may establish regu- lar routes for the transportation of such pupils. (Laws 1917, ch. 276, sec. 1.) 222. Compensation to Parents for Transportation. In cases where it is impracticable to reach certain places by a laid-out route of travel, said school district board may fix a compensation for the carrying of pupils living in such out-of- C I. 7] CONSOLIDATION. 85 tl e-way places, to reach the regularly laid-out route and such c mpensation shall be paid to the parents of such pupils when- e -en such special regulations shall be approved by the county s hool superintendent. (Laws 1917, ch. 276, sec. 2.) 223. Powers of District Meetings and of District Board. [ $941] The annual or special meetings of consolidated school (1 istricts shall have such general powers and duties as are pro- A ided by law for school-district meetings 45 . The duties and 1 owers of the district board of consolidated districts shall in- c .ude those provided by law for district boards. (Laws 1911, ( h. 275, sec. 4.) 224. County Superintendent to be Notified. [8943] Upon 1 lie organization of such union school districts, as hereinbefore I rovided, the clerk of the board thereof shall notify the county ; uperintendent in writing that such action has been taken. Laws 1901, ch. 305, sec. 3.) 225. Record of Boundary. [8944] The boundary of the inion district, when formed, shall include the territory of he districts so uniting, and the county superintendent shall, ipon proper notice thereof, at once make a record of such Boundary; provided, that by vote of the electors of any dis- ;rict uniting to form a union district part of the district may anite with one union district and part with another adjacent anion district. (Laws 1901, ch. 305, sec. 4.) 226. Property of Districts. [8945] Upon the organiza- tion of such union school district, all school property, except as hereinbefore provided, heretofore owned by the several dis- tricts so uniting, shall at once become the property of such union school district, and the board of directors of the said union school district are hereby authorized to dispose of any or all such property as the best interests of such district may re- quire. (Laws 1901, ch. 305, sec. 5.) 227. Name. [8946] Such union school district, when formed, shall be known as union school district No. , county of - , state of Kansas, and be a body corporate, with power to sue and be sued. (Laws 1901, ch. 305, sec. 7.) 228. Duties and Powers of District Board. 40 [8947] The duties and powers of the board of directors heretofore men- tioned shall be the same as those provided by law for school- district boards. (Laws 1901, ch. 305, sec. 8.) 45. See chapter X of this book. 46. See chapter X of this book. 86 COUNTY SCHOOL FUND. [CH. 8 CHAPTER VIIL County School Fund. 5229. County treasurer. 230. County clerk shall report to county superintendent. 231. Justices shall report to county su- perintendent proceeds of fines and estrays. 232. Moneys and property to be delivered to proper officers. 233. No compensation. 234. Penalty. 235. Unclaimed money. 236. Fines and penalties paid into com- mon-school fund. 229. County Treasurer. [9281] The county treasurer shall collect all moneys due the county for school purposes from fines, forfeitures, or proceeds from the sale of estrays, and all moneys paid by persons as equivalent for exemption from military duty; and he shall, upon proper application of the district treasurer of any district in the county, pay over to the said district treasurer the amount apportioned to the dis- trict by the county superintendent. 47 He shall also collect the delinquent taxes on real estate in any district, in the same manner as county taxes are collected, whenever such delin- quent tax list shall have been lawfully reported and returned to him, and he shall pay the same over to the treasurer of the district to which such delinquent taxes are due; and if any county treasurer shall refuse to deliver over to the order of the county superintendent any school money in his possession, or shall use or permit to be used for any other purpose than is specified in this act any school money in his possession, he shall on conviction thereof be adjudged guilty of a misde- meanor, and be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding one year. (Laws 1876, ch. 122, art. 17, sec. 1.) 230. County Clerk. [9282] The county clerk of each county shall, on the first Mondays of March and July of each year, make out and transmit to the county superintendent a true statement of any county school money then in the county treasury. (Laws 1876, ch. 122, art. 17, sec. 3.) 231. Justice of the Peace. [9283] Each justice of the peace shall report to the county superintendent, on the 1st day of March and on the 25th day of July of each year, the amount received from the proceeds of fines and estrays during the six months preceding, and belonging to the school fund of the county; and each justice of the peace, at the time of mak- ing his report to the county superintendent, shall promptly pay all of said proceeds to the county treasurer, to be disbursed by the county superintendent at the next ensuing semiannual dividend. (Laws 1876, ch. 122, art. 17, sec. 3.) 47. The county school fund is added to the allotment received from the state school fund and apportioned as one fund by the county super- intendent. COUNTY SCHOOL FUND. 87 } 232. Moneys and Property. [9284] All persons having scl ool moneys or other property in their possession, by virtue of any act heretofore passed, are hereby required to pay over an I deliver the same to the proper officers provided for by this ac ;. (Laws 1876, ch. 122, art. 17, sec. 4.) 233. No Compensation. [9285] No county treasurer sh ill receive any compensation for disbursing or receiving ei her county or state school moneys. (Laws 1876, ch. 122, ai t. 17, sec. 5.) 234:. Penalty. [9286] Any county treasurer who shall n< gleet or fail to pay over any school money in the treasury, G] application, shall be subject to a fine of not less than $500 f< r every such neglect or failure. (Laws 1876, ch. 122, art. 17, s< c. 6.) 235. Unclaimed Money. [9243] If any sum of money d rected by an order of the court to be distributed to heirs, n Bxt of kin or legatees shall remain for the space of one year u iclaimed, the executor or administrator shall pay over the s ime to the treasurer of the county for the benefit of common s :hools of the county. (Laws 1876, ch. 122, art. 15, sec. 7.) 8 236. Common-school Fund. [8257] All fines and pen- slties imposed, and all forfeitures incurred, in any county, shall be paid into the treasury thereof, to be applied to the support of common schools. (Gen. Stat. 1868, ch. 82, sec. 332.) 88 COUNTY SUPERINTENDENT. CHAPTER IX. -County Superintendent. 237. 238. 239. 240. 241. 242. 243. 244. 245. 246. 247. 248. 249. 250. 251. 252. 253. 254. 255. 256. 257. 258. Qualifications. Term of office. Oath and bond. General duties. Annual convention of school district boards. Apportionment of school funds. Annual report. Compensation. Assistant county superintendent. Vacancy in school-district board. Vacancy in office of county superin- tendent. Reports of district clerks. Power to administer oaths in certain Purchase of records. Forming and changing districts. School districts within an Indian reservation. Appeal to county commissioners. Notice of first district meeting. Division of property. Description of school district bound- aries. County superintendent shall furnish map. Boundary lines reestablished. [CH.9 ul in fjisa 259. Boundary lines reestablished in of error. 260. Indebtedness of depopulated district. 261. County treasurer shall pay orders. 262. Depopulated district may be disor- ganized. 263. When district is depopulated. 264. Partially depopulated districts may be disorganized. 265. Partially depopulated district de- fined. 266. Petition for disorganization. 267. Territory attached to adjacent dis- trict. 268. Floating indebtedness of disorganized district. 269. Orders paid by county treasurer. 270. Disposition of funds. 271. Disposition of property. 272. Territory not liable for debts. 273. Annexation of school districts. 274. Floating indebtedness of districts annexed. 275. Property of annexed districts. 276. Other duties; deputy. 277. Neglect or refusal to perform duty. 278. Agent of state orphans' home. 279. Trespassers on school lands. 237. Qualifications. [8880] That a person to be eligible to the office of county superintendent of public instruction must hold a professional certificate, first-grade certificate, or a state certificate, or be a graduate of an accredited college or normal school, and must have taught at least eighteen months ; provided, that this act shall not apply to any person now hold- ing the office of county superintendent or to any person who is now a county superintendent elect. (Laws 1907, ch. 167, sec. 1.) 238. Term of Office. [8878] The term of office of the county superintendent of public instruction shall begin on the second Monday of May of each odd year, beginning with the year A. D. 1901. (Laws 1899, ch. 244, sec. 1.) 239. Oath and Bond. [8881] The county superintend- ent of public instruction shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to sup- port the constitution of the United States and of the state of Kansas, to faithfully discharge the duties of said office, and. execute to the state of Kansas a bond in the sum of $1000, con- ditioned to the faithful performance of his official duties; which bond, after having been approved by the board of county commissioners, together with his official oath, shall be filed in the office of the county clerk. (Laws 1881, ch. 152, sec. 1.) 240. General Duties. [8882] It shall be the duty of ' the county superintendent of public instruction to visit each school in his county at least once each term of six months, 48 48. "At least once each term of six months' once each school year. is held to mean at least Ci. 9] COUNTY SUPERINTENDENT. 89 c< rrecting any deficiency that may exist in the government of t< e school, 49 the classification of the pupils, or the methods of ii struction in the several branches taught ; to make such sug- g stions in private to the teachers as he shall deem proper and r jcessary to the welfare of the school ; to note the character a id condition of the schoolhouse, furniture, apparatus, and g *ounds, and make a report in writing to the district board, r aking such suggestions as in his opinion shall improve the s ime ; to examine the accounts and record-books of the dis- t -ict officers, and see that they are kept as required by law ; to e icourage the formation of associations of teachers and edu- c itors for mutual improvement, and, as far as possible, to at- t md the meetings of such associations, and participate in the c sercises of the same ; to attend the normal held in his county, i sing his influence to secure the attendance of teachers ; to i lake daily a personal inspection of the work of the institute i i session, and keep a record of the same in his office, and do * itch work in conection with the exercises of the institute as 1 e may deem necessary ; 50 to hold a public meeting in each i chool district of his county at least once every year, for the 1 urpose of discussing school questions and elevating the stand- '< rd of education ; to keep his office open at the county seat Sat- i .rday of each week, and in counties in which the superintend- ns of school age, exclusive of those in cities of the first i ad second class, he shall receive one thousand dollars and t venty dollars per annum for each 100 persons of school age in ( xcess of said 1500, up to the sum of one thousand three hun- ( red and fifty dollars ; provided, that in each county, the county ( ommissioners shall add to the salary hereinbefore provided 1 he sum of one dollar per annum for each teacher employed in i he county, exclusive of those employed in cities of the first , nd second class ; provided, that in counties of 45,000 or more opulation the salary of the county superintendent shall be ighteen hundred dollars per annum; provided further, that f the county superintendent shall fail to spend at least two lours in each schoolroom each school year, so as to observe 'or at least two hours, the work of each teacher under his supervision, the county commissioners may deduct from the ast quarterly installment the sum of five dollars for each de- inquency. The county commissioners may allow county su- perintendents having under their jurisdiction more than 125 and not more than 200 teachers the sum of three hundred sixty dollars per annum for clerk hire, and for more than 200 teachers, the sum of four hundred dollars per annum for clerk hire. The county superintendent shall be entitled to all money actually expended for stationery, postage, freight and express. All money paid out of the county treasury for this purpose shall be out of the general fund of the county. That the county superintendent of the several counties in the state of Kansas shall receive the sum of one ($1.00) dollar per teacher per annum, as traveling expenses in visiting said schools; provided, in no case shall any county superintendent receive traveling expenses for schools not visited. (Laws 1917, ch. 191, sec. 1.) 245. Assistant County Superintendent in Certain Coun- ties. That in counties employing more than 235 teachers, ex- clusive of the cities of first and second class, the county super- intendent of public instruction is hereby authorized to ap- point an assistant. Said assistant shall take the proper oath of office, which shall be filed with the county clerk. He shall act as the deputy of the county superintendent of public in- struction and shall perform the duties not inconsistent with law. which the county superintendent may require, and he shall ive a salary of one thousand dollars per year to be paid from the general fund of the county in monthly or quarterly installments. (Laws 1917, ch. 132, sec. 1.) 94 COUNTY SUPERINTENDENT. [CH. 9 246. Vacancy in School District Board. [8886] Should a vacancy occur in the board of directors of any school dis- trict, it shall be the duty of the county superintendent to appoint some suitable person, a resident of the district, to fill the same, and the person so appointed shall continue in office until the next annual meeting thereafter, and until his suc- cessor is elected and qualified. (Laws 1881, ch. 152, sec. 7.) 247. Vacancy in Office of County Superintendent. [8887] When a vacancy occurs in the office of county superintendent of public instruction by death, resignation or otherwise, notice thereof shall be given by the county clerk to the board of county commissioners, who shall as soon as practicable appoint some suitable person to fill the vacancy ; provided, that if the board of county commissioners are unable to make such appointment from the residents of the county, the county clerk shall notify the state superintendent of public instruction, who shall ap- point some legally qualified person who is a resident of Kan- sas to fill the said vacancy, regardless of the place of residence of such person; and the person receiving such appointment shall before entering upon the discharge of the duties of the office acquire a residence in said county by removing thereto, and shall file his oath or affirmation and bond in the county clerk's office as provided by law, and shall hold his office until his successor is elected and qualified. (Laws 1911, ch. 278, sec. 1.) 248. Reports of District Clerks. [8888] He shall see that the annual report of the clerks of the several school dis- tricts and parts of districts in his county are made correctly and in due time. (Laws 1881, ch. 152, sec. 9.) 249. Power to Administer Oaths in Certain Cases. [8889] County superintendents shall have power to administer oaths in all cases in which an oath is made necessary by any pro- vision of the school law, except in the qualifying of county superintendents and their sureties. (Laws 1881, ch. 152, sec. 10.) 250. Purchase of Records. [8890] The county superin- tendent of public instruction of the respective counties in this state may purchase, for each organized school district in his county not having sufficient records, one set of school-district records, consisting of district clerk's records and orderbooks, district treasurer's book, and a teacher's daily register. Each of said books shall contain such printed forms and instructions as will enable the teacher and the school-district officers to perform with correctness and accuracy their several duties as required by law ; provided, the entire set of said records as above enumerated shall not exceed in cost four dollars for each set; and the said superintendent shall draw his order or warrant on the county treasurer in favor of the person II I H. 9] COUNTY SUPERINTENDENT. 95 i e purchases said books of, for the amount of the purchase- noney, and it is hereby made the duty of said county treas- irer to pay said warrant or order out of any money in his lands belonging to the respective districts in his county; >rovided, that no funds in the hands of the county treasurer >elonging to the several school districts in his county shall >e diverted from the object for which said fund was raised; md the said superintendent shall deliver the said books to the listrict board of each district. (Laws 1881, ch. 152, sec. 11.) 251. Forming and Changing Districts. 57 [8891] It shall 3e the duty of the county superintendent of public instruction ;o divide the county into a convenient number of school dis- tricts, and to change such districts when the interests of the inhabitants thereof require it, 58 but only after twenty days' notice thereof, by written notices posted in at least five public places in the district to be changed ; but no new school district shall be formed containing less than fifteen persons of school age, no district shall be so changed as to reduce its school population to less than fifteen, and none having a bonded indebtedness shall be so reduced in territory that such indebt- edness shall exceed five per cent of their assessed property valuation; provided, that any person interested may appeal to the board of county commissioners from the action of the county superintendent ; and provided further, that the restric- tions as to school population and assessed valuations of this section shall not prevent desirable changes in school-district boundaries when the proposed alteration of boundaries is ap- proved by the board of county commissioners. The county superintendent shall number school districts when they are formed; and he shall keep in a book for that purpose a de- scription of the boundaries of each school district and part of district in his county, with plat of the same, date of organi- zation, date and full record of all changes of boundaries, and a list of district officers in his county, the date of election or appointment, and the time the term of each is to expire. (Laws 1907, ch. 329, sec. 1.) 252. School Districts within an Indian Reservation. [8895] That the county superintendent of any county in 57. The fact that the district boundary has been changed by legis- lative act or a district disorganized by legislative act in no respect modi- fies the power of the county superintendent as conferred by this section. 58. It is very desirable that the people concerned should be consulted, and the arguments on both sides carefully considered, before making im- portant changes. After a district has issued bonds to build or purchase a schoolhouse, alterations should be discouraged until the bonds are paid, except in cases where imperative necessity demands a change. The object should be to establish strong and permanent districts. 59. See section 300 for the valuation required in the formation of new districts and the alteration of district boundaries. The territory com- prising a school district at any particular time is the territory at that time liable for the bonds of such district. 96 COUNTY SUPERINTENDENT. [CH. 9 which there is an Indian reservation may, under the procedure formed ; and he shall keep in a book for the purpose a descrip- tion of the boundaries of each school district and parts of dis- tricts, erect any number of school districts lying wholly or partly within such Indian reservation, and the ordinary limi- tations of assessed valuation of property within such district shall not prevent the organization of any such district; pro- vided, that any such district which it is proposed to organize has an aggregate of sixty thousand dollars' worth of real and personal property, subject to taxation. (Laws 1913, ch. 282, sec. 1.) 253. Appeal to County Commissioners. [8906] If in the formation or alteration of, or refusal to form or alter school districts, any person or persons shall feel aggrieved, such person or persons may appeal to the board of county commis- sioners, who shall confer with the county superintendent, and their action shall be final ; provided, that notice of such appeal 60 shall be served on the county superintendent within ten days of the time of posting of the notices of the formation, or alteration of such district; such notice shall be in writing, and shall state fully the objections to the action of the county superintendent, a copy of which shall be filed with the county clerk, and also with the clerks of all districts affected by such alteration ; and provided also, that such appeal shall be heard and decided by the majority of the board of county commis- sioners at their next regular meeting; and if such appeal is not sustained by them, the county superintendent shall pro- ceed to appoint the time and place for said first district meet- ing, which shall then proceed as by law required. (Laws 1876, ch. 122, art. 3, sec. 5.) 254. Notice of First District Meeting. [8892] When- ever a school district shall be formed in any county, the county superintendent of public instruction of such county shall, within fifteen days thereafter, prepare a notice of the forma- tion of such district, describing its boundaries, and stating the number thereof. He shall cause the notices thus prepared to be posted in at least five public places in the district, and, in case there shall be no appeal, shall in ten days thereafter in like manner appoint a time and place for a special district meeting, for the election of officers and the transaction of such business as is prescribed by law for special school-district meeting. (Laws 1881, ch. 152, sec. 13.) 255. Division of Property. [8905] When a new district is formed, in whole or in part, from one or more districts pos- sessing a schoolhouse or entitled to other property, such new district shall be formed only between April 1 and September 1 60. No appeal can be made to the county commissioners unless the county superintendent posts notices of the formation or alteration of a school district. ... COUNTY SUPERINTENDENT. 97 o! the same year, and the county superintendent shall deter- n ine the value of the school property of the school district, ii eluding taxes due, and deducting all indebtedness except b< -nded indebtedness. There shall be due to the new district 61 f i om the old district the proportion of the value of the school p operty that the assessed valuation of property of the new d strict bears to the assessed valuation of the property of the o d district. The county superintendent shall certify to the c< unty clerk the proper tax levy against the taxable property ' the old district to pay the amount due the new district. ( Laws 1909, ch. 207, sec. 1.) 256. School-district Boundaries. [8896] The county su- p Brintendent is hereby required to furnish the county clerk v ith a description of the boundary of each school district, on c : before the last Monday in May of each year. (Laws 1887, c i. 219, sec. 1.) 257. County Superintendent Shall Furnish Map. [11328] T he county superintendent of public instruction of the several c Dunties of the state shall, on or before March 1 of each year, 1 urnish to each assessor within his county a map of the city c r township of such assessor, showing the number and metes i nd bounds of every school district or part of school district within his township or city. (Laws 1885, ch. 198, sec. 3.) 258. Boundary Lines Reestablished. [8897] That in all c ounties in the state of Kansas where the records of the bound- j ry lines of school districts heretofore established in the state i l 61. For the division of school property under the provisions of this ection, the following rules are recommejided, viz. : FIRST RULE. To be applied in dividing school property which has been procured with ihe proceeds of district taxes: (1) Find the assessed valuation of the taxable property of the undivided district, as returned on the last assess- ment roll of the county. (2) Find, in like manner, the assessed valuation of the taxable property of the territory which is to be cut off; and which does not retain the school property. (3) Find the present value of the school property of the undivided district, including moneys raised from District taxes and remaining in the treasury at the time the division is nade, after discharging all indebtedness except bonded indebtedness. (4) Multiply the present value of the school property by the assessed valuation of the territory which is to be cut off. That product, divided by the assessed valuation of the undivided district, gives the amount due to the territory which is to be cut off. SECOND RULE. To be applied in dividing such school property as consists of moneys received by the undivided district from the state and county school funds: (1) Find the number of children of school age residing in the undivided district, as given in the last annual report of the clerk of the district. (2) Find, in like manner, the number of children of school age residing in the territory which is to be cut off, and which does not retain the school roperty. (3) Find the amount of state and county school money remain- 7 Sch. Laws. 98 COUNTY SUPERINTENDENT. [CH. 9 have been lost or destroyed, it shall be the duty of the superin- tendent of public instruction of said county to reestablish said lines as nearly as possible upon the lines theretofore es- tablished, and for this purpose he may examine such wit- nesses as to him or the parties in interest shall seem proper and sufficient to give him such information as is necessary to carry out the provisions of this act. (Laws 1911, ch. 274, sec. 1.) 259. Boundary Lines Reestablished in Case of Error. [8898] That in any county where the records of the boundary lines of school districts heretofore established have been lost or destroyed, and an attempt has been made to reestablish said lines, where it becomes evident to the county superintend- ent that the attempted reestablishment has been wrong and that a mistake has been made in the reestablishment, the said superintendent shall have the same right to reestablish said lines as conferred in section 1 herein, notwithstanding the at- tempted reestablishment heretofore made. (Laws 1911, ch. 274, sec. 2.) 260. Indebtedness of Depopulated District. [8920] That when a school district having a floating indebtedness, consist- ing of outstanding school orders, is now or shall hereafter become depopulated, it shall be the duty of the county commis- sioners, on information furnished by the county superintend- ent, to provide for the payment of such outstanding indebted- ness by making a levy of taxes therefor upon the property of such depopulated district, which shall be extended by the county clerk on the tax-roll the same as other taxes ; provided, that no levy shall exceed twenty mills 62 on the dollar in any one year. (Laws of 1893, ch. 135, sec. 1.) 261. County Treasurer Shall Pay Orders. [8921] That the county treasurer shall pay all school orders mentioned in the preceding section out of any funds standing to the credit of the school district on which said school orders are drawn ; provided, that the county superintendent's order for the pay- ing in the treasury of the undivided district at the time the division is made after discharging all indebtedness except bonded indebtedness. (4) Multiply the residue of state and county school moneys by the number of children residing in the territory which is to be cut off. That product, divided by the number of children of school age residing in the undivided district, gives the amount of state and county school moneys due to the territory which is to be cut off. The same principle of division of property is to be followed in case the new district is formed from parts of two or more districts. The county superintendent of public instruction should make the division of school property at the time of forming a new school district, but his failure to do so at the time does not impair the rights of said district. 62. Four mills. Changed by Laws 1909, ch. 245, sec. 25 (section 536 of this book). Cl. 9] COUNTY SUPERINTENDENT. 99 m -nt of the same shall be attached to such school order. (Laws 1^93, ch. 135, sec. 2.) 262. Depopulated District May be Disorganized. [8922] T iat the county superintendent may, in his discretion, after al indebtedness 63 has been fully paid and canceled, declare si ch depopulated school district disorganized, and attach the territory belonging thereto to adjoining school districts. ( ,aws 1893, ch. 135, sec. 3.) 263. When District Depopulated. [8923] The term "de- populated school district" as used in this act shall be held to n ean a school district having fewer than five legal voters tl erein and fewer than seven persons between the ages of five a id twenty-one years ; such fact to be determined by the c >unty superintendent. It shall be the duty of the county su- f Brintendent, upon the filing of a written request by the holder o : an outstanding school order, to make an investigation of t le school district issuing such order, and report to the board cc county commissioners the facts as to the population as aforesaid; and such report shall be conclusive on that ques- t on. (Laws 1907, ch. 322, sec. 1.) 264. Partially Depopulated Districts May Be Disorgan- ized. [8924] That the superintendent of public instruction ii any county is hereby empowered to disorganize partially c epopulated school districts in his county ; or in counties where joint school districts exist, the superintendent having juris- diction over the major portion of said school districts shall have full power to act, and the officers in said county shall have full control to levy tax, and certify the same to the proper officers out of said county having taxable property in said joint school district, who shall place the same on the tax- rolls of their respective counties, and collect the same as other school tax levied in their respective counties, and when col- lected they shall pay the same to the proper officers of said oounty in which said major portion is located, taking a receipt ;herefor, and the county treasurer and county superintendent shall proceed to disburse said funds so collected the same as in section 7 64 of this act. (Laws 1901, ch. 307, sec. 1.) 265. Partially Depopulated District Defined. [8925] For the purposes of this act, a school district shall be deemed par- tially depopulated when the number of persons resident thereof over the age of five years and under the age of twenty- one years shall be less than twelve. (Laws 1907, ch. 323, c.l.) 266. Petition for Disorganization. [8926] That such action shall not be taken by the county superintendent of any such county unless there shall be presented to him a petition se y 63. Docs not refer to bonded indebtedness. 64. See section 269 of this book. 100 COUNTY SUPERINTENDENT. [CH. 9 signed by two-thirds of the bona fide residents of such school district having the qualifications of school-district electors, and who have resided continuously for one year in said school district, requesting such disorganization; provided, that such disorganization shall not be final until approved by the board of county commissioners of the county in which the disorgan- ized school district is situated; and provided further, that in any such school district where the whole number of district electors shall be less than six, and the number of residents of such district over the age of five years and under the age of twenty-one years shall be less than five, the county superin- tendent shall act without petition, when so directed by the board of county commissioners of such county. (Laws 1901, ch. 307, sec. 3.) 267. Territory Attached to Adjacent District. [8927] The county superintendent may attach the territory of any school district disorganized under the provisions of this act to any adjacent school district or school districts, but such attach- ment shall not become effective until approved by the board of county commssioners. (Laws 1901, ch. 307, sec. 4.) 268. Floating Indebtedness of Disorganized District. [8929] That if any school district so disorganized shall at the time of its disorganization have a floating indebtedness con- sisting of outstanding school orders, it shall be the duty of the county commissioners of the county, on information furnished by the county superintendent, to provide for the payment of such outstanding indebtedness by making a levy of taxes therefor upon all the real and personal property in the terri- tory of the disorganized school district, which tax shall be entered by the clerk of the county on the tax-roll the same as other taxes ; provided, that no such levy shall exceed ten mills 65 on the dollar of the assessed valuation in any one year. (Laws 1901, ch. 307, sec. 6.) NOTE. See section 42 of this book for disposition of bonded indebted- ness of disorganized school districts. 269. Orders Paid by County Treasurer. [8930] That the county treasurer shall pay all school orders mentioned in the preceding section out of any fund collected from the school taxes created by the special levy provided for in section 6 of this act; 66 provided, that no such school order shall be paid unless accompanied by an order from the county superintend- ent directing its payment. (Laws 1901, ch. 307, sec. 7.) 270. Disposition of Funds. [8931] If at the time of the disorganization of any school district as herein provided for such district shall have in the hands of its treasurer or of 65. Two and one-half mills. Changed by Laws 1909, ch. 245, sec. 25 (section 536 of this book). 66. Section 268 of this book. I CH. 9] COUNTY SUPERINTENDENT. 101 t ie county treasurer of the county moneys belonging to it, or a ly unpaid taxes levied for the payment of its indebtedness, I mded or floating, such money shall be first applied to its indebtedness, floating or bonded; and if any money remain 1 lereafter, then such money shall be distributed among the s :hool districts to which such territory shall be attached, in .^jch manner and amount as shall be directed by the county superintendent, who shall include in the order for the disor- j anization of such district an order for the distribution of its i loneys as herein provided. (Laws 1901, ch. 307, sec. 8.) 271. Disposition of Property. [8932] The buildings and -ther property which may belong to any school district which nay be hereafter disorganized shall be sold by the county ,uperintendent to the highest bidder for cash in hand, after laving given thirty days' public notice thereof by publication n a newspaper published in said county and by posting not ess than five written or printed notices in conspicuous places n said district. The proceeds of said sale shall be deposited with the county treasurer of said county and shall be applied to the payment of debts of said school district, giving the preference to floating debts, if there be any. If there be no debts, or if there be any proceeds left after the payment of debts, said proceeds shall be turned into the county school fund for the use and benefit of the school district to which said disorganized territory is attached; provided, that the school district to which said territory is attached may bid for and purchase said property and pay for same out of general fund. (Laws 1901, ch. 307, sec. 9.) 212. Territory Not Liable for Debts. [8933] The ter- ritory of any school district so disorganized shall not be liable for any debt, floating or bonded, or any contract of any district to which it may be attached existing at the time of such attach- ment. (Laws 1901, ch. 307, sec. 10.) 273. Annexation of School Districts. Whenever any school district shall fail or neglect to maintain a school for at least seven months in each year for a period of three successive years, such school district shall be disorganized by the county superintendent of public instruction and the territory thereof shall be attached to adjoining districts ; provided, that this act shall not apply to any school district which shall have made provision according to law for sending its pupils to other schools and for the payment of transportation and tuition, unless such district shall be adjacent to a school district in- cluding a city of the third class. Whenever any school district adjacent to a district including a city of the third class, which city is located in a county having a population of not more than 7000, shall fail or neglect to maintain a school for at least seven months in each year for a period of three consecutive years, )H.9 102 COUNTY SUPERINTENDENT. [Cn. said adjacent district shall be disorganized by the county su- perintendent of public instruction and the territory thereof shall be attached to the district including said city of the third class. (Laws 1917, ch. 275, sec. 1.) 274. Floating Indebtedness of Districts Annexed. If any school district disorganized as provided in this act shall, at the time of its disorganization, have a floating indebtedness con- sisting of outstanding school orders, it shall be the duty of the county commissioners, on information furnished by the county superintendent of public instruction, to provide for the pay- ment of such outstanding indebtedness by making a levy of taxes therefor upon the taxable property in the territory of such district, which tax levy shall be entered by the county clerk on the tax roll the same as other taxes ; provided, that no such levy shall exceed four and one-half mills in any one year. The county treasurer shall pay all school orders herein men- tioned out of any funds standing to the credit of the school district or collected from the tax created by the special levy herein provided for ; provided, that no such school order shall be paid unless accompanied by an order from the county super- intendent of public instruction directing its payment. (Laws 1917, ch. 275, sec. 2.) 275. Property and Bonded Indebtedness of Annexed Dis- tricts. Any money, unpaid taxes, buildings, or other property which may belong to any school district which may be dis- organized as provided in this act shall be applied as provided in sections 8931 and 8932 of the General Statutes of 1915; and any bonded indebtedness existing at the time of the disorgani- zation of such district shall be paid as provided in section 8928 of the General Statutes of 1915. (Laws 1917, ch. 275, sec. 3.) 276. Other Duties; Deputy. [8893] He shall discharge such other duties as may be prescribed by law, and in case of sickness or temporary absence he may employ a deputy. He shall deliver to his successor, within ten days after the expira- tion of his term of office, all books and papers appertaining to his office. (Laws 1881, ch. 152, sec. 14.) 277. Neglect or Refusal to Perform Duty. [8894] Every county superintendent who shall neglect or refuse to perform any act which it is his duty to perform, or shall corruptly or oppressively perform any such duty, he shall forfeit his office, and shall be liable on his official bond for all damages oc- casioned thereby, to be recovered in the name of the state for the benefit of the proper party, district, or county. (Laws 1881, ch. 152, sec. 15.) 278. Agent of State Orphans' Home. 67 [9697] The su- perintendents of public instruction in the several counties of 67. This section is probably repealed by implication by the following laws: Sections 44, 45 and 46, chapter 353, Laws of 1901; section 6, chap- ter 482, Laws of 1903; section 13, chapter 475, Laws of 1905. COUNTY SUPERINTENDENT. 103 th 5 state are hereby designated as the agents of the Soldiers' 68 0; phans' Home in their respective counties. It shall be the di ty of said agents to visit the children who are placed in h( mes in their respective counties twice each year, and at such ot ler times as the superintendent of the home may request ; ai d they shall make written reports of the condition of each cl ild visited, upon blanks to be provided by the board of trus- t( as for that purpose, and forward the same to the superin- tc ndent of the home, who shall record and file the same in a p -oper manner. Said agents shall receive, as full compensa- ti )n for the services performed under the provisions of this act, tl >eir actual necessary official expenses, together with the sum : three dollars, in full for all services and report of each case v sited, but not exceeding three dollars for any day's services. ^ 11 accounts for such services shall be rendered to the super- 1 itendent of said home, and shall be verified, audited and paid i i the same manner as other accounts against said home are I aid. (Laws 1889, ch. 236, sec. 6.) 279. Trespassers on School Lands. [9224] It shall be t he duty of the county superintendent of public instruction, the ( istrict directors, clerks and treasurers, and all sheriffs and ( onstables, to take notice of all trespasses committed on school- lands in their respective counties, and immediately file a com- ] >laint against any person violating this act, before the proper authorities. (Laws 1876, ch. 122, art. 14, sec. 30.) 68. The name was changed to "State Orphans' Home" in 1909. 104 SCHOOL DISTRICTS. [CH. 10 CHAPTER X. Districts. ARTICLE I. School District. 280. When organized. 281. Body corporate. 282. Formation of joint districts. 283. Name of joint district; alteration of boundaries. 284. Appeal to state superintendent. 285. Joint-district fund. 286. Annual and special meetings. 287. Business of annual meeting at spe- cial meeting. 288. Notice of meetings. 289. Qualified voters. 290. Challenge. 291. Powers of district meeting. 292. Limitation of levy. 293. School term. 294. Minimum term. 295. State and county aid. 296. Duties of county superintendent and county commissioners. 297. Duties of county superintendent, state superintendent and state treasurer. 298. Amount apportioned to each district. 299. County superintendent to provide a school, when; penalty. 300. Restrictions on the formation of new districts. 301. Appropriation for state. 302. Auditor to draw warrants. 303. School discontinued; pupils sent to adjacent districts ; compensation. 304. District board may provide trans- portation. 305. District may send pupils to other schools; expenses. 306. May send children to more conven- ient school; privilege of property owner. 307. Change of site. 308. Appraisement. 309. Site condemned. 310. Schoolhouse site acquired from school lands. 311. Territory annexed to city. 312. Distribution of property. 313. Appeal. 280. When Organized. [8899] Every school district shall be deemed duly organized when the officers constituting the district board shall have been elected and qualified, and shall have signified their acceptance to the county superin- tendent in writing, which the superintendent shall file in his office. 69 (Laws 1876, ch. 122, art. 3, sec. 1.) 281. Body Corporate. [8900] Every school district or- ganized in pursuance of this act shall be a body corporate, and shall possess the usual powers of a corporation for public pur- poses, by the name and style of school district No. (such a number as may be designed by the county superintendent) , county) (the name of the county in which the district is situated), state of Kansas, and in that name may sue and be sued, and be capable of contracting and being contracted with, and holding such real and personal estate as it may come into possession of by will or otherwise, or as is authorized to be purchased by the provisions of this act. (Laws 1876, ch. 122, art. 3, sec. 2.) 282. Formation of Joint Districts. [8901] When it shall become necessary to form a school district lying partly in two or more counties, the county superintendents of the counties in which the said tract of country shall be situated, when ap- plication shall be made in writing to any one of them by five householders, residents therein, shall, if by them deemed necessary, meet and proceed to lay off and form the same into a school district, issue notices for the first district meeting, and shall file the proper papers in their respective offices ; provided, 69. Officers elected at the first district meeting hold office only until the next annual meeting. rming new districts ; and the officers chosen at such special Meeting shall hold their offices until the next annual meeting, j.nd until their successors are elected and qualified. (Laws ] 876, ch. 122, art. 3, sec. 7.) 288. Notice of Meetings. [8910] It shall be the duty ( f the clerk to give at least ten days' notice previous to any i nnual or special district meeting, by posting up notices 1 hereof at three or more public places in the district, one of * /hich notices shall be affixed to the outer door of the school- ] .ouse, if there be one in the district, and said clerk shall give 1 he like notice of every adjourned meeting, when such meeting : hall have been adjourned for a longer period than one month. Cvery notice for a special district meeting shall specify the bjects for which such meeting is called, and no business shall >e acted upon at any special meeting not specified in said lotice. (Laws 1876, ch. 122, art. 3, sec. 8.) 289. Qualified Voters. [8911] The following persons >hall be entitled to vote at any district meeting: (1) All per- sons possessing the qualifications of electors as defined by the constitution of the state, and who shall have been in good faith Residents of the district for thirty 72 days next prior to the ;ime of offering to vote at said election. (2) All female per- sons over the age of twenty-one years, not subject to the dis- qualifications named in section 2, 73 article 5, of the constitu- tion of the state, and who shall be residents in good faith in the district for thirty days next prior to the time of offering to vote at said election. 74 (Laws 1889, ch. 123, sec. 1.) 290. Challenge. [8912] If any person offering to vote at a school-district meeting shall be challenged as unqualified by any legal voter, the chairman presiding shall declare to the person challenged the qualifications of a voter, and if such challenge be not withdrawn, the chairman, who is hereby au- 71. Notices of special meetings must be posted as required by law. A failure to so post them will invalidate the action of the meeting. 72. Voters who have come into a district by reason of attachment of territory to said district, by disorganization of said voters' original dis- trict by any legal process, retain all rights of suffrage at school elections and meetings, regardless of the thirty-day restriction. 73. See section 196, General Statutes of 1915. 74. Naturalization. A woman of foreign birth who is the wife of a naturalized foreigner, but who has not herself taken out naturalization papers, is entitled to vote at any school-district meeting, provided she possesses the other necessary qualifications. The naturalization of the husband naturalizes the wife and all children who are under the age of twenty-one years. : 108 SCHOOL DISTRICTS. [CH. thorized, shall tender to the person offering to vote the follow- ing oath or affirmation: "You do solemnly swear (or affirm) that you are an actual resident of this school district, and that you are qualified by law to vote at this meeting." Any person taking such oath or affirmation shall be entitled to vote on all questions voted upon at such meeting. (Laws 1876, ch. 122, art. 3, sec. 10.) 291. Powers of District Meeting. [8913] The inhabi- tants qualified to vote at a school meeting lawfully assembled shall have power : First, to appoint a chairman to preside over said meeting in the absence of the director; second, to adjourn from time to time ; 75 third, to choose a director, clerk and treas- urer, who shall possess the qualifications of voters; fourth, to designate by vote a site for a district schoolhouse ; fifth, to vote a sum annually, not exceeding the limit fixed by law, 76 as the meeting shall deem sufficient, for the various school purposes 77 and for the payment of any floating indebtedness of the dis- trict, and distribute the amount as the meeting shall deem proper in the payment of teachers' wages and to purchase or lease a site (provided, when not included within the limits of a town or village, said site shall not contain less than one acre), and to build, hire or purchase such schoolhouse, 78 and to keep in repair and furnish the same with the necessary fuel and ap- pendages, and to pay any floating indebtedness of the school district; sixth, to authorize and direct the sale of any school- house, site or other property belonging to the district when the same shall no longer be needful for the use of the district; seventh, to give such direction and make such provision as may be deemed necessary in relation to prosecution or defense of any suit or proceedings in which the district may be a party. (Laws 1909, ch. 214, sec. 1.) 292. Limitation of Levy. [11382] The authority of the qualified voters of any school district at the annual meeting, as provided, to vote a tax for general school purposes is hereby limited to the extent that no tax shall be voted for such pur- pose at any such meeting which shall be in excess of four and 75. Adjournment. A district meeting has the right to adjourn from time to time, and if an adjournment is taken to a particular time, any business can be transacted at this adjourned session that might have been transacted at the regular meeting. No additional notice is necessary, unless the meeting shall have been adjourned for a longer period than one month. (See sec. 288.) 76. Limited to four and one-half mills, Laws 1911, ch. 268, sec. 2 (see sections 295, 298 and 362 of this book). For means of increasing this amount, see Laws 1909, ch. 245, sec. 27 (section 538 of this book). The levy must be made in money and not in mills. 77. More than one school may be established within a school district. 78. A tax may also be levied for the purpose of purchasing a district library. (See section 542 of this book.) C] . 10] SCHOOL DISTRICTS. 109 ore-half mills 79 upon the dollar of all the taxable property of ai y such school district ; provided that any school district in w lich is located a city of the third class and which maintains ai accredited high school may vote a tax which shall not be in e>; cess of six mills 79 upon the dollar of the taxable property of sii id district. (Laws 1915, ch. 358, sec. 1.) 293. School Term. [8914] The qualified voters at each ai nual meeting, or any special meeting duly called, may de- t( rmine the length of time a school shall be taught in their d strict for the ensuing year, which shall not be less than three iranths, and whether the school money to which the district n ay be entitled shall be applied to the support of the summer o winter term of school or a certain portion of each ; but if s ich matters shall not be determined at the annual or any s ecial meeting, it shall be the duty of the district board to d itermine the same. 80 (Laws 1903, ch. 436, sec. 1.) 294. Minimum Term. [9427] That all school districts ii. which provision is not made for the free tuition and com- f >rtable transportation of all pupils to a public school in some ;her school district or districts for not less than seven months e ich school year shall maintain a public school for a period of n ot less than seven months between the 1st day of September and the 1st day of the following June. Cities of the first and s 3cond class shall maintain not less than eight months of school each school year. (Laws 1911, ch. 268, sec. 1.) 295. State and County Aid. [9428] That for the pur- 1 ose of providing at least seven months of school each year for all the youth of this state, whose parents or guardians live in public-school districts the funds of which are not sufficient to riaintain school for seven months, there shall be paid to each such district by the state, as hereinafter provided, three- fourths of the difference between the amount necessary to maintain seven months' school and the annual income of the district from all sources, and the remaining deficiency to the amount of one-fourth shall be a proper charge upon the county Nmd paid as other county expenditures; provided, that no aid hall be given any public-school district unless said district shall lave voted an amount of money representing not less than four ind one-half mills of the assessed valuation of such district; and provided further, that all districts receiving aid under the provisions of this act shall follow the course of study as pre- scribed by the State Board of Education and shall employ a lualified teacher recommended by the county superintendent (Laws 1911, ch. 268, sec. 2.) 79. The levy may be increased as provided in section 538 of this book. 80. The electors, at the annual or a special meeting, have no power > determine who shall or who shall not be employed as teacher, or the Nttpensation such teacher shall receive. These are questions to be deter- lined by the district board. 110 SCHOOL DISTRICTS. [CH. 10 296. Duties of County Superintendent and County Com- missioners. [9429] That it shall be the duty of the superin- tendent of each county within the state on or before August 1st of each year, under oath, to certify to the county clerk an estimated amount that will be due the several school districts under the provisions of this act from the county (and it shall then be the duty of the commissioners to provide a levy suffi- cient to raise the amount required for the current school year) ; provided, that such estimate shall include a statement as to each district concerned as to valuation, area, school cen- sus and proposed total expenditures for teacher and incidental expenses. (Laws 1911, ch. 268, sec. 3.) 297. Duties of County Superintendent, State Superin- tendent and State Treasurer. [9430] That it shall be the duty of the superintendent of each county within the state, on or before the second Monday in January of each year, under oath, to certify to the county treasurer the total amount due each district from the state and from the county, and also to certify to the state superintendent of public instruction the number of each school district in his county entitled to state and county aid under the provisions of this act, the tax levy for each, the expenditures of each, the amount due each from the state, the area, the school census, and such other items as the state superintendent may require. It shall be the duty of the state superintendent, on or before the last Monday in March of each year, to certify the amount of state aid due the several districts under the provisions of this act to the several county treasurers, and the amount due each county to the state auditor, and the state auditor shall draw warrants on the state treas- urer in favor of the various counties for the sums specified by the state superintendent. The state treasurer shall remit said amount to the county treasurers of the several counties entitled to the same, who shall place the amounts to the credit of the proper districts of their respective counties in accordance with the instruction of the state superintendent and as certified by the county superintendent; provided, that at the same time the several amounts due from the county to said districts shall be placed to the credit of such districts. (Laws 1911, ch. 268, sec. 4.) 298. Amount Apportioned to Each District. [9431] That to determine the amount to be apportioned to each district, the county superintendents shall find the estimated expenditures of the district for the current year and subtract therefrom the estimated income of that district from all sources for the cur- rent year. The estimated income for the current year shall be the sum of all moneys belonging to the district on hand in the district and county treasuries, plus the amount which a levy of a four and one-half mills tax upon the assessed value of the district will raise, plus the estimated apportionment of the tf. 10] SCHOOL DISTRICTS. Ill . s ate and county funds, as now provided by law. The esti- n ated expenditures for the current year shall be the amount necessary to provide for a teacher, fuel and incidentals, and t< maintain school for seven months ; and shall not exceed the s im of $450 for any one year to schools receiving such state a id county aid. (Laws 1911, ch. 268, sec. 5.) 299. County Superintendent to Provide a School, When; I enalty. [9432] That upon the failure of any school dis- 1 ,'ict to carry out the provisions of section 1 of this act the c ounty superintendent shall make the required tax levy and ( artify the same to the county clerk and proceed to carry out ^aid provisions; and after September 1, the school district i eglecting to act, he shall employ a teacher and make all neces- tary provisions for a seven months' term of school, and the ( istrict treasurer shall pay such itemized expenses as are cer- 1 ified to by the county superintendent. The county superin- 1 endent shall be liable under section 7395 of the General Stat- ites of 1909 for neglect or refusal to perform his duties as ; .rovided in this act. (Laws 1911, ch. 268, sec. 6.) 300. Restrictions on the Formation of New Districts. 9433] That new districts shall not be formed with an assessed valuation of less than $100,000, and territory shall not be de- ached from any school district the assessed valuation of prop- erty of which is less than $100,000, or the valuation of prop- erty of which would thereby be reduced below $100,000. (Laws 1911, ch. 268, sec. 7.) 301. Appropriation for State Aid to Rural Schools. That for the purpose of carrying out the provisions of chapter 268, Session Laws of 1911, providing for state aid for certain school districts there is hereby appropriated out of any money in the state treasury not otherwise appropriated, the sum of twenty- five thousand dollars, for the fiscal year ending June 30, 1918, and the sum of twenty-five thousand dollars for the fiscal year ending June 30, 1919; provided, that if the amount so appro- priated is not sufficient to pay the full sum to which each dis- trict is entitled under the provisions of said chapter 268, Session Laws of 1911, that it shall be divided pro rata among the several districts in proportion, for the amount asked for by the county superintendent ; provided further, that the one- fourth to be paid by the county shall, if insufficient, be pro- rated among the districts entitled to such aid. (Laws 1917, ch. 49, sec. 1.) 302. Auditor to Draw Warrants. The auditor of state is hereby authorized to draw his warrants upon the treasurer of state for the purposes of carrying out the provisions of K chapter 268, Session Laws of 1911, and in accordance with the provisions thereof. (Laws 1917, ch. 49, sec. 2.) 112 SCHOOL DISTRICTS. [CH. 10 303. School Discontinued; Pupils Sent to Adjacent Dis- tricts; Compensation. [9434] That the provisions of this act shall not apply to districts having an enumeration of less than fifteen children of school age, unless said districts embrace an area of twelve square miles or more ; provided, that whenever the number of children of school age in any school district having an area of less than twelve square miles shall be found to be less than fifteen by the annual school census no school shall be maintained in such school district during the following year (unless such a district by reason of its valuation is able to maintain a seven months' school without state or county aid) , and the district board of such district shall make provision for sending, for a period of not less than seven months, the pupils of such school district to such school or schools in an adjacent district or districts as said district board may determine ; pro- vided, that there is a school in an adjacent district to which said district may send the pupils. As full compensation for the tuition of said pupils the treasurer of the district from which said pupils are sent shall pay, in the manner prescribed by law, to the treasurer of the district or to the board of education of the school to which said pupils are sent an amount not to ex- ceed the average cost per pupil per week for maintaining the school, exclusive of school buildings, school site and permanent improvements ; provided further, that the district board of the district in which school is discontinued shall provide for the transportation of the pupils of said district, living two miles or more from the school to which said pupils are sent, to such school or schools in a safe and comfortable and enclosed con- veyance or conveyances, properly heated, and the expense of such transportation shall be paid by the school district in which school has been discontinued; provided further, that when any school district within the provisions of this act, hav- ing voted an amount of money representing not less than four and one-half mills of the assessed valuation of such district, finds its funds insufficient to pay the tuition and cost of trans- portation as herein provided, the state shall pay to said district schools three-fourths of the difference between the amount raised by said district from all sources for school purposes and the cost of tuition and transportation of pupils therein, and the county shall pay from the general fund one-fourth of said difference ; provided, that not more than seventy-five dol- lars shall be given to any district whose school has been dis- continued according to the provisions of this act ; and provided further, that pupils attending school in another school district under the provisions of this act shall have the same legal rights, including the right of admission, and be under the same jurisdiction as the pupils residing in the school district in which the school is conducted; provided, that such admission shall not involve the addition of a school building or school buildings, or the employment of an additional teacher; pro- CH. 10] SCHOOL DISTRICTS. 