id Teacher 'B lh*»t*<> 1 ' 1 4 i 1 Laws of Minnesota Relating to the ublic School System Including the State Teachers Colleges and the mm ■ Mat Wfl fl%|# U^iyer^y^J^innesota LOS ANGELES PL3LIC LIBRAKjP Prepared [ i of CLIFFORD L. HILTON Attorney Gen< and JAMES M. McCONNELL 1921 Ill Laws of Minnesota Relating to the Public School System Including the State Teachers Colleges and the University of Minnesota Prepared Under the Direction of CLIFFORD L. HILTON Attorney General and JAMES M. McCONNELL Commissioner of Education 1921 Mm 4-5 £ CHAPTER g CHAPTER II. CHAPTER 111. CHAPTER IV. CHAPTER V. CHAPTER VI. CHAPTER VII. CHAPTER VIII. CHAPTER IX. CHAPTER X. CHAPTER XI. CHAPTER XII. CHAPTER XIII. TABLE OF CONTENTS Section School Districts; Formation, Change of Bound- aries, Consolidation, Association, Dissolution.. 1-51 School Meetings; Annual, Special; Conduct of, Elections, Powers, etc 52-66 School Boards and Officers; Constitution, Elec- tion, Organization, Powers; Chairman, Clerk, Treasurer; Qualification, Powers, Duties 67-140 District Indebtedness and Bonds; Loans from State 141-146 Actions; by and against Districts; Judgments; Penalties, etc 147-169 Public Schools; High, Graded, Semi-graded, Com- mon; Control, Association of, Instruction 170-194 School Taxes; State, County, City, District; Lim- itation of, Contracts in Excess of 195-203 School Funds; State and County Apportionment; Payments of; Reports on 204-209 State Aid to Schools; Regulation, Apportion- ment; for Normal Instruction, for Agricultural Training 210-246 School Text Books; Conditions for Sale, Com- binations to Control Prices, Officers and Teachers Forbidden to Deal in 247-258 Libraries; Library Division; County Libraries; Public Libraries and Reading Rooms; School Libraries 259-279 Compulsory Education; Child Labor; School Census; Duties of Officers and Teachers; Tru- ant Officers; Terms of Child Employment, etc. 280-302 School Administration 303-423 Part 1 — State Board of Education and State Commissioner of Education 303-316 Part 2— Superintendent of Education 317-324 Part 3 — County Superintendents 325-342 Part 4— High School Board 343-352 Part 5 — Teachers; Qualification and Training Examinations, Certificates, Employment Bu- reau, Pensions, Contracts with 353-423 CHAPTER XIV. State University; Management, Departments, In- struction, Maintenance 427-466 CHAPTER XV. State Teachers Colleges; Management, Instruc- tion, Summer Sessions, Model Schools 467-478 79456J EXPLANATORY PREFACE This compilation contains the general laws of Minnesota of practical use and application relating to the public schools. The General Statutes of 1913 are taken as the basis, and to them have been added all subse- quent laws and amendments. The laws have been arranged by subjects, and the sections numbered consecutively. At the foot of each section is given the number of the section of the General Statutes, or the chapter and year of the subsequent session laws, from which the section is derived. Following the sections will be found annotations in small type giving the substance of decisions of the supreme court and opinions of the attorney general. The references, such as 43 M. 312, are to the volume and page of the Minnesota Supreme Court Reports, regular edition, and the references, such as (Gil. 352), added, are to the Gilfillan edition of the Supreme Court Reports. References, such as "Young, page 187," or "Smith, April 14, 1913," are to the name of the attorney general who gave the opinion, and the page of his report where the opinion may be found, or the date thereof, as the case may bo. Special attention is called i.o chaptei XII on School Administration. Cnapter 334, Laws 1919, abolished the office jf state superintendent of edu- cation, the state high school board r.nd ihe state public library commission, and vested their functions, powers and duties in the newly created state board of education. Any reference to this office, board or commission, therefore, should be read in the light of the 1919 statute. The index references are to the sections of this compilation. CHAPTER I. SCHOOL DISTRICTS. 1. School districts — For school purposes the state is divided into com- mon, special, and independent school districts, each of which shall be a public corporation. Common school districts shall be numbered consecu- tively in each county, and each shall be known as school district No of county. A district, when situated in two or more counties, shall be known as joint school district No of and counties. Independent school districts shall be known by the names or numbers given them at their organization. (2671) School districts are corporations with limited powers; and the duties of the trustees or board are public and administrative only. They are not liable to in- dividuals for neglect or nonfeasance. — 49 M. 106. When a school district has acted as such, has borrowed money, issued bonds, voted taxes, and been dealt with by the state as a district, both it and the state are estopped to question its legal organization. — 85 M. 230. When a district has exercised the franchises and privileges of a district for one year, there is a conclusive presumption in the nature of a statute of limita- tion that it is legally organized. — 54 M. 203. The organization of a district, or the validity of the acts of its officers, is not vitiated by neglect of the officers elected to tile acceptance of office. — Cole, P- 117. Special districts should be known and designated by the name of their incor- poration and a number is not required by law. — Douglas, July 13, 1901. On appeal it was held as follows; (119 M. 119); 1. The question of when school districts may be formed, or their boundaries changed, is a legislative one which has been delegated to the county boards. 2. The question of formation or change of boundaries of districts must be determined by the consideration of the best interests, present and future, of the people of the territory, considered as a whole; 3. The "best interests" of the territory affected, as used in section 1285, R. L., means the best interests of the people of the whole territory. The interests of the most populous portion or those of the sparsley settled portion cannot be in- dependently considered: for the interests of the strong can never be the measure of the rights of the weak. A school district is not responsible in damages on account of accidents to instructors or pupils occurring in the performance of their duties assigned by the board, such as laboratory work and manual training, on the ground that school districts are quasi municipal corporations exercising a government function from which it derives no pecuniary profit. — (Smith, April 14, 1913.) Teachers, janitors and others employed by a school district are entitled to compensation under the Workmen's Compensation Act if injured in the perform- ance of their duties. — (Smith, August, 1916.) 2. Formation of districts — A majority of the freeholders qualified to vote for school officers residing upon any territory not less than four sections in extent, and in which reside not less than twelve children of school age, whether or not such territory be in whole or in part included in any existing common, independent, or special school district, may petition the county board of the proper county to make such territory a school district, common or independent. (2672) A petitioner, after signing a remonstrance, cannot be claimed as a petitioner. — Hahn, May 29, 18S6. The revised statues provide that a petition for the alteration of a school district, the territory of which lies in two counties, shall be presented to the board of county commissioners of each county, of course, for their concurrent action. It is therefore necessary that the proposed alterations shall be agreed to by each of the boards before it can take effect. — Colville, p. 2P.9. A married woman is not a freeholder because her husband is such, nor is the husband a freeholder because t'he wife is such. — -Wilson, p. 345. A resident of a school district becomes a freeholder as soon as he owns real estate therein. — (Smith, September 26, 1916.) 3. Same; petition for — The petitions shall contain: 1. A correct description of the territory to be included in such pro- posed district. 2. The number of persons residing therein. 3. The names and ages of all children of school age residing therein, and the existing district in which each such child lives. 4. The districts in which such territory lies, and the number of such children in each such district. 5. The reasons for the formation of the proposed district. Such petitions shall be acknowledged by the petitioners and submitted to the county superintendent, and if he shall approve of the same he shall endorse such approval in writing upon said petition, stating his reasons therefor; and if he shall disapprove of same he shall indorse thereon in writing his reasons for such disapproval. (2673) A person signing a petition for the creation of a school district may withdraw his signature therefrom by the signing of a remonstrance or otherwise. — Childs, July 28, 1893. The board of county commissioners may permit the amendment of a petition for the formation of a school district when such amendment is assented to in writing by all of the persons signing the same. — Childs, Dec. 21, 1894. A county superintendent cannot by inaction prevent the county board from acting on a petition of freeholders for the formation of a school district. — (Smith, Dec. 20, 1916.) Mere irregularities in a petition for the formation of a school district, such as erroneously designating the district, are not fatal in the absence of a showing of prejudice resulting from such irregularities. — (Smith, August 21, 1917.) When a petition -signed by a majority of the resident freeholders is presented to the county board, jurisdiction is not lost by reason of the fact that after the petition was signed the number of resident freeholders increased so that at the date of hearing the signers constituted less than a majority. — 89 M. 351. A petition for the formation of a new school district should be presented to the county superintendent, and it is his duty to either approve or disapprove the same in writing, giving his reasons for his action in either event, before the same is presented to the county commissioners. — Simpson, Jan. 12, 1910. 4. Same; notice of hearing — Upon the presentation of such petition, • the county board shall appoint a time and place for hearing thereon, and shall cause two weeks' published notice thereof to be given in the county, and ten days' posted notice in each district affected. Such notice shall also be served on the clerk of each district, by mail, at least ten days before the time set for hearing, and the auditor's certificate shall be proof of the mailing. (2674) 5. Same; proceedings on hearing— At the hearing tli3 board ^hall receive any evidence and consider any arguments for and against such proposed organization, and shall make an order either granting or denying the petition; and, if the petition be granted, the order shall particularly describe the district, state its name or number, shall be signed by the chairman, and attested and filed with the auditor, who shall mail to the clerk of each district affected a copy thereof, and shall cause ten days' posted notice to be given of a meeting to organise such district. The board may adjourn the hearing from time to time, and, upon the recommen- dation or with the written approval of the county superintendent, enlarge or change the boundaries proposed in the petition. (2675) 6. Same; appeal from order — Any person aggrieved may appeal from ♦ such order to the district court of the county upon the following grounds: (1) That the county board had no jurisdiction to act. (2) That it has exceeded its jurisdiction. (3) That its action is against the best interests of the territory affected. Such appeal shall be taken by serving upon the county auditor within thirty days from the making of the order- a notice of appeal, specifying the grounds thereof. The appellant shall also execute and deliver to the auditor a bond to the county in the sum of one hundred dollars, to be approved by the county auditor, conditioned for the payment of all costs taxed against the appellant on such appeal. Such further proceedings shall be had upon such appeal as upon other appeals from the county board. (2676) The county board, as the representatives of the public, to whom is entrusted the matter of forming school districts may appeal from an order of the district court reversing its action. — 43 M. 312. Where the county board has granted a petition for dividing a school district, and an appeal has been taken to the district court, the money in the hands of the district treasurer, which has been apportioned by the county commissioner to the new district, the treasurer, for his own protection, should retain and decline to pay over the same until the legality of the proceedings has been determined by the' court. — Simpson, Sept. 17, 1909. 7. Change of boundaries — By like proceedings, and upon petition of the majority of the freeholders of each district affected: qualified to vote at school meetings, the boundaiies or any existing distiict n.ay be changed, or two or more districts consolidated or one or more districts annexed to an existing district. No change in the boundaries of a district by organization of a new district or otherwise shall be made, so as to leave the old district without at least one school house used for school purposes, nor shall any change of districts in any way affect the liabilities of the territory so changed upon any bond or other obligation; but any such real estate shall be taxed for such outstanding liability and interest, as if no change had been made. In case of the consolidation or anuexation of districts, whether under the foregoing or any other provisions of the law, action shall be brought by or against the new or remaining district upon any cause existing in favor of or against any discontinued district, but a judgment in such action against such existing district shall be satisfied only from taxes upon the real property included in the discontinued district, when the liability was incurred. (2677) If a part of a district is separated from it by annexation to another, or by the erection of a new district, the old district still retains all its property and is responsible for all its debts, unless some other provision is made by the act authorizing the separation. (40 M. 13.) Divisions and awards of moneys, funds, etc., made by the county board, are governed by the rules applicable to other awards. Technical precision is not re- quired, but there must be no uncertainty as to intention. (67 M. 402.) Upon a division of a district, the county board cannot abrogate nor modify contracts of the old district; but should make an order fixing the liability arising out of such contracts. The old district is liable on contracts entered into prior to division, unless the county board provide otherwise. (Young, p. 201.) An old district, out of a part of which a new district has been formed, cannot afterwards vote a tax upon the new district to pay bonds issued prior to such division; but in case of failure of the new district to levy its share of the tax, the county auditor under section 787, R. L., may levy its proportionate share and extend it on the tax lists. Such tax should be levied upon both real and per- sonal property. (Young, p. 183.) A tax levied, but not collected, before the division, is subject to distribution. (Childs, June 29, 1894.) Upon division of a school district moneys on hand raised for the purpose of building a school house are subject to division. (Childs, Sept. 18, 1893.) The county board, in proceedings for change of boundaries, cannot include land not referred to in the petition and not represented at the hearing; and if it does, the district court, on appeal, may modify the order so that such land shall be restored to its proper district. (120 M. 443.) The county board may enlarge a district having wholly within its limits an incorporated village of the character specified by the statute, by incuding lands wholly within the village but contiguous to the district. (153 N. W. Rep. 253.) If prior to the issuance of bonds voted by a consolidated district ,the county board detaches certain territory from the district in question the territory would be relieved from the bonded indebtedness. (Smith, Sept. 15, 1916.) 8. Same; cities and villages— When any incorporated borough, village or city of seven thousand or less inhabitants, has within its limits a school district, however organized, or is wholly or partly included within the boun- daries of any school district, however organized, or whenever any such school district shall include within its boundaries part or the whole of any incorporated borough, village or city of seven thousand inhabitants or less, the boundaries of any such district or districts may be enlarged or changed 8 SO as to include all lands within the corporate limits of such borough, city or village or so as to include lands within and outside of such incorporated borough, city or village, but contiguous to said district in the following manner, to-wit : Whenever a majority of the legal voters residing within such school district shall petition the board of county commissioners of the county wherein such district is situated for an enlargement of such district, and shall file a petition with the auditor of said county, it shall be the' duty of the board of county commissioners at its next regular meeting, or special meeting, to set a time and place for hearing upon such petition, and it shall cause a copy of the notice of such hearing to be posted in some public place in each district to be affected by such proposed change, and a copy thereof to be served upon the clerk of each of said districts, at least ten (10) days before the time appointed for such hearing. The posting of such copy of notice shall be proven by the affidavit of the person posting the same; said affidavit shall state the time and place of posting and serving of the copy of notice as herein specified, and upon filing proof of the posting and serving of such notice in the office of the county auditor the board of county commissioners shall at the time and place fixed, pro- ceed with the consideration of such matter and shall hear all evidence offered by any person interested, tending to show what territory should be included within such district, and having heard the evidence they shall, if they find it conducive to the good of the inhabitants of the territory affected, proceed to enlarge the said school district as asked for in the petition, and to fix the boundaries thereof and of all the remaining school districts thereby affected, attaching to or detaching contiguous territory to or from any such districts, in such manner as in their judgment the best in- terests of the persons and districts thereby affected may require; provided, that no action or order changing any boundaries of any school district shall be valid unless and until the foregoing requirements as to posting and serving of notices have been observed; and provided further, that when- ever the territory affected by any of the foregoing proceedings lies in three or more counties, like proceedings shall be had in- each county affected, and no order in such proceedings shall be valid unless concurred in by the county commissioners may also apportion to said districts so enlarged Land within the petitioning district is "territory affected" within the mean- ing of section 2677, G. S. 191.1. The interests of the rural school district from which lands are to he detached should not he considered independently from the interests of the urban district to which the lands are to be attached so that the change should not be made if not conducive to the interests of the inhabitants of either of the districts. (134 M. 82.) The county board may enlarge a school district having wholly within its limits an incorporated village of the character specified in section 2fi77, G S 1913 by Including lands wholly without such village but contiguous thereto. (130 M. 25.') 9. Same; apportionment of funds — At the time of making such division, enlargement or change of boundaries, the county commissioners shall apportion to the district so enlarged that portion of the debts of said other districts as may seem to them right and proper, and said apportion- ment when so made shall be binding upon all the districts affected, and the county commissioners may also apportion to said districts so enlarged, such portion of the property of such other districts as shall seem to them just and proper. Said last mentioned apportionment shall be subject to review by the district court. (2677) 10. Same; appeal— And provided further, that any person or officer of any school district aggrieved by any order of the county board made pursuant to the provisions of this section, may appeal to the district court from such order, such appeal to be governed by the provisions of section 2676. (2677) 11. Annexation of additional territory to school districts— The school board of any school district in the state desiring to have land adjacent to or projecting into such district, set off as and made a part of said district, may petition the board of county commissioners of the county in which such district is located, therein setting forth the name and kind of district involved, a description of the land in question, the name of the owner thereof, and the reasons for the request, which said board upon the receipt of such petition, shall give a notice of a hearing thereon as in other cases, and upon proof of the allegations in the petition, may make its order granting the same, and like notice of such change in the boundaries of such district shall be given as in other cases, (c. 236, Laws 1919.) 12. Same; setting land off to adjoining district — When any freeholder shall present to the board of any county a petition, verified by him, stating that he owns land in such county adjoining any district therein, or sepa- rated therefrom by not more than one-quarter section, and that such inter- vening land is vacant and unoccupied, or that its owner is unknown, and that he desires his said land, together with such intervening land, set off to such adjoining district, and his reasons for asking such change, the board, upon notice and hearing as in other cases, and upon proof of all the allega- tions of the petition, may make its order granting the same, and like notice of such change shall be given as in other cases; Provided; that any person or officer of any school district aggrieved by any order of the county board made pursuant to the provisions of this section, or by any order of the county board, made on the rehearing before it of any such petition, may appeal to the district court from such order, such appeal to be governed by the provisions of section 2676, General Statutes, 1913. (2704, as amended by chapter 113, Laws 1915.) The petition required is not a pleading- and need not be drawn with the formality of a pleading. On appeal to the district court the only question is whether the board acted arbitrarily, fraudulently or oppressively without keeping the best interests of the territory in view. (131 M. 79.) 13. Same; division of funds where new school districts are formed — • That whenever the boundaries of any school district are changed, or when a school district is formed from territory comprising two or more districts, or when any school district is divided, the county board shall make a division of all moneys, funds and credits belonging to such districts and shall make an award of such moneys, funds and credits to the district or districts affected by such change, and in making such award the com- missioners shall take into consideration the indebtedness, if any, of th? district so divided, and shall make such division as they deem just and equitable. (2696) At the time of making the order for the formation of a new district, the coun- ty commissioners should arrange for a division of the funds and credits between the school districts affected by such order, upon an equitable basis, but if the division is not made at that time, it can be made at a later meeting of the board although the safer course is as first stated. It is not necessary for the petition for the formation of a new school district to call for a division of the funds; such a division is provided by law. (Simpson, June 24, 1909.) When the county board has made an order detaching territory from a school district, as provided by Chapter 13, G. L. 1909, and an appeal has been taken from the order of the district court, and the matter is pending there, such appeal suspends the operation of the order, and until it is determined the status of the territory in question remains the same as though no order had been entered, and is taxable in the old district. (Simpson, November 8, 1909.) Section 2696 applies to all money in the treasury at the time of organization of new district, including funds for the construction of a new schoolhouse in the old district; and, the division of such a fund is not unlawful diversion of funds raised for a specific purpose. (126 M. 209.) The division of funds under Section 2696 rests in the sound discretion of the board; and the courts will not interfere where it does not appear such exercise of discretion has been arbitrary. (126 M. 209.) 14. Same; duties of county auditor — When a school district has been formed from territory comprising two or more districts, or where a school district has been divided and the county board has, by resolution, made a division of the moneys, funds and credits belonging to such districts, the auditor of the county shall be required to make a division of all the moneys, funds and credits evidenced by the records in his office pursuant to and as required by said resolution. (2697) 15. Same; districts in two or more counties — Whenever the territory affected by any of the foregoing proceedings lies in two or more counties, like proceedings shall be had in each county affected, and no order in such proceedings shall be valid unless concurred in by the county boards of all such counties. (2682) 16. Same; rehearing before county board — When the boundaries of any district have been changed by order of the county board, if there shall be filed with the auditor a petition to such board for rehearing, signed by not less than five freeholders, legal voters in said district, the auditor shall present the same to the board at its next meeting. The board shall there- upon set a time and place for rehearing, and shall cause notice thereof to be served on the clerks of the districts affected by such change, and posted as in case of the original petition. The hearing may be adjourned from time to time, and the board shall make such order in the premises as it shall deem just. (2703) 17. Same; districts to be composed of adjoining territory — All districts shall be composed of adjoining territory, and any part of a district not so situated, and not containing a school house used as such, shall be by the county board, upon notice as in other cases, attached to a proper district. (2705) 18. Same; plats and description of districts — The county auditor shall keep in his office books containing a correct plat and description of each district organized, whether wholly or partly in his county. (2706) 19. Change of common to independent district — Any common or special district may be changed to an independent district as hereinafter provided. (2698) A common school district may organize as an independent one at a special meeting; and if the board, prior to organization, has entered into contracts with teachers, such contracts are valid, and the district will be bound to pay such teachers for five months from the date specified in the contracts as the date when the school shall commence. (Young, p. 195.) 20. Same; notice of meeting — To effect such change, ten days' posted notice of a meeting shall be given, signed by six or more resident free- holders, stating the object of the meeting, and notifying the voters of said district to assemble upon a specified day, at a place in said district named in said notice, then and there to vote by ballot upon the question of or- ganization as an independent district. (2699) 21. Same; vote upon change — At the time and place mentioned in said notice, the electors assembled shall appoint a chairman, assistant chairman and clerk, who shall be the judges of such election. The voting shall be by ballot, and those favoring such change shall write upon their ballots, "Independent district — Yes," and those against, "Independent dis- trict—No." (2700) Women have a right to vote on the question of change from common to Inde- pendent school districts, and on all questions involving the interests of the dis- trict. (Donahower, p. 132.) 22. Same; meeting to elect officers — If a majority of votes cast be in favor of the change, the clerk shall forthwith give notice thereof to the county auditor, and, within twenty days thereafter, shall call a meeting to elect officers, upon ten days' posted notice, and the same proceeding shall thereafter be had as in the organization of other independent districts; and the officers of the common or special district shall act as officers of the new district until the qualification of officers and organization of th« new board. (2701) 23. Change of independent to common district — Any independent dis- trict may change its organization to that of a common school district by a vote, by ballot of two-thirds of the electors voting upon the question at any annual or special meeting, notice having been given that such question would be submitted at such meeting. In case of such affirmative vote, the meeting shall elect the proper officers in the same manner as in the organ- ization of a common school district, and the chairman, treasurer, and clerk of the independent district shall be the chairman, treasurer, and clerk, respectively and shall constitute the board of the ccmmon district until their successors shall qualify, and the common district shall in all things be the successor of the independent district. (2702) 24. Consolidation of districts — Two or more school districts of any kind may consolidate either by the formation of a new district or by the annexation of one or more districts or unorganized territory to an existing district in which is maintained a state graded, semi-graded, or high school as hereinafter provided. A district so formed by consolidation or annexation shall be known as a consolidated school district. Before any steps are taken to organize a consolidated school district, the superintendent of the county in which the major portion of territory is situated, from which it is proposed to form a consolidated school district, shall cause a plat to be made showing the size and boundaries of the new district, the location of school houses in the several districts, the location of other adjoining school districts and of school houses therein, and the assessed valuation of property in the proposed district, together with such information as may be of essential value, and submit the same to the superintendent of education, who shall approve, modify, or reject the plan so proposed, and certify his conclusions to the county superintendent of schools. (Section 1, chapter 238, Laws 1915.) In consolidation proceedings, a plat not in strict conformity with the statute but accepted and approved by the county and state superintendents and made the basis of all subsequent proceedings, is irregular merely but does not affect the jurisdiction of the proceedings. (122 M. 3S9.) The petition for an election on the question of consolidation of districts must state the location of the districts by naming the county and state. (153 N. W. Rep. 112.) Before a county superintendent is authorized to call an election to consolidate school districts the petitions for consolidatin must state the locations of the districts naming the county and state wherein they are located. (130 M. 54.) May two or more school districts, having a combined area of less than twelve sections, consolidate under the provisions of chapter 238, Session Laws of 1915? Your inquiry is answered in the affirmative. (Smith, 1919.) 25. Petition for formation — Signatures required — After approval by the superintendent of education of the plan for the formation of a consolidated school district, and upon presentation to the county superintendent of a petition signed and acknowledged by at least twenty-five (25) per cent of the resident freeholders of each school district or area affected, qualified to vote at school meetings, who have been such freeholders for at least thirty (30) days immediately preceding the signing and acknowledging of the petition, asking for the formation of a consolidated school district in accordance with the plans approved by the superintendent of education, the county superintendent shall, within ten days, cause ten days' posted notice to be given in each district affected, and one week's published notice, if there be a newspaper published in such district, of an election or special meeting to be held within the proposed district, at a time and place specified in such notice, to vote upon the question of consolidation. (Sec. 3, c, 238, Laws 1915, as amended by c. 470, Laws 1919.) One who holds a land contract for the conveyance of land in consideration of a conveyance agreed to be made by him of other land is a freeholder. (140 M. 479.) Tbouph upon a vote of a school district the proposition of consolidating with another district was lost the same question can be voted upon again provided the proper preliminaries are carried out. (Smith, May 21, 1915.) A signer of a petition for the formation of a consolidated school district may- withdraw his name from such petition and such withdrawal if made prior to the time action is taken thereon operates to take his name from the petition. If made after art ion is taken a.s for Instance by publishing or posting a notice, such withdrawal is ineffective. (Smith, April 20, 1915.) You state that a question has arisen in a proceeding of that kind in your county as to what is meant by a '"resident freeholder." A petition for the forma- tion of a consolidated school district contains names of persons who are not owners of land situated within the school district, but who hold contracts for deed of cer- tain tracts therein. Such persons, for the reason that the conracts have not ma- tured, are not entitled as yet to a deed. You ask whether these parties who hold such contracts for deed are to be considered as freeholders in the meaning of the law above referred to. In my opinion, your inquiry should be answered in the affirmative, provided the persons in question are, under the terms of the contract, entitled to and are in actual possession of the land in question. (Smith, April 3, 1915.) On the question of consolidation, the petition for an election is jurisdictional, and it must be signed by the number of legal voters of each district required by the statute, namely 25 per cent; and a petition signed by less is wholly inef- fectual. (122 M. 390.) Two or more petitions may be circulated, one in each district, instead of one specified by the statute, in proceedings for consolidation of districts. (122 M. 389.) Election notices posted on Sunday where they remain on the following Mon- day, which was the last day for posting, are valid; and when so posted on Sun- day it is to be presumed they remained posted on the following Monday. (127 M. S4.) The posting of a notice of meeting for voting on consolidation in one place, instead of three places, is not sufficient. (Smith, May 4, 1915.) A special school meeting, called for the purpose of voting on the question of consolidation, may be held at the same time the annual meeting is held. Separate ballots and separate ballot box should be used. (Hilton, July, 1919.) 26. Same; election; liability of consolidated district — At such meeting the electors shall elect from their number a chairman and clerk who shall be the officers of the meeting. The chairman shall appoint two tellers, and the meeting and election shall be conducted as are annual meetings in common and independent districts. The vote at such election or meeting shall be by ballot, which shall read "For Consolidation," or "Against Consolidation." The officers at such meeting or election shall, within ten days thereafter, certify the result of the vote to the superintendent of the county in which such district mainly lies. If a majority of the votes cast be for consolida- tion, the county superintendent within ten days thereafter shall make proper orders to give effect to such vote, and shall thereafter transmit a copy thereof to the auditor of each county in which any part of any dis- trict affected lies, and to the clerk of each district affected, and also to the superintendent of education. If the order be for the formation of a new district, it shall specify the number of such district. The county super- intendent shall also cause ten days' posted notice, and one week's published notice, if there be a newspaper published in such district, to be given of a meeting to elect officers of the newly formed consolidated school district; provided, that the board of a consolidated district shall from and after the formation of the consolidated district have all the powers, privileges and duties, now conferred by law upon boards of independent districts. After the formation of any consolidated school district, appeal may be taken as now provided by law in connection with the formation of other school districts. Nothing in this act shall be construed to transfer the liability of existing bonded indebtedness from the district or territory against which it was originally incurred. Provided that when territory of an adjoining district is attached to the consolidated district subsequent to consolidation proceedings, such new territory so subsequently attached shall be liable for its proportionate share of any bond, or other then outstanding indebtedness, incurred by the consolidated district for the construction of school buildings or the purchase of school equipment, but shall not be liable for any portion of any indebtedness incurred by any constituent territory from which said consolidated district was formed, which indebted- ness was so incurred prior to the consolidation. 8 Participation in the election on the question of consolidation does not estop those who oppose consolidation from, questioning the validity of the election. (122 M. 384.) After the order for consolidation, official acts of officers of a de facto school district are valid, even though the proceedings are defective under the statute. (122 M. 391.) On appeal in consolidation proceedings, the appellant may be heard to insist that the officers charged with the conduct of the proceedings had no jurisdiction or that the consolidation was against the best interests of the territory affected. (122 M. 387.) On appeal in consolidation proceedings, the county superintendent is not a necessary party. (122 M. 392.) On appeal, information and consolidation proceedings, the district court has power to pass upon the questions of jurisdiction of officers, and whether or not the consolidation is arbitrary and unreasonably injurious to the rights of those affected. (122 M. 384.) Section 3, chapter 207, provides that the bonded indebtedness of any district existing at the time of the consolidation, shall not be transferred from the district or territory against which it was originally incurred. Further, chapter 264, of the last session laws, which is in fact' a re-enactment of a previous law, provides that no change in the boundaries of a district shall in any way effect the lia- bilities of territory so changed upon any bond or other obligation. Existing law directly provides that bonds of school districts shall remain a lien against and Shall be paid for by the school district which originally incurred the bonds, and the payment of the bonded indebtedness cannot be extended over or taxed against any other property which may be incorporated with the bonded school district by reason of consolidation or other changes in boundary. (Smith, March 6, 1912.) 27. Same; of district with another having high, graded or semi-graded school — In like manner, one or more school districts may be consolidated with an existing district in which is maintained a state high or graded, or semi-graded school in a district containing an incorporated village, in which case the school board of the district maintaining a state high or graded or semi-graded school in a district containing an incorporated village, shall continue to be the board governing the consolidated school district, until the next annual school election, when successors to the members whose terms then expire shall be elected by the legally qualified voters of the consolidated school district; provided, however, that in the case of consolidation with a school district in which there is maintained a state high or graded, or semi-graded school in a district containing an incorpo- rated village consolidation shall be effected by a vote of the rural school dis- tricts only, in the manner provided under this act, and by the approval of such consolidation of the rural school district or districts with the one in which there is maintained a state high or graded, or semi-graded school in a district containing an incorporated village, by the school board thereof. Provided, that the provisions in this section shall be applicable to a district that has an area not exceeding one (1) mile square in which there is con- tained a voting school population of one hundred (100) voters or more, (Section 5, chapter 238, Laws 1915, as amended by chapter 410, Laws 1917.) Where a common school district is consolidated with another in which is maintained a state graded school, the consolidated district so formed does not become an independent district except upon compliance with all the requirements of the law; and until such full compliance, the organization of the district con- taining such state graded or high school continues, and the board of that district remains the board of the consolidated district. (Smith, July 31, 1913.) 28. Same; of unorganized with existing district — In like manner any portion of an unorganized school district or district governed by a county board of education may be consolidated with an existing district in which is maintained a state high, graded or semi-graded school, by a vote of the county board of education in the county in which is located such unor- ganized territory and by the approval of such consolidation of the unorgan- ized territory by the school board of the district in which is maintained a state graded, semi-graded or high school. (Section 6, chapter 238,. Laws 1915.) / ... 29. Same; certificate of; transfer of records and property— The officers of the several districts forming a consolidated school district shall within ten days from receipt of copy of the order of th^e county superintendent certifying the formation of the new district, or immediately after election and qualification of members of the school board in the consolidated school district, turn over to the proper officers of the newly elected school board, or to the proper officers of the school board in the distiict maintaining i lie state high or graded, or semi-graded school, all records, funds, credits, buildings, property and other effects of their several districts. (Section 7, chapter 238, Laws 1915.) Before consolidation it is competent for a school board if authorized at a properly called school meeting, to sell its schoolhouse, such sale to be condi- tioned on the consolidations becoming effective. (Smith, Feb. 8, 1915.) 30. Same; power to provide schools, sites, transportation facilities — For the purpose of promoting a better condition in rural schools, and to encourage industrial training, including the elements of agriculture, manual training and home economics, the board in a consolidated school district is authorized to establish schools of two or more departments, provide for the transportation of pupils, or expend a reasonable amount for room and board of pupils whose attendance at school can more economically and conveniently be provided for by such means; locate and acquire sites of not less than two acres, and erect necessary and suitable buildings there- on, including a suitable dwelling for teachers, when money therefor has been voted by the district. They shall submit to the superintendent of education a plat of the school grounds, indicating the site of the proposed buildings, plans and specifications for the school building and its equip- ment, and the equipment of the premises. (Section 8, chapter 238, Laws 1915.) A board in a consolidated district may direct its bus to travel along a certain road and require pupils residing within a half a mile to walk to such road for transportation. (Hilton, October 3, 1918.) The school board and not the district determines the amount, within funds available, which shall be paid a bus driver. (Smith, August 10, 1917.) 31. Same; classification of, for state aid — (1) For receiving state aid for transportation, schools in consolidated districts shall be in session at least eight months in the year and be well organized. They shall have suitable school houses with the necessary rooms and equipment. The board in a consolidated school district shall arrange for the attendance of all pupils living two miles or more from the school, through suitable provision for transportation or for the boarding and rooming of such pupils as may be more economically and conveniently provided for by such means. (2) Besides maintaining schools in consolidated districts conforming to the above requirements the school board may maintain other schools of not more than two departments, and receive state aid for these schools as pro- vided for ungraded elementary schools. (Section 9, chapter 238, Laws 1915, as amended by chapter 349, Laws 1921.) 32. Same; qualification of principal of, for state aid — The principal of a consolidated school shall be qualified to teach the elements of agri- culture, as determined by such tests as are required by the superintendent of education. A school of this class shall have suitable rooms and equip- ment for industrial and other work, a library, and necessary apparatus and equipment for efficient work, and a course of study embracing such branches as may be prescribed by the superintendent of education. (2) The principal and other teachers, including special teachers, shall have such qualifications as may be fixed by the superintendent of education. (Section 10, chapter 238, Laws 1915.) 33. Consolidation of schools — including parts of districts — Consolida- tion of school districts of any kind may be effected as provided by existing law, except that parts of one or more districts may be included in the vote on consolidation and become a part of a consolidated district as herein- after provided. (Section 1, chapter 387, Laws 1917.) 10 34. Same; approval of plat by state superintendent — Before any steps are taken to include a part of a school district in a proposed consolidated district the superintendent of the county in which the major portion of the territory is situated from which it is proposed to form such consolida- tion shall, in addition to the general plat provided for, cause a special plat to be made of the portion of any district proposed to be included in said consolidation. This special plat shall show the location of the entire original district with respect to the proposed consolidated district, the valuation and area of the original district, the valuation and area of thai part of the district to be included in the consolidation together with such other information as may be of essential value. The county superintendent of schools shall submit these plats to the superintendent of education who, after taking into account a proper division of the property and of any floating debt of the original district and considering the educational in- terests of the community to be affected, shall approve, modify or reject the plan so proposed and shall certify his conclusions to the county super- intendent of schools. When a plan for consolidation as above referred to has been approved by the superintendent of education, each part of one or more districts thus included shall, for purposes of consolidation, be regarded as an entire district and be subject to the laws and procedure for consolidation of entire districts, provided a petition signed and acknowl- edged by at least one-third of the resident freeholders from each such part of a district is presented to the county superintendent of schools asking for the formation of said consolidation and provided further that said petition for including a part of a district is approved by the board of the school district effected. (Section 22, chapter 387, Laws 1917.) 35. Same; independent district; election of board — When consolidation is effected by a vote of two or more districts or parts of districts, the new district shall thereby become an independent district with the powers, duties and privileges now conferred by law upon independent districts. The county superintendent of schools shall cause a ten-days' notice and one week's published notice, if there be a newspaper published in such district, to be given at a meeting to elect officers of the newly-formed con- solidated district. The new board shall be elected in the same manner as now provided when a common district changes to an independent district. (Section 3, chapter 387, Laws 1917.) 36. Same; bonded indebtedness of school districts — When a school dis- trict not located in an incorporated city or village shall become a part of a consolidated district and is bonded for the erection of a school building, the proceeds from the sale of said building and site, if sold, shall be applied on the payment of said bonds. The voters of a consolidated district, may, after its formation of a majority vote, take over and assume liability for the payment of the bonded debt of each district or part df a district entering into the consolidation except the bonded debt of any district containing in whole or in part an incorporated city or village. The clerk of the consolidated district shall in case such bond assumption vote carries, give proper notice thereof to the auditor of each county in which any part of such consolidated district is situated. (Section 4, chapter 387, Laws 1917.) 37. Same; title to property, officers — In case of the formation of a new district, like proceedings shall be had within ten days after the organ- ization of such district, and in all cases of change of boundaries or con- solidation of districts the title to school houses and sites shall vest in the district in which such property is included after such change or consolida- tion; and in case of consolidation the officers of the old districts shall continue to exercise their duties until the officers of the new district qualify. (2695) 38. Dissolution of districts— Any district in which for two years no school has been held may be dissolved by the county board, and its ter- 11 ritory attached to one or more existing districts, upon notice as in other cases of change of boundaries, in the most equitable manner possible, and with regard to the convenience of the inhabitants; and any funds belong- ing to such dissolved district alter the payment of its debts shall be distributed among such districts by the auditor in proportion to the assessed value of the real property so attached to each. (2685) A county board has authority, on its own initiative, to dissolve a school dis- trict in which a school has not been maintained for two years or more, provided the required notice has been given; and a petition is not necessary. (Smith, May 3, 1913.) 