113 vi led, that any district having an area of less than twelve S( uare miles and a school population of less than fifteen may n; lintain its school for not less than seven months each year, ai d such district shall not receive state and county aid in ex- ec ss of fifty dollars. (Laws 1911, ch. 268, sec. 9.) 304. District Board May Provide Transportation ; Com- p< nsation for Conveyance. The district board of any school district may provide for the comfortable transportation, in a s; fe and enclosed conveyance or conveyances, properly heated, pupils of said school districts who live two or more miles, b * the usually traveled road, from the school attended ; and s Ad district board shall provide such transportation for pupils v ho live three or more miles, by the usually traveled road, from t] .e school attended ; or, in lieu thereof, said board shall allow a $ compensation for the conveyance of pupils to and from the s thool to the parent or guardian of any pupil living three or r iore miles from the school attended, a sum not less than fifteen c ints per day ; provided further, that where the pupils of two c r more families are conveyed by the same conveyance the parent or guardian of each family shall be entitled to such compensation as provided for by this act; and shall allow to t le parent or guardian of any pupils living five or more miles 1 rom the school attended the sum of twenty-five cents per day, i or as many days in -each year as the school shall be in session ; 1 rovided, that no such compensation shall be allowed unless the pupils are actually conveyed to and from school. The dis- t rict board shall have authority to make such rules and regula- tions as may be necessary for carrying out the provisions of this act. (Laws 1917, ch. 277, sec. 1.) 305. District May Send Children to Other Schools; Ex- enses. That section 8918 of General Statutes of 1915 be amended to read as follows: Sec. 8918. In any school dis- Irict, if in the judgment of the district board, the county su- perintendent of public instruction concurring, the number of children in said district shall not be sufficient to warrant the maintenance of a school in said district, the district, at the annual meeting or at a special meeting duly called for this ourpose, may make provision for sending the children of such iistrict to the school or schools of some other district or dis- tricts and for the payement of the cost of tuition and the cost of transportation as herein provided. The district board shall provide for the transportation in a safe, comfortable, and enclosed conveyance or conveyances, properly heated, of the pupils of said district who live two or more miles from the school to which they are sent; or, in lieu of furnishing trans- portation, the district board may allow the parent or guardian of any pupil or pupils, as compensation for expenses, a sum not in excess of the amount which would otherwise be paid BDr the transportation of such pupils ; provided, that no such 8 Sch. Laws. : 114 SCHOOL DISTRICTS. [CH. 10 compensation shall be allowed unless such pupil or pupils ac- tually attend the school designated by the district board and comply with the regulations which may be made by said board. For the payment of tuition, transportation and other expenses as herein provided, warrants shall be drawn by the clerk of the district board and paid by the treasurer in the manner provided by law; provided, that such discontinuance of the school in said district shall not bar the district from its share of the state school fund, if said children are continued in the school or schools of other districts the full time required by the law for the maintenance of schools in the districts. (Laws 1917, ch. 277, sec. 2.) 306. May Send Children to More Convenient School; Privilege of Property Owner. [8919] If in any school district there are children for whom it will be more convenient, by reason of distance from the school of the district where they live, to attend school in another district, the annual school meeting may make an order sending such children to the school of some other convenient district, 81 and the school board is hereby authorized to issue the warrants of the district in pay- ment of the extra expense and tuition of such children; pro- vided, that not exceeding four dollars per months shall be paid for each child ; provided further, that the children of any property-owner owning land in any adjoining school district, other than in towns and incorporated cities, may have the privilege of attending school in such adjoining district with- out extra expense and tuition when such school is more con- venient by reason of distance from the school of the district in which they live. 82 (Laws 1907, ch. 321, sec. 2.) 307. Change of Site. 83 [8915] That school districts having schoolhouses the value of which is not less than $400, the schoolhouse site shall not be changed except by a vote of at least two-thirds of the legal voters of such district in favor of such change ; and in districts where the value of the school- house is less than $400, the schoolhouse site shall not be changed except by a vote of a majority of the legal voters of the district in favor of such change. (Laws 1903, ch. 428, sec. 1.) 308. Appraisement. [8916] The value of schoolhouses in districts desiring to change the schoolhouse site shall be de- termined by three appraisers appointed by the county com- missioners. (Laws 1903, ch. 428, sec. 2.) 81. It is not mandatory on a school district to receive the pupils or- dered to be sent to it in accordance with this provision. 82. The supreme court has decided that this provision is constitu- tional. (See, Evans v. School District No. 46, 81 Kan. 385.) 83. The vote to locate the school site after it has been changed re- quires only a majority of those voting on the proposition. C I. 10] SCHOOL DISTRICTS. 115 309. Site Condemned. 84 [8917] In case any school dis- ti ict or the board of education of any city of the second class c; n not by purchase at reasonable rates, or by donation or o" herwise, obtain title to the site selected by such school dis- ti ict ; or if it be deemed advisable by such school district or by tl e district board to add other ground to any schoolhouse site a ready selected ; or if, in good faith, but by mistake or other- v ise, a schoolhouse has been or shall be erected wholly or p irtially upon any land or lot to which said school district at t le time of the erection of such school building, or any addi- t on thereto, had not acquired title, then, and in any such c ises, upon the written application of the district board of s ich school district, or a majority of the board, it shall be the c uty of the probate judge of the county in which such school c istrict is situated to appoint three disinterested freeholders c f such county, and not residents of such school district, to c Dndemn and appraise such site, or addition thereto ; and in c ase such land or lot condemned and appraised shall be an c riginal selection for a schoolhouse site, the amount so con- ( emned and appraised shall not exceed one and one-half acres ; i nd if it be for an addition to an existing site, the additional i mount condemned and appraised shall not, with the original fite, exceed one and one-half acres. Immediately after their appointment, such appraisers shall proceed, and condemn and appraise the value of the site so selected, or the addition to { uch existing site. And they shall, within ten days thereafter, nake and sign a report describing the land or lot so con- demned, the purpose for which it was so condemned, and the appraised value thereof, which report shall be by them filed n the office of the register of deeds of the county in which ;uch land or lot is situated, and by such register duly recorded, is other instruments of writing affecting the title to real Bstate are recorded. In appraising any schoolhouse site, or addition thereto, to which such school district had not title at the time of erecting any schoolhouse, or addition thereto, thereon, said appraisers shall exclude from their appraisement the value of such schoolhouse, or addition, and appraise such land or lot at its value, exclusive of such building, addition or other improvement placed thereon in good faith, but by mis- take of said school district or said school-district board. Within thirty days after the report of said appraisers is filed in the office of tin* register of deeds, the district board of such school district shall pay to the county treasurer of the county in which such condemned land or lot is situate, for the use of the owner of such lands, or lot, the amount of the appraised value thereof, and also fifty cents for said register of deeds for recording said report. And upon such payment being made to such county treasurer by such district board, the title 84. See sections 119 to 124 of this book. 116 SCHOOL DISTRICTS. [CH. 10 to such site or addition thereto shall vest in such school dis- trict. Either party, the owner of the land or lot condemned or the school district, may appeal from such appraisement to the district court, in the same time and manner that appeals are taken from the judgments of justices of the peace in civil actions. (Laws 1885, ch. 174, sec. 1.) 310. Schoolhouse Site Acquired from School Lands. [9194] Any school district shall be entitled to purchase and acquire for schoolhouse site not exceeding two acres of any school lands situated in such district, but such tract shall be situated on one of the boundary lines of the section or cross- center lines thereof. The price to be paid for such land by the said school district shall be two dollars an acre, and upon presentation to the county clerk of a petition signed by a ma- jority of the legal voters of the school district, and the pay- ment of the purchase price to the county treasurer, the county clerk shall issue the said school district a certificate of pur- chase. Upon the presentation of said certificate of purchase to the auditor of state he shall cause to be issued a patent for said land, but said certificate of purchase and said patent shall recite that upon the failure of said school district to use said land for school purposes the title thereof shall be forfeited and revert to the state of Kansas. (Laws 1909, ch. 218, sec. 8.) 311. Territory Annexed to City. [9455] When all the territory of a school district shall become annexed to a city of the first or second class by the extension of the boundaries of the city, all the school property, including moneys on hand and due to said district, together with all records and papers belonging to said district board, shall be transferred to, and the title vested in, the board of education of such city, and said board of education shall assume and be held responsible for the legitimate floating and bonded indebtedness of such annexed district. (Laws 1893, ch. 128, sec. 1.) 312. Distribution of Property. [9456] When, by the ex- tension of the limits of any city of the first or second class, a part of the territory of an adjacent district is annexed to such city, it shall be the duty of the county superintendent to determine the present value of all the school property of such district, also all money due to or in the hands of the district treasurer, and to equitably apportion the amount due the dis- trict board, or board of education, as the case may be. The amount due to the district board or board of education of such city, when ascertained by the county superintendent, shall be levied upon the taxable property of that district or corpora- tion found to be in debt, and shall be collected in the same manner as if the same had been authorized by the vote of the district board or by the board of education of such city, and when collected it shall be paid to the treasurer of that district ( H. 10] DISTRICT SCHOOLS. 117 r board of education to which it is due. The board of educa- 1 on, or the district board retaining the schoolhouse, shall as- ^ jme the bonded indebtedness incurred in building and furnish- i ig such schoolhouse. All unadjusted claims of cities and ,^:hool districts arising from such annexation previous to the 1 assage of this act shall be adjusted in accordance with pro- A isions of this section. (Laws 1893, ch. 128, sec. 2.) 313. Appeal. [9457] If, in the adjustment of school ; >roperty where a part of a school district has been annexed to . - city of the first or second class, any person or persons shall eel aggrieved by the decision rendered by the county superin- endent, an appeal may be taken to the board of county com- nissioners; but a notice of such appeal must be served upon he county superintendent in writing within ten days after the endition of his decision in adjusting the rights of the school iistrict and the city school district. Such notice shall state 'ully the objections to the action of the county superintendent, a, copy of which shall be filed with the county clerk, and also with the clerk of the district, or with the secretary of the board of education, as the case may be, affected by such decision. Such appeal shall be heard and decided by a majority of the board of county commissioners at their next regular meeting, and their decision shall be final. (Laws 1893, ch. 128, sec. 3.) ARTICLE II. District Schools. 314. Branches taught; instruction in English language. 15. Common school diplomas. 316. Average grade and subjects required. 317. Examination; diplomas; expenses. 18. Questions prepared by state board. 319. Examinations uniform. 320. School month. 321. Free schools. 322. Penalty. 323. Contagious disease. 324. Contagious disease; duty of parents. 325. Tuition fee. 314. Branches Taught; Instruction in English Language. [8985] That in each and every school district shall be taught orthography, reading, writing, English grammar, geography, arithmetic, history of the United States, and history of the state of Kansas, and such other branches as may be determined by the district board; 85 provided, that the instruction given shall be in the English language. 86 (Laws 1903, ch. 435, sec. 1.) $ 315. Common-school Diplomas. [9436] Any person who shall complete the course of study, prescribed by the State Board of Education, for rural schools and the grades in schools having two or more teachers, in a satisfactory manner; who shall give evidence of a good moral character; and who shall fulfill the further requirements of this act, shall be granted a y 85. Instruction must also be given in physiology and hygiene with special reference to the effects of alcoholic stimulants and narcotics. (See section 98 of this book.) 86. The State Board of Education has authority to provide a course of study. (See section 637 of this book.) 118 DISTRICT SCHOOLS. [CH. 10 common school diploma which shall admit such person to en- trance in any high school in the state. (Laws 1913, ch, 271, sec. 1.) 316. Average Grade and Subjects Required. [9437] An average of 80 per cent with no grade below GO per cent shall be required, for graduation, in the following subjects: Reading, writing, spelling, grammar, arithmetic, U. S. history, Kansas history, geography, civil government, agriculture, physiology and classics; provided, that grades of 80 per cent, or more, may be carried as credits and applied as grades for graduation, for a period of two years ; provided, further, that at the option of the county superintendent, credit may be given on school work, which shall not exceed 50 per cent in any one subject; and provided that pupils who have satisfactorily completed the 7th grade in the graded schools, and the 7th and 8th grades in rural schools, may take the examination in subjects that are finished in their respective grades. (Laws 1913, ch. 271, sec. 2.) 317. Examinations; Diplomas; Expenses. [9438] Pub- lic examinations shall be held for rural schools on the first and second Saturdays in April and for graded schools on the first Saturday in May and the Friday next preceding in each year at the county seat or at such place or places as may be desig- nated by the county superintendent of public instruction. At each place so designated the examination shall be conducted by an examining board of two persons, at least one of whom shall not be a teacher of any pupil or pupils writing said exami- nation. The questions shall be opened in the presence of both members of the examining board, on the day and hour set for the examination, notice of which shall be published by the county superintendent at least ten days before the first day on which the examination is held. The papers shall be forwarded to the county superintendent of public instruction and shall be graded by the board of county examiners or under the di- rection of said board by assistants appointed for this purpose by the county superintendent; and diplomas shall be issued by the county examiners. Said examiners and assistants shall be paid from the general funds of the county the amount pro- vided by law for the payment of boards of county examiners for holding county teachers' examinations; and the county shall pay any other legitimate expenses incurred in conducting examinations, issuing diplomas, and holding public graduation exercises. (Laws 1915, ch. 300, sec. 1.) 318. Questions Prepared by State Board. [9439] The questions for the examination provided for in this act shall be prepared by the State Board of Education, and shall be mailed by the state superintendent to the county superintend- ent, at least ten days before they are to be used. (Laws 1913, ch. 271, sec. 4.) CH. 10] DISTRICT SCHOOLS. 119 319. Examinations Uniform. [9440] The examinations p] ovided for in this act shall be uniform, as to date and sub- jc it matter, throughout the state. (Laws 1913, ch. 271, sec. 5.) 320. School Month. [8987] A school month shall con- si ^ of four weeks of five days each, of six hours per day. (i,aws 1876, ch. 122, art. 5, sec. 2.) 321. Free Schools. [8988] The district schools estab- li hed under the provisions of this act shall at all times be e< ually free and accessible to all the children resident therein o -er five and under the age of twenty-one years, subject to s ich regulations as the district board in each may prescribe. ( .aws 1876, ch. 122, art. 5, sec. 3.) 322. Penalty. [8989] The members of any district b )ard willfully violating any of the provisions of this article, o : refusing the admission of any children into the common s ;hools, shall forfeit to the county the sum of $100 each for e /ery month so offending during which such schools are t lught ; and all moneys forfeited to the common-school fund c f the county under this act shall be expended by the county ? uperintendent for the education of such children in the school c istrict denied such equal educational advantages ; provided, that any member of said board who shall protest against the c ction of his said board in excluding any children from equal educational advantages, or in violating any of the provisions ( f this article, shall not be subject to the penalty herein iiamed; and provided further, that the provisions of this act shall not apply to cities of the first or second class. (Laws : 877, ch. 170, sec. 2.) 323. Contagious Disease. [8990] No pupil infected ^vith any contagious disease shall be allowed to attend any common school, or remain in any schoolroom while so in- jected. (Laws 1876, ch. 122, art. 5, sec. 5.) 324. Contagious Disease; Duty of Parents. [10147] No Derson afflicted with any infectious or contagious disease dan- gerous to the public health shall be admitted into any public 3r private school. No parent, guardian, tutor, or other person having charge or control of children, whose residence is in- fected with smallpox, cholera, scarlet fever, diphtheria, epi- demic cerebro-spinal meningitis, or other infectious or conta- gious disease dangerous to the public health, shall allow or permit them to attend any public or private school during e continuance of such infection, or until the premises have n thoroughly disinfected and all danger from contagion has ssed. (Laws 1901, ch. 285, sec. 6.) 325. Tuition Fee. [8991] Whenever there be not pub- lic money enough belonging to any school district to support a public school the length of time determined at the annual meeting, or at a special meeting duly called, the district board, II 120 DISTRICT OFFICERS. [CH. 10 to meet said deficiency, may assess a tuition fee upon each scholar attending such school, the assessment to be propor- tioned to the number of days each pupil has been in actual attendance during the term; provided, that no tuition fee shall be levied upon the scholars in any of the public schools of this state, in accordance with the provisions of this act, unless the entire amount of one per cent for teachers' wages, as required by law, be first assessed upon the taxable property of said school district. (Laws 1876, ch. 122, art. 5, sec. 6.) ARTICLE III. District Officers. 326. 327. 328. 329. 330. 331. 332. 333. 334. 335. 336. 337. 340. 341. 342. 343. 344. 345. 346. District taxes voted but not levied in any year shall be collected with taxes of the year following. 347. District treasurer shall keep account, etc.; shall report in writing at annual meeting. 348. Procedure, if he does not pay over moneys to his successor. 349. Powers and duties of school-district board. 350. Shall have care of property of dis- trict. 351. Use of schoolhouse. 352. Water-closets. 353. The board may remove schoolhouse or other improvement, when. 354. May admit nonresident pupils. 355. Shall hire qualified teachers; may dismiss teachers for cause. 356. Employment of relatives. 357. Contracts void. 358. Records and reports. 359. Shall provide necessary appendages. 360. May suspend a pupil for cause; ap- peal. 361. Shall furnish teachers with daily register; shall visit schools. 362. Taxes; clerk to certify; commission- ers to levy; limit. 363. Judgments. 326. Officers; Term. [8950] The officers of each school district shall be a director, clerk, and treasurer, who shall con- stitute the district board, 87 and who shall be elected and hold their respective offices as follows: At the annual meeting in 1874 there shall be elected a director, who shall hold his office for three years ; a clerk, who shall hold his office for two years ; and a treasurer, who shall hold his office for one year; 88 and thereafter at each annual meeting there shall be elected one member of said board in place of the outgoing member, who shall hold his office for three years, and until his successor 87. The officers of a school district constitute the board of directors in such sense as to be able to transact the school business of the district only when in session as a district board. As the law is silent as to how, when and where the district board shall convene, each board should adopt a set of rules for its own government. 88. The clerk is elected in 1918, the director in 1919, and the treas- urer in 1920. Officers; term of office. Official oath. Forfeiture of office; vacancy, how filled. Duty of directors. Duty of district clerk. Clerk of board and district meetings. Clerk shall draw orders. Clerk's annual report. County treasurers. Treasurer pay no money, when. Clerk of joint district. Penalty for false report. District clerk shall report to county clerk a list of resident taxpayers. Fine for failure to report district tax to county clerk. Report to county superintendent. District and city clerks, and clerks of boards of education, shall re- port bonded indebtedness to county clerk. Fine for not delivering records to successor. District treasurer shall execute bond. Shall pay school moneys, on whose order. Shall receive school moneys from county treasurer, on whose order. ( H. 10] DISTRICT OFFICERS. 121 F iall be elected and qualified. 89 (Laws 1876, ch. 122, art. 4, F JC. 1.) 327. Official Oath. [8951] School-district officers be- f >re entering upon their official duties shall take an oath to i lithf ully perform said duties ; 90 and the chairman of any regular or special meeting is hereby authorized and empow- ered to administer such oath. 91 (Laws 1876, ch. 122, art. 4, B3C.2.) 328. Office Forfeited. [8952] Every person duly elected 1 D the office of director, clerk or treasurer of any school dis- 1 rict, who shall refuse or neglect, without sufficient cause, to < ualify within twenty days after his election or appointment, < r who, having entered upon the duties of his office, shall neg- j act or refuse to perform any duty required of him by the pro- -isions of this act, shall thereby forfeit his right to the office o which he was elected or appointed, and the county superin- endent shall thereupon appoint a suitable person in his -tead. 92 (Laws 1876, ch. 122, art. 4, sec. 3.) 329. Director. [8953] The director of each district ;hall preside at all district meetings, and shall sign all orders Irawn by the clerk, authorized by a district meeting or by the iistrict board, upon the treasurer of the district, for moneys collected or received by him to be disbursed therein. He shall appear, for and in behalf of the district, in all suits brought by or against the district, unless other direction shall be given by the voters of such district, at a district meeting. (Laws 1876, ch. 122, art. 4, sec. 4.) 330. Clerk. [8954] The clerk of each district shall record the proceedings of his district in a book provided by the district for that purpose, and enter therein copies of all re- ports made by him to the county superintendent ; and he shall 89. Compensation of District Officers. Neither the district meeting nor the district board has the right to authorize or direct the payment of any compensation from the public fund to members of the board for their services. See section 287 for the term of officers chosen at special meetings. They hold their offices until their successors are elected and qualified. 90. Neglect of Duty. Where a district officer neglects or refuses to perfom a duty, the proper proceeding to compel performance is a writ of mandamus. 91. A district officer can qualify before the chairman of a district meeting, the county superintendent, or any one authorized by law to I administer oaths. 92. A vacancy can be declared by the county superintendent or some court of competent jurisdiction, only after notice and hearing or an opportunity to be heard. The vacancy being declared, the county superin- tendent shall appoint. A member of the district board can not continue to act as a member thereof after he ceases to be a resident of the district, nor has he the right to appoint a deputy to discharge the duties of the office. See section 250 with regard to filling vacancies on the district board. II 122 DISTRICT OFFICERS. [CH. 10 keep and preserve all records, books and papers belonging to his office, and deliver the same to his successor in office. (Laws 1876, ch. 122, art. 4, sec. 5.) 331. Clerk of the Board and District Meetings. [8955] The said clerk shall be clerk of the district board and of all district meetings, when present; 93 but if such clerk shall not be present at any district meeting, the voters present may appoint a clerk of such meeting, who shall certify the proceed- ings thereof, and the same shall be recorded by the clerk of the district. (Laws 1876, ch. 122, art. 4, sec. 6.) 332. Clerk Shall Draw Orders. [8956] The clerk of the district shall draw orders on the treasurer of the district for moneys in the hands of such treasurer which have been apportioned to or raised by the district, to be applied to the payment of teachers* wages, and apply such money to the pay- ment of the wages of such teachers as shall have been em- ployed by the district board ; and said clerk shall draw orders on the said treasurer for moneys in the hands of such treas- urer, to be disbursed for any other purpose ordered by a dis- trict meeting 94 or by the district board, agreeable to the pro- visions of this act. 95 (Laws 1876, ch. 122, art. 4, sec. 7.) 333. Clerk's Annual Report. 96 [8957] The clerk of each district shall, at least five days previous to the annual meeting in July of each year, make a written report, which he shall sub- mit and read to the legal voters of the district at the annual meeting for their information and consideration. If any change or alteration therein be necessary, the same shall be made, and it shall then be transmitted to the county superin- tendent of public instruction. Said report shall show: (1) The number of children, 97 male or female, designated sepa- rately, residing in the district or part of district on the last day of June previous to the date of such report, over the age 93. In transacting the school business of the district, the members of the board should meet as a district board, the clerk making a complete record of all proceedings. Members of the school-district board have not the right to enter into contract obligating said board outside of a regular meeting, and such meeting is not legal unless all members have been notified of the call for the same. 94. A clerk can legally draw an order upon the treasurer for the disbursement of moneys without a meeting of the district board, if the same has been authorized by a district meeting or by the district board at any prior meeting. Example : Order for teacher's wages. 95. Should the director or other member of the board refuse to sign a legal order, payable to any party legally entitled to receive it, such officer may be compelled, by writ of mandamus, to sign. 96. This section should be amended to be in harmony with section 286 which fixes the date of the annual meeting for the second Friday in April. The school census can not be reported before the annual meeting, since it must show the number of persons of school age on the date of June 30. 97. See sections 213 and 214 of this book. CH. 10] DISTRICT OFFICERS. 123 ' five and under the age of twenty-one years ; (2) the number e : children attending school during the year, their sex, and 1 ranches studied; (3) the length of time a school has been 1 lught in the district by a qualified teacher, the name of the 1 jacher, the length of time taught by each teacher, and wages laid; (4) the amount of money received from the county 1 -easurer, arising from disbursement of the state annual ^ :hool fund, the amount received from district taxes, and the ; mount received from all other sources during the year, and 1 ne manner in which the same has been expended; (5) the j mount of money raised by the district each year, and the pur- oses for which it was raised; (6) the kind of books used in he schools, and such other facts and statistics in regard to the 'listrict school as the county superintendent may require. Xaws 1889, ch. 220, sec. 2.) 334. County Treasurers. [8958] All county treasurers n this state are hereby required to notify clerks of all school listricts in their respective counties, by mail or otherwise, ten (lays prior to the time fixed by law for holding the annual dis- crict meeting, of the amount of money drawn from the treas- ury by the district treasurer of his district since the commence- Iment of the past school year, and shall also state in the same notification the balance remaining on hand, if any, in the county treasury to the credit of the respective districts. (Laws 1889, ch. 220, sec. 3.) $335. Treasurer Pay No Money, When. [8959] The county treasurer shall pay no money to the district treasurers of his county after the close of the school year, June 30, until after the annual district meetings of the school districts have been held. (Laws 1889, ch. 220, sec 4.) 336. Clerk of Joint District. [8960] Whenever a school district shall lie partly in two or more counties, the clerk of such district in making his annual report shall carefully desig- nate the number of children resident in the parts of the counties composing the district, and shall report to the county superintendent of public instruction of each of the counties in which such district may be partly situated. (Laws 1876, ch. 122, art. 4, sec. 9.) 337. Penalty for False Report.- [8961] Every clerk of a district who shall willfully sign a false report to the county superintendent of his county shall be deemed cruiltv of a mis- demeanor, and punished by a fine not exceeding $100, or by imprisonment not exceeding three months. (Laws 1876, ch. 122, art. 4, sec. 10.) 338. Report to County Clerk. [8962] It shall be the duty of the several district clerks in this state to make out a certified list of all persons residing within their respective dis- tricts liable to pay taxes, and transmit the same to the county 124 DISTRICT OFFICERS. [CH. 10 clerks of their respective counties on or before the 25th day of August annually, except in incorporated cities. (Laws 1876, ch. 122, art. 4, sec. 11.) 339. Penalty for Failure to Report. [8963] Any dis- trict clerk who shall fail to report the tax voted by his district to the county clerk, as is provided by law, shall be liable to a fine of not less than fifty dollars; and it is hereby made the duty of the county superintendent to have the provisions of this act enforced. (Laws 1876, ch. 122, art. 4, sec. 12.) 340. Report to County Superintendent. [8964] The district clerk shall report to the county superintendent in writ- ing the names and post-office addresses of the district officers elect, within two weeks after the said officers shall have been elected or appointed and qualified. The clerk shall also report to the county superintendent the time of the commencement of each term of school, within two weeks from the commence- ment of such term. (Laws 1876, ch. 122, art. 4, sec. 13.) 341. Report of Indebtedness. [11580] That in addition to the duties now required by law of the following officers, to wit, township clerks and clerks of incorporated cities, school- district clerks and clerks of boards of education, they shall each of them make and transmit to the clerk of their respec- tive counties, on or before the 5th day of July in each year, a complete certified statement of the floating and bonded in- debtedness, with date of issuing and maturing of outstanding bonds; amount of sinking-fund, if any, for redeeming the same ; and such other information as may be required by the county clerk concerning the financial condition of their re- spective townships, cities, or districts ; and when no outstand- ing indebtedness exists, such fact shall be reported. (Laws 1877, ch. 90, sec. 1.) 342. Records. [8971] Every school-district clerk or treasurer who shall neglect or refuse to deliver to his successor in office all records, books and papers belonging to his office shall be subject to a fine not exceeding fifty dollars. (Laws 1876, ch. 122, art. 4, sec. 20.) 343. Treasurer; Bond. [8965] The treasurer shall exe- cute to the district a bond in double the amount, as near as can be ascertained, to come into his hands as treasurer during the year, with sufficient securities, to be approved by the director and clerk, conditioned to the faithful discharge of the duties of said office. 98 Such bond shall be justified by 98. It is not proper for either the director or the clerk to become surety of the treasurer. It is not necessary that the treasurer's bonds- men be residents of the district, though they ought to reside in the county. The bond becoming insufficient from any cause, the director and clerk may require the bond to be made good. [CM. 10] DISTRICT OFFICERS. 125 tl e affidavit of the principal and his sureties ; provided, that tl e director of the district or the county superintendent of p iblic instruction shall be authorized to administer the oaths in tl e justification of the treasurer and his sureties. And said b >nd shall be filed with the district clerk, and in case of the b -each of any conditions thereof, the director shall cause a s lit to be commenced thereon, in the name of the district, a id the money collected shall be applied by such director to t le use of the district, as the same should have been applied b / the treasurer ; and if such director shall neglect or refuse to r rosecute, then any householder in the district may cause such I rosecution to be instituted. (Laws 1879, ch. 156, sec. 1.) 344. Duties of Treasurer. [8966] The treasurer of each c istrict shall pay out, on the order of the clerk, signed by^the c irector of the district, all public moneys which shall come into 1 is hands for the use of the district." (Laws 1876, ch. 122, j rt. 4, sec. 15.) 345. Receive School Moneys. [8967] The county treas- i rer shall pay to each district treasurer in the county all school i loneys in the county treasury belonging to the district, upon 1he order of the director and clerk of the district; provided, 1 hat said order shall be accompanied by a certificate from the district clerk, stating that the treasurer of the district has (jxecuted and filed his bond as required by law. (Laws 1876, ch. 122, art. 4, sec. 16.) 346. District Taxes. [8968] Where a school district I has been voted, and from the fault or negligence of any >fficer, or any other cause, has not been levied and collected in my year, the same shall be added to and collected with the ;axes of the year following ; and the county treasurer shall pay Dver to the treasurers of the respective school districts all taxes he may have collected for the said districts, on the order of the district clerk, countersigned by the director, subject to the proviso contained in section 52 of this act. 100 (Laws 1876, ch. 122, art. 4, sec. 17.) 347. Records and Reports. [8969] The treasurer shall keep a book in which he shall enter all the moneys received and disbursed by him, specifying particularly the sources from which money has been received and the person or persons to whom and the objects for which the same has been paid out. He shall present to the district, at each annual meeting, a re- port in writing, containing a statement of all moneys received 99. Registration. When a warrant is presented and not paid for want of funds, it is the duty of the treasurer to register the same, and, when the proper funds are received, to pay said warrant, and all others which have been similarly presented, in the regular order of registration. 100. Section 345 of this book. 126 DISTRICT OFFICERS. [CH. 10 by him from the county treasurer during the year; also all moneys collected by him during the year from assessments in the district, and of the disbursements made by him, with the items of such disbursements, and exhibit the vouchers therefor, which report shall be recorded by the district clerk ; and at the close of his term of office shall settle with the district board, and shall hand over to his successor said book, and all receipts, vouchers, orders and papers coming into his hands as treasurer of the district, together with all the moneys remaining in his hands as such treasurer. (Laws 1876, ch. 122, art. 4, sec, 18.) 348. Prosecution for Failure. [8970] If any district treasurer shall refuse or neglect to pay over any money in his hands belonging to the district, it shall be the duty of his suc- cessor in office to prosecute without delay the official bond of such treasurer, for the recovery of such money. 101 (Laws 1876, ch. 122, art. 4, sec. 199.) 349. Powers of Board. [8972] The district board shall purchase or lease such a site for a schoolhouse as shall have been designated by the voters at a district meeting, in the corporate name thereof, and shall build, hire or purchase such schoolhouse as the voters of the district in a district meeting shall have agreed upon, out of the funds provided for that purpose, and make sale of any schoolhouse site or other property of the district, and, if necessary, execute a convey- ance of the same in the name of their office, when lawfully directed by the voters of such district at any regular or special meeting, and shall carry into effect all lawful orders of the district. (Laws 1876, ch. 122, art. 4, sec. 21.) 350. School Property. [8973] The district board shall have the care and keeping of the schoolhouse and other prop- erty belonging to the district. They shall have power to make such rules and regulations relating to the district library as they may deem proper, and to appoint some suitable person to act as librarian, and to take charge of the school apparatus belonging to the district. (Laws 1876, ch. 122, art. 4, sec. 22.) 351. Use of Schoolhouse. [8983] The district board shall have the care and keeping of the schoolhouse and other prop- erty belonging to the district. They are hereby authorized 102 to open the schoolhouse for the use of religious, political, lit- erary, scientific, mechanical, or agricultural societies, or so- cieties for the suppression of crime belonging to their district, for the purpose of holding the business or public meetings of said societies, under such regulations as the school board may adopt ; but it shall be unlawful for the school board to act arbi- 101. See section 342 of this book for penalty for refusing or neglecting to turn over all records to successor. 102. This does not mean that school boards must open the schoolhouse for the purpose mentioned, but that they may, if they think it best to d6 so. ( H. 10] DISTRICT OFFICERS. 127 t -arily or partially in the matter of prescribing regulations for t le use of the schoolhouse ; and any abuse of their powers by t le school-district board may be corrected by the district court 1 irough mandamus or injunction on the application of any of t le aforementioned societies. 103 (Laws 1913, ch. 284, sec. 1.) 352. Water-closets. [9444] That the school boards and 1 oards of education having supervision over any school dis- 1 *ict in this state shall provide and maintain suitable and con- \ enient water-closets for each of the schools under their ( harge or supervision. There shall be at least two in number, ^ /hich shall be entirely separate from each other. It shall be ;he duty of the officers aforesaid to see that the same are kept n a neat and wholesome condition ; and failure to comply with he provisions of this act by the aforesaid officers shall be ;rounds for their removal from office. Laws 1891, ch. 197, ! ec. 1.) 353. Removal of Schoolhouse, etc. [8982] That when- iver a schoolhouse or other improvements have been made ipon a claim of any settler upon any of the public, Indian >r railroad lands within this state, to which the said settler lad no title, it shall be lawful for the school directors of the proper school district to remove the said schoolhouse or other mprovements from the said claim at any time within one /ear from the time that the settler in any given case may acquire a title to his said claim ; provided, that if the said set- tler, in any given case, shall convey to said board of school directors one acre of the land upon which said schoolhouse or other improvements are situated, the same shall not be re- moved; and provided further, that if any schoolhouse shall have been built of stone, brick, or frame, costing not less than $500, the probate judge of the county shall appoint three dis- interested persons, who shall apraise and condemn one acre of such land upon which said improvements shall have been located ; and it shall be the duty of the school director of such district to pay the owner of such land the value of such land as found by said appraisers. (Laws 1876, ch. 122, art. 4, sec. 32.) $:*r>l. Nonresident Pupils. [8974] The district board shall have power to admit scholars from adjoining districts. (Laws 1876, ch. 122, art. 4, sec. 23.) S :M.l. Teachers. [8975] The district board in each dis- trict shall contract with and hire qualified teachers 104 for 103. The law restricts the board to the several societies named in this section. The board can not legally open the schoolhouse for other uses aside from the use of the schoolhouse for all business connected directly with the schools of the district. 104. It is held (1) that a "qualified" teacher is one holding a legal certificate; a contract with any other than a legally qualified teacher is not a legal contract; (2) should the teacher's certificate expire by limit of date during a term of school, said teacher must procure a new certifi- 128 DISTRICT OFFICERS. [CH. 1 and in the name of the district, 105 which contract shall be in writing, and shall specify the wages per week or month as agreed upon by the parties, and such contract shall be filed in the district clerk's office, 100 and, in conjuction with the county superintendent, may dismiss for incompetency, cruelty, negligence, or immorality. 107 (Laws 1876, ch. 122, art. 4, sec. 24.) 356. Employment of Relatives. [9037] Any person be- ing related to a school-district officer as husband or wife, son or daughter, shall not be eligible to the position of teacher in such school district, unless employed by a unanimous vote of all the members of such board. (Laws 1901, ch. 304, sec. 1.) 357. Contracts Void. [9038] Any contract made in violation of this act 108 shall be null and void, and any school- district officer so violating shall be liable to the person or per- sons so employed for all claims such person or persons may have against such district for wages. (Laws 1901, ch. 304, sec. 2.) 358. Records and Reports. [9010] It shall be the duty of the teachers of every district school or graded school to keep, in a register for this purpose, a daily record of the attendance and the deportment of each pupil, and of the re- citations of each pupil in the several branches pursued in said school, and to make out and file with the district clerk, .at the expiration of each term of the school, a full report of the whole number of scholars admitted to school during such term, distinguishing between male and female, the text-books used, the branches taught, and the number of pupils engaged in the study of said branches, and any other information the district board or county superintendent may require. 109 The cate or the contract becomes null and void; and (3) a contract to teach made by a district board with a member of said board is contrary to public policy. See note 80 as to the lack of authority of the district meet- ing to determine who the teacher shall be. 105. Contract. It is not legal for a school-district board, previous to the annual meeting, to employ teachers for the new term of school. 106. Teachers are entitled to pay for the time during which school is dismissed due to the prevalence of a contagious disease in the district. 107. Janitor Work. In the absence of any law making it the duty of the teacher to assume the responsibility of janitor work necessary for the comfort and good order of the school under her charge, such work being necesssary and indispensable, and further, since the provision for the equipment of the school is clearly the duty of the board, the inference certainly must be that the care of the scholhouse property belongs to the district board, and in no way can it be construed as a part of the teach- er's duties, unless the contract entered into by the same shall so provide. Teachers can not collect pay for janitor service unless the contract so provides. 108. See section 356 of this book. 109. See section 213 of this book for additional reports required under the compulsory-education law. C I. 10] DISTRICT OFFICERS. 129 v ages of a teacher for the last month of a school term shall n >t be paid by any district board, unless said teacher shall h ive complied with the requirements of this section. (Laws 1 <76, ch. 122, art. 6, sec. 1.) 359. Necessary Appendages. [8976] The district board s lall provide the necessary appendages 110 for the schoolhouse ci aring the time a school is taught therein, and shall keep an accurate account of all expenses thus incurred, and present 1 le same for allowance at any regular district meeting. (Laws J376, ch. 122, art. 4, sec. 25.) 360. Suspend Pupils; Appeal. [8977] The district board i lay suspend, or authorize the director to suspend, 111 from 1 lie privileges of a school, any pupil guilty of immorality or i-ersistent violations of the regulations of the school, which , uspension shall not extend beyond the current quarter of the chool ; provided, that the pupil suspended shall have the right o appeal from the decision of said board of directors to the ounty superintendent, who shall, upon a full investigation of he charges preferred against said pupil, determine as to his juilt or innocence of the offense charged, whose decision shall >e final. 112 (Laws 1876, ch. 122, art. 4, sec. 26.) 361. District Board's School Duties. [8978] The dis- crict board shall furnish each teacher with a suitable daily register, and shall visit together, or by one or two of their number, all the schools of their district, at least once a term, and at such other periods during the term as in their opinion the exigencies of each school may require; at which visits they shall examine the register of the teacher and see that it is properly kept, and inquire into other matters touching the schoolhouse, facilities for ventilation, furniture, apparatus, library, studies, discipline, modes of teaching, and improve- no. The term "appendages" should be construed broadly, so as to in- clude necessary improvements, such as well, privy, fence, etc. (30 Kan. 378.) 111. Pupils between the ages of eight and fifteen can be suspended only temporary, when they are required by the compulsory-attendance law to attend school. (See section 209.) Cases of incorrigibility come within the jurisdiction of the juvenile court when the accused is under the age of sixteen years. (See section 209.) 112. The right of the teacher to punish for misconduct extends from 'the time the pupil leaves home to go to school until he returns home from school. This, however, does not relieve the parent from control of the child on his way to and from school. The control of school children on their way to and from school should be exercised concurrently by the parents and teacher. In case of grave misconduct, the teacher can suspend a pupil until the board can be notified of such action, except when required by the compulsory-attendance law to attend school. Due diligence must be used by the teacher to serve notice on the board. 9 Sch. Laws. 130 DISTRICT OFFICERS. [CH. 10 ment of the school ; 113 shall confer with the teacher in regard to condition and management, and make such suggestions as in their view would promote the interest and efficiency of the school and the progress and good order of the pupils. The date and results of such visits shall be entered by the clerk of the board on their minutes. 114 (Laws 1876, ch. 122, art. 4, sec. 27.) 362. Taxes; Clerk to Certify; Commissioners to Levy; Limit. [8980] It shall be the duty of the school-district clerk to certify to the county commissioners of their respective counties, on or before the 25th day of July, annually, the ag- gregate amount by them determined in each district to be necessary for school purposes. Upon the receipt of such cer- tification the county commissioners shall, on or before the first Monday in August, annually, levy on the real and personal property in each district, as returned by the assessment roll of the county, a percentage which will produce an amount equal to and not exceeding by more than five per cent the amount certified by the district clerk ; provided, however, no levy shall exceed four and one-half mills. And the county clerk is hereby authorized and required to place the same on the tax roll of said county, in a separate column or clpumns, designating the purpose for which such taxes were levied ; and the said taxes shall be collected by the county treasurer and paid over to the treasurers of the respective school districts in the county, with the same power and restrictions and under the same regula- tions and in all respects as to the sale of real or personal prop- erty. He shall be authorized and he is hereby required to act according to the provisions and requisitions of the law for the collection of taxes for state and county purposes. (Laws 1911, ch. 271, sec. 1.) 363. Judgments. [8981] Whenever any final judgment shall be obtained against any school district, the district board shall levy a tax on such taxable property in the district for the payment thereof. 115 Such tax shall be collected as other school- 113. A school board has a right to make a rule requiring constant and prompt attendance at school, such a rule having in view the securing of the very object contemplated in the law establishing public schools. The interests of the pupil and of all the members of the school require prompt- ness and regularity in attendance. Courts have held that such a rule may be enforced. (See chapter VI of this book.) 114. Powers of District Board. The district board has the power to prescribe the necessary rules and regulations for the management and government of the school. They may require a classification of pupils with respect to the branches of study pursued, and with respect to pro- ficiency or degree of advancement in the same, and that there shall be prompt attendance, diligence in study, and proper deportment. The course of study is prescribed by the State Board of Education. (See sec- tion 637.) 115. A judgment tax may be levied in addition to the four and one- half mills for general school purposes, and the amount of tax which may be levied to pay a judgment is not limited. CH 10 UNION OR GRADED-SCHOOL DISTRICTS. 131 370. Public schools in cities shall receive their share of public-school funds, on what condition. 371. Single district may establish graded schools. dis ;rict taxes, but no execution shall issue on such judgment against the school district; and in case the district board ne.;lect to levy a tax as aforesaid for the space of thirty days af 1 er such judgment shall become final, or in case the proper ofi cer shall neglect to collect the tax levied within the time an 1 in the manner provided by law, then the judgment creditor of the district may have and recover a judgment against the ofi cer or officers so in default for the amounts due him on such ju Igment against the district, with costs, upon which execu- te n shall issue. (Laws 1876, ch. 122, art. 4, sec. 31.) ARTICLE VI. Union or Graded-school Districts. 116 NOTE. A union or graded school is to be distinguished from a con- so idated school provided by chapter VII. S3 4. How established. 3 5. Powers and duties of directors. 3 .6. Union district may levy taxes. 3 i7. Authority to issue bonds. 3 !8. Duties of clerk of union district. 3 59. Duties of treasurer of union district. 364. How Established. [9048] Whenever the inhabi- ts nts of two or more school districts may desire to unite such d stricts for the purpose of establishing a graded school, in v hich instruction shall be given in the higher grades of edu- c; ition, the clerks of the several districts shall, upon a written p Btition therefor signed by not less than five voters from each of such districts, which voters shall be taxpayers of such dis- t-ict call a meeting of the voters of such districts to be held at s )me convenient place, by posting up written notices thereof in tie same manner as is provided for calling district meetings; and if a majority of the votes cast from each of the two or more districts shall be in favor of uniting such districts for the pur- f ose hereinbefore stated, they shall, at that meeting or at an gdjourned meeting, elect a board of directors, consisting of a c.irector, clerk and treasurer. (Laws 1915, ch. 301, sec. 1.) 8 365. Duties of Board of Directors. [9049] The board of directors provided in the preceding section shall, in all mat- ters relating to the graded schools, possess all the powers and discharge all the like duties of the district board of directors, ,is prescribed in this act. (Laws 1876, ch. 122, art. 7, sec. 2.) S 366. Union District May Levy Taxes. [9050] The said anion district may levy taxes for the purpose of purchasing a ouilding or furnishing proper buildings for the accommodation of the school, or for the purpose of defraying necessary ex- II 116. The individual districts may still conduct their usual district chools but be a part of this union district for instruction in the higher oranches. The plan is virtually to provide a central high school. A reso- lution adopted at an annual meeting or at a special meeting called for the purpose is necessary before a graded schrjol is subject to the provisitms of this act. I 132 UNION OR GRADED-SCHOOL DISTRICTS. [CH. 1 penses and paying teachers, but shall be governed in all re- spects by the law provided for levying and collecting district taxes. (Laws 1913, ch. 280, sec. 1.) 367. Authority to Issue Bonds. [9191] That for the purpose building, erecting, constructing or purchasing one or more schoolhouses, the union or graded-school districts organ- ized and existing under chapter 122 of the Laws of 1876 and the acts amendatory thereof and supplemental thereto, the boards of directors of such union or graded-school districts are hereby authorized to issue bonds. Said bonds shall be issued in all respects in conformity with the provisions of the law relative to the issuance of bonds of school districts and subject to the same limitations. (Laws 1913, ch. 281, sec. 1.) 368. Clerk. [9052] The clerk of the union district shall make a report to the county superintendent of public instruc- tion, and discharge all the duties of clerk in like manner as clerk of the district. (Laws 1876, ch. 122, art. 7, sec. 6.) 369. Treasurer. [9053] The treasurer of the union district shall perform all the duties of treasurer as prescribed in this act, in like manner as the district treasurer. (Laws 1876, ch. 122, art. 7, sec. 7.) 370. Apportionment to Cities. [9054] The public schools of any city, town, or village, which may be regulated by special law set forth in the charter of said city, town, or village, shall be entitled to receive their proportion of the public-school fund ; provided, the clerk of the board of educa- tion in such city, town or village shall make due report, within the time and manner prescribed in this act, to the county superintendent of public instruction. (Laws 1876, ch. 122, art. 7, sec. 8.) 371. Single District. [9055] Any single district shall possess power to establish graded schools subject to the pro- visions of this article, in like manner as two or more districts united ; provided, however, the regular district board of direc- tors of the district shall have the power and shall have the management of the schools of the district and grade them in accordance with the action of the annual district meeting, and employ teachers and do all things pertaining to the union graded schools, without an additional board of directors, where a single district composes the union graded-school district; and provided further, that the director, clerk and treasurer of the regular district board shall possess all the powers to man- age the union graded-school district when a single district composes the union graded-school district as the director, clerk and treasurer have in union or graded-school districts com- posed of two or more districts. (Laws 1907, ch. 331, sec. 1.) CH 11] FINES AND PENALTIES. 133 CHAPTER XL Fines and Penalties. 37 . Jurisdiction of justices of the peace. 37 . Fines and penalties, how collected. 37 . Penalty for receiving bonus from publisher of school-books. I 375. Officers prohibited from taking con- tracts, doing work for profit, or furnishing material. Jurisdiction. [9060] Justices of the peace shall hive jurisdiction in all cases in which a school district is a pj rty interested, when the amount claimed by the plaintiff sh all not exceed $100 ; and the parties shall have the right of aj peal as in other cases. (Laws 1876, ch. 122, art. 9, sec. 1.) 373. How Collected. [9061] All fines and penalties not ol nerwise provided for in this act shall be collected by an action ir any court of competent jurisdiction. (Laws 1876, ch. 122, a t. 9, sec. 2.) 