39. Same; petition for; approval of county superintendent — Any com- mon school district in any county having a county board of education may be dissolved, annulled and discontinued by the county board as here- inafter provided. A petition requesting the taking of such action shall be presented to said county board and shall contain a correct description of the territory included in said district, the number of persons residing therein, the total assessed valuation of all property within said district, and request that such district be dissolved, annulled and discontinued. Such petition shall be signed by a majority of the freeholders qualified to vote for school officers in said district and before being presented to the county board it shall be approved by the county superintendent of schools if such petition meets with his approval, and it shall also be approved by the county board of education. (2789) 40. Same; notice of hearing petition of county board — Upon the presentation of such petition approved as aforesaid, the county board shall designate a time for hearing the same and notice thereof shall be given in the manner provided by law for notice in the case of the formation of the school district. (2790) 41. Same; appeal from action of board — At such hearing the board shall act in a manner similar to the action provided by law for the forma- tion of districts, and any person aggrieved may appeal in like manner. (2791) 42. Same; county board; disposition of funds — If said petition is granted by the county board, then said school district shall from that time cease to exist and all of the territory thereof and the schools previously conducted by it shall then come under the jurisdiction of the county board of education of said county, and shall thereafter be managed by said county board of education in the same manner as if said district had never been organized. And it shall be the duty of the officers of said vacated school district to forthwith deliver to the county auditor of said county all of the books and records of said school district, and to the county treasurer all of the money and school funds in its possession, and said county treasurer shall forthwith credit all such moneys and school funds to the account of the county board of education of such county. The county treasurer shall thereafter credit to the account of said county board of education all moneys and school funds thereafter collected from any previous tax levy made by said school district, except such moneys and school funds as are derived from taxes levied for the purpose of paying the bonds or interest on the bonds of any such school district. (2792) 43. Same; outstanding obligations — 'All incurred and outstanding ob- ligations of any district so discontinued and vacated shall be and remain a charge upon the property formerly within said district to the same effect as if said district had not been discontinued, and the county auditor shall each year levy against all of the taxable property within the limits of said former school district a sufficient levy, not to exceed the maximum pro- vided by law, for the cancellation and liquidation of such outstanding in- debtedness, such levy to be made year after year until said entire in- -■: . 12 debtedness is cancelled and extinguished. And the amount levied by the county board of education upon all taxable property in unorganized ter- ritory shall be levied upon the property within the limits of said former school district in addition to the amount so levied by said auditor and in the same proportion that it is levied upon the taxable property in said county outside of organized school districts. (2793) 44. Same; certain counties exempt — This act shall not apply to anv county or counties not having a county board of education as provided by chapter 76, General Laws 1907. (2794) 45. Consolidation of schools; payment of indebtedness of old districts — Whenever any school district has heretofore been included in a consoli- dated school district, the bonded and floating indebtedness of such old school district existing at the time of the going into effect of such con- solidation shall be paid in the manner following: A. Each year the county auditor shall extend a tax against the terri- tory chargeable with the payment of any outstanding bond for an amount sufficient to pay the interest or installment of principal due upon such bond in the year following. Such tax when so collected shall be turned over by the county treasurer to the treasurer of the consolidated school district, who shall keep the same in a separate fund and use the money so received for the payment of such interest or installment of principal. In case, either because all of said taxes so levied are not paid or for any other reason, the amount so raised by such tax levy shall not be sufficient to pay such in- terest or installment of principal, then the amount so remaining unpaid for such year shall be included in the levy to be made the following year. B. The county auditor shall also levy a sufficient tax against the ter- ritory which was included in the old school district at the time the con- solidation to pay the outstanding liabilities of such old district, excepting bonded indebtedness, as such outstanding liability may be represented by school district orders duly issued prior to such consolidation. The money collected from such tax levy shall be by the county treasurer paid over to the treasurer of the consolidated school district, who shall keep the same in a separate fund and therefrom pay such outstanding school district orders with interest thereon. In case the money so collected shall not be sufficient to pay all of such outstanding orders with interest thereon, then the county auditor shall the following year levy a tax sufficient to pay such residuum so unpaid, and so continue from year to year until full payment has been made. C. In case any such old school district included in a consolidated school district has outstanding obligations not represented by bonds or school dis- trict orders, the claims against such old school district may be presented to the board of the consolidated district, and if found correct may be allowed by said board and school district orders issued therefor against the terri- tory included in such old school district to be so designated, and money to pay the same shall be provided by tax levy, and the county auditor, county treasurer and consolidated district treasurer shall take the same procedure and perform the same duties and acts as in Paragraph B hereof provided. D- The school board of a consolidated district in which was included any school district having a bonded indebtedness may refund such bonded indebtednness by a three-fourths vote of the members of such school board and issue refunding bonds therefor which shall be chargeable against the territory that was chargeable with the payment of the bonds so proposed to be refunded. Such refunding bonds shall not run for a period shorter than five years nor longer than twenty years. The first refunding bond shall be due six years from the date of its issuance and shall be for not less than one-tenth of the bond issue in question nor more than one-fifth thereof, and each subsequent bond shall be for a like amount and shall be payable one year from the due date of the bond to be paid the preceding year. The 13 county auditor shall extend a tax against all the territory chargeable in the first instance with the payment of the old bonds sufficient to pay the in- terest on such refunding bonds and any installment of principal that may be due in the following year. Such tax for the first year shall be fifty per cent in excess of the amount to be due the succeeding year, and thereafter each yearly levy shall be in such amount in excess, not exceeding fifty per cent of the amount to be due the succeeding year, as the auditor may deem necessary. The county.treasurer, upon the collection of such tax, shall apply the proceeds thereof to the payment of such interest or installment of prin- cipal, and shall file with the county auditor receipts therefor, together with the cancelled bonds so taken up. The state board of investment may invest the funds under its control in refunding bonds so issued under the pro- visions of this paragraph. , E. Whenever any person has a claim against a school district which has been included in a consolidated district, which claim is not represented by a bond or school district order and which claim the consolidated district school board will not allow and issue a school district order therefor as pro- vided in Paragraph C hereof, such person may institute action in the proper court against the territory included in such old school district at the time of the consolidation by serving a summons and complaint upon the consolidated district school board, which board shall defend such action in behalf of the territory affected. In case judgment is secured by any such person on any such claim, then upon filing a certified copy of such judgment with the county auditor, such county auditor shall proceed by the levy substantially as provided in Paragraph B hereof and the money so received from such tax levy shall be paid by the county treasurer in payment of such judg- ment. (Section 1, chapter 432, Laws 1917.) 46. Such moneys so received by the county treasurer and by the treasurer of the consolidated district shall be considered as county and school district moneys so received by them respectively, and such treasurers and their bondsmen shall be liable for the proper care and distribution thereof to the same extent as they are liable .'or other county and school district funds that may be received by them. (Section 2, chapter 432, Laws 1917.) 47. Consolidation of school districts within village or city of fourth class — When an incorporated village or a city of the fourth class contains two or more school districts of any kind situated wholly or in part within the corporate limits of such village or city, when only one of such districts maintains a state high school, such districts may be consolidated and form one district in the manner hereinafter provided. (Section 1, chapter 453, Laws 1917.) 48. Same; state superintendent of education to consider advisability of consolidation — Whenever a petition signed and acknowledged by at least twenty-five per cent of the legal voters of each school district affected shall be presented to the state commissioner of education requesting that the said districts be united to form one district, and requesting the said state commissioner to call an election within each affected district to vote upon the consolidating of such districts, the state commissioner of education shall make proper inquiry as to the advisability of such proposed consolida- tion, and if he shall deem it for the best interest of education therein and of the territory affected, he shall order an election to determine the ques- tion of such proposed consolidation to be held within each of the districts affected. Notice of such election shall be given by posted and published notice as required by law for the consolidation of school districts. Such elections shall be conducted in the same manner as are annual school elections in independent districts. The vote shall be by ballots which shall read "For Consolidation," or "Against Consolidation." (Section 2, chapter 453, Laws 1917, as amended by chapter 441, Laws 1921.) Electors present should choose a chairman and clerk pro tem to take charge 14 of meeting. The chairman should appoint two tellers to take and canvass the votes. The chairman and clerk should certify the result of the election to the county auditor and state superintendent of education. (Hilton, June 15, 191S.) 49. Same; certifying election — The officers of such election shall certify and make return of the result of the election to the State Commis- sioner of Education. If a majority of the legal votes cast at such election in each school district shall be in favor of such consolidation such district shall be consolidated and the state commissioner of education, within ten days after the result of such certification and return, shall make an order to give effect to such vote and declare the consolidation, specifying the number of such new district and transmit a copy thereof to the auditor of each county in which any part of any district affected lies and to the clerk of each district affected. After the formation of any consolidated school district under this act any person aggrieved may appeal from said order of the commissioner de- claring such consolidation to the district court of the county as now pro- vided by law in connection with the formation of other school districts. (Section 3, chapter 453, Laws 1917, as amended by chapter 441, Laws 1921.) The superintendent's order should be made on a certified copy of the return of the officers of the election at which consolidation was voted. (Hilton, June 15, 1918.) 50. Same; existing indebtedness — Nothing in this act shall be con- strued to transfer the liability of existing indebtedness from the district or territory against which it was originally incurred. (Section 4, chapter 453, Laws 1917.) 51. Same; state aid — A consolidation formed under this act shall not entitle the district to any of the state aid for consolidated schools unless the district and its schools conform in all respects to thp provision; tor consolidated schools under chapter 238, General Laws of 1915. (Section 5, chapter 453, Laws 1917.) CHAPTER II. SCHOOL MEETINGS. 52. Annual meeting — The annual meeting of all common and inde- pendent districts shall be held on the third Saturday in July, at 7 o'clock p. m., unless a different hour has been fixed at the preceding annual meet- ing, upon ten days' posted notice given by the clerk, and specifying the matters to come before such meeting; but the failure of the clerk to give such notice, or to specify the business to be transacted thereat shall not affect the validity of any business, except the raising of money to build or purchase a school house, the authorizing of an issue of bonds, the fix- ing of a school house site, the organization as an independent district, or the change from an independent to a common district. The boards of education or trustees in special school districts may fix the time of the annual meeting, when so authorized by vote of the district; provided .that the polls at all school meetings shall be held open at least one hour. (2710) The time and place of an annual mooting need not be designated at the last preceding annual meeting. (12 M. 17) (Gil. 1.) A notice of mer-ting over the signature of five or more freeholders, qualified electors of the district, but which fails to recite on its face that the signers were such freeholders, is not void for want of such recital. (45 M. 88.) When the polls at a school meeting have been held open for one hour and the ballots counted, they cannot thereafter be opened and another ballot taken, even when there has been no choice. At the election of school officers, a plurality of votes only is necessary to a choice, and not a majority of all the votes cast under section 1308, R. L. (Young, July, 1906.) IS A school meeting may be held open until the business is transacted, whether it be for an hour or more, under section 1305. (Young, p. 185.) The term "posted notice" shall mean the posting at the beginning of the pre- scribed period of notice of a copy of the notice or document referred to, in a manner likely to attract attention, in each of three of the most public places in the district to which the subject-matter of the notice relates, or in which the thing of which notice is given to occur or be performed. (Sub. 14, Section 5614, R. L. 1905.) The legal voters at the annual or at a special meeting have no power to select a teacher, or to determine what salary shall be paid. These are questions for the district board, which "gets its authority, not from the voters, but from the law." The right of a teacher to vote at the place where she is teaching depends entirely upon whether or not she is a resident of that place; and residence is largely a matter of intention. If she is a resident, that is, intends to make it her permanent home, she is entitled to vote, otherwise not. (Young, May, 1907.) The mere fact that a man owns a farm in a school district does not entitle him to vote therein at the annual school meeting. If he is a resident of an ad- joining district, and is otherwise qualified, that is the place for him to vote. (Simpson, July 9, 1909.) The polls at a bond issue election must be held open at least one hour; but the board may specify the hour. (Hilton, April 25, 1919.) Notice of the annual meeting must contain a provision for raising money for building purposes, or such action cannot be taken, as the electors must be fully apprised of the fact that such matter will come before the meeting for consideration, to make any action thereon legal. (Simpson, July 22, 1909.) It is not necessary that the question of providing transportation for children to and from the school be inserted in the call for the annual school meeting, but the district can take such action at the meeting without it being stated in the call that the question will be considered. (Simpson, Aug. 4, 1910.) Before the question of a change of a school house site can be acted on, a meeting must be called as provided by law, in the notice of which the question must be stated clearly and definitely as to the object of the meeting; where the law provides that a petition or request shall be signed by five freeholders and voters of the district, it is nescessary that such signers be both freeholders and voters; and women have the right to sign such petitions when they are free- holders and voters. (Simpson, Sept. 19, 1910.) A record of a meeting which states that it was held "pursuant to notice previously given in writing agreeably to the statute" is prima facie evidence of a regular notice. (12 M. 17) Gil. 1.) A person who is a candidate for re-election at a school meeting, may act in an official capacity at such meeting. (Young, p. 204.) 53. Powers of annual school meetings— The annual meeting, not less than five legal voters being present, shall have power: 1. To elect a chairman and clerk pro tern, if the chairman and clerk of the board be absent; but in common and independent districts the chair- man and clerk of the school board shall officiate in their respective capacities at all meetings of the electors of the district. 2. To adjourn from time to time. 3. To elect by ballot officers of the district. In all elections or vote by ballot, the clerk shall record the names of all voters participating therein, and the chairman shall appoint as tellers two disinterested electors, who, with the assistance of "the clerk, shall supervise the balloting and canvass the votes. District officers must be elected by ballot. (Wilson, p. 352.) The proceedings of a school meeting presided over by a moderator not elected in due form are valid if no objection be made at the time. (Hahn, p. 477.) The law requires that the election of school district officers must be by ballot, and that the polls shall remain open for one hour, and the election of officers by acclamation is not in compliance with law, and can in no way be considered a legal election. (Simpson, July 22, 1909.) Section 1308, R. L. 1905, empowers the annual meeting of a school district "to elect by ballot officers of the district." The law does not now, as it formerly did,- require that an officer be elected by, a majority of all votes cast, and a- pluralit'y vote Is sufficient. (Simpson, Jime' 17, 1909.) 4. To designate a site for a school house, and provide for building or otherwise placing a school house thereon, when proper notice has been 16 given, but a site on which a school house stands or is begun shall not be changed, except by vote therefor, designating a new site, by a majority of the legal voters of the district, who have resided therein not less than one year prior to the vote. If a school district, at a properly called meeting, votes to change the present school house site, and locate the school building upon a new site, at a definite place, and the district cannot make satisfactory terms with the land owner, then the school district, by proper proceedings in court, can have the necessary land condemned. (Simpson, May 17, 1910.) It is not competent for the voters at a school district meeting to apoint a building- committee for a new schoolhouse. It is the business of the board to attend to the managment of such building, and this power and duty cannot be taken from them by a district meeting. (Smith, May 12, 1914.) It is not competent for the district at any meeting thereof, to delegate to the board the designation of a schoolhouse site. (Smith, .) Where a district election is A school board cannot sell or buy schoolhouse sites without an election called for the purpose of voting- upon such sales and purchases. (Smith, April 18, 1916.) A school board is justified in excluding from school a person who has been exposed to smallpox during the period that there was danger of imparting the disease to others. (132 M. 375.) Discretionary powers must exist in a board of public officers to determine when and to what extent persons in their employment should be excused bv reason of sickness or temporary disability; and unless it is clear such power has been abused, it should be overruled or discredited. (O'Deary vs. Board of Education 93 N. Y. 1. 45 Am. Reports 156.) The board of a common district has power to exclude a child from school if such child is of such mental disposition as tends materially to be detrimental to the proper conduct of the school and to work an injury by detracting to an appreciable extent from the efficient instruction therein. The question is largely one of fact to be determined in each particular case. (Smith, August 3, 1914.) A school board has power to employ a person to supervise the play of pupils during school hours, and also to direct th^ir recreation during the time when school work is not being carried on. (Smith, July 14, 1917.) Schoolboard has authority to require children to submit to a dental examina- tion. (Hilton, October, 1919.) A failure to maintain school or provide for instruction in a nearby district exposes the members of the board responsible therefor to* the penalty perscribed by section 2902, G. S. 1913. (Hilton, April, 1920.) A school district cannot maintain a waterworks systen jointly with the town. (Hilton, June 8, 1918.) A school board may make a rule forbidding pupils to enter school buildings or grounds before half past eight in the morning and one o'clock in the afternoon. (Smith, Sept. 26, 1917.) Either the school board or the local board of health, acting upon orders from the state board of health, may order the schools closed because of an epidemic; but only the school board may order them opened. (Hilton, Octber 21, 1918.) 11. In all proper cases, prosecute and defend actions by or against the district. (2746, amended by c. 25, Laws 1915.) ' Under sec. 1320, subd. 11, R. L., the board may prosecute an action against the treasurer when he refuses or fails to turn over to his successor in office any portion of the district funds in his hands. (Young, p. 385.) A school district is not responsible in damages on account of an accident sus- tained on the school grounds. (Hilton, September, 1919.) 77. Additional powers of board — The school board may also: (1) Provide for the admission to the school of the district of non- resident pupils, and those above school age, and fix the rates of tuition for such pupils. Provided, in case a person has real property in, and pays taxes there- on, in a common or an independent school district other than the one in which he resides, then such person shall be admitted to all the benefits of such other school, the same as the residents therein, and if the owner of less than 80 acres therein, he shall be admitted to all the benefits of said school the same as residents therein, upon conforming to such reason- able terms for tuition as the board of education of such school district may have established for non-residents, except that he shall be entitled to have the amount of school taxes which he pays to the support of said district applied in payment of said tuition fees. Provided, further, that nothing in this act shall be so construed as to authorize any person who may receive any of the benefits or privileges of this act to vote at any school district meeting of the school district within which he may receive such benefits or privileges, but of which he is not a member. The question of whether a person is an actual resident of a school district is one which depends upon the facts in the case. (91 M. 268.) The board has sole power to admit non-resident pupils to the school. Non- residents cannot attend without its permission, and it may withdraw such per- mission at any time. (Young, p. 196.) 29 Under sec. 1321, R. L., the board has the sole power to fix the rate of tuition •for non-resident pupils. It may take into consideration the relations of such non- nesidents to the district; and If such non-residents pay taxes in the district, it may fix a lower or nominal rati- of tuition in their cases. (Young, p. 200.) The riffht of a child to free tuition depends upon the residence of such child without regard to the residence of Its parents. If such child comes into the dis- trict for the mere purpose of attending school, the board may, in its discretion, charge tuition, or exclude him altogether. On the other hand, a child who ac- tually resides In the district is entitled to school privileges without charge. The question of actual residence is one to be determined from all the facts in each case. (Young, p. 177.) Under sec. 1321, R. L., a parent or guardian may send his children to any school he pleases, either in the district of his residence, or in another, by com- plying with the regulations of the board of such other districts as to tuition, etc. (Young, p. 201.) The school hoard may charge non-resident pupils the cost price of books and supplies used by them. (Young, p. 196.) The privilege, extended to the owner of land in a school district in which he does not reside, of having the amount of tax paid by him on his land applied on the tuition of his children in case he wishes to send them to the school of such district, does not extend to the tenant or renter on such land. (Young, p. 207.) Pupils attending school in a district of which they are not residents, registered as paying book-rent, shall not be counted for drawing apportionment, under sec. 1321 and 1346, R. L. (Young, p. 1S5.) One owing more than eighty acres of land in a district of which he is not a resident, is entitled to send his children to school in such district without paying tuition: but if he owns less than eighty acres, he should be admitted to all bene- fits of such district upon conforming to such reasonable tuition charges as the board has established for non-residents and is entitled to have the school taxes he pays to support such district applied upon tuition. In either case he is not entitled to votp at the meetings of the district construing chapter 445, Laws 1907. (Young, May, 1907.) (2) Establish and organize, alter and discontinue, such grades of schools as they may deem expedient. (3) Authorize the use of any schoolhouse in the district for divine worship, Sunday schools, public meetings, elections and such other similar purposes as in their judgment, will not interfere with its use for school purposes: but before permitting such use, the board mav require the bond of some responsible party, in the penal sum of one hundred dollars, condi- tioned for the proper use of such schoolhouse, the payment of all rent, and the repair of all damage occasioned by such use, and they may charge and collect for the use of the district from the persons using such schoolhouse such reasonable compensation as they may fix. Under chapter 417. Laws of 1917. a school board is given authority to permit the use of a schoolhouse for paroch'al school during vacations, hut not during anv other period of the year. A reasonable rental must be charged for such use. (Hilton, May. 1920.) (4) Subject to such rules and regulations as they shall adopt; provide for the free transportation to and from school, at the expense of the dis- tricts, of all pupils residing more than one-half mile from the schoolhouse, for the whole or such part of the school year as they may deem expedient; and in school districts situated in more than one county shall provide such transportation during the months of October, November, December, Janu- ary, February, March and April for all pupiis residing two miles or more from the schoolhouse, and who are not less than six years of age nor more than sixteen years of age; and shall require from every person employed for that purpose a reasonable bond for the faithful discharge of his duties, as prescribed by the board. Athoush a school board is empowered to provide for the free transportation to and from school at the expanse of the district of all pupils residing more than one-half mile from the schoolhouse, for the whole or such part of the school year as thev may deem expedient, such board is not compelled to do so. (Simpson, Sepf. 21, 1910.) Permission given to school boards to provide free transportation for children has only to do with transportation to the public schools, and such board cannot furnish transportation to pupils attending parochial schools. (Simpson, Nov. 16, 1910.) 30 A school board of a common school district not containing ten townships or more has no right to pay board and lodging for children attending school in that district. (Smith, Jan. 6, 1915.) A pupil residing without a consolidated district but whose father owns land within it is entitled to transportation if he presents himself within the district on the usual course of the bus. (Smith, January 12, 191S.) School board has no authority to provide transportation facilities for children attending a private school. (Hilton, October, 1919.) A district that has employed a bonded driver for a transportation bus is not liable in damages for injuries sustained by pupils while being transported to or from the school house. (Hilton, Nov. 1919.) (5) Make rules and regulations respecting the protection of the property of the district, and prescribe penalties for a breach thereof, to be recovered for the use of the district as penalties in other cases, before a justice of the peace, and change or appeal such rules. (2747, as amended by chapter 417, Laws of 1917.) 78. Special duties of board in common school districts — The school board of every common school district shall submit to the annual school meeting an estimate of the expenses of the district for the coming year for five-months school, and for such further time as it may be decided by the meeting to hold school, and for such other specified purposes as the board may deem proper, and, if such meeting shall fail to vote a sufficient tax to maintain a school for such time, the board shall levy such tax; but no such school board shall expend any money or incur any liability for any purpose beyond the sum appropriated by vote of the district for such pur- pose, or levied by the board pursuant to this section, or on hand and applic- able thereto. When the district lias decided by vote at any legal meeting to open more than one school, the board shall provide for opening such school or schools, and assign to each a proper number of pupils. (2756) 79. School board; power to admit pupils from other district — The child or children of any person in this state not resident within the limits of any incorporated city or village of this state, and residing more than two miles by the nearest traveled road from the schoolhouse in the district where such child or children reside, are hereby authorized to attend school at a school or schoolhouse in an adjoining district nearer to such residence than the said schoolhouse in the said district where such child or children re- side, upon such reasonable terms as shall be fixed by the school board of such adjoining district, upon application of the parents or guardian of such child or children. In ca c e such parent or guardian is not satisfied or can- not comply with the terms and conditions- fixed and determined by the school board of such adjoining district, and shall applv to The State Superin- tendent of Public Instruction for that purpose, the State Superintendent of Public Instruction shall give such notice of such application to the clerk of the school board of such adjoining district as shall be determined by such Superintendent of Fublic Instruction, and shall after such notice, decide such application and fix such terms and conditions for the attendance of such chiUl or children in such adjoining district as shall be just and reason- able, and thereupon such child or children may attend such school in such adjoining district upon compliance with the terms fixed by such superin- tendent of public instruction, the same in other respects as if resident in the district where such schoolhouse is situated. Provided that nothing herein contained shall be construed as repealing, amending or modifying the provisions of section 1321. Revisi d Laws of 1W*. as amended by chapter 445, of the General Laws of Minnesota, 1907. (2751) 80. Public evening schools for adults— The school board of any school district or unorganizpd territory may establish and maintain public evening schools as a branch of the public schools, and such evening schools when so maintained shall be available to all persons over sixteen years of age who from any cause, are unable to attend the full time school of such dis- trict- and such evening schools and the general conduct thereof shall be under the direction and control of the State Board of Education. (Section 31 1, chapter 356, Laws 1919, as amended bv section 1, chapter 350, Laws 1921.) 81. Same; investigation by the State Board of Education — The State Board of Education is hereby authorized and directed to make such in- vestigation as may be necessary to advance the purposes of this act and to carry out the provisions thereof. (Section 2, chapter 356, Laws 1919, as amended by section 2, chapter 350, Laws 1921.) 82. Same; payment of salaries — One-half the salaries of all teachers who teach in evening schools shall be paid from state funds or state and federal funds combined in so far as such funds are made available. Such payment shall be made upon verified statements of account presented to the State Commissioner of Education by the clerks of the respective school dis- tricts or by the county superintendent of schools. (Section 3, chapter 356, Laws 1919, as amended by section 3, chapter 350, Laws 1921.) 83. Instruction of pupils in adjoining district — The school board of any district, when it deems it advisable, may provide for the instruction of its pupils in an adjoining district, and in such case may discontinue the schools of its own district or of any grades or departments in said schools, and provide for the free transportation of the pupils of its own district to the school in an adjoining or nearby district. The teachers shall keep the registers separately for the pupils from such district discontinuing its* schools, and shall return the registers and make separate records to the clerk of such district and to the county superintendent, of the number and names of pupils, with their attendance, and such district shall retain its organization and shall be entitled to public money, including the special state aid granted to ungraded elementary schools, under such rules as may be fixed by the commissioner of education, except that state apportionment for non-resident pupils enrolled in the high school department shall go to the districts in which the high school is located. Such aid shall be paid from appropriation made for common schools. (Section 2750, as amended by section 15, chapter 497, Laws 1921.) The provisions for transportation to, and education in an adjoining district are obligatory on the board if the home school is discontinued. (Hilton, Feb. 11, 1919.) Board need not furnish transportation for high school pupils unless it main- tained a high school when schools were closed. (Hilton, Jan. 15, 1919.) 84. Sites for agricultural schools — That the board of education or other governing body of any school district in the State of Minnesota, in which in- struction in agriculture is afforded, be and hereby is authorized and em- powered to purchase or otherwise acquire by condemnation proceedings as provided for acquiring schoolhouse sites in the name and in behalf of such school district, a suitable tract of land either within or without the limits of such school district, to be used for the purpose of instruction, experi- mentation and demonstration in agriculture. The provisions of this act shall apply as well to districts organized under special acts as under the general laws, notwithstanding any provisions or restrictions in the laws under which the same are organized. (2748-9) A school district may acquire land by condemnation proceedings under the exercise of the right of eminent domain for school purposes. (124 M. 272.) The broad of education of an independent district has power to purchase land at fair prices for the purposes of agricultural instruction, without the vote or sanction of the electors. (Smith, June 12, 1913.) 85. Power of consolidated districts to acquire sites — The school board of any consolidated school district which does not contain within its limits an incorporated city or village may purchase or acquire by condemnation proceedings, as provided by law for acquiring schoolhouse sites, in the name and on behalf of such school district, a suitable tract of land within the limits of said district to be used for the purpose of erecting buildings thereon for use for dwelling purposes by teachers or other employees of 32 said district, and may erect such buildings on said tract or on any other real estate owned by such district. The school board of any such district may also sell, lease or other- wise dispose of such property so built or acquired when deemed advisable and for the best interests of the districts. (Chapter 358, Laws 1915.) 86. School board members made peace officers — Members of school boards in common or consolidated school districts shall be peace officers, and may suppress disorder and make arrests for any disorderly conduct, or breach of peace, in any schoolhouse or on any school grounds, in their respective districts, and may command the assistance of all persons. (2758) 87. Contracts; advertisement for bids — No contract for work or labor, or for the purchase of furniture, fixtures, or other property, or for the con- struction or repair of schoolhouses, the estimated cost or value of which shall exceed five hundred dollars ($500.00), shall be made by the school board of any common or independent school district without first advertis- ing for bids or proposals in some newspaper of the county by two (2) weeks' published notice in the city or village located nearest to the school district in which such contracts are proposed to be let, or some newspaper pub- lished in the county seat in such county. Such notice shall state the time and place of awarding the contract, and contain a brief description of the work to be performed, materials to be furnished or building to be con- structed or repaired. (2773) Note— See also sections 8245-8249, G. S. 1913. 88. Contracts; letting contracts — Every such contract shall be awarded to the lowest responsible bidder, shall be duly executed in writing, and the person to whom the same is awarded shall give a sufficient bond to the board for its faithful performance, and otherwise conditioned as required by sections 4535, 4536, 4537 and 4538, Revised Laws, 1905 as amended. If no satisfactory bid is received, the board may re-advertise. Every contract made without compliance with the provisions of this act shall be void; provided, that in case of the destruction of buildings or injury thereto, where the public interests would suffer by delay, contracts for repairs may be made without advertising for bids. (2774) School board not authorized to let contracts for work on a cost plus basis. (Hilton, June, 1919.) 89. Municipalities to keep records of cost of public works — Notices of costs shall be printed — Whenever a county, city, village, borough, school district or other political subdivision of the State of Minnesota, or any public agency of such municipality or politcal subdivision, shall determine that any public work or construction is necessary to be done either by con- tract or by day labor, or otherwise, an estimate of the cost thereof shall be made, and if such estimate shall exceed the sum of fifteen hundred dollars ($1,500) the total amount of such estimate shall be published in the otlicial newspaper of such county, municipality, or political subdivision. If there be no such official paper, the same shall be published in a legal newspaper of the county in which the work is to be done. If the estimated cost of such public work or construction exceeds the sum of fifteen hundred dollars ($1,500), such municipality, political subdivision, or public agency shall keep and preserve an accurate record and account of such work and con- struction, and of the cost thereof, whether it be done by contract or by day labor or otherwise. Provided, that where such estimate is published as part of the official proceeding of the governing body of such municipality, public agency or political subdivision, no further publication shall be re- quired under the provisions hereof. (Section 1, chapter 274, Laws 1921.) 90. Same; What shall be shown In account— The said account shall ihow in accurately tabulated form, under appropriate heads, the totals of all classes, kinds and descriptions of work performed and of materials en- 33 tering into such public work or construction, and the cost to such munici- pality, political subdivision or public agency of each, including the cost of all materials, supplies and services furnished or paid for by said municipality, political subdivision or public agency; and the cost of all labor, when said work or construction is done by day labor, when such public work or con- struction is done by contract the prices paid to the contractor for, and the amounts paid to him for each class, kind or description of work performed, and materials furnished; and in all cases, the cost of all overhead, the cost of engineering, and all other expenses, involved in the total cost of such public work or construction, which total shall be tabulated and distinctly shown. (Section 2, chapter 274, Laws 1921.) 91. Same; total costs shall be published— The total cost of such public work or construction, upon completion thereof, shall be published in a legal newspaper in the county, city, town, borough or school district in which said work is done, if there be such newspaper published therein. If not, then in some legal newspaper published at the county seat of the county in which said work or construction is performed. (Section 3, chapter 274, Laws 1921.) 92. Same; records to be open to public — Certified copies — The records and accounts hereinabove required to be made and kept, shall be open to inspection by the public at all reasonable times. Certified copies thereof shall be furnished to any citizen of this state on demand, on payment of the legal fee for making and certifying the same. (Section 4, chapter 274, Laws 1921.) 93. Supplies for schools may be purchased by members of board in certain cases and not to exceed $25 per annum — Members of any school board in any common school district in this state employing not more thai* three (3) teachers are hereby authorized and permitted to contract with, do work for, and furnish supplies to such districts when authority therefor is given by the full school board. Provided, that the bills for such claims shall not exceed twenty-five ($25.00) dollars per annum and that they must be allowed at a board meeting by the unanimous vote of the entire school board. All such bills shall be duly itemized and a full and complete itemized report shall be made at the annual school meeting. (Chapter 306, Laws 1919.) 94. Special duties of board in independent districts — In addition to the duties hereinbefore imposed, the school board of each independent school district shall: 1. Make, and, when deemed advisable, change or repeal, rules relating to the organization and management of such board and the duties of its officers. 2. Provide by levy of tax necessary funds for the conduct of schools, the payment of indebtedness, and all proper expenses of the district. (2757) In an independent district, the board, and not the electors, should determine the length of school to be held; under sec. 1325, It. L. 1905. (Young, p. 181.) 95. Additional powers of boards in independent districts — The school board of any independent district may also: 1. Establish and maintain public evening schools as a branch of the public schools, and such evening schools, when so maintained, shall afford a continuous session of not less than two hours on each school day, shall be available to all persons over ten years of age who from any cause are unable to attend the public day schools, and attendance at such evening schools shall entitle such district maintaining the same to its pro rata apportionment of state school funds for all pupils not over twenty-one years of age, the same as if such pupils attended the day schools of such 34 district. Except as herein provided, such evening schools shall be under the same regulations as day schools of like grade. 2. Establish and maintain one or more kindergartens for the instruc- tion of children above four and under six years of age. 3. Receive, for the benefit of the district, bequests, donations, or gifts for any proper purpose, and apply the same to the purpose designated. 4. Remove for proper cause any member or officer of the board, and fill the vacancy: but such removal must be by a concurrent vote of at least four members, at a meeting of whose time, place, and object he has been duly notified, with the reasons of such proposed removal, and after an opportunity to be heard in his own defence. (2752) It is within the power of the board of education of an independent district to employ a visiting nurse to assist and inspect the children as to health and to visit the absent in their homes and give treatment and directions as shall be found necessary, provided such action reasonably promotes the educational advancement of the pupils in the district: and her compensation rests in the discretion of the board. (Smith, January, 1913.) The function of such visiting nurse, the work she is to perform, and her com- pensation, rests largely in the discretion of the board; and such discretion rests on the promotion of the educational advancement of the pupils of the district. Such nurse should confine her activities to the examinatiin of school children as to health condition and to the making of reports thereon in such a way as to best bring about a change of unhealthful conditions and by way of suggestions as to remedies for situations found. It is hardly within her province to give treat- ment. The performance of her duties should be confined to matters that have to do with the health of the children from the standpoint of the public welfare, and should not include anything that more than incidentally affects the welfare of private individuals. (Smith, January 13, 1913.) 96. School board: Power to control school activities — In addition to the powers now or hereafter conferred by law upon the school board of any school district in this state, such school board may and upon vote of the district shall take charge of and control all school and quasi school activities of the teachers and children of the public schools in that dis- trict held in the school buildings or school grounds or under the super- vision or direction of the school board and to that end adopt rules and regulations for the conduct of athletic, oratorical, musical, dramatic and other contests and entertainments in which the schools of such districts of any class or pupils therein may participate. All moneys received on ac- count of such entertainments and contests shall be turned over to the school district treasurer who shall keep the same in a separate fund to be known as the "school auxiliary fund," to be disbursed for expenses con- nected with such entertainments or contests, or otherwise by the school board upon properly allowed itemized claims. Any donations to the school district for specific objects and purposes and other than for the primary purposes of the district, shall be placed in the fund hereinbefore referred to and in like manner disbursed; the request of the donor or donors thereof being complied with in regard to the purpose of such disbursements, if the school board shall consider that the interest of the district will be promoted thereby. (Section 1, chapter 112, Laws 1917.) 97. Same — No such school or quasi school entertainment or contest in any district in which the school board shall act under the provisions of this chapter shall be participated in by the teachers or pupils in the public schools of such district, nor shall the school name or any allied name be used in connection therewith, except by consent and direction of the school board. (Section 2, chapter 112, Laws 1917.) 98 Duties of Superintendent in independent districts— The superin- tendent in independent or special districts shall visit the schools of the district, and exercise a general supervision over them, and report their condition to the board, with proper recommendations, when he deems It advisable, or when requested by the board. He shall superintend the grad- ing of the schools and examinations for promotion, and shall perform such 35 other duties as the board shall prescribe. He shall make, either directly to the state superintendent, or through county suprintendent, such reports as shall be required. (2768) 99. Compensation of officers in Independent districts — The olerk, treasurer, and superintendent of independent districts shall receive such compensation as may be fixed by the board. No officer or member of any school board shall receive pay as such, except as provided in this chapter. (2771) 100. Powers, duties and compensation of chairman in common districts — The chairman, when present, shall preside at all meetings of the boara and of the district, except when a moderator has been chosen; shall counter- sign all orders upon the treasurer for claims allowed by the board; shall represent the district in all actions; and shall perform all the duties usually incumbent on such officer. In case of absence, inability or refusal of the clerk to draw orders for the payment of money authorized by a vote of the majority of the board to be paid, the orders may be drawn by the chairman, and paid by the treasurer, a statement thereof, with a copy of such orders, being deliv- ered to the clerk by the treasurer, or the office of the clerk may be declared vacant by the chairman and trasurer, and filled by appointment. The chairman may receive as compensation such an amount as may be determined at the regular school meeting of the district, but such com- pensation shall not exceed six dollars in any one year. (2767) 101. Duties of clerk in common districts — The clerk shall keep in books provided for that purpose a record of all meetings of the district and the board. He shall, within three days after the meeting, notify all persons elected upon any school board or as officers of any district of their election, and, on or before August 10 in each year, make and transmit to the county superintendent a certified report, showing: 1. The condition and value of school property. 2. The receipts and disbursements in detail, and such other financial matters as may be called for by the state superintendent. 3. The annual arrangement of terms of schools, and the grading, if any thereof. 4. The names and postoffice addresses of all trustees and other officers. 5. Such other items of information as may be called for by the state superintendent. He shall enter in his record book copies of all his reports and of the teachers' term reports, as they appear in the registers, and of the pro- ceedings of any meeting as furnished him by the clerk pro tern., and shall keep an itemized account of all the expenses of the district; and in common districts he shall report to the county superintendent the time of commence- ment of each term at least two weeks in advance. He shall furnish to the county auditor or auditors of the proper county or counties, on or before October 10 of each year, an attested copy of his record, showing the amount of money voted by the district or the board for school purposes; shall draw and sign all orders upon the treasurer for the payment of money for bills allowed by the board for salaries of officers or for teachers' wages, to be countersigned by the chairman. Such orders shall state the consideration, payee, and fund, and the clerk shall take a receipt therefor. Teachers' wages shall have preference in the order in which they become due, and no money applicable for teachers' wages from the current school fund shall be used for any other purpose, nor shall teachers' wages be paid from any fund except that raised or apportioned for that purpose. (2759) 36 A school district clerk may not be employed as janitor and receive compen- sation therefor. (Smith, October 17, 1917.) The issuance of an order by the clerk of a district to pay the wages of a teacher known by him not to have been licensed to teach, is an unlawful diversion of the funds of the district, and subjects him to the penalty provided by law. (31 M. 333) The clerk should draw orders for payment of tachers' wages as due, without requiring a bill therefor to be first allowed by the board. (126 M. 367.) School district warrants (orders) can be issued only where there are funds in the district treasury available for the payment of the same, or in anticipation of the collection of taxes which, when collected, will be available for such purpose. (Hilton, December, 1919.) 102. Compensation of clerk in common districts — The clerk of each common district shall be paid at the rate of two per cent of the cash disbursements for the year, upon making his annual report to the super- intendent as required by law accurately and in proper time; such compen- sation shall not exceed six dollars in any one year, unless a greater com- pensation has been voted at a meeting of the district upon a notice stating that action would be had at such meeting respecting such increase of compensation; provided that in no case shall the compensation of the clerk as herein provided exceed fifty dollars ($50.00) for any one year. Such payment shall be made by the treasurer upon a certificate of the superin- tendent that such clerk is entitled thereto. (2769) The fixing the compensation of treasurer at one annual meeting has no effect upon his salary for a subsequent yeax. The treasurer is not entitled as a matter of right to 2 per cent of moneys handled by him during any year. 103. Duties of treasurer in common districts — The treasurer shall receive and be responsible for all moneys of the district, and shall disburse the same on orders signed by the clerk and countersigned by the chairman, or other vouchers authorized by law. Each order shall state the fund on which it is drawn, the name of the payee, and the nature of the claim for which such order is issued. He shall keep an account of each fund, and of all receipts and disbursements, showing the source of such receipts and nature and purpose of such disbursements, and within three days preceding the annual meeting shall file with the clerk a detailed financial statement of the district, showing all receipts and disbursement, and the nature of the same, the moneys on hand and the purposes to which the same are applicable, the credits of the districts, and its outstanding liabilities, and the nature thereof. Such report, together with his vouchers, shall be examined by the board, and, if found correct, approved by resolution, entered in the records. If incomplete or inaccurate a further or amended report may be required by the board. Such report, when complete, shall be laid before the annual meeting, to be in like manner approved. He shall make such further reports as may from time to time be called for by the board, and shall perform all duties usually incumbent on such officers. Every order drawn for the payment of teachers' wages, and for any other lawful purpose, after having been presented to the treasurer for payment, and not paid for want of funds, shall be endorsed by the treasurer by putting on the back thereof the words, "Not paid for want of funds," giving the date of indorsement and signed by the treasurer. A record of such presentment, non-payment and indorsement, shall be made by the treasurer. Every such order shall bear interest, at the rate of 6 per cent per annum from the date of presentment, until the treasurer serves a written notice upon the payee or his assignee, personally, or by mail, that he is prepared to pay such order, such notice may be directed to the payee or his assignee at the address given in writing by such payee or assignee to such treasurer, at any time prior to the service of such notice; no order shall draw any interest if such address is not given when the same is unknown to the treasurer. (2760) When the treasurer has lost district funds by burglary, without bis own fault, he and his bondsmen are liable for the loss; and a vote of the district to discharge him from the obligation is of no effect. (44 M. 427.) 37 The treasurer of a district is not required to allow certificates of deposits to remain on deposit in the bank which issued them; but he may convert them into money if he desires. (98 M. 535.) The treasurer who mingles school funds with his own, but who is able and willing at all times to pay all legal orders of the district, and accounts for all money received during his term at the end of his term, is not liable after such accounting and after the end of his term. (98 M. 535.) "Has the treasurer authority to recognize by payment an order signed by the clerk only?" It will be observed that it is only when attested by the director that the treasurer is authorized to pay. Paragraph 94 of this compilation provides If or the payment of orders signed by the director alone in case of the absence, in- ability or refusal of the clerk to draw orders. (Hahn, p. 509.) The law implies that the books and moneys shall be turned over to the newly elected treasurer at once, when he shall have qualified, and refusal on the part of the old incumbent to thus comply with the law would subject him to prosecution. It is embezzlement for a school district treasurer to refuse to ac- count to his successor in office and withold from him the moneys of the dis- trict. (Childs, June 7, 1S93.) A person who executes any of the functions of a public office without having executed and duly filed the required security is guilty of a misdemeanor, and in addition to the punishment prescribed therefor, he forfeits his right to the of- fice. (Penal Code.) A failure on the part of a treasurer-elect to execute a bond within the re- quired time makes it the duty of the director and clerk to appoint another treas- urer. (Childs, July 8, 1892.) There is no provision of law for a deputy district treasurer. Removal of the treasurer from the district creates a vacancy in the office which should be filled by appointment. (Donahower, p. 137.) Under section 1327, R. L.., the treasurer of a district is authorized to pay out money only upon orders signed by the clerk and countersigned by the chairman; and if he wilfully violates this provision, he may be punished under section 4796, R. Li., or called to an accounting in a civil action. (Young, p. 203.) Under section 1327, R. L., the treasurer must submit a detailed statement of the finances of the district to board three days before the annual meeting; and such statement should be examined by the board and, when complete, should be laid before the annual meeting for approval. If the board is not satisfied with such statement, or has reason to believe it is not correct, it may bring suit upon the bond of the treasurer and try the whole matter in court. (Young, p. 387.) , The law does not provide that school orders presented to the district treas- urer and indorsed "Not paid for want of funds," shall be paid by the treasurer in the order in which they have been refused, when there are available funds in the treasury for the payment of such orders, but it is suggested that that course of procedure should be followed, and the orders redeemed in the order in which they have been presented and refused, unless there is some good reason for contrary action. (Simpson, May 19, 1909., A school district treasurer cannot enter into a contract with the district for the transportation of children to and from school, and if he does so he becomes liable for committing a gross misdemeanor, under section 5032, R. L. 1905. (Simp- son, September 15, 1909.) A retiring treasurer should deliver canceled warrants together with other official records to his successor in office. (Smith, August 29, 1917.) 104. Bond of treasurer— Every school district treasurer shall give bond to the state in a sum equal to twice the amount of money that will probably- come into his hands during any one year of his term, to be approved by the board and filed with the clerk, conditioned for the faithful discharge of his official duties. The chairman and clerk may at any time require such treasurer to give a new bond, and, upon his failure to give bond as required by this section, they may declare the office vacant, and appoint a successor; provided, however, that if the said bond so furnished by the treasurer be that of a surety company, authorized to do business in the State of Minnesota, then the amount of such bond shall be equal to the amount of money that will probably come into his hands during any one year of his term. (2761) The act of one director and clerk of a district in approving the treasurer's bond is one requiring the exercise of judgement and discretion, and is therefore a judicial act. (72 M. 37.) The statute requiring the treasurer's bond to be in double the amount of money that shall come into his hands, means the aggregate amount that will come into his hands, and not the probable amount that will be in his hands at any one time. (72 M. 37.) The bond of treasurer should be in a sum equal to twice the amount of money 38 that will probably come into his hands during any one year of his term; and must be approved by the board and filed with the clerk. If such bond be one furnished by a surety company authorized to do business in the state, its amount shall be equal to the amount of money wh'ch will probably come into his hands during any one year of his term. (Smith, July 30, 1914.) 105. Compensation of treasurer in common district — The treasurer of such district may receive as compensation such an amount as shall be determined at the regular school meeting of the district, not exceeding, however, twenty-five dollars per annum, which shall be allowed only after his annual report shall have been approved by the board. (2770) The treasurer of a school district cannot receive money for his services unless the same be voted to him at the annual meeting after his report has been audited and approved by the board; and then it cannot exceed $25.00 per year. (Smith, July 30, 1914.) Action at annual meeting fixing compensation of treasurer for the preceding year has no effect upon his compensation for any subsequent year. (Smith, July 30, 1914.) The treasurer is not entitled as a matter of right, to 2 per cent of all moneys handled by him during the yeaf. (Smith, July 30, 1914.) Two things must concur in order that a treasurer may receive his compensa- tion, viz.: approval of his annual report; the vote of the annual school meeting fixing his compensation. (Simpson, July 20, 1910.) 106. Appointment of clerk in special districts — The board of education in any special school district in the State of Minnesota at its annual meet- ing for organization, may, at its option, appoint as its clerk or secretary a person not a member of such board, and may make provision for his com- pensation in accordance with existing law. (2741) 107. Opinion of attorney general — If any difference of opinion arises between school officers, or any doubt as to the proper construction of any part of this chapter, or as to their powers or duties, the state superintendent at the request of any such officer, shall submit such question to the attorney general, who shall give his written opinion thereon to such superintendent and such opinion shall be binding until annulled or overruled by a court (2775) • pfejtip 108. School officers may select depository — The officers of the several common and independent school districts in this state may in their discre- tion, select and designate as a depository or depositories for school district moneys, any national or state bank, or banks, for a period not exceeding three years on the execution of such bank or banks, of a sufficient bond to the school district in double the sum deposited, except in cases where the bond furnished is that of a surety company authorized to do business in the State of Minnesota, and in such cases the amount of bond shall be equal to the estimated sum to be deposited, to be approved by the board and filed in the office of the county auditor of the county where in said school district may be situated, and thereupon may require the treasurer to deposit all or any part of the school district's money in such bank or banks. Such designation shall be in writing and shall set forth all the terms and conditions upon which the deposits are made, be signed by the chairman and clerk or president and clerk, as the case may be, and filed with the clerk. That thereupon such bank or banks shall become a legal depository or depositories for school district moneys and thereafter the school district treasurer shall deposit such school district moneys therein as he shall be required from time to time to deposit by such school district officers. (2763) A school board may designate more than one bank as a depository. (Smith, Feb. 11, 1916.) 109. Treasurer to be exempt from liability — The school district treas- urer and the sureties on his bond shall be exempt from liability to the school district by reason of the loss of any funds of such school district deposited in any such bank or banks from the failure, bankruptcy or other 39 acts of such bank or banks to the extent and amount of such funds in such bank or banks at the time of such failure or bankruptcy. (2764) If a school board has properly designated a bank as a depository, a proper bond having been furnished and accepted, it becomes the duty of the treasurer to deposit the funds of the district in such bank, and, faliing to do so, he is per- sonally responsible for such funds, and if they are lost he and his bondsmen can be held therefor. Action in mandamus will lie to compel him to deposit the funds in the designated depository. (Simpson, August 19, 1909.) 110. Interest computed monthly — All interest on moneys deposited, as hereinbefore provided, shall be computed on monthly balances, and become the property of said school district. (2765) 111. Officers not allowed additional compensation — No additional com- pensation or fees shall be paid any of the school district officers by reason of any of the provisions of this act. (2766) SCHOOL BOARDS IN UNORGANIZED TERRITORY. 112. School boards in unorganized territory— The power of providing for the education of children of school age residing in any unorganized ter- ritory within the State of Minnesota shall be vested in the county board of education for unorganized territory of the county where such unorganized territory is situated. (Section 1, chapter 328, Laws 1921.) 113. Same; county board how constituted — The chairman of the board of county commissioners, the county superintendent of schools, and the county treasurer shall, ex-officio, compose the county board of education for unorganized territory in each county within the state. (Section 2, chap- ter 328, Laws 1921.) 114. Same; organization of board — The chairman of the county board of commissioners shall be the chairman of the county board of education; the county treasurer shall be treasurer of said board; the county superin- tendent of schools shall be the clerk of said board of education. The county board of education may also employ such clerical and stenographic and supervisory help as may be needed who shall perform such other ser- vices as the board may direct. (Section 3, chapter 328, Laws 1921.) 115. Same; compensation of board — For their services performed under the provisions of this act, the chairman of said board of education shall be paid three dollars ($3.00) per day for the time actually employed by him as such chairman and ten cents (10c) per mile for distance actually trav- eled by him in performance of his said duties, not exceeding the total sum of four hundred dollars ($400) in any one year for such mileage and per diem; the treasurer of said board shall be paid one per cent (1%) and the clerk one per cent (1%) of the cash disbursements for the year, but only after all reports required by law have been made in conformity thereto; provided, that, this section shall not apply to counties having a population of more than 225,000. (Section 4, chapter 328, Laws 1921.) 116. Same; meetings of board — The county board of education for un- organized territory shall meet once each month at the county seat at a time to be fixed by the board, for the purpose of transacting the business of said board, consider petitions, reports from teachers, audit and pay bills, etc. The board may also hold special meetings as may be deemed neces- sary. (Section 5, chapter 328, Laws 1921.) 117. Same; reports of clerk — It shall be the duty of the county superin- tendent as clerk of the county board of education to make reports similar to those made by the clerk of organized districts. (Section 6, chapter 328, Laws 1921.) Annually on the first Tuesday after the first Monday in August, the clerk of such board shall make a full and accurate statement ot the re- 40 ceipts and disbursements of such board for the preceding school year, which shall contain a full and correct description of each item, from whom and on what account received, to whom paid and on what account expended, together with an accurate statement of the finances of said county board of education at the end of such year, including all debts and liabilities and the assets to discharge the same, and within thirty days thereafter the said county board of education shall cause the same to be published once in a legal newspaper published in the county; which paper, in counties having over one hundred thousand population, shall be a daily paper. (Section 6, chapter 328, Laws 1921.) 118. Same; tax levy for schools — 'The said board of education shall, annually, on the third Saturday of July, make a levy on all property situ- ated in unorganized territory of the county for the purpose of providing schools, teachers, transportation of pupils, board of pupils, textbooks, ap- paratus, school supplies, etc., for the education of children, residing within such territory. This tax levy shall be known as the special unorganized school levy and it shall be so spread on the tax lists by the county auditor. (Section 7, chapter 328, Laws 1921.) 119. Same; duty of board to furnish school facilities— 'ch flaa: for each ot the school buildings of their respective districts, together with a suitable staff for the display thereof outside of such school building and proper ar- rangement for the display thereof within such building and a suitable recep- tacle for the safe-keeping of such flag when not in use, as by this act directed, at all times. (Section 2, chapter 313, Laws 1917.) 177. Holidays— The word "holiday" shall include New Year's Day, Jan- uary 1st; Lincoln's Birthday, February 12th; Washington's Birthday, Feb- ruary 22d; Memorial Day, May 30th; Independence Day, July 4th; Labor Day, first Monday in September; election day, the first Tuesday after the first Monday in November of the even numbered years: Christmas Day, December 25th; and the Friday next preceding Easter Sunday and com- monly known as Good Friday, and Armistice Day, November 11th. No public business shall be transacted on those days except in cases of neces- sity, nor shall any civil process be served thereon. (9412-6) Legal holidays are school holidays also. (Young, Feb., 1907.) 178. Instruction in public schools — The books used and the instruc- tion given in public schools shall be in the English language, but any other language may be used by teachers in explaining to pupils who understand such language the meaning of English words; and in high and graded schools other languages may be taught. When made part of a regular or optional course of study. Instruction may also be given in such languages in common schools, not to exceed one hour in each day, by unanimous vote of the trustees. (2797) If unanimously authorized by the board, under no other circumstances a foreign language may be taught for not more than one hour in any school day as a part of the instruction in a public school. If a teacher violates this law, she violates her contract and is not entitled to compensation out of the treasury; and may be compelled by legal proceedings to obey the law. (Young, p. 184.) "Are trustees reouired by law to cause schools to be taught in the English language?" The school Ipws prescribe those branches of study which are to be taught in our common schools. The languages are not included. That those branches are to be taught in the English language it requires no argument to prove. The government has yet to exist which will expend the contents of its treasury to the neglect of its own language in educating its citizens in the language of -a forieern country whose institutions and laws are at variance with its own. (Cole, p. 76.) Proviso First. — A school in which the instruction is given in foreign languages cannot be regarded as in any sense a public school; no taxes can be legally levied for the support of such a school and it is the duty of the county superintend- ent to see to it that such a school receive no part of the apportionment of the public money. 179. Instruction in morals, etc — The teachers in all public schools shall give instruction in morals, in phvsiology and hygiene, and in the ef- fects of narcotics and stimulants. (2835) You inquire whether it is lawful to open a public school with a recital of the Lord's praver. The aupst'on involves a constrution of section 16 of article T of the constitution, wherein it is, amongst other things provided- "Nor shall any man be compelled to attend, erect, or support any place of worship." * * * No d'stinet'on can. in principle, be drawn, between the opening or school with praver, or the reading of the Scriptures, so far as the question pertains to the violation of the provision above named. * * * In view of the decision by the supreme court, you are advised that the practice, however, frequently tolerated or indulged in, is violative of the constitution. (Childs, December 10, 1895.) In the case of Rasnick vs. District No. 60, Stearns County, April 24, 1897, in the district court, it was held that a public schoolhouse cannot be used, either 54 in or out of school hours, for the purpose of giving any religious instruction, or the conducting of any religious exercises therein, which are peculiar to the dis- tinctive teachings, practices, doctrines, creed, tenets, or beliefs of any religious faith, church, or denomination, particularly from using or allowing the school house to be used for the same, of any of the prayers or the teachings of the cathecism, or the conducting of any of the religious exercises mentioned herein. 180. Patriotic exercises in all public schools — In all of the common, graded and high schools of this state it shall be the duty of the superin- tendent or teachers in charge of such schools to teach and require the teaching therein, on at least one day out of each week, of subjects and exercises tending and calculated to encourage and inculcate a spirit of patriotism in the pupils and students. Such exercises shall consist of the singing of patriotic songs, readings from American history and from the biographies of American statesmen and patriots and such other patriotic exercises as the superintendent or teachers of such schools may determine. The time to be spent thereon on each of said days shall not exceed one- half hour. (Chapter 108, Laws 1917.) 181. Frances Willard Day — The twenty-eighth day of September in each year is, set apart and designated as Frances Willard Day. In any year when the 28th day of September shall fall upon a day which is not a school day, the first school day following such date shall be Frances Willard Day, in- stead of the twenty-eighth day of September. On Fiances Willard Day, approximately one and one-half hours may be devoted in the schools of this state for instruction and appropiate exercises relative to the life of Frances Willard and to the principles and ideals she fostered. (Chapter 414, Laws 1921.) 182. Deaf children, instruction for, how provided — Upon application of any special, independent or common school district, complying with the provisions of this act, made to the state superintendent of education, he may grant permission to such district to establish and maintain within its limits one or more schools for the instruction of deaf children who are residents of the state. Any school district which shall maintain one or more such schools, shall through its clerk or secretary report to the state superintendent of education annually, or oftener if he so direct, such facts relative to such school or schools as he may require. The courses and methods of instruction must comply with such re- quirements as may be outlined by the state superintendent of education. All schools for deaf children established under this act shall be conducted by the combined system which includes the oral, the aural, the manual and every method known to this profession; and the courses and methods of instruction shall be substantially equal or equivalent in efficiency to the course and methods of instruction established and employed in the state school of the deaf at Faribault, Minnesota. The state superintendent of education may designate any member of his staff as an inspector to visit and note the progress of the schools provided for in this act. Permission to establish such special classes may be granted to dis- tricts which have an actual attendance of not less than five deaf children, over four and not exceeding sixteen years of age who may come under the provisions of this act. Blind children, defective speech children ami mentally subnormal children are not to be admitted to the same Class with deaf children but must each have separate classes and separate teachers. There shall be paid out of the current school fund in die state treasury annually in the month of July, to the treasurer of the school district hoard, or of the board" of education, in the school district maintaining such school or schools under the charge of one or more teachers, whose appoint- ment and qualifications shall be approved by the state superintendent of education, the sum of one hundred and fitly ($150) dollars tor each deaf 55 child instructed in such school or schools having an annual session of at least nine months during the year preceding the first day of July. It shall be the duty of the treasurer of the school district or of the board of education receiving the aid provided for in this section, to render annually to the state superintendent of education an itemized statement of all expenditures of said school or schools. Any surplus at the end of the year shall be reserved as a special fund for the education of the deaf children of that district and can be used for no other purpose. (Sec. 1, c. 194, Laws 1915, as amended by c. 218, Laws 1919.) 183. Blind children, instruction for, how provided — Upon application made to the state superintendent of education by any special, independent or common school district, complying with the provisions of this act, said superintendent may grant permission to such district to establish and maintain within its limits one or more classes for the instruction of blind children who are residents of the state. Any school district which shall maintain one or more such classes shall, through its clerk or secretary, report to the state superintendent of education annually, or oftener if he so direct, such facts relative to such class or classes as he may require. The courses, methods of instruction and supervision, the conditions under which teachers are employed and the equipment must comply with such requirements as may be prescribed by the state superintendent of education. Teachers in such classes shall be appointed as are other public school teachers. They shall possess the usual qualifications required of teachers in the public schools, and in addition thereto such special training as the board of education or state superintendent may require. Permission to establish such special classes shall be granted to afore- said districts which have an actual attendance of not less than five blind children of school age, who may come under the provisions of this act; provided, however, that nothing in this act shall be construed as prevent- ing parents of any such children from sending their children to state school for blind, if they so elect. For the purposes of this act, any person of sound mind who, by reason of defective sight, cannot profitably or safely be educated in the public schools as other children, shall be considered blind, and, after the estab- lishment of such classes by any school district, the compulsory school laws of this state shall be deemed to apply to such children under the age of sixteen years. There shall be paid out of the current school fund, in the state treas- ury annually in the month of July, to the treasurer of the school district board or the board of education, in the school district maintaining such class or classes, the sum of three hundred ($300) dollars for necessary school expense on account of each blind child instructed in such class or classes, having an annual session of at least nine months during the year preceding the first day of July, providing such child has been in attend- ance the full nine months or a proportionate amount for such time as they have attended. It shall be the duty of the treasurer of the school district or the board of education receiving aid provided for in this section, to render annually to the state superintendent of education, an itemized statement of all ex- penditures ot said class or classes. Any surplus at the end of the year not expended for salaries of special teachers, special supervision, special equip- ment, special material and transportation of pupils of such class or classes, shall be reserved as a special fund for the education of blind children of that district and can be used for no other purpose. (Section 2 of chap- 56 ter 194, General Laws of Minnesota for 1915, as amended by chapter 129, General Laws of Minnesota for 1919, and by chapter 366, Laws 1921.) 184. Defective speech children, instruction of — Section one (1) of this act shall, so far as applicable, provide for and apply to schools for defective speech children, except that these schools shall be under the control of the commissioner of education and that there shall be pin! one t:t the special state aid Cund annually in the month of July to the treasurer of the school district maintaining a school or schools for defective speech children un- der the charge of one or more teachers whose appointment and qualifica- tions shall be approved by the commissioner of education, such sum as such district may be entitled to for the instruction of defective speech children under provisions of the state aid law. (As amended by section 17, chapter 497, Laws 1921.) 185. Mentally subnormal children, how instructed — Section one (1) of this act shall, so far as applicable, provide for and apply to schools for men- tal subnormal children, except that these schools shall be under the control of the state superintendent of education and that there shall be paid on of the current school fund in the state treasury annually in the month of July to the treasurer of the school district maintaining a school or schools for mental subnormal children under the charge of one or more teachers whose appointments and qualifications shall be approved by the state super- intendent of education, the sum of one hundred ($100.00) dollars for each mental subnormal child instructed in such school or schools having an annual session of at least nine months during the year next preceding the first day of July. (Sec. 4, c. 194, Laws 1915.) 186. Permission to establish instruction for deaf, blind, defective speech and subnormal, when granted — Permission to establish such special classes as may come under the provisions of sections 3 and 4 of this act, may be granted to districts which have an actual attendance of not less than five children of school age. (Sec. 5, c. 194, Laws 1915, as amended by c. 129) 187. Schools for crippled children — Upon application made to the Com- missioner of Education by any school district, complying with the provi- sions of this Act, said commissioner may grant permission to such district to establish and maintain within its limits one or more classes for the in- struction of crippled children who are residents of the state, providing there shall be not less than five crippled children of school age in each class. The courses, method of instruction and supervision, the conditions un- der which teachers and helpers are employed, and the equipment, must comply with such requirements as may be prescribed by the Commissioner of Education. Teachers in such classes shall be appointed as are other public school teachers, and shall possess the usual qualifications required of teachers in public schools, and in addition thereto, such special training as the Commissioner of Education may require. Nurses appointed to such schools shall be registered nurses, and shall be subject only to such addi- tional examination as the Commissioner of Education may require, and their appointments shall be on the same basis as public school teachers. For the purposes of this act, any child of school age, other than one of defective hearing, speech or sight, and who is of normal mind but is deformed in body or limb and who cannot profitably or safely be educated in the regular classes as other children, shall be considered crippled and required to attend such classes, unless excused because of infectious dis- ease or other conditions making attendance undesirable. Any school district maintaining one or more such classes, shall, through its superintendent, report to the Commissioner of Education annually, or oftener If he so desires, such facts relative to such class or classes as he may require, and such superintendent shall render annually to the Com- 57 missioner of Education an itemized statement of all expenditures of said class or classes. There shall be paid out of the current school fund in the state treasury, annually at the same time as other state school aid is paid, to the treasurer of the school district board, or of the board of education, in the school dis- trict maintaining such class or classes the sum of $200 for necessary school expenses including salaries for teachers and nurses, transportation, special supplies and equipment, on account of each crippled child instructed in such class or classes having an annual session of at least nine months during the year preceding the first day of July, provided such child has been in attendance the full nine months or such proportionate part of $200 as shall correspond to the actual time of attendance of each pupil. (Chap- ter 141, Laws 1921.) 188. Secret fraternities in the public schools— From and after the pas- sage of this act it shall be unlawful for any pupil, registered as such, and attending any public high school, district, primary or graded school, which is partially or wholly maintained by public funds, to join, become a member of, or to solicit any other pupil of any such school to join, or become a member of any secret fraternity or society wholly or partially formed from the membership of pupils attending any such schools or to take part in the organization or formation of any such fraternity or society, except such societies or associations as are sanctioned by the directors of such schools. (2802) 189. Directors to establish rules and regulations — The directors of all such schools shall enforce the provisions of section 1 of this act, and shall have full power and authority to make, adopt and modify all rules and regulations which in their judgment and discretion may be necessary for the proper governing of such schools and enforcing all the provisions of section 1 of this act. (2803) 190. Directors shall have power to suspend or dismiss — The directors of such schools shall have full power and authority, pursuant to the adop- tion of such rules and regulations made and adopted by them, to sus- pend or dismiss any pupil or pupils of such schools therefrom, or to pre- vent them, or any of them, from graduating or participating in school honors when, after investigation, in the judgment of such directors, or a majority of them, such pupil or pupils are guilty of violating any of the provisions of section 1 of this act, or who are guilty of violating any Tule, rules or regulations adopted by such directors for the purpose of governing such schools or enforcing section 1 of this act. (2804) A school board has power to exclude from school a child who is feeble-minded or of such mental dispositon as to disturb the school and detract to an apreciable extent from the furnishing of instruction to the other children. Such a question is largely one of fact to be determined in each case as it arises. (Smith, Aug. 3, 1914.) 191. Soliciting a misdemeanor, by persons, not pupils — Municipal and justice courts to have jurisdiction — It is hereby made a misdemeanor for any person not a pupil of such schools to be upon the school grounds, or to enter any school building for the purpose of "rushing" or soliciting while there any pupil or pupils of such school to join any fraternity, society, or association organized outside of said schools. All municipal courts and justice courts of this state shall have jurisdiction of all offenses com- mitted under this section, and all persons found guilty of such offenses shall be fined not less than two dollars nor more than ten dollars, to be paid to the city or village treasurer, when such schools are situated inside of the corporate limits of any city or village, or to the county treasurer when situated outside of the corporate limits of any such city or village, or upon failure to pay such fine, to be imprisoned for not more than ten days. (2805) 58 192. Force or violence, when lawful — The use, attempt, or offer to use force or violence upon or toward the person of another shall not be un- lawful in the following cases: (4) Whenever used in a reasonable and moderate manner by a parent or his authorized agent, a guardian, master, or teacher, in the exercise of lawful authority, to restrain or correct his child, ward, apprentice or scholar. (8634) 193. Elementary schools in county jails — The county board of each county in this state wherein is maintained a county jail or work farm may provide a school or schools for the instruction in the elementary branches of learning of all persons detained therein as prisoners, and in such case shall provide the necessary furniture, appliances and teachers to be paid for out of the county annual revenue fund; such schools to be maintained for not less than two hours each school day or night sessions if necessary and school attendance by the prisoners shall be made compulsory as far as possible. The teachers necessary for such purposes shall be appointed by the county board with the approval of the county superintendent of schools who shall exercise supervision thereover in connection with his other duties as such superintendent. (9352) 194. Treatment and care of indigent blind infants — The board of con- trol of the State of Minnesota is hereby authorized and directed to provide at some state institution by law under its control, to be selected by it, for the care, medical treatment, maintenance and education of indigent blind infants, residents and citizens of the State of Minnesota, under such rules and regulations as said board may prescribe. (4051) CHAPTER VII. SCHOOL TAXES. 195. State school tax — There shall be levied annually upon the tax- able property of the state a tax of one and twenty-three one-hundredths mills on the dollar, to be known as the state school tax, of which one mill on the dollar shall be added to the general school fund, which shall then be known as the current school fund, and the remainder of such tax shall be added to the university fund. (2915) 196. County school tax — District tax — The county auditor shall extend upon the tax lists of the county, in the same manner as district school taxes are extended a tax of one mill on the dollar of the taxable property in each district, to be known as the county school tax, and be credited to the school district in which the property taxed is situated. The tax levied by school districts shall be known as the district school tax. (2916) 197. City, village, town and school district taxes— The taxes voted by cities, villages, towns and school districts shall be certified by the proper authorities to the county auditor on or before October 10 in each year. (2051) 198. Contracts in excess void— Liability of officers— It shall be unlaw- ful for the authorities of any county, town, city, village, or school district, unless expressly authorized by law, to contract any debt or incur any pe- cuniary liabilitv for ihe payment of either the principal or the interest of which during the current or any subsequent years it shall be necessary to levy a rate of taxes higher than the maximum prescribed by law. Every such contract shall be null and void in regard to any obligation thereby sought to be imposed upon such corporation, but every officer, agent, or member thereof who participates in or authorizes the making of such con- tract shall be individually liable for its performance. Every such officer or 59 agent, who is present when such contract is made or authorized shall be deemed to participate in or authorize the making thereof, as the case may be, unless he enter or cause to be entered his dissent therefrom in the records of such corporation. (2058) 199. Limitation of tax — In common districts such district school tax shall not exceed thirty mills on the dollar for the support of the schools and ten mills for the purchase of school sites and the erection and equip- ment of school houses; but in such districts in which such ten mill tax will not produce six hundred dollars, a greater tax may be levied for school sites and buildings, not to exceed thirty mills on the dollar, nor six hun- dred dollars in amount. In common districts having less than ten voters the district school tax shall not exceed four hundred dollars. In inde- pendent districts no tax in excess of eight mills on the dollar shall be levied for the purpose of school sites and the erection of school houses. In special districts, such amounts may be levied as may be allowed by special law at the same time when the revised laws take effect Provided that in any common school district of this state in which there is now or shall thereafter be maintained a high school or a graded school, the dis- trict school tax for the support of schools may be not to exceed thirty mills on the dollar. (Section 2917, G. S. 1913, as amended by chapter 227, Laws 1921.) Levy by an independent district in separate funds authorized. (75 M. 456.) The board of an independent district has power to levy taxes for the support of the schools of the district in excess of the statutory limitation for common districts. (87 M. 234.) The school board, and not the electors, of an independent district has the power to levy taxes. (Young, June, 1906.) 200. Same; county auditor to make a 10-mill tax levy in certain coun- ties — In each county in this state in which a majority of the rural schools, and not less than one-third of the total school enrollment, are or shall be in one or more school districts each of which embrace ten or more townships, the per capita assessed valuation of which district or districts is or shall be less than one-half the per capita assessed valuation of the entire county, the county auditor shall annually, on or before the tenth day of October, make a county school tax levy of ten mills upon all the taxable property in the county, which tax and the proceeds thereof he shall apportion, as and when other apportionments are made, among the school districts of the county on the basis of their respective school enroll- ments during the school year last preceding. (Sec. 1, c. 271, Daws 1919.) 201. Same; definition of the words "per capita" — The words "per cap- ita" as used in this act shall be construed to mean "per capita of school enrollment" during the school year last preceding; and, in determining such school enrollment for the purposes of this act, no scholar shall be counted more than once in any district, and no district shall be entitled to any portion of said fund that has not had at least six months of school term within the year, conducted pursuant to the provisions of chapter 14, General Statutes 1913, and acts amendatory thereof and supplementary thereto, nor shall any district be entitled to any part of said fund for any pupil who has not attended school at least forty days within such year. Such school enrollment shall be correctly shown in, and determined by the auditor from an abstract filed with him by the county superintendent of schools, on or before the last Wednesday in October of each year, which abstracts shall contain, as well, all of the information contemplated by sections 2882 and 2883 of the General Statutes of 1913, and acts amenda- tory thereof and supplementary thereto. (Section 2, chapter 271, Laws 1919, as amended by section 19, chapter 497, Laws 1921.) 202. Same; not to otherwise prohibit the levying of taxes — Nothing herein contained shall be construed to prohibit the levying of taxes by said school districts as by law otherwise provided, but the aggregate of 60 said county school tax and of the district tax levied in each district shall not exceed the maximum allowed by law to be levied in such district (Sec 3, c. 271, Laws 1919.) 203. Same; to be placed in separate fund and to be disbursed by county education committee— The amounts apportioned to each district from said county school tax and the proceeds thereof shall be by said district kept in and disbursed from a separate fund; and the disburse- ment and expenditure by said district of so much of said fund as ex- ceeds the amount thereof raised within said district shall be subject to the reasonable supervision and approval of a committee comprising the chairmen of all the school districts in the county. Said committee shall be known as the "County Educational Committee," shall meet for organiza- tion at the office of the county auditor on the first Monday in August of each year, and may take such other action at that meeting, hold such other meetings, adopt such rules, appoint such officers and sub-committees, and generally exercise their powers in such manner as shall carry out the purposes of this act, advance the educational interests of the county, and not unreasonably interfere with the control and management by each district of its schools. No compensation shall be allowed for service on said committee, but the reasonable expenses of each member may be paid by his district. No part of said county school tax shall be expended for purposes for which district taxes may not be expended. (Sec 4, c. 271 Laws 1919.) CHAPTER VIII. FUNDS AND APPORTIONMENTS. 204. State apportionment of school funds — The Commissioner of Edu- cation shall apportion the available current school fund among the coun- ties on the first Monday of March and of October in each year, in propor- tion to the number of scholars of school age entitled to apportionment therein. No scholar shall be counted more than once in any county, which shall be in the district in which his parents or guardians reside, if such scholar has attended school and is entitled to apportionment therein. But no district shall be entitled to any portion of said fund that has not had at least six months of school term within the year, conducted pursuant to the provisions of this chapter, nor shall any district be entitled to any part of said fund for any pupil who has not attended school at last forty days within such year. (2895, as amended by section 16 chapter 497, Laws 1921.) A district to be entitled to apportionment must not only have had a school taught the required time during the school year, which ends July 31st, hut must also have made, through its teachers, the requisite term reports to the county superintendent, who, in turn, must have reported it to the state superintendent of public instruction on or before September 20th. "Can the enrollment of evening schools, conducted by the regular corps of teachers, be reported for apportionment?" They can. There is nothing in the law requiring the apportionment to be made to day scholars only. (Hahn, p. 491.) A ten months' term of one-half day sessions is not in compliance with the statute requiring a six months' term of full session, as a condition precedent to the right to receive a share of the current school fund. (Douglas, April 2, r >, 1S9"V) Note. — For further information as to the apportionment and distribution of schoal funds by the state, see chapter 296, Laws of 1915, sections 206 to 217, inclusive, of this compilation. Children in regular attendance at parochial or private schools who are per- mitted to receive Instruction in manual training only for one or two hours in ■ of two days of every school week cannot be counted by the school district for apportionment. (Smith, May 25, 1915.) 205. Payment of school apportionment I'pon receiving a copy of such apportionment, the state auditor shall draw hia warrant on the 61 state treasury, payable to the state treasurer, for the amount due each county. The state treasurer shall apply such amount and any special state school aid due said county in his semi-annual settlement with each county named in the apportionment, and, if the amount due any county shall ex- ceed the amount due from such county for state taxes, shall forthwith transmit to the county treasurer the amount of such excess. There Is hereby annually appropriated from the current school fund the amount of such apportionments. (Sec. 2896, G. S. 1913, as amended by Sec. 6, c. 412, Laws 1919.) 206. Apportionment by county auditor — The county auditor at the time of making the March and November tax settlement of each year shall apportion among the districts entitled thereto the amount apportioned from the current school fund, and the amount received from liquor licenses, fines, estrays, and other sources, belonging to the general school fund, upon the same basis provided for the state apportionment and such money shall be used only for the payment of teachers' wages; but no district shall receive any part of the money received from liquor licenses unless all sums paid for such licenses in such district are apportioned to the county school fund, and no district shall receive in any year from the ap- portioned fund, exclusive of special state aid, a greater amount than that appropriated by such district from its special and local one-mill tax for that year, unless such district has levied for such year the maxi- mum amount allowed by law for school purposes. The auditor shall in- clude in such apportionment all amounts received from special state aid to schools. (Sec. 2897, G. S. 1913, as amended by Sec. 2, c. 412, Laws 1919.) Any delay which does not affect the apportionment may be disregarded, but the absence of reports justifies the auditor in leaving districts out of the ap- portionment whose reports are not in. (Cole, p. 111.) If it appeared that the district had made ample provision for a school as required by law, they would be entitled to their apportionment if their failure to maintain the school was due to no fault of theirs, as the prevalence of diph- theria. (Clapp, July 9. 