374. Penalty for Receiving Bonus. [9062] If the state si .perintendent, or any county superintendent of public in- s' ruction, shall receive from the publisher of any schoolbooks, o from any other person interested in the sale or introduction o : any book into the public schools in the state, any money or b >nus in any manner as an inducement for the recommendation o c introduction of any such book into the public schools of the s ;ate, such superintendent shall, upon conviction thereof before any court of competent jurisdiction, be found guilty of a mis- demeanor, and shall be fined in a sum not less than $1000 nor exceeding $5000, or shall be imprisoned in the penitentiary for any time not less than one year nor more than five years, or loth such fine and imprisonment. (Laws 1876, ch. 122, art. , sec. 3.) 375. Officers Prohibited from Taking Contracts, Doing Work for Profit, or Furnishing Material. [3741] That all officers, state and county, and all officers appointed or elected 1'or the purpose of overseeing and directing any of the public improvements of the state, and all officers holding and exer- cising any office of trust or profit under and by virtue of any iaw of the state, be and they are hereby prohibited from tak- ing any contract, or performing or doing or having performed or done for their own profit, any work in and about the office holden by them, or in or about any work over which they have in whole or in part the supervision, direction or control, and from furnishing any materials used in any such work, and from furnishing for the use of any institution, public work, county, township, or other interest, the protection of which interest is a part of the duties of his office, any firewood, cloth- ing, materials for building, or other things required by such institution, public work, county, township or other interest so in the keeping, in whole or in part, of such person. (Laws 867, ch. 123, sec. 4.) 134 FIRE PROTECTION. CH. 12] CHAPTER XII. Fire Protection. 381. Fire-drills. 382. Penaltv. 383. Time lor compliance. 384. Duty of state fire marshal; fire-drills; instruction in fire prevention. 376. Doors of schoolhouses. 377. Exits, fire-escapes. 378. Furnaces. 379. Plans of buildings submitted to state architect. 380. Inspection, duty of school boards. 376. Doors of Schoolhouses. [9400] That the doors of all public or private schoolhouses of more than one story shall open outwards, and all doors of schoolhouses shall remain un- locked while school is in session. (Laws 1909, ch. 209, sec. 1.) 377. Exits, Fire-escapes. [9401] That in every public or private schoolhouse of two or more stories every story above the first shall be provided with either two or more exits from the upper floor separate and distinct from the exits of the lower floor, or shall be provided with sufficient and suitable fire-escapes, 117 which shall be built of iron or steel. (Laws 1909, ch. 209, sec. 2.) 378. Furnaces. [9402] That the tops of all furnaces in public and private schoolhouses shall be covered with as- bestos covering or masonry, and the top of such furnace shall not be nearer than eighteen inches to the nearest woodwork above. The ceiling above said furnaces shall be covered with asbestos. (Laws 1909, ch. 209, sec. 3.) 379. Plans of Buildings Submitted to State Architect. [9403] That no contract shall be let for the erection of any school building, nor shall any public funds be paid out for the erection of schoolhouses of two or more stories, until the plans for such building shall have been submitted to the state archi- tect and approved as to all the requirements of this act. (Laws 1909, ch. 209, sec. 4.) 380. Inspection; Duty of School Boards. [9404] That each county superintendent shall annually inspect each public- school building, including the county high-school building, in districts under his supervision ; and the mayor or fire marshal shall annually inspect all public and private school buildings in cities of the second class; and the fire marshal shall an- nually inspect all public and private school buildings in cities of the first class. 118 The examining officer under this section shall report to the respective school boards having jurisdiction any violation of this act, or any conditions which he may deem dangerous, or which will in any way prevent a speedy exit from the building, and it shall be the duty of said school board 117. A ladder fire-escape is not a "suitable" fire-escape for a school- house. 118. See sections 1024-1026, General Statutes of 1915, concerning th condemning of buildings in cities of the third class. OH 12] FIRE PROTECTION. 135 wh ;n thus notified immediately to make such changes as are repaired by this act, and such boards are hereby authorized to Iraw upon their general revenue funds, without further api ropriation, to comply with all the requirements of this act. (L iws 1909, ch. 209, sec. 5.) i 381. Fire-drills. [9405] That in every public or private scl ool having more than one hundred pupils (excepting col- leges and universities) a fire-drill and summary dismissal fr< m the building shall be practiced at least once each month at some time during school hours, aside from the regular dis- mssal at the close of the day's session. (Laws 1909, ch. 209, se . 6.) 382. Penalty. [9406] That any officer or member of a chool board who shall permit any provision of this act to be vi >lated for sixty days may be removed from his office by a ci 11 action. Independent of such civil action, any officer, m jmber of a school board, city superintendent, principal or teicher violating any provision of this act shall be guilty of a misdemeanor, and shall be punished by a fine of not less than fi: ty dollars or more than five hundred dollars, or by imprison- rnent in jail not exceeding six months, or by both such fine and ir iprisonment ; provided, however, that this act shall not pre- vent the prosecution and punishment of an officer or other person under the ordinary provisions of the crimes act for d-jath or injury to any child in a public or private school occasioned by the negligence of such officer or other person. (Laws 1909, ch. 209, sec. 7.) 383. Time for Compliance. [9407] That within sixty days after the taking effect of this act the provisions of sec- tion 1 of this act must be fully complied with, and within one hundred and twenty days the provisions of sections 2 and 3 must be complied with; and any neglect to comply with the provisions of this act beyond the times herein specified shall subject the officers and persons named in this act to the penal- ties prescribed in this act. (Laws 1909, ch. 209, sec. 8.) 384. Duty of State Fire Marshal; Fire Drills; Instruction in Fire Prevention. [10858] It shall be the duty of the state lire marshal, his deputy or other assistants, to require all boards of education or school boards of all public and private .schools in all buildings to see that all teachers of said schools shall have a fire drill at least once each month, and to keep all loors and exits to or from the room unlocked during school lours. The state fire marshal shall prepare a bulletin upon the cause and dangers of fires, arranged in not less than four di- visions or chapters, and under the direction of the executive council, who shall have published and deliver the same to the public schools throughout the state, and the teachers thereof shall be required to instruct their pupils in at least one lesson I 136 FIRE PROTECTION. [CH. 1 each quarter of the school year with reference to the causes and dangers of fires. Any board of education or board of trustees failing to comply with the provisions of this section shall be guilty of a misdemeanor, and shall be punishable by a fine not to exceed ten dollars for each offense. (Laws 1913, ch. 312, sec. 15.) I C 1. 13] HIGH-SCHOOL TUITION. 137 CHAPTER XIII. High Schools. ARTICLE I. High-school Tuition. 35. Admission of nonresidents credited high schools. to ac- 386. Tax levy for high-school tuition. 387. Certificate of attendance; payment. 385. Admission of Nonresidents to Accredited High Schools. [9361] In every county in this state in which pro- 's ision is not otherwise made for free high-school tuition for /ery qualified pupil residing in said county, any pupil residing i i any school district which does not maintain a high school ^ r th a four-year course accredited by the State Board of Edu- ( ation shall be admitted to any accredited high school in said c ounty, on presentation of a common school diploma signed by 1 he county superintendent of public instruction and certifying 1 hat said pupil has completed the course of study prescribed 1 y the State Board of Education for elementary rural or graded : chool ; and the tuition of such pupils shall be paid as herein- ; ,f ter provided ; provided, that any pupil residing in any school listrict, which does not maintain a high school with a four-year ourse accredited by the State Board of Education shall, if he lesires, be admitted to the high school nearest his residence in ;he county of his residence or adjoining county; whether such ligh school maintain a four-year course or less and his tuition *hall be paid in the same manner and from the same fund as Drovided when attending an accredited high school maintain- ;ng a four-year course. (Laws 1915, ch. 314, sec. 1.) 386. Tax Levy for High-school Tuition. [9363] The county superintendent of public instruction shall, on or before the 25th day of July in each year, certify to the board of county commissioners the number of qualified pupils as provided in section 1 of this act, and the amount necessary to pay the high school tuition of said pupils for the ensuing year at the rate of one dollar per week ; and the county commissioners shall levy on all of the taxable property in said county, excluding from said levy the property of any district or city in which is main- tained a four-year accredited high school, or rural high school, a tax sufficient to pay said high school tuition as certified by the county superintendent; and in case the county commis- sioners shall fail to make such levy, then the county superin- tendent of public instruction shall make a suitable levy and shall certify the same to the county clerk, who shall enter upon the tax rolls the levy so made by the county superintendent; the county treasurer shall collect said tax in the same manner in which other taxes are collected and shall pay the same to treasurers of school districts and treasurers of boards of edu- tion as hereinafter provided. (Laws 1915, ch. 314, sec. 3.) 138 COUNTY HIGH SCHOOLS. [CH. 13 387. Certificate of Attendance; Payment of Tuition. [9364] The district clerk of any school district and the clerk of the board of education of any city of the first or second class located in any county in which this act applies, as provided in section 1, shall, on or before the 30th day of June of each year, certify to the county superintendent of public instruction the names and the number of non-resident pupils enrolled in the high school of said district or city during the year ending on the 30th day of June, and the number of weeks or fraction thereof during which each of said pupils has attended said high school, and the county superintendent shall certify the same to the county treasurer; the county treasurer shall pay to the school district treasurers and to the treasurers of boards of education an amount sufficient to pay the high school tuition of said pupils at the rate of one dollar for each week's attend- ance or fraction thereof; and if the tuition fund herein pro- vided for shall not be sufficient to pay the full amount of said tuition, then said fund shall be distributed pro rata among the districts and cities entitled to such fund, and any deficiency shall be provided for in making the levy for the succeeding year. (Laws 1915, ch. 341, sec. 4.) ARTICLE II. County High Schools in Counties Having a Population of Orer 2000. 388. What counties may establish. 389. Election, how called. 390. Ballots canvassed. 391. Election of trustees. 392. President, secretary and treasurer. 393. Levy by trustees. 394. Levy limited. 395. Levy limited; exceptions. 396. Levy limited in certain counties. 397. Petition. 398. Taxes levied and collected. 399. Duties of treasurer and secretary. 400. Site purchased; buildings. 401. Bonds for county high-school build- ings. 402. Bond election. 403. Election for establishing county high school, and voting bonds for building. 404. Limit of bonds. 405. Levy for interest and sinking fund. 406. Act applies to certain counties. 407. Employment of principal and teach- ers. 408. Courses of instruction. 409. Tuition and admission. 410. Nonresident pupils. 411. Rules and regulations. 412. Report of trustees. 413. Vacancies in board of trustees. 414. Compensation of trustees. 388. What Counties May Establish. [9287] That each county having a population of two thousand inhabitants or more, as shown by the last state or federal census, may estab- lish a county high school on the conditions and in the manner hereinafter prescribed, for the purpose of affording better educational facilities for pupils more advanced than those at- tending district schools, and for persons who desire to fit themselves for the vocation of teaching. (Laws 1915, ch. 316, sec. 1.) 389. Election. [9288] When one-third of the electors of a county, as shown by the returns of the last preceding elec- tion, shall petition the board of county commissioners request- ing that a county high school be established in their county, at a place in the said petition named, or whenever the said county II ( H. 13] COUNTY HIGH SCHOOLS. 139 < ommissioners shall at their discretion think proper, they shall j. ive twenty days' notice previous to the next general election, < r previous to a special election called for that purpose, that -hey will submit the question to the electors of said county whether such high school shall be established, and at the place pecified, at which election the ejectors of the county shall vote >y ballot for or against establishing such high school. The lotice contemplated in this section shall be given as are all egal notices of a general or of a special election. (Laws 1886, :h. 147, sec. 2.) 390. Ballots Canvassed. [9289] After said election the oallots on said question shall be canvassed in the same manner as in the election of county officers, and if a majority of all the votes cast shall be in favor of establishing such high school, the county commissioners shall immediately proceed to appoint six persons, who shall be residents and freeholders of the county, but no more than two of whom shall be residents of the same commissioner district, who shall, with the county super- intendent of instruction, 119 constitute a board of trustees for said school. Each of said trustees appointed as aforesaid shall hold his office until his successor is elected and qualified, and shall be required, within ten days after appointment, to qualify by taking the usual oath of office and by giving such bond as may be required by said county commissioners for the faithful discharge of his duties. (Laws 1903, ch. 432, sec. 1.) 391. Election of Trustees. [9290] At the next general election after said appointment, there shall be elected 120 six high-school trustees, but no more than two of whom shall be residents of the same commissioner district; three of whom shall serve for two years and three of whom shall serve for four years, the respective terms to be decided by lot; these terms to be known and designated as short term and full term, respectively. Each two years thereafter there shall be elected three trustees, but no more than one of whom shall be a resi- dent of the same commissioner district, to serve a term of four years, to succeed those whose term is about to expire. In those counties in which county high schools have already been established, the present high-school trustees shall serve until after the election in 1904, at which time six county-high-school trustees shall be elected, but no more than two of whom shall reside in the same commissioner district, and all of the above provisions shall thereafter apply to said counties. Said trus- tees shall qualify and enter upon the duties of their office in the same manner and at the same time as other county officers. (Laws 1903, ch. 432, sec. 2.) 119. The county superintendent is entitled to vote on all questions coming before the board of trustees. 120. County-high-school trustees are to be elected by the entire county. 140 >UNTY HIGH SCHOOLS. [CH. 13 392. President, Secretary, and Treasurer. [9291] The county superintendent 121 shall, by virtue of his office, be presi- dent of said board of trustees. At their 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, and shall hold office for one year, or until their successors are appointed and qualified. Said treasurer shall give such additional bond as the county commissioners shall deem sufficient. A majority of said board shall constitute a quorum for the transaction of all business, but four votes shall be required to decide any question. (Laws 1886, ch. 147, sec. 5.) 393. Levy by Trustees. [9292] That the board of trus- tees of any county high school in the state of Kansas shall at its first meeting, and annually thereafter before the first day of August of each succeeding year, make an estimate of the amount of funds needed for building purposes, for the pay- ment of teachers wages, for contingent purposes, and all other educational purposes connected with said high school, and hav- ing made such estimate shall make an annual levy sufficient 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 the levy allowed by law on the taxable property of the county. (See note.) (Laws 1909, ch. 211, sec. 1.) NOTE. Limited to five-tenths of one mill by Laws 1909, ch. 245, sec. 14 (section 394 of this book). 394. Levy Limited. [11364] For the purpose' of main- taining the county high schools provided for by chapter 147, Laws of 1886, the board of trustees shall not levy to exceed five-tenths of one mill on the assessed valuation of the county. (Laws 1909, ch. 245, sec. 14.) 395. Levy Limited; Exceptions. That section one of chapter 317, Session Laws of 1915, be and the same is hereby amended to read as follows : Sec. 1. For the purpose of main- taining county high schools provided for by chapter 147, Laws of 1886, the board of trustees shall not levy to exceed nine- tenths mill on the assessed valuation of the county; provided, this act shall not apply to counties having a valuation in excess of thirty-five million dollars ; provided, that this act shall not apply to counties having high schools which were established after 1906. (Laws 1917, ch. 288, sec. 1.) 396. Limit of Levy in Certain Counties. For the pur- pose of building and maintaining county high schools provided for by chapter 147, Laws of 1886, the board of trustees shall not levy to exceed three mills on the assessed valuation of the 121. The county superintendent can not legally be allowed any addi- tional compensation for services as a member of the county-high-school board except where his salary is on a per diem basis. ( H. 13] COUNTY HIGH SCHOOLS. 141 t ounty; provided, this act shall not apply to counties having a valuation of more than fifteen million dollars. (Laws 1917, ( h. 327, sec. 1.) 397. Petition. The board of county commissioners of ( ach county are hereby given authority to levy annually not to * xceed three mills upon the assessed valuation of the county for ihe purpose of building and maintaining county high schools >rovided for by chapter 147, Laws of 1886 ; provided, this sec- ion shall not apply to counties having a valuation in excess of ifteen million dollars ; provided, that the levies provided for in ;ections 1 and 2 of this act shall not be made except on the pre- sentation of a petition signed by at least 51 per cent of the qualified electors of the district affected hereby. (Laws 1917, . 327, sec. 2.) 398. Taxes Levied and Collected. [9293] Said rate of tax shall be certified to the county clerk of the county in which said county high schools is situated, by the president and sec- retary of said board of trustees, and the said county clerk is hereby authorized and required to place the same on the tax- rolls of the county, and said tax shall be collected in the same manner as other county taxes, and when collected the county treasurer shall pay the same to the treasurer of the county high school in the same manner that school funds are paid to the district treasurers as required by law. (Laws 1909, ch. 211, sec. 2.) 8 399. Duties of Treasurer and Secretary. [9294] The said treasurer of the high school shall receive from the county treasurer, and from other parties, all moneys that belong to the funds of said school, and shall pay out the same only by direction of the board of trustees, upon orders duly signed by the president and countersigned by the secretary, stating the purpose for which they were drawn. Both the secretary and treasurer shall keep an accurate account of all moneys re- ceived and expended for said school, and at the close of each year, or oftener if required by the board of trustees, they shall make a full statement of the financial affairs" of the school. (Laws 1886, ch. 147, sec. 8.) 4OO. Site and Buildings. [9295] The said board of trustees shall proceed, as soon as practicable after the appoint- ment as aforesaid, to select, at the place determined by the vote of the county, the best site that can be obtained without ex- pense to the county, and the title thereof shall be vested in the said county ; they shall then proceed to make purchases of ma- terial, and to let such contracts for their necessary school build- ings as they may deem proper, but shall not make any purchase or contract in any year to exceed the amount on hand, and to be raised by the levy of tax for that year. The board of trustees, at their discretion, may lease suitable buildings for the use of at tnen 142 COUNTY HIGH SCHOOLS. [CH. 13 the high school while new buildings are in process of erection, the rent to be paid by the fund created by the levy for high- school purposes. (Laws 1886, ch. 147, sec. 9.) 401. Bonds for County High-school Building. That any county in which a county high school has heretofore been or may hereafter be established under the authority of the pro- visions of chapter 147 of the Laws of 1886, and all acts amenda- tory thereof and supplemental thereto, shall have authority to issue bonds of the county for the purpose of purchasing a site and erecting buildings for such high school in the manner as herein provided. (Laws 1917, ch. 282, sec. 1.) 402. Bond Election. Whenever one-third of the number of electors, as shown by the next preceding vote for secretary of state in any county having a county high school organized under the provisions of said chapter 147 of the Laws of 1886, and all acts supplemental and amendatory thereof, shall peti- tion the board of county commissioners of such county to call an election for the purpose of voting bonds for the purchase of a site and the erection of buildings for such county high school at the place named in said petition, the said board shall cause a twenty-day notice previous to the next general election, or previous to a special election called for the purpose, that they will submit to the electors of said county the question of issu- ing bonds of the county in an amount not exceeding the amount named in the petition and for the purposes therein stated. At said election the electors of the county shall vote by ballot for or against the issuance of such bonds, and the notice of such election shall be given as are all legal notices of a general or special election. And the ballots shall be canvassed and other proceedings had in the same manner as is provided in the case of elections for the establishment of such county high school under the provisions of chapter 147 of the Laws of 1886 and acts supplemental and amendatory thereof. If a majority of all the votes cast upon .the question of issuing bonds as aforesaid, shall be in favor of the issuance of such bonds, the county commissioners shall issue and deliver to the board of trustees of such county high school, such bonds or such por- tion thereof as may be necessary to pay for the purchase of such site and erection of such buildings in accordance with contracts that may be entered into by said trustees under the provisions and authority of said chapter 147 of the Laws of 1886 and acts supplemental and amendatory thereto. (Laws 1917, ch. 282, sec. 2.) 403. Election for Establishing a County High School and Voting Bonds for Building. In case any county not having a county high school, but in which an election may hereafter be held to vote upon the question of establishing a county high school under the said chapter 147 of the Laws of 188B and acts ( H. 13] COUNTY HIGH SCHOOLS. 148 * applemental and amendatory thereto, the question of issuing 1 onds for the purposes named in section one of this act may 1 e submitted by the board of county commissioners at the same ( lection and upon the same ballot as the question of establish- i ig said county high school ; provided, that the notice of elec- 1 ion state that the question of issuing bonds, as provided in !- ection two hereof, shall be submitted at said election. If the I etition requesting the election for the purpose of voting upon ; he question of establishing said high school or a separate etition, signed by an equal number of electors, shall request hat the question of issuing bonds be also submitted at said lection, it shall be the duty of the county commissioners to ubmit such question at the same election as the question in egard to establishing said high school. (Laws 1917, ch. 282, ,ec. 3.) 404. Limit of Bonds. No bonds provided for by this ict shall be issued in an amount in excess of one per cent of the ;otal assessed valuation of the property within the county. Such bonds shall be in denominations of not over one thousand lollars and not less than five hundred dollars, and shall not run for a term of more than twenty years, and shall draw interest not in excess of six per cent. Said bonds may be issued in addi- tion to all other bonds of the county. (Laws 1917, ch. 282, sec. 4.) 405. Annual Levy for Interest and Sinking Fund. The board of trustees shall levy a tax in each year not exceeding two mills on the dollar on the assessed valuation of all the property in the county to be used for the purpose of paying the interest on such bonds and the creation of a sinking fund for the payment of the principal thereof. (Laws 1917, ch. 282, sec. 5.) 406. Act Applies to Certain Counties. This act shall not apply to counties having a population of more than eight thou- sand, nor to any county having a city of more than one thou- sand population. (Laws 1917, ch. 282, sec. 6.) 407. Employment of Principal and Teachers. [9296] When such board of trustees shall have finished a building for said school, they shall employ some suitable person, who shall take charge of the same and teach in the same, and shall be known as the principal of such school; and the trustees shall furnish such assistant teachers as they deem necessary, and shall provide for their salaries. (Laws 1886, ch. 147, sec. 10.) 408. Courses of Instruction. [9297] There shall be provided three courses of instruction, each requiring four years' study 122 for completion, namely, a general course, a normal course, and a collegiate course. The general course 122. Does not apply to Reno county high school. (Laws 1905, ch. 457.) 144 COUNTY HIGH SCHOOLS. [CH. 13 shall be designed for those who can not continue school life after leaving said high school. The normal course shall be designed for those who intend to become teachers, and shall fully prepare any who wish to enter the first year of profes- sional work at the State Normal School. The collegiate course shall fully prepare those who wish to enter the freshman class of the college of liberal arts and sciences of the State Uni- versity, or of the State Agricultural College, or of any other institution of higher learning in this state. Whenever prac- ticable, students in these courses shall recite in the same classes. Students in the last year of the normal course may be employed for a portion of their time in teaching the pupils of the first year in any course, and model schools shall be en- couraged. (Laws 1905, ch. 389, sec. 1.) 409. Tuition and Admission. [9298] Tuition shall be free to all pupils residing in the county where the school is located. The board of trustees shall make such general rules and regulations as they may deem proper in regard to age and grade of attainments essential to entitle pupils to admission to such school; provided, that no person shall be admitted to such high school who shall not have passed a satisfactory ex- amination in all the work of the district schools of the county in which such high school is situated. If there should be more applicants than can be accommodated at any one time, each district shall be entitled to send its equal proportion of pupils, according to the number of pupils it may have, as shown by the last report to the county superintendent of public instruc- tion; and the boards of the respective school districts shall designate such pupils as may attend, subject to the proviso above. (Laws 1886, ch. 147, sec. 12.) 410. Nonresident Pupils. [9299] If at any time the school can accommodate more pupils than apply for admission from that county in which the school is situated, the vacancies may be filled by applicants from other counties, upon the pay- ment of such tuition as the board of trustees may prescribe, but at no time shall such pupils continue in such school to the exclusion of pupils residing in the county in which such school is situated. (Laws 1886, ch. 147, sec. 13.) 411. Rules and Regulations. [9300] The principal of any such high school, with the approval of the board of trus- tees, shall make such rules and regulations as he may deem proper in regard to the studies, conduct and government of the pupils under his charge while they shall continue to be enrolled at such school; and if any such pupil will not conform to nor obey the rules of the school, they may be suspended therefrom temporarily by the principal, and may be expelled by the board of trustees. (Laws 1907, ch. 335, sec. 1.) 412. Report of Trustees. [9302] The board of trustees shall annually make a report to the county commissioners, CMS] COUNTY HIGH SCHOOLS. 145 w dch shall specify the number of students attending the high sc 100! during the year, their sex, and the branches taught, the te ;t-books used, the number of teachers employed, the salaries pi id, the amounts expended respectively for library, appa- r; tus, buildings, and for all other purposes; also the amount ol funds on hand, the debts unpaid, if any ; the amounts due, if ai y ; and all other information deemed important or expedient tc report. Said report shall be printed in at least one news- p. per of the county, if any is published therein, and a copy of tl e report shall be forwarded to the state superintendent of p iblic instruction. (Laws 1886, ch. 147, sec. 16.) 413. Vacancies in Board of Trustees. [9303] The county c< mmissioners shall have power to fill any vacancies that may o cur in the board of trustees for that county, by appointment u itil the next general election. (Laws 1886, ch. 147, sec. 17.) 414. Compensation of Trustees. [9304] The county b >ard of county-high-school trustees shall allow to each mem- b>r thereof the sum of three dollars per day for the time act- u illy and necessarily employed in the discharge of his official daties, and in addition thereto the sum of five cents per mile recessarily traveled in attending meetings of the board, and vhen such accounts are presented for payment they shall be audited and paid out of the county-high-school fund in the sime manner as other accounts against said board. Said t :ustees shall not be allowed any other remuneration for serv- ices or expenses. (Laws 1907, ch. 334, sec. 1.) ARTICLE HI. County High Schools in Counties Having a Population of Less than 6000. 415. May be established at county seats. 416. Course of study. 417. Privileges of graduates. 418. May employ teachers. 419. Free to pupils in the county. 420. Petition or election. 421. Bonds may be issued. 422. Bond election. 423. Issuance of bonds. 424. Illegal use of proceeds. 1 415. May Establish at County Seat. [9305] That the county commissioners of any county of Kansas having a pop- ilation of less than 6,000 be and they are hereby authorized o negotiate with the school district or school districts at the -.ounty seat of such county for the establishment of a county ligh school; provided, that on the presentation of a petition signed by a majority of the electors of any such county, as shown by the returns of the last preceding general election, ;he county commissioners shall call an election for the purpose )f determining whether they shall make such contract as afore- said ; and if at such election a majority of the votes cast shall be in favor of making said contract, then and in that case it shall be the duty of such commissioners to make such contract. (Laws 1903, ch. 433, sec. 1.) " 10 Sch. Laws. 146 COUNTY HIGH SCHOOLS. [CH. 13 416. Course of Study. [9306] Such county high schools when established shall adopt a course of study to be prescribed by the State Board of Education. (Laws 1897, ch. 180, sec. 2.) 417. Privileges of Graduation. [9307] Upon the pre- sentation of a certificate of graduation from any such county high school, within one year from the date of the same, to any state institution of learning, the person presenting the same may be admitted without further examination to said institu- tion of learning. (Laws 1897, ch. 180, sec. 3.) 418. May Employ Teachers. [9308] For the purpose of carrying this act into effect, the boards of county commis- sioners in such counties may employ such number of teachers in addition to those regularly employed by the district at the county seat as shall in their judgment be necessary for the purpose of conducting such schools, and pay such teachers from the general fund of the county. (Laws 1897, ch. 180, sec. 4.) 419. Free to Pupils in the County. [9309] Such county high school shall be free to all persons of school age in their respective counties. (Laws 1897, ch. 180, sec. 5.) 420. Petition or Election. 123 [9310] No county high school as herein provided for shall be established except upon a petition signed by a majority of the electors of the county or pursuant to an election held in such county for the purpose of voting upon the question of establishing such county high schools. (Laws 1897, ch. 180, sec. 6.) 421. Bonds- May be Issued. [9311] That any county which has established a county high school under the provi- sions of chapter 180, Session Laws of 1897, as amended by chapter 433, Session Laws- of 1903, is hereby authorized and empowered to issue and sell bonds of the county for the pur- pose of erecting, furnishing and equipping a building for the use of the county high school of the county ; provided, that no bonds shall be issued as provided for in this section until the same has been submitted to the electors of the county at a gen- eral election, or at a special election called for that purpose, and a majority of the voters voting upon the proposition shall have voted in favor of the same ; provided, that the provisions of this act shall not be construed as applying to any county in which is located a city of the first class. (Laws 1907, ch. 332, sec. 1.) 422. Bond Election. [9312] When a petition signed by twenty-five per cent of the legal voters of the county, as shown by the latest official poll of the county, shall have been presented to the board of county commissioners of the county, asking that the question of issue of the bonds for the purpose named in this act be submitted to a vote of the people, it shall 123. See section 415 of this book. C H. 13] COUNTY AID. 147 b >come the duty and is hereby made the duty of the board of c >unty commissioners to make provisions to submit the ques- t on to a vote of the people ; provided, that if a general election i. to be held within six months after the receipt of the petition, t le board of county commissioners shall submit the question as the next general election, otherwise, the board of county c )mmissioners shall call a special election for this purpose, by j. iving not less than thirty days' notice by publication in not 1 jss than four issues of a newspaper of general circulation in t ne county. (Laws 1907, ch. 332, sec. 2.) 423. Issuance of Bonds. [9313] The bonds issued by ; uthority of this act shall not exceed in any county in amount -wenty thousand dollars, in denominations of not less than -ne hundred dollars nor more than one thousand dollars, and hall bear not more than five per cent interest, payable semi- mnually, as shown by coupons attached, and shall mature not ater than twenty years from the date thereof. The bonds lerein provided for shall recite that they are issued in pur- suance of the provisions of this act. (Laws 1907, ch. 332, jec. 3.) 424. Illegal Use of Proceeds. [9314] It shall be un- lawful for the board of county commissioners or any other person or persons to use or appropriate any of the proceeds of the bonds herein provided for any other purpose than that prescribed in this act. (Lawfc 1907, ch. 332, sec. 4.) ARTICLE IV. County Aid in Counties Having a Population of Less Than 10,000. 425. Aid by county commissioners. 426. Course of study. 427. Free tuition; entrance certificate. 428. Supervision. 429. Petition. 430. Levy; limitation. 431. Collection and use of funds. 432. Duty of county treasurer. 433. Report of principal. 434. Petition; levy. 435. Duty of county superintendent. 436. County exempt. 425. Aid by County Commissioners. [9334] That the county superintendent and county commissioners of any county in Kansas having a population of less than 10,000 inhabitants are hereby authorized to make provision for aid to a certain high school or high schools in such county, and to provide for the support of the same as hereinafter prescribed. (Laws 1911, ch. 263, sec. 1.) S !?<>. Course of Study. [9335] Such high schools, when aided, shall adopt a course of study to be prescribed by the State Board of Education. (Laws 1911, ch. 263, sec. 2) g 127. Free Tuition; Entrance Certificate. [9336] Such high schools shall be free to all persons of school age who are actual residents of the respective counties; provided, that such person shall present to the principal of the high school an entrance certificate, signed by the county superintendent of public instruction, certifying that he has completed the course i.13 148 COUNTY AID. [CH. of study prescribed by the State Board of Education for the public schools below the high school. (Laws 1911, ch. 263, sec. 3.) 428. Supervision. [9337] Such high schools when aided shall toe under the supervision and control of the county super- intendent and district board or board of education of the dis- trict or city in which the school is located. (Laws 1911, ch. 263, sec. 4.) 429. Petition. [9338] No high school as herein pro- vided for shall be eligible for such aid except upon a petition to the county superintendent and county commissioners of the county in which such school or schools are sought to be aided, signed by a majority of the school electors of the county in which the school is sought to be aided. (Laws 1915, ch. 315, sec. 1.) 430. Levy; Limitation. That section 9339 of the Gen- eral Statutes of 1915 be amended so as to read as follows: Sec. 9339. For the purpose of carrying this act into effect, the board of county commissioners in such county shall annually levy such tax only as may be necessary, not to exceed one and one-half mills on the dollar of the assessed valuation of the taxable property in counties having a population of 3000 inhabitants or less, and not to exceed one-half mill on the dol- lar of the assessed valuation of the taxable property in counties having a population of more thaft 3000 inhabitants ; provided, that in counties having a population of less than 2000 inhabit- ants, such levy shall not be less than one-half mill on the dollar of assessed valuation of the property of the county. (Laws 1917, ch. 286, sec. 1.) 431. Collection and Use of Funds. [9340] Said tax shall be levied and collected in the same manner as other county taxes, but no part of such general school fund shall ever be used for other than high-school purposes. (Laws 1911, ch. 263, sec. 7.) 432. Duty of County Treasurer. [9341] The county treasurer shall pay to the treasurer of the school district or districts maintaining such high schools such sums of money as the county superintendent shall certify to be necessary and proper for each of said districts respectively. (Laws 1911, ch. 263, sec. 8.) 433. Report of Principal. [9342] It shall be the duty of the principal of each of such high schools, at the expiration of the school year, to make a report to the county superinten- dent showing the total enrollment in such high school or high schools and the number of months attended by each pupil, and to furnish such other reports as the county superintendent may require, and his last month's salary shall not be due until such reports shall have been duly made. (Laws 1911, ch. 263, sec. 9.) C I. 13] COUNTY HIGH SCHOOLS, SPECIAL ACT. 149 434. Petition; Levy. [9343] If, upon the presentation a petition addressed to the county commissioners of any c -unty by a majority of the school electors of such county, ask- ii g that certain aid be extended to a certain school district or s hool districts therein, as provided for herein, and said county s iperintendent and county commissioners decide to provide the fi d petitioned for, said board of county commissioners shall, at t le regular meeting held by it on the first Monday in August t lereafter, levy such tax on the taxable property of the entire ( )unty sufficient to raise the amount necessary to aid such ( istrict or districts as said county superintendent and said 1 oard of commissioners believe proper. (laaws 1911, ch. 263, fee. 10.) 435. Duty of County Superintendent. [9344] It shall e the duty of the county superintendent to certify to the < ounty commissioners and to the county treasurer, on or before he 1st day of July in each year, the amount of money neces- -ary to aid the district or districts maintaining high schools mder the provisions of this act, for the year ending on the 50th day of June preceding, and the county commissioners ihall thereupon make such a levy only, within the limitations lerein prescribed, as may be necessary to produce the amount Df aid herein provided for such high school or high schools, within their respective counties. (Laws 1911, ch. 263, sec. 11.) 436. Counties Exempt. [9345] Counties maintaining a county high school and counties having high schools in opera- tion under the provisions of chapter 397 of the Laws of 1905, or the provisions of said chapter as amended, shall be exempt from the provisions of this act. (Laws 1911, ch. 263, sec. 12.) II ARTICLE V. County High Schools Established by Special Act. 437. May come under general county I 438. County tax for buildings, high-school law. 8 437. May Come under General County High-school Law. [9316] Whenever any school district in which is located a county high school operating under the provisions and by the authority of any special act of the legislature of the state of Kansas, shall by a vote of a majority of the qualified electors present at any general or special school meeting, regularly called as provided by law, offer to transfer to the county all buildings, desks, chairs, stoves and other equipment used in carrying on said high school and signify their willingness to have the said county high school come under and be operated and maintained by the provisions of the general county high school law of the state of Kansas and the district clerk of said school district shall have filed a certified copy of the minutes of said meeting with the county clerk of the county wherein said high school is located, upon a petition in writing signed by at least 25 per cent of the qualified electors of the county being presented to the board of county commissioners of said [.13 ^:i 150 COUNTY HIGH SCHOOLS, SPECIAL ACT. [CH. county, the board of county commissioners shall call a special election for the purpose of voting upon the question of accept- ing the offer of said school district and placing said county high school under the control of the general county high-school laws of the state of Kansas and if a majority of all the votes cast shall be in favor thereof, said property offered to be trans- ferred by said school district to the county shall thereby be- come the property of the county to be used for county high- school purposes and the said county high school shall come un- der the control and be operated and maintained in all respects in accordance with the provisions of the general county high- school laws of the state of Kansas. (Laws 1915, ch. 313, sec. 1.) 438. County Tax for Buildings. [9318] In any county in the state of Kansas not exceeding 4800 in population in which a county high school has been established by special act of the legislature the county commissioners, upon a petition signed by one-fourth of the legal electors of said county as shown by the poll books of the last preceding general election, shall submit to the voters of said county the following proposi- tion : Shall the county commissioners levy a tax for the pur- pose of building and furnishing a building for the county high school at (inserting the name of the location of said school) ? The said proposition may be voted on at any general election or at a special election called for this purpose by the county commissioners, notice of which election shall be given as provided by law. If said proposition shall be favored by a majority of those voting thereon, the county commissioners shall levy annually for a period of not more than four years a tax not exceeding four mills on the dollar of all the taxable property in said county ; and said taxes shall be levied, en- tered upon the tax roll, and collected in the same manner as other taxes, and the funds so provided shall be used for the purpose of building and furnishing a building for the county high school of said county and any surplus shall be turned into the general county high-school fund. All payments authorized by the provisions of this act shall be made in the manner pro- vided by law for paying the other expenses of said county high school. (Laws 1915, ch. 318, sec. 1.) C 3. 13] BARNES HIGH SCHOOLS. 151 ARTICLE VI. Barnes High Schools. 39. County tax for high schools. 40. Levy, limitation. 41. Levy, limitation and exception. 42. Additional limitation of levy and ex- ceptions in certain counties. 43. Additional levy to pay indebtedness. 44. Levy made, when. 45. Funds collected. 46. Amount of tax determined by num- ber of teachers certified to county commissioners by county superin- tendent. 147. Payment based on number of teach- ers. 449. Apportionment in joint districts. 450. Additional support. 451. Report of principal. 452. Tuition free; paid in adjoining county. 453. Courses of study. 454. Some cities and counties exempt. 455. When in force. 456. "Barnes" law in effect in certain counties. 457. County treasurer to pay taxes col- lected. 458. Penalty, county treasurer not paying over money. 148. Payments based on attendance. 439. County Tax for High Schools. [9320] In every ounty in the state of Kansas in which one or more school dis- ricts or cities of less than sixteen thousand inhabitants shall lave maintained high schools with courses of instruction ad- nitting those who complete the same to the freshman class of he college of liberal arts and sciences of the University of Kansas, the county commissioners shall levy a tax each year of lot less than one-fourth of a mill nor more than three mills m the dollar of the assessed valuation of the taxable property within such counties for the purpose of creating a general high-school fund; provided that in counties of less than 4000 inhabitants and in which there is only one high school operat- ing under the provisions of this act, the county commissioners of such county may levy one-half mill for the purpose of aiding such high schools in the construction, maintenance and up- keep of such high-school buildings. (Laws 1913, ch. 277, sec. 1.) S 440. Levy; General Limitation. [11365] The authority of the board of county commissioners of each county, as pro- vided in chapter 397 of the Session Laws of 1905, to levy an- nually a tax by means of which to raise the necessary funds for the support of the high schools provided for by said chapter 397 of the Laws of 1905, is hereby limited so that the said board shall not levy in excess of five-tenths of one mill upon the dol- lar upon all taxable property. (Laws 1909, ch. 245, sec. 15.) 441. Limitation of Levy in Certain Counties. 124 That section 2 of chapter 317, of the Session Laws of 1915, be and the same is hereby amended to read as follows: Sec. 2. The authority of the board of county commissioners of each county, as provided in chapter 397 of the Session Laws of 1905, to levy annually a tax by means of which is raised the necessary funds for the support of the high school provided for by said chapter 397 of the Session Laws of 1905, is hereby limited so that the said board shall not levy in excess of nine-tenths mill upon all ;;axable property ; provided that .this section shall not apply to 124. Any part of section 442 in conflict with this section is thereby epealed. 152 BARNES HIGH SCHOOLS. [CH. 13 counties having a valuation in excess of thirty-five million dollars. (Laws 1917, ch. 288, sec. 2.) 4:2. Additional Limitation of Levy and Exceptions in Certain Counties. 125 That section 11365a of the General Stat- utes of Kansas for 1915 is amended to read as follows: Sec- tion 11365a. That the authority of the board of county com- missioners of each county as provided in chapter 397 of the Session Laws of 1905, to levy annually a tax by means of which it raised the necessary funds for the support of the high schools provided for by said chapter 397 of the Session Laws of 1905, is hereby limited so that the board shall not levy in excess of nine-tenths of a mill upon all taxable property in the county, or in that part of the county subject to taxation for the support of high schools established pursuant to sections 9320, 9321, 9322, 9323, 9324, 9325, 9326, 9327, 9328 and 9329 of the General Statutes of Kansas for 1915 ; provided, that this act shall not apply to counties having a valuation in excess of twenty-eight million dollars, except such counties or parts of counties as have a population in excess of 25,000 and as sup- port eight or more high schools established pursuant to said sections 9320, 9321, 9322, 9323, 9324, 9325, 9326, 9327, 9328 and 9329. (Laws 1917, ch. 285, sec. 1.) 443. Additional Levy to Pay Indebtedness. That in any county in the state of Kansas in which one or more high schools have been established pursuant to sections 9320, 9321, 9322, 9323, 9324, 9325, 9326, 9327, 9328 and 9329 of the Gen- eral Statutes of Kansas for 1915, in which there shall be an accrued indebtedness contracted in the legitimate conduct of such school or schools, which indebtedness exists at the time of the passage of this act> it shall be incumbent upon the county commissioners of such county to levy not exceeding four- tenths mill upon the assessed valuation of the county or part thereof subject to taxation for the benefit of such school or schools, the money so derived to be used in the payment of such indebtedness; provided, that the county superintendent of public instruction shall first ascertain the aggregate of such indebtedness and communicate the same to the county com- missioners, which aggregate sum shall be ,the basis upon which the levy required is computed, and the levy so made shall be, as near as can be approximately estimated, adequate to raise a sum sufficient to discharge such indebtedness and no more ; provided further, that any moneys derived from this source remaining in the treasury after all such indebtedness has been paid, as provided in this act, shall become the prop- erty of the general fund for the support and maintenance of the school or schools in such county established pursuant to 125. Any part of this section in conflict with section 441 is repealed thereby. C I. 13] BARNES HIGH SCHOOLS. 153 (st Jtions 9320, 9321, 9322, 9323, 9324, 9325, 9326, 9327, 9328 ai d 9329 of the General Statutes of Kansas for 1915, as before mentioned. (Laws 1917, ch. 287, sec. 1.) 444. Levy Made, When. [9321] The first levy shall b ; made when the result of the election or petition is de- t rmined, and a similar levy shall be made each year there- Ia 'ter ; provided, no levy shall be made until one or more such h gh schools shall have been maintained in the county the pre- c-ding school year. (Laws 1905, ch. 397, sec. 2.) 445. Funds Collected. [9322] Said tax shall be levied & id collected in the same manner as other county taxes, and, -\ -hen collected, the county treasurer shall pay the same to the t -asurers of the school districts maintaining high schools ac- ( Drding to the provisions of this act, as required by law, but no 1 art of said general high-school fund shall ever be used for ( ther than high-school purposes. 126 (Laws 1905, ch. 397, >ec. 3.) 446. Amount of Tax Determined by Number of Teachers < Certified to County Commissioners by County Superintendent. Section 9325 of the General Statutes of 1915 is hereby amended ! o as to read as follows : Sec. 9325. It shall be the duty of the ( ounty superintendent of public instruction on or before the wenty-fifth day of July in each year to certify to the board of Bounty commissioners the number of teachers employed in the several high schools complying with the provisions of this act n the county during the year ending on the thirtieth day of June preceding, counting, for the purpose of this act, each superintendent and each principal as one teacher, and the Bounty commissioners shall levy a tax, not in excess of the limit prescribed for this purpose by law, which levy shall be sufficient to produce an amount equal to $800 multiplied by the number of teachers employed during the preceding year in the high schools complying with the provisions of this act, which number shall have been determined and certified by the county superintendent as herein provided ; and in case the county com- missioners shall fail to make such levy, then the county super- intendent of public instruction shall make a suitable levy and shall certify the same to the county clerk, who shall enter upon the tax rolls the levy so made by the county superintendent. (Laws 1917, ch. 284, sec. 1.) 447. Payments Based on Number of Teachers. From the fund produced by the tax provided for in section 1 of this act, the county treasurer shall pay to the treasurer of the board of education of each city and the treasurer of each school dis- trict and the treasurer of each rural high-school district in the 126. The high-school fund levied under this act can not be used for the repair or erection of school buildings, except as provided in section 439. II 154 BARNES HIGH SCHOOLS. [CH. 13 county entitled to receive the same an amount equal to $400 multiplied by the number of teachers employed in the high school of said city or district during the preceding year, which number shall have been certified by the county superintendent of public instruction as provided in section 1 of this act. The payments herein provided for shall be made in two equal in- stallments, which shall be paid on or before the first day of February and on or before the first day of August in each year ; provided, that if the fund produced by the tax levy as herein provided shall not be sufficient to permit the payment of the amounts herein specified, the fund produced by such tax shall be distributed semiannually at the times herein stated to treas- urers of boards of education, school districts, and rural high- school districts in proportion to the number of teachers em- ployed in high schools during the year preceding the levying of said tax ; provided, that no payment shall be made to any board of education, school district, or rural high-school district unless a high school is actually maintained in accordance with the provisions of section 9320 of the General Statutes of 1915. (Laws 1917, ch. 284, sec. 2.) 448. Payments Based on Attendance. The county treas- urer of each county to which this act shall apply shall, in the month of August of each year, apportion and pay any and all moneys produced by the tax levy provided in section 1 of this act and remaining in his hands after the second semiannual payment has been made as provided in section 2 of this act, to the treasurer of the board of education of each city, the treas- urer of each school district, and the treasurer of each rural high-school district entitled to receive the same in proportion to the total number of days of actual attendance of all pupils in the high schools of said cities and districts during the school year immediately preceding said payment, which attendance of pupils shall be certified to the county treasurer by the county superintendent of public instruction. (Laws 1917, ch. 284, sec. 3.) 449. Apportionment in Joint Districts. Section 9333 of the General Statutes of 1915 is hereby amended so as to read as follows: Sec. 9333. Whenever any high school to which this act shall apply shall be maintained in any joint school dis- trict or in any rural high-school district lying partly in two or more counties, in each of which the provisions of chapter 397 of the Laws of 1905 and amendments thereto shall be in force, the county superintendent having jurisdiction over such joint school district, or the county superintendent of the county in which such rural high school is located, shall apportion the number of teachers employed in said high school to the several counties in which any part of said joint school district or said rural high-school district shall lie ; in the proportion which the Cl . 13] BARNES HIGH SCHOOLS. 155 ni mber of days of attendance in said high school of the pupils r dding in each county shall bear to the total number of days of attendance in said high school during the school year pre- cc ling the levy of the tax provided for in section 1 of this act, ai d said county superintendent shall report said apportionment to the county superintendents of the several counties in which a] y part of said joint school district or said rural high-school district shall lie, and said county superintendents shall certify tl e same to the county commissioners of their respective c< unties. Whenever any high school shall be maintained in any j( int school district or in any rural high-school district, any p irt of which district shall lie in any county in which the pro- v sions of chapter 397 of the Laws of 1905 and amendments t iereto shall be in force, and any other part or parts of which s lall lie in any county or counties in which said chapter 397 of t le Laws of 1905 and amendments thereto shall not be in force, i shall be the duty of the county superintendent having juris- c iction over said joint school district or the county superintend- e it of the county in which said rural high school is located to r lake an equitable apportionment based on the number of teachers employed and on the attendance of pupils as herein I rovided of the contribution which should be made by the ter- litory of the said joint school district or said rural high-school ( istrict lying in any county or counties in which said chapter * 97 of the Laws of 1905 and amendments thereto shall not be in j orce, and to certify the same to the county superintendents of the several counties in which any part of said joint district or j aid rural high-school district shall lie, and said county super- intendents shall certify to the county clerks of their respective counties a levy sufficient to meet said apportionment, and it shall be the duty of said county clerks to enter such levy on the ;ax rolls in addition to the other school taxes levied upon such territory of said joint school district or said rural high-school district lying in their respective counties. (Laws "17, ch. 284, sec. 4.) I >i I ."><). Additional Support. The board of education of any city, any school district, and any rural high-school district board may levy a tax, within the limits prescribed by law, to supplement the funds produced by the county tax provided for in this act. (Laws 1917, ch. 284, sec. 5.) 451. Report of Principal. [9324] It shall be the duty the principal of each such high school, at the expiration of e school year, to make a report, under oath, to the county uperintendent, showing the total enrollment and the daily attendance of each pupil, and the average daily attendance in high school for that year, and to furnish such other reports as the county superintendent may require, and his last month's salary shall not be due until such reports shall have been duly made. (Laws 1905, ch. 397, sec. 5.) 156 BARNES HIGH SCHOOLS. [CH. 453. Courses of Study. [9327] At least two courses of instruction shall be provided each requiring four years' work, 127 namely, a college preparatory course, which shall fully prepare those who complete it to enter the freshman class of the college of liberal arts and sciences of the University of Kansas, and -a general course, designed for those who do not intend to continue school work beyond the high school. (Laws 1905, ch. 397, sec. 8.) 