1888.) Moneys witheld from districts pursuant to the last proviso in this section may be distributed among such districts upon a proper basis, as have complied with the requirements of the law in such respects. (Child, November 26, 1895.) 207. Apportionment to schools in new districts — Any district which for the first year after its organization has made provision for a four-months school by the levy of a sufficient tax, and has maintained a legal school for one month, shall receive its share in the first succeeding apportion- ment, in proportion to its actual enrollment. Such enrollment shall be re- ported as in other cases, and the number of pupils so returned shall be included by the state superintendent and the county audtior in their appor- tionment. (2898) 208. Report of county apportionment, etc. — The county auditor, on the first Wednesday after such apportionment, shall report to the state super- intendent the amount apportioned to each district, the sources from which such money was received, the aggregate number of pupils in the county, and the number of districts sharing in the apportionment. He shall also, immediately after the qualification of the county superintendent report to the state superintendent his name and postoffice address. (2899) 209. Funds from fines and penalties — School funds are also received from liquor licenses and from fines and penalties under the provisions of the following sections of the General Statutes of 1913, to-wit: 3153, 3173, 8174, 3323, 4406, 4994, 5021, 5028, 5112, 5804, 5806, 6040, 6278, 8980. 62 CHAPTER IX. STATE AID TO PUBLIC SCHOOLS. 210. State aid to schools — For the purpose of aid to public schools, there shall be established the following funds: (a) The endowment fund, which shall consist of the income from the permanent school fund. (b) The current school fund, which shall consist of the amount derived from a state one mill tax. (c) The special state aid fund, which shall consist of the sums appro- priated by the legislature for special aid to public schools or departments in the schools. (Section 1, chapter 467, Laws 1921.) 211. Same; semi-annual distribution of the endowment fund— The en- dowment fund shall be distributed semi-annually by the State Board of Education to school districts whose schools have been in session at least six months in proportion to the number of scholars of school age who have attended school at least forty (40) days during the preceding year. (Section 2, chapter 467, Laws 1921.) 212. Same; distribution of the current school fund — The current school fund shall be distributed on the same basis and at the same time as the endowment fund except such part as the state auditor on the recommenda- tion of the State Board of Education shall set aside from the current school fund each year for distribution with the special state aid fund. (Section 3, chapter 467, Laws 1921.) 213. Same; distribution of special state aid fund — The State Board of Education shall distribute the special state aid fund, and any other sums which may be appropriated by the state for distribution which the special state aid fund, in such manner and upon such conditions as will enable school districts to perform efficiently the services required by law, and to further the educational interests of the state. To this end the said board shall have power to fix reasonable requirements for receiving and sharing in the state aid provided that in no case shall teachers' salaries be made a requirement for such aid. Public schools of any district receiving or seeking to receive special state aid shall at all time be open to the inspec- tion of the State Board of Education, or its duly authorized agents, and the accounts of any such district shall be open to inspection by the public examiner upon request of said State Board of Education. (Section 4, chap- ter 467, Laws 1921.) 214. Same; classification and definitions — For the purposes of this act all public schools shall be classified under the following heads: (1) Graded elementary schools, (2) ungraded elementary schools, (3) four year high schools, (4) high school departments, (5) junior high schools, (6) senior high schools and (7) consolidated schools. (1) A graded elementary school shall be a school giving instruction in at least the first six years of the elementary course and employing at least four teachers, one of whom shall be designated as principal. (2) An ungraded elementary school shall be a school giving instruction in the elementary course and employing one or more teachers, but not having the rank of a graded elementary school. (3) A four-year high school shall be a school giving one or more four- year courses beyond the eight-year elementary course. It shall be located in a school district which maintains a graded elementary school and which shall employ a superintendent, a high school principal and one or more high school teachers. 63 (4) A high school department shall be a school giving instruction In at least the first two years beyond the eight-year elementary course. It shall be located in a school district which maintains a graded elementary school and shall employ a principal and one or more high school teachers. (5) A junior high school shall be a school having a separate organiza- tion and employing a principal and two or more teachers giving instruc- tion in the seventh, eighth and ninth years of the twelve-year public school course. It shall be located in a school district which also maintains a six- year elementary course. (6) A senior high school shall be a school having a separate organiza- tion and employing a principal and two or more high school teachers giving instruction in the tenth, eleventh and twelfth years of the twelve-year pub- lic school course. It shall be located in a school district which also main- tains a graded elementary school of six years and a junior high school and which employs a superintendent for the entire system of public schools in such school district. (7) A consolidated school shall be any school located in a school dis- trict organized by law as a consolidated school district. Such consolidated schools shall also be classified under one of the six preceding headings of this section. (Section 5, chapter 467, Laws 1921.) 215. Same; purposes of special state aid — State aid from the special state aid fund and also any other moneys set apart for use with the special state aid fund shall be for the following named purposes: (1) To assist in providing equal educational opportunities for all the school children of the state. (2) To assist in establishing certain generally accepted minimum standards for all the public schools of the state. (3) To assist school districts whose tax levies for maintenance are ex- ceptionally high. (4) To stimulate educational progress by grants of state aid for su- perior efficiency and high standards and for desirable educational under- takings not yet generally established. (5) To provide for the maintenance of teacher training departments in high schools. (Section 6, chapter 497, Laws 1921.) 216. Same; state aid for equalizing educational opportunities — (1) For transportation of pupils in consolidated school districts, the state shall reimburse such districts at rates to be determined by the State Board of Education, provided that no consolidated school district shall receive annu- ally more than four thousand dollars ($4,000) for the transportation and board of pupils for each consolidated school in such district. Provided fur- ther that state aid for transportation shall not be withheld from any con- solidated district by reason of the requirements of section 10 of chapter 238 of the Laws of 1915. (2) For school buildings in consolidated school districts, the state shall pay forty (40) per cent of the cost of constriction of each such building, but not to exceed six thousand dollars ($6,000) to any such school district for each such school building. (3) All the provisions of this act relating to state aid to counties shall be equally applicable to the unorganized territory of any county and also to all school districts of ten or more townships. (4) For the tuition of non-resident high school pupils, the state shall pay to the school district furnishing such high school instruction at the rate of seven dollars ($7.00) per school month, or major fraction thereof, for each such non-resident pupil, for not to exceed ten (10) months in any 64 school year; provided (1) that high school instruction shall mean instruc- tion for pupils who have completed the eight years of the elementary course; (2) that such tuition shall be paid by the state only insofar as any pupil's residence district does not give high school instruction, but this provision shall not apply to non-resident high school pupils residing in un- organized territory; and (3) that the state apportionment for any such non- resident high school pupils shall be paid to the school district in which such non-resident pupils attend a high school. Provided, that in all cases where such non-resident pupil is a resident of a state aided rural district, the amount provided by the provisions of this act shall by the disbursing board be deducted from the aid otherwise going to such rural district in all cases where such aided rural school does not levy at least four (4) mills or more upon the property of such district for school purposes. (5) Any school district may receive aid for the purchase of library books on the basis of twenty dollars ($20.00) for each teacher employed with a maximum of forty dollars ($40.00) for each school building in the district, provided the district appropriates a like amount for the same purpose. (6) For assisting in providing for the school attendance of isolated pupils. . The State Board of Education, at its discretion and under such rules as it may adopt, may assist school districts or the County Board of Education for unorganized territory in any county in providing for the transportation or board of such children of school age as reside beyond reasonable walking distance from the nearest public school. To this end, the state board may grant to such school districts not to exceed fifty dol- lars ($50) annually for each such pupil transported or boarded. (Section 7, chapter 497, Laws 1921.) 217. Same; state aid to assist in establishing minimum standards — (1) For each graded elementary school of eight school years with a school year of at least nine months, the state shall pay a school district four hundred dollars ($400) annually. (2) For each graded elementary school of six school years with a school year of at least nine months, the state shall pay a school district three hundred dollars ($300) annually. (3) For each ungraded elementary school with a school year of at least eight months, the state shall pay a school district one hundred and fifty dollars ($150) for each first-grade teacher employed and one hundred dol- lars for each second-grade teacher employed; for a school year of at least seven months, the state shall pay three-quarters of the aid provided for a school with a school year of eight months. (4) For each four-year high school with a school year of at least nine months, the state shall pay a school district one thousands dollars ($1,000) annually. (5) For each high school department with a school year of at least nine months, the state shall pay a school district four hundred dollars ($400) annually. (6) For each junior high school with a school year of at least nine months the state shall pay a school district three hundred dollars ($300) annually. (7) For each senior high school with a school year of at least nine months, the state shall pay a school district six hundred dollars ($600) an- nually. (Section 8, chapter 497, Laws 1921.) 218. Same; to assist school districts with high tax levy— To any school district whose tax levy for maintenance lies between twenty (20) mills and thirty-two (32) mills, the state shall pay as supplemental aid one-third 65 of the excess above twenty (20) mills. If the tax levy for maintenance exceeds thirty-two (32) mills, then, in addition to the above amount, the state shall pay as supplemental aid one-half of such excess above thirty- two (32) mills, provided that no school district shall receive supplemental aid if a tax levy of twenty (20) mills in such district will yield the equivar- lent of one hundred dollars $(100) for each pupil enrolled in the public schools of such district; and provided also that no school district shall re- ceive supplemental aid equivalent to more than two hundred dollars ($200) for each elementary teacher employed and two hundred fifty dollars ($250) for each high school or special teacher employed. In school districts main- taining only ungraded elementary schools, if a twenty (20) mill tax levy does not raise the equivalent of six hundred dollars ($600) for each teacher employed for at least (7) months during the school year, -then the State Board of Education at its discretion may grant to such school district an amount, which together with the proceeds of a twenty (20) mill tax levy, will give such school district the equivalent of six hundred dollars ($600) for each teacher employed as herein provided, but such state aid shall in no case exceed the equivalent of two hundred dollars ($200) for each such teacher employed, but shall be in addition to all other state aid, including supplemental aid as otherwise provided in this section. (Section 9, chap- ter 497, Laws 1921.) 219. Same; state aid to stimulate educational progress — (1) For estab- lished undertakings, state aid shall be granted to school districts on the basis of the number of special teachers employed, enrollment in classes and type of work done, and all under such rules as may be established by the State Board of Education. In school districts maintaining junior and senior high schools, such state aid shall be granted for either a junior or senior high school, but not for both. a. For agriculture state aid to any school district for each school within the district maintaining such work shall be limited as follows: (a) For a department employing but one or more teachers not to ex- ceed one thousand dollars ($1,000). b. For general industrial training state aid to any school district for each school within the district maintaining such work shall be limited as follows : (a) For a department employing one or more teachers, not to exceed six hundred dollars ($600). c. For home training state aid to any school district for each school within the district maintaining such work shall be limited as follows: (a) For a department employing one or more teachers not to exceed six hundred dollars ($600). d. For commercial training state aid to any school district for each school within the district maintaining such work shall be limited as fol- lows: (a) For a department employing one or more teachers, not to exceed six hundred dollars ($600). e. For special classes for defectives. Under such rules as the State Board of Education may establish, the state shall pay annually to any school district for the education of defective children the following amounts: (a) For deaf children, two hundred fifty dollars ($250) for each such child. (b) For blind children, three hundred dollars ($300) for each such child. (c) For subnormal children, one hundred dollars ($100) for each such child. 66 (d) For children with defective speech, not to exceed fifteen hundred dollars ($1,500) for each teacher engaged exclusively in this work. (e) For crippled children, two hundred fifty dollars ($250) for each such child. (2) For educational work not yet generally established. a. For stimulating progress and achievement in ungraded elementary schools, the State Board of Education shall adopt standards for a superior ungraded school. Such standards shall be based upon the length of the school term, qualification of teachers, regular school attendance and a cur- riculum adapted to present day needs, including health work. School dis- tricts meeting these standards shall receive, in addition to all other state aid, not to exceed one hundred twenty-five dollars ($125) for each such school maintained. b. For evening schools for persons over sixteen years of age and not in attendance upon regular day schools, the state shall pay to any school district mantaining such schools in accordance with requirements estab- lished by the State Board of Education, one— half the cost of instruction in such evening schools; and districts maintaining such evening schools shall also be entitled to state apportionment for all pupils of school age upon the same basis as that provided by law for day school pupils. (Section 10, chapter 497, Laws 1921.) 220. Same; aid for teacher training departments — For teacher train- ing in high schools the State Board of Education is hereby authorized to establish rules and to determine the amounts of state aid to be granted to any school district for the maintenance of this work. Such state aid shall be determined upon the basis of one, two or three teacher departments, respectively. For the maintenance of high school teacher training depart- ments the State Board of Education may grant a total state aid of not to exceed two hundred twenty-five thousand dollars ($225,000.00). Section 11, chapter 497, Laws 1921.) 221. Same; authority of county board to provide funds — In all cases provided for in this act wherein state aid is made available for county use, the county board is hereby authorized to make appointments of persons for county service and to appropriate county funds for the purpose of main- taining such county educational work. (Section 12, chapter 497, Laws 1921.) 222. Same; manner of paying special state aid — The special state aid fund and all other sums made available by the legislature as special state aid to schools shall be paid in the following manner: On or before the first day of October in each year, it shall be the duty of the Commissioner of Education to deliver to the state auditor a certifi- cate in duplicate for each class of schools in each county of the state en- titled to receive state aid under the provisions of this act. Upon the re- ceipt of such certificate, it shall be the duty of the state auditor to draw his warrant upon the state treasurer in favor of the county treasurer for the amount shown by each certificate to be due to the several schools therein enumerated. The state auditor shall transmit such warrants to the county auditor together with a copy of the certificate prepared by the Commissioner of Education. Upon receipt by the county auditor of such warrant and the certificate, it shall be the duty of the county auditor to credit the several school dis- tricts with the amounts stated in said certficate, then charging the county treasurer with the aggregate amount so received, and forthwith deliver to the county treasurer the said warrant or warrants. The funds so credited to the several school districts shall be paid to the treasurers thereof in 67 the same manner now provided by law for the payment of school funds to school district treasurers. (Section 13, chapter 497, Laws 1921.) 223. Same; unused special state aid funds — Any unused available money from the special state aid fund shall be included with the endow- ment fund for distribution to state apportionment. (Section 14, chapter 497, Laws 1921.) 224. Same; to consolidated districts — area required — To receive state aid as a consolidated school of class A or class B, as denned in this act, the consolidated districts must not contain less than twelve sections. Any existing school district having the area and meeting the requirements speci- fied in this act, may be granted the rights and privileges of a consolidated school district upon formal application to the Commissioner of Education pursuant to resolutions adopted by a vote of not less than two-thirds of the full school board, accompanied by a plat prepared by the county super- intendent of schools of the county in which the school is located. Pro- vided that this act shall not affect the rights or status of any consolidated school district now organized. (Section 2, chapter 238, Laws 1915 as amended by chapter 230, Laws 1921.) 225. Same; requirements of consolidated districts for receiving — (1) For receiving state aid for transportation, schools in consolidated districts shall be in session at least eight months in the year and be well organized. They shall have suitable school houses with the necessary rooms and equip- ment. The board in a consolidated school district shall arrange for the attendance of all pupils living two miles or more from the school, through suitable provision for transportation or for the boarding and rooming of such pupils as may be more economically and conveniently provided for by such means. (2) Besides maintaining schools in consolidated districts conforming to the above requirements the school board may maintain other schools of not more than two departments, and receive state aid for these schools as provided for ungraded elementary schools. (Section 9, chapter 238, Laws 1915 as amended by chapter 349, Laws 1921.) A parent who transports his children more than two miles to and from school does not have a legal claim against the district for reimbursement. (Smith, Sep- tember 5, 1917.) 226. Same; Consolidated schools — building and transportation aid — ■ Consolidated schools shall receive annually the amount reasonably ex- pended for the transportation of pupils, but not to exceed the amount pro- vided for in section 7 of the state aid law. In addition to the annual aid consolidated schools shall receive an amount to aid in the construction of buildings, equal to forty (40) per cent of the cost of such buildings, but no school shall receive more than a total of six thousand dollars ($6,000) for aid in the construction of buildings. The annual aid and the aid for buildings shall be paid in the same man- ner as now provided by law for the payment of other state aid to public schools. Every school located in a consolidated district shall be classified un- der one of the following heads: (1) Ungraded elementary, (2) graded elementary, (3) four-year high school, (4) high school department, (5) junior high school or (6) senior high school, and every such school shall possess all the rights and privi- leges of the rank and class which it has attained and shall be entitled to state aid according to such rank and class. (Section 11, chapter 238, Laws 1915 as amended, section 18, chapter 497, Laws 1921.) 227. Certain provisions of an act for promotion of vocational educa- tion, etc., by congress, etc., accepted. — The provisions of the act of con- 68 gress of the United States entitled an act to provide for the promotion of vocational education; to provide for co-operation with the states in the promotion of such education in agriculture and the trades and industries: to provide for co-operation with the states in the preparation of teachers of vocational subjects; and to appropriate money and rgulate its expenditures, and approved February 23, 1917, be and the same are hereby accepted, and the benefits of all funds appropriated under the provisions of such act are hereby accepted as provided in such act. (Section 1, chapter 491, Laws 1919.) 228. High school board designated as state board called for in con- gressional act. — The high school board is hereby designated the state board as provided in such act, and is charged with the duty and responsibility of co-operating with the federal board for vocational education in the ad- ministration of such act and is given all power necessary to such co- operation. The high school board is authorized to make such expenditures as it may deem necessary to carry out the provisions hereof from moneys available for the purposes of this act. In case a state board of education is created, such board shall have the powers and perform the duties with which the high school board is charged by the terms of this act. (Section 22, chapter 491, Laws 1919.) 229. State treasurer appointed custodian of funds — The state treasurer is appointed custodian of all funds for vocational education, as provided in such act, and is charged with the duty and responsibility of receiving and providing for the proper custody and proper disbursement of moneys paid to the state from the appropriations made under the provisions of such act. (Section 3, chapter 491, Laws 1919.) 230. What districts are to be entitled to federal moneys — Any school district maintaining a vocational school or department shall be entitled to Federal moneys under such act for the salaries of teachers of agricultural, industrial or home economics subjects by meeting the requirements fixed by the high school board and approved by the federal board for vocational education. Teacher training schools and departments shall be entitled to federal moneys for the preparation of teachers of agricultural, industrial or home economics subjects by meeting the requirements fixed by the high school board and approved by the federal board for vocational education for the preparation of such teachers. (Section 4, chapter 491, Laws 1919.) 231. How disbursements shall be made — All disbursements of federal and state moneys for the benefit of such teachers training schools or de- partments shall be made on the requisition of the high school board by the state treasurer or to the legally constituted authorities having custody of the moneys of such training schools or departments. All disbursements of federal and state moneys for the benefit of such vocational schools and departments shall be made on the requisition of the high school board by the state treasurer to the treasurer legally qualified to receive and disburse the funds for the school districts establishing and maintaining such schools and departments as herein provided. (Section 5, chapter 491, Laws 1919.) 232. State treasurer to make report of receipts and disbursements — The state treasurer as custodian for vocational education shall make to the legislature at each biennial session a report of the receipts and disburse- ments of moneys received by him under the provisions of such act and the high school board shall make to the legislature at each biennial session a report of its administration of such act and the expenditure of money allotted to the state under the provisions of such act. 233. Promotion of vocational education — There shall be appropriated biennially a sum of not less than the amount to which the State ol Minn. sota is entitled under sections 3 and 4 of an act of congress of the ''nited States, approved February 23, 1917, relating to the promotion of voca- tional education and tor appropriations to the state tor Instruction in 69 agriculture, trade, home economics and industrial subjects, and for the train- ing of teachers of vocational subjects. (Section 1, chapter 414, Laws 1919.) 240. Same; State Board of Education to reimburse school district- Whenever any school district shall have established a vocational school or department in accordance with the rules and regulations established by the State Board of Education and the plan for vocational education adopted by that board and approved by the federal board for vocational education, the State Board of Education shall reimburse such school dis- trict for its expenditures for salaries of vocational teachers from federal and state funds available to an amount not to exceed three-fourths of the salaries of such vocational teachers, provided that in the event of joint federal and state funds not being sufficient to make such reimbursement in full, the State Board of Education shall pro rate the amount available to the various districts entitled to receive reimbursement. (Section 2, chapter 414, Laws 1919, as amended by section 20, chapter 497, Laws 1921.) 241. Same; reimbursing institutions for training teachers — The State Board of Education shall reimburse institutions selected by it to train teachers of vocational subjects to an amount of not to exceed one-half of the expenditures made for such training by the said institutions, provided that no federal funds may be applied directly or indirectly to the purchase, erection, preservation or repair of any building or buildings or equipment, or for the purchase or rental of lands or for the support of any religious or privately owned school or college. (Section 3, chapter 414, Laws 1919 as amended by section 21* chapter 497, Laws 1921.) 242. Same; appointment of officals and assistants — The high school board shall have authority to appoint such officials or assistants as may be necessary to administer the federal act and chapter 491, Session Laws of Minnesota for 1917, to fix the salaries of such persons appointed, and to make expenditures from the state funds appropriated under the provisions of this act for the salaries and necessary expenses of such officials and as- sistants, or to use a portion of such funds in matching federal funds avail- able for the same purpose. (Section 4, chapter 414, Laws 1919.) 243. State board for vocational education — There is hereby established, unler the direction and control of the state board for vocational education, a division for the training and instruction of persons whose capacity to earn a living has in any way been destroyed or impaired through industrial accident or otherwise: provided, that at the time when the accident or dis- ability was incurred they were residents or citzens of the State of Minne- sota. The said board shall in its regular reports to the legislature describe in detail the work of the division and may from time to time issue bul- letins containing information relative thereto. (Section 1, chapter 365, Laws 1919.) 244. Appointment and salaries of employes — The employes of the said division shall be appointed and their salaries determined by the said board. The division shall be furnished with suitable quarters in the state capitol, and the board may expend for salaries and other necessary expenses of such division such amounts as shall be appropriated by the legislature. (Section 2, chapter 365, Laws 1919.) 245. Plan of co-operation to be formulated — The state board for vocational education and the department of labor and industries, or any agency which may succeed it in the administration or supervision of the workmen's compensation act, shall formulate a plan of co-operation with reference to the work of said division. Such plan shall be effective only when approved by the governor of the state. (Section 3, chapter 365, Laws 1919.) 246. To aid incapacitated persons, and to co-operate with U. S. govern- ment, — The said division shall aid persons who are incapacitated as described 70 in section one in obtaining such education, training, and employment as will tend to restore their capacity to earn a livelihood. The division may co-operate with the United States government, and as a part of such co- operation may extend the benefits of this act to any civil employe of the United States disabled while in the performance of his duty, without regard to the residence of citizenship of such employe, if in the judgment of the board the benefits offered by the federal government are sufficient to compensate for the cost. The division may of its own accord, establish or maintain, or in co-operation with local boards of education, assist in establishing or maintaining, such courses as it may deem expedient, and otherwise may act in such manner as it may deem necessary to accomplish the purposes of this act. (Section 4, chapter 365, Laws 1919.) CHAPTER X. • SCHOOL TEXT-BOOKS 247. List of books to be prepared by high school board — The state high school board shall from time to time prepare and amend a list of books suitable for school libraries, including dictionaries and other books of reference, histories and works of biography, literature, political economy, agriculture, travel and science. (2947) 248. Same; state aid, when furnished — Upon receiving from any dis- trict a certified statement, approved by the county superintendent showing the purchase of books specified and included in the list prepared under the foregoing section, the appointment of a librarian for each library and the making of proper provisions for the care thereof, and for the free dis- trbution of books suitable for distribution, the state superintendent shall furnish such district a requisition on the state auditor for one-half the purchase price, not exceeding twenty dollars for the first years purchase and ten dollars for any subsequent year for each separate school for which a library is so furnished. Provided first that any school board may agree with the board of any approved public library for a specified period to become a branch of said public library and to receive therefrom library books suited to the needs of the pupils in the school and for the community. In the event of such agreement between the school board and the public library board such school board may turn over the books of the school library other than those needed for reference in the school to the public library and shall in case of such agreement annually pay to such public library, the sum to be expended by the school district for the purchase of library books, and any state library aid to which such school district is entitled. All books purchased by such public library from funds provided by district or state library aid shall be selected from the state list for school libraries. Any public library making agreement with school districts for library serv- ice as herein provided shall first be approved by the superintendent and the secretary of the public library commission, who shall make suitable rules governing relationship between school libraries and each public library co- operating under the provisions of this act. (2950) See 215. Note. For law relating to additional aid for libraries, see section 10. Chapter 296, Laws of 1916, being section herein. 249. Text-books — persons, companies or corporations to comply with certain conditions— Before any person, company or corporation shall offer any school text-book for adoption, sale or exchan^-. in the State Ol Mm 71 nesota, said person, company or corporation shall comply with the following conditions: First. File a copy of such text-book in the office of the state superin- tendent of public instruction, with a sworn statement of the usual list price, the lowest wholesale price, and the lowest exchange price, based on five- year adoption periods, at which said book is sold or exchanged for an old book in the same subject of like grade and kind, but a different series, to any school board, school corporation or school text-book commission anywhere in the United States. Second. File with the state superintendent of public instruction a written agreement (1) to furnish said book or books to any school board in the state of Minnesota at the said lowest prices so filed, and to maintain said prices uniformly throughout the state. (2) To reduce such prices automatically in Minnesota whenever reductions are made elsewhere in the United States, and guarantee that at no time shall any book so filed by said person, company or corporation be sold in Minnesota at a higher price than is received for such book elsewhere in the United States. (3) That all text-books offered for sale in Minnesota shall be equal in quality to those deposited in the office of the state superintendent of public in- struction as regards paper, binding, print, illustrations, subject-matter and all points that may affect the value of said text-books. Third. File with the state superintendent of public instruction a surety bond of not less than two thousand ($2,000) and not more than ten thou- sand dollars ($10,000), said bond, in an amount to be fixed by the state superintendent of public instruction, shall run to the state of Minnesota, and be approved by the attorney general. Upon compliance with the fore- going conditions, said person, company or corporation shall be licensed to sell text-books in the state of Minnesota. (2951)) 250. Same; failure to comply — duties of county superintendent — If in any case said person, company or corporation shall furnish to any district books inferior in any particular to the samples on file with the state super- intendent or charge a higher price than was filed with the state superin- tendent, or than the same are sold elsewhere in the United States, then it shall be the duty of the county superintendent on written complaint filed with him by the school board of such district or of the city superin- tendent of a district having a state high school, or of the principal ot schools of a district having a state graded school, to inform the state super- intendent of the failure of said person, company or corporation to comply with the terms of his contract. The state superintendent shall thereupon notify the said person, company or corporation of said complaint, and if the said person, company or corporation shall disregard the notification and fail to comply immediately with the terms of agreement filed with the state superintendent, then the bond of said person, company or corporation shall be forfeited and the attorney general shall upon written request of the state superintendent proceed to collect the full amount of the bond of said per- son, company or corporation. (2952) 251. Same books to be chosen from list — Whenever the publisher shall prepare an abridged or special edition of any of his books listed with the state superintendent and shall supply such special edition elsewhere at h. lower wholesale price than the wholesale price scheduled with the state superintendent, the publisher must agree to furnish such special edition at the wholesale price at which it is furnished elsewhere, so long as it is sup- plied at the said lower price anywhere outside of Minnesota; and it shall be understood that the bond given by the publisher shall cover this provi- sion as to special edition. In case an action is brought upon such bond, the state, if successful, shall recover the full amount of the bond, which amount shall be paid into the state school fund. (Section 2953, G. S. 1913 as amended by chapter 256, Laws 1921.) 72 252. Free text-books — The school board of any school district shall, when directed by a vote of the district, or when the board deems it ad- visable, provide for the free use of school text-books by the pupils of their school or schools, or provide for the sale of them to pupils at cost. But no such adoption or contract shall be for less than three (3) or more than five (5) years, during which time such books adopted shall not be changed. (2954) 253. Same; proposition to be submitted to voters of the district — Whenever five or more legal voters of any common school district shall petition the school board to submit the question of providing free text- books to pupils attending its schools, it shall be the duty of such board to submit the same to the legal voters of such district. Such question may be submitted at a special meeting by giving ten clays' notice thereof, or at any annual meeting. But in any case the notice of such meeting shall call at- tention to the fact that such question will be submitted, and in case a majority at such meeting shall vote in favor of such free text-books, it shall be the duty of the board to provide the same. (2955) 254. School boards to have authority to purchase — The school boards of each school district shall have authority to purchase all necessary books for indigent pupils and pay for the same out of the funds of the district. (2956) As to powers of boards of special districts over text-books, see 115 M. 222. 255. Attempted combinations illegal — duty of attorney general — If at any time any publisher shall enter into an understanding, agreement or combination to control the prices or to restrict competition in the adop- tion or sale of school books, then the attorney general shall institute and prosecute legal proceedings for the forfeiture of the bond of said publisher and for the revocation of his license to sell school books in this state, and each and every contract made by said publisher under this article shall thereupon become null and void at the option of the other- parties thereto. (2957) 256. Samples to be placed on file with state superintendent — penalty — Any publisher who shall sell or offer for sale or adoption in the state, school text-books of any kind without first placing samples of the same on file with, prices and obtaining a license therefor from the state superin- tendent of pubilc instruction shall be guilty of a gross misdemeanor, and, upon conviction, shall be fined not less than five hundred dollars and not more than two thousand dollars. (2958) 257. Superintendent to be disinterested party— penalty for violation— If the state superintendent of public instruction, his assistant or any em- ploye connected with his office, or any member of any school board, who shall accept or receive any money, gift or any property, or favor whatso- ever from any person, firm or corporation offering for sale any text-books or any agent thereof, or from any person in any way interested in the sale of text-books shall, upon conviction, be punished by a fine not exceeding five hundred ($500) dollars or by imprisonment in the count v jail for not more than six months, or by both such fine and imprisonment. (2959) 258 Same- teachers, county and city superintendent to be disinter- ested persons— Penalty for violation— Any teacher in the public schools of Minnesota or any county or city superintendent of schools, or any mem- ber of any school board or board of education, or any person or persons connected with the public school system of Minn* ota In ipacity who shall in any way be interested in the profits, proceeds or sale of any school text-books used in the schools of Minn-sot a under his charge, or with which he is connected in any official capacity, shall be liable to a 73 fine of not less than fifty dollars ($50), nor more than two hundred dol- lars $(200); provided, that this shall not apply nor have reference to royalties or profits received by a person from the sale of school book* of •which he is himself the author. (2960) CHAPTER XI. LIBRARIES. PART I LIBRARY DIVISION, DEPARTMENT OF EDUCATION (Formerly Public Library Commission) Note: The functions, powers and duties of the former State Public Library Commission are now exercised and performed by the State Board of Education and the sections of the statutes pertaining thereto thus, by reference, become a part of the general laws on education. 259a. Purchase of books — Office — The commission may purchase col- lections of books, to be the property of the state, and used as a state circu- lating library, from which any town, village, or community may borrow under prescribed regulations. It shall divide such books into groups, to be known as traveling libraries, catalog and prepare them for circulation, and make rules for the conduct of its business, such as shall insure the care, preservation, and safe return of all books loaned. Suitable rooms shall be provided in the capitol for its use. (4913) 259b. To advise librarians, etc. — Said commission without charge, shall give advice and instruction to the managers of any public library, and to the trustees or agents of any village, town, or community entitled to borrow from said collections, upon any matter pertaining to the organization, main- tenance, or administration of libraries. It shall assist, by counsel, and en- couragement, in the formation of libraries where none exist, and may send its members to aid in organizing the same, or in improving those already established. (4914) 259c. Statistics, reports, disbursements — The commission shall keep statistics of the free public libraries of the state, and a record of the work done and the books loaned by it, and report the same to each regular session of the legislature, with a statement of its expenditures, the use made of the traveling libraries, and such other matters as it deems proper. Upon presentation of itemized vouchers, approved by at least three members of the commission, the state auditor shall issue his war- rants for all proper expenditures hereunder. (4915) PART II COUNTY FREE LIBRARIES. 259d — County free libraries — The board of county commissioners of any county in this state is hereby authorized to establish and maintain, at the county seat of any such county, or any other city to be determined by said board of county commissioners, a public library for the free use of all residents of the county, and may levy a tax not to exceed one mill on the dollar of all the taxable property outside of any city or village wherein a free public library is located, or which is already taxed for the support of any such library, the proceeds of which tax shall be known as the county library fund. (Section 1, chapter 445, Laws 1919.) 259e. If such county library be not otherwise established, the board of county commissioners, upon the petition of 100 freeholders of the county, 74 shall submit the question of such establishment to the voters at the next county election. If a majority of the votes cast on such question be in the affirmative, the board of county commissioners shall establish the library, and levy a yearly tax for its support, within the limits fixed by section 1. (Section 2, chapter 445, Laws 1919.) 259f. If there is a free public library in the county, the board of county commissioners shall contract with the board of directors of such library, upon such terms and conditions as may be agreed upon between such boards, for the use of such library by all residents of the county, and may place under the supervision of the said library board the county library fund, hereinbefore provided for, to be spent by said board for the extension of the free use of said library to all residents of the county. Provided also that when there is more than one such free public library in the county the board of county commissioners may contract with one or all of such library boards for such free service if in its judgment advisable. (Section 3, chapter 445, Laws 1919.) 259g. If there is no free library in such county available for use as a central library of the county system, the board of county commissioners shall appoint a board of five directors; of said directors first appointed, two shall hold office for three years, two for two years, and one for one year, from the third Saturday of July following their appointment, the term of office being specified by the appointing power, and anually thereafter the board of county commissioners shall appoint one or two directors for the term of three years and until their successors qualify. The powers and duties of such board of directors shall be the same as those of a board of directors of any free public library in a city or village, and be governed by the provisions of sections 4918-4924 of chapter 33 of the General Statutes of Minnesota, 1913. (Section 4, chapter 445, Laws 1919.) PART III. PUBLIC LIBRARIES AND READING ROOMS 266. Establishment and maintenance — Tax— The governing body of any city or village may establish and maintain a public library and reading room or either of them for the use of its inhabitants, and by ordinance may set apart for the benefit thereof real estate or other public property of the municipality. In villages and cities of the second, third, and fourth classes, it may levy an annual tax of not more than three mills, and in cities of the first class of not more than one mill, on the dollar, of all taxable property therein, the proceeds of which tax shall be known as the library fund. (4916) 267. When established by vote — existing libraries — If such library or reading room be not otherwise established, the governing body of the municipality, upon the petition of fifty free-holders thereof, shall submit the question of such establishment to the voters at the next municipal election. If two-thirds of the votes cast on said question be in the affirma- tive, the governing body shall establish the library or reading room, and levy a yearly tax for its support, within the limits fixed by §4916. All public libraries and reading rooms heretofore established and now existing in cities or villages are continued, and all ordinances setting apart public property for their support are hereby confirmed. Nothing in this chapter shall be construed as abridging any power or duty in respect to libraries conferred by any city or village charter. (4917) 268 Directors— term— removal— When any such library or reading room is established, the mayor of the city or president of the village, with the approval of the council, shall appoint a board of nine directors, but not more than one of whom shall at any time be a member of such gov- erning body. One-third of the members shall hold office for on* year, 76 one-third for two years, and one-third for three years from the third Satur- day of July following their appointment, the term of office of each being specified by the appointing power; and annually thereafter such mayor or president shall appoint three directors for the term of three years and until their successors qualify. Such mayor or president, by and with the consent of the council, may remove any director for misconduct or neglect. (4918) 269. Vacancies — compensation — Vacancies in the board of directors shall be reported to the council, and filled by like appointment for the unex- pired term. Directors shall receive no compensation for their services as such. (4919) 270. Organization of board — rules — Immediately after appointment, such board shall organize by electing one of its number as president and one as secretary, and from time to time it may appoint such other officers and employes as it deems necessary. The secretary, before entering upon his duties, shall give bond to the municipality in an amount fixed by the directors, conditions for the faithful discharge of his official duties. The board shall adopt such by-laws and regulations for the government of the library and reading room and for the conduct of its business as may be expedient and conformable to law. It shall have exclusive control of the expenditure of all moneys collected for or placed to the credit of the library fund of the construction of library buildings, and of the grounds, rooms, and buildings provided for library purposes. But all moneys re- ceived for such library shall be paid into the city or village treasury, be credited to the library fund, be kept separate from other moneys of the municipality, and be paid out only upon itemized vouchers approved by the board. The board may lease rooms for library use, fix the compensation of employes, and remove any of them at pleasure. With the approval of the council the board may purchase grounds and erect a library building thereon. (4920) 271. Non-residents — contract to loan books — tax — Any board of direc- tors may admit to the benefits of its library persons not residing within the municipality, under such regulations, and upon such conditions as to payment and security, as it shall by rule prescribe. Said board may also . contract with the board of county commissioners of the county in which the library is situated or of adjacent counties, or with the village trustees or governing body of any neighboring town, city or village to loan books of said library, either singly or in traveling libraries, to the residents of said county, town, city or village, upon such terms as shall be agreed upon in such contract. All such boards or officers shall have the power to contract with the board of directors of any free public library for the use of said library by the people of the county, town, city or village not having the use of a free library, upon the same terms and conditions as those granted to residents in the city or village where the library is located, and to pay such library board such an amount annually as may be agreed upon therefor, and such county, town, city or village board may establish a library fund by levying an annual tax of not over one mill on the dollar of all the taxable property outside of any city or village wherein a free public library is located or which is already taxed for the support of any such library. (4921) 272. Directors now in office — report — The directors of any such library or reading room in office under existing laws shall so continue until the expiration of their terms, but their successors shall be appointed and vacancies filled under the provisions of this chapter. At the first regular meeting of the board following the third Saturday of July, in each year, the board shall report to the governing body of the municipality all amounts received during the preceding year, and the sources thereof, the amounts expended, and for what purposes, the number of books on hand, the num- 76 ber purchased and loaned, and such other information as it deems advis- able. A copy of such report shall be filed with the state library commission. But nothing in this section shall apply to libraries in cities of the first class. (4922) 273. Title to property — free use — All property given, granted, con- veyed, donated, devised, or bequeathed to, or otherwise acquired by, any municipality for a library or reading room shall vest in, and be held in the name of such municipality, and any conveyance, grant, donation, devise, bequest, or gift made to or in the name of any public library or library board shall be deemed to have been made directly to such municipality. Every library and reading room established under this chapter shall be forever free to the use of the inhabitants of the municipality, subject to such reasonable regulations as the directors may adopt. (4923) 274. Gifts, etc. — contracts — With the consent of the governing body of any city or village, expressed by ordinance or resolution, and within the limitations of this chapter as to the rate of taxation, the library board may accept any gift, grant, devise, or bequest made or offered by any person for library purposes, or for the establishment, enlargement, or maintenance of an art gallery or museum in connection with its library, and may carry out the conditions of such donation. And the municipality in all such cases is authorized to acquire a site, levy a tax, and pledge itself by ordinance or resolution to a perpetual compliance with all the terms and conditions of the gift, grant, devise, or bequest so accepted. All ordinances adopted in reference to such donations prior to the taking effect of the Revised Laws are hereby legalized and confirmed. (4924) 275. Malicious injury to books — Every person who shall maliciously cut, tear, deface, soil, obliterate, break, or destroy a book, map, chart, picture, engraving, statue, coin, model, apparatus, specimen, or other work of literature, or object of art or curiosity, deposited in a public library, gallery or museum collection, fair or exhibition, shall be punished by imprisonment in the state prison for not more than three years, or in a county jail for not more than one year, or by a fine of not more than five hundred dollars, or by both. (8940) PART IV. SCHOOL LIBRARIES 276. Maintenance of school libraries— Every school district may pro- vide library facilities as part of its school equipment, according to the standards of the State Board of Education. (Section 1, chapter 397, Laws 1921.) 