453. Tuition Free; Paid in Adjoining County. That sec- tion 9326 of the General Statutes of Kansas be amended to read as follows : Sec. 9326. That tuition shall be free in all such high schools to pupils residing in the county where such schools are located; provided, that such pupils shall present to the high-school authorities an entrance certificate signed by the county superintendent of public instruction, certifying that such pupil has completed the course of study prescribed by the State Board of Education for the public schools below the high school; or who shall pass such -entrance examination as the high-school authorities may require ; and provided further, that wherever a community is remote from or is inconvenient of access to any high school operating organized under the pro- visions of this act, and there are not sufficient pupils of high- school advancement in such community to organize and main- tain another high school, the board of county commissioners shall upon recommendation of the county superintendent of public instruction, pay the tuition, not exceeding $4.00 per month, for such pupils of high-school advancement in the near- est high school to such community, but within the county or in the county adjacent thereto; provided further, that the county commissioners shall pay such tuition from the general fund of the county where such pupils reside. (Laws 1917, ch. 289, sec. 1.) 454. Some Cities and Counties Exempt. [9328] Cities having more than 16,000 inhabitants and counties having heretofore established county high schools or which may here- after establish county high schools under the laws now in force shall be exempt from the operation of this act. (Laws 1905, ch. 397, sec. 9.) 455. When in Force. [9329] This act shall not be in force in any county until its provisions are adopted therein by a majority of the electors voting on said proposition. At the next general election after the passage of this amendment, the following proposition shall be submitted in each county, or part of county, in the state to which this law may apply, namely : "May the provisions of the high-shool act of 1905, as amended by the Laws of 1907 and 1908, apply in this county?" 127. Two courses of four years each must be maintained. The col- lege preparatory course must be approved by the State Board of Educa- tion. Cl . 13] BARNES HIGH SCHOOLS. 157 Tl e election shall be conducted and such proposition shall be v( ;ed on and the votes then canvassed and returns made in all re ;pects as provided by law. Whenever a majority of the vc :ers voting on this proposition in any county, or part of any cc mty, to which this law may apply, at such election shall be in favor of such proposition, the provisions of this act shall aj ply in such county from the time such result is ascertained. If the proposition fails to carry at the next general election, it m ly be submitted in each county, or part of county, in this s1 ite to which this law shall apply, upon petition to the board oi county commissioners, signed by twenty-five per cent of the ti xpayers of such county, or part .of county, at any general e] action hereafter ; provided, that this law shall not be sub- n itted at the general election in 1908 in counties which have a ready adopted the provisions of the act to which this act is a nendatory. (Laws 1908, ch. 69, sec. 2.) 456. "Barnes" Law in Effect in Certain Counties. [9330] 1 hat in all counties of this state in which high schools have b sen established and maintained for one year, and which said h gh schools have been established and maintained under the p revisions of chapter 397 of the Laws of 1905, as amended by c lapter 333 of the Laws of 1907 and chapter 69 of the Laws of 1908, bya majority of all the votes cast on said proposition, s lid chapter 397 of the Laws of 1905, as amended by chapter 333 of the Laws of 1907 and by chapter 69 of the Laws of cf 1908, by a majority of all the votes cast on said proposition, 1 cation of this act in all such counties without again submit- ting the question to a vote of the electors; provided, however, this act shall not apply to counties where the proposition was xesubmitted under chapter 69 of the Session Laws of 1908 and K ejected. (Laws 1909, ch. 219, sec. 1.) 457. County Treasurer to Pay Taxes Collected. [9331] t shall be the duty of the county treasurer of every county in 1he state of Kansas to promptly pay over and distribute on demand all moneys now in his hands, or which may hereafter come into his hands by reason of any tax levy made by any county, city, township or school district, to the treasurer of ,he city, township or school district, for the use and benefit of which it was collected, under the provisions of chapter 397 of :he Laws of 1905, as amended by chapter 333 of the Laws of 1907 and by chapter 69 of the Laws of 1908. (Laws 1909, ch. 215, sec. 1.) 458. Penalty, County Treasurer Not Paying Over Money. [9332] Any county treasurer who shall violate the provisions f this act shall, upon conviction thereof, be fined in any sum ot exceeding five hundred dollars. (Laws 1909, ch. 215, ec. 2.) 158 TOWNSHIP HIGH SCHOOLS. [CH. ARTICLE VII. Rural High-school Districts Township High School 459. Authority to establish rural high schools. 460. Petition; election. 461. Territory containing town or city. 462. Canvass of vote; election of high- school board. 463. Annual school meeting; tax levy. 464. District in two or more counties. 465. Powers of board; bonds; site. 466. Authority of county superintendent; transfer of territory; governed by law for school districts. 467. Attachment of adjacent territory. 468. Course of study. 469. Admission of pupils. 470. Barnes law may apply. 471. Barnes law funds to be paid. 472. Township high schools. 459. Authority to Establish Rural High Schools. Sec- tion 9347 of the General Statutes of 1915 is hereby amended so as to read as follows : Sec. 9347. The legal electors residing in territory containing not less than sixteen square miles and comprising one or more townships or parts thereof shall have authority to form a rural high-school district, whose bound- aries shall have been approved by the county superintendent of public instruction of each county in which any part of such proposed district shall be situated, or by the state superin- tendent of public instruction in case the county superinten- dents of two or more counties shall fail to agree on the ap- proval of the boundaries of the proposed district, and to estab- lish, locate, and maintain therein a rural high school as herein- after provided. (Laws 1917, ch. 284, sec. 1.) 460. Petition; Election. Section 9348 of the General Statutes of 1915 is hereby amended so as to read as follows: Sec. 9348. Whenever a petition, signed by two-fifths of the legal electors residing in the territory of the proposed rural high-school district, to be determined by an enumeration taken for this purpose by any legal elector residing in said territory and by him certified under oath to the county commissioners, shall be presented to the board of county commissioners of the county in which lies the greatest portion of territory com- prising said district, reciting the boundaries of said proposed district and the approval thereof as provided in section 1 of this act, and requesting said board of county commissioners to call a special election to vote on establishing and locating a rural high school, and, if deemed necessary by the petitioners, to vote bonds for the purchase of a site and for the construc- tion of a high-school building, the proposed location and the amount of the bonds proposed to be stated in the petition, it shall be the duty of the board of county commissioners forth- with to call a special election in said proposed district to vote on establishing and locating a rural high school and to vote bonds for the purchase of a site and for the construction of a high-school building; provided, that no vote on the issuing of bonds shall be taken unless the petition calling for said elec- tion shall state the purpose for which bonds are to be issued and the amount of such bonds. All elections held under the provisions of this act shall be governed by the general election laws of the state when not contrary to this act. Notice of all such elections shall be given at least twenty-one days prior to Cl.. 13] TOWNSHIP HIGH SCHOOLS. 159 th3 date of such election by posting printed or typewritten n< tices on the door of each schoolhouse in the proposed district ai d by publishing the same twice in some newspaper published ir each county in which the proposed district or any part of the pi oposed district lies, and such elections shall not be called o; tener than once in every two years unless by petition of more tl an one-half the legal voters of said district presented to the p oper county commissioners. The board of county commis- s Dners calling the election shall appoint the judges and clerks the election and the boards of county commissioners of the c -unties in which said rural high-school district shall be situ- a ed shall make appropriations from the county funds to pay t le necessary expenses of said election, which shall be appor- t oned to the respective counties in proportion to the assessed \ iluation of the property in said rural high-school district ^ hich shall be in each of such counties ; provided, that if any 1 aral high school shall heretofore have voted to organize un- c er the provision of this section, and shall not have accumu- 1 ited any property, nor incurred any expense or obligation, i or issued any bonds or other evidence of indebtedness, such i ural high school may be disorganized upon a petition, notice, i nd election presented, given and held for the disorganization c f such rural high school upon the same terms and provisions i.s are hereinbefore prescribed in this section for the estab- lishing and locating thereof, except that such petition shall pray, such notice shall declare and such election shall be held :or the disorganization of said rural high school; provided, ihat this shall not affect any district in which a suit has been brought concerning the organization, or issuance of bonds. (Laws 1917, ch. 284, sec. 2.) S 461. Territory Containing Town or City. Section 9349 )f the General Statutes of 1915 is hereby amended so as to read as follows: Sec. 9349. If the territory comprising the proposed rural high-school district shall contain any incor- porated town or city with a population of more than 500, the election provided for in section 2 of this act shall not be called unless petitions shall be presented to the county commissioners, signed by two-fifths of the legal electors residing in said town or city and by two-fifths of the legal electors residing in the territory of the proposed rural high-school district outside of said town or city ; and when such petitions shall be presented, the county commissioners shall call an election as provided in section 2 of this act, and the vote in said town or city and in the territory outside of said town or city shall be taken and counted separately ; and a rural high-school district shall not be formed in territory containing any incorporated town or city with a population of more than 500 unless the proposition to form such a high-school district and to establish a high school therein shall be favored by a majority of those voting in said 160 TOWNSHIP HIGH SCHOOLS. [CH. 18 town or city and by a majority of those voting in the territory of the proposed rural high-school district outside of said town or city. (Laws 1917, ch. 284, sec. 3.) 462. Canvass of Vote; Election of High-school Board. [9350] On the Friday following the election held as provided in sections 2 and 3 of this act the board of county commis- sioners shall canvass the vote and shall report the same to the county superintendent of public instruction. Upon receiving notice that a proposition to establish a rural high school has been adopted by a majority of those voting in an election held as provided in sections 2 and 3 of this act, the county superin- tendent of public instruction shall call a special meeting, notice of which shall be given as provided in section 2, to elect a rural high-school board which shall consist of a director, clerk, and treasurer ; and the persons elected shall serve respectively until the expiration of the terms of director, clerk, and treas- urer of school districts, and thereafter rural high school of- ficers shall serve for a term of three years and until their suc- cessors are elected and qualified. (Laws 1915, ch. 311, sec. 4.) 463. Annual School Meeting; Tax Levy. Section 9351 of the General Statutes of 1915 is hereby amended so as to read as follows : Sec. 9351. The annual school meeting for the election of officers shall be held at two o'clock p. m., on the day preceding the date of the annual meeting of school districts. 128 The high-school board of each rural high-school district shall meet annually on the third Monday in April at two o'clock p. m. at the high-school building or at such other place as they may agree upon and shall make the necessary levy for taxes, not to exceed four mills on the dollar of valua- tion on all taxable property in the rural high-school district, to pay teachers, to create a certain fund to retire any indebted- ness and pay interest on the same, to purchase a site, to build, hire, or purchase a schoolhouse, and to pay the incidental ex- penses of said high school. The clerk of said district shall certify the levy to the county clerk, who shall extend the amount on the tax roll, and the county treasurer shall collect and pay over such taxes in the manner provided by law for school districts. (Laws 1917, ch. 284, sec. 4.) 464. District in Two or More Counties. In case any rural high-school district shall lie partly in two or more counties, the clerk of said high-school district shall certify the tax levy to the county clerk of each county in which any part of said high-school district lies, and said county clerk shall place the same on the tax roll and the county treasurer of each of said counties shall collect and pay over such taxes to the treas- urer of the high-school district as provided in section 5 ; and such rural high-school district shall be under the supervision 128. The annual meeting of school districts is held on the second Fri- day in April. (See section 286 of this book.) Cl. 13] TOWNSHIP HIGH SCHOOLS. 161 and control of the county superintendent of that one of the c unties in which at any time lies the greatest portion of the t rritory comprising said district. (Laws 1915, ch. 311, sec. 7.) g 465. Powers of Board; Bonds; Site. Section 9352 of the General Statutes of 1915 is hereby amended so as to read as follows: Sec. 9352. The rural high-school board shall have the care and control of all property belonging to the high- s hool district and, except as herein provided, shall have the p >wers prescribed by law for school-district boards. The rural h gh-school board shall have authority to secure a site, selected a * provided in section 2 of this act, either by donation or pur- c lase, to build or purchase a schoolhouse, and to hire a school- } ouse, school rooms, or other property to be used for school I urposes ; and the district board of any school district shall have i uthority and is hereby authorized to lease or cause to be 1 ;ased to any rural high school board any schoolhouse, school i ooms, or other property to be used for rural high-school pur- 1 oses. The rural hlghschool district board shall have au- 1 hority to issue the bonds of the rural high-school district for 1 he purchase of a site and for the construction of a building ( r buildings for school purposes ; provided, that no bonds shall le issued unless authorized by an election held in accordance with section 2 of this act or by an election held in accordance -vith sections 9177 and 9178 of the General Statutes of 1915; provided, that notice of all such elections in rural high-school districts shall be given as provided in section 2 of this act. Except as herein provided, the laws relating to the issuing of school-district bonds shall apply to rural high-school districts :'ormed in acordance with this act. If a site selected as herein Drovided can not be acquired by donation or otherwise, or by ourchase at a reasonable price, such site may be condemned in the manner provided in section 8917 of the General Statutes Df 1915 for the condemnation of sites in school districts; but the amount of land in the site so condemned shall not exceed ten acres, and the amount of land for site and grounds ac- quired by purchase without condemnation proceedings shall not exceed forty acres. (Laws 1917, ch. 284, sec. 5.) I 466. Authority of County Superintendent ; Transfer of Territory; Governed by Law for School Districts. Section 9354 of the General Statutes of 1915 is hereby amended so as to read as follows : Sec. 9354. The county superintendents of public instruction shall have authority to transfer territory from any rural high-school district to any adjoining rural high- school district or to any school district in which a four-year ac- credited high school is maintained, and notice of any such transfer of territory shall be given as provided by law for changes in school-district boundaries, and an appeal from the action of the county superintendent to the county com- the acti I 11 Sch. Laws. 162 TOWNSHIP HIGH SCHOOLS. [CH. 13 missioners may be taken in the manner provided by law for an appeal in the alteration of school-district boundaries; and county superintendents of public instruction shall have the same general supervision over rural high schools as they have by law over district schools, and rural high-school districts shall be governed as provided by law for school districts except as provided in this act. (Laws 1917, ch. 284, sec. 6.) 467. Attachment of Adjacent Territory. [9357] Terri- tory outside the limits of any rural high-school district, but adjacent thereto, may be attached to such high-school district for high-school purposes, upon application being made to the rural high-school board by a majority of the electors of such adjacent territory, and upon the approval of said rural high school board and the consent of the county superintendent of public instruction. The county superintendent shall make a record of such attachment of territory and shall publish a no- tice of the same, and thereafter such attached territory shall be and compose a part of such rural high-school district for such rural high-school purposes only, and the taxable property of such adjacent territory shall be subject to taxation and shall bear its full proportion of all expenses incurred in maintaining said rural high school. (Laws 1915, ch. 311, sec. 11.) 468. Course of Study. Section 9355 of the General Stat- utes of 1915 is hereby amended so as to read as follows : The rural high schools herein provided for shall follow the course of study prescribed for rural high schools by the state board of education, and said State Board of Education may extend the course of study so as to include a two-year course equiva- lent to the course of study prescribed by the State Board of Education for the last two years in the elementary schools. (Laws 1917, ch. 284, sec. 7.) 469. Admission of Pupils. [9356] Any pupil residing in the high school district who has completed the course of study provided for district schools by the State Board of Education, and who can present a certificate thereof signed by the county superintendent of public instruction shall be eligible to ad- mission to the rural high school ; and if provision shall be made by the rural high school board, with the approval of the county superintendent of public instruction, for teaching any branches belonging to the course of study for elementary district schools, such pupils as may be recommended by the county superintend- ent may be admitted and taught in rural high schools; pro- vided that pupils sixteen years of age or over may be admitted to such rural high schools by action of the rural high school board and may be assigned to such classes as the principal may determine. Tuition in a rural high school shall be free to all pupils residing in such high school district and non-resident pupils qualified as herein provided may be admitted, but not C I. 13] TOWNSHIP HIGH SCHOOLS. 163 t< the exclusion of any resident pupil, on the payment of a t .ition fee fixed by the high school board. (Laws 1915, ch. 3 11, sec. 10.) 470. "Barnes" Law May Apply. In any county in which t le provisions of chapter 397 of the Laws of 1905, with amend- rients thereto, shall, at the time when this act takes effect or 1 lereafter, be in force, the provisions of said chapter 397 of 1 le Laws of 1905, with amendments thereto, and chapter 272 ( f the Laws of 1911 shall apply to any rural high-school dis- 1 rict formed in such county in accordance with the provisions ( c chapter 311 of the Laws of 1915 and acts amendatory thereof r in accordance with this act in the same manner as is provided or school districts and cities; provided that the rural high- chool board may levy a tax as provided in section 3 of this ict for the purposes therein mentioned to supplement the imount which may be apportioned to said rural high-school iistrict from the county high-school fund. (Laws 1917, ch. >84, sec. 8.) 471. "Barnes" Law Funds to be Paid. In any county in which chapter 397 of the Laws of 1905 with amendments thereto, shall be in force at the time when this act takes effect, if the county superintendent of public instruction shall have certified to the county clerk and the county treasurer, as pro- vided in section 1, chapter 333 of the Laws of 1907, the amount necessary for the maintenance of any rural high school in any rural high-school district; and -if the pro rata part of the gen- eral high-school fund apportioned to such rural high-school dis- trict, levied and collected as provided in said chapter 397 of the Laws of 1905, with amendments thereto, shall not have been paid over by the county treasurer to the treasurer of such rural high-school district at the time when this act takes effect, it is hereby made the duty of said county treasurer to pay over said pro rata part of the general high-school fund to the treas- urer of any rural high-school district for the use and benefit of which it was levied and collected, as provided in chapter 397 of the Laws of 1905 and amendments thereto. (Laws 1917, ch. 284, sec. 9.) $472. Township High Schools. Township high schools heretofore established under the provisions of chapter 262 of the Session Laws of 1911 or chapter 278 of the Session Laws of 1913 shall hereafter be governed by the laws relating to rural high-school districts. (Laws 1917, ch. 284, sec, 10.) 164 HIGH-SCHOOL EXTENSION. [CH. i: ARTICLE VIII. High-school Fraternities. 473. Membership unlawful. | 474. Penalty. 473. Membership Unlawful. [9450] It shall be unlaw- ful for the pupils of any high schools to participate in or be members of any secret fraternity or secret organization what- soever that is in any degree a school organization. (Laws 1907, ch. 320, sec. 1.) 474. Penalty. [9451] Any board of education or board of trustees of county high schools are hereby authorized and empowered to deny to r.ny student regularly enrolled in such high school, who shall violate section 1 of this act, any or all of the .privileges of such high school or to expel such student for failure or refusal to comply with the requirements of this act. (Laws 1907, ch. 320, sec. 2.) ARTICLE IX. High-school Extension (Junior College). 475. Authority to provide extension of high-school course. 476. Election. 477. Course of study. 478. Inspection and approval; privileges of graduates. 475. Authority to Provide Extension of High-school Course. The board of education of any city of the first or second class and the board of trustees of any county high school may provide for an extension of the high-school course of study by establishing for high-school graduates a two-year course in advance of the course prescribed for accredited high schools by the State Board of Education; provided, that at a general election or at a special election called for the purpose, in the manner provided by law, a majority of the electors voting on the proposition shall favor such an extension of the high-school course of study. For maintenance of such extension, either wholly or in part, the board of education in any city of the first or second class may levy a tax not exceeding two mills on the dollar of the assessed valuation of the city, and the board of trustees of any county high school may levy a tax not exceeding one-tenth of a mill on the dollar of the assessed valuation of the county, and such levy or levies may be in addition to any other levy or levies provided by law for the support of schools in cities of the first and second class or for the support of county high schools. (Laws 1917, ch. 283, sec. 1.) 476. Election. For the purpose mentioned in section 1 of this act, the mayor of any city of the first or second class shall call a special election or shall cause the question to be submitted at a general election at the request of the board of education of such city, or upon petition of two-fifths of the electors of such city; and the county commissioners of any county shall call a special election or shall cause the question to be submitted at a general election at the request of the board of trustees of the county high school, or upon petition of two- C I. 13] HIGH-SCHOOL EXTENSION. 165 fi ths of the electors in such county ; and if a special election is called the same shall be held in the manner provided by law f r holding general elections so far as the same is applicable ; Provided, the expenses of such special election shall be paid f -om the school funds by the board of education or the board () : high-school trustees at whose request the election shall have 1 3en called. (Laws 1917, ch. 283, sec. 2.) 477. Course of Study. The State Board of Education lall prescribe the course of study for the high-school extension 1 rovided for in section 1 of this act, which shall be approxi- i lately equivalent to the course of study in the first and second : ears of accredited colleges ; and if the buildings, equipment, astructors and instruction shall be approved by the State toard of Education, any person who shall have completed the wo-year course of study herein provided for, and who shall lave complied with the requirements made by the State Board )f Education, shall be entitled to all privileges granted by the State Board of Education to persons who complete a two-year course in an accredited college. (Laws 1917, ch. 283, sec. 3.) 478. Inspection and Approval; Privileges of Graduates. The State Board of Education shall have authority to inspect any private institution which shall provide a two-year course of study in advance of the course prescribed for accredited high schools and, if the buildings, equipment, instructors and instruction shall be approved by the State Board of Educa- tion, any person who shall have completed the two-year course of study herein provided for, and who shall have complied with the requirements made by the State Board of Education, shall be entitled to all privileges granted by the State Board of Edu- cation to persons who complete a two-year course in an ac- credited college. (Laws 1917, ch. 283, sec. 4.) 166 INDUSTRIAL EDUCATION. [Cn. 14 CHAPTER XIV. Industrial Education. 479. Acceptance of provisions of act of Congress. 480. Administration by State Board of Education. 481. Establishment and maintenance of vocational schools. 482. State and federal aid. 48.3. Apportionment of funds. 484. State treasurer custodian. 486. Appropriation for vocational educa- tion. 487. Warrants. 488. Tax for industrial training. 489. Boards may provide school rooms. 490. State board' prescribes course and standards. 491. Report to state superintendent. 492. State aid. 485. Report of state treasurer. 479. Acceptance of Provisions of Act of Congress. The state of Kansas does hereby accept the provisions and benefits of an act passed by the Senate and House of Representatives of the United States of America in Congress assembled en- titled: "An act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appro- priate money and regulate its expenditure," approved Febru- ary 24, 1917, and will observe and comply with all the require- ments of said act. (Laws 1917, ch. 280, sec. 1.) 480. Administration by State Board of Education. The State Board of Education is hereby designated as the state board for the administration of the act mentioned in section 1 of this act, and is hereby charged with the duty and responsi- bility of cooperating with the Federal Board for Vocational Education in the administration of said act and is given all power necessary for such administration and cooperation. (Laws 1917, ch. 280, sec. 2.) 481. Establishment and Maintenance of Vocational Schools. The State Board of Education is hereby authorized to cooperate with local communities in establishing and main- taining public vocational schools and classes as provided for in this act, to provide for the preparation of teachers of voca- tional subjects and to issue certificates to teachers of voca- tional subjects who shall have the qualifications specified by said board. (Laws 1917, ch. 280, sec. 3.) 482. State and Federal Aid. The State Board of Educa- tion shall have authority to inspect, as a basis for approval for the purposes of this act, any public schools or classes provid- ing training in agriculture, industrial arts, household arts, or commercial subjects, and any schools or classes providing for the preparation of teachers and supervisors of such subjects ; and such schools and classes as shall have been approved by the state board for the purposes of this act in respect to site, plant, equipment, qualifications of teachers, admission of pupils, courses of study, and methods of instruction shall be I C L 14] INDUSTRIAL EDUCATION. 167 ei titled to an allotment of federal funds ; and any school or c! iss which shall receive the benefit of federal money allotted t< the state of Kansas by the Federal Board for Vocational Education shall also be entitled to an equal amount which shall b > provided by appropriation by the legislature of the state of 1 ansas. (Laws 1917, ch. 280, sec. 4.) $ 483. Apportionment of Funds. The State Board of Edu- c ition shall apportion any and all moneys which may be i Hotted to the state of Kansas by the Federal Board of Voca- 1 onal Education, and any and all moneys which may be appro- 1 riated for the purposes of this act by the legislature of the j- cate of Kansas, and said board shall make all necessary rules j nd regulations pertaining thereto. (Laws 1917, ch. 280, > i ec. 5.) 484. State Treasurer Custodian. The state treasurer is hereby designated as the custodian for vocational education ,s provided in this act and is charged with the duty and re- ponsibility of receiving and disbursing any moneys paid to he state from appropriations made by Congress for the pur- )oses of this act and any moneys which may be appropriated >y the legislature of the state of Kansas for the purposes of ;his act. Said moneys shall be paid on warrants drawn by the state auditor on vouchers approved by the state superintend- ent of public instruction. (Laws 1917, ch. 280, sec. 6.) 485. Report of State Treasurer. The state treasurer shall make a biennial report to the State Board of Education showing the receipts and disbursements of all moneys received and paid by him under the provisions of this act. (Laws 1917, ch. 280, sec. 7.) 486. Appropriation for Vocational Education. For the use of the State Board of Education in carrying out the pro- visions of House bill No. 886 there is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of $32,000 for the fiscal year ending June 30, 1918, and the sum of $45,000 for the fiscal year ending June 30, 1919. (Laws 1917, ch. 47, sec. 1.) 8 -1ST. Warrants. The state auditor is hereby authorized and directed to draw his warrants on the state treasurer for the purpose mentioned in section 1 of this act upon vouchers approved by the state superintendent of public instruction. (Laws 1917, ch. 47, sec. 2.) 488. Tax for Industrial Training. [9384] The board of education of each city of the first class and second class, and the annual school meeting of any school district, may, in addi- tion to the other levies, levy a tax not to exceed one-half mill 129 B 129. Limited to one-eighth of a mill by Laws 1909, ch. 245, sc. 25 (section 536 of this book). 168 INDUSTRIAL EDUCATION. [CH. 14 upon the dollar of assessed valuation in cities of the first and second class, and not to exceed one mill 130 on the dollar of the assessed valuation in all other cities and school districts, for the equipment and maintenance of industrial-training schools or industrial-training departments of the public schools. The sum raised by such levies shall be expended for the purpose named in this act and no other. (Laws 1903, ch. 20, sec. 1.) 489. Boards May Provide Schoolrooms. [9385] Said board of education and district board, upon such levy being made, may provide for a separate school or a separate depart- ment in some existing school, and may employ such teachers as they think are competent to give instruction in industrial training, as required by their course of study ; and it shall be the duty of such board to provide, from the funds received under the provisions of this act, the necessary books, ap- pliances and room for such instruction, and it shall be the duty of such board to prescribe a course of study to meet the special needs of the district or city, which course of study must be approved by the State Board of Education. (Laws 1903, ch. 20, sec. 2.) 490. State Board Prescribes Course and Standard. [9386] The State Board of Education shall establish a standard for teachers of industrial training, and shall grant special cer- tificates to those who are fully qualified to give instruction therein ; and they shall prescribe the course of study in indus- trial training to be used in the state. (Laws 1903, ch. 20, sec. 3.) 491. Report to State Superintendent. [9387] On the 1st day of July in each year, the clerk of each school board or district maintaining a school or department for industrial training as aforesaid, and desiring state aid, shall make a re- port, duly certified, to the state superintendent of public in- struction, in such form as may be required, setting forth the facts relating to the cost of maintaining such school or de- partment for industrial training, the character of the work done, the number and names of the teachers employed in such work, and the length of time such school or department was maintained during the preceding year. Upon receipt of such report, the state superintendent, when satisfied therefrom, and from such other investigation as he may deem advisable, that such school or department for industrial training has been es- tablished and maintained for a period of six months in the year immediately preceding, and has been taught by a special teacher or teachers having the qualifications mentioned in sec- tions 3 and 4 of this act, 131 shall make a certificate to that 130. Limited to one-quarter of a mill by Laws 1909, ch. 245, sec. 25 (section 536 of this book). 131. Sections 490 and 491 of this book. Cil.14] INDUSTRIAL EDUCATION. 169 elect, showing also the amount of money expended by such s< 100! district in the twelve months immediately preceding tl e 1st day of July of each year in maintaining such school or d partment for industrial training, and submit such certifi- es te to the state auditor. (Laws 1903, ch. 20, sec. 4.) S 192. State Aid. 132 [9388] Upon receiving such certifi- es te mentioned in section 4 132 of this act, the state auditor si all draw his warrant upon the state treasurer, payable to tl e treasurer of the school district or board of education main- ti ining said school or department, for a sum of money equal t< that contributed by such school district for such purpose, b it not exceeding the sum of $250 ; and provided, that the t -tal sum of money contributed by the state as aforesaid for s ich purposes shall not exceed the sum of $10,000 in any one y >ar. (Laws 1903, ch. 20, sec. 5.) 132. State aid is not available unless the legislature makes appropria- t ons for this purpose. No appropriation was made under this act for 1 117 or 1918. 170 INDUSTRIAL-SCHOOL PUPILS. [CH. CHAPTER XV. Industrial-school Pupils. 133 493. County superintendent shall visit in- dentured pupils. 494. Pupils not properly provided for. 495. County superintendent to seek out persons willing to receive inden- tured pupils. 493. County Superintendent Shall Visit Indentured Pupils. [10115] The superintendents of public instruction in the several counties of the state are hereby designated as visiting agents, to have local supervision over indentured pupils of the reform 134 school. It shall be the duty of each visiting agent to visit as often as twice each year all pupils of the reform school 134 who may have been indentured to persons residing within his county. He shall inquire into the condition of such pupils, and make such other investigations in relation thereto as the board of trustees may prescribe; and for the purpose aforesaid, said agents may have private interviews with such pupils at any time, and shall have power to adminis- ter oaths. (Laws 1881, ch. 129, sec. 13.) 494. Pupils Not Properly Provided for. [10116] When any visiting agent is of the opinion that an indentured pupil is not properly provided for, and can not be so held to his fur- ther advantage, he shall report the fact to the board of trus- tees; and no pupil shall be indentured to any person until notice of an application therefor has been given to said agent, and his report in writing, made after investigation into the propriety thereof, is filed with the institution. (Laws 1881, ch. 129, sec. 14.) 495. Seek Out Persons to Receive Indentured Pupils. [10117} Said agent shall seek out suitable persons who are willing to receive pupils from the reform school 134 under arti- cles of indenture, and give notice thereof to the president of the board of trustees, which notice shall contain the agent's recommendation of the applicant as a proper person to receive and have the care of any such pupil. (Laws 1881, ch. 129, sec. 15.) 133. The requirements of this chapter are probably modified by the provisions of chapter 475, Laws of 1905, entitled "Board of Control of State Charitable Institutions." 134. Refers to Industrial School for Boys and the Industrial School for Girls. Ci .16] JUVENILE COURT. 1.71 CHAPTER XVI. Juvenile Court. 14 3. < I 4 3. 4 9. 5 0. 5 1. )7. 08. 09. 10. 11. 12. Probate judge; jurisdiction; author- 513. ity ; fees. Over whom the juvenile court has 514. jurisdiction. Probation officer; appointed; duties; 515. truant officer. Who may make the complaint. 516. Summoning custodian of child. 517. Custody of child; continuance of the 518. hearing. 519. Care of dependent or neglected child. 520. The child as the ward of an asso- ciation or individual. The child committed to the care of a 521. probation officer. The court may revoke the custody. 522. Child under sixteen not to be taken 523. before courts other than juvenile courts. 524. Appeals to district court. 525. Assistance of city and county at- torneys, and other officials. 526. Discretion of juvenile court as to 527. penalties of state laws and city 528. ordinances. 529. Care and custody of child to be 530. parental. 531. Parents responsible for delinquency 532. of children; penalty. 533. Suspension of sentences; release; 534. bond. Custody of child during suspension of sentence. Forfeiture of bond and term of pro- bation. Judgment in case of forfeiture of bond. Acts not repealed. Detention home; juvenile farm. Government of detention nome. Record of inmates of detention home. Tax levie^ for detention home or juvenile farm; salary of matron or superintendent. Annual report of judge of juvenile court. Jurisdiction after the age of sixteen. Compensation in counties having a population of over 25,000. Jurisdiction. Police and sheriff entitled to witness fees. Blanks. Procedure in juvenile court. Appeal. Parental home in certain counties. Inmates. Tax for buildings and support. Managers; advisory board. Supervision. Salaries; expenses. 496. Probate Judge ; Jurisdiction ; Authority ; Fees. [3065] That there be and hereby is created and established ii each county of the state a court, to be known as the "ju- ^enile court," whose jurisdiction shall pertain to the care of ( Dependent, neglected and delinquent children. The probate judge of each county shall be the judge of the juvenile court in his county, and he shall be furnished by the board of county c ommissioners, at the expense of the county, with such dockets, records, and blanks, upon his requisition, as may be necessary in the conduct of the business of the court. Said court shall have jurisdiction of all cases concerning dependent, neglected and delinquent children in their respective counties, shall be )pen at all times for the transaction of business, and may make such disposition of cases as is hereinafter provided. They shall have authority to issue subpoenas for witnesses, and compel their attendance by attachment as for contempt, and to issue all other process that may be necessary in any case, the same as justices of the peace are authorized to do in misde- meanors. All writs and process shall be served by the proba- tion officer of the court, or, in his absence, by some person especially deputized for that purpose by the court. The judge of the juvenile court shall receive as compensation for his services the same fees as are allowed the probate judge for like services, and said fees shall be in addition to all fees or salary received by him as judge of the probate court; said fees II 172 JUVENILE COURT. [CH. ll are to be allowed by the county commissioners and paid out of the county treasury. (Laws 1905, ch. 190, sec. 1.) 497. Over Whom the Juvenile Court Has Jurisdiction. [3066] This act shall apply only to children under the age of sixteen years, not now or hereinafter inmates of any state in- stitution or any industrial school for boys or industrial school for girls or some institution incorporated under the laws of this state; provided that when jurisdiction has been acquired under the provisions hereof over the person of a child, such jurisdiction may continue for the purpose of this act until the child has attained its majority. For the purpose of this act, the word "dependtnt child" and "neglected child" shall mean any child who for any reason is destitute or homeless or -abandoned, or dependent upon the public for support, or has not proper parental care or guardianship, and has idle and immoral habits, or who habitually begs or receives alms, or who is found living in any house of ill fame or with any vicious or disreputable persons ; or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guard- ian or other person in whose care it may be, is an unfit place for such a child ; or any child under the age of* ten years who is found begging, peddling, or selling any article, or singing or playing any musical instrument upon the street, or who accompanies or is used in aid of any person so doing. The words "delinquent child" shall include any child under the age of sixteen years who violates any law of this state or any city, town or village ordinance ; or who is incorrigible ; or who knowingly associates with thieves, vicious or immoral per- sons ; or who is growing up in idleness or crime ; or who know- ingly patronizes any pool-rooms or place where gambling de- vices are operated. The word "child" or "children" may mean one or more children, and the word "parent" or "parents" may be held to mean one or both parents, when consistent with the intent of this act. The word "association" shall include any corporation which includes in its purpose -the care or discipline of children coming within the meaning of this act. (Laws 1905, ch. 190, sec. 2.) 498. Probation Officer; Appointed; Duties; Truant Officer. [3067] The juvenile court having jurisdiction under this act shall appoint or designate one or more discreet persons of good character to serve as probation officers during the pleas- ure of the court ; said probation officer shall receive as compen- sation from the public treasury a sum to be fixed by the court, said sum not to exceed two dollars per day for services actually performed; provided, that in cities having a population of 15,000 or over, the compensation shall not be more than three dollars per day. Whenever there is to be a child brought before any court having a probation officer, it shall be the duty of the judge of the court, if practicable, to notify the probation officer )] JUVENILE COURT. 173 n advance when any child is to be brought before the court. It *hall be the duty of said probation officer to make such inves- tU ation as may be required by the court ; to be present in court in order to represent the interest of the child when the case is h( ard ; to furnish to the court such information and assistance a^ the judge may require, and to take such charge of any child b( fore and after trial as may be directed by the court ; and the C( art shall have power to make and enforce rules specifying the duties of the probation officer in any and all cases. The ji dge of v said juvenile court may, at his discretion, designate a. 1 ^ probation officer the regular truant officer of the county, who si all perform the duties of this office in addition to the duties the truant officer, as provided by law, and he shall receive n further remuneration than is provided by laws already ex- is ting. Any probation officer may, without warrant or other p *ocess, at any time until the final disposition of the case of a ly child over whom said juvenile court shall have acquired j irisdiction, take the child placed in his care by said court and b -ing the child before the court, or the court may issue a war- r int for the arrest of any child, and the court may thereupon p roceed to sentence or make such other disposition of the case as he may deem best. (Laws 1905, ch. 190, sec. 3.) 499. Who May Make the Complaint. [3068] Any repu- t ible person, being a resident in the county, having knowl- edge of a child in his county who appears to be either depend- ent, neglected or delinquent within the meaning of this act, riay file with the court having jurisdiction in the matter a 1 etition, in writing, setting forth the facts, verified by affidavit. It shall be sufficient that the affidavit be upon information and belief. If it shall be determined by the court that there is no ground for complaint no permanent record shall be made by he court. (Laws 1905, ch. 190, sec. 4.) S .">OO. Summoning Custodian of Child. [3069] Upon the filing of the petition, unless the parties shall voluntarily ap- pear or be in court a summons shall issue in the name of the state of Kansas requiring the child and the person having custody and control of the child, or with whom the child may ')e, to appear with the child at the place and at the time set n the summons, which shall not be later than twenty-four nours after service, unless otherwise directed by the court. The parent of the child, if living, and their residence known, . or its legal guardian, if one there be, or if there is neither parent nor guardian, or if his or her residence is unknown, then some relative, if there be one, and his or her residence is known, shall be notified of the proceedings; and in any case the judge may appoint some suitable person or association to act in behalf of the child. If the person summoned, as herein provided, shall fail without reasonable cause to appear and abide the order of the court, or to bring the child, such person 174 JUVENILE COURT. may be proceeded against as in case of contempt of court. In case the summons can not be served, or the party served shall fail to obey the same, or in case when it shall be made to ap- pear to the court that such summons will be ineffectual, a war- rant may issue on order of the court, either against the parent or guardian, or the person having custody of the child, or against the child itself. On the return of the summons or other process, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case in a summary manner and enter final judgment therein; and the costs of all proceed- ings under this act may in the discretion of the court, be ad- judged against the person or persons so summoned, appear- ings under this act may in the discretion of the court be ad- vided by law in civil cases. (Laws 1905, ch. 190, sec. 5.) 501. Custody of the Child; Continuance of the Hearing. [3070] In any case the court may continue the hearing from time to time, and may in the meantime commit the child to the care and control of the probation officer, or may allow such child to remain in its own home, or in the custody of some suitable person, subject to the supervision and control of the probation officer and to such other conditions as may be im- posed by the court; or the court may authorize the child to be placed in a suitable family home, subject to the friendly super- vision of the probation officer and the further order of the court. Pending a hearing, no child shall be committed to a jail or police station, except, in case of felony, the judge, if he deems it advisable, may commit such child to jail until the trial and final disposition of the case ; but when other provision shall not have been made for its care and custody, the court shall direct it to be kept in some suitable place provided by the county outside of a jail or police station. (Laws 1905, ch. 190 sec. 6.) 502. Care of Dependent or Neglected Child. [3071 When any child under the age of sixteen years shall be found to be dependent or neglected, within the meaning of this act, the court may make an order committing the child to the care of some suitable institution, or the care of some reputable citizen of good moral character, or to the care of some training school or an industrial school, as provided by law, or to the care of some association willing to receive it, embracing in its object the purpose of caring for or obtaining homes for neglected or dependent children. The court may, when the health or condi- tion of the child shall require it, cause the child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution which will receive it for like purpose without charge. (Laws 1905, ch. 190, sec. 7.) 503. The Child as the Ward of an Association or In- dividual. [3072] In any case where the court shall award ; JUVENILE COURT. 175 a hild to the care of any association or individual, in accord- ai :e with the provisions of this act, the child shall, unless ot lerwise ordered, become a ward, and be subject to the guar- di mship of the association or individual to whose care it is co nmitted. Such association or indivdual shall have authority to place such child in a family home, with or without indenture, ai d may be made party to any proceedings for the legal adop- ti n of the child, and may by its or his attorney or agent appear *i any court where such proceedings are pending and assent to si ch adoption ; and such assent shall be sufficient to authorize tl e court to enter proper order or decree of adoption. Such g lardianship shall not include the guardianship of any estate o the child. (Laws 1905, ch. 190, sec. 8.) 504. The Child Committed to the Care of a Probation C fficer. [3073] In case of a delinquent child, the court may c ntinue the hearing from time to time, and may in the mean- t me commit the child to the care and control of a probation o ficer duly appointed by the court, and may allow such child t remain in its own home, subject to the visitation and control of the probation officer; such child to report to the court as o cten as may be required, and shall be subject to be returned to t le court for further proceedings whenever such action shall a ppear to the court to be necessary ; or the court may authorize t le child to be placed in a suitable family home, subject to the friendly supervision of the probation officer and the further c rder of the court ; or it may authorize the child to be boarded cut in some suitable family home, in case provision is made by \ oluntary contribution or otherwise for payment of the board cf such child until suitable provision may be made for the child in a home without such payment; or the court may com- mit the child to a suitable institution for the care of delinquent c hildren ; provided, that no child under the age of sixteen years shall be committed to the State Reformatory, and in no case j-hall a child be committed beyond his or her minority. A child committed to such institution shall be subject to the control of the board of managers thereof, and the board shall have power ^x> parole such child on such conditions as it may prescribe; and the court shall, on the recommendation of the board, have power to discharge such child from custody whenever, in the judgment of the court, his or her reformation is complete; or the court may commit the child to the care and custody of some association that will receive it, embracing in its objects the care of neglected and dependent children, if such institution be duly Fr ^^ted as hereinafter provided, or to the care and custody of discreet person. (Laws 1905, ch. 190, sec. 9.) ><).!. The Court May Revoke the Custody. [3074] In case where a dependent, neglected or delinquent child has committed to the care and custody of any association or K. 16 176 JUVENILE COURT. [CH. individual, the court may cause the child to be brought before it, together with the person in whose custody he may be, and if it shall appear that a continuance of such custody is not for the best interests of such child, the court may revoke and set aside the order giving such custody, and make such further orders in the premises as to the future disposition of the child as shall seem best. (Laws 1905, ch. 190, sec. 10.) 506. Child under Sixteen Not to be Taken Before Courts Other than Juvenile Courts. [3075] When a child under the age of sixteen years is arrested, with or without a war- rant, such child shall, instead of being taken before a justice of the peace or police magistrate or judge or any other court now or hereafter having jurisdiction of the offense charged, be taken before such juvenile court; or if the child shall have been taken before a justice of the peace or police magistrate or judge of such court, it shall be the duty of such justice of the peace or police magistrate or judge of such court to transfer the case to such juvenile court, and of the officer having the child in charge to take such child before said court; and in any such case the said court may proceed to hear the defense of the case in the same manner as if the child had been brought before the court upon the petition as herein provided. In any case the court shall require notice to be given and investiga- tion to be made as in the several cases under this act provided for, and may adjourn the hearing from time to time for the purpose. (Laws 1905, ch. 190, sec. 11.) 507. Appeal to District Court. [3076] An appeal shall be allowed to the district court by any child from the final order of commitment made by the juvenile court, and may be demanded on the part of the child by its parent, guardian, or custodian, or by any relation of such child within the third degree of kinship. Such appeal shall be taken within ten days after the making of the order complained of by written notice of appeal filed with the judge of the juvenile court; whereupon it shall be the duty of the judge of said court, without unneces- sary delay, to transmit all papers, together with a transcript of his records of the case, to the clerk of the district court of his county, by whom the case shall be docketed in the order of its reception. Such appeal shall not suspend or vacate the order appealed from, but the same shall continue in force in all respects the same as if no appeal had been taken until final judgment has been rendered in the district court; provided, however, that the judge of the district court may, pending a hearing on appeal, make such modifications of the order of the juvenile court and upon such conditions as to him may seem proper. Upon the final hearing on appeal the case shall be heard and disposed of in the spirit of this act and in the exer- cise of all the powers and discretion herein given to the juve- nile court. In all cases of felony the judge of the juvenile ClI , 16] JUVENILE COURT. 177 co irt may remand the person apprehended to the district court or county court for trial. (Laws 1905, ch. 190, sec. 12.) ; .">08. Assistance of City and County Attorneys, and Other Of icials. [3077] It shall be the duty of all county attorneys wi:hin their respective counties, and city attorneys within th ;ir respective cities, to give to the probation officers such ai-l in the performance of their duties as may be consistent with the duties of the office of such attorneys. It shall be the di ties of the police officers and constables making arrests of children under sixteen years of age in the counties herein m jntioned to at once give information of that fact to the pi obation officer or to the judge of the juvenile court herein pi ovided, and also to furnish such probation officer or judge w th all the facts in his possession pertaining to said child, its pj rents, guardian, or other person likely to be interested in si ch child, and also the nature of the charge upon which such cl arge has been made. Any probation officer may, without w irrant or other process, at any time until final disposition of tl e case of any child over whom said juvenile court shall have a quired jurisdiction, take any child placed in his care by said c( urt and bring such child before the court, or the court may is sue a warrant for the arrest of any such child ; and the court nr ay thereupon proceed to sentence or make other disposition o ' the case. (Laws 1905, ch. 190, sec. 13.) 509. Discretion of Juvenile Court as to Penalties of State Laws and City Ordinances. [3078] All punishments and penalties imposed by law upon persons for the commission o:' offenses against the laws of the state, or imposed by city finances for the violation of such ordinances, in the case of delinquent children under the age of sixteen years, shall rest in the discretion of the judge of the juvenile court, and execu- tion of any sentence may be suspended or remitted by said ourt. (Laws 1905, ch. 190, sec. 14.) 510. Care and Custody of Child to be Parental. [3079] This act shall be liberally construed, to the end that its pur- poses may be carried out, to wit, that the care, custody and discipline of a child shall approximate, as nearly as may be, p roper parental care ; and in all cases where the same can be properly done that a child may be placed in an approved family home, by legal adoption or otherwise. And in no case shall z.ny proceedings, order or judgment of the juvenile court, in ( ases coming within the purview of this act, be deemed or held 1 o import a criminal act on the part of any child ; but all pro- ceedings, orders and judgments shall be deemed to have been taken and done in the exercise of the parental power of the state. (Laws 1905, ch. 190, sec. 15.) $511. Parents Responsible for Delinquency of Children; Penalty. [3080] In all cases where any child shall be a 12 Sch. Laws. 178 JUVENILE COURT. [CH. 16 delinquent, dependent or neglected child, as defined by the stat- utes of this state, the parent or parents or other persons re- sponsible for or by any act causing, encouraging or con- tributing to such delinquency, dependency or neglect shall be deemed guilty of a misdemeanor, and upon trial and convic- tion thereof shall be fined in a sum not to exceed one thousand dollars, or imprisoned in the county jail for a period not to exceed one year, or by both such fine and imprisonment. The juvenile courts shall have jurisdiction of all cases coming within the provisions of this act. (Laws 1907, ch. 177, sec. 1.) 512. Suspension of Sentence; Release; Bond. [3081] The court may suspend any sentence hereunder or release any person sentenced under this act from custody upon condition that such person shall furnish a good and sufficient bond or undertaking to the people of the state of Kansas in such penal sum, not exceeding two thousand dollars, as the court shall determine, conditioned for the payment of such amount as the court may order, not exceeding twenty-five dollars per month for each child, for the support, care and maintenance of such child while under the guardianship, or in the custody of any individual or any public, private or state home, institution, as- sociation or orphanage to which the child may have been com- mitted or entrusted under the provisions of the laws of this state concerning dependent and neglected children. (Laws 1907, ch. 177, sec. 2.) 513. Custody of Child During Suspension of Sentence. [3082] The court may also suspend any sentence imposed under this act, and may permit any dependent child to remain in the custody of any such person found guilty upon conditions to be prescribed or imposed by the court as seem most calcu- lated to remove the cause of such dependence or neglect, and while such conditions are accepted and complied with by any such person such sentence may remain suspended and such person shall be considered on probation in said court ; in case a bond is given as provided herein, the conditions prescribed by the court may be made a part of the terms and conditions of such bond. (Laws 1907, ch. 177, sec. 3.) 514. Forfeiture of Bond and Term of Probation. [3083] Upon the failure of any such person to comply with the terms and conditions of such bond or of the conditions imposed by the court, such bond or the term of probation may be declared forfeited and terminated by the court, and the original sen- tence executed as though it had never been suspended, and the term of any jail sentence imposed in any such case shall com- mence from the date of the incarceration of any such person after the forfeiture of such bond or term of probation. There shall be deducted from any such period of incarceration any part of such sentence which may have already been served (Laws 1907, ch. 177, sec. 4.) JUVENILE COURT. 179 . 515. Judgment in Case of Forfeiture of Bond. [3084] It shall not be necessary to bring a separate suit to recover the p nalty of any such bond so forfeited, but the court may cause a citation to issue to the surety or sureties thereon, requiring tl at he or they appear at a time named therein by the court, v hich time shall not be less than ten nor more than twenty d tys from the issuance thereof, and show cause, if any there b ;, why judgment should not be entered for the penalty of s ich bond and execution issued for the amount thereof a gainst the property of the surety or sureties thereon, as in c vil cases, and upon failure to appear or failure to show any s ich sufficient cause, the court shall enter such judgment in I ahalf of the people of the state of Kansas against such surety c r sureties, or in case of default or refusal to pay the said 1 ond, action may be taken in any court of competent jurisdic- t!on in behalf of the people of the state of Kansas to compel 1 ae payment of said bonds. Any moneys collected or paid upon i ny such execution or in any case upon said bond shall be 1 urned over to the county treasurer of the county in which { uch bond is given, to be applied to the care and maintenance ( f the child or children for whose dependency such conviction ^vas had, in such manner and upon such terms as the juvenile < ourt may direct ; provided, that if it shall not be necessary in i he opinion of the court to use such fund or any part thereof or the support and maintenance of such child, the same shall >e paid into the county treasury and become a part of the 'unds of such county. (Laws 1907, ch. 177, sec. 5.) sj51(>. Acts Not Repealed. [3085] Nothing in this act >hall be construed to repeal any acts providing for the support oy parents of their minor children or any part of the acts con- cerning delinquent children or persons contributing thereto; and nothing in said acts shall prevent proceedings under this act in any proper case. (Laws 1907, ch. 177, sec. 6.) S 51 7. Detention Home; Juvenile Farm. [3086] That the county commissioners of every county of the state having a population of more than twenty thousand may provide a de- tention home or a juvenile farm for the purpose of caring for homeless children, under sixteen years of age in the custody of the judge of the juvenile court; provided, however, that a juvenile farm may be established only in counties having a city whose population is twenty-five thousand or over. Until a building is erected for the purpose of a detention home, or until a juvenile farm with suitable and convenient buildings has been provided, the commissioners may lease or rent a suit- able and convenient building or a part thereof for a term not to exceed five years for any one period, which shall be used as detention home. (Laws 1907, ch. 177, sec. 7.) $518. Government of Detention Home. [3087] That the etention home shall be in charge of a matron or of a man and a. 16 180 JUVENILE COURT. [CH. his wife, who shall be under the supervision of the judge of the juvenile court. The inmates of the detention home shall be controlled as far as possible through parental care. The children shall be placed in the public schools where possible, or, if it be so determined, the commissioners may provide for separate instruction within the home. The detention home is to supplement the work of the juvenile court and to be used in lieu of any jail or prison, but it shall be the policy of the judge of the juvenile court, probation officer and the matron or superintendent of the detention home to make the said house of detention a temporary home, and as soon as possible to pro- vide for the return of the inmates of the home to their natural parents or to parents by adoption. (Laws 1907, ch. 177, sec. 8.) 519. Record of Inmates of Detention Home. [3088] It shall be the duty of the matron or superintendent of the de- tention home to keep a complete record of all inmates of the home, including age, sex, time of admission, and time of dis- charge, conduct and character, state of health at time of ad- mission and dismissal, and shall make a monthly report to the judge of the juvenile court on a blank provided for the same. (Laws 1907, ch. 177, sec. 9.) 520. Tax Levied for Detention Home or Juvenile Farm ; Salary of Matron or Superintendent. [3089] For the support and maintenance of the detention home or juvenile farm, the county commissioners shall make an estimate of the cost and levy a tax, as in the case of providing for other expenses of the county, and all expenses of the said detention home or juvenile farm shall be accorded as a part of the expenses of the said juvenile court of the said county. The salary of the matron or superintendent shall be fixed by the county commis- sioners, and warrants drawn for the payment of said salary and all other bills regularly allowed by the said commissioners on account of said expenses for the maintenance of said deten- tion home or juvenile farm. (Laws 1907, ch. 177, sec. 10.) 521. Annual Report of Judges of Juvenile Court. [3090] That the judge of the juvenile court shall make an annual report on the 1st day of July to the governor of the state, which shall be complete history of the proceedings of the court for the preceding year ; that the said report shall contain sta- tistics of the number of cases, the nature of the cases, and the disposition of the same. It shall also contain a financial statement of the court, including all expenses, expenditures made, and fines collected. (Laws 1907, ch. 177, sec. 11.) 522. Jurisdiction After the Age of Sixteen. [3091] When any offender before the age of sixteen has been brought before the judge of the juvenile court, the jurisdiction of said court over said offender shall not expire on account of the child's arriving at the age of sixteen, but said offender shall CU. 16] JUVENILE COURT. 181 C( ntinue in the charge of said court until he is finally dis- ci arged by the same. (Laws 1907, ch. 177, sec. 12.) 523. Compensation in Counties Having a Population of 'er 25,000. [3092] In counties having twenty-five thousand p* ople or over, the probation officer who is appointed for said c< unty shall receive compensation not to exceed three dollars a d..y for time of actual service. (Laws 1907, ch. 177, sec. 13.) 524. Jurisdiction. [3093] The juvenile court shall have jurisdiction over all dependent children under sixteen years ' age. All applications for the admission of children to the S )ldiers' Orphans' Home shall be made to the juvenile court o : the county of which any child is a resident. (Laws 1907, c i. 177, sec. 14.) 525. Police and Sheriff Entitled to Witness Fees. [3094] When the police of any city or the sheriff of any county in t le state of Kansas shall appear before the judge of the ju- 's enile court to make complaint of, to report on or to testify c n account of dependent, defective or delinquent children, they shall receive ordinary witness fees for such services. (Laws 1 907, ch. 177, sec. 15.) 526. Blanks. [3095] Blanks shall be used by the ju- ^ enile court in the several counties in Kansas which shall be 1 urnished by the State Board of Control. (Laws 1907, ch. 177, { ec. 16.) 527. Procedure in Juvenile Court. [3096] The proced- ure in the juvenile court for the trial of any person charged ^vith causing, encouraging or contributing to the delinquency, dependency or neglect of any child shall be substantially the same as the procedure provided for the trial of misdemeanors Before justices of the peace. (Laws 1911, ch. 236, sec. 1.) 528. Appeal. [3097] Any person convicted in the ju- venile court of causing, encouraging or contributing to the delinquency, dependency or neglect of any child may appeal from such judgment in substantially the same manner as is now provided for appeals from the judgment of jus-tices of the peace in misdemeanor cases. (Laws 1911, ch. 236, sec. 2.) 529. Parental Home in Certain Counties. [3098] In every county having a city whose population is not less than eighty thousand the board of county commissioners may, by unanimous vote, procure the necessary ground and erect suit- able buildings for a parental home for homeless, dependent, neglected or delinquent children within such county and shall conduct and maintain the same. (Laws 1915, ch. 276, sec. 1.) S .">:*<). Inmates. [3099] At the home herein provided for homeless, dependent, neglected or delinquent children who are under the age of sixteen, may be kept all such children as shall have been found by the judge of the juvenile court to be proper inmates of said home. (Laws 1915, ch. 276, sec. 2.) 182 JUVENILE COURT. [CH. 16 531. Tax for Buildings and Support. [3100] That for the purchase of the necessary ground and the erection of a suitable building or buildings for the purposes herein provided for, the board of county commissioners may, by unanimous vote, levy and collect a tax of not exceeding three cents on the hundred dollars on all taxable property of the county, and also may, by unanimous vote, levy and collect an annual tax of not to exceed one and one-half cents on the hundred dollars for the support and .maintenance of such home, which taxes shall be levied and collected as in case of providing for other expenses of the county. (Laws 1915, ch. 276, sec. 3.) 532. Managers; Advisory Board. [3101] The home herein provided for shall be in charge of a man and his wife, to be selected by the juvenile judge; provided, however, that such managers shall receive and have the advisory assistance of a board consisting of five women residents of such county who shall be named by the board of county commissioners, one whose term shall be for five years, and one whose term shall be for four years, and one whose term shall be for three years, and one whose term shall be for two years, and one for one year, and on the first of January each year thereafter one for five years, and such advisory board shall at all times have access to the home and every department thereof and shall be entitled to familiarity with every detail in its management. (Laws 1915, ch. 276, sec. 4.) 533. Supervision. [3102] The home herein provided for shall be under the supervision of the board of county com- missioners, except as otherwise provided for in the provision of chapter 177, Session Laws of 1907, entitled "An act amenda- tory of and supplemental to chapter 190 of the Laws of 1905, entitled 'An act to establish a juvenile court and to provide for dependent and neglected children/ " and chapter 190 of the Laws of 1905. (Laws 1915, ch. 276, sec. 5.) 534. Salaries; Expenses. [3103] The members of the advisory board shall receive no compensation. The salaries of the managers in charge shall be fixed by the board of county commissioners and warrants shall be drawn for the payment of such salaries and all other bills regularly allowed by said board of county commissioners, on account of expenses incurred for the maintenance of said home. (Laws 1915, ch. 276, sec. 6.) KINDERGARTENS. 183 CHAPTER XVII. Kindergartens. 5535. Free kindergartens. 535. Free Kindergartens. [8992] That the school [ 1 >oard] of any school district 135 in the state shall have power t< establish and maintain free kindergartens in connection v ith the public schools of said district, for the instruction of c lildren between four and six years of age residing in said d strict, and shall establish such courses of training, study a id discipline and such rules and regulations governing such I reparatory or kindergarten schools as said board may deem I Bst ; provided, that nothing in this act shall be construed to c lange the law relating to the taking of the census of the & :hool population or the apportionment of state and county s:hool funds among the several counties and districts in this 5 tate ; provided further, that the cost of establishing and main- t aining such kindergartens shall be paid from the school fund ( f said districts, and the said kindergartens shall be a part ( f the public-school system, and governed, as far as practicable, in the same manner and by the same officers as provided by law for the government of the other public school [s] of the tate; provided further, that no person shall be employed as i teacher in such kindergarten schools who has not passed a ;atisfactory examination in such subjects as the State Board )f Education shall require. The State Board of Education shall adopt rules governing the examination of kindergarten seachers and shall furnish county superintendents with ex- imination questions, and the examination shall be held in the manner provided by law for the examination of teachers in the public schools; provided further, that any person who shall complete the course of training for kindergarten teachers at the State Normal School or its auxiliaries shall be entitled to teach in the kindergarten schools of this state without ex- aminaion. (Laws 1907, ch. 325, sec. 1.) 135. Kindergartens may also be established in cities of the first and second class. 184 LEVIES. CHAPTER XVIII. Levies. [CH. 18 536. Levies, general limitation. 537. Levies, exceptions to limitations. 538. Increasing the levy. 539. County clerk, excessive levies. 540. Penalty, officers. 541. Increasing tax levy in certain cities. 53(5. Levies, General Limitation. [11383] All levies authorized in any taxing district by statute, and which are not expressly limited herein, are hereby limited so that no such levy shall be made in excess of twenty-five per cent of the rates so authorized. (Laws 1909, ch. 245, sec. 25.) 537. Levies, Exceptions to Limitations. [11384] No limitation imposed by this act shall in any wise apply to or in any way limit any levy which is authorized by statute for the purpose of creating sinking- and interest-funds necessary to liquidate at maturity the principal and interest of any in- debtedness authorized by law; nor shall any provision of this act apply to or in any way limit special taxes levied by ordi- nance in any city. And nothing in this act shall be construed to limit the levy provided by any special act heretofore passed for the construction of roads, and under which any county is now operating. (Laws 1909, ch. 245, sec. 26.) 538. Increasing the Levy. [11385] If any board of levy, or any officer that is charged with the duty of levying tax in any taxing district, shall be of the opinion that the amount of tax limited by this act will be insufficient for the needs of such taxing district for the current year, the question of an in- creased levy may be submitted to the voters of such taxing dis- trict at a general election or at a special election called for the purpose in the manner provided by law for calling special elec- tions in such taxing district; provided, that under the pro- visions of this section a vote may be had upon the question of an increased levy at the annual meeting of any school district. If any such question of increasing the levy shall be submitted at any election or meeting as above set forth, due notice thereof shall be given for at least thirty days in advance of such elec- tion or meeting by publication in the official county paper for all taxing districts, except school districts; but in school dis- tricts by posting a notice in the manner provided by law for other elections or meetings ; said notice shall also give the pro- posed increase in the levy. If three-fourths of the votes cast at any such election shall be in favor of the increased levy, as named in said election notice, then the officers charged with levying taxes may make such increased levy for the year voted upon, and thereafter the limitation of this act shall apply, unless an increased levy for a particular year shall be voted at another election in like manner. (Laws 1909, ch. 245, sec. 27.) C I. 18] LEVIES. 185 539. Increasing the Tax Levy in Certain Cities. If in tl e judgment of the board of education in any city of the first 01 second class the tax levy authorized by law for the support the schools of such city shall not be sufficient to maintain the s< hools of such city, said board of education may publish a n >tice in at least two issues of any newspaper having general circulation in said city stating the amount of money necessary f - >r the support of the schools and the tax levy which would pro- d ice said amount, and if after the publication of such notice a p atition shall be presented to said board of education, signed by r^t less than fifty-one per cent of the resident taxpayers of s ich city and territory attached thereto for school purposes, 1 pon a certain date fixed in said petition ; or if a petition shall 1 e presented to said board of education, signed by not less than seventy-five per cent of the legal voters of such city and ter- i itory attached thereto for school purposes upon a certain date 1 xed in said petition, either petition requesting that the pro- I -osed levy as stated in the aforesaid published notice be made :or the ensuing year, then the board of education shall have j .uthority to make such levy, which levy the clerk of the board < f education shall, on or before the first day of August, certify 1 o the county clerk, who is hereby authorized and required to >lace the same on the tax roll of the county to be collected and )aid over to the treasurer of the board of education as are other ;axes levied for school purposes ; provided, that nothing in this ict shall prohibit the increase of the tax levy for school pur- poses in any manner otherwise provided by law; and further orovided, that such total tax levied for support of such school shall not exceed twenty (20) mills for any one year. (Laws 1917, ch. 270, sec. 1.) 540. County Clerk; Excessive Levies. [11386] Any levy which may be certified to the county clerk in excess of the limitations placed by this act shall be unlawful, and in any such case it shall be unlawful for the county clerk of any county within the state to enter upon the tax-roll of the county any such excessive levy ; and in case of any such excess in any levy it is hereby made tlje duty of the county clerk and he is hereby required to reduce such levy and to extend upon the tax-roll only such a part thereof as will comply with the pro- visions of this act. (Laws 1909, ch. 245, sec. 28.) 541. Penalty; Officers. [11387] Any officer of any tax- ing district or any county clerk who shall violate any pro- vision of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars and shall also be subject to removal from office by a civil action. (Laws 1909, ch. 249, sec. 29.) 186 LIBRARIES SCHOOL-DISTRICT. [CH. CHAPTER XIX. Libraries. ARTICLE I. School-district Libraries. 542. School districts may vote a tax not to exceed two mills for district library. 543. The money so collected shall be used for no other purpose. 544. Librarian to be appointed by district board. 542. Library Fund. [9057] That the several school districts of the state may, at the .annual meeting in each year, vote a tax 136 upon all the taxable property of the dis- trict, not to exceed two mills 137 on the dollar, which tax shall be certified by the district clerk to the county clerk, at the same time and manner as other school-district taxes are certi- fied ; and the county clerk shall place the same on the tax-roll of the county in a separate column, designating the purpose for which such tax was levied ; and said tax shall be collected and paid over to the treasurer of said district in all respects as other school-district taxes are collected and paid ; provided, however, that in the districts where the taxable property of the district is more than $20,000 and not more than $30,000, there shall not be levied more than one and one-half mills 137 on the dollar; and where the taxable property is more than $30,000 and not more than $50,000, there shall not be levied more than one mill 137 on the dollar ; and in all cases where the taxable property of the district shall exceed $50,000, there shall not be levied more than one-half mill 137 on the dollar. (Laws 1876, ch. 122, art. 8, sec. 1.) 543. How Used. [9058] The money so collected shall be used under the direction of the board of directors for the purchasing of a school-district library, and for no other pur- pose ; and the district board, in the purchase of books, shall be confined to works of history, biography, science, and travels. (Laws 1876, ch. 122, art. 8, sec. 2.) 544. Librarian; Rules. [9059] The district clerk shall be the librarian, unless the board of directors shall appoint some other competent and suitable person, who shall reside in the district to perform the duties of that office ; and the board shall have power to make such rules and regulations in regard to the management of said library as they shall deem best, and they shall revise and change said rules from time to time as the necessities of the case may require. (Laws 1876, ch. 122, art. 8, sec. 3.) 136. The library tax is an additional levy. 137. Limited to twenty-five per cent of the above amounts by Laws 1909, ch. 245, sec. 25 (section 536 of this book). Cl . 19] LIBRARIES STATE TRAVELING. 187 .A RTICLE II. Kansas State Traveling Libraries and Aplington Art Gallery. 5 5. Management of library. I 547. Management of gallery. 5 6. Aplington art gallery. 545. Management of Library. [10463] That the Kan- sas Traveling Libraries Commission shall have the manage- m mt of the traveling library department of the state library, si all make such rules for the government of such department aud the use of the books and other property thereof as they n ay deem necessary, and, under such regulations as they may p 'escribe, they may send out temporarily from the miscel- \i neous department of the state library such books (not in- c uding reference books or other books inappropriate for such p arposes) as may be designated for that purpose by the di- r ictors of the state library and any books specially given to or h Dught for such traveling libraries to any library in the state, c c to any community or organization not yet having an estab- 1 shed library but which has conformed to the conditions of s aid regulations of said commission, and such books, when s D sent out to such library, community, or organization, shall 1 e there kept for the use of the public, subject to such reason- -< ble regulations with reference thereto as may be adopted by . c aid commission. And said commission shall from time to lime so send out and distribute such books throughout the ttate, and at suitable intervals change such distribution, in such manner as to secure to the greatest practicable degree ,he use and enjoyment of such books to the people of the entire state. Said commission shall be entitled to receive the assist- ince of the assistant librarian of the state library who is in :harge of the miscellaneous department of the state library. (Laws 1899, ch. 163, sees. 3 and 4.) 8 546. Aplington Art Gallery. [10464] That the state of Kansas accepts the proffer made by the Kansas Federation of Women's Clubs, and takes the collection of carbon photo- graphic reproductions of the world's famous paintings for cir- culation amongst and for the use of the people of the state; provided, that the collection shall be marked and known as "The Aplington art gallery." (Laws 1907, ch. 385, sec. 1.) 547. Management of Gallery. [10465] That the Ap- lington art gallery is hereby constituted a part of the Kansas traveling libraries, and is placed under the direction and con- trol of the Kansas Traveling Libraries Commission, with the same powers, duties and restrictions as are provided for the care, circulation and distribution of books belonging to the Kansas traveling libraries by chapter 163, Laws of 1899. (Laws 1907, ch. 385, sec. 2.) 188 NIGHT SCHOOLS. [CH. 20 CHAPTER XX. Night Schools. 548. School boards shall have power to establish night schools. 549. Cost paid from public-school fund. 550. Sessions; term. 551. Equipment; rules and regulations 552. Teachers; qualifications; certificates. 548. School Boards Shall Have Power to Establish Night Schools. [9394] The school board of any district or the board of education of any city in this state shall have the power to establish and maintain free public night schools in connection with the public school of such district or city, for the instruction of persons of the age of fourteen years and over residing in said district or city, not required by law to attend the public day school therein; provided, that it shall be the duty of such board to establish and maintain such pub- lice night school whenever petitioned in writing therefor by the parents or guardians of ten persons eligible to attend said night school; provided further, that said board may discon- tinue such night school whenever the average nightly attend- ance thereof shall be not more than seven. (Laws 1913, ch. 267, sec. 1.) 549. Cost Paid from Public-school Fund. [9395] The cost of establishing and maintaining said public night school shall be paid from the public-school fund of said district or city and the said night school shall be a part of the public- school system, and governed, as far as practicable, in the same manner and by the same officers as provided by law for the government of the other public schools of this state ; provided, that nothing in this act shall be construed to change the law, not in conflict herewith, relating to the public day schools of this state ; and provided further, that nothing in this act shall be held to compel attendance upon such public night school. (Laws 1913, ch. 267, sec. 2.) 550. Sessions; Term. [9396] The sessions of said pub- lic night school shall be held at night on not less than three nights each week during the continuance of such school in one or more of the regular class rooms in one or more of the public school buildings of said district or city, and the term or terms of said public night school shall continue only during the term or terms of the regular public school in such district or city ; provided, that said night school term shall begin not later than the fifteenth day of October of any year and shall con- tinue for not less than five months thereafter, except as pro- vided in section 1 of this act. (Laws 1913, ch. 267, sec. 3.) 551. Equipment; Rules and Regulations. [9397] The board, as far as practicable, shall furnish the same equipment used in the public day school of said district or city, and shall Ci . 20] NIGHT SCHOOLS. 189 pr wide for the courses of study, rules and regulations, not in co iflict herewith, that it may deem best for such night school. (I aws 1913, ch. 267, sec. 4.) 552. Teachers; Qualifications; Certificates. [9398] The b< ard shall hire one or more teachers, who may or may not be ei iployed as a public-school teacher, having the like qualifi- Ci tions, evidenced by the proper teacher's certificate, required b;* law for teachers in the public day school of such district o] city, and shall pay said night school teacher a monthly s; lary, calculated upon the number of hours actually spent ii teaching in said night school, and in the manner provided b r law for the paying of teachers in the public schools of said d strict or city. (Laws 1913, ch. 267, sec. 5.) 190 NORMAL INSTITUTES. [CH. CHAPTER XXL Normal Institutes. 557. County superintendent shall mit funds. 558. Normal institute fund; state appro- priation. 559. Disbursements. 5 CO. Union institutes. 553. Normal institutes to be held an- nually; term. 554. Conductors and instructors; certifi- cates. 555. Expenses; fees; county appropria- tion. 556. County treasurer custodian of fund. 553. Normal Institutes to be Held Annually; Term. [9024] The county superintendents of public instruction shall hold annually, in their respective counties, for a .term of not less than five days nor more than twenty days, a normal insti- tute for the instruction of teachers and those desiring to teach ; provided, that two or more counties may be united in holding one normal institute, as provided in section 2, chapter 270, of the Session Laws of 1911. 138 (Laws 1915, ch. 304, sec. 1.) 554. Conductor and Instructors; Certificates. [9025] The county superintendent of public instruction, with the ad- vice and consent of the state superintendent of public instruc- tion, shall determine the time and place of holding such normal institutes, and shall select a conductor and instructors for the same ; provided, that no person shall be paid from the insti- tute funds for services as conductor or instructor of said institutes who has not received a certificate 139 from the state board of examiners as to his special qualifications for that work. (Laws 1877, ch. 136, sec. 2.) 555. Expenses; Fees; County Appropriation. [9026] To defray the expenses of said institute the county superintendent shall require the payment of a registration fee of one dollar for each person attending the institute and one dollar for each person writing in any examination for a teacher's certificate, and a fee of one dollar for each of the following: renewal of any first grade certificate, the indorsement of any certificate issued in another county, the registration of normal training certificates and -of all certificates or diplomas issued by the State Board of Education or by any of the state normal schools. For the further support of such institute the board of county commissioners shall appropriate such sum as they may deem necessary, not exceeding one hundred dollars in any one year ; provided, that the county commissioners may appropriate in 138. Section 560 of this book. 139. The law does not forbid the county superintendent to permit a person who has not been authorized by the State Board of Education to instruct in his institute, but he can not pay for said services from the public funds. Holders of special institute certificates must confine their instruction to the branches named in said special certificates. The county superintendent can conduct or instruct in his own institute without a certificate, but he can not legally draw pay for such service. Cl . 21] NORMAL INSTITUTES. 191 , II addition to the amount hereinbefore mentioned such sum as m ;iy be necessary to meet any deficiency, not exceeding one hi ndred dollars in any one year. (Laws 1915, ch. 304, sec. 2.) 556. County Treasurer Custodian of Fund. [9027] The fi.nd thus created shall be designated the "normal-institute f i nd," and the county treasurer shall be the custodian of said fi nd. (Laws 1877, ch. 136, sec. 4.) 557. County Superintendent Shall Transmit Funds. [! 028] The county superintendent shall, monthly, and at the cl )se of each institute, transmit to the county treasurer all n pneys received by him, as provided in section 3, 140 together v ith the name of each person so contributing, and the amount ; a id the county treasurer shall place all such moneys to the c -edit of the "normal-institute fund." (Laws 1877, ch. 136, S :C. 5.) 558. Normal-institute Fund; State Appropriation. [9029] I ; shall be the duty of the state superintendent of public in- s ;ruction, annually, when twenty-five persons have registered 2 3 members of any normal institute organized under the pro- ^ isions of this act and have paid the required registration fee, 1 3 certify the same to the auditor of state, who shall forward 1 3 the county treasurer of said county an order on the treas- i rer of the state for the sum of fifty dollars, to be paid out of i ny money appropriated for that purpose ; which amount the ( ounty treasurer shall place to the credit of the "normal- institute fund"; provided, that when two or more counties thall unite in holding a normal institute in accordance with 1 he provisions of the next succeeding section, 141 and there shall he registered as members of such institute a number of per- sons which equals or exceeds the average of twenty-five for ard of Education shall make provisions for normal courses oi study and for normal training in such high schools as said B >ard of Education shall designate ; provided, that said high S( hools shall be selected and distributed with regard to their u; ef ulness in supplying trained teachers for schools in all por- ti ms of the state and with regard to the number of teachers r< quired for the schools in each portion of the state. (Laws I't09, ch. 212, sec. 1.) 562. State Aid. [9390] Each high school designated f < -r normal training and meeting the requirements of the State Board of Education shall receive state aid to the amount of fi/e hundred dollars per school year, to be paid in two equal installments, on the first day of March and the first day of J ane each year, from the state treasury, on a voucher certified t > by its superintendent or principal and approved by the state s aperintendent of public instruction ; provided, that no part of s ach money received from the state shall be used for any other purpose than to pay teachers' wages; and provided further, t lat in case more than one high school in any one county shall establish a normal course in accordance with the provisions of tnis act and shall be accredited by the State Board of Educa- tion the total state aid distributed in such counties shall not exceed one thousand dollars, and in case there are more than two high schools in any one county designated and accredited by the said State Board of Education state aid to an amount not exceeding one thousand dollars shall be equally divided s.mong said schools. (Laws 1909, ch. 212, sec. 2.) 563. Rules and Regulations by State Board of Education. "9391] In order that a high school shall be eligible to receive .state aid under this act it shall have in regular attendance : n its normal-training courses at least ten students during each semester, and such normal-training work shall be given under such rules and regulations as the State Board of Education may prescribe, subject to the provisions of this act. (Laws 1909, ch. 212, sec. 3.) _ 143. For the provisions relating to normal training teachers' certifi- MLt*s see section 53 of this book. 13 Sch. Laws. 194 NORMAL TRAINING. [CH. 22 564. Academies Eligible. [9392] Accredited academies are eligible to the operation of this act, except as to receiv- ing state aid. (Laws 1909, ch. 212, sec. 5.) 565. Appropriation for Normal Training. There is hereby appropriated for normal-training courses in high schools seventy-five thousand dollars ($75,000) for the fiscal year ending June 30, 1918, and seventy-five thousand dollars ($75,000) for the year ending June 30, 1919, or so much thereof as may be necessary to carry out the provisions of the normal-training act of 1909, being chapter 212 thereof, also provisions of the normal -training act of 1911, being chapter 24 thereof, and the rules and regulations of the State Board of Education made in accordance therewith ; provided, no high schools situated in the cities having state normal schools shall receive such aid. (Laws 1917, ch. 48, sec. 1.) 566. Appropriation for Industrial Training. There is hereby appropriated for the fiscal year ending June 30, 1918, sixty thousand dollars ($60,000) and for the fiscal year ending June, 30, 1919, sixty thousand dollars ($60,000) to be expended as follows, and to be distributed in the same manner as is pro- vided for the distribution of the state aid for normal-train- ing courses. Any high schools that now maintain a normal- training course under the provisions of chapter 212 of the Session Laws of 1909, and the 24th chapter of the Session Laws of 1911, or that shall put into operation such normal training course, shall be entitled to the sum of five hundred dollars ($500) per annum; provided, that such schools shall also maintain courses in the elements of agriculture and domes- tic science under such provisions and regulations as may be established by the State Board of Education; and provided further, that no such school shall be eligible to the five hundred ($500) dollars annual state aid or any part thereof that shall not have at least ten pupils enrolled in such industrial courses each semester; provided, that the money appropriated for the purposes of this act shall not be used to pay the salary and traveling expenses of high-school inspection; provided, that application for appointment herein shall be made not later than May 1st of each year; and provided further, that no ap- pointment shall be made until all schools eligible to receive aid are listed, and if the amounts of money appropriated under this act are not sufficient to meet the requirements as provided by law, then said distribution shall be prorated among all the high schools of the state making application therefor and being eligible to the appropriation provided for in this act. (Laws 1917, ch. 48, sec. 2.) r. 23] PATRIOTIC INSTRUCTION. 195 CH CHAPTER XXIIL Patriotic Instruction. 7. Display of flag. I 569. Duty of state superintendent. 8. Rules and regulations. I 570. Patriotic exercises. 567. Display of Flag. [9445] It shall be the duty of tl e school authorities of every public school in the several ci ;ies, towns, villages and school districts of this state to pur- ci ase a suitable United States flag, flagstaff, and the necessary a >pliances therefor, and to display such flag upon, near or in t e public-school building during school hours and at such her times as such school authorities may direct. (Laws 1907, c i. 319, sec. 1.) 568. Rules and Regulations. [9446] The said school a Jthorities shall establish rules and regulations for the proper c astody, care and display of the flag, and, when the weather \ ill not permit it to be otherwise displayed, it shall be placed c Dnspicuously in the principal room of the schoolhouse. (Laws 1907, ch. 319, sec. 2.) 569. Duty of State Superintendent. [9447] It shall be the duty of the state superintendent of public instruction of this state to prepare for the use of the public schools of the { tate a program providing for a salute to the flag at the open- 1 ng of each day of school, and such other patriotic exercises as may be deemed by him to be expedient, under such regulations j.nd instructions as may best meet the varied requirements of ihe different grades in such schools. It shall also be his duty to make special provision for the observance of [in] such public schools of Lincoln's birthday, Washington's birthday, Me- norial day (May 30), and Flag day (June 14), and such other .egal holidays of like character as may be hereafter designated oy law. (Laws 1907, ch. 319; sec. 3.) 570. Patriotic Exercises. [9448] The state superin- tendent of public instruction is hereby authorized and directed to procure and provide the necessary and appropriate instruc- tions for developing and encouraging such patriotic exercises in the public schools, and the state printer is hereby author- ized and directed to do such printing and binding as may be- come necessary for the efficient and faithful carrying out of the purposes of this act. (Laws 1907, ch. 319, sec. 4.) 196 RETIREMENT FUND. [CH. 2' CHAPTER XXIV. Retirement Fund 571. Creation and maintenance. 572. Disbursement. 573. Retirement with thirty years' ex- perience. 574. Retirement on account of disability 575. Refund or transfer of funds. 576. Term "teacher" defined. 577. Duty of treasurer. 578. Exemption. 579. Rules and regulations. or incapacity. 571. Creation and Maintenance. [9116] In any city of the first class in the state of Kansas there may be created by the board of education of such city a public-school teachers' retire- ment fund, which fund, when created, and the management and disbursement thereof, shall be under the control of the board of education of such city. Such retirement fund shall be created and maintained in the following manner: First by an assessment of not less than one per cent nor more than one and one-half per cent of every installment of salary paid to a teacher employed in such city ; second, by the setting aside from the general fund for the support of the schools in such city, of an amount which shall be not less than one and one- half times the amount of salary assessments, and not less than the amount necessary to meet the payments herein provided for ; third, by the receipt, by the gift or otherwise of any real, personal or mixed property or any interest therein. (Laws 1911, ch. 280, sec. 1.) 572. Disbursement. [9117] Such a retirement fund when thus created and maintained, or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth ; and any surplus of fund not needed for immediate dis- bursement may be invested by the board of education of such city, acting as trustees of such fund, in any bonds approved by the State School-fund Commission. (Laws 1911, ch. 280. sec. 2.) 573. Retirement with Thirty Years' Experience. [9118] Any teacher who has been credited under the rules and regula- tions of such board of education with an aggregate of thirty years of teaching experience may be retired by such board of education. Any teacher so retired under the foregoing pro- vision of this section, provided that at least fifteen years of such accredited teaching experience shall have been in the pub- lic schools of such cities of the first class, shall be entitled to re- ceive from such retirement fund, so long as such teacher may live, equal monthly payments, which shall aggregate $500 per annum ; provided, however, that no one shall receive such pen- sion without paying into the fund therefor, by way of assess- ment or otherwise, not less than one-half of the amount of the first annual pension to which such person -shall be entitled. And in order to make up such one-half the board of education may provide for any deficiency by deducting the necessary C 1. 24] RETIREMENT FUND. 197 amount from the first year's pension payments in equal a nounts each month. (Laws 1911, ch. 280, sec. 3.) 574. Retirement on Account of Disability or Incapacity. [1119] Any teacher who has been credited under the rules a id regulations of such board of education with an aggregate .' twenty-five or more years of teaching experience may be r ;tired by such board of education on account of disability or incapacity, physical or otherwise. Any teacher so retired, 1 rovided that at least fifteen years of such acredited teaching ( -cperience shall have been in the public schools of cities of the \ rst class, shall be entitled to receive from such retirement i jnd, during the period Of retirement, monthly installments, 1 ne annual aggregate of which shall be such percentage of $500 ; s the number of years of such accredited teaching experience < f the beneficiary shall bear to the term of thirty years. Any eacher so retired may, at the discretion of the board of educa- ion, should such teacher's incapacity or disability be removed, >e reinstated as a teacher, and any right to any payment from his fund until such teacher again be retired shall cease with ;uch reinstatement. And shall any teacher be so reinstated the /ears of such retirement shall be included in arriving at the ;erm of service when such teacher. may again be retired but 10 credit for such years of retirement shall be given in arriv- ing at the amount such teacher shall be entitled to receive from the retirement fund. (Laws 1911, ch. 280, sec. 4.) 575. Refund or Transfer of Funds. [9120] If at any time a teacher who is willing to continue is not reemployed or is discharged before the time when he or she would under the provisions of this act be entitled to a pension, then such teacher shall be paid back at once the money he or she may have contributed under this act. Should a teacher duly ac- credited in a city of the first class accept service in the public schools of any other city of the first class, a sum equivalent to all payments made by such teacher into the retirement fund shall be transferred to the retirement fund of the city in which such service is accepted. Any teacher who shall retire volun- tarily from the service shall receive a refund of one-half of the money he or she shall have contributed under this act. And should any teacher die before receiving any of the benefits or pensions by this act provided the board of education shall pay to such teacher's heirs or estate one-half of the amount, without interest, which shall have been paid into such pension fund by said teacher. (Laws 1911, ch. 280, sec. 5.) 576. Term "Teacher" Defined. [9121] In construing this act, the word "teacher" shall include all members of the teaching staff employed by the board of education of such city, which shall include superintendents, supervisors, and assistants to the superintendent of instruction, principals, and teachers. (Laws 1911, ch. 280, sec. 6.) I 198 RETIREMENT FUND. [CH. 24 577. Duty of Treasurer. [9122] It is hereby made the duty of the treasurer of such city to keep any fund arising under the provisions of this act as a seperate fund, and to dis- burse the same in accordance with the instructions and orders of the board of education of such city. (Laws 1911, ch. 280, sec. 7.) 578. Exemption. [9123] After said retirement fund shall be created by said board of education of such city, the salary of any teacher regularly employed by such city shall be exempt from the provisions of this act, provided such teacher shall make a request in writing for such exemption and file the same with the board of education of such city within one month after such teacher shall enter upon such regular employment as a teacher, and such request, when filed with the board of educa- tion of such city, shall constitute a waiver and a bar to the receipt of any benefits from the retirement fund herein pro- vided for. (Laws 1911, ch. 280, sec. 8.) 579. Rules and Regulations. [9124] The board of edu- cation shall have power to adopt rules and regulations for the carrying out of the purposes of this act not in conflict there- with. (Laws 1911, ch. 280, sec. 9.) :. 25] :MISSIONERS. CHAPTER XXV. School-fund Commissioners. 599. State and county superintendent to give notice of unclaimed estates. 600. Probate judge to give notice. 601. County attorney to investigate. 602. Expense of inquiry. 603. Unlawful to act as private attorney. 604. Duty of attorney-general. 605. All bonds belonging to state perma- nent school fund shall be consoli- dated. 606. Consolidated bonds shall be regis- tered. 607. Registration of bonds belonging to school fund. 608. Registration of bonds purchased. 609. State treasurer's statement to state auditor. 610. Cancellation of bonds paid. 611. Comparison of registers kept by auditor and treasurer. 612. Penalty for delinquency of stats treasurer. 613. Exchange of bonds. 614. How funding bonds art to b stamped. 615. Record of proceedings. E f 0. Board of sohool-fumi commissioners. how composed and organized. Ml. Meetings. ;' 42. Record of school-fund commissioners, f <3. Register of bonds offered and bought. .' 44. Investment of funds. 35. Quorum. 36. Record of the condition of funds. 37. Where the records shall be kept. 38. Orders to be drawn in payment for bonds purchased. 89. The state treasurer shall be cus- todian. 90. Separate accounts. 91. The commissioners shall collect mon- eys due different funds. 92. Must offer bonds to commission. >93. May purchase at lower interest. >94. Office of loan commissioner of State Agricultural College abolished. >95. Compensation of board. 396. Where person dies without heir and will, county superintendent may file petition in probate court. 597. Probate court to order sale of estate described in petition. 598. Proceeds of sale paid through county treasurer into state permanent school fund. 580. School-fund Commissioners. [10873] The state superintendent of public instruction, secretary of state and at- :orney-general shall constitute a board of commissioners for the management and investment of the state permanent school, State Normal School and State University funds. Such board shall be organized as follows : The secretary of state shall be the president of such board, and the state superintendent of public instruction shall be the secretary thereof. In the ab- sence of either of said officers, the attorney-general shall act as president, or as secretary, as the case may require. Such commissioners, when acting as such, must act personally. No member thereof can be represented in such board by any assis- tant or clerk in the office of which such member is the chief officer. (Laws 1879, ch. 166, sec. 113.) $ 581. Meetings. [10874] Such board of commissioners shall meet regularly in the office of the state superintendent of public instruction, on the last Saturday of each month, at ten o'clock a. m. Special meetings of the board may be held at any time at the call of any member. (Laws 1879, ch. 166, sec. 114.) 582. Records. [10875] Said commissioners shall keep in a suitable book a full and correct record of all their pro- ceedings at every session of the board, which shall include all of the matters required to be recorded as hereinafter specified this act, and which record, at the close of each session, shall signed by the president and secretary. (Laws 1905, ch. 472, sec. 1.) I 200 SCHOOL-FUND COMMISSIONERS. [CH. 25 583. Register of Bonds Offered and Bought. [10876] They shall also keep such other books as may be necessary to properly register and describe all bonds offered to them and all bonds bought by them for the benefit of the permanent school, State Agricultural, State Normal and State University funds, or either. Such record-books shall be ruled so as to en- able the board to register the name and residence of the person offering to sell any such bonds, the price at which bonds were offered, the name and residence or location of the owner or municipal corporation for whom such offer is made, and a full detailed description of every bond so offered, including the date, number, series, amount and rate of interest of each bond, and when the interest and principal, respectively, are payable, and the date, amount and number of each coupon, and when payable, the name, residence and post-office address of the owner, the name, residence and post-office address of the agent or attorney representing the owner of such bonds, what dis- position the owner of the bonds claims has been made of the missing coupons, if any; and upon the presentation of any bond or bonds for the purchase by the School-fund Commis- sion, such bond or bonds, together with the record of the pro- ceedings connected with the issuance of such bond or bonds, shall first be submitted to the attorney-general for his opinion as to the validity thereof. It shall be the duty of the attorney- general to immediately examine such bond or bonds and pro- ceedings, and report thereon in writing to the School-fund Commission as to their validity. Upon receipt of such opinion, and before the board shall act upon the question of purchasing such bond or bonds, if the attorney-general approves them as valid, then the record hereinbefore provided for shall be made, and such record shall include the opinion of the attorney-gen- eral as to the validity thereof. (Laws 1905, ch. 472, sec. 2.) 584. Investment of Funds. [10877] Said board of com- missioners shall have the power, and it is hereby made their duty, from time to time, to invest any moneys belonging to the permanent school fund, State Agricultural College, State Normal and State University funds in the bonds of the United States, or bonds of the state of Kansas, or bonds of any mu- nicipality of the state of Kansas, school-district bonds, bonds of boards of education, and in the warrants issued by the audi- tor of state on the state treasurer and by him stamped "Not paid for want of funds." In making such investment, they shall not pay for any such bonds or warrants any greater sum than par, nor more than the actual market price thereof at the time of purchasing the same, less than par ; and whenever any municipality of the state of Kansas shall offer its bonds for sale the State School-fund Commissioners shall have the power to buy the same, if the validity thereof shall have been approved I C I. 25] SCHOOL-FUND COMMISSIONERS. 201 b;' the attorney-general; provided, that the commissioners s) all not invest in any other bonds which, together with other o itstanding bonded indebtedness, shall exceed fifteen per cent the assessed valuation of said municipality as returned and fi ted by such municipality. (Laws 1905, ch. 472, sec. 3.) S 585. Quorum. [10878] Any two members of said board s lall constitute a quorum. But such board shall not purchase a ly school-district bond or bonds except at a legal session t lereof, nor unless every member of the board is notified in t me to be present at such meeting, and notified also that the c nestion of purchasing such bonds is to be considered thereat, c esignating the bonds. (Laws 1879, ch. 166, sec. 118.) S 586. Record of Funds. [10879] Said commissioners { hall keep a record showing a detailed statement of the condi- 1 ion of the state permanent school fund, State Agricultural, State Normal and State University funds under their control, mount of each fund, how invested, when due, interest paid, ; nd every other act in any manner connected with the man- ; .gement and investment of said funds ; and the state superin- ' endent of public instruction shall biennially report all such nvestments to the governor, to be laid before the legislature, . ind shall also cause to be published at the end of each quarter >f the calendar year, in the official state paper, a statement of ;he amount of each of such funds then on hand, the amount of 3ach fund invested during this quarter, and a full description )f the said bonds bought for each fund, date of such bonds, amount, rate of interest, when payable, number of coupons attached when bought, from whom purchased, and the price or rate paid therefor. (Laws 1905, ch. 472, sec. 4.) 587. Where Records Shall be Kept. [10880] All the record-books and records of such board shall be kept in the office of the state superintendent of public instruction, but the same shall be open during office hours for the inspection of every cit ; zen of the state of Kansas. (Laws 1905, ch. 472, sec. 5.) ^ 588. Orders Drawn. [10881] In the investment of the state permanent school, State Agricultural, State Normal and State University funds, the commissioners are hereby author- ized to draw their orders on the state treasurer, payable out of the fund invested, for the purchase-price of the bond, bonds, or warrants, which orders, previous to their delivery, shall be registered in the state treasurer's office in a book provided for that purpose. Such orders shall not be drawn until the bonds Purchased for which the order is drawn shall have been de- vered to the state auditor for record and stamped as herein provided. Immediately upon the receipt of such bonds, the state auditor shall cause each bond and coupon to be plainly stamped upon the back thereof, "Property of the state - und, nonnegotiable and nontransferable," with the name of 202 SCHOOL-FUND COMMISSIONERS. [CH. 25 the fund for which such bond is purchased. He will also cause to be made in a book kept for that purpose a record of each of such bonds and each coupon thereto attached, which record shall show amount, date and rate of interest of such bond, when and where payable, the date, .amount and number of each coupon and when payable. Whenever any bond or coupon shall have been paid, and one of the duplicate receipts there- for, issued by the state treasurer, shall have been received by the auditor of state, he shall credit such bond or coupon and charge the state treasurer with the amount so received. Semi- annually, on the 1st day of March and September of each year, the state auditor shall compare said record with the similar record herewith required to be kept by the state treasurer and verify the same. (Laws 1905, ch. 472, sec. 6.) 589. State Treasurer Shall be Custodian. [10882] All moneys belonging to the state permanent school, State Agri- cultural, State Normal and State University funds shall be paid to and held by the state treasurer, and shall be subject to the order of the Board of School-fund Commissioners. The state treasurer shall also be the custodian of all bonds, notes, mortgages and evidences of debt arising out of the manage- ment and investment of the state permanent school, State Agricultural, State Normal and State University funds by said board of commissioners. Immediately upon the receipt, by the state treasurer from the auditor of state of any bond, coupon or warrant stamped as herein required and purchased- by the State School-fund [Commissioners] for any of the said funds, it shall be the duty of the state treasurer to immediately cause to be recorded, in a book to be kept for that purpose, a detailed description of such bond, coupon, or warrant, showing the date thereof, amount, when payable, rate of interest, number, by whom issued, where payable, and shall give to the auditor of state his receipt therefor. Whenever any such bond, coupon or warrant is paid, the state treasurer shall credit upon such record the amount of such payment and charge himself with the money, and shall issue his receipt for said sum in dupli- cate, one copy of which shall be transmitted to the auditor of state. (Laws 1905, ch. 472, sec. 7.) 590. Separate Account. [9275] He shall keep in a sepa- rate book an account of all school moneys received by him, dis- tinguishing between the perpetual fund and the annual fund for disbursement, and shall report to the state superintendent on the 1st day of February and 1st day of August of each year the amount of money in his hands belonging to the permanent school fund and subject to investments, and on the 1st day of March and on the 25th day of July of each year the state treasurer shall report to the superintendent of public instruc- tion the amount of money in the treasury belonging to the an- nual school fund and subject to disbursement on the semi- annual dividends. (Laws 1876, ch. 122, art. 16, sec. 3.) I C;:.25] SCHOOL-FUND COMMISSIONERS. 203 591. Collection of Moneys. [10883] It shall be the duty ol said board of commissioners, from time to time, as soon a> may be practicable, to collect all moneys due and owing to tl e state permanent school, State Agricultural, State Normal a: d State University funds, and make investments of the same a herein required. If any such moneys shall remain unpaid f < r thirty days after the same become due and payable, the c mmissioners shall notify the attorney-general of that fact, a id it shall then be his duty to then proceed to collect the same b T civil action, to be brought and prosecuted in the name of the s ate. (Laws 1905, ch. 472, sec. 8.) S 592. Must Offer Bonds to Board. [10884] That the s ;veral municipal officers who have charge of the sale of any I onds hereafter to be issued, which the board of commissioners c the state permanent school fund are authorized to purchase \ nder the law, are hereby directed to sell such bonds to said 1 oard of commissioners of the state permanent school fund, i i it will pay par for the same ; and it shall be unlawful for ; ny such municipal boards, members thereof or other mu- : licipal officers to sell any such bonds without having first < offered such bonds to said board of commissioners of the state 1 ermanent school fund ; and every municipal board or member hereof, or other municipal officer, who shall sell any such )onds to any other person at any price, without having first *iven the board of commissioners of the state permanent >chool fund an opportunity to purchase same, as hereinbefore provided, and every other officer violating the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding six months, and shall forfeit his office. (Laws 1905, ch. 472, sec. 9.) S 593. May Purchase at Lower Interest. [10885] Said School-fund Commissioners may in their discretion agree with the parties offering bonds to take such bonds at par at a lower rate of interest than the interest stipulated in the bonds and coupons thereto attached. In case any such bonds so pur- chased by said board of commissioners provide for a higher rate of interest than the rate of interest at which they are purchased by said board, the rate at which they are purchased shall be distinctly noted upon such bonds and the coupons thereto attached, and the amount of such coupons shall be re- duced accordingly, and the same notation shall be made on the record of such bonds kept in the office of such board. (Laws 1905, ch. 472, sec. 10.) 