277. Same— The school board of any school district may vote sufficient funds for the maintenance of the school library, appoint a librarian, and make rules for the use and management of the library. (Section 2, chap- ter 397, Laws 1921.) 278 Same— In cities and villages of less than two thousand people, not levying a tax for public library purposes, the school board may main- tain a public library for the use of all residents of the district, and provide ample and suitable rooms for its use in the school building. (Section, 3, chapter 397, Laws 1921.) 279 Same— The State Department of Education shall from time to time prepare and amend a list of books suitable for school libraries, includ- ing dictionaries and other books of reference, histories and works of biog- raphy, literature, political ecor.omy, agriculture, travel and science. (Sec- tion 4*, chapter 397, Laws 1921.) 77 279a. Same — Upon receiving from any district a certified statement, approved by the county superintendent showing the purchase of books spec- ified and included in the list prepared under the foregoing section, the ap- pointment of a librarian for each library and the making of proper provi- sions for the care thereof, and for the free circulation of books suitable for circulation, the State Commissioner of Education shall furnish such dis- trict a requisition on the state auditor for one-half the purchase price, within the limitations of section 7 of the Laws of 1921, relating to state aid to public schools. (Section 5, chapter 397, Laws 1921.) 279b. Same — Any school board may contract with the board of any ap- proved county, city or village library to become a branch of said public library and to receive therefrom library books suited to the needs of the pupils in the school, and for the community, according to the standards established in the rules of the State Board of Education. In the event of such contract between the school board and the public library board, such school board may place in the public library' such books belonging to the school library as may be more useful in the public library for students and the community, and such school board shall annually pay to such library board, the school library book fund and the state library aid to which such school district is entitled. All books purchased by such public library from funds provided by the school district or state school library aid shall be selected from the state list for school libraries. In the event of the making of such contract, a librarian shall be em- ployed who meets the standards of the State Board of Education and the school board and library board may jointly employ such librarian who may spend her time partly in the school and partly in the library. (Section 6, chapter 397, Laws 1921.) 279c. Any school district may receive aid .for the purchase of library books on the basis of twenty dollars ($20.00) for each teacher employed with a maximum of forty dollars ($40.00) for each school building in the district, provided the district appropriates a like amount for the same purpose. (Section 7, chapter 467, Laws 1921.) XII. COMPULSORY EDUCATION— CHILD LABOR. 280. Attendance age — English language — common branches — require- ments of school. Every child between eight and sixteen years of age shall attend a public school, or a private school, in each year during the entire time the public schools of the district in which the child resides are in session; provided, however, that no child shall be required to attend public school more than (10) months during any calendar year. In districts maintain- ing terms of unequal length in different public schools, this requirement shall be satisfied by attendance during the shorter term. A school, to satisfy the requirements of compulsory attendance, must be one in which all the common branches are taught in the English language, from text-books written in the English language and taught by teachers qualified to teach in the English language. A foreign language may be taught when such language is an elective or a prescribed subject of the curriculum, but not to exceed one hour in each day. Such child may be excused from attendance upon application of his parent, guardian, or other person having control of such child, to any mem- ber of the school board, truant officer, principal, or city superintendent, * for the whole or any part of such period, by the school board of the dis- trict in which the child resides, upon its being shown to the satisfaction of such board; 1. That such child's bodily or mental condition is such as to prevent his attendance at school or application to study for the period required; or 2. That such child has already completed the studies ordinarily required in the eight grade; or 3. That there is no public school within reasonable distance of his residence, or that conditions of weather and travel make it impossible for the child to attend; provided, first that any child fourteen (14) years of age or over, whose help may be required in any permitted occupation in or about the home of his parent or guardian may be excused from attendance be- tween April 1st and November 1st in any year; but this proviso shall not apply to any cities of the first and second class; provided, second, that nothing in this act shall be construed to prevent a child from being absent from school on such days as said child attends upon instruction according to the ordinances of some church. The clerk, or any authorized officer of the public board shall issue and keep a record of such excuses, under such rules as the board may from time to time establish. (Section 2979, G. S. 1913, as amended by chapter 320, Laws, 1919.) A school conducted by a parent for his children at home is a private school under the statute where the parent is competent, the equipment is sufficient and the instruction is in the same subjects and equal to that received in public schools. (Hilton, October 16, 1918.) You ask for a construction of chapter 356, General Laws of 1911, and inquire as to age of children that parents are compelled to send to school. You are advised that under the compulsory education law chilren between the ages of eight (8) and sixteen (16) years old must attend school. The compulsory education law does not apply to children who have attained their sixteenth birthday. (Smith, Feb. 5, 1913.) See sections 279G-2797, G. S. 1913. 281. Same; duty of school board— It shall be the duty of each school board, through its clerk or other authorized agent or employe, to report the names of children between six (6) and sixteen (16) years of age, with the excuses, if any, granted in such district, to the principal teacher thereof, within the first week of school, and any subsequent excuses granted shall be forthwith reported in the same manner. The principal teacher shall provide the teachers in the several schools under his supervision with the necessary information for the respective grades of schools, relating to the list of pupils with excuses granted. On receipt of the list of such pupils of school age and the excuses granted, the principal teacher in a common, semi-graded or consolidated rural school shall report the names of children not excused, who are not attending school, with the names and addresses of their parents, to the county superintendent of schools within five days after receiving the clerk's report. The several teachers in state graded and state high schools shall report to the principal or to the city superin- tendent in like manner. (2980) The provision in regard to children of six (6) years of age and between six and eight has reference simply to reports, and the law does not make it compul- sory upon children under eight (8) years of age to be sent to school. (Smith, 191..) 282. Same; duty of county superintendent, principal teacher, etc. — The county superintendent of schools shall forthwith notify the parent, guardian or person in charge to send such child to school of whose unexr- cused absence he has been informed, and upon their neglect or refusal to comply with the notification, the county superintendent shall, upon receipt of information of such non-compliance, notify the county attorney of the facts in each case. The principal of a graded school or the superintendent of a district maintaining a high school or a city superintendent, shall pro- 79 ceed in like manner as provided in this section respecting the county su- perintendent of schools. (Section 2981, G. S. 1913 as amended by chapter 188, Laws 1921.) Notice of non-attendance should be in writing and should be served when- ever a child ceases to attend school. (Hilton, May, 1919.) 283. Same; parent guilty of misdemeanor for violation — Any person who shall refuse or fail to keep in school any child or children of whom he has legal charge or control, and who is required by law to attend school, when notified so to do as hereinbefore provided, and any person who in- duces or attempts to induce any child unlawfully to absent himself from school, or who knowingly harbors, or employs while school is in session any child unlawfully absent from school, shall be guilty of a misdemeanor, and shall be punished by a fine of not to exceed fifty ($50) dollars, or by imprisonment in the county jail for not more than thirty (30) days. (2982) 284. Same: school officer, etc., guilty of violation — Any school officer, truant officer, teacher of a public or private school, graded school principal, city superintendent or county superintendent of schools refusing, wilfully failing, or neglecting to perform any duty imposed upon him by the pro- visions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a fine not to exceed ten ($10) dol- lars, or by imprisonment in the county jail not to exceed ten (10) days. All such fines, when collected, shall be paid into the county treasury for the benefit of the school district in which such offense is committed. (2983) 285. Same; duty of commissioner of labor — The commissioner of labor and his assistants shall assist in the enforcement of the provisions of fnis act and shall have authority to examine the excuses granted under this act, to make investigation into the causes for which excuses have been granted, and to revoke and cancel any that may be found to be granted without proper or sufficient cause. (2984) 286. School census, state aid withheld until taken — A complete school census shall be in taken in every school district, common, independent and special, between July 1 and October 1, of all children between six (6) and sixteen (16) years of age, which census shall show the name and date of birth of each person required to be enumerated, and the name and ad- dress of his parent, guardian or other person having charge. The school census shall be taken by the clerk or the school board, or by some othar person or persons appointed by the school board. Such person or per- sons taking such census shall make two extra copies thereof, shall certify to the school board the correctness of the enumeration and the information therein contained. The clerk shall retain the original in his office, send one copy to the county superintendent, and one copy to the principal teacher, principal or city superintendent of the school district, before the firfist day of school of each school year, or as soon as said census has been taken. The compensation for taking said school census and making the extra copies thereof shall be three (3) cents for each pupil enumerated, as shown by the census list, except that in cities the school board shall fix the compensation for this work. The superintendent of public instruc- tion and high school board are authorized and directed to withhold the special state aid from any school district' which shall fail in any year to take the school census until such census has been taken, as herein provided for. (2985) 287. Truant schools; juvenile court — iSuch boards may maintain unr- graded schools for the instruction of children of the following classes be- tween eight and sixteen years of age: 1. Habitual truants. 2. Those incorrigible, vicious or immoral in conduct. 80 ' :-~! I 282— Continued. It shall be the duty of the principal teacher or other person in charge of any private school to make reports at such times and containing such in- formation as is herein required, respecting public schools. Such reports shall be made to the county superintendent of schools in whose county such private school is located, except where such private school is located in a city or in a district maintaining a high school, or a graded school, such reports shall be made to the city superintendent of schools or to the superintendent or principal of the high or graded school. The county superintendent, city superintendent, principal of graded school or superintendent of a district maintaining a high school, as the case may be, shall make and file a criminal complaint against the person or persons neglecting or refusing to comply with the provisions of this act relating to the sending of a child or children to school, in any court in said county having jurisdiction of the trial of misdemeanors, and upon making of such complaint a warrant shall be issued and proceedings and trial he had as provided by law in cases of misdemeanors. All prosecutions under this chapter shall be conducted by the county attorney of the county wherein the offense is committed." (Section 2981, G. S. 1903 as amended by chapter 188, Laws 1921.) 289. Child labor prohibited during school terms — No child under four- teen (14) years of age shall be employed, permitted or suffered to work At any time, in or in connection with any factory, mill or workshop, or in any mine; or in the construction of any building, or about any engineer- ing work; it shall be unlawful for any person, firm or corporation, to em- ploy or exhibit any child under fourteen (14) yeais of age in any business or service whatever, during any part of the term during which the public schools of the district in which the child resides are in session, except pursuant to consent of the mayor or president of the council of the village, for participation by children in theatrical exhibitions or concerts, as pro- vided in section 10 hereof. (3839) A child may not be employed during a school term even though the schools are closed because of an epidemic. (Hilton, Dec. 9, 1918.) 290. Same; children between fourteen and sixteen; when may be em- ployed — It shall be unlawful for any person, firm or corporation to employ- any child over fourteen years of age, and under sixteen years of age. m any business or service whatever, during any part of the term during which the public schools of the district in which the child resides are in ses- sion, unless the employer procures and keeps accessible to the truant officer of the town or city and to the commissioner of labor, assistant com- missioner of labor, factory inspectors and assistants, an employment cer- tificate as herein prescribed and a list of all such children employed. On termination of the employment of a child, such certificate shall be forth- with surrendered by the employer to the official who issued the same. (3840) 291. Same; employment certificates; when and how issued — An em ployment certificate shall be issued only by the superintendent of schools, or by someone authorized by him so to do, or. where there is no BUperin tendent of schools, by the chairman of the school board or the chairman of the board of education, or by a person authorized by Buch chairman; provided, that no superintendent of schools, m< of the school board or board of education or other person authorize d, as aforesaid, shall have authority to issue such certificates for any child then in or about to enter his own employment or the employment of a firm or corporation of which he is a member, officer or employe. (3841) 81 292. Same; employment certificate; terms of issue — The person au- thorized to issue an employment certificate shall not issue such certificate until he has received, examined, approved and retained in his possession for the inspection of the public, the following papers duly executed: (1) The school record of such child, properly filled out and signed by the principal of the school which the child last attended, and if there is no principal, then by the teacher of such child in said school which shall be furnished on demand to a child entitled thereto. (2) A duly attested transcript of the birth certificate, filed according to law with the officer charged with the duty of recording births which shall be conclusive evi- dence of the birth of such child. (3) The affidavit of the parent or guardian or custodian of the child, showing the place and date of birth of such child, but such affidavit shall not be required unless the last mentioned transcript of the certificate of birth cannot be produced; which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath and shall not demand or receive a fee therefor. Such employment certificate shall not be issued until such child has personally appeared before and been ex- amined by the officer issuing the same and until such officer shall, after making an examination, make and retain for inspection by the public, a statement, that, in his opinion, the child is fourteen years of age or up- wards, and until such officer shall have received a certificate from a reput- able practicing physician duly designated for such purpose by the school board affirming that the child has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do. Every such employment certificate shall be signed in the presence of the officer issuing the same, by the child in whose name it is issued, and shall only be issued to children who have completed the studies taught in the common schools of the district in which they reside or, a parochial or private school in which the curriculum is equal to the common schools of the district; provided, however, that no child shall be granted such certificate who is not able to read and write simple sentences in the English language. (3842) 293. Same; employment certificate to describe child — Such employ- ment certificate shall state the date and place of birth of the child, and de- scribe the color of the hair and eyes and height and weight and any dis- tinguishing facial marks of such child, and that the papers required by the preceding section have been duly examined, approved and retained for in- spection by the public and that the child named in such certificate has appeared before the officer signing the certificate and been examined. (3843) 294. School officers to report to commissioner of labor — The super- intendent of schools and chairman of school boards and of the boards ot education, shall transmit between the first and tenth day of each month to the office of the comissioner of labor of the state a list of the names of the children to whom certificates have been issued. The report shall give the date of issuing the certificate and the date of expiration; the age and sex of the child; the name of the employers and the nature of the occupation the child is permitted to engage in, and any one failing to transmit the list herein proivded for, shall be guilty of a misdemeanor. (3844) 295. Hours of labor of child under sixteen — No person under the age of sixteen years shall be employed, or suffered or permitted to work at any gainful occupation more than forty-eight hours in any one week, nor more than eight hours in any one day; or before the hour of 7:00 o'clock in the morning or after the hour of 7:00 o'clock in the evening. Every employer shall post in a conspicuous place in every room where such minors are employed, a printed notice stating the hours required of them each day of the week, feb« hours of commencing and stopping work, and 82 the hours when the time or times allowed for dinner or for other meals begin and end. The printed form of such notice shall be furnished by the commissioner of labor of the state, and the employment of any minor for longer time in any one day so stated, or between the hours of 7:00 o'clock in the evening and 7:00 in the morning, shall be deemed a violatiun of this section. (3845) 296. Violations of law; penalties — Whoever employs a child under six- teen years of age, and whoever, having under his control a child under such age, permits such child to be employed in violation of section 1, 2, or 7 of this act, shall, for such offense, be fined not less than $25.00 nor more than $50.00; and whoever continues to employ any child in violation of any of said sec- tions of this act after being notified by a truant officer or commissioner of labor of the state, shall for every day thereafter, that such employment con- tinues, be fined not less than $5.00 nor more than $20.00 additional for each day that such employment continues. A failure to produce to a truant oftcer or any official of the labor department, any employment certificate or list required by this act shall be prima facie evidence of the illegal employment of any person whose employment certificate is not produced, or whose name is not so listed. Any corporation or employer retaining employment cer- tificates in violation of section 2 of this act shall be fined $10.00. Every person authorized to sign the certificate prescribed by section 5 of this act, who knowingly certifies any false statement therein shall be fined not more than $50.00. (3846) 297. Powers of truant officers — Officials of the labor department and the truant officers may visit all factories, mills, workshops, mines, mercan- tile establishments and all other places where labor is employed and ascer- tain whether any minors are employed contrary to the provisions of this act, and they shall report any case of such illegal employment to the school su- perintendent or to the chairman of the school board or board of education and to the commissioner of labor of the state. Officials of the labor depart- ment and truant officers may require that the employment certificates and lists provided for in this act of minors employed, shall be produced for their inspection. Complaints for offenses under this act may be brought by any official of the state labor department, and any one who shall refuse to allow visitation in this section provided for, shall be guilty of a misde- meanor. (3847) 298. Terms of employment of children under 16 — That no children under the age of sixteen (16) years shall be employed at sewing belts, in any capacity whatever; nor shall any children adjust any belt to any ma- chinery; they shall not oil, or assist in oiling, wiping or cleaning machinery, they shall not operate or assist in operating circular or band saws, wood shapers, wood jointers, planers, sand paper or wood polishing machinery, emery or polishing wheels used for polishing metal, wood turning or boring machinery, stamping machines in sheet metal and tinware manufactur- ing, stamping machines in washer and nut factories, operating corru- gating rolls, such as are used in roofing factories, nor shall they be em- ployed in operating any steam boiler, steam machinery, or other steam gen- erating apparatus, or as pin boys in any bowling alleys, they shall not op- erate, or assist in operating dough grates, or cracker machinery of any description; wire or iron straightening machinery, nor shall they operate, or assist in operating rolling mill machinery, punches or shares, washing, grinding or mixing mill or calendar rolls in rubber manufacturing; nor shall they operate, or assist in operating laundry machinery; nor shall they be employed in any capacity in preparing any composition in which dan- gerous or poisonous acids are used, and they shall not be employed in any capacity in the manufacturing of paints, colors or white lead; nor shall they be employed in any capacity whatever in operating, or assisting to operate any passenger or freight elevators; nor shall they be employed In any ca- pacity whatever in the manufacture of goods for immoral purposes, or In any other employment dangerous to their lives, or their health or morals; 88 nor in any theatre, concert hall, saloon, or place of amusement. Provided that this section shall not apply to the employment of any child as a singer or musician in a church, school or academy, or in teaching or learning the science or practice of music; or as a musician in any concert, or in a theatrical exhibition with the written consent of the mayor of the city, or the president of the council of the village, w here such concert or exhibition takes place. Such consent shall not be given at any time for any child, local or transient, under ten years of age, nor in any case unless written appli- cation be made to the officer empowered to give such consent at least seventy-two (72) hours previous to any performance for which such consent may be given. Such application and the consent based thereon shall specify the name of the child, its age, and the names and residence of its parents and guardians, the nature, kind, duration and number of performances de- sired or permitted, together with the places and character of tho exhibition. The mayor of the city, or president of the council of the village, may grant such consent, and shall at least forty-eight (48) hours before the first per- formance or exhibit forward to the commissioner of labor and to the sec- retary of the Minnesota child labor committee, a notice of said application and consent; and if it shall appear to such commissioner or secretary, or assistants, that such consent is in violation of any existing law, or that the character of the performance is such as to be dangerous to the life, or limb, or injurious to the health or morals of such child, then the commissioner of labor shall have power to suspend the operation of such consent ponding in- vestigation, and shall have power upon such investigation to revoke such consent. The applicant shall be promptly notified of any suspension or revocation of a permit, and of the time and place of any proposed investiga- tion, and shall have the right to appear at such investigation and be heard. If a permit be revoked for any reason other than the unsuitableness of the proposed place, the child for whom said permit is requested shall not be permitted to appear in the proposed exhibition at any point within this state for a period of one year thereafter; and the fact that a permit may be thereafter granted by a mayor or president of the council for such child to appear in such exhibition shall not be a bar to a prosecution for violation of this act. But no such consent shall be construed to authorize any viola- tion of paragraphs one, three and four of section 4939, Revised Laws of 1905; nor shall females under sixteen (16) years of age be employed in any capacity where such employment compels them to remain standing con- stantly. Provided, that in any action brought against an employer of any child under sixteen (16) years of age on account of injuries sustained by the child while so employed, if the employer shall have obtained, and kept on file in the like manner as herein provided for employment certificates, an affidavit of the parent or guardian, stating in substance that the child is not less than sixteen (16) years of age, such employmen shall not be deemed a violation of this act. Any person employing any child in violation of the provisions of this section shall be guilty of a misdemeanor. (3848) 299. Boys under 18 not to be employed in certain occupations — No boy under the age of 18 years shall be employed or permitted to work as a messenger for a telegraph or messenger company in the distribution, trans- mission or delivery of goods or messages before 5 o'clock in the morning or after 9 o'clock in the evening of any day; and no girl under the age of 21 years shall be thus employed at any time. Any person employing any child in violation of the provisions of this section shall be guilty of a misde- meanor. (3849) 300. Physician's certificate of fitness — In case any child appears to be unable to perform the labor at which he or she is employed, the officials of the labor department or truant officers, shall require the employer of such child to procure a certificate from a reputable practicing physician duly designated for such purpose by the school board, affirming the physical fit- ness of the child for such work, and a child as to whom such certificate can not be obtained shall not be employed. Any person refusing to produce the 84 certificate herein required upon demand, or who shall employ a child when a certificate has been procured stating that such child is physically unable to work, shall be guilty of a misdemeanor. (3850) 301. Relief for indigent children of school age — Every Board of Edu- cation or school board of any school district shall investigate or cause to be investigated, by a truant officer or other authorized officer, all cases reported to it or coming to its knowledge of any child within its jurisdic- tion required by law to attend school that it is claimed to be unable to do so by reason of the fact that the services of such child are required for the support of himself or herself, or to assist in the support or care of others legally entitled to his or her services, such person or persons being unable to support or care for themselves, and when such Board of Educa- tion, or school board shall report to the county auditor of the county in which the school district is situated the facts as ascertained by them and that such relief is necessary, and thereupon the county board may after investigation furnish such relief as will enable the child to attend school during the entire school year, such relief to be furnished by such county board from the poor fund of such county, and the Board of Education or School Board of the school district shall furnish for the use of such child the necessary text books free of charge. (Section 1, chapter 429, Laws 1921.) 302. Same; duty of truant officer and of teacher — The Truant Officer or other authorized officer shall notify the teacher to whom any child re- ceiving aid under the provisions of this act may be assigned, and it shall be the duty of the teacher having charge of such child to report monthly to the Board of Education, or the School Board of the School District through the Superintendent of Schools, the progress such child is making in his or her school work, and the record of attendance, together with such other information as may be deemed necessary. Said Truant Officer or other authorized officer, shall receive the same compensation for the time engaged under the provisions of this act as he receives for similar services per- formed by him and shall be paid in the same manner. (Section 2, chapter 429, Laws 1921.) CHAPTER XIII. SCHOOL ADMINISTRATION. STATE BOARD OF EDLXATION AND STATE COMMISSIONER OF EDUCATION. Part I. 303 State board of education— A state department of education is hereby created, which shall be maintained under the direction of a state board of education composed of five representative citizens of the state. The members of the state board of education shall be appointed by the governor by and with the approval of the senate for a term ol Qve and shall hold office until their successors are qualified. Tin firsl m< mbers ol the said board shall be appointed as soon as practicable as follows: One for a term ending January 1, 1920, two for a term ending January 1 1922 and two for a term ending January 1, 1924; all vacancies in the said board shall be filled for unexpired terms by appointments by the gov The members of said board shall receive as compensation for their services the sum of ten dollars ($10) per day for each day actually spent In the per- formance of their duties and in addition thereto they shall be reimbursed in manner according to law for all necessary expenses incurred in the 85 performance of their duties as members of the board. The first presi- dent of the said board shall be the member whose term of the office shall first expire, and the president thereafter shall be chosen annually by the members of the board, but no member of the board shall serve as president longer than two years during a term in office. The first meeting of the said board shall be held at the state capitol. at the call of the president, within thirty (30) days of the appointment of the members of the board; the said board shall hold an annual meeting at the state capitol on the first Tuesday in the month of August, and in addition to the annual meet- ing the board shall hold quarterly meetings, and may hold special meet- ings, on such dates and at such places as the board shall designate. Pro- vided: That no member of the board shall hold any other office elective or appointive under the state "except a notary public," or be employed in any state institution. (Section 1, chapter 334, Laws 1919.) 304. Same; oath and contracts — Before entering upon the duties of his office each member of the state board of education shall take an oath of office which shall be filed with the secretary of state. All contracts made by the said board shall be in writing and shall be signed by its president and attested by its secretary. (Section 2, chapter 334, Laws 1919.) 305. Same; organization and rules — The state board of education is authorized to make complete organization of the department of educa- tion, as created by this act, and to adopt all necessary rules, not in conflict with the provisions of law, for the conduct of its affairs; the said board shall have authority ,also, to define the duties of appointees and employes to the end that the educational and business activities of the department of education shall be conducted under reasonable and effective regulations which shall promote the educational interest of the state and safeguard the finances appropriated for the support thereof. (Section 3, chapter 334, Laws 1919.) 306. Same; officers, assistants and compensation — The state board of education shall be provided with suitable offices at the seat of govern- ment and the said board may provide all records, files and office supplies required in the transaction of its business. The board shall have power to appoint a commissioner of education at a salary not to exceed $5,000 per annum: a deputy commissioner of education at a salary not to exceed $3,500 per annum; one head of department at a salary not to exceed $4,000 per annum; four heads of departments, each at a salary not to exceed $3,500 per annum; five heads of departments or assistants, each at a salary not to exceed $3,000 per annum; four assistants, each at a salary not to exceed $2,500 per annum; two assistants, each at a salary not to exceed $1,500 per annum and clerks and stenographers at salaries not to exceed in the aggregate the amount appropriated by the legislature for that purpose. The board shal designate the official title of all of its employes except that of the commissioner of education and fix their salaries subject to the limitations above stated, provided that the total amount paid for salaries shall not in any year exceed the amount appropriated for that purpose by the legislature. (Section 4, chapter 334, Laws 1919.) 307. State commissioner of education — The state board of education at its first meeting, shall proceed to elect a state commissioner of education who shall be the executive officer and secretary of the said board and whose term of office shall be six years. The commissioner of education shall be a person who possesses educational attainment and breadth of experience in the administration of public education and of the finances pertaining thereto commensurate with the spirit and intent of this act. The terra of service of the first commissioner of education shall begin August 1, 1919. The commissioner of education shall have authority to nominate, for ap- proval by the state board of education, such officials and employes as may be necessary to perfect and to maintain the organization of the department 86 of education as recommended by the commissioner of education and as adopted by the state board of education. The commissioner of education shall perform the duties heretofore required by law of the state superin- tendent of education as ex officio member of all official boards and such other duties and functions heretofore vested in the state superintendent of education as the law and the rules of the state board of education may pro- vide, and he shall be held responsible for the efficient administration and discipline of the various offices and divisions in the organization of the department of education; the said commissioner of education shall be re- quired to make recommendations to the state board of education which shall facilitate all of the work of the said board, and he shall be charged furthermore, with the execution of powers and duties which the state board of education may prescribe, from time to time, to promote public education in the state, to safeguard the finances pertaining thereto, and to enable the said board to carry out, conclusively, the provisions of this act. (Section 5, chapter 334, Laws 1919.) 308. Same; functions, powers and duties — All the functions, powers and duties which are now by law vested in, or by law exercised by, the state superintendent of education and his appointees, the state high school board and its appointees, and the state library commission and its ap- pointees, shall be and the same are hereby vested in, and shall be exercised by the state board of education according to the provisions of this act. The said state board of education shall administer all laws relating to state superintendent of public schools, libraries and other public educational institutions, except such laws as may relate to the state university and to the state normal schools. In order that the provisions of this act may be carried out, the state high school board, the state library commis- sion and the office of the state superintendent of education shall terminate July 31, 1919. (Section 6, chapter 334, Laws 1919.) 309. Same; report of state board of education — On or before November 15 of each even numbered year, the "state board of education shall make a report to the governor, which shall cover the biennial period ending July 31 preceding; the said report shall contain a copy of all rules of said board in force during the biennial period, the name and salary of each officer or employe in the department of education, a summary of the financial affairs, of said department, and such other matters as it may seem advisable to include in such report, or as shall be required by the governor. (Section 7, chapter 334, Laws 1919.) 310. Same; state aid to public schools and budget — The state board of education shall cause to be made under its direction studies of and investigations relating to the administration of funds appropriated by the legislature for public school aid; such studies and investigations shall be exhaustive, shall contain constructive suggestions and recommendations to the governor, and shall be transmitted by him to the legislature, the same to be embodied in and to be a part of the first biennial report of the state board of education, which shall be submitted to the governor as required by the provisions of section 7 of this act. The state board of education shall recommend to the governor and legislature such modi- fication and unification of laws relating to the state system of education as shall make those laws more readily understood and more effective in execution; and the state board of education shall prepare a biennial education budget which shall be submitted to the governor and legislature, according to the provisions of law, such budget to contain a complete statement of finances pertaining to the maintenance of the department of education and to the distribution of state aid to public schools. (Section 8, chapter 334. Laws 1919.) 311. Same; conflict of powers — In case of any apparent conflict be- tween powers, duties and functions conferred by law upon any educational officer, or person, or board, or commission named in section 6 of this act 87 and those conferred by this act on the state board of education, it shall be conclusively presumed that such powers, duties and functions belong to the state board of education to be exercised by it under the law and rules of said board. (Section 9, chapter 334, Laws 1919.) 312. Same; officers and employes to give bonds — The state board of education shall require all officers and employes under its control, who may be charged with any money or property belonging to the state, to give bond to the state in such sum and with such conditions as the said board by its rules may direct, and each bond shall be approved by the board. (Section 10, chapter 334, Laws 1919.) 313. Same; state university and state normal schools — Nothing in this act contained shall be held to apply to the University of Minnesota, or to the state normal school, or to the powers, functions and duties vested by law in the board of regents of said university, or in the state normal school boards. (Section 11, chapter 334, Laws 1919.) 314. Same; inefficiency, etc. — Any person officially connected with or employed by the department of education who shall be found inefficient or guilty of any acts inconsistent with the duties of his office shall be removed from office by the authority which appointed him. (Section 12, chapter 334, Laws 1919.) 315. Same; meetings of board prior to August 1, 1919 — The state board of education is authorized to hold necessary meetings, prior to August 1, 1919, for the transaction of business in accordance with the provisions ot this act, and any action taken by the said board at such preliminary meetings shall be legal. (Section 13, chapter 334, Laws 1919.) 316. Same; when duties of appointees begin — The powers and duties of the appointees hereunder shall not begin until August 1, 1919, except as herein above provided. (Section 13, chapter 334, Laws 1919.) PART II. SUPERINTENDENT OF EDUCATION. Note: Attention is called to the fact that, by Chapter 334, Laws of 1919, all the functions, powers and duties formerly vested in the state superintendent of education are now vested in the State Board of Education and that the Commissioner of Education now performs the duties and functions heretofore vested in the state superintendent of education as the law and the rules of the state board of education may provide. 317. Superintendent of education, etc. — The general supervision of public schools is vested in a state superintendent to be known as the super- intendent of education, and in the various county, city and district superin- tendents, the state high school board and its inspectors. (2869) 318. Same; contingent fund, expenses of — The superintendent and other persons appointed by him shall receive their necessary expenses for travel- ing and other incidental expenses incurred in connection with their official duties, to be paid from the contingent fund or from other appropriations made for such purposes. (2871) 319. Same; powers, duties, reports, etc. — Besides exercising general supervision over public schools and public education agencies in the state, the superintendent of education shall prescribe rules for the several classes of public schools receiving special state aid. He shall classify and stand- ardize rural and other public schools and prepare for them outlines and sug- gestive courses of study. He shall, under the laws prescribed therefor, issue all certificates to those employed as teachers and supervisors in public schools. 88 For the purpose of considering matters affecting the interests of public education, he shall upon notice, meet the several county and city super- intendents and school principals at such times and places in the state as he shall deem most convenient and beneficial. On or before December 1 of each even-numbered year, he shall prepare and submit to the legislature, through the governor, a report containing: 1. An abstract of the reports of the several county superintendents showing such facts and giving such information as the said superintendent may require relative to public schools, including enrollment, attendance and classification of pupils in public schools. 2. A statement of the condition of public schools and of public and other institutions of learning reporting to him. 3. The amount of moneys received and expended each year for public schools and public education, specifying the amount received from each source and the amount expended for each purpose. 4. The number, kind, and name of public schools of each class re- ceiving state aid, and the estimated amount of aid for the ensuing two years, together with such facts relating to these schools as will show their progress and work. (2872) 320. Same; to prepare uniform system of records and accounting — The superintendent of education shall prepare a uniform system of records for public schools, require reports from county and other superintendents and principals of schools, teachers, school officers, and the chief officers of public and other educational institutions, to give such facts as he may deem of public value. He shall establish and carry into effect a uniform system of accounting by public school officers, and he shall have authority to super- vise and examine the accounts and other records of all public schools. (2873) 321. Same; to prescribe rules and examine plans for buildings — He shall prescribe rules and examine all plans and specifications for the erec- tion, enlargement and change of school buildings, which plans and specifica- tions shall first be submitted to him for approval before contract is let, and no new school buildings shall be erected or any building enlarged or changed until the plans and specifications have been submitted to and have been ap- proved by the superintendent of education. He shall include in such rules these made from time to time by the state board of health, relative to san- itary standards for toilets, water supply and disposal of sewage in public school buildings. In all other respects the authority to make rules for public school buildings shall be vested in the superintendent of education. Under such rules and procedure as the superintendent or the high school board shall prescribe, he may condemn school buildings and sites which are unfit or unsafe for use as such. (2S74) 322. Same; to prepare registers, blanks and record books — He shall prepare and distribute, through the county superintendents, school registers, blanks for all reports required by this title, record books for district treas- urers and clerks, and any other blanks necessary for school business. (2877) 323. Same; to proclaim annual "Minnesota Day"— There shall be desig- nated annually by proclamation by the superintendent of public instruc- tion of this state, by and with the consent of the governor, a day between October 1st and May 1st to be designated and known as "Minnesota Day." (2806) 324. Same; observance of "Minnesota Day"— On that day all the public schools of this state shall give special attention to exercises devoted to mat- ters of interest appertaining to the State of Minnesota and its geography, history, industries and resources. (2807) 89 PART III. COUNTY SUPERINTENDENTS. 