594 Office of Loan Commissioner Abolished. [10886 and 10887] The loan commissioner for the board of regents of the State Agricultural College shall, immediately upon the taking effect of this act, deliver to the state treasurer all moneys, evi- dences of indebtedness, securities, books and records belonging I 204 SCHOOL-FUND COMMISSIONERS. [CH. 25 or appertaining to the State Agricultural College fund, and shall take the receipt of the treasurer therefor. All moneys belonging to said funds and so delivered to the state treasurer shall become subject to the provisions of this act. It shall be the duty of the said board of regents and the state accountant, immediately upon the taking effect of this act, to make final settlement with the loan commissioner, to close the accounts thereof with said loan commissioner, and the office of said loan commissioner is hereby abolished. (Laws 1905, ch. 472, sec. 11.) 595. Compensation. [9242] Said board of commission- ers shall receive such pay for their services as may be pre- scribed by law. (Laws 1876, ch. 122, art. 15, sec. 6.) 596. Unclaimed Estates. [9244] In all cases where persons die without heirs and intestate, it shall be lawful for the superintendent of public instruction of the county where any land lies, belonging to the estate of such person dying without heir and will, after a lapse of three years from the date of letters of administration upon such estate, to file a petition in the probate court of the county granting such let- ters, setting forth in said petition (1) that such deceased per- son died without heirs, and intestate; (2) that three years have elapsed since the date of letters of administration; (3) a description of the real estate; (4) that no debts remain unpaid of this estate not barred by the statue of limitation. Such petition shall be verified by the affidavit of the county superintendent of public instruction, or by some person who has knowledge of the fact. (Laws 1876, ch. 122, art. 15, sec. 8.) 597. Sale of Real Estate. [9245] It shall be the duty of the probate court, on the filing of the petition mentioned in the preceding section, and being satisfied that the facts stated in said petition are true, to issue an order to the ad- ministrator to sell the real estate described in such petition, in the same manner as real estate is sold by administrators for the payment of debts due from deceased persons ; and the same proceedings shall be had in confirming the sale and the execution of the deed by the administrator as are provided by law for the sale of real estate for the payment of the debts of any deceased person. (Laws 1876, ch. 122, art. 15, sec. 9.) 598. Proceeds of Sale. [9246] It shall be the duty of the administrator, after the payment of the costs of said peti- tion and making said sale and six per cent commission to such administrator, to pay the county treasurer of the county where the land is situated the remainder of the purchase- money for the benefit of the common schools of the state, and shall take duplicate receipts therefor; and it shall be his duty to file one of such duplicates with the probate court of the proper county. If, at any time within twenty-one years after Cl .25] SCHOOL-FUND COMMISSIONERS. 205 th>; date of payment of said money to the county treasurer, an j person shall appear and claim said money as the rightful he r to said estate, and shall prove heirship satisfactory to th j probate court, the judge of said court shall so certify, and th i state treasurer shall pay over to such claimant the sum - so received from the county treasurer from such estate. (Laws 1876, ch. 122, art. 15, sec. 10.) 599. State and County Superintendents to Give Notice oi Unclaimed Estates. [9247] That it shall be the duty of tl e state superintendent of public instruction and the county si perintendent of public instruction whenever they, or either o them, have notice or knowledge of the existence of an es- ti te of a person who has died without heir or bona fide will to n >tify the county attorney of the county in which the estate o any part of it is located, and to notify the attorney gen- e -al in like manner. (Laws 1913, ch. 273, sec. 1.) 600. Probate Judge to Give Notice. [9248] Whenever i shall come to the notice of the probate judge that an estate of a deceased person is being administered under the super- vision of his court, and the heirs or devisees, or pretended teirs or pretended devisees, are unknown to the probate judge i ; shall be the duty of such probate judge to notify the county sttorney of the fact of such administration and to notify the attorney-general in like manner. (Laws 1913, ch. 273, sec. 2.) 601. County Attorney to Investigate. [9249] When- ever it shall come to the notice of the county attorney that there exists in his cuunty the estate of a person who has died without heir or will, it shall be his duty to investigate and ( losely scrutinize the claims of such claimants, and to prevent Ihe spoliation of such estates by fraudulent claimants, and to conserve and secure all such estates for the benefit of the .school fund where the claimants are not entitled thereto. (Laws 1913, ch. 273, sec. 3.) 602. Expense of Inquiry. [9250] Whenever in the opinion ot the probate judge the interests of the school fund so require, the probate court may make an allowance out of the estate to defray the reasonable expenses of the county attorney in making inquiries and in the examination of wit- nesses touching the rights of claimants to the estate of any such deceased person ; but no expense to the estate shall be in- Icurred under the provisions of this act where there are one or more heirs or devisees residing in the county, or where any one or more of the heirs or devisees are personally known to the probate judge. (Laws 1913, ch. 273, sec. 4.) 18 6O3. Unlawful to Act as Private Attorney. [9251] It shall be unlawful for either the attorney-general or county attorney to be employed as a private attorney in behalf of any pretended heir or devisee not residing in the county where the estate is located in any matter or proceeding before the II I 206 SCHOOL-FUND COMMISSIONERS. [CH. 25 probate court or where the rights of such pretended heir 01 devisee may be affected by the judgment or opinion of an: court thereon. (Laws 1913, ch. 273, sec. 5.) 604. Duty of Attorney-general. [9252] It shall be th< duty of the attorney-general to see that this act is enforce< and obeyed, and whenever in his opinion, or in the opinion of the governor, the public interests require it, the attorney- general may supersede the county attorney and perform his duties in the prosecution or defense of the interests of the school fund under this act. (Laws 1913, ch. 273, sec. 6.) 605. Consolidation of Bonds. [9253] It is hereby made the duty of the School-fund Commissioners to consolidate all state bonds now belonging to or hereafter coming into pos- session of the permanent school fund, in the following man- ner, to wit : All bonds falling due on the same date and bear- ing the same rate of interest shall be consolidated into one bond, of equal amount to the bonds so consolidated ; and cou- pons of interest shall be attached thereto, of equal amount to the consolidated coupons, and payable in the same manner as the coupons of the bonds so consolidated; such consolidated bonds shall be made out by the auditor of state, signed by the governor, and attested by the secretary of state, and shall be made payable to the permanent school fund of the state of Kansas, and shall have imprinted on their face the words, "Not transferable." All bonds presented by the School-fund Commissioners shall, in their presence, be canceled and de- stroyed by the auditor of state, after a consolidated bond shall have been issued for the same. (Laws 1876, ch. 122, art. 15, sec. 11.) 606. Registry of Consolidated Bonds. [9254] All con- solidated bonds shall be registered by the auditor as other state bonds now are registered. (Laws 1876, ch. 122, art. 15, sec. 12.) 607. Registration of Bonds Belonging to School Fund. [9260] Immediately after the passage of this act, it shall be the duty of the auditor of state to prepare a register of all bonds belonging to the permanent school fund. (Laws 1877, ch. 172, sec. 1.) 608. Registration of Bonds Purchased. [9261] That it shall hereafter be the duty of the commissioners of the per- manent school fund to present to the auditor of state all bonds which may hereafter be purchased by them prior to the de- posit of the same with the state treasurer, and it shall be the duty of the auditor to register all bonds so presented. (Laws 1877, ch. 172, sec. 2.) 609. Treasurer's Statement. [9262] That it shall be the duty of the state treasurer, immediately after collecting any interest on such bonds or the principal of the same, to C [.25] SCHOOL-FUND COMMISSIONERS. 207 fii3 with the auditor a detailed statement or statements of tl e amount or amounts so collected stating the name of the c unty, the number of the district, the number of the coupons o; bonds paid by such district and the amount paid; and the Si id treasurer shall cancel on the register in his office all c< upons and bonds so paid. (Laws 1877, ch. 172, sec. 4.) 5$ 010. Cancellation of Bonds and Coupons. [9263] That ii imediately after the filing of such statement or statements b r the treasurer, the auditor shall cancel such coupons or bonds a j are designated in said statement or statements upon the r ;gister in his office, and charge the treasurer with the a nounts. (Laws 1877, ch. 172, sec. 5.) 611. Bonds to be Compared. [9264] That it shall be t le duty of the auditor of state, on the first Monday in August c each year to compare the register kept by him with the \ onds in the treasurer's office, and shall at the time of com- I aring such register require the treasurer to produce all cou- 1 ons and bonds remaining unpaid which shall be compared ^ /ith the register. (Laws 1877, ch. 172, sec. 6.) 612. Penalty. [9265] That any state treasurer who thall fail or refuse to comply with the provisions of section .' and section 5 of this act 144 shall be deemed guilty of having < onverted the same to his own use, and shall upon conviction l>e subject to all the penalties provided for in section 56 of hapter 102, General Statutes of the state of Kansas. (Laws .877, ch. 172, sec. 7.) S 613. Exchange of Bonds. [9266] The board of com- nissioners for the management of the state permanent school :und shall have the power to exchange any school-district or 3oard-of-education bonds belonging to the permanent school funds now in the state treasury for other bonds of the same district or board of education bearing a lower rate of interest and running a longer time than the bonds exchanged, upon the application of the proper officers of such school district or board of education; provided, that they shall not receive any funding bonds running a less time than five years; and pro- vided further, that the rate of interest on bonds so accepted by said commission shall not be less than four per cent. (Laws 1907, ch. 377, sec. 1.) 8 614. Funding Bonds to be Stamped. [9267] All bonds accepted as funding bonds by the board of commissioners shall be stamped by the auditor and deposited with the state treas- Iurer, and the auditor shall charge the treasurer with the amount in the same manner as though said bonds had been purchased for cash. (Laws 1879, ch. 160, sec. 5.) 8 6ir>. Record of Proceedings. [9268] The said .board of commissioners, after having examined and accepted-any fund- 144. Section 610 of this book. . 208 SCHOOL-FUND COMMISSIONERS. [CH. 25 ing bonds as contemplated in section 1 of this act, shall make a certificate in duplicate, directed to the state treasurer, stati that they have examined and accepted the funding bonds of school district No. , of the county of , or board of education of the city of , for the sum of dollars, in lieu of bonds numbered for like amount issued by said district or board of education, now in the state treasury, and belonging to the fund, and the treasurer of state is authorized to cancel and return the bonds so funded, together with the coupons attached thereto, and not matured, to the proper officer of the county, city or school district, which said certificate shall be signed by a majority of the said commis- sioners, one of which shall be filed with the auditor of state and the other delivered to the state treasurer. (Laws 1879, ch. 160, sec. 3.) Ci .26] STATE ANNUAL SCHOOL FUND. 209 CHAPTER XXVI. State Annual School Fund. $66. State annual school fund shall con- sist of what. 6 7. State treasurer hold annual school fund subject to order of state su- perintendent. f 8. Treasurer shall pay county treasurer on order of state superintendent. f 9. County treasurer shall apply to state treasurer for school moneys ap- portioned to county. 620. County treasurer, upon proper ap- plication, shall pay over moneys to district treasurer. 621. Each insurance company doing busi- ness in the state shall annually pay fifty dollars into the state annual school fund. 616. Shall Consist of What. [9273] The state annual s hool fund shall consist of the annual income derived from the ii terest and rents of the perpetual school'fund, as provided in t-ie constitution of the state. (Laws 1879, ch. 149, sec. 4, ]\ arch 13.) 617. State Treasurer. [9274] The state treasurer shall r ,'ceive all the annual income of the state appropriated for the a inual support of schools, whether derived from the interest of moneys loaned, rents of school-lands, or annual tax, and hold the same subject to the order of the state superintendent of public instruction. (Laws 1876, ch. 122, art. 16, sec. 2.) 618. Payment. [9275] He shall pay over to the treas- irer of each county, on application, the amount of school rioney due to said county, on order of the state superintendent cf public instruction. (Laws 1876, ch. 122, art. 16, sec. 2.) 619. County Treasurer. [9276] The treasurer of each, county shall apply for and receive of the state treasurer the school moneys apportioned to his county as soon as the same ehall become payable. (Laws 1876, ch. 122, art. 16, sec. 6.) 620. Pay to the District Treasurer. [9278] Each county treasurer receiving such moneys shall, upon proper application of the district treasurer of any district, pay over to the said district treasurer the amount apportioned to the district by Ihe county superintendent. (Laws 1876, ch. 122, art, 16, sec. 7.) 621. Insurance Companies. [9279] . . Every in- surance company doing business in this state shall, in addition ;o the fees required by this act (chapter 93, Laws 1871), pay into the state treasury, for the benefit of the annual school fund, the sum of fifty dollars each year. (Laws 1876, ch. 122, art. 16, sec. 8.) 14 Sch. Laws. 210 STATE DEPARTMENT OF EDUCATION. [CH. 27 CHAPTER XXVIL State Department' of Education. 622. State department of public instruc- tion constituted. 623. General duties of state superintend- ent. 624. Oath and bond. 625. Salary. 626. Assistant. 627. Clerks and stenographers. 628. Apportionment of school fund. 629. Draw orders. 630. Official opinions. 631. School laws and blanks. 632. Visitation and textbooks. 634. Copies of papers. 635. Biennial report. 636. State board of education; member- ship; term; expenses; compensa tion. 637. Meetings and duties of board. 638. Secretary of state board of education. 639. Accrediting of rural, graded, and high schools. 640. Admission of graduates from ac- credited high schools to state in- stitutions. 641. State supervisors of public schools. 633. Office in capitol. 622. State Department of Public Instruction Constituted. [8867] The state superintendent of public instruction, the State Board of Education and the officers and assistants herein provided for shall constitute the state department of education. (Laws 1915, ch. 296, sec. 1.) 623. General Duties of State Superintendent. [10765] The educational interests of the state shall be under the super- vision and management of the state superintendent of public instruction, subject to such limitations and restrictions as are or may be prescribed by law; and he shall have and exercise the powers and perform the duties prescribed in the acts relat- ing to common schools. (Laws 1879, ch. 166, sec. 79.) 624. Oath and Bond. [10764] The state superintend- ent of public instruction shall, before he enters upon the duties of his office, take and subscribe the proper oath of office, and shall execute to the state of Kansas a bond in the sum of $10,000, with two or more sufficient sureties to be approved by the Executive Council, conditioned that he shall faithfully per- form the duties of his said office, which oath and bond shall be filed in the office of the secretary of state. (Laws 1879, ch. 166, sec. 78.) 625. Salary. [8868] On and after the second Monday in January, 1917, the salary of the state superintendent of public instruction shall be three thousand dollars per annum. (Laws 1915, ch. 296, sec. 2.) 626. Assistant. [8869] The state superintendent of public instruction is hereby authorized to appoint an assistant, who shall be designated as assistant state superintendent of public instruction. Said assistant .shall take the proper oath of office, which shall be filed in the office of the secretary of state ; he shall act as the deputy of the state superintendent of public instruction and shall perform the duties, not inconsistent with law, which the state superintendent may require ; and he shall receive a salary of two thousand dollars per annum. (Laws 1915, ch. 296, sec. 3.) Ctt.27] " STATE DEPARTMENT OF EDUCATION. 211 ; 627. Clerks and Stenographers. That section 8870 of th( General Statutes of 1915 be amended to read as follows: Se< -. 8870. The state superintendent of public instruction may als D appoint a chief clerk, who shall act as clerk of the board of commissioners for the management and inyestment of the scl .ool funds, and .who shall perform such other duties as the sn >erintendent may require, whose salary shall be $1500 per amum; a statistical and filing clerk whose salary shall be $1 )00 per annum ; and two stenographers, each of whom shall re :eive a salary of $900 per annum. (Laws 1917, ch. 1, sec. 4.) 628. Apportionment of School Fund. [10766] Such st.te superintendent shall distribute the income of the state sc 100! fund and the annual taxes collected by the state for the su pport of common schools to those counties of the state from w rich the proper reports have been received by said state si perintendent. Such distribution shall be made twice in each y( ar, as follows : All such moneys received up to the 15th of F ;bruary shall be distributed between the 15th and last day ol such month, and that received up to the 15th day of August si all be distributed between the 15th and last day of such rronth. The apportionment to each county shall be made in p -oportion to the number of children over the age of five years a id under the age of twenty-one years resident therein, as shown by the last annual report of the county superintend- ent to the state superintendent. (Laws 1879, ch. 166, sec. 81.) 629. Draw Orders. [10767] Such superintendent shall d*aw his order on the state treasurer in favor of the county treasurer of the counties respectively entitled to school moneys for the amount of such moneys apportioned to his county, and certify the amount of such order to the state treasurer and s^ate auditor, and also to the county clerk and superintendent of the proper county. (Laws 1879, ch. 166, sec. 82.) 863O. Official Opinions. [10768] Such superintendent shall, at the request of any county superintendent, 145 give his opinion, upon a written statement of facts, on all questions and controversies arising out of the interpretation and con- struction of the school laws in regard to the rights, powers and duties of school-district boards, school officers, and county superintendents, and shall keep a record of all such decisions. Before giving any such opinion, the superintendent may sub- mit the statement of facts to the attorney-general for his ad- "ice thereon, and it shall be the duty of the attorney-general 1'orthwith to examine such statement, and suggest the proper decision to be made upon such facts. (Laws 1879, ch. 166, .83.) = 145. The state superintendent is required by law to render an opinion to the county superintendent. Such opinions should always be sought ough the county superintendent. 212 STATE DEPARTMENT OF EDUCATION. * [CH. 27 631. School Laws and Blanks. [10769] Such superin- tendent, not pftener than once in two years, may publish the school laws in force, with such forms, regulations, instruc- tions and decisions as he may judge expedient thereto annexed, and shall cause the same to be forwarded to the persons en- titled to receive them. He shall prescribe and cause to be pre- pared all forms and blanks necessary in the details of the com- mon-school system, so as to secure its uniform operation throughout the state ; and shall cause the same to be forwarded to the several county superintendents, to be by them dis- tributed to the several persons or officers entitled to receive the same. (Laws 1879, ch. 166, sec. 84.) 632. Visitation and Textbooks. [10770] It shall be the duty of such superintendent to visit each county of the state at least once in two years, and as much oftener as consistent with the discharge of his other duties, for the purpose of ad- vancing and promoting the cause of education throughout the state. It shall be his duty to recommend the most approved textbooks for the common schools of the state, and to open such correspondence as may enable him to obtain all necessary information relating to the system of common schools in other states. (Laws 1879, ch. 166, sec. 85.) 633. Office in the Capitol. [10771] Such superintend- ent shall have an office in the capitol, where he shall keep all books and papers pertaining to the duties of his office ; and all books, school and other, and all apparatus, maps and charts now belonging to the office of the state superintendent, and such as may hereafter be received for such office by purchase, exchange, or otherwise, shall be kept and preserved in such office, and delivered by the superintendent to his successor. He shall file and carefully preserve in his office the official re- ports made to him by the county superintendents of the sev- eral counties, trustees or directors of academies, graded schools, or colleges. (Laws 1879, ch. 166, sec. 86.) 634. Copies of Papers. [10772] Copies of all papers filed in his office, and the record of his official acts may be certified by him, and when so certified shall be evidence equally and in like manner as the originals. (Laws 1879, ch. 166, sec. 87.) 635. Biennial Report. [10773] The superintendent shall, on the 1st day of December preceding each regular ses- sion of the legislature, make out and deliver to the governor a report containing: (1) A statement of the number of com- mon schools in the state, the number of scholars attending the same, their sex, and the branches taught; a statement of the number of private or select schools in the state, so far as the same can be ascertained, and the number of scholars attending the same, their sex, and the branches taught; a statement of the number of normal schools in the state, and the number of Cl . 27] STATE DEPARTMENT OF EDUCATION. 213 sti dents attending them ; the number of academies and col- lej.es in the state, and the number of students, and their sex, at ending them; and such other matters of interest as he may de jm expedient, drawn from the reports of the county super- in endents of the several counties in the state, and from other reports received on the subject of education from trustees or ot ler school boards within the state. (2) A statement of the cc ndition of the common-school fund of the state, including moneys, school lands or other property held in trust by the si ite for the support of common schools, and giving a full statement of the school-land account of each county. (3) A statement of the receipts and expenditures for the year. (4) A statement of plans for the management and improvement common schools, and such other information relating to the e lucational interests of the state as he may deem important. ( Laws 1879, ch. 166, sec. 88.) 636. State Board of Education; Membership; Term; Ex- penses; Compensation. [8871] The State Board of Educa- t on shall be composed of the state superintendent of public 1 istruction, who shall be ex-officio chairman, the chancellor of tne State University, the president of the State Agricultural ( College, the president of the Kansas State Normal School, and three other persons to be appointed by the governor. Within 1en days after this act takes effect the governor shall appoint 1hree persons who shall serve as members of the board for ierms which shall begin on the first Monday in April, 1915, and which shall expire respectively on the first Monday in April, 1916, the first Monday in April, 1917, and the first Mon- lay in April, 1918; and thereafter the governor shall in the month of March in each year appoint one person who shall serve as a member of the board for a term of three years be- ginning with the first Monday in April, and until his successor is appointed and qualified. Each member of the State Board of Education shall receive all necessary and actual traveling ex- penses incurred in attending the meetings of the board and in the discharge of the duties required by law, and in addition thereto each appointed member shall receive as full compensa- tion the sum of five dollars per day for each day's actual service in attending the meetings of the board, not exceeding ten days in any year. (Laws 1915, ch. 296, sec. 5.) 637. Meetings and Duties of Board. [8872] The State Board of Education shall meet at such times and places as may be determined by them and at the call of the state superintend- ent of public instruction. The board shall prescribe courses of study for the public ^chools of the state, including the common or district schools, the graded schools, and the high schools; they shall also prepare a course of study for the normal in- itutes; and they shall revise the several courses of study 114 STATE DEPARTMENT OF EDUCATION. [CH. 27 i when in their judgment such revision is desirable; they shall have authority to make rules and regulations relating to the observance of the prescribed courses of study; and they shall also issue state teachers' certificates under such regulation, not inconsistent with law, as the State Board may determine. (Laws 1915, ch. 296, sec. 6.) 638. Secretary of State Board of Education. [8873] A a meeting called by the state superintendent of public instruc- tion during the month of April, 1915, the State Board of Edu- cation shall elect a secretary, not a member of the board, who shall be an expert in education, a graduate of a four-year course of study of a university, college, normal school, or in- stitution of like rank, and who shall have had not less than five years of experience in educational work as superintendent or supervisor. The secretary first elected under this act shall serve from the first day of July, 1915, until the first day of July, 1919; and thereafter the secretary of the board shall serve for a term of four years and until his successor is elected, unless removed by the board for cause; and the regular elec- tion of secretary shall be held during the month of April next preceding the date of the expiration of the term of office. The secretary of the State Board of Education shall be subject to the direction of the state superintendent of public instruction. He shall serve as inspector of colleges and universities accred- ited by the State Board and shall have charge of all matters relating to state teachers' certificates, and shall perform such duties as may be required by the State Board of Education or the state superintendent of public instruction, and he shall re- ceive a salary of two thousand four hundred dollars per an- num. The State Board of Education may also employ a stenog- rapher at a salary of nine hundred dollars per annum. (Laws 1915, ch. 296, sec. 7.) 639. Accrediting of Rural, Graded, and High Schools. [8874] The State Board of Education shall have exclusive and sole authority to define official standards of excellence in all matters relating to the administration, course of study, and in- struction in rural schools, graded schools, and high schools, and to accredit those schools in which the specified standards are maintained ; and the board may grant to accredited schools an appropriate certificate or other evidence of approval. (Laws 1915, ch. 296, sec. 8.) 640. Admission of Graduates from Accredited High Schools to State Institutions. [8875] Any person who shall complete a four-year course of study in any high school ac- credited by the State Board of Education shall be entitled to admission to the freshman class of the State University, the State Agricultural College, or any of the state normal schools, on presenting a statement containing a transcript of his high C I. 27] STATE DEPARTMENT OF EDUCATION. 215 s< hool record signed by the principal of the school and certify- ii g that such person has satisfactorily completed said course study. (Laws 1915, ch. 296, sec. 9.) 641. State Supervisors of Public Schools. [8876] The s* ate superintendent of public instruction may, with the advice a id consent of the State Board of Education, appoint assis- tants, not exceeding four, who shall serve as supervisors of the 1 ablic schools of the state, including rural, graded, and high s ihools. Said assistants shall perform such other duties as nay be required by the state superintendent of public instruc- t on or the State Board of Education ; and each of said assis- t ints shall be allowed actual and necessary traveling expenses i icurred in the performance of his duty, and shall receive a salary fixed by the State Board of Education not exceeding 1 wo thousand dollars per annum ; provided, that no state funds < xcept as herein provided shall be expended for the purpose of inspection of rural, graded and high schools. Laws 1915, ch. ::96, sec. 10.) 216 SCHOOL TEXT-BOOK COMMISSION. [CH. 28 CHAPTER XXVIIL- Textbooks. ARTICLE I. State School Book Commission. (NOTE. This article contains the textbook act of 1913 as amended by the legislature of 1915. Those parts of article II, sections 641 to 671 of this book, which conflict with this act are no longer in force.) 642. State School Book Commission created ; compensation ; expenses. 643. Chairman; secretary. 644. Series of textbooks; publication; adoption; approval; distribution; exchange. 645. Powers of commission. 646. Printing. 647. Exclusive use required. 648. Price fixed at estimated cost. 649. Purchase of school books by school boards; free texts. 650. Dealers; payment; commission; bond; exchange; shipment. 651. Copies of agreement and price lists furnished. 652. Penalty for increase of price and for use of other books. 653. Supplementary books. 654. Annual report of School Book Com- mission. 655. Penalty for violation of act by mem- bers of commission. 656. Unlawful to "sell charts, maps, globes, etc., unless approved. 657. Penalty for unlawful sale. Unlawful to purchase maps, charts, globes, etc., unless approved. Penalties. 658. 659. 642. State School Book Commission Created; Compensa- tion; Expenses. [9366] For the purpose of carrying out the provisions of this act, there is hereby created a State School Book Commission consisting of seven members which shall be composed of the state superintendent of public instruction, the president of 'the State Normal School, the president of the State Agricultural College, the state printer, the president of the State Board of Agriculture, and two other persons to be appointed by the governor for a term of two years from April 1st, 1913. The commission thus created shall perform the duties and exercise the power granted in this act and shall have all the powers and authority heretofore belonging to the School Text Book Commission, except so far as these duties are modified by the provisions of this act. The members of the commission shall take an oath of office, the form of which shall be prepared by the attorney-general. Within twenty days after this act shall take effect the state superintendent of public instruction shall call a meeting for the purpose of ef- fecting an organization ; and thereupon all authority hereto- fore belonging to the School Text Book Commission shall be transferred to the State School Book Commission, and the said School Text Book Commission shall cease to exist. All contracts made by the School Text Book Commission and in force at the time when this act takes effect shall be enforced by the State School Book Commission created by this act. The commission shall have authority to make its own rules and regulations, and to determine the method of its procedure in accordance with the provisions of this act. Each member of said commission who shall, at the time of service thereon, be receiving a stated salary from the state, shall not be allowed per diem, but the other members shall receive as their full compensation the sum of five dollars for each day's actual Jin ;ei CH. 28] SCHOOL TEXT-BOOK COMMISSION. 217 S( rvice in attending the meetings of the said commission. And e: ch member shall receive all necessary and actual traveling ai d hotel expenses incurred in attending all meetings of the c< mmission arid in discharge of their duties. (Laws 1913, cl . 288, sec. 1.) 643. Chairman; Secretary. [9367] The commission tl us created shall select one of its members as chairman of the S ;ate School Book Commission ; the commission shall choose a S- cretary who shall not be a member thereof, but who shall b a person of recognized ability and well qualified to deter- n ine the educational value and use of school textbooks, and v ho shall maintain his office in the state capitol, and devote all h is time to the duties of such secretaryship. He shall keep all accounts and records of the State School Book Commission, s lall furnish the commission with full and complete informa- t on as to the character, worth, adaptability, educational, and r lechanical value of such books as are used in the public schools c f this state, and of other states, and shall report any viola- t .ons of the provisions of this act to the said commission imme- ( lately on learning thereof. It shall also be the duty of the secretary to see that the books are properly distributed, and collections made for same. The secretary shall hold his office 1 or two years, or until dismissed by the commission for cause, rnd shall receive an annual salary to be fixed by the commis- f ion, not to exceed two thousand dollars. The secretary shall jfive a good and sufficient security company bond in the sum of ten thousand dollars ($10,000), the cost of which shall be borne by the state, conditioned on the faithful discharge of his official duties, and shall be approved by the State School !3ook Commission. (Laws 1913, ch. 288, sec. 2.) 4. Series of Textbooks; Publication; Adoption; Ap- oval; Distribution; Exchange. [9368] Section 3 of chap- r 288 of the Session Laws of 1913 is hereby amended to read as follows: Sec. 3. The said State School Book Commission shall, as soon as, and when practicable, print, publish or pro- vide for the publication of a complete series of school textbooks, as hereinafter mentioned, for use in the public schools, includ- ing the high schools, in the state of Kansas. Also, they shall provide, by adoption, under the provisions of the law, for such books of the hereinafter mentioned series as they find it impossible or impracticable to print or publish. They may also write, select, compile or cause to be written or compiled, or purchase the copyright or contract the right to publish all such books by the payment of an agreed royalty therefor. The said series of school textbooks shall consist of one spelling book, one primer, one each first, second, third, fourth, and fifth reader; one each, elementary and advanced arithmetic; one each, ele- mentary and advanced geography; one each, elementary and advanced grammar; one each, elementary and advanced physi- 218 SCHOOL TEXT-BOOK COMMISSION. [CH. 28 ology and hygiene ; a primary and an advanced history of the United States ; a history of the state of Kansas ; one civil govern- ment of the United States and of the state of Kansas ; one ele- ments of agriculture and stock raising ; one system of penman- ship ; a graded system of drawing books ; textbooks containing collections of masterpieces of American and English literature, for the fifth, sixth, seventh, and eighth grades ; algebra (ele- mentary and advanced) ; geometry (including both plane and solid) ; Latin grammar; Latin exercises; Caesar; Cicero; Vir- gil ; English composition ; English history ; English literature ; ancient history; medieval and modern history; rhetoric; bot- any; chemistry; zoology; word analysis; geology; physical geography; complete texts in German and French (including exercises, grammar, readers and classics) ; descriptive astron- omy and a bookkeeping text. Such books to be equal in subject matter, material, binding and mechanical execution and ap- proximately in size to the books named in sections 7813 and 7833 of the General Statutes of Kansas of 1909. The said State School Book Commission may adopt, print or publish, as in their opinion may be desirable or practicable, other text- books in addition to the books enumerated above and may ap- prove textbooks, in subjects not enumerated above for special courses, to meet the needs and requirements of the courses of study prescribed for use in the public schools, including the high schools of the state ; provided, that the State School Book Commission shall have authority to so vary the period of adop- tion for high school classics as to meet the college entrance requirements; provided further, that the State School Book Commission shall not contract with any person, company or corporation, for any of the books provided for in this act at a price in excess of the lowest price at which such book or books are sold for use in any other state, county, city or district. The distribution of all textbooks adopted under the provisions of this section shall be according to the provisions of section . 7820 of the General Statutes of Kansas of 1909 except as re- lates to the 15 per cent commission, allowed in this act; and provided further, that any person, persons, company or cor- poration who shall contract to furnish textbooks adopted under the provisions of section one of this act shall take up any text- books previously in use and displaced by said adoption which may be offered to the contracting publishers or their agents within one year after the beginning of said contract and shall allow for such displaced books in exchange for new books in the same branch an amount not less than the highest amount allowed on the lowest price in any other state, county, city or district and which said amount shall be specifically set out in each bid. Said exchanged books to be returned to the pub- lishers or their agents within one year after the beginning of said contract according to their direction and at the expense s II CH. 28] SCHOOL TEXT-BOOK COMMISSION. 219 o ' the said contracting publishers. (Laws 1915, ch. 297, s *. 1.) 645. Powers of Commission. [9369] The State School I ook Commission shall have the power, and is hereby author- i ed to have written or compiled, or to purchase the several t ;xtbooks and manuscripts to be used in the public schools, and shall fix the remuneration of authors and compilers, and c )mpensation for other necessary services in the preparation i nd publication of said books. Said State School Book Com- ] lission shall also have the power to procure copyrights for the j-tate'of Kansas of any school textbook, manuscript, or subject i latter thereof, authorized by the provisions of this act, and 1 D contract with authors and publishers upon a royalty basis, i pon an exclusive right to publish and use in the state of "vansas any school textbook written or published by them, "he State School Book Commission shall furnish to the state )rinter copy and design for all diagrams and illustrations to >e used in any school textbook published by the state under the >rovisions of this act. (Laws 1913, ch. 288, sec. 4.) 646. Printing. [6370]' The printing of all textbooks )ublished by the state, and provided for in section 3 of this act, ind all mechanical work connected therewith, shall be done by ind under the supervision of the state printer, at the state printing plant. (Laws 1913, ch. 288, sec. 5.) SCJ17. Exclusive Use Required. [9371] Whenever any Dne or more of the said textbooks shall have been authorized Dr published, the State School Book Commission shall issue an Drder requiring the exclusive use of said book or books in the public schools of Kansas, but such an order for the exclusive use of such book or books shall not take effect as to any book or books within a time that shall interfere with any present legal contracts, or legal adoptions heretofore made by the School Text Book Commission, or under the provisions of this act. Whenever the commission shall issue an order requiring the exclusive use of any textbooks in the public schools of this state no public school superintendent, principal, teacher, or any other public school authority in this state shall have the power to use, or authorize the use of any book or books for pupils other than those directed to be used by order of said commission ; provided, that nothing herein contained shall ex- clude the use of books for reference only, but such books may be provided by the school districts, or local board of education, in the school libraries, and no school patron shall be compelled buy such books. (Laws 1913, ch. 288, sec. 6.) S 048. Price Fixed at Estimated Cost. [9372] The state printer shall furnish the State School Book Commission a statement of the cost of the material and labor required to ublish each book provided for in this act, and from this state- 220 SCHOOL TEXT-BOOK COMMISSION. [CH. 28 ment, together with the cost of copyrights, royalties, author- ship, and other necessary expenses, said commission shall fix maximum prices, based on the actual cost of production and distribution, at which said books shall be sold for cash only to school patrons of this state, and no school textbook shall be sold at a price in excess of that fixed by said School Book Com- mission, except as provided for in section 8 of this act. (Laws 1913, ch. 288, sec. 7.) 649. Purchase of Books by School Boards; Free Text- books. That section 9373 of the General Statutes of 1915 is hereby amended to read as follows: Section 9373. District clerks and clerks of boards of education of cities of the first and second class in the state of Kansas may provide a revolv- ing fund for the purpose of enabling the district clerks, or the clerks of the boards of education to purchase for the use of the school under their control the necessary state school text- books for use in said schools. The treasurer of each district board and each board of education is hereby authorized and directed to pay out of said funds all orders lawfully drawn for the purchase of the necessary state school textbooks for use in such school districts, or city schools. Each district clerk and each clerk of the board of education shall replace the moneys paid out of the revolving fund with cash received by him for the books sold to the patrons of said schools; pro- vided, that each school district and each city may have the privilege of providing the pupils in said district, or city, with textbooks free of cost if so authorized by majority vote of the qualified electors in such city or school district voting at an election held for the purpose of determining how the books shall be distributed; and provided, whenever and so often as any educational institution in this state shall adopt textbooks published under this act, such institution shall have the same privileges in the purchase and distribution of such books as have district schools and city schools referred to in this act. (Laws 1917, ch. 292, sec. 1.) 650. Dealers; Payment; Commission; Bond; Exchange; Shipment. That section 9374 of the General Statutes of 1915 is hereby amended to read as follows : Section 9374. The State School Book Commission shall, as soon as practicable after the passage of this act, appoint at least one school book dealer or agent in each county seat and in each city of the first and sec- ond class in the state, and such other school book dealers or agents as the State School Book Commission shall see fit to appoint, for the handling and sale of the school books pub- lished by the state. Said school book dealers or agents shall be allowed a comimssion of fifteen per cent of the cost price of the books, as authorized by the State School Book Commission, which commission shall be added to the cost price. Every school book dealer or agent appointed by the State School li C'H. 28] SCHOOL TEXT-BOOK COMMISSION. 221 Book Commission under this act shall give a good and suffi- c ent personal or surety bond under such rules and regulations a s may be prescribed by the State School Book Commission, in a sum sufficient to coyer all purchases of school books for a period of one year, conditioned on the settlement for all books (I dates when such settlement is due, and shall make cash F jttlements in full for all books purchased at the end of ninety (ays from January 10th and July 10th, and any books pur- chased between April 10th and July 10th, and between Oc- t )ber 10th and January 10th, shall be settled for in full in t nirty days from date of shipment ; provided, that the State .School Book Commission and the secretary shall not in any < ase ship to any school book dealer or agent, shipment of books i he aggregate value of which remaining unpaid, shall exceed ighty per. cent of the amount of the bond given by said school >ook deal or agent ; provided further, that any bonded school >ook dealer o*r agent mentioned in this act shall have the privi- ege of returning to the State School Book Commission in good :ondition, and at no expense to the state, any books for which le has not paid the State School Book Commission, and receiv- ng therefor a credit to apply on his account, for the amount )f such books, at the prices' fixed by the State School Book Commission, and the State School Book Commission shall, at any time, accept from their appointed school book dealers or agents, books published by the state, returned to the commis- , sion in good condition, in exchange for other books published by the state ; provided, that the dealer or agent returning such books shall pay transportation both ways on such exchanges, but no exchange of a book, the adoption period for which will expire within six months, shall be granted. Each school book dealer or agent appointed by the State School Book Commis- sion shall, on the first day of each month, make to the secre- tary of the State School Book Commission a full and accurate report of all books in the hands of such dealer or agent, pay- ment for which has not yet been made to the State School Book Commission, and any school book dealer or agent shall, upon order from the secretary of the State School Book Commis- sion, make shipment of surplus books on hand, for which pay- ment has not yet been made, to other dealers or agents in the state ; provided, that in case of such shipment on the order of the secretary of the State School Book Commission, the trans- portation shall be paid by the state and in no case by the dealer or agent on whom the order is drawn. The State School Book Commission may, at any time, at its discretion deprive any school book dealer or agent appointed by it of the privilege of handling school books under the provisions of this act, for failure to comply with the provisions of this act, or for any cause that to said School Book Commission may seem to war- rant such action on their part. The State School Book Com- mission shall sell the school books published by the state to 222 SCHOOL TEXT-BOOK COMMISSION. [CH. 28 any school book dealers in the state other than bonded school book dealers or agents appointed by the State School Book Commission; provided, that all orders for school books pub- lished by the state, from dealers not appointed by the State School Book Commission, shall be accompanied by cash in full for such books ; and the State School Book Commission and the secretary shall ship no books to dealers other than bonded deal- ers appointed by the State School Book Commission, or to dis- trict clerks, or to clerks of boards of education, except on orders accompanied by full payment for all books ordered ; provided further, that district clerks, clerks of boards of edu- cation of cities of the first and second class and school book dealers other than bonded school book dealers or agents ap- pointed by the State School Book Commission shall have the same privileges of exchange of school books published by the state as those granted the bonded school book dealers or agents mentioned in this act. All books published by the state and sold by the State School Book Commission shall be shipped by the secretary, carriage prepaid, to the railroad station nearest their destination. It shall be the duty of the secretary to re- port to the state auditor on or before the 10th day of each month, in separate reports, an itemized statement of the num- ber of books sold by him for cash during the preceding month, with the amount of money received for same; an itemized statement of the number of books sold by him on time during the preceding month, with the amount due for same ; an item- ized statement of all books returned for credit during the pre- ceding month, with the amount of credit granted for same; and an itemized statement of all exchanges made by him dur- ing the preceding month. The secretary shall pay weekly the money received for the sale of books into the state treasury; provided, that no books shall be considered as sold, or reported to the state auditor as sold, by said secretary until shipment of such books shall have been made, and no sale shall l>e re- garded as made, and no money received from the sale of books shall be paid into the state treasury until the books for which such money was paid to the secretary of the State School Book Commission shall have been shipped by him to the pur- chaser. All moneys received by the state treasurer under the provisions of this act shall be kept by him in a separate fund to be known as "the state school-book fund," and shall be used as a revolving fund by said commission for the purchase of material, payment of labor, royalties, copyrights and all other expenses" incurred in the purchase or publication and distribu- tion of school books as provided in this act. (Laws 1917, ch. 292, sec. 2.) 5 651. Copies of Agreement and Price Lists Furnished. [9376] It shall be the duty of the state superintendent of pub- lic instruction to furnish to each county superintendent of public instruction and each superintendent of schools in cities Cl .28] SCHOOL TEXT-BOOK COMMISSION. 222 of the first and second class, for the use of any retail dealer in hi county or city who may apply for permission to sell the bo >ks of the state series, printed copies of the above agree- mt nt together with lists of maximum prices of such books as fi*3d by the State School Book Commission. And any dealer wl -o shall fail, neglect or refuse to comply with the condition of su :h agreement shall forfeit his right to any further purchases of said school books from the state. (Laws- 1913, ch. 288. se j. 11.) 652. Penalty for Increase of Price and for Use of Other B-oks. [9378] Any person or persons who shall directly or in iirectly demand or receive money or anything of value for a] y book or books provided for in this act in excess of the p) ice fixed by the State School Book Commission, except the fi: teen per cent hereinbefore provided for retail dealers, and ai y member or members of any district board or board of e( ucation, or any superintendent, principal, or teacher of any p iblic school in the state, who shall adopt, use or procure to b> used in any public school in the state, in the same branch, a ly textbook or books as a substitute for or in lieu of any text- b >ok provided for in this act shall be deemed guilty of a mis- d jmeanor, and upon conviction in any court of competent juris- d ction, shall be punished by a fine in any sum not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not to exceed ninety days, or b/ both such fine and imprisonment. (Laws 1915, ch. 297, sc. 5.) $(>53. Supplementary Books. [9379] The State School Eook Commission shall have authority to approve supple- mentary readers for the first, second, third and fourth grades; and historical, geographical, science and literature readers for any grade, in addition to the books adopted or published under tie provisions of law, which books shall be supplementary to t lose provided for in section 1 of this act, 146 and to fix the price which such supplementary books shall be sold; which price shall not be in excess of the cost price at which such books are sold in any other state, county, city or district. The State School Book Commission may contract with the publishers of said supplementary books for the distribution of said books by the publishers from some point within the state, or by the State School Book Commission at such above mentioned price, not to exceed fifteen per cent additional cost for carriage and distribution. School district boards and boards of education shall have authority to use in the schools under their control such supplementary books as are provided for in this section ; provided, that no such book shall be used as a substitute for or 146. Section 644 of this book. 224 SCHOOL TEXT-BOOK COMMISSION. [CH. 28 in lieu of any book printed, published or adopted by the State School Book Commission as provided for in sections 1 and 2 of this act; provided further, that all supplementary books herein provided for shall be selected from a list of books ap- proved for this purpose by the State School Book Commission. Supplementary school books approved for use in elementary schools as herein provided shall, when used, be purchased by the school district or board of education, and shall be the prop- erty of the school district or city in which said books are used, and shall be furnished for the use of the pupils free of cost. (Laws 1915, ch. 297, sec. 6.) 654. Annual Report of School Book Commission. [9380] That not later than the first of September in each year, the State School Book Commission shall make a complete report to the governor of all the business transacted by the commission for the fiscal year ending June 30th, next preceding. (Laws 1915, ch. 297, sec. 7.) 655. Penalty for Violation of Act by Members of Commis- sion. [9382] Any member of the State School Book Com- mission herein established, violating any provision of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine in any sum not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a term of not less than thirty days nor more than one year, or by both such fine and imprisonment. (Laws 1913, ch. 288, sec. 14.) 656. Unlawful to Sell Charts, Maps, Globes, etc., Unless Approved. [9063] It shall be unlawful for any person to sell to any school board or board of education in the state of Kansas, or to solicit the purchase by any school-district board or board of education, of any chart, map, globe, or other school apparatus, except scientific apparatus for high schools, unless the same shall have been submitted to the School Text Book Commission of the state of Kansas, and by them approved and a maximum price fixed therefor. (Laws 1901, ch. 308, sec. 1.) 657. Penalty for Unlawful Sale. [9064] Any person who shall sell to any school-district board or board of education of any city of the first or second class within the state of Kan- sas any chart, map, globe, or other school apparatus, except scientific apparatus for high schools, which has not been ap- proved by the School Text Book Commission of the state of Kansas, and any person who shall request or endeavor to per- suade any such school-district board or board of education, or any member thereof to purchase any chart, map, globe or other school apparatus the sale of which is hereby prohibited shall be guilty of a misdemeanor and subject to a fine of not exceed- ing $200 for each offense. (Laws 1901, ch. 308, sec. 2.) CH 28] SCHOOL TEXT-BOOK COMMISSION. 225 v 658. Unlawful to Purchase Charts, Maps, Globes, etc., Un- less Approved. [9383.r] It shall be unlawful for any school- dij- :rict board or board of education of any city of the first or sec ond class to purchase or contract for any chart, map, globe or other school apparatus, except scientific apparatus for high scl ools, unless the same shall have been submitted to the School Te d Book Commission at a regular or special session, and by th m approved and a maximum price therefor fixed by said Sc 100! Text Book Commission. 147 (Laws 1899, ch. 176, sec. 4.) 1 659. Penalties. [9383i/] The punishment for the vio- la' ion of the provisions of this act, or of any contract in pur- su mce thereof, or for the use of any book in the schools not provided for by the commission in pursuance of this act, w lether on the part of the commission or any member thereof, or any school board or board of education or member thereof, or of any teacher, shall be the same as prescribed in chapter 11 9, Laws of 1897 ; provided, that nothing in this act shall b( construed to apply to any book used as a book of reference. (Laws 1899, ch. 176, sec. 5.) 147. The law does not apply to the purchase of school furniture, refer- erce books, or dictionaries. 15 Sch. Laws. 226 TOBACCO AND CIGARETTES. [CH. 29 CHAPTER XXIX. Tobacco and Cigarettes. 660. Unlawful to sell or give away cig- arettes. 661. Unlawful to advertise cigarettes. 662. Minors not permitted to use tobac< in public places. 663. Penalty. 664. County attorney to make inquisition. 660. Unlawful to Sell or Give Away Cigarettes. It shall be unlawful for any person, company or corporation to barter, sell or give away any cigarettes or cigarette papers, or any disguise or subterfuge of either of these, or to have any cigarettes or cigarette papers in or about any store or other place for barter, sale of free distribution. If, upon what seems to be reasonable evidence any person, company or corporation is suspected of having in his or its possession any cigarettes or cigarette papers intended to be offered for barter, sale or free distribution, then, upon the sworn complaint of any citizen of the state of Kansas, specifying fully as to the alleged facts in the case, any officer authorized to make arrests may search the premises of such person, company or corporation and may confiscate any cigarettes or cigarette papers so found. The possession of such cigarette materials shall be considered prima facie evidence of a direct violation of this act. (Laws 1917, ch. 166, sec. 1.) 661. Unlawful to Advertise Cigarettes. It shall be un- lawful for any person, company or corporation to advertise cigarettes or cigarette papers, or any disguise or subterfuge of either of these, in any circular, newspaper or other period- ical published, offered for sale or for free distribution within the state of Kansas. It shall also be .unlawful for any person, company or corporation to advertise cigarettes or cigarette papers on any street sign, placard or bill board ; or in any package of merchandise, store window, show case, or any other public place within the state or Kansas. (Laws 1917, ch. 166, sec. 2.) 662. Minors Not Permitted to Use Tobacco in Public Places. It shall be unlawful for any person, company or cor- poration to sell or give away to any minor under 21 years of age, any cigarettes, cigars, cigarette papers, tobacco or any other such materials connected with the smoking of tobacco. And it shall likewise be unlawful for the proprietor of any place of business to permit minors under 21 years of age to frequent such place of business while in the act of using tobacco in any form. The term "place of business" as herein used shall apply to any and all such places as shops, stores, factories, offices, theaters, recreation and dance halls, pool rooms, cafes, restaurants, hotel, lodging houses, street cars, interurban and railway passenger coaches and waiting rooms. (Laws 1917, ch. 166, sec. 3.) Cl.29] TOBACCO AND CIGARETTES. 227 $ (>(>.*. Penalty. Any person, company or corporation vio- k ting any part of section 1, 2 or 3, of this act, shall be deemed g lilty of a misdemeanor and on conviction shall be fined not 1< ss than $25 or more than $100 for each and every such Fense. (Laws 1917, ch. 166, sec. 4.) 664. County Attorney to Make Inquisition. If any county a rtorney of any county or city attorney of any city within the s ;ate of Kansas shall have knowledge of any violation of any of t le provisions of the foregoing sections of this act, or if ar\y ( ther officer or other person having knowledge of the same shall 1 otify him of such violation, then it shall be his duty forthwith ( iligently to inquire into the facts of such violation and pro- ( eed as in other violations of law ; and for the purpose of such : nquiry he is hereby authorized to issue subpoenas and to com- pel witnesses. to testify, as is provided in the statutes referring o the investigation of and inquiry into the violation of the law especting the sale of intoxicating liquors. And the attorney- reneral, or his assistants, are hereby authorized to assist the :ounty attorneys in the enforcement of this act. (Laws 1917, :h. 166, sec. 5.) 