325. County superintendent; election of — In every county in this state there shall be elected at the general election in 1914, and not before a * * * county superintendent of schools. (809-1009) 326. Same; term of office— The terms of office of the said county officers shall be four years and until their successors are elected and quali- fied and shall begin on the first Monday in January next succeeding said election; and said offices shall be filled by election every four years there- after. (810-1009) 327. Same; how removed from office — The governor may remove from office any county superintendent of schools whenever it appears to him, by competent evidenct that he has been guilty of malfeasance or nonfeasance in the performance of his official duties; first giving to such officer a copy of the charges against him, and an opportunity to be heard in his defense. (5724) 328. Same; to turn over records at end of term — Every county super- intendent on retiring from office shall deliver to the auditor of his county, for his successor, the records of his office, a list of the clerks of all school districts of the county, with their postoi'fice addresses, and of all persons under contract to teach in the common schools, together with all blanks, registers, copies of laws, and other state or county property in his posses- sion; and no auditor shall make full payment of salary to any such county superintendent until he has complied with the requirements of this section. (1014) 329. Same; duties and powers of — In addition to their other duties, coun- ty superintendents shall visit and instruct each school in their counties ai least once in each term, except those under the immediate charge of a city or district superintendent, and instruct its teachers: organize and conduct such teachers' institutes as they shall deem expedient; encourage teachers' associations; advise teachers and school boards in regard to the best meth- ods of instructions, the most approved plans for building, improving, and ventilating school houses, or ornamenting school grounds, and of adapting them to the convenience and healthful exercise of the pupi's; stimulate school officers to the prompt and proper discharge of their duties; receive and file all reports required to be made to them; and make a report to the state superintendent, containing an abstract of such reports, a written statement of the condition and prospects of the schools under their charge, and such other matters as they may deem proper, or as may be called for by the state superintendent. (2878) "Can a regularly employed teacher in a common school also hold the office of county superintendent of schools?" While such double employment might possibly be justified in exceptional cases, it is not within the contemplation of law. (Childs, October 8, 1892.) 330. Same; may call meetings of district officers — The county super- intendent may call meetings of the district officers of his county at such times and places as may be convenient, to remain in session for one day, for consultation and advice in regard to school statistics, methods of organiza- tion of schools, and other matters relating to the educational interests of the public schools. (2879) 331. Same; to keep records of examination of teachers — The county superintendent shall keep in books provided by the county a record of ex- aminations of candidates to whom certificates are granted or refused, of the date of examination, the name, sex and age of each candidate, the grade of certificate granted and the grounds on which any certificate is refused, and a like record of all certificates of those teaching in his county, and of 90 such other matters as may be prescribed by the state superintendent. (2880) 332. Same; to keep records of teachers' certificates and diplomas — ■ County superintendents of schools shall record in their office in a book provided by the board of county commissioners for such purpose, all ma- terial facts concerning teachers' certificates and diplomas presented for that purpose, and shall certify to the holder of such certificates or diploma that such record has been made. (2831) It is the duty of the county superintendent to keep a record of re-examinations and revocations of teachers' licenses; and such record is the best and proper evi- dence of revocation. (32 M. 476.) 333. Same; to forward to teachers and clerks, blanks, circulars, etc. — He shall forward to teachers and clerks all blanks and circulars fur- nished him for their use, and shall be guided generally by the rules pre- scribed by the state superintendent and the high school board. (2S81) 334. Same; to report to superintendent of education — He shall report to the state superintendent, on or before September 20th of each year, the number of different pupils of school age enrolled in the schools of each dis- trict; taking care that no pupil is counted more than once, and that no one not entitled to apportionment is included. This report shall include tabulated extracts from the reports of the teachers and clerks, and such other matters as may be called for in the blanks. (2882) 335. Same; to report to county auditor — He shall in like manner, on or before the last Wednesday in October, file with the county auditor an ab- stract of the number of pupils of school age enrolled in the school of each district, and entitled to be counted for appropriation (apportionment) from the current school fund, and of months' school taught in each school during such school year. (2883) 336. Same; failure to report — No warrant shall be drawn for the pay- ment of the salary of the county superintendent for the month of October of any year unless such report to the auditor shall have been filed, and proof made of the filing of such superintendent's report to the state superintend- ent. (2884) 337. Same; to appoint deputy in certain cases— Any superintendent physically unable to visit his schools or conduct teachers' examinations in proper time may appoint a deputy superintendent for not more than sixty days in any year, to be paid by such county superintendent. (2885) 338. Same; to hold teachers' institutes— The county superintendent may hold county institutes for teachers in different parts of the county not to exceed two (2) days for each such institute in any one (1) year; or he may hold one annual institute not to exceed five days, and require the attend- ance of all persons teaching in the county schools except those in high or graded schools at any of such institutes. Teachers who have been in reg- ular attendance during the entire time of such institute designated by the county superintendent shall receive from him a certificate of attendance which shall entitle such teacher to full pay for the time her school has been closed on account of attendance at such institute, and the county commis- sioners shall allow bills for personal expenses for the county suptrintendent in holding institutes not to exceed the sum of fifty ($50.00) dollars in any one (1) year. (1020) A county superintendent is entitled to his personal expenses incurred in at- tending a teachers' training school, under the provisions of chapter 182 Laws 1905- but such expenses should be limited to conveyance to and from place of meeting and board and lodging while in attendance. (Young, p. 188.) A county superintendent is entitled to be reimbursed for hla expenses, in- cluding conveyance, hotel and lodging, while attending teachers training school, under chapter 182, Laws 1905. (Young, July, 1906.) 339. Same; traveling expenses The enmity board of each county of 91 the State of Minnesota shall audit and if found correct, allow duly itemized and verified claims of the County Superintendent of Schools for actual and necessary traveling expenses, incurred by him or his assistants In the dis- charge of their official duties. If the County Superintendent of Schools or his assistant uses his own automobile or other conveyance owned by him in the performance of his official duties, the county board shall likewise allow him therefor not less than ten (10) cents per mile for each mile uecessarily traveled in such automobile or other conveyance in the per- formance of his official duties. (Section 1016, G. S. 1913, as amended by chapter 245, Laws 1919, as amended by chapter 447, Laws 1921.) County superintendent may not be reimbursed for traveling expenses out of the county while hiring or interviewing teachers; nor for attending teachers' meet- ings other than those in his own county or called under provisions of section 2872, G. S. 1913. (Hilton, Feb. 10, 1919.) The county superintendent and his assistants are entitled to actual and nec- cessary expenses while engaged in the discharge of their duties under sections 1348, 1349, 1376, 1379, and 1380, R. L. These expenses include hotel, livery, keep- ing of teams, railway fare, etc., while in attendance at teachers' meetings, in- stitutes, training schools, meetings of school officers, at places other than where they live, and while attending meetings called by the state superintendent; but are not entitled to expenses of keeping their own teams at home while not en- gaged in official business. All such expenses are to be paid in addition to salary. (Young, May, 1907.) Chapter 33 of the Laws of 1907 repeals all legislation, general or special, as to the allowance of traveling expenses of county superintendents, and therefore section 1 of chapter 182 of the Laws of 1905, is expressly repealed. (Young, Sep- tember 23, 1907.) 340. Same; salaries of — Salaries of county superintendents, except as hereafter provided shall be fixed by the county board, and shall not be less than a sum equal to fifteen dollars ($15.00) or twelve dollars and fifty cents ($12.50) as herein provided for each organized public school in the county, to be reckoned pro-rata for the year from the time when a new school organized in any district, begins. It shall be fixed at not less than fifteen dollars ($15.00) for each public school in the county, until the salary, reckoned on that basis, reaches one thousand dollars ($1,000), and in counties where the salary, reckoned at fifteen dollars ($15.00) per school, shall exceed one thousand dollars ($1,000) it shall be reckoned on the basis of not less than twelve dollars and fifty cents ($12.50) for each public school in the county, until the salary reaches two thousand dollars ($2,000) but in no county shall the salary, reckoned on the basis of twelve dollars and fifty cents ($12.50) for each school, be less than one thousand dolars ($1,000.) Provided, that when one or more school districts are hereafter discontinued in any county as a result of consolidation, or when school in any school-building is or has been discontinued as a result of consolidation and the children usually attendant thereat are transported to another school in the same or adjoining district by the school authorities, then hereafter the salary of the county superin- tendent shall be reckoned and an assistant or assistant superintendent, if any, shall be appointed on the basis of the number of schools before such consolidation, or discontinuance, was made. In any county, except as other- wise provided in this act, the salary of the county superintendent may be fixed by the county board at such sum higher than two thousand dollars ($2,000) as the county board shall determine. The provisions of this section shall apply to all counties in this state excepting (1) those having a population of one hundred and fifty thousand or more, in which the salary of the county superintendent and the appoint- ment and salary of his assistant shall remain as now fixed by law referring to such counties, and (2) other counties where the salary of county superin- tendent is now fixed by special law in which last-named counties the salary of the county superintendent shall be fixed by such special law, but all other provisions of this act shall apply to such last-named counties. The term "school" as used in this act shall be understood to mean a school building in which a public school is held. (Section 1, chapter 141, Laws 1915.) 92 341. Same; payment of postage, stationery, etc.— The county board of each county shall pay itemized and verified bills for postage used in official correspondence and in forwarding official documents, express tele- graph and telephone charges in official business, necessarv bills for 'print- ing notices, circulars, lists of questions, annual reports" required in the proper grading of schools, and necessary and proper expenditures in con- nection with county graduation exercises, or such reports and classifica- tion records as may be required by the state superintendent, together with necessary stationery in the examination of teachers and pupils and for official correspondence; also the local expense in connection with teachers' institutes and training schools and for conducting teachers' examinations. (Sec. 1011, G. S. 1913, as amended by chapter 473, G. L. 1919.) 342. Same; assistants of, and salaries — In counties containing not less than seventy-five nor more than one hundred and twenty-four schools, the county superintendent is authorized to appoint an assistant superintendent, to be paid by the county at the rate of three dollars a day and necessary traveling expenses for each day of actual service, such service to be lim- ited to forty days in each year and one day additional for each school above seventy-five and up to one hundred and twenty-four schools. In counties having one hundred and twenty-five schools, but less than two hundred and forty, the county superintendent shall appoint one assistant, and in coun- ties having two hundred and forty schools or more, he shall appoint two assistants, and the assistant or assistants shall give their entire time to their duties as such assistant superintendents, and shall serve during the pleasure of the superintendent. The salaries of assistants appointed to serve for full time shall be fixed by the county board at not less than six hundred dollars $(600) nor more than fifteen "hundred dollars ($1,500) per annum. Assistants so appointed to serve for full time shall have had at least eighteen months' experience in public schools, and be the holders of teachers' certificates equivalent to diplomas from a Minnesota normal school, except that in counties having two assistants i! shall be sufficient it' one of them possesses the teaching experience and the certificate herein referred to. Any assistant, at the time of his appointment may or may not be a resident of the county for which he is appointed. In each case the assistant county superintendent shall assist the superintendent in the per- formance of his general duties, as directed, and report to him. (1012) PART IV. HIGH SCHOOL BOARD. Note: Attention is called to Section 6, chapter 334, Laws of 1919, (Section 286 of this compilation) which abolishes the high school board but vests the powers, duties and functions which it hi retofore possessed, in the state board of education- 343. Same; powers and duties— The board shall establish rules relat- ing to examinations, reports, acceptances of schools, and courses of study, and other proceedings in connection with high and graded schools applying for special state aid, and shall prescribe and enforce the maintenance of an optional English or business course, as equivalent to the preparatory col- legiate course; but the school board of any district may substitute any proper studies in place of any studies embraced in such course. Provided, that the privileges of the state high school board examinations shall be » \ tended, under the supervision of the board, to the private schools and academies in this state which make application therefor, and the courses of study and requirements for graduation of which correspond in general to that of state high schools, and which said private schols and academies so desiring such privilege shall submit to the same rules and Inspection with respect to these examinations as may be provided for state high schools. (2889) 93 344. Same; records and reports — It shall keep a record of all its pro- ceedings, and on or before September 1 shall make a report to the state superintendent covering the previous year, and showing in detail: 1. All receipts and disbursements, with the source and nature thereof. 2. The names and number of schools of each grade receiving aid, and (he number of pupils attending each class therein. To such report it may add such recommendations as it may deem best. (2890) 345. Same; to appoint school inspectors and examiners — It shall ap- point a high school and a graded school inspector, and such assistant in- spectors and examiners as may be necessary, and fix their compensation; but no person receiving a salary from a state institution shall receive any compensation under this section, and the pay of examiners shall not exceed three dollars per day, or fifty cents per hour. (2891) 346. Duties of inspectors and assistant — The high school inspector or an assistant shall visit and examine each high school at least once in each year, and carefully inspect its instruction and discipline, and immediately make a written report thereon. The graded school inspector and his assist- ants shall perform like duties in respect to graded schools. (2892) 347. County superintendent to conduct high school board examina- tions at designated places. — Upon written application the high school board shall empower any county superintendent to conduct the high school board examinations in the schools of his county other than high and graded. For this purpose he shall hold the same relation to the board as the principal or superintendent of schools under its supervision. He may designate the points at which such examinations are to be held. He may also appoint assistants for grading the papers of such examinations and such assistants shall be paid by the county at the rate of three dollars per day, but the number of assistants shall not exceed one for each twenty schools or major fraction thereof in the county nor shall the amount of money expended for this purpose exceed one hundred dollars in any one year. (Chapter 278, Laws 1919.) 348. Investment of state school funds — There are hereby annually ap- propriated for the purpose of investment all moneys received into the state treasury to the credit of the permanent school fund, permanent university fund, internal improvement land fund, and all other funds required to be invested in securities, or which may be loaned as provided by law. (5246) 349. Same; expenses of — There are hereby annually appropriated such sums as shall be found necessary for the incidental expenses of purchase, including the payment of interest accrued at the time of purchase, of bonds for the permanent school and university funds, payable from the current or general school and university funds, respectively, and for like expenses of the purchase of bonds for the other permanent funds referred to in section 2436, payable from the respective current or general funds. (5247) 350. Powers of state board of health and school boards — iAs to the power of the state board of health concerning the construction and equipment of schools in respect to sanitary conditions; the furnishing of vaccine mat- ter; the assembling during epidemics of smallpox with other persons not vaccinated; and as to the power of school boards compelling the vaccination of children or excluding them from school during epidemics of smallpox, see 4640, General Statutes 1913. In the absence of a statute making vaccination a condition precedent to the right of children to attend school a rule of the state board of health which has general supervision over public health, making a certificate of vaccination a con- 94 dition of the right of children to attend the public schools, cannot be sustained as an exercise of police power; and such a rule, made when there is no epidemic of smallpox and no reasonable apprehension that the disease may become pre- valent, is unconstitutional and void. (Supreme Court of Wis., 70 N. W. Rep. 247.) A general grant of power in broad and comprehensive terms to make rules for the preservation of public health, rests in the authorities to whom it is granted power to enforce, in cases of emergency, rendering it necessary in the interests of public health and for the prevention of smallpox, a regulation requir- ing children to be vaccinated as a condition to their admission to the public schools. (86 M. 353.) 351. Use of basement rooms for graded school purposes prohibited— It shall be unlawful for any school board of any public school in any city having a population of twenty thousand or more inhabitants to maintain or allow any basement room to be used for grade school purposes, except rooms used exclusively for the purpose of teaching domestic science, manual train- ing or physical cultuie; provided, however, that two basement rooms, during the year 1910, and one basement room, during the years 1911-1912, may be used in any one building. (2912) 352. Same; basement room defined — For the purpose of this act a base- ment room shall mean any room the floor of which is below the surface of the surrounding ground on all sides of said room. (2913) PART V. TEACHERS. QUALIFICATION AND TRAINING 353. Qualified teachers — A qualified teacher is one holding a certificate or license to teach, as hereinafter provided, in the school or grade for which he is employed. Contracts for teaching can only be made villi qua ified teachers. Contracts made with persons before obtaining such certificates or licenses shall only be valid from the time of obtaining the proper certifi- cate or license. (2829) A contract by a district to hire a teacher who has not procured the required certificate is void. (12 M. 448) (Gil. 337.) As to contracts to teach and qualifications for making such contracts, see sec- tion 369 and annotations. A school board may employ a student from the normal department of the school who is not a qualified teacher to assist a legally employed teacher. (Smith, January 25, 1915.) 354. Same; who are not — No person shall be accounted a qualifieo teacher in any common school district within the meaning of the school law, until such person has filed for record with the county superintendent of schools of the county where such poison intends to teach, a certificate or diploma or certified copy of either authorizing such person to teach school in such county. (2830) 355. Professional training — From and after August 1, 1915, all candi- dates for teacher's certificates by examination, renewal or endorsement of credentials, except those who have taught successfully for at least eighteen months in the public schools prior to such date, or those receiving cither a second grade or a limited certificate, must have completed such a course of professional training for teaching not exceeding thirty-six weeks, as may be prescribed by the state superintendent. Training courses in the state uhjjcersity, in late normal schools, in state high schools, or in private schools fully and fairly the equivalent of those given in state schools and approved by Hi 1, said superintendent shall be accepted as meeting the requirements for teachers training under this section. (2864) 95 356. Instrumentalities of training -For the special training of teachers for the public schools, there are established: (1) teachers' institutes; (2) training schools; (3) normal schools. (2961) 357. Institutes — Duty of state superintendent— The state superintendent shall provide for teachers' institutes and training schools in the several counties of the state, for the instruction and training of teachers in pro- fessional and academic work. He shall designate the county or counties for which such institute or training school is to be held, and the time and place of holding the same, and assign instructors and lecturers therefor. Each institute shall continue for at least four days, and each training school not less than four nor more than six weeks. (2962) 358. Same; duties of county superintendents — The superintendent of each county for which such institute or school is appointed shall give notice thereof to the teachers of his county, and shall attend and take part in the exercise, and make necessary arrangements therefor. (2963) 359. Same; use of school houses — The school board of any district in which any institute or training school is held shall allow the free use of any school house or school rooms for that purpose, upon ten days' notice of selection from the county superintendent: Provided, that such use shall not interfere with the sessions of school. (2964) The county superintendent cannot arbitrarily designate any schoolhouse or room he sees fit for the examination of teachers; but he has a right of , selection in the first instance, and when the school officers receive notice from him of such selection, if there are good reasons why they cannot grant him the use of the room selected, they must set apart for him a suitable room in a school- house of the district. The burden, in case of controversy, is upon the school of- ficers to show compliance in good faith with the statute. (73 M. 375.) 360. Same; county appropriations for — The county board of any county for which such institute or training school is appointed may appropriate therefor out of the county revenue fund a reasonable sum, to be expended by the county superintendent. Within one week after the close of such institute or school the superintendent shall pay into the county treasury any unused part of such appropriation, and shall file with the county auditor an itemized statement of the disbursements thereof with proper vouchers. (2965) 371. Same; schools may be closed during — Any teacher may close his school for the purpose of attending any institute appointed for his county, and he shall be allowed to make up the time so lost upon presenting to the clerk of the district a certificate, signed by the county superintendent, at- testing said teacher's attendance at the institute. (2966) A teacher who attends the entire term of an institute is entitled to pay for the time her school was closed on account of such attendance; and it is not necessary for her to make up such lost time. (Smith, Feb. 15, 1915.) TEACHERS' EXAMINATIONS. 372. Times and places for — The county superintendent shall hold at least two examinations a year in convenient places in his county, upon such notice as may be prescribed by the state superintendent. The time of such examinations shall be fixed by the state superintendent, and shall be uni- form throughout the state and shall determine the educational qualification of applicants for teachers' certificates. The school board of any district in which any such examination is appointed shall allow the free use of any schoolhouse or schoolrooms for that purpose, upon ten days' notice of selec- tion from the county superintendent (2836) 373. Same; fees to be paid by candidates — Every candidate at each examination for a teacher's certificate or for the renewal or extension of such certificate shall pay a fee of 50 cents before such examination Is en- 96 tered upon a renewal or extension granted. Such fees shall be collected by the county superintendent and by him remitted to the state superin- tendent. Each candidate for the endorsement of a diploma granted by a Minnesota normal school or by a normal school of another state, and each candidate for a professional certificate granted either upon examination or by endorsement of proper credentials, shall pay to the state superintendent a fee of $1.00 before such examination is entered upon or certificate issued. The fee for a permanent professional certificate shall be $5.00. The state superintendent shall at the end of each month pay to the state auditor the full amount of all such examination fees paid or remitted to him, together with a report showing the amount of fees collected for each class and kind of certificate. The state auditor shall credit all such fees to the teachers' institute fund, except those paid for the endorsement of diplomas issued by Minnesota normal schools, which shall be credited in the proper amount to the support fund of the normal school by which the diploma so endorsed as a certificate has been issued. (2861) 374. Same; expenses of; how paid — The local expenses of such exam- inations shall be paid by the county in which they are held; the expense incurred by the state superintendent under the provisions of this chapter, not to exceed twenty-five hundred dollars per year, shall be paid out of the fund for conducting teachers' institutes. (2844) 375. Same; branches of examination — All applicants for certificates shall be examined in the following branches: Reading, spelling, writing, arithmetic, grammar, United States history, composition, geography, physiol- ogy, civil government and practical hygiene. Applicants for a first grade cer- tificate shall also be examined in elementary algebra, plane geometry, phys- ical geography and physics; but the state superintendent may, in his regula- tions, designate other branches that may be taken in lieu of physical geography, physics, and plane geometry, at the option of the applicant. Applicants for any grade may, at their option, be examined in music, draw- ing, and such languages as may be prescribed by the state superintendent. Applicants for special certificates shall be examined in all the branches required for second grade certificates, and in such other branches as they wish to be specially authorized to teach. (2838) 376. Same; conduct of examinations — Such examinations shall be pub- lic, and shall be conducted by the county superintendent, or by persons ap- pointed by him, strictly according to the regulations prescribed by the state superintendent. An affidavit may be required of persons conducting such examinations that they have been conducted fairly and according to such regulations. Teachers taking part therein may dismiss their schools for not to exceed two days in each year without loss of time. (2837) 377. Same; marking on — The written answers for the scholastic exam- ination shall be read and marked under the direction oi the state superin- tendent. Markings for the professional requirements shall be given by the county superintendent, who shall also be the judge of skill in teaching and moral character of applicants. (2839) TEACHERS' CERTIFICATES. 378. Grades of — There shall bn five grades of regular teachers' certifi- cates: Third grade, second grade, first grade, second grade professional, and first grade professional. No certificate shall be granted except on satis factory proof of professional ability and moral character. Provided, the state superintendent of public instruction may in his discretion i ue certificates of qualification without examination to persons who have taught in public schools of this state for five or i years, upon their Bling with said superintendent of public instruction a written application approved by the board of education or school trustees, together with the city superin- 97 tendent or county superintendent, under whom said applicant shall have taught the greater part of five years preceding the date of application. (2845) 379. Limited second grade certificates — Limited second grade certifi- cates, good for one year, may be given by the county superintendent to persons without experience, not less than seventeen years of age, who have passed the required examination. (2853) 380. Second grade certificates — Second grade certificates shall be given to persons otherwise qualified, not less than eighteen years of age, and of at least five months' successful experience in teaching. Such certificates shall be signed by the state and county superintendent, and shall be valid for two years in the county designated, and in any other county upon in- dorsement by the county superintendent thereof. (2846) 381. First grade certificates — First grade certificates shall be given to persons otherwise qualified, and of at least eight months' successful experience in teaching. Such certificate shall be signed by the state and county superintendents, and shall be valid for five years in any county of the state, upon presentation thereof to the county superintendent of such county. (2847) 382. Special certificates — The state superintendent may issue a special certificate to (1) a graduate of a standard and approved college or state nor- mal school; (2) to one otherwise qualified who has completed such course of study and training as the said superintendent may require, authorizing the holder to teach music, drawing, home economics, manual or industrial arts, agriculture, commercial subjects or to serve as kindergarten or primary teachers. (2862) 383. Certificates from other states — The state superintendent may ac- cept or endorse certificates from other states on such conditions as he may prescribe. (2863) 384. High and normal school certificates may be accepted when — Cer- tificates from state high or normal schools, showing a standing of not less than seventy-five per cent, may be received by the state superintendent, under such conditions as he may prescribe, in place of such examination. (2840) 385. Renewal and validity of certificates — First and second grade cer- tificates may be renewed as prescribed by the state superintendent, and shall be valid in all grades below the high school unless the school board of any district, by formal action, decide otherwise, and except as otherwise expressly provided in this chapter. (2852) 386. Appeal from refusal of certificate — Any person to whom a cer- tificate is refused may, within ten days from the receipt of notice of refusal, appeal to the state superintendent, and when such refusal is for failure to pass the scholastic examination, he may on appeal have his papers reviewed and marked by the instructors in the corresponding branches of the state university, and such review and marking shall be final. (2854) PROFESSIONAL EXAMINATIONS AND CERTIFICATES. 387. Professional certificates — Permanent teachers of high character and successful experience may be granted first grade professional certifi- cates, upon passing the examination of furnishing the evidence hereinafter provided for such certificates. Such certificate shall authorize the holder to teach in any school in the state, upon presenting the same to the superin- tendent having supervision of such school, and shall remain in force as long as it* holder is engaged In educational pursuits, but shall be void after he 98 shall cease for three years so to do unless it be renewed by indorsement of the state superintendent. (2857) 388. Same; examination for — State examinations for professional cer- tificates shall be held by the state superintendent, or by a committee of three competent teachers appointed by him, at such times and places as he may direct. (2841) 389. Subjects for examination — Such examinations shall include, in ad- dition to the branches required for a first grade certificate, the following: 1. Educational science, including (1) history of education, (2) phychol- ogy, (3) general pedagogy, and (4) school organization and law. 2. Mathematics, including (1) higher algebra, (2) solid geometry, and (3) trigonometry, plane and spherical. 3. English, including (1) English and (2) American literature, and (3) rhetoric. 4. History, (1) ancient (to A. D. 800), (2) mediaeval, (3) English, and (4) American. 5. Science, including botany, chemistry, physics, geology, and physi- ography, astronomy, zoology and political science. (2842) 390. Second grade professional certificates — A second grade profes- sional certificate may be granted to any such teacher who passes a success- ful examination on all the branches included in subdivision 1, and in six branches included in the other subdivisions of section 2842 (357 herein), to be selected by him. (2858) 391. Same; first grade professional certificates — A first grade profes- sional certificate may be granted to any such teacher who passes a satis- factory examination in all the branches of subdivision 1, in two of those in each of subdivisions 2 and 3, and in three of those in each of the other subdivisions of section 2842 (357 herein), or furnishes the evidence of qualification made equivalent to such examination. (2859) 392. Same; professional permits — The state superintendent may grant to teachers, who lack not more than three of the branches required for a professional certificate, professonal permits good for one year, which shall confer during such time the same authority to teach as a professional cer- tificate. (2860) 393. Certificate and diploma in place of examination — A first grade state certificate, and a diploma from the academic department of a reputable college or university, with proof of one year's successful teaching in this state, shall be accepted, in place of an examination in all such branches (2843) 394. University diplomas; when valid as certificates — Certificates of graduation from the state university issued to graduates of the college of education and to those graduates from its college of science, literature and art (or its college of agriculture), who have taken specified courses in the college of education, shall be valid as first grade professional certificates for two years from their date, and at the expiration of two years of actual successful teaching, such certificates, endorsed by the president of the uni- versity and the state superintendent, shall have the force of permanent first grade professional certificates. (2848) 395. Advanced normal school diplomas — Diplomas issued to graduates of the state normal schools shall be valid as first grade certificates for two years from their date, and at the expiration of two years of actual, success- ful teaching, such diplomas, endorsed by the president of the school grant- 99 ing them, and the state superintendent, shall have the force of the first grade certificate for life. (2849) 396. Normal school elementary dip'omas — Elementary diplomas granted by a state normal school upon the completion of such portion of the course of study as may be prescribed therefor by the normal school board, shall be valid as first grade certificates for the period of three years from their date, and shall not be renewable; except that any holder of such an elementary diploma may have the force and effect thereof, as such first grade certifi- cate, extended for a further period of three years, by the completion of an additional one year of work in a Minnesota state normal school, and the certificate of endorsement thereon by the president of such school and the state superintendent; provided, that the provisions of this section shall not apply to persons now holding Minnsota elementary normal school diplomas, nor to any student heretofore enrolled in a Minnesota state normal school who shall be graduated prior to September 1, 1911. (2850) 397. Normal school certificates — The holders of certificates from the state normal schools, showing the completion of two years of prescribed work in such schools, shall he entitled to have such certificates endorsed by the superintendent of public instruction and thereby given the full force and effect of a second grade certificate. (3851) 398. Records of certificates and diplomas — County superintendent of schools shall record in their office in a book provided by the rr-^d of count v commissioners for such purpose, all material facts concerning teachers' certificates and diplomas presented for that purpose and shall certify to the holder of such certificate or diploma that such record has been made. (2831) If a teacher has a valid certificate, she may enter into a contract to teach be- fore the filing of the certificate and file her certificate afterward, under chapter 137, Laws 1905; but, if the board should make a contract with another teacher who had filed her certificate before the first one filed hers, the contract with the latter would prevail as against the first one who had neglected to file. However, teachers, for their own protection should he careful to file their certificates before making a contract to teach. (Young, p, 180.) 399. Suspension of certificates — Any county superintendent of schools may, for any of the causes mentioned in section 2 hereof, upon his own authority or upon written complaint of any school board of his county, and after serving notice on the teacher of the grounds of complaint, rnd after an opportunity of the teacher to make defense, suspend such teacher's authority to teach in any public school in the county. The teacher whose certificate is thus suspended may appeal to the state superintendent within ten days after receipt of notice of the suspension of the certificate. The state superintendent shall either confirm, modify or reverse such suspension, and may order that the suspension shall apply against teaching in any public school in the state, or may revoke the certificate, and his action shall be final. In case the superintendent shall' refuse to suspend a teacher's certificate upon complaint of the school board employing such teacher, the board may appeal in like time and manner, and upon such appeal the state superintendent may annul the teacher's authority to teach, by a suspension or revocation of such teacher's certifi- cate, after serving notice on the teacher of the grounds of comprint, and after opportunity for the teacher to make defense, and his action in the premises shall be final. The county superintendent shall file with the clerk of the school board and the state superintendent a statement of the suspension of any teacher's certificate, with his reason for such action, and deliver a copy of such state- ment to the teacher, whose authority to teach in such county shall cease in ten days from the service of such statement on said teacher, unless an ap- peal is taken, as herein provided. (2855) 100 400. Causes of revocation or suspension — The following shall be con- sidered as causes for the revocation or suspension of a teacher's certificate: (a) Immoral character or conduct unbecoming a teacher. (b) Failure (without justifiable excuse) to teach for the term of his contract, without first securing the written release of the school board. (c) Inefficiency in teaching or in the management of a school. (d) Affliction with active tuberculosis or some communicable disease shall be considered as cause for the suspension of certificate, while the holder thereof is suffering from such disability.. (2856) 401. Hiring of teachers — School boards shall hire teachers at meetings called for that purpose. No teacher related by blood or marriage tu u. tiustee shall be employed except by a unanimous vote of the full board. The employment shall be by wiitten conn act, signed by the teacher, ana in common districts, by at least two of the trustees; in special and inde- pendent districts, by the chairman and clerk. Such contract shall specify the time ol employment, and the wages per month. (28b2) A teacher who has no certificate at time of entering into a verbal contract, but obtains one shortly after and enters into a written contract and teaches the scnool tor the contract term, may recover at the contract rate from date of written contract. (20 M. 72.) (Gil. 57.) A conract to hire a teacher not having a certificate is void. (27 M. 433.) Where a contract purporting on its face to have been made by the district and teacher is signed by ihe teacher and two persons as director and treasurer, the implication is that such persons aie the director and treasurer and therefore two of the board such as are authorized to make the contract. (27 M. 433.) When an order has b< en legally issued to a teacher for the amount due her, and has been presented and payment demanded and refused, she may maintain action against the district, even though a writ of mandamus might lie against the treasurer. (35 M. 309.) A contract between a teacher and the trustees of a district must be in writ- ing and signed by such teacher and a majority of the trustees. (39 M. 499.) An oral contract by a teacher with a school board is not valid, and no re- covery can be had for services thereunder. (77 M. 4G9.) If a teacher holds a valid certificate at the time of making a contract which extends beyond the life of the certificate, .such contract is good, and will remain so as long as the teacher is in possession of a valid certificate and until the contract expires by its own terms. (Clapp, October 12, U91.) As a general proposition the board may discharge a teacher at pleasure. It is incumbent upon them, however, to se< to il that the cause is good and suf- ficient, otherwise the district is not releiv< d of the contract made with the teacher. The only provision winch can possibly operate to deprive the board of the power of discharging a teacher is that which authorizes the county superin- tendent to revoke a certificate for proper cause. I am of the opinion that such provision is not exclusive, the officers of the district should , ess 1 1 1 • ■ power of summary dismissal if the best interests of the school so require. Cases may arise where the conduct of the teacher is flagrantly immoral and corrupting ana calling for the most summary action on the part of the board. Certainly, tne legislature did not intend to so abridge the authority of the heard as to render them powerless in such a case. These views are fairly sustained by the follow- ing cases: Boys vs. Slate, 6 Neb. 167; Smartwood vs. Walbridge, 57 Ham. 33; Fisk vs. Board, 69 Hun. 212; Tripp vs. schuui Board, i .V W. 840. As the teach- er may eniorce his contract against the district, notwithstanding his discharge, unless justilied by the facts, the board should advise itself by careful inquiry in any suitable manner, that a just ground for discharge exists. (Childs, Septem- ber 21, 1896.) A strict construction of this section would compel the conclusion that a legal contract with a teacher cannot be made at any time other than a rig of the board called for i h purpose; but il there were such a m | which minus of the board and the teacher nut in tract, and the contract as so made reduced to writing and signed afterward it would he valid. (Young, p. 180.) A teacher who is ready and willing lo perform the services provided for in her contract, and who is prevented from doing so by an epidemic of smal or any other reason, is entitled to recover hu ?h her contract reads "for actual services rendered." (Young, p. 194 i Under sections 1344 and 1325. R. I/, a teacher's \ be pud by orders drawn by the clerk upon the treasurer. Such ord> be discounted by the 101 teacher, if so disposed, at less than face value; and if not paid when presented, may be reduced to judgement for the full amount against the district. This is the teacher's only remedy. (Young, p. 199.) Teachers cannot be compelled to make up time lost by reason of an epidemic of disease, and the board cannot refuse to pay them for such lost time; but if the teachers voluntarily acquiesce in an arrangement of the board to make up the lost time, they cannot demand extra pay. (Young, p. 204.) A contract made with a teacher who holds a valid certificate, but who has not filed it for record at the time the contract is made, and who files it after- ward, is valid under chapter 137, Laws 1905. However, if the board should, during the interval between such contract and the filing of such certificate, employ an- other teacher who has filed her certificate, the latter would prevail. However, teachers should file their certificates before entering into contracts. (Young, June, 1906.) The board of a common district may, prior to the annual meeting, employ a teacher for the ensuing year and bind the district for the legal six months and for such further time as shall be fixed by the electors at such meeting. (93 M. 411.) A qualified teacher hired at a meeting of the board, properly called for that purpose, whose contract is signed by two members of the board, has a legal teacher's contract. (Simpson, March 30, 1909.) In the absence of an express provision in the contract with a teacher, so specifying, it is not obligatory upon the teacher to do the janitor work of the schoolhouse. (Simpson, January 6, 1910.) If, in the exercise of sound judgement and discretion, a school board determines that indulging in certain pastimes outside of school hours, by teachers, is detri- mental to the work of the school, it will be competent for the board to make a rule forbidding such indulgence, on evenings succeeding school days. If, under all the facts and circumstances, such a ruJe and regulation is a reasonable one, and the action of a teacher in violating such rule is detrimental to the best interests of the school, then such failure to comply with the rule and regulation would be a cause for removal of such teaqher, though the question, in each particular case, as to the reasonableness of the rule, might ultimately nave to be passed upon by the court. (Simpson, November 4, 1909.) School boards and boards of education in independent districts have the right to grant their teachers permission to close their schools without loss of pay, for the purpose of attending a state teachers' convention. (Simpson, May 8, 1909.) The statute contemplates the payment of teachers wages at the end of each month's services, and there is no authority for a school board retaining the monthly wages of teachers two weeks after the end of the month. (Simpson, October 6, 1909.) Section 4237, R. L. 1905, provides that "The salary or wages of any officer or person employed by a county, town, city, village or school district, or by any de- partment thereof, shall be liable to garnishment, attachment and execution, except as excempted by law." (Simpson, February 25, 1909.) A person related distantly by marriage to a member of the school board can- not be elected as a teacher except by unanimous vote of such board. (Smith, March 16, 1916.) A school board may employ a substitute teacher for a temporary period only and the contract of employment need not be in writing. (Smith, April 20, 1915.) The school board is not bound by the vote at the annual school meeting that not more than a stated sum should be paid for a eacher's salary. (Smith, Novem- ber 28, 1916.) A school district cannot employ a teacher, as such, except one qualified ac- cording to law; but there is no objection to the employment of a person who is a student in a normal department as assistant to a qualified teacher, provided there are sufficient funds for the purpose and the necessities of the situation reasonably justify such an expenditure. (Smith, January 25, 1915.) There is nothing in t;he law preventing the employment of a married person as teacher or to prevent one already employed from marrying while acting as teacher under contract; and a teacher otherwise qualified and who holds a legal contract cannot be forced to resign because of being married. (Smith, October 9, 1914.) The election of the wife of the superintendent as a teacher does not require the unanimous vote of the school board. (Smith, November 2, 1916.) A public school teacher cannot wear the garb of a religious order while teach- ing in such school. (Smith, March 31, 1915.) A school board cannot employ a "principal" for a term of more than one year, (Smith, April 20, 1915.) A teacher is not obliged to make up time lost because of a storm. (Smith! April 20, 1916.) A teacher is not obliged to make up time lost because the schoolhouse was closed on election day. (Smith, April 17, 1916.) 