228 WARRANTS AND BONDS LOST. [CH. 30 CHAPTER XXX. Warrants and Bonds Lost and Destroyed. 665. Duplicates may be issued. I 667. Correspond with original. 666. Mutilated warrant or bond. | 668. Record of duplicates. 665. Duplicate May be Issued. [703] Whenever any bond or warrant of the state or territory of Kansas, or any county, city, township, or school district, shall become so far mutilated as to become unfit for circulation, or shall be lost or destroyed, a duplicate thereof may be issued by the officer authorized by law to issue such bonds or warrants, under the regulations and restrictions hereinafter prescribed. (G. S. 1868, ch. 15, sec. 1.) 666. Mutilated Warrant or Bond. [705] On the de- livery to the proper officer of any mutilated bond or warrant, a duplicate of such bond or warrant shall be issued as herein provided. (G. S. 1868, ch. 15, sec. 3.) 667. Correspond with Original. [704] Such duplicate shall correspond, in number, date, amount and coupons, with the original bond or warrant, and shall have indorsed on its face, and on the face of each coupon, by the officer issuing the same, the word "Duplicate," together with the date of its issu- ance. (G. S. 1868, ch. 15, sec. 2.) 668. Record of Duplicates. [707] Any officer issuing duplicates under this act shall keep a record showing the num- bers, dates and amounts of such mutilated, lost or destroyed bonds or warrants, and the number of coupons thereto attached, together with the date of issuance of the duplicate therefor, and the names of the persons to whom issued. (G. S. 1868, ch. 15, sec. 5.) CH. 31] WARRANTS, REGISTRATION OF. 229 CHAPTER XXXL Warrants, Registration of. C 9. How and to whom drawn. 674. Payment of warrants, f 0. Shall be sworn to before. 675. Indorsed wken no funds. ( 1. Shall be signed by and attested by. 676. Publication of lists. < 2. Record of all warrants. 677 Delivery of books to successor. ( 3. All warrants countersigned by. I 678. Penalty. S 669. How and to Whom Drawn. [11693] All warrants s 1 all be drawn to the order of the person or persons entitled t< receive the same, and shall specify the nature of the claim service for which they were issued and out of what funds p iyable ; and the term "warrants," as used in this act, shall be u iderstood to include all orders of any kind or description a ithorized by law to be drawn on public treasurers for money p ayments. (Laws 1891, ch. 249, sec. 1.) $ (570. Sworn to. [11694] No warrants shall be issued e tcept under due authority as provided by law ; and no war- rants shall be issued or authorized by any board of county c Dmmissioners, city council, township board, school-district t oard, or board of education, except on audited account duly 1 ;emized in writing and verified by affidavit, setting forth that the same is just and correct and remains due and unpaid; and lor the purpose of such affidavit, the chairman of the county 1 -oard, the mayor of the city, the township trustee, the director of the school district, and the president of the board of educa- tion, and the respective clerks thereof, shall have power to administer oaths. (Laws 1891, ch. 249, sec. 2.) 55671. Signed and Attested. [11695] County warrants shall be signed by the chairman of the board of county com- nissioners, and -attested by the clerk; city warrants shall be signed by the mayor, and attested by the city clerk ; township warrants shall be signed by the township trustee, and attested ay the township clerk ; school-district warrants shall be signed by the director, and attested by the clerk; board of education warrants shall be signed by the president, and attested by the clerk. (Laws 1891, ch. 249, sec. 3.) S 672. Record. [11696] The clerk of every county, town- ship, city, school district, or board of education shall keep a correct record of all warrants drawn on the treasury of such county, township, city, school district, or board of education, showing the number, date and amount thereof, on what fund drawn, and the name of the person or persons to whom the same are made payable. (Laws 1891, ch. 249, sec. 4.) >j 67.'$. Countersigned. [11697] Before delivering any warrant to the person or persons for whose benefit the same is drawn, the clerk shall present the same to the treasurer, who shall enter, in a book by him kept for that purpose, the number, date and amount of such warrant, on what fund II .. fXV_ 230 WARRANTS, REGISTRATION OF. [CH. drawn, and the name of the payee, and thereupon counter- sign the warrant upon the face thereof. (Laws 1891, ch. 249, sec. 5.) 674. Payment. [11698] It shall be the duty of the treasurer of any county, city, township, school district or board of education to pay on presentation any warrant prop- erly drawn on any fund in his custody by virtue of his office, and, when paid, write across the face of such warrant the word "Paid" in red ink, and sign the same ; provided, that there is sufficient money in his possession belonging to the fund upon which such warrant is drawn to pay the same. (Laws 1891, ch. 249, sec. 6.) 675. Indorsed. [11699] In case there is not sufficient money in the hands of such treasurer to pay any warrant when presented, he shall indorse thereon a proper registered num- ber, in the regular order of its presentation, and the words, "Presented and not paid for want of funds," 148 with date, and sign said indorsement; and he shall record in his warrant register the number, amount and date of all such warrants, to whom payable, and the date when presented for payment, and their register number as indorsed thereon, and such war- rants shall be paid in the order of their presentation as shown by such register; and no warrants shall be received for taxeo by any county treasurer unless he shall have in cash a sufficient sum to redeem all warrants having such priority over the war- rants so offered for taxes. (Laws 1891, ch. 249, sec. 7.) 676. Publication of Lists. [11700] It shall be the duty of any treasurer, whenever any money comes into his hands by virtue of his office, to set apart a sufficient sum to pay any or all warrants that have been registered in compliance with the provisions of this act, and to keep the same until called for; and it shall be the duty of every county, township and school-district treasurer to publish in the official county paper, and of every city treasurer and board of education to publish in the official city paper, between the 1st and 15th days of February and August in each year, a call for the redemption of such warrants as he can pay, describing the warrants by giving their issue number, register number, and amount ; and interest shall cease on each of said warrants on and after such publication. (Laws 1891, ch. 249, sec. 8.) 677. Books Delivered. [11701] Every county, city and townsfcip treasurer and every treasurer of a school district or board of education shall, upon the expiration of his term of office, deliver to his successor the warrant register containing the lists of warrants originally recorded and countersigned, and presented and registered, who shall in all things act as though the entries of such warrants were made by himself. (Laws 1891, ch. 249, sec. 9.) 148. Such warrants bear six per cent interest until paid. Cl.31] WARRANTS, REGISTRATION OF. 231 678. Penalty. [11702] Any officer of any county, city, t< wnship, school district or board of education who shall sign o * attest any warrant not duly authorized by the proper board city council, and any treasurer who shall countersign any v arrant not theretofore signed and attested by the proper (Seers as required in this act, shall be liable to the county, c.ty, township, school district or board of education in the sam of such warrant; and any such officer who shall violate 1 ny of the provisions of this act shall be deemed guilty of a ) lisdemeanor, and upon conviction thereof shall be fined in a ^um of not less than $50 nor more than $500. (Laws 1891, . h. 249, sec. 10.) 232 FRANCES WILLARD DAY. [CH. 32 CHAPTER XXXIL Frances Willard Day. 679. Observance in public schools. 679. Observance of Frances Willard Day in Public Schools. [9449] That September 28, or the school day in each year hereafter nearest to said date, shall be set apart and designated as "Frances Willard Day"; and, in every public school in the state of Kansas, one quarter of the school day shall be set apart for instruction and appropriate exercises relative to the history and benefits of the prohibitory amend- ment to the constitution and the prohibitory laws of the state of Kansas. It shall be the duty of all state, county, city, and school district officers, and of all public school teachers in the state, to carry out the provisions of this act. (Laws 1915, ch. 305, sec. 1.) I INDEX. Academies, eligible for normal training without state aid 194 564 Accredited colleges: application for approval 31 57 examined by State Board of Education 32 58 graduates receive state certificates 32 61 graduates with practice-teaching 33 62 \ct of admission, educational provisions 7 Adjacent territory attached for school purposes: cities first class 54 129 cities second class 66 170 Age, compulsory attendance 77 209 Age, school : cities second class 65 169 school districts 119 321 Agriculture: special normal-school certificates 34 69 special state certificates 29 52 state aid in normal training high schools 194 566 Agricultural College. (See State Agricultural College.) Aid to high schools: county aid, population less than 10,000 147 425 federal aid 166 479 state aid, agriculture and domestic science 194 566 state aid, industrial training 167 486 state aid, normal training 193 562 Alcoholic stimulants: pupils instructed in effects 43 98 teachers examined on effects 43 98 Annexation of school districts to other districts 101 273 disposal of property 102 275 payment of indebtedness 102 274 ! Annexation of territory to city 116 311 appeal 117 313 value of property 116 312 Annual meeting: board of education, cities first and second class 48 114 consolidated school district 106 286 graded school district 106 286 school district 106 286 union district 106 286 (See, also, District, annual meeting.) Annual report: board of education, cities first class 58 144 board of education, cities second class 71 191 clerk of joint district 123 336 county superintendent 91 243 district clerk * 122 333 trustees of county high school 144 412 Annual school fund 209 apportioned how 211 628 consists of what 209 616 (233) 234 INDEX. Annual school fund continued. Pg. Sec. county treasurers receive 209 619 distributed by state superintendent 211 628 paid to county treasurers by state treasurer 209 618 paid to district treasurers by county treasurer 209 620 payment by insurance companies 209 621 report of state treasurer to state superintendent 202 590 state treasurer to keep separate account 202 590 state treasurer to receive . . . . 209 617 subject to order of state superintendent 209 617 Aplington Art Gallery 187 546 management . . . ' 187 547 part of Kansas traveling libraries , 187 547 Apparatus : purchase without approval, penalty 225 658 sale without approval, penalty 4 224 657 Appeal : Adjustment of property, district annexed to city 117 313 appraisement of condemned property, cities 52 122 appraisement of land condemned for site 115 309 conviction in juvenile court 181 528 formation or alteration of school districts 96 253 joint district boundaries 105 284 juvenile court to district court 176 507 Appendages for schoolhouse 129 359 Apportionment of funds : Barnes high schools 153 447 cities, towns or villages under special law 132 370 Appraisement, cities: appeal 52 122 appointment of commissioners 50 120 notice of appraisal 51 121 report of commissioners 51 121 Appraisement, school districts: appointment of appraisers 114 3.08 schoolhouse, change of site 114 307 site condemned 115 309 Appropriation : agriculture and domestic science in high schools 194 566 industrial education 167 486 normal institute fund 191 558 normal training high schools 194 565 state aid to school districts Ill 301 revolving fund 220 650 Art gallery. (See Aplington Art Gallery.) Assistant county superintendent 93 245 Assistant state superintendent public instruction: appointment 210 626 duties 210 626 oath : 210 626 salary 210 626 Asylums, education of children in 81 217 Attachment of territory : cities first class 54 129 cities second class 66 170 Attendance, compulsory. (See Compulsory attendance.) Attendance of pupils, daily record 128 358 Attorney-general : advise state superintendent 211 630 collect money due the state 203 591 INDEX. 235 A torney-general continued. Pff. Sec. enforce law, estates of deceased persons without heir 206 604 examine bonds and proceedings 200 583 member board of school-fund commissioners 199 580 A iditor. (See State auditor.) B .rnes high schools. (See High schools, Barnes law.) B ble may be used in schools 59 146 72 193 B ds, when required, cities second class 71 192 B ennial report of state superintendent 212 635 B anks for common schools: distributed by county superintendents 212 631 prepared by state superintendent 212 631 I .ind children must be sent to school 81 215 I oard of education, cities of the first class: annual meeting 48 114 annual report 58 144 attach adjacent territory 54 129 body corporate 47 111 bonds, estimate 59 151 bonds, petition for election 60 152 clerk, bond, oath 49 115 condemn property for school purposes 50 120 dealers in school books designated 220 650 deficiency shall not be created 59 151 districts, city divided into 58 140 election 47 111 election, commission-governed cities 48 113 eminent domain 50 119 estimates of cost of sites and buildings 59 151 examining committee 49 117 expenditures, limit without contract 59 145 fire protection 134 380 fiscal year 48 * 114 high-school fraternities, expulsion of members 164 474 high-school teachers, certificates 31 55 incapacitated children examined 77 209 industrial training provided 168 489 investment of sinking fund 61 155 investment of teachers' retirement fund 196 572 kindergartens 183 535 liability for bonds issued in excess of amount voted 60 152 limit of authority to levy tax 57 manual training 55 130 may sue in its own name 58 141 meetings, regular and special 58 143 members, nomination, election, term 47 111 members receive no pay 56 135 members shall not be city commissioners nor members of city council 47 111 money levied to pay coupons 64 163 night schools 188 548 nomination and election commission-governed cities 48 113 organization * . 55 pay cost of condemnation proceedings penalty for failure to provide for fire protection 135 384 penalty for refusal to levy tax for payment of coupons. ... 63 permit temporary absence 78 210 personal liability of members 59 151 playgrounds, purchase or lease 53 126 236 INDEX. Board of education, cities of the first class continued. PO- Sea. Powers 55 130 president ; 56 132 purchase of supplementary textbooks 223 653 purchase of textbooks, revolving fund 220 649 refund outstanding bonds 62 159 registry and signing of refunding bonds 63 160 remove employees 48 114 right of eminent domain 50 119 school books sold to patrons 220 649 school buildings opened, certain uses 50 118 school-fund depositories 52 125 school property held by board 58 141 school property, sale of 58 142 superintendent of schools 49 116 tax: buildings 56 137 industrial training 167 488 interest and sinking fund 61 154 interest and sinking fund, bonds to take up warrants, 65 167 interest coupons, refunding bonds 63 161 playgrounds 54 127 support of schools 56 137 taxes collected subject to order of board 58 139 term of members 47 111 treasurer 56 134 truant officers 78 210 vacancies, how filled 47 112 vacancy in examining committee 56 136 Board of education, cities of the second class: vice president 56 133 additional school grounds 75 205 annual meeting 48 114 annual report 71 191 attach adjacent territory 66 170 body corporate 47 111 body corporate, name . 68 176 bonded indebtedness of annexed territory 116 312 bonds : authorized 72 194 election 73 196 repairs, with approval of state superintendent 72 1 94 clerk 67 175 bond 69 : 82 compensation 67 175 duties 49 115 election 67 175 may be member of board 67 175 term 67 175 condemn property for school purposes 50 120 condemn site for schoolhouse 115 309 dealers in school books designated 220 650 election 47 election, Commission-governed cities 48 examining committee 49 117 exclude children between ages of five and seven 65 169 execution of bonds to pay outstanding warrants 73 197 expenditures ' 71 192 fire protection 134 380 fiscal year 48 114 high-school teachers, certificates 31 55 . INDEX. 237 B iard of education, cities of the second class continued. Pa. See. high-school fraternities, expulsion of members 1C4 474 incapacitated children, examination 77 200 industrial training provided 168 489 investment of sinking fund 74 199 kindergartens 183 535 meetings 71 190 members for attached territory 66 170 members, nomination, election, term 47 111 members shall not be city commissioners nor members of city council 47 111 night schools 188 548 nomination and election, commission-governed cities 48 113 oath of office 71 189 officers 67 175 organization 67 175 pay cost of condemnation proceedings 52 123 payment for buildings by time warrants or bonds 75 204 penalty for failure to provide for fire protection 135 384 permit temporary absence 78 210 powers 68 179 president, duties 68 180 election 67 175 property conveyed to by city 68 177 property held by board 68 176 purchase of supplementary textbooks 223 653 purchase of textbooks, revolving fund 220 650 remove employees 48 114 right of eminent domain 50 119 school books sold to patrons 220 650 school buildings opened for certain uses 50 118 school-fund depositories designated 52 125 I superintendent of schools 49 116 tax: buildings 74 203 indebtedness 70 186 industrial training 167 488 interest and sinking fund 73 198 support of schools 70 185 tax levy, limitation 70 186 tax levy, limitation, certain cities 71 187 treasurer, bond 70 184 duties .70 184 election . 69 183 truant officers, appointment 78 210 vacancies, how filled 47 112 validity of official acts 75 206 vice president, duties 69 181 election 67 175 Board of education, cities of the third class: condemn property for school purposes 50 120 condemnation proceedings, cost 52 123 right of eminent domain 50 119 school-fund depositories designated 52 125 Board of Education, State. (See State Board of Education.) Bond: I care of delinquent children 178 512 county superintendent 88 239 district treasurer 124 343 secretary State School Book Commission 217 643 238 INDEX. Bond continued. Pff. Sec. state superintendent of public instruction 210 624 treasurer, board of education, cities first class 56 134 treasurer, board of education, cities second class 70 184 treasurer, board of trustees, county high school 140 392 Bonded indebtedness : disorganized districts 100 270 merged districts 23 36 refunding of 16 21 report of district clerk and clerk of board of education to county clerk 124 341 school district annexed to city 116 311 territory annexed to city 116 312 Bonds 9 additional bonds, hearing, election 12 7 application to vote additional bonds 11 6 application to vote additional bonds heard by commission 12 7 cancellation by state treasurer 16 19 cancellation of bonds and coupons paid 207 610 consolidated bonds 206 605 registration 206 606 examined by attorney-general 200 583 limitations modified 11 4 must be offered to School-fund Commission 203 592 payable at office of state treasurer 15 16 payment before maturity 14 14 15 15 penalty for neglect of duty 16 20 purchased by School-fund Commission 200 583 record of bonds purchased by School-fund Commission. . . . 201 588 register of auditor and treasurer compared 207 611 register of bonds offered to School-fund Commission 200 583 remittance of funds to state treasurer 15 18 School-fund Commission may authorize increase in amount, 11 state treasurer to furnish statement of amount due 15 17 (See, also, Warrants and bonds lost and destroyed.) Bonds, board of education, cities of first class: authority to issue 59 151 election 60 152 estimate of cost of sites and buildings 59 151 interest paid when due 62 156 limitation 60 152 outstanding warrants 64 164 denominations : 64 165 payable, when 64 signature 64 165 sold at par 64 166 tax for interest and sinking fund 65 payment of interest and principal secured 62 purchased with sinking fund 61 rate of interest, When payable 61 refunding bonds authorized 62 registry of bonds by clerk of board 62 registry, refunding bonds 63 security 62 tax levy for interest and sinking fund 61 154 Bonds, board of education, cities of the second class: authority to issue 72 bonds for repairs and heating plants 72 election, cities second class 72 execution 73 197 INDEX. 239 B nds, board of education, cities of the second class continued. p o- Sec. four-year bonds for buildings 74 203 interest paid when due 74 200 interest not to exceed five per cent 72 194 issued for what purposes 72 194 limit of bonded indebtedness 72 194 limit of bonds in certain cities 73 195 payable in twenty years 72 194 registry .. . . 74 202 security 74 201 tax levy for interest and sinking fund 73 198 1 onds, county high school, population over 2000: authorized . .' 142 401 election 142 402 issue at time of establishment 142 403 levy for payment 143 405 limitation 143 404 1 onds, county high school, population under 6000: authorized 146 421 election 146 422 limitation 147 423 unlawful use 147 424 Jonds, funding: denominations 18 25 payable in thirty years 18 registration 18 25 school districts 18 25 townships 18 25 3onds, refunding: board of education, cities first class 62 159 payable within twenty years 62 159 rate of interest 62 159 refunded bonds canceled and destroyed 62 159 registered and signed 63 160 bonded indebtedness may be refunded 16 21 bonds and coupons paid and canceled 22 certified statement of proceedings 19 county treasurer to levy tax 20 coupons receivable for taxes 23 disorganized districts 25 42 failure to levy tax for interest and sinking fund 20 indebtedness to be canceled 17 23 indebtedness not to be increased 20 28 installment bonds may be issued 21 limitation of bonded indebtedness ' 17 23 merged district, district officers may refund 23 36 election to refund 24 40 form of bond. 23 37 law governing indebtedness 25 41 levy for interest and sinking fund 24 suits respecting bonds 24 no refunding within two years of issue 17 penalty for failure to levy tax 20 penalty for wrongful use of funds record of proceedings School-fund Commission 207 615 refunded bonds canceled 19 27 registration 19 27 School-fund Commission may receive 207 613 signed by whom 17 sinking fund to be created 21 31 240 INDEX. Bonds, refunding continued. P0- sinking fund, investment of 22 32 stamped by auditor and charged to treasurer 207 614 tax levy for interest and sinking fund 20 29 Bonds, school district: authority to issue ' 9 1 canceled and destroyed on payment 14 13 denominations 11 3 disorganized district 25 42 disposal 11 3 election 9 1 conduct under general laws 10 2 notice of election 10 2 ordered by district board 10 2 petition 9 1 funding 18 25 interest, rate of 11 3 interest payable semiannually 11 3 limitation of amount 9 1 limitation in certain cities 12 8 payable within fifteen years 11 3 penalty for issue without authority 13 12 penalty for unauthorized use of bonds 13 12 purpose for which issued 9 1 refunding outstanding warrants 18 24 registration 12 9 school census 9 1 signed by director and clerk 11 3 tax levy for interest and sinking fund 13 10 union or graded school district. 132 367 Books of reference not excluded by State School Book Commis- sion 219 647 Boundaries, school district: changed by county superintendent 95 251 description furnished to county clerk. 97 256 map furnished to assessors 97 257 reestablished in case of error 98 259 reestablished, records lost or destroyed 97 258 Branches taught in district schools 117 314 Buildings : boards of education may open 50 118 bonds for buildings, cities first class 59 151 cities second class 73 197 school districts 9 1 county high schools 141 400 estimate of cost, cities first class 59 151 limitation of cost, cities second class 74 203 tax levy for buildings, cities first class 56 137 tax levy for buildings, certain cities second class 74 203 Business colleges 26 notes or contracts void, when 27 47 penalty for canvassing without permit 26 46 permit to canvass 26 43 permit shown by agent 26 45 revocation of permit 26 44 Census, annual school: items recorded 81 214 oath of parent 81 214 Sec INDEX. 241 rtificates, teachers': Pg. Sec. cancellation 36 77 42 97 common school certificates issued by State Normal School, 33 63 county certificates 36 applicants from other counties 37 81 elementary schools 39 89 examinations 37 80 first grade 40 92 renewal 40 92 grades of county certificates 39 89 high-school credits for second and first grade 41 93 exemption 42 94 indorsement of first- and second-grade certificates in other counties 39 89 issued by county board of examiners 37 80 issued only on examination 42 96 record of candidates by county superintendent 88 240 renewal of first grade 40 92 42 94 revocation 42 97 second grade 40 91 temporary 42 95 third grade 39 90 valid in elementary schools in county where issued. . . 39 89 industrial training 168 490 issued by other states 35 71 life certificates 29 .50 life diplomas 29 51 normal institutes 190 554 conductors 190 554 instructors 190 554 normal training certificates " 30 53 examination 30 53 expenses 30 53 fee paid by applicant 30 53 fee paid by high school 30 53 graduates from normal training high schools 30 53 renewal 30 53 term, two years 30 53 registration : by county superintendent or clerk of board 35 72 by state superintendent 34 70 state certificates: cancellation 36 77 certificates issued in other states 35 71 countersigned by state superintendent 28 48 diploma of State Normal School 63 elementary schools 28 49 30 54 examination 28 49 29 50 graduates of accredited institutions 32 59 life certificate 32 59 three-year certificate high-school teachers high schools lapsed life certificates 29 50 no revival by statute renewal 36 76 16 Sch. Laws. 242 INDEX. Certificates, teachers' continued. Pff. Sec. life certificates by renewal of three-year 29 50 life diplomas 29 51 registration by county superintendent or clerk 35 72 registration by state superintendent 34 70 renewal : lapsed certificates 36 76 special certificates 29 52 three-year certificates 28 49 29 50 30 54 revocation 42 97 signed by state superintendent 34 70 special certificates 29 52 agriculture 29 52 commercial branches 29 52 domestic art 29 52 domestic science 29 52 drawing 29 52 kindergarten 29 52 manual training 29 52 music 29 52 physical training 29 52 State Board of Education may issue 28 48 213 637 temporary certificates 31 56 three-year elementary 30 54 three-year renewable for life 29 50 three-year renewable for three-year periods 28 49 valid, where 28 48 void, when 36 76 State Normal School certificates: certificates issued before September 1, 1916 34 68 common-school certificate 33 63 diploma 34 67 diploma a legal certificate 33 63 life certificate 34 66 one-year certificate 33 64 registration 35 72 special certificates 34 69 three-year certificates 34 65 Challenge, voter at district meeting 107 290 Chancellor State University, member State Board of Education, 213 636 Change of site 114 307 Charts: purchase without approval, penalty 225 658 sale without approval, penalty 224 656 Child labor: children under fourteen 44 99 children under sixteen 44 100 hours of employment 44 101 public notice 44 103 penalty 46 110 work permits: blanks furnished 46 106 issued, when 45 104 kept on file 44 102 returned 46 107 revoked 46 108 verified 45 105 INDEX. 243 dren : arrested children under sixteen years of age jurisdiction of juvenile court attendance at school compulsory children in asylums to be educated detention home for homeless delinquent children care care to be parental committed to care of probation officer custody custody revoked dependent or neglected children adoption care custody custody revoked jurisdiction of juvenile court employment children under fourteen children under sixteen penalty exclusion of children under seven years, cities second class, incapacitated, exempt from school attendance Cigarettes, unlawful to sell or give away . 3ities Cities of the first and second class Cities of the first class adjacent territory attached annual report, board of education board of education limitations in certain cities bonds bonds for outstanding warrants city composes school district definition, city first class dental inspection, cities of 40,000 certificate ^f inspection employment of dentists regulations election, board of education eminent domain, right of examining committee expenditures, board of education ; contracts fire marshal shall inspect school buildings free textbooks provided if authorized by vote high-school extension high-school teachers investment of sinking fund limit tax levy board of education minimum term of eight months money levied to pay coupons night schools nomination and election, board of education penalty for refusal to levy tax for payment of coupons playgrounds, purchase or lease property appraised and condemned for school purposes... registration of certificates religious doctrine right of eminent domain sale of property Pff. See. 176 506 176 506 77 209 81 217 179 517 172 498 175 504 177 510 175 504 174 501 175 505 172 497 174 503 174 502 178 513 175 505 181 524 44 44 99 99 44 100 46 110 65 169 77 209 226 660 47 47 54 54 129 58 144 47 111 185 539 59 151 64 164 58 140 54 128 59 148 59 150 59 149 59 149 48 113 50 119 49 117 59 145 134 380 220 649 164 475 31 55 61 155 57 138 109 294 64 163 188 548 48 113 63 162 53 126 50 120 35 72 59 146 50 119 58 142 244 INDEX. Cities of the first class continued. PO- Bee. school buildings may be opened for certain uses 50 118 school fund depositories 52 125 school property exempt from taxation 59 147 school property held by board of education 58 141 sectarian doctrine 59 146 separate district or truancy act 79 211 separate schools for white and colored children 55 130 superintendent of schools 49 116 taxation : annual levy for support of schools 56 137 interest coupons, refunding bonds 63 161 interest and sinking fund 61 154 limitations 57 138 limitations in certain cities 185 539 playgrounds 54 127 (See, also, Taxation, cities first class.) taxes subject to order of board of education 58 139 teachers' retirement fund 196 571 territory annexed, indebtedness 116 311 title to condemned land, appeal 52 122 treasurer board of education 56 134 truant officer 79 211 vacancy in board of education 47 112 vacancy in examining committee 56 136 vacancy, officers and employees of board of education 48 114 (See, also, Board of education, cities first class.) Cities of the first, second and third class 50 Cities of the second class 65 additional school grounds 75 205 adjacent territory may be attached 66 170 annual report board of education 71 191^ appeal, title to condemned land 52 122 board of education .' . ". 47 111 (See, also, Board of education, cities second class.) bonds 72 194 bonds, limit in certain cities 73 195 contract required, when 71 192 conveyance of property to board of education 68 177 execution of conveyance 68 178 definition, cities second class 65 168 election board of education 48 113 elections, expense paid by board of education 67 172 eminent domain, right of 50 119 examining committee 49 117 execution of conveyance of property 68 178 expenditures 71 192 fire protection 134 380 free common schools 65 169 free textbooks provided if authorized by vote 220 649 high-school extension 164 475 high-school teachers 31 55 indebtedness of territory annexed 116 311 investment of sinking fund 74 199 length of school term 65 169 minimum term eight months 109 294 night schools 188 548 nomination and election, board of education 48 113 payment for buildings by time warrants or bonds 74 203 public schools a body corporate 68 176 INDEX. 245 C ties of the second class continued. Py See. property appraised when condemned for school purposes. . 50 120 property condemned 50 120 property of territory annexed 116 311 registration of state certificates 35 72 right of eminent domain 50 119 school age 65 169 school buildings opened for certain use 50 118 school elections, expenses 67 172 school fund depositories 52 125 sectarian doctrine 72 193 separate district for truancy act 79 211 superintendent of schools 49 116 taxation 70 185 annual school tax 70 185 I buildings, certain cities 74 203 interest and sinking fund 73 198 interest and sinking fund, outstanding warrants limitation 70 186 limitation 'in certain cities 185 539 limitation, certain cities 71 187 to pay indebtedness 70 186 whole city taxed 71 188 territory attached, vote of residents 66 171 territory detached by county superintendent 67 174 territory in school district remains attached, city changed from third to second class 67 173 treasurer of board of education 69 183 truant officer 78 210 Cities of the third class 75 change to second class 67 173 denned 75 207 eminent domain, right of 50 119 no portion detached from school district 76 208 one school district 76 208 property appraised and condemned 50 120 school-fund depositories 52 125 schools governed as district schools 75 207 tax levy limited 108 292 territory in school district remains attached, city changed from third to second class 67 173 title to condemned land, appeal 52 122 Cities under special law receive public-school fund 132 370 City attorneys, assist probation officers 177 508 Clerk, board of education, cities of first class: bond 55 131 certify number of members of board to be elected 48 113 duties 49 115 election, oath 55 131 register bonds 62 158 registration of state certificates 35 73 report certificates registered 36 75 school books, requisition for 220 649 school books, sale to patrons 220 . 649 sign refunding bonds 63 160 Clerk, board of education, cities second class : bond 69 182 certify number of members of board to be elected 48 113 compensation 67 175 duties . 49 115 246 INDEX. Clerk, board of education, cities second class continued. Pff- election 67 175 may be member of board 67 175 register bonds 74 202 register state certificates 35 73 school books, requisition for 220 649 school books, sale to patrons 220 649 term 67 175 Clerk, board of education, city, town or village under special law, report to county superintendent 132 370 Clerk, rural high school district, certify tax levy 160 463 Colleges : accredited by State Board of Education 31 57 examined by State Board of Education 32 58 graduates may receive state certificates 32 61 Collegiate department of state school system 5 Colored children, separate schools, cities first class 55 130 Commercial branches : special normal school certificates 34 69 special state certificates 29 52 Commissioners, state school fund. (See School-fund commis- sioners.) Common-school diploma: average grade required 118 316 credit on school work 118 316 examinations 118 317 dates 118 317 expense paid by county 118 317 grade required 118 316 grades of 80 per cent carried two years 118 316 places 118 317 questions prepared by State Board of Education 118 318 subjects 118 316 uniform examinations throughout the state 118 319 granted on completion of course of study 118 315 rural and graded schools 118 315 Common-school fund: fines, penalties, etc 87 236 religious sect shall not control 6 money unclaimed 87 235 Common schdols: course of study prepared by state board of education 213 637 fines applied for support. (See, also, Districts.) Compensation : assistant county superintendent board of county examiners 36 79 clerk board of education, cities second class 67 175 county superintendent 92 244 members State Board of Education 21S members State School Book Commission 2 parents for conveying pupils 113 84 222 probation officers 172 498 secretary State Board of Education 214 secretary State School Book Commission 217 state superintendent public instruction 21C treasurer board of education, cities first class 56 134 truant officers 80 215 trustees, county high schools 145 414 Compulsory education 77 *,. INDEX. 247 Pg. See. ( >mpulsory school attendance 77 209 age eight to fifteen years 77 209 annual school census 81 214 children in asylum 81 217 children incapacitated 77 209 deaf, dumb and blind 81 215 employment unlawful 78 210 exemption 77 209 graduates from common schools exempt 77 209 incorrigible pupils 79 211 juvenile court has jurisdiction 78 210 parents responsible 79 211 penalty 81 216 ^^^ temporary absence in emergency 78 210 teachers to report 80 213 truant officers 78 210 appointment 78 210 compensation 80 212 complaint 78 210 duties 78 210 notice to parents 78 210 report to parents ". 79 211 Condemning property for school purposes : cities 50 120 cost of proceedings 52 123 land on which schoolhouse has been built 127 353 rural high schools 161 465 school districts 115 309 Consolidation of school districts 83 218 annual meeting 106 286 county superintendents may combine districts 83 218 county superintendent to be notified 85 224 duties and powers of board 85 228 name of union district 85 227 powers of district meetings and district board 85 223 procedure 83 219 property of district 85 226 record of boundary 85 225 transportation of pupils 84 221 222 union with district containing graded school 84 220 Constitution, educational provisions 5 Contagious diseases 119 324 duty of parent and guardian 119 324 pupil infected excluded from school 119 323 Contracts : Annulling contracts by teachers 42 97 cities first class, when required 59 145 cities second class, when required 71 192 district board with relatives, void 128 officers prohibited from taking contract 133 375 School Text-book Commission 216 642 teachers', when districts are combined 83 218 teachers', to be in writing 127 355 Conveyances of property, cities second class to board of educa- Rtion 68 177 Conveyances executed 68 178 Conveyance of pupils : compensation to parents 113 304 consolidated districts 84 221 248 INDEX. Conveyance of pupils continued. Pg. Sec. expense of sending pupils to other districts 113 305 provided by district board 113 305 school discontinued, certain districts 112 303 County aid to high schools, population less than 10,000 147 425 counties exempt 149 436 county commissioners may provide 147 425 county superintendent, duty of 149 435 county treasurer, duty of 148 432 course of study 147 426 entrance certificate 147 427 free tuition 147 427 petition 149 434 report of principal 148 433 tax levy by county commissioners 149 434 tax levy, limitation 148 430 use of funds 148 431 County aid to school districts 109 295 County attorney: assist probation officers 177 508 investigate claims on estates of deceased persons without heirs 205 601 prosecute complaints, compulsory school attendance law. . 78 210 County board of examiners : appointment 36 79 compensation 36 79 examinations for common-school diplomas 118 317 examinations for county teachers' certificates 37 80 examinations for high-school credits. 41 93 examinations for normal training certificates 30 53 qualifications 36 79 term 36 79 County certificates. (See Certificates, county.) County clerk: cancel registry of bonds and coupons paid 14 13 certify valuation of school districts 88 240 notify county commissioners of vacancy in office of county superintendent 94 247 place school district levy on tax roll 130 362 reduce excessive tax levy 185 540 register school district bonds 12 report school money to county superintendent 86 230 County commissioners: appeal to: adjustment of school property 117 313 formation or alteration of school districts 96 253 appointments : appraisers, when schoolhouse site changed 114 308 board of examiners 36 79 board of trustees county high school 139 390 truant officers 78 210 appropriation for normal institute 190 approve attachment of disorganized district '. 100 267 approve changes in district boundaries 95 251 call election on establishing county high school 138 389 employ teachers county high schools, population under 6000 146 418 establish high school at county seat 145 415 levy tax: aid to high schools, counties of less than 10,000 149 435 < ounty commissioners continued. Pg. Sec. aid to school districts 110 296 P Barnes high schools 153 446 detention home 180 520 high schools in certain districts 149 434 indebtedness of Barnes high schools 152 443 indebtedness of depopulated district 98 260 indebtedness of disorganized districts 102 274 school districts 130 362 make provision for aid to high schools 147 425 notice and report on condemnation of land in cities 51 121 provide payment of indebtedness disorganized district. . . . 100 268 bounty examinations. (See Examinations, county.) 36 79 bounty high schools. (See High schools, county.) 138 bounty school fund 86 apportionment 90 242 collected and paid over by county treasurer 86 229 fines, penalties and forfeitures 87 236 paid to proper officers 87 232 penalty, county treasurer 87 234 proceeds of fines and estrays reported by justice of peace, 86 231 report by county clerk to county superintendent 86 230 unclaimed money 87 235 County superintendent of public instruction 88 administer oaths 94 249 agent of State Orphans' Home 102 278 annex districts without school 101 273 annex district to district with graded school 84 220 annual report to state superintendent 91 243 appeal in formation or alternation of school districts 96 253 appeal in joint-district boundaries 105 284 appeal to, by suspended pupil 129 360 appoint member of district board, office forfeited 121 328 appoint time and place for first district meeting 96 254 appoint to fill vacancies in district board 94 246 apportion school fund 90 242 approve boundaries of rural high-school districts 158 459 attach territory of disorganized district 100 267 bond 88 239 boundaries: district 97 256 joint district 105 283 certify amount due districts from state and county 110 297 certify amount due school districts from county 110 296 certify assessed valuation of property to district clerk. ... 88 240 certify attendance in Barnes high schools 154 448 certify money necessary to aid high schools, counties of less than 10,000 149 435 certify number of teachers in Barnes high schools 153 446 chairman, board of county examiners 36 79 change district boundaries 95 251 clerk hire 92 244 combine district 83 218 compensation 92 compensation as agent of State Orphans' Home 102 278 compensation prescribed by law 5 convention of district boards 90 241 designate time and place for meeting, consolidated district, detach territory, city second class 67 174 determine value of property, new district disorganize depopulated district 99 262 250 [NDEX. County superintendent of public instruction continued. Pa- Sec. disorganize partially depopulated district 99 264 disorganize partially depopulated districts on petition 99 266 disorganize partially depopulated district without petition, when 99 266 disposal of property disorganized district 101 271 district boundaries 97 256 97 257 97 258 98 259 distribute funds disorganized district 100 270 divide county into school districts 95 251 divide territory of districts annexed to other districts ..... 101 273 duties, general 88 240 elected in each county 5 employ deputy, when 102 276 employ teacher, failure of school district Ill 299 estate of deceased person without heir 204 596 examine clerk's report 88 240 find estimated expenditures and income districts receiving state aid 110 298 form districts within Indian reservation 95 252 form truant districts 78 210 formation of joint districts 104 282 furnish description of district boundaries to county clerk. . 97 256 furnish information on indebtedness depopulated districts, 98 260 furnish map of school districts 97 257 inspect work of county normal institutes 88 240 issue temporary certificates 42 95 joint-district boundaries 105 283 joint districts, formation 104 282 jurisdiction over joint districts 105 284 keep list of district officers 95 251 keep office open : 88 240 levy tax and employ teacher on failure of district Ill 299 levy tax to pay indebtedness, part of district annexed to city 116 312 levy tax, Barnes high schools, when 153 446 make provision for aid to high schools 147 425 member board of trustees county high school 139 390 name places for diploma examinations 118 317 neglect or refusal to perform duty 102 277 nominate truant officers 78 210 notice, estate of deceased person without heir 205 599 notice, formation of school district 96 254 notice, special district meeting, no annual meeting held .... 106 287 notice special meeting, new district 96 254 notify truant officers 80 213 normal institute held by county superintendent . . , 190 553 appointment conductor and instructors 190 554 disbursement of funds 191 559 fees collected 190 555 fees transmitted to county treasurer 191 557 meeting, time and place determined 190 554 union institutes 191 560 number school districts 95 251 oath 88 239 payment of school orders depopulated district 98 261 penalty : failure to provide for seven months' school Ill 299 failure to visit schools 92 244 receiving bonus 133 374 INDEX. 251 ( ounty superintendent of public instruction continued. Pf- See. power to administer oaths 94 249 president board of trustees county high school 140 392 price lists of school books 222 651 provide for sending pupils to other districts 83 218 public meetings 88 240 purchase school district record books 94 250 qualifications 88 237 record of attachment of territory to rural high-school dis- trict 162 467 reestablish boundary lines, record lost 97 258 reestablish boundary lines, error 98 259 records 88 240 record of boundary, union district 85 225 register of teachers 88 240 register state certificates and normal school diplomas 35 73 report certificates registered to state superintendent 36 75 report population of depopulated district 99 263 report to state superintendent quarterly 88 240 send pupils to other districts 83 218 supervise high schools with county aid 148 428 teachers' associations 88 240 term of office 88 238 territory annexed to cities of first or second class 116 312 traveling expenses 92 244 trespassers on school land 103 279 vacancy in office filled by county commissioners 94 247 visit each school in county 88 240 visit indentured pupils of reform school 170 493 bounty treasurer: apply to state treasurer for money apportioned to county. . 209 619 apportion Barnes high-school fund 154 448 collect school district tax and pay to district treasurers. . . 130 362 collect and pay over county school fund 86 229 compensation not allowed, county or stace school funds. ... 87 233 credit interest on sinking fund 13 11 custodian normal institute fund 191 556 financial statement to district clerks 123 334 joint district funds 106 285 levy tax for refunding bonds 20 30 pay Barnes high-school funds to district treasurers 157 457 153 445 pay county fund to district treasurer 86 229 pay county high-school tax to treasurer county high school, 141 398 pay district treasurers high-school funds, counties less than 10,000 148 432 pay orders, depopulated districts pay orders, disorganized districts 100 269 pay school money to district treasurers 125 pay state school money to district treasurers 209 620 penalty : failure to levy tax for refunding bonds failure to pay over county school fund failure to pay over school money 87 234 violation Barnes high-school act 157 receive school money for state treasurer 20i remit to state treasurer money to pay bonds and coupons. . report bonds and coupons canceled time for payment to district treasurers 123 Mb 252 INDEX. Course of study: Pg. Barnes high schools 156 452 college and university, approved by State Board of Educa- tion 31 57 common schools 213 637 county high schools 143 408 district schools: branches taught 117 314 effects of alcoholic stimulants 43 98 high schools: Barnes high schools 156 452 county 143 408 counties with less than 6000 population 146 416 rural high schools 1 62 40R with county aid 147 4'.'~ industrial training 168 490 night schools . . . . 188 55 j normal institutes 213 637 public schools 213 637 Courses of study prescribed by State Board of Education 213 637 Custodian dependent, neglected, delinquent child 173 500 Custody of dependent or neglected children 178 513 Deaf children sent to special school 81 215 Degree conferred by State Normal School 34 67 Delinquent children 172 497 Dental inspection, cities of 40,000 59 148 Dependent children 172 497 Depopulated district 98 260 county treasurer shall pay orders 98 261 definition 99 263 disorganized by county superintendent 99 262 Deputy employed by county superintendent 102 276 Detention home: government 179 518 homeless children 179 517 record of inmates 180 519 tax for support and maintenance 180 520 Diplomas : common school. (See Common school diploma.) 117 315 state life diploma 29 51 State Normal School diploma 34 67 Director of school district 121 329 duties 121 329 election 120 326 sign orders on county treasurer ,. . . . 125 345 sign orders on district treasurer ". . . . 125 344 suspend pupils 129 360 term 120 326 Discontinuation of school : certain districts ; . . . 112 303 expense of sending pupils to other districts 113 305 provision made by annual meeting 113 305 pupils sent to adjacent district 112 303 state fund not forfeited 113 305 Disorganized districts : bonds 25 42 depopulated district disorganized by county superintendent, 99 262 distribution of funds 100 270 disposal of property 101 271 floating indebtedness 100 268 INDEX. isorganized districts continued. Pa- See. orders paid by county treasurer 100 269 partially depopulated district 99 264 territory attached to adjoining district 99 262 territory attached not liable for debt of district 101 272 1 istrict boards: admit scholars from adjoining district 127 354 adopt regulations for use of schoolhouse 126 351 appendages for schoolhouse 129 359 appoint librarian 186 544 assess tuition fee 119 325 build, hire or purchase schoolhouse 126 349 call special meetings 106 286 care of schoolhouse and property 126 350 condemn site for schoolhouse 115 309 consists of director, clerk and treasurer 120 326 contract with teachers 127 355 convention of district boards 90 241 determine branches to be taught .- 117 314 director, duties 121 329 discontinue school 113 305 dismiss teachers for cause with advice of county superin- tendent 127 355 duties and powers, union district 85 228 election 120 326 employment of relatives prohibited 128 356 establish graded schools 132 371 establish kindergartens 183 535 establish night schools 188 548 examine incapacitated children 77 209 execute lawful orders of district 126 349 expel members of high-school fraternities 164 474 fire protection 134 380 furnish teacher with register 129 361 high-school teachers 31 55 industrial training 168 489 levy tax for payment of judgment 130 363 library, purchase of books 186 543 library, rules and regulations 186 544 list of members kept by county superintendent 95 251 manage graded school 132 371 matters not determined by district meeting 109 293 oath of office 121 327 open schoolhouse for certain uses 126 351 penalty, failure to provide for fire protection 135 384 penalty, refusing admission to schools 119 322 powers of board 126 349 powers of board, consolidated district 85 223 provide water-closets 127 352 pupils sent to other districts 112 303 purchase or lease site 126 349 qualifications of mernbers 108 291 revolving fund for purchase of textbooks 220 650 school books sold to patrons 220 650 school duties 129 361 sell property of district 126 349 send pupils to other districts 112 303 special meetings called 106 286 suspension of pupils 129 360 term of office 120 326 254 INDEX. District boards continued. Pg. Sec. text-books, purchase 220 649 transportation of pupils 113 304 vacancy filled by county superintendent 94 246 visit schools 129 361 District clerk : annual report 122 333 certify tax to county commissioners 130 362 clerk of board and district meetings 122 321 consolidated district 85 224 deliver records to successor; penalty 124 342 draw orders on treasurer 122 332 duties 121 330 joint district, report 123 336 librarian, school library 186 544 notice of annual or special meeting 107 288 penalty for failure to report to county clerk tax voted. . . . 124 339 penalty for false report 123 337 report indebtedness to county clerk 124 341 report list of taxpayers to county clerk 123 338 report to county superintendent 124 340 sell school books to patrons 220 649 union or graded school district, duties 132 368 District officers. (See District boards.) ' 120 District schools 117 District treasurer: bond 124 343 deliver warrant register to successor 230 677 destroy canceled bonds and coupons. 14 13 duties 125 344 election 120 326 indorse warrants "Presented and not paid for want of funds" 230 675 penalty, failure to pay over money to successor 126 348 receive school money from county treasurer 125 345 records 125 347 redemption of indorsed warrants 230 676 register warrants indorsed 230 675 report 125 347 treasurer of union or graded school district 1 Districts, school 104 annexed to adjoining district 101 annexed to city, first or second class 116 311 annual meeting: discontinue school 1 elect members of district board 120 order children sent to more convenient district 114 306 powers 108 291 provide for sending children to other districts 113 special meeting, no annual meeting held 106 287 time for holding annual meeting 106 286 annual report of clerk 122 appendages provided J apportionment of property when part annexed to city 116 appraisement of schoolhouse for change of site 114 appropriation for state aid Ill body corporate 1 boundaries changed by county superintendent 95 251 boundaries furnished by county superintendent to county clerk 97 256 INDEX. 255 I istricts, School continued. Pg. Sec. branches taught 117 314 challenge of voter at district meeting 107 290 change of schoolhouse site 114 307 children sent to more convenient district 114 306 cities of third class governed as districts 75 207 cities of third class, no part detached 76 208 clerk, duties 121 330 clerk to be clerk of board and district meetings 122 331 clerk to draw orders on treasurer 122 332 combination of districts by county superintendent 83 218 consolidation. (See, also, Consolidation of school districts), 83 219 contract with teachers 127 355 conveyance of pupils : compensation to parents 113 304 expense of sending pupils to other districts 113 305 provided by district board 113 304 school discontinued, certain districts 112 303 county aid 109 295 depopulated districts disorganized 99 262 depopulated, when 99 263 director, duties 121 329 disorganized, attached to adjacent district 100 267 consolidation. (See, also, Consolidation of school districts.), 83 219 employment of relatives of district officers as teachers pro- hibited 128 356 establish graded schools 132 371 failure of clerk to report county clerk tax voted 124 339 failure of treasurer to pay over money 126 348 formation of districts by county superintendent 95 251 formation of district within Indian reservation 95 252 free textbooks if authorized by vote 220 649 graded school district, how formed 131 364 increase tax levy at annual meeting 184 538 indebtedness 100 268 indebtedness when annexed to city of first or second class, 116 311 joint district. (See, also, Joint district.) 104 282 library, rules and regulations 126 350 meetings : annual. (See, also, Districts, annual meeting.) 106 286 challenge of voter 107 290 notice 107 288 notice of first meeting 96 254 powers 108 291 powers, consolidated district 85 223 qualifications of voters 107 289 special meetings. (See, also, Districts, special meet- ings.) 106 286 minimum term, seven months 109 294 name 104 281 notice of annual or special meetings 107 288 no school maintained, when 112 303 notice of formation 96 254 numbered by county superintendent 95 251 oath of officers 121 327 office, forfeited, when 121 328 officers 120 326 officers, consolidated district 83 219 organized, when 104 280 partially depopulated district defined 99 265 partially depopulated district disorganized 99 264 256 INDEX. Districts, School continued. Pg. Sec. partially depopulated district, petition to disorganize 99 266 penalty for false report of clerk. . . 123 337 powers of board 126 349 powers of district meeting 108 291 pupils sent to other districts 113 305 qualifications of voters 107 289 records and reports of treasurer 125 347 records delivered by clerk and treasurer to successors; penalty : 124 342 report of clerk, joint districts 123 336 report of clerk to county clerk 123 338 report of clerk to county superintendent 124 340 report of indebtedness by clerk to county clerk 124 341 restrictions on changing districts 95 251 restrictions on formation Ill 300 scholars admitted from adjoining districts 127 354 school duties of board 129 361 schoolhouse opened for certain uses 126 351 schoolhouses removed from claim of settler 127 353 school month 119 320 schools free to all between ages of five and twenty-one 119 321 site for schoolhouse condemned 115 309 special meetings : called by county superintendent 106 287 called by district board 106 286 called by petition 106 286 discontinue school 113 305 new district 96 254 no annual meeting held 106 287 notice of special meeting 106 286 provide for sending children to other districts 113 305 state aid, appropriation Ill 301 state and county aid 109 295 state and county fund 90 suspension of pupil 129 360 taxation : annual tax for general school purposes 108 291 limitation of levy 108 292 floating indebtedness 108 increasing the levy 184 538 interest and sinking fund, bonds 13 interest and sinking fund, refunding bonds 20 29 industrial training 167 488 library 186 542 limitation of tax levy 1 payment of judgment 130 363 tax voted and not levied or collected 125 346 (See, also, Taxation, school districts.) teachers' records and reports 128 358 territory attached to city second class detached by county superintendent 67 174 territory of district remains attached to city changed from third to second class 67 173 transportation of pupils 1 treasurer, duties 125 union or graded school districts ] voters may determine length of term 109 293 water-closets 127 352 Domestic art, special state certificates 29 INDEX. 257 Domestic science: Pg. See. special normal school certificates 34 69 special state certificates 29 62 state aid in normal-training high schools 194 566 )rawing: special normal-school certificates 34 69 special state certificates 29 52 )umb children sent to special school 81 215 Educational provisions: act of admission 7 organic act 5 state constitution 5 Elections: Barnes high-school law, adoption of 156 455 board of education, cities first and second class 47 111 48 113 commission-governed cities 48 113 bonds: cities of first class 59 151 cities of second class 72 194 county high school 146 421 rural high-school district . . 161 465 school district 9 1 county high schools, transfer from special act to general law . 149 437 district officers, annual meeting 120 326 district officers, new district 96 254 establishment of county high school 138 389 counties of less than 6000 population 146 420 expense of school elections, cities of the second class. . 67 172 free textbooks 220 649 rural high-school district : canvass of vote 160 462 establishing rural high school 158 459 separate election in town or city 159 461 tax for buildings, county high schools established by special act 150 438 tax for buildings, cities of the second class 74 203 tax levy, increase 184 538 territory attached to cities of the second class 66 170 place and manner of voting 66 171 treasurer board of education, cities of the second class, 69 183 trustees county high school 139 391 Eminent domain: board of education in cities 50 119 county high schools 52 124 school districts 115 309 Employment of children under fourteen 44 99 Employment of children under sixteen 44 100 Estate of deceased person without heir 204 596 attorney-general, duty 206 604 may not act as private attorney 205 603 county attorney, duty 205 601 may not act as private attorney. . . . : 205 603 county superintendent, duty 204 596 notice given by 205 599 estate sold for benefit of common schools 204 598 expense of inquiry 205 602 probate judge, duty 204 597 notice given by 205 600 state superintendent to give notice 205 599 17 Sch. Laws. 258 INDEX. Examinations : PS- See. common-school diploma .................. ............. 118 317 county teachers : applicants may write in other counties .............. 37 81 board of examiners ............................... 36 79 branches : first-grade certificates ........................ 40 92 second-grade certificates ...................... 40 91 third-grade certificates ........................ 39 90 examination in physiology and hygiene .............. 43 98 examinations, public .............................. 