102 401£. To keep registers — Every teacher shall keep a register, furnished by the clerk, showing the daily attendance of each pupil, and such other matters as may be required in such register. He shall also keep such rec- ord of deportment and scholarship as may be required by the board. The register shall show the names and ages of all pupils, the names and num- ber of days' attendance of all pupils between the ages of five and eight years between eight and fifteen years, and between fifteen and twenty-one years, and the names of all paying tuition. In common districts the teacher shall return such register properly kept to the clerk within ten days after the close of the first term of the school year. (2833) j 402. To report to county superintendent — Such teacher shall, within the same time, make his report to the county superintendent upon blanks fur- nished by the superintendent through the clerk, giving the names in full of al pupils enroled and the number of days' attendance of each, checking with a full report of names of all under five, over twenty-one, or paying tuition and all names so checked shall not be counted for apportionment. Within like time after the close of each suceeding term, he shall make a further report showing in like manner all additional enrollments during such term, the number of days that each pupil has attended in such term, and such other matters as may be called for in the blanks. The superin- tendent shall receipt for such reports. No order shall be issued for the payment of the wages of any teacher while he is in default in making such reports or in returning his register. In joint districts a report shall be made to the superintendent of each county showing county in which each pupil resides. Teachers and principals in other districts shall make such report as may be required by law or the rules of the board under like appeal. (2834) 403. State teacher's employment bureau — There is hereby established a bureau for the purpose of securing employment for teachers in the public schools in this state, to be known as the State Teachers' Employment Bureau, and to be maintained in connection with the department of public instruction, under the direction of the superintendent of public instruction, as hereinafter provided. (2865) 404. Same; who shall be entitled to enrollment — Any person having a certificate to teach in this state, or who has completed a course of study as required for the issuance of a certificate, or who may be found entitled to receive such certificate, and who is deemed to be a fit and capable person for teaching, shall be entitled to enroll with said State Teachers' Employ- ment Bureau upon complying with the regulations hereinafter referred to, and upon the payment of an annual fee of three (3) dollars, which fee shall entitle the person so enrolled, to the privileges and services of said bureau for the term of one year from the date of filing of enrollment and receipt of fee, (2866) 405. Same; purpose of, to furnish information — It shall be the purpose of the State Teachers' Employment Bureau to furnish information to boards, superintendents, principals, or other proper authorities of public schools, upon request regarding teachers, and to furnish teachers enrolled with th« bureau information relative to vacancies in positions in public schools; but no person connected with the State Teachers' Employment Bureau shall be held responsible for nor be understood to vouch for the fitnes or success of any teacher who may secure a position in a public school through the said bureau, nor shall the acceptance of the enrollment and payment of the annual fee be construed as a guaranty for securing tJbrougb the bureau em- ployment to teach. (2867) 406. Same; director, duties — The superintendent of publie instruction shall appoint a person who shall be known as the director of the State Teachers' Employment Bureau, who shall perform his duties under the gen- eral supervision of said superintendent, and serve during his pleasure, and 103 who shall be furnished necessary office rooms in the state capitol. The superintendent of public instruction may appoint such clerical and other as- sistants as may be required to carry out the purposes of this act, but the expense therefor shall not exceed the moneys appropriated therefor. Said superintendent shall be charged with the general managment and control of said Teachers' Employment Bureau, and shall make the necessary rules and regulations for conducting its affairs and for the obtaining of informa- tion as to the experience, qualification and character of persons seeking em- ployment. He shall collect and receipt for all fees provided for in this act, and report and pay said fees to the state treasurer once in each month. He shall furnish to the state a surety bond in sum to be fixed by the governor and state auditor, the cost therof to be paid for from the funds appropriated for the bureau. (2868) 407. Same; director and secretary may be held by one person — That the position of director of the state teachers' employment bureau provided by section 2868. General Statutes 1913, and the position of secretary of the board of trustees of the teachers' insurance and retirement fund provided by section 4, chapter 199, Laws 1915, may be held by one ana the same person. (Section 1, chapter 378, Laws 1919.) 408. Same; payment of salary — That the salary of the director of .the state teachers' employment bureau and the secretary of the board of trustees of the teachers' insurance and retirement fund, when the two positions are held by one and the same person shall be paid one-half from the department of education maintenance appropriation and one-half from the teachers' insurance and retirement fund. (Section 2, chapter 378, Laws 1919.) STATE TEACHERS' INSURANCE AND RETIREMENT FUND. 409. Pensions and annuities for teachers; definition of terms — The word teacher as used in this act shall include any teacher, supervisor, principal, superintendent, or certified librarian employed in any educational or admin- istrative capacity in the public schools of Minnesota, or in any educational, correctional, or charitable institution supported wholly or in part by this state, excepting those employed in the University of Minnesota. The term "member of the Fund Association," wherever used in this act shall mean and include every teacher (as herein defined), who shall contribute to the Teach- ers* Insurance and Retirement Fund by the payment of the dues hereinafter provided by this act. (Section 1, chapter 199, Laws 1915.) 410. Same; state fund for, sources of — For the purpose of better com- pensating the teachers in the public schools and making the occupation of "teacher" in this state more attractive to qualified persons, there is hereby established for the state a fund to be known as the "Teacher' Insurance and Retirement Fund," for the benefit of teachers who have served not less than twenty (20) years except as hereinafter provided. Said fund shall be secured from the following sources: First. From assessments on the members of the fund association ac- cording to the following schedule: For the first five years of teaching service, $5.00 per year; For the second five years, $10.00 per year; For the next ten years, $20.00 per year; For the next five years; $30.00 per year; Provided that when the regular annual salary as teacher of any member of the fund association shall have reached $1,500 or more said member shall 104 be assessed upon a percentage basis as follows: One and one-half (1%) per centum per annum, but not more than twenty (20) dollars per year for the first ten years of service as a teacher; and two (2) per centum per annum but more than forty (40) dollars per year for each successive year of service as teacher; provided that in no case shall the annual assessments based on a percentage rate be less for any year than the flat rate assess- ments for a single year of the corresponding period, said assessment period to cover not more than twenty-five (25) years in all, after which all assess- ments shall cease. Second. From all money and property received as clonal ions, gifts, legacies, devises, bequests or otherwise, for the benefit of said Teachers' insurance and Retirement Fund. Third. From all interest arising from investments of the money belong- ing to said fund. Fourth. From a tax of one-twentieth (1-20) of one mill which is hereby levied annually on all the taxable property located in that part of the state subject to the provisions of this act, after the valuation of said property has been equalized by the state; said tax to be collected by the same officials and at the same time and in the same manner as other taxes in said state, all moneys received from the tax hereby levied to be paid into and become a part of the said Teachers' Insurance and Retirement Fund. The assessments upon the members of the fund association hereinbefore referred to shall be paid in as many equal monthly payments as there are months in the school year for which the teachers' salaries are paid, and such assessments shall be deducted from the several boards of education or man- aging bodies from the salaries of teachers as hereinbefore provided. Credit on period of service may be allowed to applicants for member- ship for periods of employment prior to the taking effect of this law; but in such case the applicant must pay arrearages at the above rates for the period of sexwice for which credit is so allowed under rules to be adopted by the board of trustees, hereinafter referred to, and the rules adopted by said board shall be uniform in their operation as to all persons affected. In case any teacher has retired for any cause before he or she has paid in fees a sum equal to the full amount of fees required for the annuity applied for and to which such teacher is entitled by period of service, there shall be deducted from the first year's annuity to such teacher such sum as will make the total amount paid by said teacher equal to the full amount of said fees. (Section 2, chapter 199, Laws 1915.) 411. Same; contributions from teachers — How paid and collected — It is hereby made the duty of each board of education or managing body re- quired by law to draw the warrants or orders for payment of salaries of teachers to deduct and withhold from each month's salary due to such teach- er the amount which such teacher is required to pay into said insurance and retirement fund as herein specified, and at the time of such deduction a statement showing the amount of such deductions shall be furnished to such teacher. Such board of education or other managing body shall, between the flrsl and fifteenth of January and between the first and fifteenth of July of each year, forward to the treasurer of the county in which such school district is situated a statement, verified by the kary or clerk thereof, showing the amount of money so retained from each teacher in accordance with t lie- provisions of this act, and with said statement shall transmit Hie entire amount so retained to the treasurer of said county; and in case any school district is situated in more than one county such report and remittance shall be sent to the senior county. Said board of education or other managing body shall also, on or before the fifteenth day of July of each year, trans- 105 mit to the county superintendent a statement showing the name of each teacher, the number of months of school taught during the year for which the statement is made, the number of months which constitute a school year in said district or institution, and the total amount withheld from the salary of each teacher for the school year preceding, showing also the num- ber of years each of said teachers has taught in the public schools of that district. If no teacher in such public school or other educational institution comes under the provisions of this act, said report shall state such fact and shall be verified by the oath of the clerk or secretary. The failure of any member of a school board, board of education or other body having the management of any educational institution to perform any of the duties herein required of them shall "be a misdemeanor. Each county superintendent shall each year, on or before the first day of September, report under oath to the board of trustees of the State Teach- ers' Insurance and Retirement Fund, giving an itemized summary of the statements received by him from the school boards and other educational managing bodies, showing the total amount withheld from the salaries of teachers in said county for the benefit of said insurance and retirement fund. Between the fifteenth and thirtieth day of January and between the fifteenth and thirtieth day of July of each year, the county treasurer of each county shall transmit to the state treasurer all moneys received from the boards of education or other managing bodies of school districts or other educational institutions, in accordance with the provisions of this act, and shall certify under oath to the correctness of the amount so received and transmitted. The state treasurer shall credit all moneys received under the provisions of this act to the State Teachers' Insurance and Retirement Fund. Provided, however, that the state treasurer, the several county treas- urers and the treasurers of the various school districts shall be officially liable for the receipt, handling and disbursement of all moneys coming into their hands belonging to the said State Teachers' Insurance and Retirement Fund, and the securities on the official bonds of each of said treasurers shall be liable for such money the same as for all other moneys belonging to the school funds of this state. (Section 3, chapter 199, Laws 1915.) A teacher employer for the first time on September 1, 1915, is required to be- come a member of the retirement fund asociation and is required to pay the fixed sum into such fund. (Smith, Feb. 17, 1916.) 412. Same; management of fund, board of trustees, powers of — The management of the fund shall be vested in a board of five (5) trustees, which shall be known as the "Board of Trustees of the Teachers' Insurance and Retirement Fund." Said board shall be composed of the following per- sons: The state superintendent of education, the state auditor, the attorney general and two (2) members of the fund association, who shall be elected by the members of the fund association at the time and place of the annual meeting of the Minnesota Educational Association and shall serve for the term of two years beginning on the first Monday of January next succeeding their election, except in the case of the first elective members, who shall assume office, immediately after their election and serve one for one year and one for two years from the first Monday of January next succeeding their election and until their successors are elected. Vacancies in the elec- tive membership of the board shall be filled by appointment by said board of trustees, the appointee to serve until the next meeting of the fund associa- tion, when the members of said fund association shall elect a trustee or trustees to serve for the unexpired term or terms. No person shall be appointed by the board of trustees or elected by the members of the fund association as a member of the board of trustees who is not a member of the fund association at the time of the appointment or election. In the interval between the passage of this act and the time when the first elective members of the board of trustees shall assume office, as here- inbefore provided, the superintendent of education, the state auditor and 106 the attorney general shall constitute a temporary board of trustees of the Teachers' Insurance and Retirement Fund and shall be empowered to per- form the duties of said board. Said board of trustees shall have power to frame by-laws for its own government, not inconsistent with the laws of the state, and to modify them at pleasure; to elect one of its own members as president of the board and to provide and enforce all rules and regulations necessary to carry into effect the provisions of this act; to elect a secretary, who shall serve during the pleasure of the board, and to fix the salary and prescribe the duties of the office of secretary; to authorize the issuance of warrants by the state auditor on the state treasurer, for the payment out of said fund of all annuities or benefits payable under the provisions of this act, of the salary of the secretary, and other necessary expenses. All applications for annuities or benefits under this act must be made to said board. In passing upon said applications, said board may summon witnesses and, in the case of applications founded on disability, may re- quire any applicant to submit to a medical examination al his or her own expense, and, in the case of all applicants, may conducl any reasonable in- vestigation to determine the justice of any claim submitted. It may sue or be sued in the name of the board of trustees of the Teachers' Insurance and Retirement Fund, and, in all actions brought by or against it, said board shall be represented by the attorney general. Said board shall constitute a part of the state government, but in any action brought against it by any person claiming to be a beneficiary of said Teachers' Insurance and Retire- ment fund it shall not claim immunity from suit. It shall be the duty of said board to invest as much of the funds in its hands as shall not be needed for current purposes. Such investments shall be made in the same class of securities as those in which the school funds of the state are required to be invested, and all securities taken upon such investments shall be deposited with the state treasurer; but in case of necessity such securities may be sold in order to raise money for current purposes. No such scale shall be made except by the unanimous vote of said board, such vote to be entered upon the records of its proceedings. All in- terest obtained from such investments shall be placed in the general fund, to be used for current purposes. A suitable office in the capitol, with suit- able furniture and necessary office supplies, shall be provided by the proper state officer for the use of said board of trustees. (Section 4, chapter 199, Laws 1915.) 413. Same; meetings of board of trustees, compensation and expenses f — The board of trustees shall meet annually at the office of the secretary, in the state capitol, on the second Saturday in September at an hour to be fixed by the board. Special meetings may be held at any time on the call of the president of said board or by any three members thereof. The state auditor, state superintendent of education and attorney general shall serve as members of said board without additional comp on, but the elec members of said board shall be entitled to compensation at the rate of five dollars per day and necessary expenses, while attending all meetings of said board, to be paid out of the insurance and retirement fund. (Section 5, chapter 199, Laws 1915.) 414 Same; fiscal year, reports of trustees and publication of— The fiscal year of the insurance and retirement fund shall begin on the first day of August and shall end on the thirty-first day of July. The board of trus- tees shall present annually to the fund association at its annual meeting hereinafter provided for, a report of the condition of said funds lor the last preceding year, which shall include the receipts and expenditures on count of the fund, together with a list of the beneficiaries ih-reof and of the securities in which said fund is [nvei t< d. A copj n port shall be sent to the governor, a copy shall be retained by the state superintendent 107 of education, and a copy sent to each county superintendent, city superin- tendent, graded school principal, and the superintendent or president of each state educational institution. This report shall be published in the biennial report of the state superintendent of education. (Section 6, chapter 199, Laws 1915.) 415. Same; state treasurer to be treasurer of fund, duties of — The treas- urer of the state shall be ex officio treasurer of the Teachers' Insurance and Retirement Fund, and his general bond to the state shall cover any liabiliii* ; for his acts as treasurer of said fund. He shall receive all moneys payable to said fund and pay out the same only on warrants issued by the state auditor upon vouchers signtd by the president and secretary of the board of trustees- Said treasurer shall give receipts for all moneys received by him for said fund, shall keep full and correct account of the financial trans- actions connected therewith, and shall make an annual report to the board of trustees at its annual meeting of the receipts and disbursements and other financial transactions connected with said fund. (Section 7, chapter 199, Laws 1915.) 416. Same; membership and conditions thereof — Any person em- ployed as teacher, when this act takes effect, in any public school in this state or in any other educational institution included in section one of this act shall be permitted to become a member of the fund association and to receive the benefits of this act, if application be made, in writing to the board of trustees of the Teachers' Insurance and Retirement Fund on or before September 1, 1917. At the time of making application to the board of trustees as herein provided, such teachers shall notify the local school board or managing body of the institution in which he or she is employed, in writing, of his or her election to come within the provisions of this act and shall authorize said board or managing body as a part of said notice to deduct or withhold on every pay day from his or her salary the amount which he or she would pay into the fund, as specified in section two. Any person who shall accept employment in this state as a teacher, as hereinabove defined after September 1, 1915, and who shall not have been employed in this state at the time this act takes effect shall by virtue of the acceptance of such employment become subject to all terms, pro- visions, and conditions of this act, and shall become a member of the fund association. (Section 8, chapter 199, Laws 1915.) The expression "accept employment" in section 8, of this act does not refer to the time of signing the contract but to the actual entering upon and rendering of teaching service under a contract. (Smith, June 19, 1915.) 417. Same; annuities, schedule and payment of — Any member of the fund association who shall have rendered twenty (20) years or more of service as teacher in the public schools, one year of which may have been a leave of absence for study, and at least fifteen years of which including the last five immediately preceding the term of retirement, have been spent in the public schools of this state and who ceases to be em- ployed as a teacher for any reason, shall be retired at his or her own re- quest by the board of trustees and receive an annuity in accordance with the following schedule: For 20 years of service $350.00 For 21 years of service 380.00 For 22 years of service 410.00 For 23 years of service 440.00 For 24 years of service 470.00 For 25 years of service 500.00 In computing the time of service of a teacher, the length of the legal school year in the district or institution where such service was rendered shall constitute a year, provided such year shall not be less than seven 108 months. In a calendar year credit shall be allowed for only one year of service. If a teacher teaches for only a fractional part of any year, credit shall be given for such fractional part of a year as the term of service rendered shall bear to the legal school year of such district or institution, but in no case shall the legal year be less than seven months. Such annuities shall be paid quarterly. Any teacher who shall become mentally or physically incapacitated after having served as teacher for fifteen (15) years, ten (10) of which shall have been in this state, shall be entitled to receive an annual benefit from the insurance and retirement fund equal to as many twentieths of the full an- nuity for twenty (20) years as the term of total service rendered by such teacher bears to twenty (20) years. Any person retiring under the provisions of this section may return to the work of teaching in said public schools, but during said term of teaching the annuity or benefit paid to such person shall cease. Said annuity shall again be paid to such person upon his or her further retirement. (Section 9, chapter 199, Laws 1915.) A teacher must have been in continuous teaching service in Minnesota (out- side of cities of the first class) for five successive school years immediately pre- ceding the time of retirement from teaching in order to become entitled to receive an annuity under this section. (Smith, June 29, 1915.) Teaching in county training schools or in summer terms of the state normal schools counts toward the required teaching period referred to in sections 1, 2, 8 and 9, of this act. (Smith, June 19, 1915.) A beneficiary receiving an annuity from the teachers' retirement fund can teach in private schools without forfeiting the right to the annuity. (Smith, Sep- tember 6, 1916.) A leave of absence granted during any one of the last five years before retire- ment may be counted as one of the last five successive years of teaching referred to in section 9, chapter 199, S. L. 1915. (Smith, September 24, 1915.) 418. Same; refundment on termination of membership, conditions of — In the event that any member of the fund association ceases to be a teacher in the state and thereby terminates membership in the fund association before drawing an annuity, such member shall, if application be made in writing to the board of trustees within six months after his or her resigna- tion, be entitled to the return out of the fund without interest of such sum as shall equal one-half of all moneys paid into the fund by such teacher; pro- vided further, that, in the event such teacher subsequently returns to teach- ing in Minnesota and thereby becomes a member of said association, such teacher shall be required to refund to said insurance and retirement fund the amount so drawn with interest thereon at the rate of five per cent pei annum, such sum to be refunded within one year from his or her return. In case of the death of any member of this fund association before an an- nuity shall have been drawn from said fund, the board of trustees shall re- fund to his or her estate, heirs, or assigns an amount equal to one-half that annuity paid into the fund by said member. (Section 10, chapter 199, Laws 1915.) 419. Same; annuities not subject to legal process — The annuity so created shall not be subject to assignment or seizure on legal process against any beneficiary. (Section 11, chapter 199, Laws 1915.) 420. Same; reduction of annuities, when and how effected — The board of trustees may ratably reduce the annuities provided in this act whenever, in the judgment of the board, the condition of the fund shall require such reduction. (Section 12, chapter 199, Laws 1915.) 421. Same; when and how annuities may be granted — Annuities may be granted by the board of trustees at any time after the passage of this act, such annuities beginning at the date on which the granl is made, but no payments shall be made before September 1, 1916. (Section 13, chapter 199, Laws 1919.) 109 422. Same; elections of two members of trustees by teachers— A.t the time and place of the meeting of the Minnesota Educational Association in 1915, those teachers who have qualified as members of the fund- association by complying with the provisions of section 8, of this act shall meet at the call of the state superintendent of education for the purpose of electing tiom said members of the fund association two members of the board of trustees of the Teachers' Insurance and Retirement Fund, as hereinbefore provided, and annually thereafter at the time and place of the annual meeting of the Minnesota Educational Association the board of trustees shall call a meeting of the members of the fund association for the purpose of electing one or more members, as may be required, of said board of trustees, and hearing the annual report of said board, and of transacting any other business that may properly come before said meeting. (Section 14, chapter 199, Laws 1915.) * 423. Same; act not to apply to certain cities — This act shall not apply to any city of the first class in this state. (Section 15, chapter 199, Laws 1915.) Teaching service in cites of the first class (St. Pauil, Minneapolis and Duluth) may be counted as a part of the fifteen year teaching period in Minnesota referred to in section 9, of this act. (Smith, June 19, 1915.) Note — The law of 1915 relating to State Teachers' Insurance and Re- tirement Fund, being chapter 199 of Laws of 1915 and sections 409 to 423 inclusive of this compilation, neither repeals nor affects the prior law relating to Teachers' Retirement Fund Associations in cities of more than ten thousand population, being chapter 343, Laws of 1909 as amended by chapter 300 of 1917. The latter law is omitted from this compilation for the reason that associations under it have been formed only in two or three of the larger cities and are not likely to be formed elsewhere hereafter. For the old law see sections 1422 and 1430, general statutes of 1913 and amend- ments as noted. PART VI. I STATE PUBLIC LIBRARY COMMISSION. Note: The functions, powers and duties of the former State Public Library Commission are now exercised and performed by the State Board of Education and the sections of the statutes pertaining thereto thus, by reference, become a part of the general laws on education. 424. Purchase of books; office— The commission may purchase collec- tions of books, to be property of the state, and used as a state circulating library, from which any town, village, or community may borrow under pre- scribed regulation. It shall divide such books into groups, to be known as traveling libraries, catalogue and prepare them for circulation, and make rules for the conduct of its business, such as shall insure the care, preserva- tion and safe return of all books loaned. Suitable rooms shall be pro- vided in the capitol for its use. (4913) 425. To advise librarians, etc.— Said commission, without charge, shall give advice and instruction to the managers of any public library and to the trustees or agents of any village, town or community entitled to borrow from said collections, upon any matter pertaining to the organization, maintenance, or administration of libraries. It shall assist, by counsel and encouragement, in the formation of libraries where none exist, and may send its members to aid in organizing the same, or in improving those already established. (4914) 426. Statistics; reports; disbursements — The commission shall keep statistics of the free public libraries of the state, and a record of the work 110 done and the books loaned by it, and report the same to each regular session of the legislature with a statement of its expenditures, the use made of the traveling libraries, and such other matters as it deems proper. Upon presentation of itemized vouchers, approved by at least three mem- bers of the commission the state auditor shall issue his warrants for all proper expenditures hereunder. (4915) CHAPTER XVIII STATE UNIVERSITY. 427. Board of regents — The government and general educational man- agement of the state university is vested in a board of twelve regents, consisting of the governor, the state superintendent, the president of the university, ex-officio, and nine other regents appointed by the governor by and with the advice and consent of the senate. Such board shall be a body corporate under the name of the University of Minnesota, li shall have a common seal and alter the same at pleasure. (3010) The board of regents of the university cannot make promissory notes in the commercial sense, but may make contracts for erecting- buildings and give written evidence of debt incurred therein, payable at a future day, out of the fund pro- vided by the legislature; and judgments may be brought against the board for such debts, but such judgments bind only the fund on the faith of which the credit was given. All persons dealing with the regents must take notice of their powers. - The title to all lands reserved by congress for the use and support of the university, and of all property, real and personal, acquired by the regents, with the fund placed at their disposal is in the state. (7 M. 61) (Gil. 45) University of Minnesota — The board of regents of the state university are by section 4, article 8, of the constitution, and by section 1470, R. L. 1905, constituted a body corporate under the name of the University of Minnesota. Board of Regents — Such board is by law exclusively vested with the manage- ment of all the educational affairs of the institution, and the courts of the state have no jurisdiction to control its discretion; but, if the board refuses to per- form any of the duties imposed upon it by law, mandamus will lie to compel it to act. 428. Same; term of office — vacancies — The term of office of the regents shall be six years, and until their successors qualify, beginning on the first Wednesday in March succeeding their appointment. Any appointment to fill a vacancy shall be for the unexpired term. (3011) 429. Same; organization — The board shall elect one of its members as president, and also a recording secretary and treasurer, neither of whom may be a regent, and in its discretion it may elect a vice president. They shall hold office during the pleasure of the board. The annual meeting shall be held on the second Tuesday in December. Such special meetings may be held as the board may direct. Before entering upon the duties of his office, the president shall file with the secretary of state a bond to the state in the sum of ten thousand dollars, and the treasurer a bond in the sum of fifty thousand dollars, both to be approved by the governor, con- ditioned for the faithful performance of the duties of their respective offices. (3012) 430. Same; powers and duties — The board shall enact by-laws for the educational government of the university, and shall elect proper professors, including a professor in Scandinavian languages and literature, teachers, officers and employes, and fix their salaries and terms of office, determine the moral and educational qualifications of applicants for admission, pre- scribe text-books and authorities and courses of study, and, in their discre- tion, confer such degrees and diplomas as are usual in universities. It shall have supervision and control of the agricultural experiment station, and of the experimental tree station, and, with the advice of the president and sec- retary of the state, horticultural society, shall appoint a superintendent of 111 such tree station, who shall report to the board as it may direct, and to such society annually in person at its winter meeting. (3013) 431. Same; to report to governor — On or before the second Tuesday in December, the board shall make an annual report to the governor, showing in detail the progress and condition of the university during the preceding university year, its wants, the nature, cost, and result of all improvements, experiments and investigations, the number and names of professors, teach- ers, and students in each department, the amount of money received and disbursed, and such other matters, including industrial and economic sta- tistics, as it may deem important. A copy of such report shall be trans- mitted to each college or university endowed by act of congress, and to the secretary of the interior. (3016) 432. Same; power to accept bequests, etc. — The University of Minne- sota may accept, in trust or otherwise, any gift, grant, bequest, or devise lor educational purposes, and may hold, manage, invest, and dispose of the same, and the proceeds and income thereof, in accordance with the terms and conditions of such gift, grant, bequest, or devise, and of the acceptance thereof; and any person or persons contributing not less than fifty thousand dollars to the university may endow a professorship therein, the name and object of which shall be determined by the board. (3017) 433. Purchasing agent; powers and duties- — The president of the board of regents by and with the consent and approval of the members of saiU board, shall appoint a purchasing agent, whose duties shall be as herein provided for and whose compensation shall be fixed by the said board of regents and paid out of the funds provided for the maintenance of said university. The said purchasing agent shall attend to the purchasing of all necessary supplies for the several departments of the state university. Pre- vious to the termination of each quarterly period of the year the dean or other executive head of each of the several departments of the state univer- sity shall prepare estimates in detail of all the supplies required for such department for the ensuing quarterly period. Prior to the opening of such quarterly period such estimate shall be submitted by the said dean or other executive head of each of said departments to the executive committee of said board of regents, which estimate so submitted shall be carefully ex- amined and, if necessary, revised by said executive committee. Upon the approval of such estimate by such executive committee the same shall be prepared in triplicate, and one of said estimates shall be retained by the said board of regents, and one thereof shall be delivered to and filed with the state auditor of this state. Such estimates bearing such approval shall gov- ern and control said purchasing agent in the purchasing of supplies for the several departments of the state university. No disbursements for such pur- poses shall be made except on the warrant or requisition of said purchasing agent, the said purchasing agent shall give bond in such sum as said board of regents shall require for the faithful and diligent performance of his duties. (3061) 434. Same; to submit statements — Each purchasing agent shall at the close of each month prepare in triplicate statements showing all purchases made by him during said month for the several institutions, th^ names and addresses of persons from whom said purchases were made and the several prices paid therefor. He shall accompany the same with an affidavit that the statement is correct, that the articles therein specified were duly au- thorized by the-proper board upon prepared statements and estimates, were received under his direction at the institution named herein, that the sev- eral prices paid therefor were reasonable, that said goods were of proper and stipulated quality and grade, and that neither he nor any person in his behalf has any pecuniary or other interest in said purchases, or has re- ceived or will receive in any way any pecuniary or other benefit therefrom. He shall also each month prepare in triplicate and cause to be re- ceipted by the signatures of the several parties named therein, payrolls 112 showing the monthly salaries and compensation of all officers, teachers, and employes in said several institutions, and shall file one copy of said state- ment and said payroll with the president of the board of regents or president of the normal school board, as the case may be, and two copies with the state auditor. The auditor upon receiving the same shall draw his warrant upon the state treasurer for the amount called for in each expense list and payroll, and transmit the same to the treasurer, attaching thereto a copy of said expense list and payroll. Upon receipt of the same the treasurer shall send his checks to the several persons named therein for the amount of their respective claims. (3063) 435. Limitation of expenses of board of regents — No member of the board of regents or of the normal school board, and no person in the em- ploy of either board shall be paid for any expense incurred, unless it shall appear that said expense was duly authorized by the executive committee nor the president of the board, and an itemized, verified account of the same, accompanied by sub-vouchers, where said sub-voucher are practicable, is furnished by the claimant, and filed with the state auditor for his written audit. Such verification shall state that said expense bill is just and cor- rect and for money actually and necessarily paid or to be paid for the pur- poses therein stated. If said expense is to be incurred in visiting another state, then, before said visit is authorized or undertaken, the said executive committee or president must certify, in writing, the purpose of said visit, the necessity existing for the same, and the maximum expense to be in- curred therefor, which certificate must be presented to the governor of the state for his approval. If he does not approve the same, the said visit shall not be undertaken. If the above provisions are complied with, the auditor shall pay such expense account in the same manner as monthly expenses and salaries are paid under the provisions of this act. (3064) 436. Board of regents not to exceed appropriations — It shall be unlawful for the board of regents of the normal school board to permit any expend- itures for any purposes in excess of the amount appropriated or contemplated by law, and any member or agent of either of said boards violating this pro- vision, shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than one hundred dollars ($100) or more than one thousand dollars ($1,000), or be imprisoned in the county jail for not less than six (6) months, or by both fine and imprisonment. (3065) 437. Financial authority of board of control— The board of control shall have and exercise full authority in all financial matters of the several in- stitutions named in this act, so far only as relates to the erection and construction of new buildings, the purchasing of fuel, and the placing of insurance on buildings and contents. When new buildings are to be erected and constructed by authority of the state, it shall be the duty of the board of control to cause to be prepared plans and specifications for the same, but in so doing it shall consult with the local board in respect to said plans and specifications, and shall adopt and carry out so far as it deems practical, their request and desires in the matter. Provided that said state board of control may in its discretion authorize the controlling toaxd of any in- stitution, for which any building is authorized to be constructed, to con- struct such building in case the cost thereof does not exceed the sum of five thousand ($5,000.00) dollars. If such authorization be granted said state board of control shall file its written consent thereto with the state auditor, and thereupon such building may be constructed under the direction of such controlling board. The board shall not let any contract for the erection and construc- tion of new buildings that may hereafter be constructed without first pub- licly advertising for at least two weeks in some legal newspaper published in the county, where the work is to be performed, for separate sealed bldfl for general construction, plumbing, heating, ventilating work required in the construction of such building?, and for separate sealed bld3 covering 113 the entire work required in such construction in which advertisement, the time and place shall be fixed for the opening of such bids, and that all such bids shall be opened publicly, and a record of Hie same, giving the name of the bidder, the classification of the work or material bid upon, and the amount of the bid, shall be made and filed with the secretary of said board as a public record, and that no such contract shall be made and entered into except with competent and responsible contractors and builders who can furnish a good and sufficient bond as required by law. (3066) Such person shall hold office at the pleasure of the board of regents. 438. Controller for university; bond required— The board of regents of the state university is hereby authorized to appoint some suitable person to the office of "comptroller" for the university, which office is hereby created. Before entering upon the performance of his duties he shall give bond to the state in the sum of twenty thousand ($20,000) dollars, condi- tioned for the faithful performance of his official duties. If a surety bond is given the cost thereof may be paid by the university from its appropriation for maintenance. The comptroller shall receive such compensation as shall be fixed by the board of regents, to be paid from the appropriations for maintenance of the university. (Section 1, chapter 486, Laws 1917.) 439. Same; to have charge of business affairs of university — The comp- troller shall have charge, under the general direction and supervision of the board of regents, of all the business affairs of the university, including accounting, purchasing of material and supplies, the business relations of the university with the board of control, the administration of the financial budget of the university and the care of the buildings and grounds of the university. (Section 2, chapter 486, Laws 1917.) 410. Same; to employ a chief accountant and other assistants — The comptroller, subject to the approval of the board of regents, may employ a chief accountant, purchasing agent and superintendent of buildings and grounds and such other employes as may be necessary to the proper administration of the duties hereinbefore devolving upon him. Such em- ployes shall receive such compensation, to be paid from the appropriations for the maintenance of the university, as shall be fixed by the board ot regents. (Section 3, chapter 486, Laws 1917.) 441. Same; to formulate budget for ensuing fiscal year — It shall be the duty of the comptroller on or before the first day of August in each year to formulate under the direction of the board of regents, a "budget" for the ensuing fiscal year. Such budget shall contain a detail estimate of the funds which will be available for expenditure by the uni- versity for the next ensuing year and apportionment of such funds for expenditure to the various colleges, departments and divisions of the uni- versity. A copy of such budget, approved by the board of regents, shall be filed with the comptroller and a copy thereof to the state auditor. The comptroller shall not make or authorize any disbursement except as provided for in said budget, without the written consent and direction of the board of regents. (Section 4, chapter 186, Laws 1917.) 442. Payment of salaries, etc. — The payment of salaries and supplies shall be in conformity with the budget as approved by the board of regents and the method of procedure shall be in conformity with the system ap- proved by the state auditor, state treasurer, attorney general and public examiner. The dean or other acting head of the college or department shall certify the list of departmental instructors and employes as provided for in the budget. It shall not be necessary that such list be signed or receipted by the persons named therein and to whom payments are to be made. (Section 5, chapter 486, Laws 1917.) 443. Duties of purchasing agent — The purchasing agent hereinbefore provided for, shall have charge, under the general direction and supervision 114 of the comptroller, of the purchase of all materials and supplies for the university and the several colleges and departments thereof, the purchase of which is not by law entrusted to any other board or officer. (Section 6, chapter 486, Laws 1917.) 444. Not to modify chapter 174, Laws 1917 — Nothing in this act shall in any way repeal, modify or affect chapter 174, General Laws of Minnesota for 1917, being a bill for an act to provide for the purchasing by the state board of control of stationery, furniture, supplies and equipment for all the governmental departments of the state, not now under the financial and exclusive management of said board, and repealing all acts and parts of acts inconsistent herewith, approved April 10, 1917. (Section 8, chapter 486, Laws 1917.) 445. University, colleges and departments — The University shall com- prise: (1) A college of science, literature and arts; (2) a college of agri- culture, including military tactics; (3) a college of mechanic arts; (4) a college or department of law; (5) a college or department of medicine; (6) a college or department of dentistry. (3020) 446. Sectarian instruction prohibited — In the selection of professors, instructors, officers and assistants of the university, in the studies and exercises, and in the management and government thereof, no partiality or preference shall be shown on account of political or religious belief or opinion, nor shall anything sectarian be taught therein. (3021) 447. Department of pedagogy — That it shall be the duty of the board of regents to organize and establish in the University of Minnesota as soon as practicable a teachers' college, or department of pedagogy, for the pur- pose of affording proper professional training for those persons who intend to become public and high school instructors, principals and superintend- ents of schools. (3051) 448. School of mines — The following sums are hereby appropriated annually, out of the state treasury: For the support of the school of mines of the state university, five thousand dollars. For the salaries of instructors in said school of mines and for the salary of a professor of electrical engi- neering in said university, forty-five hundred dollars. (3025) 449. Agricultural extension and home education — The board of regents of the University of Minnesota is hereby authorizea and directed to estab- lish a division of agricultural extension and home education in the depart- ment of agriculture of the University of Minnesota. (3027) 450. Same; purposes of work— The purpose and work of said division shall be to devise and prescribe comprehensive elementary courses in the various phases of husbandry; to teach such courses to all persons in the state desiring instruction in them, or any of them, in accordance with sec- tions 4 and 5 of this act, by means of correspondence with them at their homes; by providing local lectures, demonstrations, instructions and any information calculated to elevate agriculture to a higher economic and social plane and make country life more attractive and to publish frequent home education bulletins which shall give in plain and practical form the results of the experiments and investigations of the various divisions of the state experiment station and sub-stations of the University of Minnesota and such other information as may be useful in an> farm home. (3028) 451. Same; officers of division— That the officers of said division shall be a chief, who shall have general oversight and Immediate charge of the work of said division associates consisting of the chiefs of the divisions of investigation and instruction in the department of agriculture of the Univer- sity of Minnesota, who shall serve in an advisory capacity: an editor who shall edit and prepare lor publication such material as the chief of the 115 division may direct, and such other faculty, assistants and clerks as may be needed for the greatest usefulness of said division. (3029) 452. Same; free instruction — That all persons who reside in the state of Minnesota shall have the right to take free of charge any courses of in- struction offered in the division of agricultural extension and home educa- tion as provided for in section 2 of this act, and shall be subject to such rules and regulations as said division of agriculture extension and home education shall establish under the authority and direction of the board of regents of the University of Minnesota. (3030) 453. Soldiers, sailors and others entitled to $200 free tuition in uni- versity and normal schools and certain colleges — Any male person who, being at the time a citizen and resident of the state of Minnesota, served as an officer or enlisted man in the army, navy or marine corps of the United States during any war in which the United States has been involved including the members of the national guard or who, upon the call of the president, performed military service outside o fthe borders of this state in any troubles with Mexico, and any man or woman who, being at the time a citizen and resident of the State of Minnesota, performed active overseas war service as a regularly enlisted full-time worker of the Red Cross, engaged in nursing the sick or assisting in the care of soldiers in any government hospital, field or camp, which service has been officially recognized by the national government, shall, upon complying with all other requirements for admission, be entitled to pursue any course or courses in the University of Minnesota or any state normal school, upon tuition provided by the state to an amount not to exceed $200 for each person, provided, that any such student may, at his option, enter any col- lege or school in this state which maintained a student's army training corps unit in co-operation with the United States government, or any other col- lege or school approved by the state department of education, and his tuition therein to an extent not exceeding $200 for each person, shall be paid by the state in accordance with the piovisions of this act. (Section 1, chapter 338, Laws 1919.) 454. Same; honorable discharge sufficient to prove beneficiary — The question of whether or not an applicant has been so in the service of the government as to entitle him or her to the benefits of this act and the tuition herein provided shall be determined by an officer designated by the respective institutions upon the production "of an honorable or ordinary dis- charge from the military, naval or marine service of the United States or from the Red Cross, or such other evidence as may be required. (Section 2, chapter 338, Laws 1919.) 