37 80 fee for special ................................... 38 83 grades required: first-grade certificates ......................... 40 92 second-grade certificates ....................... 40 91 third-grade certificates ........................ 39 90 high-school credits ................................ 41 93 papers received from other counties ................. 37 81 places designated by county superintendent .......... 37 80 questions : officials may have possession .................. 39 88 opened by examining board .................... 38 85 prepared by State Board of Education .......... 38 84 unlawful use ................................ 39 87 special examinations ...................... . ...... 38 82 state institutions, examinations held ................ 37 81 time of holding ............... , .................. 37 80 unlawful use of questions .............. ' ............ 38 86 (See, also, Certificate, county.) state certificates ..... : ............................ ... 28 48 Examining committee: cities first and second class ............................ 49 common-school diploma ............................... 118 317 county ............................................... 36 79 vacancy, city first class ............................... 56 136 Expenditures : board of education cities first class, limit without contract, 59 145 board of education cities second class, contract required, w hen .............................................. 71 192 children sent to other schools .......................... lie districts receiving state aid ........................... 110 Expenses, children sent to more convenient school ............ 114 306 examination for county teacher's certificate ..... ........ 38 examination for high-school credits .................... 41 examination in other counties ......................... 37 high schools approved for normal training .............. indorsement of county certificates ...................... normal institutes ....... ...... ...... .................... 19C normal training teachers' examination ................. registration of state certificates ........................ registration of state normal-school diplomas ............. 35 72 renewal of first-grade certificates ...................... special examinations . * ................................ 38 83 Females, no distinction between rights of males and females in school ............................................... | Fines ................................................. j-3o collected,' how . ... . ................................... 133 373 common school fund .................................. Jfj judgments against school districts .............. . ...... J justice of the peace ................................... 86 231 (See, also, Penalties.) INDEX. 259 ?ines and penalties. (See Penalties.) Pg. Sc. Fire protection doors of schoolhouse 134 375 duty of boards of education 134 330 duty of state fire marshal 135 334 exits from upper floors 134 377 fire drills 135 381 fire-escapes 134 377 furnaces 134 373 inspection 134 330 instruction 135 334 penalty 135 332 plans for buildings submitted to state architect 134 379 time for compliance with law 134 383 First-grade certificates 40 92 (See, also, Certificates, county.) Flag: display in public schools 195 567 flag day, observance 195 569 rules and regulations for display 195 568 Forfeiture of office: county superintendent 102 277 111 299 district board , 121 328 Forfeiture paid into common school fund 87 236 Forming and changing school districts 95 251 Fraternities. (See High-school fraternities.) Free district schools 119 321 Free schools, cities second class 65 169 Free textbooks 220 649 Funding bonds. (See Bonds, refunding.) Funds: common school 87 236 county school 86 229 normal institute: appropriation, county 190 555 appropriation, state 191 558 county superintendent to transmit fees 191 557 custodian 191 556 disbursements 191 559 fees 190 555 candidates for certificates 190 555 38 83 examination at state institutions 37 81 examination in other counties 37 81 examination for high-school credits 41 93 examination for normal-training certificates 30 53 indorsement of certificates 190 555 registration fee 190 555 registration of certificates 190 555 renewal of certificates 40 92 union institutes 191 660 state school fund: cities regulated by special law receive 132 370 collection 203 591 commissioners 199 580 custodian 202 589 disbursement of income 6 investment 200 584 record 201 586 unclaimed estates 204 596 260 INDEX. Globes : Pg. Sec. purchase without approval 225 658 sale without approval 224 656 Governor : appointments : State Board of Education 213 636 State School Book Commission 216 642 proclamation, cities of second class 65 168 select land for State University fund 7 Graded schools: accredited by State Board of Education 214 639 cities of second class 68 179 consolidation with district having graded schools 84 220 defined 84 220 graded-school district, how formed 131 364 single district may establish 132 371 state supervisors 215 641 (See, also, Union or graded-school district.) Grades of county certificates 39 89 Grades retained in county examinations 40 92 Graduates : Barnes high schools: college preparatory course 156 452 general course 156 452 common schools: admitted to high school 117 315 diploma 117 315 normal-training high schools 30 53 State Agricultural College 32 60 State Normal School 34 67 State University 32 60 three-year state certificates 32 61 Guardians : penalty for violation of compulsory-attendance act 78 210 required to send children to school 77 209 High-school credits, second- and first-grade county certificates, 41 93 exemption 42 94 High-school fraternities : membership unlawful 164 473 penalty for membership 164 474 High-school tuition: payment in certain counties 137 385 certificate of attendance 138 387 tax levy for payment 137 386 High schools: accredited by State Board of Education 214 639 admission by common-school diploma 117 315 admission of nonresidents 137 385 approved for admission to accredited colleges 32 61 certificates of high-school teachers 31 55 graduates from accredited high schools admitted to state institutions 214 640 state supervisors of high schools 215 641 High schools, Barnes law: act in effect in certain counties 157 456 act, when in force 156 455' apportionment of funds 154 448 certain cities and counties exempt 156 454 county commissioners levy tax 151 439 county superintendent, duty 153 446 INDEX. 261 High schools, Barnes law continued. fff- See. county treasurer to pay and distribute money 157 457 course of study 156 452 course of study must prepare graduates for State Uni- versity 151 439 election on adoption of Barnes act 156 455 high-school fund 151 439 penalty, violation by county treasurer 157 458 principal shall make report 155 451 standard 151 439 tax levy: amount to be raised 153 446 amount apportioned to each district 153 447 apportionment after second semiannual payment 154 448 buildings * 151 439 joint districts 154 449 limited to five-tenths mill 151 440 limited to nine-tenths mill; exception 151 441 payments made 153 447 tax levied by county commissioners 151 439 tax levy made when 153 444 taxes collected and paid to district treasurer 153 445 to pay indebtedness 152 443 tuition free in county 156 453 tuition paid in an adjoining county 156 453 High schools, cities of the first class 55 High schools, cities of the second class 68 179 High schools, county, population over 2000 138 388 admission 144 409 board of trustees appointed 139 390 bonds 142 401 buildings 141 400 county may establish 138 388 courses of instruction 143 408 collegiate 143 408 general 143 408 normal 143 408 election on establishment 138 389 election of trustees 139 391 extension of course 164 475 officers board of trustees 140 392 officers, duties of 141 399 principal and teachers, employment 143 407 report of trustees 144 right of eminent domain 52 rules and regulations 144 411 secretary board of trustees: appointment 140 392 duties 141 399 site 141 400 tax levy: annual estimate and levy 1 certified and collected 141 limited to five-tenths mill 1 limited to nine-tenths mill, certain counties 140 limited to three mills in certain counties 140 39| teachers, employment 143 407 treasurer, board of trustees : appointment j duties 14 1 262 INDEX. High schools, county, population over 2000 continued. trustees : Pg. Sec. compensation 145 414 election 139 391 report 144 412 term 139 391 vacancies 145 413 tuition free in county 144 409 tuition, pupils from other counties 144 410 vacancy, board of trustees 145 413 High schools, county, less than 6000 : bonds : authorized 146 421 election 146 422 limitation 147 423 unlawful use of proceeds 147 424 course of study 146 416 election on establishment 145 415 established by county commissioners at county seat 145 415 established only on petition or election 146 420 free to pupils in county 146 419 graduates admitted to state institutions 146 417 teachers employed by county commissioners 146 418 High schools, county, population less than 10,000 : admission 147 427 aid provided by county superintendent and commissioners, 147 425 collection and use of funds 148 431 counties exempt 149 436 county superintendent to certify amount money necessary, 149 435 county treasurer, duty of 148 432 course of study 147 426 entrance certificate 147 427 free to residents 147 427 petition for county aid 148 429 report of principal 148 433 supervision 148 428 tax levy : annual levy 146 430 collection and use of funds 148 431 county commissioners to levy tax 149 434 county superintendent to certify amount necessary . . . 149 435 High schools, county, under special act: may come under general law 149 437 tax for buildings 150 438 High schools, extension of course of study: authorized 164 475 course of study 165 477 establish in private schools 165 478 levy 164 475 petition, election 164 476 privileges of graduates 165 477 High schools, normal training. (See Normal training in high schools.) High schools, rural 158 admission of pupils 162 469 annual meeting of high-school district board 160 463 annual school meeting 160 463 attachment of adjacent territory 162 467 authority of county superintendent 161 466 authority to establish 158 459 bonds for high-school building 161 465 INDEX. 263 High schools, rural continued. PO- See. boundaries approved by county superintendent 158 460 canvass of vote on establishing 160 462 course of- study 162 468 districts in two or more counties 160 464 election in territory containing town or city 159 461 election of high-school board 160 462 election on forming rural high-school district 158 460 government 161 466 powers of rural high-school board 161 465 site 161 465 tax levy 160 463 tax levy, district in two or more counties 160 464 transfer of territory 161 466 tuition 162 469 condemnation of site 161 465 Holy Scriptures: Bible may be used in schools, cities second class 72 193 Bible reading not prohibited, cities first class 59 146 Hygiene : instruction in all public schools 43 teachers, examined in 43 98 Incorrigible pupils 79 211 Indebtedness : Barnes high schools 152 443 bonded indebtedness: compromised and refunded 17 increase of debt prohibited when refunded 20 28 refunded 16 21 disorganized districts: bonded indebtedness refunded 25 42 floating indebtedness 100 268 merged districts 23 36 24 40 school districts 18 25 Indebtedness reported to county clerk 1 Indentured pupil in Industrial (Reform) School 170 493 Indian reservation, school district within 95 252 Industrial education 1 Industrial (Reform) School pupils 170 county superintendent to visit indentured pupils 170 49! indentured pupils 170 persons sought to receive indentured pupils 170 495 report of visiting agent on indentured pupil 170 494 Industrial training : v board of education and district board may make provision, 1 f report to state superintendent 1 special teachers may be employed 168 48J state aid 169 492 State Board of Education: approve course of study 1 establish standard for teachers 1 grant certificates 168 tax levy *" ' teachers, standard; certificates 168 490 Installment bonds may be issued 21 Institute. (See Normal institute.) Insurance companies, payment to state annual school fund 201 364 INDEX. Interest on bonds: cities of first class: p g . sec. paid when due 62 156 f ate , 61 153 J ax e vy ; 61 154 tax levy refunding bonds 63 161 cities of second class: paid when due 74 200 e tax iey y ;;;:.'.'::;; 73 198 refunding bonds 20 29 school districts 13 10 Joint district: annual meeting 106 286 alteration of boundaries 105 283 appeal to state superintendent in formation or alteration. . 105 284 application for formation 104 282 bonds to take up merged district bonds 24 40 disorganization of partially depopulated joint districts 99 264 formation 104 282 funds 106 285 jurisdiction 105 284 name 105 283 report of clerk 123 336 tax levy for Barnes high schools 154 449 Judgment, tax levy to pay 130 363 Justice of peace: jurisdiction 133 372 proceeds of fines paid to county treasurer 86 231 report to county superintendent 86 231 Juvenile court 171 acts providing for support of children 179 516 appeal, person convicted of contributing to delinquency. . . 181 528 appeal to district court 176 507 association or individual as guardian of child 174 503 blanks furnished by State Board of Control 181 526 bond, release, of person contributing to delinquency 178 512 care of child, parental 177 510 care of delinquent child, continuance 175 504 care of dependent or neglected child 174 502 city attorneys to aid probation officers, 177 508 commitment of child to care of probation officer 175 504 compensation of probation officer 172 498 compensation of probation officer, counties having 25,000 population 181 523 complaint 173 490 constables 177 508 continuance of hearing 174 501 county attorneys to aid probation officers 177 508 custody of child during continuance of cate 174 501 custody of dependent child during suspension of sentence. . 178 513 custody revoked by court 175 505 delinquent child 172 497 delinquent child, care of 175 504 dependent child .172 497 detention home 179 517 detention home, government 179 518 detention home-, record of inmates 180 519 establishment of juvenile court 171 496 fees allowed judge of juvenile court 171 496 fees, witness, allowed police and sheriff 181 525 INDEX. 265 uvenile court continued. Pg. <-. forfeiture of bond, person having custody dependent child, 178 514 judgment in case of forfeiture of bond 179 515 jurisdiction 171 496 child over sixteen 180 522 child under sixteen 176 506 dependent children 181 524 truants '. 78 210 juvenile farm 179 517 neglected child 172 497 parental home in certain counties 181 529 (advisory board 182 532 inmates 181 530 managers 182 532 supervision 182 533 tax for support 182 531 parents responsible for delinquency of children 177 511 penalties at discretion of juvenile court 177 509 penalty, contributing to delinquency 177 511 police officers to report arrests of juveniles 177 508 probate judge the judge of the juvenile court 171 496 probation officer; appointment, duties, compensation 172 498 procedure, trial of person contributing to delinquency. . . . 181 527 release under bond, person sentenced for contributing to delinquency 178 512 report, annual, of judge of juvenile court 180 521 responsibility for delinquency of children 177 511 summoning of custodian of child 173 500 suspension of sentence, contributing to delinquency 178 512 suspension of sentence, delinquent child 177 509 tax levied for detention home or juvenile farm 180 520 truant officer as probation officer 172 498 Juvenile farm 179 517 Kansas State Traveling Libraries Commission 187 545 Kindergartens 183 cost paid from school funds 183 535 established in school district 183 535 part of public school system 183 535 teachers 183 535 certificates 183 535 examination 183 5^5 special state certificates 29 52 Lands: granted by the United States for schools 5 school lands; sale, revaluation, lease 6 sections 16 and 36 in every township granted for use of schools 5, 7 Laws, school, published by state superintendent of public in- struction 212 631 Levies. (See, also, Taxation.) Librarian appointed by district board 126 Libraries 186 school district 186 librarian 186 544 purchase of books 1 rules and regulations 1 rules and regulations made by district board 126 350 tax levy 186 542 266 INDEX. Pg. Sec. Libraries, state traveling 187 Aplington Art Gallery, a part of 187 546 management 187 545 traveling libraries department of State Library 187 545 Lincoln's birthday observed in public schools 195 569 Loan commissioner, office abolished 203 594 Males, no distinction in schools between rights of males and females 5 Manual training: cities of the first class 55 130 Special Normal School certificates 34 69 special state certificates 29 52 Map of districts furnished by county superintendent to county clerk 97 257 Maps: purchase without approval 225 658 225 659 sale without approval 224 656 224 657 Meetings : board of education, cities first class 58 143 board of education, cities second class 71 190 rural high-school board 160 463 rural high-school district 160 463 school district 106 286 annual 106 286 first meeting of new district 96 254 notice 107 288 special 106 286 106 287 School Fund Commission 199 581 State Board of Education 213 637 Memorial day, observance in public schools 195 569 Merged district: bonds taken up 24 40 form of refunding bonds 23 37 refund bonded indebtedness 23, 36 suits against 24 39 tax levy for interest and sinking fund 24 38 Money unclaimed, to common-school fund 87 235 Moneys, school, paid over to proper officers 87 232 Month, school 119 320 Minimum term : cities first and second class 109 294 school districts 109 294 Music: special normal-school certificates 34 69 special state certificates . % 29 52 Neglected child 172 497 Night schools: attendance not compulsory 188 549 cost paid from public-school fund 1 course of study 188 551 equipment 188 551 part of public-school system 188 549 petition for 188 548 rules and regulations 188 551 school boards may establish 188 548 INDEX. 267 > ight schools continued. p g . school buildings used 50 118 sessions 188 550 teachers 189 552 payment 189 552 qualifications 189 552 term 188 550 : formal department of state school system 5 - formal institutes 190 annual sessions 190 553 conductor and instructors 190 554 county appropriation 190 555 county superintendent, duty 190 554 course of study prescribed by State Board of Education. . . 213 637 custodian of funds 191 556 disbursement of funds 191 559 examination of teachers held at close 37 80 fees 190 555 fees transmitted to county treasurer 191 557 funds 191 558 instructors 190 554 place of holding 190 554 state appropriation 191 558 term ; 190 553 time of holding .- 190 553 union institutes, two or more counties 191 560 i\ T ormal training in high schools 193 academies, eligible 194 564 application for state aid 194 566 apportionment of state appropriation 194 566 appropriations: agriculture and domestic science 194 566 normal training 194 565 certificates. (See, also, Certificates, normal training.)... 30 53 course of study prescribed by State Board of Education. . . 193 561 examinations 30 53 fees 30 53 applicants for certificates 30 53 expenses of grading manuscripts 30 53 high schools designated by State Board of Education 193 561 number of high schools aided in one county 193 562 purpose of normal-training act 193 561 rules prescribed by State Board of Education 193 563 state funds used for teachers' wages 193 562 students, number required in normal course 193 563 Notice : annual meeting, school district 106 286 annual or special district meeting 107 288 appeal from county superintendent's adjustment of school property 117 313 appeal to state superintendent, joint district boundaries. . . 105 284 bond election, school districts 10 election on establishing county high school 138 389 election, rural high school 158 460 meeting to form union school district 131 364 school district, first meeting 96 254 special meeting school district 106 287 Oaths: administered by certain officers, verifying warrants 229 670 administered by chairman district meeting 121 327 268 INDEX. Oaths contnued. Pg. Sec. administered by county superintendent 94 249 assistant state superintendent public instruction 210 626 county superintendent 88 239 members of board of education, cities first class 48 113 members board of education, cities second class 71 189 members State School Book Commission 216 642 parent, record in school census 81 214 school district officers 121 327 state superintendent of public instruction 210 624 voter challenged at district meeting 107 290 Officers, state, county, etc., prohibited from taking contract . . . 133 375 Organic act, educational provisions 5 Organization, board of education cities second class 67 175 Organization, school district v 104 280 Outstanding warrants. (See Warrants.) Parental home for homeless, dependent, neglected or delinquent children 181 529 Parents : children with contagious disease kept from school 119 324 liable for attendance and good conduct of child 79 211 oath in record of census 81 214 penalty for violation of compulsory-attendance act 78 210 required to send children to school 77 209 responsible for delinquency of children 177 511 Partially depopulated districts: defined 99 265 disorganized 99 264 Patriotic instruction 195 display of United States flag 195 567 patriotic exercises 195 570 rules and regulations for display of flag 195 568 Pay. (See Compensation.) Penalties and fines. (See, also, Fines.) 133 Penalties applied to support of common schools 87 236 Penalty: boards of education, purchase of unapproved apparatus.. 225 659 boards of education, failure to provide for fire protection . . 135 384 board of education, cities first class : issue of bonds in excess of amount authorized 60 152 refusal to levy tax for payment of coupons 63 162 wrongful use of money levied to pay coupons 64 163 business college, canvassing without permit 26 46 county clerk: excessive tax levy 185 541 neglect or refusal to extend tax, refunding bonds 20 29 county superintendent: failure to provide for seven months' term Ill 299 neglect or refusal to perform duty 102 277 receiving bonus 133 374 county treasurer : neglect or refusal to levy tax, refunding bonds 20 refusal to pay over school money 86 229 87 234 violation of provisions of Barnes high-school act 157 458 dealer in school books, failure to keep agreement 223 652 district board: issuing unauthorized bonds 13 purchase of unapproved apparatus 225 refusing admission to public schools 11 wrongful use of bonds 13 12 INDEX. 269 Ity continued. istrict clerk: failure to deliver records to successor failure to report to county clerk tax voted false report istrict treasurer: failure to deliver records to successor refusal or neglect to pay over district money. . . employers, violation of child-labor law increase in price of textbooks minors, use of tobacco in public places misappropriation of bond funds municipal officers, selling bonds without offering to School- fund Commission officers of county, city, township or school loard: neglect or refusal to levy tax, refunding bonds signing or attesting unauthorized warrant officers of taxing district, excessive tax levy parent or guardian, refusal to take oath in school census. . person having control of delinquent child, violation of com- pulsory-attendance act person having control of deaf, dumb or blind child, viola- tion of compulsory-education act sale of unapproved school apparatus school officer, violation of fire-protection act selling or giving away cigarettes State School Book Commission, violation of textbook act. . state superintendent, receiving bonus state treasurer, failure to file statement of collections on bonds failure to make out reports ." failure to report truants teachers : violation of fire-protection act treasurer, county, city, 'board of education, neglect or re- fusal to remit money collected to pay bonds or coupons. . unlawful use of examination questions use of textbooks in lieu of those authorized Pensions. (See Retirement fund.) Permanent school fund: commission constitutional provision custodian investment orders drawn perpetual fund records report sources (See, also, School-fund Commission.) Petition : bond election, school district county aid to high schools disorganization of partially depopulated districts election, county high school election, rural high school night schools special meeting, school district Physical examination of children incapacitated for school /'/. 124 342 124 339 123 337 124 342 126 348 46 110 223 652 226 662 23 34 203 592 20 29 231 678 185 541 81 214 78 210 81 216 224 657 135 382 226 660 224 655 225 659 133 374 207 612 128 358 80 213 135 382 16 20 39 87 223 652 199 580 6 202 589 200 584 201 588 6 201 586 201 587 201 58(5 6 204 598 9 1 148 429 99 266 138 389 158 460 188 548 106 286 77 209 270 INDEX. Pg. Sec. Physical training, special state certificate 29 52 Physiology and hygiene: examination of teachers ; 43 98 instruction 43 98 Playgrounds, purchase or lease, cities of the first class 53 126 Powers of board of education, cities of first class 55 130 Powers of board of education, cities second class 68 179 Powers of district meeting 108 291 Powers of State School Book Commission . 219 645 Practice teaching, normal course in accredited colleges 33 62 Preparatory department of state school system 5 President board of education, cities first class 56 132 certify number of members to be elected 48 113 duties 56 132 sign bonds 61 153 sign refunding bonds 63 160 sign warrants 56 132 229 671 President board of education, cities second class 48 113 certify number of members to be elected 49 113 duties 68 180 election 67 175 sign bonds 73 195 sign warrants 68 180 229 671 President School-fund Commission 199 580 President State Agricultural College: member State Board of Education 212 632 member State School Book Commission 216 642 President State Normal School: member State Board df Education 213 636 member State School Book Commission 216 642 Principal Barnes high school, report 155 451 Principal, county high school, employment 143 407 Principal high school with county aid, report 148 433 Probate judge: judge of juvenile court 171 496 notice estate of deceased person without heir 205 600 Probation officer: appointment 172 delinquent children 175 504 Prohibitory amendment, instruction on Frances Willard Day. . 232 679 Property owner, may send children to district in which he owns land 114 306 Property, school: control, cities second class 68 179 conveyance to board of education, cities second class 68 177 deliver to proper officers disposition, disorganized district 101 271 district beard may sell 126 division by county superintendent, new districts 98 exempt from taxation, cities first class 59 147 penalty for destruction 2 sale of, cities first class 58 142 vested in board of education, cities first class 58 141 union district 85 226 Pupils: admission from adjoining districts . 127 354 appeal to county superintendent on suspension 129 360 conveyance by parent, compensation 113 304 INDEX. 271 I jpils continued. Py. Sec. government in county high schools 144 411 incorrigible 79 211 indentured, of Reform School 170 493 Industrial (Reform) School pupils 170 493 infected with contagious disease 119 323 membership in high-school fraternities 164 473 nonresidents in county high schools 144 410 sent to adjacent district 112 303 sent to more convenient school 114 306 sent to other schools 113 305 suspension by district board 129 360 suspension by principal county high school 144 411 suspension for membership in high-school fraternities.... 164 474 transportation provided by district 113 304 transportation, school discontinued 112 303 truant 79 211 1 Qualifications: board of county examiners 36 79 county superintendent 88 237 kindergarten teachers 183 535 superintendent of schools, cities first and second class. ... 49 116 voters in district meetings 107 289 Questions for examinations: common-school diploma: prepared by State Board of Education 118 318 county teachers' certificates : distributed by state superintendent 38 84 forwarded, when 38 85 officers may have possession 39 opened by whom, when 37 80 penalty for unlawful use 39 87 prepared by state board 38 84 unlawful use 38 86 normal training high school certificates .^ 30 53 Record books, for school districts, purchased by county superin- tendent 94 250 Records : clerk board of education, cities first and second class 49 115 county superintendent: apportionment of state and county funds 88 boundaries consolidated, districts 85 225 candidates for teachers' certificates 88 240 official acts 88 240 district clerk : copies of reports 1 delivered to successor 1 preservation 121 proceedings of district 1 record report of treasurer 125 347 district officers: examination of records by county superintendent failure to deliver records to successors 124 342 penalty failure to deliver 124 342 district treasurer: records and papers handed over 125 records of receipts and disbursements 125 School-fund Commission, permanent fund, condition of, 2 record kept in office of state superintendent 201 587 272 INDEX. Records continued. state superintendent of public instruction, certified, shall ^"- '*''<* be evidence ' 212 634 teachers 128 358 warrants drawn 229 672 Refunding bonds. (See Bonds, refunding.) Registration : bonds: cities first class 62 158 cities second class 74 202 consolidated 206 606 permanent school fund 206 607 purchased by School-fund Commission 206 608 refunding 19 27 certificates : lapsed certificates and diplomas not revived by regis- tration 36 78 normal-training certificates 190 555 registered by county superintendent or clerk of board of education 35 73 registration required before payment of salary 35 74 registration reported to state superintendent 36 75 state certificates . 35 72 State Normal School certificates 35 72 warrants Relatives of district officers, employment as teachers 128 356 Religious doctrine, teaching prohibited, cities first class 59 146 cities second class 72 193 Removal of schoolhouse from settler's claim 127 353 Renewal of certificates : first grade, county 40 92 lapsed state 36 76 normal-training high school 30 53 state 32 59 three-year elementary, for three years 30 54 three-year, for life 29 50 three-year, for three-year periods 28 49 special, for one year 29 52 Reports : board of education, cities first class 58 144 board of education, cities second class 71 191 clerk, joint district 123 336 clerks of townships, cities and school boards, statement of indebtedness 124 341 county clerk, county school fund 86 230 county superintendent: annual, to state superintendent 91 243 normal institute fund 191 557 quarterly, to state superintendent 88 240 trespassers on school lands 103 279 district clerk: amount of tax voted 130 362 annual report commencement of school term 124 340 examination of report by county superintendent 94 248 names of district officers 124 340 proceedings of district 121 330 taxpayers' names reported to county clerk 123 338 district treasurer . . . . v 125 347 judge of juvenile court, annual report 180 521 principal, Barnes high school 155 451 INDEX. 273 Reports continued. p a . principal, high school with county aid 148 433 State School Book Commission 224 654 state superintendent of public instruction : biennial - 212 635 investment of school fund 201 586 teachers : school records 128 358 truancy 80 213 trustees, county high school 144 412 irement fund: annual payment, disability or incapacity 197 574 annual payment to teacher retired after thirty years 196 appropriation from general school fund 196 571 assessment 196 571 cities of the first class, fund created in 196 571 exemption 198 578 gifts 196 571 investment of surplus 196 572 reinstatement of teacher retired for disability 197 574 retirement of teacher with thirty years' experience 196 573 retirement on account of disability or incapacity 197 574 rules and regulations 198 579 "teacher" defined 197 576 teacher not reemployed 197 575 transfer to another city 197 575 treasurer to keep fund separate 198 577 Revocation of county certificates 42 97 Rural high schools. (See High schools, rural.) Rural schools: accredited by the State Board of Education 214 639 state supervisors 215 641 Salaries. (See Compensation.) Salary not paid unless certificate is registered 35 74 School age: cities second class 65 169 districts 119 321 School districts. (See- Districts.) School fund apportioned by county superintendent 90 242 School-fund commissioners 199 application to vote additional bonds 11 6 attorney-general member of commission 199 580 authorize increase in amount of bonds 11 bonds must be offered 203 592 clerk 211 627 collections 203 591 compensation of members 204 595 consolidation of bonds 206 605 constitutional provision 6 custodian 202 589 estates of deceased persons without heir 204 596 funding bonds received 207 613 hearing of application to vote additional bonds 12 investment of permanent school fund 200 584 meetings 199 581 members must act personally 199 580 members of board 199 580 orders drawn for bonds purchased '-: present bonds for registration to state auditor 206 608 purchase bonds at lower rate than stipulated 203 593 18 Sch Laws. 274 INDEX. School-fund commissioners continued. Pg. See. quorum 201 585 record of funds 201 586 record of proceedings, funding bonds 207 615 records 199 582 records kept in office of state superintendent 201 587 register of bonds offered and bought 200 583 secretary of state member of commission 199 580 state auditor to prepare register 206 607 state superintendent member of commission 199 580 state treasurer custodian of bonds, notes, etc 202 589 School fund, county. (See County school fund.) School-fund depositories, cities first, second and third class .... 52 125 School fund paid to cities under special law 132 370 School grounds, board of education may buy additional 75 205 Schoolhouse : district board may open for certain uses 126 351 district board to build, hire or purchase 126 349 doors open outward 134 376 exits 134 377 fire-escapes 134 377 furnaces 134 378 inspection 134 380 plan submitted to state architect 134 379 removed from claim of settler 127 353 School lands: lease 6 revaluation 6 sale 6 site acquired by purchase of 116 310 trespasses on, reported by county superintendent 103 279 School laws, published by state superintendent of public in- struction 212 631 School month 119 320 School property. (See Property.) School Textbook Commission. (See State School Book Com- mission.) authority transferred to State School Book Commission. . . 216 642 contracts not affected by publication act 219 647 penalties : selling charts, maps, globes, etc., without approval . . . 224 657 violation of act 225 659 unlawful to purchase charts, maps, globes, etc., unless ap- proved 225 658 unlawful to sell charts, maps, globes, etc., unless approved, 224 656 Second-grade county certificates 40 91 Secretary, board of trustees, county high school : election 140 392 duties 141 399 Secretary of state: member of Board of School-fund Commissioners 6 president of Board of School-fund Commissioners 199 580 Secretary State Board of Education 214 638 Secretary State School Book Commission: bond 217 643 compensation 217 643 duties 217 643 election 217 643 " pay weekly money received into state treasury 220 650 qualifications 217 643 report sales to state auditor each month 220 650 term . 217 643 INDEX. 275 Sectarian doctrine: Pg. See. cities first class 59 145 cities second class 72 193 Security for bonds: cities first class 62 157 cities second class 74 201 Sinking fund: credited with interest for deposit 13 11 investment : cities first class 61 155 cities second class 74 199 refunding bonds 22 32 school districts 13 10 tax levy: cities first class 61 154 cities second class 73 198 refunding bonds 21 31 school district 13 10 Site; school: acquired by purchase of school lands 116 310 amount of land condemned 115 309 change of site 114 307 condemned 115 309 county high school 141 400 estimate of cost, cities first class 59 151 rural high school 161 465 school district site not less than one acre 108 291 Special certificates. (See Certificates, special.) Special district meeting 106 286 annual meeting not held 106 287 notice 107 288 Special examinations for county certificates 38 82 State Agricultural College: accredited by State Board of Education 32 60 graduates from accredited high schools admitted 214 640 investment of funds 200 584 president member State Board of Education 213 636 president member State School Book Commission 216 642 state treasurer custodian of funds 202 589 State aid: school districts: apportionment 110 298 appropriation Ill 301 cost of tuition and transportation 112 303 county superintendent to certify amount due 110 297 districts excepted 112 303 limitation, certain districts 112 303 [limitation, school discontinued 112 303 purpose to provide a seven-months term 109 295 state auditor to draw warrants Ill 302 state superintendent to certify amount due 110 297 state treasurer to remit . . . . 110 297 high schools teaching agriculture and domestic science. . . . 194 566 normal training high schools 191 562 State annual school fund. (See Annual school fund.) State architect, plans for schoolhouses submitted to 134 379 State auditor: cancel bonds and coupons paid 207 61.0 compare register with bonds 207 611 draw warrants, state aid to school districts 110 297 register bonds belonging to permanent school fund 206 607 276 INDEX. State auditor continued. p a- S'*". register bonds purchased by School-fund Commission 206 603 register consolidated bonds 206 606 stamp refunding bonds 207 614 State Board of Agriculture, president member State School Book Commission 216 642 State Board of Education 213 636 accredited colleges: approval of course of study 31 57 certificates issued to graduates 32 59 department of education in 31 57 examination of course of study 32 68 institutions in other states 32 50 State Agricultural College 32 GO State University 32 60 certificates issued to graduates 32 59 distribution of state appropriation 194 563 appointment of state supervisors of public school 215 641 appointment of three members of state board by governor. . 213 636 apportion federal vocational fund 167 483 certificates, teachers' : cancellation of 36 77 diploma, life 29 51 examination for state certificates 23 48 graduates from normal course with practice teaching, 33 62 high-school teachers 31. 57 kindergarten teachers 183 535 lapsed life certificates, renewed 36 76 life diploma 29 51 normal institute conductors 190 554 normal institute instructors 190 554 normal training teachers 30 53 recognition of certificates issued in other states 35 71 special certificates 29 52 agriculture 29 52 domestic art 29 52 domestic science 29 52 drawing 29 52 kindergarten 29 52 music 29 52 physical training 29 52 temporary certificates 31 56 three-year certificates to graduates of accredited col- leges 32 59 32 61 renewed for life 59 three-year elementary certificates credentials examination 28 49 renewal 28 49 30 54 three-year renewable certificates credentials 28 .49 examination 28 renewal .28 valid in what schools 28 three-year certificates renewable for life credentials v 29 50 examination 29 renewal 29 valid in what schools 29 50 INDEX. 277 te Board of Education continued. validation of three-year renewable certificate for high- Pff- See. school teaching 28 49 void, when 36 76 chairman 213 636 chancellor State University a member 213 636 colleges, accrediting of 31 57 cooperate with federal board on vocational education 166 480 cooperate with local communities, federal aid 166 481 courses of study: common schools 213 637 district schools 213 637 graded schools 213 637 high schools 213 637 high schools, county 146 416 147 426 high schools, rural 162 468 industrial training 168 489 168 490 normal institutes 213 637 public schools 213 637 examinations: common-school diploma 118 318 county teachers' certificates 38 84 high-school credits for county certificates 41 ,93 kindergarten teachers' certificates 183 535 normal training teachers' certificates 30 53 state teachers' certificates 28 48 graded schools: accrediting 214 639 course of study 213 637 standards defined 214 639 supervisors appointed 215 641 high schools: accrediting of 214 639 accrediting for normal training 30 53 193 561 approval for credits required for county certificates. . 41 93 approval for agriculture and domestic science 194 566 approval as preparatory to accredited colleges 32 61 approval for federal aid 166 482 standards defined 214 639 supervisors appointed 2 members 2 appointment - compensation 213 636 duties 213 637 expenses 2 meetings 21J term of appointed members 213 636 normal training in high schools: approval by high schools 195 certificates granted distribution of state appropriation 1 rules and regulations 192 563 renewal, of lapsed life certificates 36 76 rural schools: accrediting of 21 j course of study - standards defined 214 supervisors appointed 278 INDEX. State Board of Education continued. Pg. Sec. president State Agricultural College a member 213 636 president State Normal School a member 213 636 secretary 214 638 Action -. 214 638 du ties , 214 638 qualifications 214 638 salary 214 638 term 214 6 38 standards of rural, graded, and high schools defined 214 639 State Department of Education 210 622 State Superintendent of Public Instruction member and chairman 213 636 stenographer 214 638 supervision of public schools 215 641 appointment 215 641 expenses 215 641 salary 215 641 term of appointed members 213 636 State certificates. (See Certificates, state). State constitution, educational provisions 5 State Department of Education 210 assistant state superintendent 210 626 chief clerk 211 627 department constituted 210 622 secretary state board of education 214 638 State Board of Education 210 622 State Superintendent of Public Instruction 210 622 supervisors of public schools 215 641 State fire marshal, fire prevention bulletin 135 384 State Normal Schools: certificates : common school 33 63 life 34 66 life diploma 34 67 one-year 33 64 special 34 69 agriculture 34 69 commercial subjects 34 69 domestic science 34 69 drawing 34 69 manual training 34 69 music 34 69 occupational subjects 34 69 three-year 34 65 certificates issued before September 1, 1916 34 68 certificates registered and signed by state superintendent, 34 70 diploma 33 63 34 67 graduates from accredited high schools admitted 214 640 investment of funds 200 584 president : member State Board of Education 213 636 member State School Book Commission 216 642 registration of certificates and diplomas 34 70 35 72 signing of certificates by state superintendent 34 70 state treasurer custodian of funds 202 589 State Orphans' Home, county superintendents agents 102 278 INDEX. printer: member State School Book Commission printing of textbooks statement of cost of textbooks State School Book Commission adoption of textbooks contract with publishers exchange price annual report revolving fund approval of supplementary books , authority and powers of School Book Commission books of reference not prohibited chairman commission allowed to dealers commission created compensation of members complete series of textbooks provided contract with authors and publishers , copyrights dealers : commission penalty for increase in price penalty for violation of agreement sales to dealers for cash only, exception free textbooks authorized by vote manuscripts . . % members : appointed members compensation expenses members ex offlcio oath of office penalties rules and regulations term order exclusive use of authorized books penalty : increase of price use of other books violation of act by members price lists furnished prices based on cost purchase of books by dealers purchase of books by district boards and boards of educa- tion remuneration of authors secretary bond compensation duties election payments to state treasurer report to state auditor term series of textbooks supplementary books: approval distribution 279 Pp. See. 216 642 219 646 219 648 216 217 644 217 644 217 644 217 644 224 654 222 651 223 653 216 642 219 647 217 643 220 650 216 642 216 642 217 644 219 645 219 645 220 650 223 652 222 651 220 650 220 649 217 644 216 642 216 642 216 642 216 642 216 642 223 652 224 655 216 642 216 642 219 647 223 652 223 652 224 655 223 652 222 651 220 650 220 650 219 645 217 643 217 643 217 643 217 643 217 643 220 650 220 650 217 643 217 644 223 653 223 653 280 INDEX. V State School Book Commission Continued. Pg. Sec. purchase by school board 223 653 use in lieu of adopted books prohibited 223 653 textbooks sold for cash only, exception 220 650 textbooks printed by state printer > 219 647 State School-fund Commission. (See School-fund Commission.) State school funds, disbursement of income 6 State superintendent of public instruction 210 623 appeal in joint district boundaries 105 284 appoint state supervisors of public schools 215 641 assistant 210 626 approve issue of bonds without election, cities second class, 72 194 ask advice of attorney-general 211 630 bond 210 624 certify copies of papers 212 634 certify organization of normal institute 191 558 certify to state auditor amount due school districts 110 297 chief clerk 211 627 distribute county examination questions 38 84 distribute state annual school fund 211 628 draw orders on state treasurer, distribution of school fund, 211 629 forward examination questions to county superintendent. . 38 85 furnish price lists of school books for use of dealers 223 652 furnish questions for special county examinations 38 82 general duties 210 623 general supervision of educational interests 5 give notice of estate of deceased person without heir 205 599 give official opinions 211 630 grant permit to business college to canvass 26 43 make biennial report to governor 212 635 make certificate relating to industrial training 168 491 member of Board of School-fund Commissioners 6 member and secretary Board of School-fund Commission- ers 199 580 member and chairman State Board of Education 213 636 member State School Book Commission 216 642 oath of office 210 624 obtain information from other states 212 632 office in the capitol 212 633 penalty for receiving bonus 1 prepare instructions for patriotic exercises 195 570 prepare program for patriotic exercises 195 569 prescribe forms and blanks 212 631 prescribe official reports 212 633 provide blanks for registration of state certificates 36 75 provide for observance of certain holidays 195 569 publish school laws 212 recommend textbooks 212 report investments of school fund 201 586 salary 210 625 sign Normal School certificates and diplomas sign state certificates State Department of Education 21( statistical and filing clerk 211 stenographers 211 supervise educational interests 2 visit each county 212 632 State supervisors of public schools: appointment \ duties 215 641 expenses 215 641 salary 215 641 INDEX. easurer : bonds payable at office cancel bonds and coupons paid cancel bonds and coupons paid before maturity custodian of Agricultural College, Normal School and Uni- versity funds custodian of state school funds furnish statement of amount due on bonds pay annual school fund to county treasurer produce coupons and bonds for comparison with auditor's register receive income state school fund register orders drawn by School-fund Commission remit state aid to county treasurers report to state superintendent amount annual school fund, report to state superintendent amount of permanent school fund state school-book fund kept separate statement to auditor of interest on bonds or principal col- lected separate accounts of annual and permanent school fund. . . State University: accredited by State Board of Education chancellor member State Board of Education constitutional provision for graduates accredited high schools admitted graduates Barnes high schools admitted graduates may receive state certificate investment of funds land reserved for support of state treasurer custodian of funds Suits against merged districts ; Superintendent of schools, cities of first and second class compensation duties election notice to truant officer qualifications term Supplementary textbooks, approval by State School Book Com- mission Suspension of pupil : district board appeal membership in high-school fraternities principal county high school Tax levy. (See Taxation.) Taxation : exceptions to limitations in tax levies excessive levy unlawful general limitation in tax levies increasing levy above general limit levy for industrial training penalty for making excessive levies rural high schools Taxation Barnes high schools. (See Taxation, county.) Taxation cities of first class: annual levy bonds, interest and sinking fund bonds, refunding, interest and sinking fund Fff. 15 16 14 281 16 19 14 202 589 202 589 15 17 209 618 207 611 209 617 201 588 110 297 202 590 202 590 202 590 206 609 202 590 32 60 213 636 ' 6 214 640 151 439 32 61 200 584 7 202 589 24 39 49 116 49 116 49 116 49 116 80 213 49 116 49 116 223 653 129 360 129 360 164 474 144 411 184 537 185 540 184 536 184 538 167 488 185 541 160 463 r,.; I:*T 73 198 63 161 282 INDEX. Taxation cities of first class continued. Pff. Sec. levy by board of education 20 29 levy by county clerk 20 29 levy by county treasurer 20 30 penalty, board or county clerk 20 29 penalty, county treasurer 20 30 penalty, failure to levy tax 63 162 bonds, outstanding warrants, interest and sinking fund, 65 167 bonds, refunding, sinking fund 21 31 buildings and repairs 56 137 industrial training 167 488 playgrounds 54 127 support of schools 56 137 limitation of levy 57 138 levy certified to county clerk 56 137 levy made by county superintendent, indebtedness to dis- trict 116 312 school property exempt 59 147 taxes paid in money 58 139. taxes subject to order of board of education 58 139 whole city taxing district 58 140 Taxation cities of second class: annual levy. 70 185 bonds, interest and sinking fund 73 198 bonds, refunding, interest and sinking fund 20 29 levy by board of education 20 29 levy by county clerk 20 29 levy by county treasurer 20 30 penalty, board or county clerk 20 29 penalty, county treasurer 20 30 bonds, refunding, sinking fund 21 31 buildings, certain cities 74 203 limit of building tax 75 204 indebtedness 70 186 industrial training 167 488 support of schools 70 185 limitation 70 186 limitation, certain cities 71 187 levy made by county superintendent, indebtedness to school district 116 312 taxes paid in money 71 188 territory attached 66 170 territory of second district, city changed from third to second class 67 173 whole city subject to taxation 71 188 Taxation county : aid to school districts 110 296 aid to high schools, counties of population less than 10,000, 148 430 levy certified by county superintendent 149 435 levy made by county commissioners 149 434 limit of levy 148 430 buildings, county high schools established by special act. . . 150 438 county high schools 140 393 levy certified by whom 141 398 levy made by board of trustees 140 393 limit five-tenths mill 140 394 limit nine-tenths mill certain counties 140 395 detention home 180 520 high-school tuition , 137 high schools, Barnes law 151 439 INDEX. tion county continued. first levy made, when joint districts levy for buildings limit five-tenths mill limit nine-tenths mill certain counties parental home, certain counties Taxation, rural high-school district Taxation school districts : annual tax voted by district meeting floating indebtedness f general school purposes levy limited to four and one-half mills levy limited to six mills, certain districts levy may be increased by three-fourths vote minimum levy four and one-half mills in districts with state aid industrial training judgments, levy by district board penalty for failure libraries increasing the levy by three-fourths vote indebtedness, depopulated districts indebtedness, disorganized districts indebtedness, part of district annexed to city interest and sinking fund, bonds interest and sinking fund, refunding bonds interest coupons receivable for taxes levy certified by district clerk levy made by county commissioners levy made by county superintendent, when levy to pay bonds and interest taxpayers reported by district clerk. . ." penalty for failure tax voted but not collected union or graded -districts Teacher, word "teacher" defined, retirement law Teachers: contract in writing contracts void, if relatives of district officers dismissed for cause district board shall contract with employment of: cities of first and second class county high schools county high schools, counties of population less than 6000 school districts employed by county superintendent, when high schools, counties under 6000 industrial training records and reports penalty for failure register of, kept by county superintendent report names of truants penalty for failure wages specified in contract Teachers' association, county superintendent shall encourage.. Teachers' certificates. (See Certificates.) Teachers' examinations. (See Examinations.) Teachers' retirement fund. (See Retirement fund.) 283 Pg. Sec. 153 444 154 449 151 439 151 440 151 441 182 531 160 463 108 291 108 291 108 291 108 292 108 292 184 538 109 295 167 488 130 363 130 363 186 542 184 538 98 260 100 268 116 312 13 10 20 29 23 35 130 362 130 362 111 299 13 10 123 338 124 339 125 346 131 366 197 576 127 355 128 357 127 355 127 355 49 117 143 407 146 418 127 355 111 299 146 418 168 490 128 358 128 358 88 240 80 213 80 213 127 355 88 240 284 INDEX. Pg. Sec. Temporary county certificates 42 95 Temporary state certificates [ 31 55 Term, length of school term determined by voters at district meeting 109 293 Term, minimum : eight months, cities first and second class 109 294 seven months, school districts 109 294 Term of office: board of education, cities first and second class 47 111 clerk, board of education, cities second class 67 175 county superintendent 88 238 district officers 120 326 president board of education, cities second class 67 175 secretary State Board of Education 214 638 secretary State School Book Commission 217 643 superintendent of schools, cities first and second class 49 116 State School Book Commission 216 642 trustees county high schools 139 391 Term of school determined by district meeting 109 293 Territory: attached for school purposes, cities of first class 54 129 attached for school purposes, cities of second class 66 170 detached by county superintendent, cities second ^ass. ... 67 174 disorganized district not liable for debt of district to which attached , 101 272 part of district annexed to city first or second ^ass 116 312 school district annexed to city first or second class 116 311 school district containing city of third class remains at- tached when city becomes of second class 67 173 Textbooks . . 216 (See, also, State School Book Commission.) Third-grade certificate, requirements 39 90 Three-year state certificates. (See Certificates, state.) Tobacco and cigarettes: county attorney to make inquisition 227 664 misdemeanor for minor to use in public places*. 226 662 penalty 227 663 unlawful to advertise cigarettes 226 661 unlawful to sell or give away cigarettes 226 660 Township clerk must register refunding bonds 19 27 Township high schools. (See High schools, rural.) Transportation of pupils: compensation to parents 113 304 consolidated district 84 221 provided by district board 113 304 pupils sent to other districts 112 303 Traveling expenses, county superintendent. 92 244 Traveling libraries. (See, also, Libraries.) 187 545 Treasurer, board of education cities of first class 56 134 bond 56 134 city treasurer ex officio treasurer of board 56 134 compensation 56 134 deliver warrant register to successor 230 677 deposit money daily 56 134 deposit money in designated depositories 52 125 indorse warrants "presented and not paid for want of funds" 230 675 pay money upon warrants 56 134 prepare monthly report 56 134 record of warrants paid 230 674 redemption of indorsed warrants 230 676 INDEX. 235 urer, board of education cities of first class continued. Pff Sec. register indorsed warrants 230 675 remit to state treasurer money collected for redemption of bonds and coupons 15 18 taxes placed in hands of 58 139 Treasurer, board of education cities second class 69 183 bond 70 184 deliver warrant register to successor 230 677 deposit money in designated depositories 52 125 elected by city 69 183 indorse warrants "Presented and not paid for want of funds" 230 675 interest paid when due 74 200 pay money upon warrants 70 184 prepare monthly report 70 184 produce books and papers 70 184 redemption of indorsed warrants 230 676 register warrants indorsed 230 675 remit to state treasurer money collected for redemption of bonds and coupons 15 18 taxes paid over by county treasurer 70 185 term 69 183 Treasurer, county. (See County treasurer.) Treasurer county high school 140 392 appointment 140 392 bond 140 392 duties 140 392 taxes paid to, by county treasurer 141 398 term 140 392 Treasurer school district. (See District treasurer.) Treasurer, state. (See State treasurer.) Truancy law. (See Compulsory Education.) Truant officers: appointment 78 210 compensation , 80 212 complaint by 78 210 duties 78 210 enforce education of deaf, dumb and blind 81 215 nomination 78 210 number 79 211 Truants: habitual truants 79 211 names reported by teachers 80 213 Trustees, county high school: annual report 144 412 annual tax levy 140 393 appointment 139 390 compensation 145 414 election 139 391 employ principal and teachers 143 407 expel members high-school fraternities 164 474 local site 141 400 officers of board 140 392 president and secretary to certify tax rate 141 398 provide buildings 141 400 secretary 140 392 term 139 391 treasurer * 140 392 vacancy filled by county commissioners 145 413 286 INDEX. Tuition : PS/. Sec. Barnes high schools 156 453 county high schools 144 410 fee may be assessed, school districts 119 325 high schools, cities of second class 68 179 high schools, payment in certain counties 137 385 pupils sent to more convenient district 114 306 pupils sent to other schools, schools discontinued 113 305 pupils sent to other districts, certain districts 112 303 rural high schools 162 469 Union or graded-school districts 131 annual meeting, date 106 286 board of directors: duties 131 365 election 131 364 powers 131 365 bonds 132 367 clerk 132 368 established, how 131 364 purpose 131 364 tax levy for buildings and expense 131 366 treasurer 132 369 (See, also, Consolidation.) Universities : accredited by State Board of Education 31 57 course of study examined and approved by State Board of Education 31 57 graduates may receive state certificates 32 61 University, department of state school system 5 University fund : constitutional provision ; 6 custodian 202 589 religious sect shall not control 6 Use of school buildings, cities of first and second class 50 118 Use of schoolhouse, school districts 126 351 Vacancies : board of education, cities of first and second class 47 112 county superintendent 94 247 district board, filled by county superintendent 94^ 246 examining committee board of education, cities first class, 56* 136 trustees, county high schools 145 413 Valuation of property: certified by county superintendent to district clerks 88 detachment of territory Ill 300 formation of new districts. Ill 300 relation to bond issue : cities of first class 60 152 cities of second class 72 194 districts refunding bonds 17 23 Vice President: board of education, cities first class 56 133 board of education, cities second class f 69 181 Voters, district meetings : challenge 107 290 qualifications 107 289 Wages, teachers': contract shall specify 127 355 paid for last month after term report is filed 128 358 paid for last month after truancy report is made 80 213 287 INDEX. Pff. Sec. Varrants 229 countersigned by treasurer 229 673 definition of term "warrants" 229 669 drawn, how 229 669 outstanding warrants refunded 18 24 payment by treasurer 230 674 payment in order presented 230 675 penalty, signing or attesting warrant not authorized 231 678 presented and not paid for want of funds 230 675 publication of call for redemption of unpaid warrants. . . . 230 676 record kept by clerk 229 672 register delivered by treasurer to his successor 230 677 signed and attested by whom 229 671 time warrants to pay for buildings, cities of second class. . 74 203 verified by affidavit 229 670 Warrants and bonds lost and destroyed: duplicate may be issued 228 665 duplicate issued on delivery of mutilated bond or warrant, 228 666 duplicate to correspond with original 228 667 record of duplicates issued 228 668 Washington's birthday, observance in public schools 195 569 Water-closets 127 352 White children, separate schools, cities first class 55 130 Willard, Frances Willard Day 232 679 Work permits 45 104 UNIVEESITY OF CALIFORNIA LIBRAEY BERKELEY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW Books not returned on time are subject to a fine of 50c per volume after the third day overdue, increasing to $1.00 per volume after the sixth day. Books not in demand may be renewed if application is made before expiration of loan period. JUM 21 1919 SEP 27 1920 50m-7,'16 YC 381262 >ITY OF CALIFORNIA LIBRARY