455. Adjutant general to be furnished with certain lists — Duty of administrative officers — To extend to July 1, 1924 — It is hereby made the duty of the administrative officers of the University of Minnesota and the state normal schools to furnish to the adjutant general ot the State of Minnesota lists in triplicate of student applicants which lists shall show the name of the applicant, the unit in which the service specified in sec- tion 1 hereof was performed, the course selected and the regular tuition charge for such course. The adjutant general shall check the list with records now on file in his office or to be procured from reliable sources and if found correct shall return two copies to the respective state insti- tutions as authority to perform the service under this act. At the end of each semester or term the administrative officers of the state institutions coming under this act shall return one list duly certified showing the period each student has attended and the proportion and amount of the tuition earned. The adjutant general shall check the lists and if found correct shall certify the same to the state auditor and the state auditor upon receipt thereof shall draw his warrants upon the state treasurer from the appropriation provided therefor in favor of the state institutions entitled to the tuition. 116 And it is hereby made the duty of the administrative officers of such colleges or institutions other than state institutions, as accept the privileges for students under this act, to furnish to the adjutant general of the State of Minnesota, lists in triplicate of student applicants, which lists shall show the name of the applicant, the unit in which the service specified in section 1 hereof was performed, the course selected and the regular tuition charge for the course. The adjutant general shall check the list with records now on file in his office or to be procured from reliable sources and if found correct shall return two copies to the respective institutions other than state institutions, as authority to perform the service under this act. At the end of each semester or term the administrative officers of the institutions other than state institutions coming under this act shall return one list duly certified showing the period each student has attended and the proportion and amount of the tuition earned. The adjutant general shall check the lists and if found correct shall certify the same to the state auditor and the state auditor upon receipt thereof shall draw his warrants upon the state treasurer from the appropriation provided therefor in favor of the students entitled to the tuition and the state treasurer shall forward the voucher warrants to said respective institutions other than state institutions. It is further provided that any student coming under the provisions of this act, who has paid tuition, since his induction into the military, naval or marine service of the United States or in the Red Cross, to any institution as provided for in section 1 hereof, shall be entitled to a refundment of the tuition so paid in amount not to exceed $200, upon presentation to the proper administrative officers of the above named institutions of the same proof of service as required in section 2, and shall be included in the certified lists to the adjutant general of the State of Minnesota as provided for in section 3, and payment shall be made direct to the students entitled to the refundment, provided that no refund shall be made where tuition has heretofore been paid by the government of the United States for a student coming under the provisions of this act, and provided further, that the total amount of refundment and tuition paid shall not, in the aggregate, exceed the sum of $200 for each person. Provided that the benefits from the provisions of this act shall not extend beyond July 1, 1924. (Section 3, chapter 338, Laws 1919.) 456. Same; bulletins to be issued — The home education bulletins au- thorized by this act shall be sonr j y for c untv co- operative extension work in agriculture and home economics as hereinafter provided. (Section 2, chapter 427, Laws 1919.) 459. Same; county farm bureau association — The formation of one cor- poration in each county in this state, to be known as the county farm bureau association, for the purpose of co-operating with the department of agri- culture of the University of Minnesota in the development of a program of work in agriculture and home economics, is hereby authorized. The incorporation of said association shall be accomplished by the filing of a certificate of incorporation in the usual form for record with the register of deeds of the proper county. (Section 3, chapter 427, Laws 1919.) 117 460. Same; money to be expended under direction of dean of agricul- ture — All moneys hereafter appropriated by the state for the purpose of aiding in the maintenance and expenses of county co-operative extension work in agriculture and home economics shall be disbursed in sums not exceeding $1,000 annually to any one county. The moneys so appropriated are to be expended under the direction of the dean of the department of agriculture of the University of Minnesota who is hereby empowered to carry out the provisions of this act. To secure this state aid the county shall have first complied with the following requirements: (a) Raised locally each year at least $1,000 for the support of county co-operative extension work in agriculture and home economics. (b) Organized a county farm bureau association having at least one hundred members in good standing and having among its objects the pro- motion of the purposes of this act and having on deposit in a local bank at least $200 available for use by such association in maintaining its organiza- tion, satisfactory proof of which shall be furnished annually to the dean of the department of agriculture of the University of Minnesota. (c) Agreed to the employment of such agent or agents as are neces- sary to conduct the county co-operative extension work in agriculture and home economics and as will meet the requirements of the United States Department of Agriculture, the employment of such agents to be approved by the dean of the department of agriculture of the University of Minnesota. No county agent shall be employed by any county unless recommended by the duly constituted officers, or their accredited representatives, of the county farm bureau association of such county. (Section 4, chapter 427, Laws 1919.) 461. Same; appropriation of money — -After the requirements above specified relative to the organization of a county farm bureau associa- tion, shall have been met in any county, said county may by action of its board of county commissioners appropriate annually at least $1,000, and may appropriate annually not to exceed $3,000, for the maintenance, support and expenses of county co-operative extension work in agriculture and home economics, and the several counties in this state are hereby au- thorized to set apart and appropriate said sum of moneys subject to the order of the dean of the department of agriculture of the University of Minnesota and to be paid out only on his order for salaries of said agents and the employes of said agents within the appropriation available and for other expenses incident to the work of such agents. No order for the application of said funds for the purposes named shall be issued by the said dean until said expenditures shall have received the approval of the duly constituted officers, or their accredited representatives, of the county farm bureau association of the proper county. (Section 5, chapter 427, Laws 1919.) 462. School of agriculture at Waseca — There shall be established at or near the city of Waseca, in the county of Waseca, under the direction and educational supervision of the board of regents of the University of Minne- sota, a school of 'agriculture, which shall be a department of the Uni- versity of Minnesota, under such name and designation as the board of regents may determine, and wherein shall be taught such studies and branches of learning as are related to agriculture and domestic economy. (Chapter 453, Laws 1919.) 463. President of university; powers and duties — The president of the university shall be president of the general faculty and of the faculties of the several colleges or departments and the executive head of the univer- sity in all its departments. Subject to the board of regents, he shall give general direction to the practical affairs and scientific investigations of the university, and, in the recess of the board, may remove any employe or subordinate officer, not a member of the faculty, and supply for the time 118 any vacancy among such employes and officers. He shall be ex-officio cor- responding secretary of the board of regents and may be charged with the duties of one of the professorships. (3022) 464. Same; reports of — On or before the second Tuesday in December of each year, he shall make a report to the state superintendent, showing in detail the progress and condition of the university during the previous university year, the number of professors and students in each department, and such other matters relating to the educational work of the institution as he shall deem useful, or as the state superintendent may require. He shall also at the same time report to the board of regents the progress and condition of the university during the same time, the nature and results of all important experiments and investigations, and such other matters, in- cluding industrial and economic facts and statistics, as he may deem use- ful, or as such board may require. (3023) 465. Maintenance of university — There is hereby annually appropriated for the general maintenance of the university: 1. The interest and income of the permanent university fund, arising from the sale of lands granted to the state by act cf congress entitled "An act donating lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, or from any other source. 2. The proceeds of twenty-three one-hundredths mills on the dollar of the state school tax. The lands granted by the general government to the state to aid in the development of brines, and known as the state salt lands, and those granted by an act of congress entitled "An act granting lands to the State of Minn sota in lieu of certain lands heretofore granted to said state," approved March 3, 1879, and the funds arising from their sale, are hereby appropriated for the completion of the geological and natural history survey. (3024) 466. Investment of university funds — Bonds to bear not less than three per cent — The permanent school and university funds shall be invested in the bonds of the United States, or in bonds of this or any other state; or in bonds of any school district or county drainage bonds of this state, bearing not less than three per cent interest, and in bonds of any county (other than drainage bonds'* and in the bonds of any city, town or village of this state, bearing not less than four (4) per cent interest, as provided by law; but no investment shall be made in bonds issued to aid in the construction of any railroad. The governor, treasurer and auditor are hereby constituted a board of investment, whose duty it shall be to invest all funds derived from the sale of public lands except as otherwise provided by law. The auditor shall be secretary of said board, keep a record of its proceedings and publish the same with his annual report. The treasurer shall place on credit of the respective funds the interest received on said bonds. They shall not be transferable except upon the order of the governor and auditor, and on each shall be written "Minnesota School Fund Bond," or "Bond on the University of Minnesota," as the case may require, transferable only upon the order of the governor and state auditor. The auditor shall keep a record showing the name, and amount of each bond, when issued, when redeemable, the rate of interest, when and where payal whom cuted, when purchased, when withdrawn, and ior what purpose. (5245) CHAPTER XIV. STATE TEACHERS COLLEGES 467 State teachers colleges The six educational institutions in this state heretofore designated as state normal schools, shall hereafter be des- 119 ignated as state teachers colleges as follows: the "Winona State Teachers College," the "Mankato State Teachers College," the "St. Cloud State Teach- ers College," the "Duluth State Teachers College," the "Moorhead State Teachers College," the "Bemidji State Teachers College," respectively. (Section 1, chapter 260, Laws 1921.) 468. State teachers college board — The board heretofore in charge of the state normal schools and referred to in the statutes as the normal school board, and sometimes as the state normal school board, shall here- after be designated as the state teachers college board, with the same powers and duties as heretofore, with the additions except as hereinafter provided. (Section 2, chapter 260, Laws 1921.) 469. Degrees — The state teachers college board shall have authority to award appropriate degrees to persons who complete the prescribed four-year curriculum of studies in the state teachers college. (Section 3, chapter 260, Laws 1921.) 470. Normal school board — The educational management of the normal school is vested in a board of eight directors, who, with the state superin- tendent, shall constitute the normal school board. Such directors shall be appointed by the governor, subject to confirmation by the senate, for a term of four years. The governor shall in like manner fill for the unexpired term all vacancies in the board. There shall one director resident in each county in which a normal school is located, and no two shall be residents of the same county. (2970) The state normal school hoard may establish, by rule or regulation, the ages between which children may be received into the model department. (Douglas August 17, 1900.) 471. Same; powers and duties — The board shall have the educational management, supervision and control of the normal schools, and of all prop- erty appertaining thereto. It shall appoint all presidents, teachers and other necessary employes therein, and fix their salaries. It shall prescribe courses of study, conditions of admission, prepare and confer diplomas, report graduates of the normal department, and adopt suitable rules and regulations for the schools. It shall, as a whole or by committee, visit and thoroughly inspect the grounds, buildings, modes of instruction, discipline and management of each school, at least once in each year- It shall report to the governor on or before December 1st in every even numbered year, the condition, wants and prospects of each school, with recommendations for its improvement. (2972) 472. Same; annual meeting — The annual meeting of the board shall be held on the first Tuesday in June. At such meeting it shall choose by ballot a president, whose term of office shall be for two years, and until his successor qualifies. In case of vacancy, the governor shall appoint one of the directors president until the next annual meeting, and until his suc- cessor qualifies. The state superintendent shall be secretary of the board. (2971) 473. Same; compensation of — The directors shall be reimbursed for their actual expenses while engaged in duty for the normal schools out of the current funds belonging to such schools. (2974) 474. Purchasing agent for; powers and duties — Upon the assumption by said state normal school board of the jurisdiction, management and con- trol of the normal schools of this state, said board shall elect from its own members a purchasing agent, whose duties shall be as hereinafter stated, and whose compensation shall be fixed by said board and paid out of funds provided for the maintenance of said normal schools, a pro rata sum being paid each school. He shall superintend the making of all purchases for said schools. Prior to the termination of each quarterly period the execu- 120 tive head of each school shall prepare and submit to him a detailed state- ment of the needs of said institution, including an estimate of the necessary supplies and expenditures for the quarterly period next succeeding. Said statement and estimate shall be submitted by him to said normal school board for revision and correction. When approved by said board it shall be prepared in triplicate by such purchasing agent, and one copy thexeof shall be retained by said board for the use of such agent, one shall be de- livered to the executive head of each normal school and one shall be filed with the state auditor. Such estimates shall govern and control the pur- chasing of supplies for the respective schools, and the money necessary to be disbursed therefor shall be paid out upon the warrant of said agent as hereinafter stated. Said agent shall at the commencement of each quarterly period set apart for the use of each school as a contingent fund, a sum not exceeding one hundred dollars ($100). In addition there (to) the supervision of the purchasing of all necessary supplies for said school, it shall be the duty of such purchasing agent to visit each of said schools at least once during each quarterly period, at which time the estimates for the succeeding quarter as herein provided, and a statement of the needs of said institution shall be submitted to him by the executive head thereof. He shall from time to time make reports to said normal school board of the business affairs of said schools, with such recommendations as he may deem proper. All salaries for resident directors heretofore paid or provided for are hereby discontinued. (3062) 475. Summer sessions — That there shall be held at each of the state normal schools in this state a summer session of twelve (12) weeks each, under the direction of the state normal board. These summer sessions shall be a part of and in all respects be the same as the session now provided for by law. The provisions for attendance at these su mm er sessions shall be the same as those now in force and the arrangements of the terms in the school year shall be such as to most fully serve the welfare of rural schools. Provided, that said normal board may, in its discretion and when the interests of the state may be best subserved thereby, direct that a shorter session than twelve weeks be held at any of said schools. (2975) 476. Tuition — There shall be no charge for tuition or incidental ex- penses to students in normal schools who file with the president of the school board a declaration of intention to teach in the public schools of the state for not less than two years after leaving such school. The board shall fix rates of tuition for other students, and for pupils in the model schools. (2969) See further, section 422 of this compilation as to tuition for soldiers, sailors, etc. 477. Model schools — The normal school board may organize model schools in connection with each normal school, for illustrating methods of teaching and school government only. (2968) 478. President of, to report to superintendent of education — The presi- dent of each normal school shall make an annual written report to the state superintendent on or before September 1st, covering the term year of his school, and setting forth its general statistics, enrollment in each depart- ment and in each class of the normal department, average attendance, the number graduating within the year, the number of teachers, the departments of each, and the general condition of its buildings, library, and apparatus, the number and names of all graduates then engaged In teaching, as far as known to him, and the district or county in which each is teaching, and such other matters and suggestions as he may deem of interest to the public, or conducive to the good of the schools. (2973) 121 INDEX INDEX (References in this index are to sections.) A ACCEPTANCES Of office by district officers 74 ACTIONS When and how to be prosecuted by districts 147 Against districts, on contracts and for injuries 148 Against districts, how begun when districts without board 149 ADVERTISEMENTS For bids before letting of contracts 87 AGE Of pupils for admission to public schools 170 Of compulsory attendance 280 For employment 289 AGRICULTURE Division of at university, purposes of work in 449-452 State aid for high, graded, and consolidated schools affording training in 219 In consolidated schools 30 AGRICULTURAL SCHOOLS Sites for, how acquired 83 ANNEXATION OF TERRITORY TO SCHOOL DISTRICT 11 ANNUAL SCHOOL MEETINGS When and how held (See "School Meetings") 52-66 ANNUITIES To teachers from State Teachers' Retirement Fund 409-423 APPEALS From order forming districts, grounds of 6 From orders of set-off of lands to districts 10 Rehearing in on change of boundaries of districts 16 From orders for consolidation of districts 26 From order of change of districts containing cities or villages. . . 10 From order of dissolution of districts II From refusal to grant teachers' certificates : '' s, '> By teachers from suspension of certificates S99 125 APPLICATIONS By teachers for annuities from teachers' retirement fund 412 APPORTIONMENTS (See "School Funds") 204-208 Of state school funds by superintendent of education 204 Of state school funds to counties, warrants by state auditor.... 205 Of state school fund to districts by county auditors 206 Of state school funds to new districts 207 Of state school funds, report of by county auditor to superintend- ent of education 208 Of funds upon change of districts in unorganized territory 123 Of funds on enlargement of districts containing cities or villages 13 What districts to share in 204 APPROPRIATIONS By counties for teachers' institutes 360 ATTORNEY GENERAL To be one of trustees of teachers' retirement fund 412 Opinions of to govern school officers, when 107 To prosecute combinations in school text-books 255 To prosecute on bonds for failure to comply with text-book law. . 250 To approve bonds on furnishing school text-books 249 B BASEMENTS Not to be used for school purposes. Basement room defined BEQUESTS School board may accept bequests Power of university board of regents to accept. BIDS To be advertised for before letting of contracts 87 BLANKS School, preparation of by superintendent of education 322 School, forwarded by county superintendents to clerks and teach- ers 333 BLIND CHILDREN Instruction of in school districts 183 Indigent, instruction and treatment of 194 BOARD OF TRUSTEES OF STATE TEACHERS' RETIREMENT FUND Composition, duties, powers, meetings, expenses, etc 412-415 126 BONDS Official, of treasurers 104 Of depository for school district funds Ill When and how may be authorized in general .... 141 Vote on at annual or special meetings 141 Purposes for which may be issued [ 142 May be issued to state '.'.'.'.'" 143 Proceedings for issue of to state 144 May be assumed by consolidated district, when 36 Liability for in consolidated districts 26 Proceeds from sale of buildings for payment of 36 Under school textbook law, forfeiture, damages 250 Of publishers and dealers in school textbooks [ 249 BOOKS See "Text Books." Lists of for school libraries by State High School Board BOUNDARIES Of districts, how changed, requisites of proceedings for 7 BOYS Under eighteen, not to be employed in certain occupations BUILDINGS Aid for 216 BUREAU Of employment for teachers (See Teachers' Employment Bureau) 403 CENSUS Of children of school age in districts 286 CERTIFICATES Of consolidations of districts 29 Of employment of chi'drrn to describe them 293 For employment of children, when granted and how 291 Terms of, and bow issued for child employment 292 Of teachers, records of by county superintendents 332 Teachers' must be filed with county superintendents 354 Teachers, grades of 378 Same, Limited second grade of 379 Same, second grade of 380 Same, first grade of 381 Same, special "82 Same, from other states 383 Same, high and normal schools, certificates in place of 384 Same, professional, what are 387 Same, professional, examinations for 388 Same, second grade professional 390 Same, first grade professional 391 Same, professional permits 392 Same, college diplomas and certificates in place <>l 393 127 CERTIFICATES— Continued. Same, university diplomas, when valid 394 Same, advanced normal schools diplomas 395 Same, normal schools' elementary diplomas 396 Same, two years' normal schools' certificates 397 Same, renewal of 385 Same, records of, by county superintendents 398 Same, appeal from refusal to grant 386 Same, suspensions of 399 Same, causes for suspension of, and revocation of 400 CHAIRMEN Of boards in common districts, powers and duties of 100 Compensation of in common districts 100 Compensation of in unorganized territory 115 CHANGE OF BOUNDARIES Proceedings for, requisites and terms of Division of funds, how made Of districts, title to, property, where vested CHILDREN Between 8 and 16 to attend schools, when excused 280 Duties of school boards as to attendance of at schools 281 Duties of teachers and superintendents as to attendance of at schools 282 Duties of parents and guardians to send to school 283 Duties of school officers as to sending of to school 284 Duties of commissioner of labor, as to school attendance 285 School census of to be taken 286 Truant schools 287 Truant officers, duties 288 Under 14 years not to be employed, exceptions 289 Between 14 and 16, when and how may be employed 290 Employment certificate for, when and how issued 291 Employment certificates for, terms of : 292 To be described in employment certificates of 293 To be reported by school officers on issue of certificates 294 Under 16, hours of labor of 295 Employment of, in violation of law, penalty 296 Illegal employment of, prosecution by truant officers 297 Employment of under 16, terms of 298 Boys, under 18 not to be employed in certain occupations 299 Fitness of for labor, physician's certificates to be procured 300 Between 8 and 16 to attend schools, when and how excused 280 Deaf, instruction of in public schools 182 Blind, instruction in public schools 183 Defective speech, instruction of in public schools ' 184 Mentally subnormal, instruction of in public schools 185 Indigent blind, instruction and treatment of 194 Crippled 187 CHILD LABOR No child under 14 to be employed during school term 288 Children between 14 and 16, when may be employed 289 Employment certificates, when issued, terms of 290 Basis of granting employment certificates 291 Employment certificate to describe children 292 128 CHILD LABOR— Continued School officers to report list of names to whom certificates are granted to commissioner of labor 293 Hours of labor of children under 16 294 Violations of law relating to, penalties 295 Truant officers, powers and duties of 296 Terms of employment of under 16 years 297 Boys under 18 not to be employed in certain occupations 298 Physician's certificate of fitness, when required 299 CIRCULARS School, from county superintendents to clerks and teachers 333 CITIES In districts of greater area, enlargement of district 8 CLASSIFICATIONS Improper, of pupils in schools, penalty 156 CLERKS Office of may be declared vacant 100 In common districts, duties of , 101 In special districts, appointment of and compensation 106 In districts containing unorganized territory, duties of 117 Term of office of in districts of ten or more townships 133 Compensation of in districts of ten or more townships 138 Election of at annual meetings 53 Compensation in independent districts 99 Compensation of in common districts 102 Compensation of in unorganized territory 115 To give notice of annual meetings 52 To mail notices of annual meetings, when 55 To give notices of special meetings 55 To issue and keep records of on attendance at schools 280 Failure or refusal of to make reports 158 Failure or neglect of to keep and deliver records 160 Illegal drawings of orders on school funds by 159 Duties of in taking school census 286 COLLEGES Of state university, what are 433 COMMERCIAL TRAINING State aid for schools affording training in 210 COMMISSIONER OF EDUCATION 303-316 See also Superintendent of Education 317 32 I COMMISSIONER OF LABOR To assist in enforcing compulsory education law 285 Reports to of children's employment certificates 295 COMMMON SCHOOL DISTRICTS See "school districts" I 129 COMPENSATION Of officers in independent districts 99 Of chairman in common districts 1 00 Of clerk in common districts 102 Of treasurer in common districts 105 Of officers in district of ten townships '. 138-139 COMPULSORY EDUCATION Chapter relating to 280-300 Every child between 8 and 16 to attend school, exceptions 280 Duties of school boards to report excuses for non-attendance. . . 281 Duties of county superintendents to enforce law 282 Duties of teachers in enforcement of law 282 Duties of county attorney to enforce law 282 Duties of parents and guardians as to 282 Violations of law as to by parents, penalty 283 Failure of school officers to enforce law, penalty 284 Duties of commissioner of labor to enforce law 285 School census of names and ages of children in districts 286 Truant schools for truants, incorrigibles and wanderers 287 Commitment to state training school, when 288 Truant officer, duties of in keeping children in school 288 See also "Child Labor" 289-300 Violations of law of, failure of school officers to report 164 CONDEMNATION Of land for school purposes 76 Of sites in consolidated districts 30 Of land for agricultural school sites 82 Of land for sites by consolidated districts 30 CONSOLIDATED SCHOOL DISTRICTS How and when formed 24 Proceedings for, petition, notice, vote on 24-26 LTnorganized territory with existing district 28 Of district with high, graded or semi-graded districts 27 Sites for may be acquired by condemnation 30 Powers of to acquire equipment 30 Certificates of, transfer of funds and property 29 Containing an incorporated village, area of 224 Including parts, of districts 34-35 Transportation and board of pupils 30, 225 CONSOLIDATED SCHOOLS Amounts of state aid for industrial departments in 219 Agriculture in 30 CONTRACTS Bids to be advertised for before letting 87 Bids for, how awarded Not to be made by boards except at legal meetings 75 In excess of tax levy by school officers void 198 Of districts, actions on, how commenced 147 Actions on against districts, how commenced 148 For school text-books, requisites of Of employment of teachers, when and how made 401 For employment of teachers, qualification of teachers for 353 130 CONTRACTS — Continued i In excess of tax levy prohibited 198 With members of board for work or supplies 93 With library board 279b COOKING State aid for school affording training in 219 CORPORAL PUNISHMENT When may be administered by teachers j 92 COUNTIES Apportionment of agricultural agents' funds to 461 Contributions by, to county agricultural agents funds 461 Districts in two or more of, how formed or changed 15 COUNTY AGRICULTURAL AGENTS Appropriations for and maintenance of 457 Funds for under direction of dean of college of agriculture 460 Apportionment of funds for to counties 461 Contributions to funds for by counties 461 Co-ordination of federal and state authorities for 461 COUNTY ATTORNEYS Duties of as to keeping children at schools 282 COUNTY AUDITORS Duties of as to levy of school taxes 196 Levy of city, village, town, district, tax certified to 197 Reports of county superintendents to, failure of 163 Reports of county superintendents to 335 Failure of to report to superintendent of education 162 Failure of county superintendents to report to 336 To levy 10 mill tax in certain districts 200 Plats of districts on file in office of 15 Duties of in distribution of state aid 222 Apportionment of state school funds to districts by 206 To make division of funds upon order of change of districts.... 14 COUNTY BOARDS Petitions to for formation of districts 2 Petitions to for formation of districts, contents 4 Hearing by on petition for formation of districts 5 Heaiing by on petitions for enlargement of districts containing cities or villages 8 Hearing by on consolidation of unorganized territory 28 Powers of to dissolve districts 38 Power of to dissolve districts 41 Apportionment of funds by on enlargement of districts 9 May appropri te money for teachers' institutes 360 1 1, i dui ition, law relating to not to apply when 44 To provide for expenses of county superintendents 339 Of education, powers of over funds and property on dissolution of tricts 42 131 COUNTY BOARD OF EDUCATION FOR UNORGANIZED TERRITORY To provide school facilities in unorganized territory 112 I low constituted H3 May employ county superintendent 114 Salaries of members of 115 Meetings of, when and how held 116 Duties of clerks of 117 Levy of tax by for school purposes 118 To provide school houses and facilities 118 Powers of to be same as in independent districts 120 Organization of districts by 121 To apportion funds between old and new districts 124 COUNTY EDUCATIONAL COMMITTEE 203 COUNTY JAILS Elementary schools may be established in 193 COUNTY SUPERINTENDENTS Election, terms of office, compensation When and how elected 325 Terms of office of — • 326 Removal from office, when and how 327 To turn over property and records at end of term. 328 May appoint deputies, when and how 329 Traveling expenses of, audit of, payment of 339 Salaries of, how determined 340 Stationery and postage, printing, how paid for 341 Assistants and salaries of in certain counties 342 Powers and duties General, specification of 329 May call meetings of school officers 330 County graduation 341 To conduct state board examination 347 May call meetings of examinations of teachers 331 To keep records of examinations of teachers 331 To keep records of teachers' certificates and diplomas 332 To forward to teachers and clerks blanks, circulars, etc 333 To make reports to superintendent of education 334 To make reports to county auditors 335 Failure of to report of auditors, salary to stop 336 May appoint deputy, when 337 To hold teachers' institutes, when and how 338 Reports of, to county auditor, failure of 163 May call special school meetings 56 To prepare plat of consolidated districts 23 Duties of as to keeping children at schools 282 Duties of as to school census 286 Over districts in unorganized territory, assistant of 113 Approval of for dissolution of districts i 39 Duties of in securing school libraries 279b To notify persons failing to comply with text-book law 250 Violations of school text-book law by, penalty 258 Duties of as to teachers' institutes 358 Reports of teachers to, duties as to 402 Duties of as to holding teachers' examinations 372 To conduct teachers' examinations, manner of 376 To indorse second grade certificates 382 132 COUNTY SUPERINTENDENTS— Continued Filing of teachers' certificates with 354 To keep records of teachers' certificates 398 May suspend teachers' certificates, how and when 399 Duties of as to teachers' retirement fund 411 x'o receive copy of report of trustees of teachers' retirement fund 414 COUNTY TREASURERS Duties of as to teachers' retirement fund 411 CRIPPLED CHILDREN Schools for 187 CUPS Drinking, common use of prohibited 168 D DEAF CHILDREN Instruction of in school districts 182 DEFECTIVE SPEECH CHILDREN Instruction of in school districts 184 DEPOSITORIES For district funds, how selected. 108-111 DEPUTIES Of county superintendents in certain cases 337 DICTIONARIES For use in schools, selection of 279 DIPLOMAS Of colleges or universities in place of certificates 393 Of state university, when valid as teachers' certificates 394 Advanced normal school, when valid as teachers' certificates.... 395 Normal elementary, when valid 396 Normal two-year course, when valid 397 Of teachers, record of by county superintendents 332 DISSOLUTION OF DISTRICTS When and how effected 38 Petition for, contents, procedure 39 District in two or more counties 15 To be joined to unorganized territory 125-129 DRINKING CUPS Common use of,, penalty 168 E ELECTIONS Of school officers o2 133 ELECTIONS— Continued Of change from common to independent district 21 On change from independent to common district 23 On consolidation of districts 26 On consolidation with high, graded or semi-graded district 27 Special, on issue of bonds of district 141 Special, to fill vacancies in school boards 72-73 In independent districts having four or more villages 61-66 In certain independent districts, application of general laws.... 56 By teachers of two trustees of state teachers' retirement fund, when and how 422 EMINENT DOMAIN Exercise of by school boards 76 Exercise of by consolidated districts for sites 79 Exercise of for agricultural school sites 78 EMPLOYMENT Of children under child labor law, terms of 298 EMPLOYMENT BUREAU For teachers (See "Teachers' Employment Bureau") ENGLISH LANGUAGE School text-books to be in exceptions 178 EPIDEMICS Powers of state board of health in school matters 350 EXAMINATIONS Of teachers, times and places of 372 Same, fees to be paid by applicants 373 Same, expenses of, how paid 374 Same, branches and subjects of 375 Same, conduct of 376 Same, marking on, methods of 377 Same, for professional certificates 389 Same, for professional certificates, subjects of 390 Of teachers, records of by county superintendents 331 High school board, by county superintendent 347 EXAMINERS Schools, appointment of by high school board 345 Duties of 346 EXCUSES For non-attendance at school, how granted and when 280 EXECUTIONS When may issue on judgment against districts 152 EXPENSES Of holding teachers' examinations, how paid 374 134 . EVENING SCHOOL Length of terms of not governed by school law 174 Provisions for in independent district 94 In common and consolidated districts 80-82 EVIDENCE Records of school meetings and proceedings 58 F. FEES For taking teachers' examinations 373 Of state teachers' employment bureau, disposition of 406 For services of employment bureau 404 FLAGS School board must provide 176 Must be displayed 175 FORCE Use of prohibited except by teachers 192 FORMATION OF DISTRICTS See "school districts" 2 FINES Money from, sot aside to school funds 208 Frances Willard Day 176 FRATERNITIES Secret, prohibited in public schools 188 FUNDS State school, apportionment of 204 Warrants for, how drawn by state auditor 205 County apportionment of by county auditors 206 Apportionment of to new districts 207 County auditors to report apportionment to Superintendent of Education 208 From fines and penalties to school purposes 208 See state endowment, state annual, state current 210-212 State for insurance and annuities of teachers 409-423 For maintenance of state university 465 G. GIFTS For school purposes, in independent districts 89 Power of university board of regents to accept 432 To public libraries 274 GRADED ELEMENTARY SCHOOLS Definition of 214 State aid for 217 Maintaining industrial departments, state aid for 219 135 GUARDIANS Duties of as to keeping wards at schools 282 Punishment of for failure to keep children at schools 283 H. HIGH SCHOOLS Definition of, instruction in 214 State aid for 217 Tuition for non-resident pupils, state aid 216 State aid for industrial departments in 219 Maintaining teachers' training departments, state aid for 220 HIGH SCHOOL BOARD General powers and duties of 343 Records of proceedings of, annual reports of 344 To appoint school inspectors and examiners 345 Powers and duties of inspectors of 346 May empower county superintendents to conduct examinations.. 347 HOLIDAYS Legal, to be counted as part of school week 174 Legal, what are 177 HOME EDUCATION Division of at university 449 Purposes of work of 450 Officers of division of at university 451 Free instruction in 452 Bulletins of, how issued and distributed 456 State aid for training in by high, graded and consolidated schools 219 HOURS Of child labor under 16 294 HYGIENE School instruction in 179 I. INDEBTEDNESS See "School Indebtedness." Of consolidated districts 2G-36 INDEPENDENT DISTRICTS How designated by names and numbers 1 Change from common into 19 Change of to common, how effected 23 Board of directors, election, terms of 69 Organization of board of 70 Boards of to make rules for management of schools 78 Boards of to levy taxes necessary 78 Publication of proceedings of boards of 71 Powers of to maintain evening schools 89 Powers of to maintain kindergartens 89 Duties of superintendents in 90 Containing four or more organized villages, annual election 57 136 INDEPENDENT DISTRICTS— Continued Same, division of district into precincts for election 57 Same, notice of election, when polls to be open 58 Same, organization and conduct of elections 59 Same, canvass of vote and declaration of result 60 Same, special elections, when and how held 61 Same, application of general laws to elections 62 INDUSTRIAL TRAINING Subjects for instruction in agriculture, home, manual 219 INSPECTORS School, appointment and duties of 345 Duties of 346 School, when county superintendents may be 347 INSTITUTES For teachers' training, when and how held 358 Same, duties of county superintendents as to 358 Same, use of school houses for 359 Same, county appropriations for 360 Same, schools may be closed during holding of 371 INSTRUCTION In public schools, chapter relating to 178-187 INTEREST On school funds on deposit, how computed Ill INTOXICATING LIQUORS Bringing of into school grounds, penalty 167 INVESTMENTS Of school sinking funds by districts 145 Of university funds, interest on 466 Isolated pupils, aid for 216 J. JAILS Elementary schools may be established in 193 JUDGMENTS Against school districts, how paid 150 Levy of tax for payment of 151 Execution on, when may be issued 152 Satisfaction of, how made 153 K. KINDERGARTENS Provision for in independent districts 89 Length of terms of not governed by school law 174 L. LAND How set off from one district to another 11-12 137 LAW Interpretation of by attorney general 107 LIBRARIES School, lists of books for 279 School, state aid for 216 School libraries 276-279 Public and reading rooms 266-275 Public library commission 259 a, b. c. County free 259 d. e. f. g. LIBRARIANS Election of in common districts 54 LIMITATIONS Of tax levy for school purposes 199 LISTS Of books for school libraries, how prepared 279 Of school text books, selctions to be from 251 M. MARKING On teachers' examinations, how made 377 MEETINGS See "School Meetings" 52-7?. Annual, of state normal school board 472 Of university board of regents, annual and special 429 Of trustees of teachers' retirement fund 413 MENTALLY SUB-NORMAL CHILDREN Instruction of in school districts 185 MINNESOTA DAY Proclamation of by state superintendent, observance of 323-324 MINNESOTA EDUCATIONAL ASSOCIATION Trustees of teachers' retirement fund elected at annual meeting of 412 MINORS Use of tobacco by, penalty 165 MODEL SCHOOLS Organization of in state normal schools 477 MONEYS See "School Funds." MONTH School, length of holidays 174 138 MORALS School instruction in, N. 179 NORMAL SCHOOLS (See State Teachers' Colleges) Advanced diplomas of as teachers' certificates Elementary diplomas of as teachers' certificates Two years' course certificates of as certificates Names and location of State normal board of, compensation, terms of office Degrees State normal board of, powers and duties State normal board of, annual meetings of State normal board of, compensation of State normal board of, purchasing agent of Summer sessions of, regulation of Free tuition in for pupils intending to teach Model schools in, organization of Presidents of to report to superintendent of education NOTICES Of hearing on petitions for formation of districts Of meeting for organizations of districts Of appeal from order of formation or change of districts Of annual school meetings, how given Of annual meetings, when to be mailed Of special meetings, how given Of special meetings in certain independent districts Of rehearing on change of boundaries Of meetings for change of common to independent districts Of change of common to independent districts Of meeting for change from independent to common districts.. Of hearing on petitions for enlargement of districts including cities or villages Of hearing on petitions for consolidation of districts Of consolidation of districts and election of officers Of election for consolidation with high, graded or semi-graded district • Of electkns in districts having four or more villages Of disscluticn of district proceedings Of hearing on petition for dissolution of districts Of board meetings necessary to let contracts Of meeting for vote on free text books Of holding teachers' institutes in school houses Ey county superintendents of teachers' institutes O 395 396 397 467 468 469 470 472 473 474 475 476 477 473 ■1 5 6 52 55 56 61 16 20 22 23 25 25 27 58 38 40 75 253 359 358 OATHS Of office, how made and filed by school officers. 74 ORDERS See also "School Orders." For formation of districts upon hearing contents of Of set-off of land to or from districts, appeal from 11-12 Of formation or change of districts, appeal from 6 For enlargement of districts containing cities or villages 8 01 formation or change of districts in two or more counties 15 1S9 ORDERS — Continued For consolidation of districts 26 Of dissolution of districts 41 For school funds, illegal drawing of by clerks 159 P PARENTS Duties of as to keeping children at schools 283 Punishment of for failure to keep children at school 284 PEACE OFFICERS Members of school boards to be 84 PEDAGOGY Department of at state university 447 PENALTIES For excluding or expelling pupils from school 154 For misuse of funds by treasurer and failure to pay wages 155 For forbidden discrimination against pupils 156 For neglect or refusal to serve on board after acceptance 157 For failure of clerks to make reports 158 For drawing of illegal orders by clerks 159 For failure of clerks to keep or deliver records 160 For illegal dealing in school supplies by teachers and officers.. 161 For failure of county auditor to report to superintendent 162 For failure of county superintendents to report 163 For failure of school officers to report violations of law 164 For use of tobacco by minors and pupils 165 For injury to school buildings and property 166 For bringing intoxicating liquors on school grounds 167 For use of drinking cups in common 168 Degree and kind of for foregoing violations 169 For failure of parents, guardians and school officers to keep children at school 283-284 For violations of child labor laws 296 For violations of school text book law i 255-258 For soliciting to join secret society 191 PENSIONS To teachers from state teachers' retirement fund 409-423 PETITIONS For formation of districts, common, special, independent 2 For formation of districts, what to contain 3 For school districts, hearing on 5 Of voters for set-off from one district to another 11 For enlargement or change of districts including villages 8 For rehearing on change of boundaries 16 For consolidation of districts, contents of 25 For dissolution of districts 38 For dissolution of districts, requirements of 39 PHYSICIANS Certificate of fitness by under child labor law 299 PHYSIOLOGY School instruction in 166 140 PLANS Of school buildings, approved by superintendent of education 321 PLATS Of school districts on file with county auditor 15 Of consolidated school districts, how made and approved 24 Of buildings and sites in consolidated districts 30 POLLS When to be open in elections in common and in independent districts 52 POSTAGE Of county superintendents, how provided 341 PRESIDENTS Of university, powers and duties of 463 Reports of, contents of 464 Of state normal schools, reports of 478 PRICES Of school text-books, how fixed 253 PROCEEDINGS To be published in independent districts 71 In districts of ten or more townships 133-140 PROFESSIONAL CERTIFICATES What are and when and how granted 388 PROFESSIONAL PERMITS Teachers', when and how granted 389 PROFESSIONAL TRAINING For teachers, what is 353 PROPERTY See "School Property." PUBLICATIONS Of proceedings in independent districts 71 Of proceedings of board in districts of ten or more townships. .135-136 Of reports of state teachers' retirement fund trustees 414 PUBLIC EXAMINER To examine records in districts of ten or more townships 137 PUBLIC LIBRARY COMMISSION 424-426 PUBLIC SCHOOLS Classification and control Definition of, qualification of pupils, free tuition 170 Classification of 171, 214 Graded elementary 172 Ungraded 172 High school 172 Junior and senior high school 172 Control of, teachers and boards 173 Terms of, school month, night schools, kindergarten 174 141 PUBLIC SCHOOLS— Continued. Holidays to be counted part of school week 174 Holidays in, what are 177 Evening schools in common districts 80-82 Displaying flag 175 Patriotic exercises in 180 For instruction of deaf children, qualifications of 183 For instruction of blind children, qualifications of 184 For instruction of defective speech children 185 For mentally subnormal children 186 For defective children, permission for instruction of ; . 186 Secret fraternal societies in prohibited 187-189 Soliciting pupils of to join outside fraternal society 191 Corporal punishment in, when allowed by teachers 192 Elementary, in county jails 193 General supervision of vested in superintendent of education... 317 Compulsory attendance of children between eight and sixteen at 280 May be closed during teachers' examinations 376 May be closed during holding of teachers' institutes 371 Instruction in Public schools, books, language 178 Common branches in English 260 In morals, physiology, hygiene, narcotics, stimulants 179 Industrial, agriculture, manual, commercial, home 167 Deaf children, instruction of 182 Blind children, instruction of 183 Defective speech children, instruction of 184 Mentally subnormal children, instruction of 185 Defective children, permission for instruction of 186 In county jails, establishment of instruction 193 Crippled children 187 PUBLISHERS Of school text-books, prosecution of for combination 256 PUPILS Legal ages of, free tuition of 170 Ilegal and improper classification of and discriminations 156 Non-resident in district, age and tuition of 77 Transportation, rooms and board of in consolidated districts.... 30 From adjoining districts, how provided for 77 When admitted to schools from adjoining districts 79 Instruction of in adjoining district 83 Exclusion or expulsion of from schools, penalty 154 Suspension and dismissal of by boards 190 Soliciting of to joint secret societies, penalty 191 Indigent, free text-books for 254 Prohibited to join secret fraternities 188 Use of tobacco by, penalty 165 Isolated, aid for 216 (6) PURCHASING AGENTS Of university board of regents, powers and duties 433 To submit monthly statements 434 Of state normal schools, powers and duties 474 Q QUORUM Of school boards to transact business — 75 142 R RECORDS Of school meetings and proceedings as evidence 58 Neglect of clerks to keep or deliver 160 Of consolidation of districts, how made 29 Of county superintendents, how turned over at end of term.... 328 Kept by county superintendents of examination of teachers 331 Of teachers' certificates by county superintendents 398 Kept by county superintendents of teachers' certificates 332 To be kept by teachers 401 School, uniform system of prepared by superintendent of educa- tion * 320 Form of prepared by superintendent of education 322 Of high school board, how kept 344 Record of cost of public works 89-92 REGISTERS School, to be kept by teachers, contents of 401 School, prepared by superintendent of education 322 REHEARING In appeals on questions of change of boundaries 16 RELIGIOUS INSTRUCTION In public schools prohibited Note 166 RENEWAL OF CERTIFICATES First and second grade, when may be allowed 383 REPORTS By school officers of violations of law, failure of 164 Failure or refusal of clerks to make 158 By truant officers of illegal child employment 296 Of teachers to county superintendents, contents of 402 From county superintendents to superintendent of education. . . . 320 Of county superintendents to superintendents of education.... 328 Of county superintendents to superintendent of education 334 Of county superintendents to county auditors 335 Of county superintendents to, failure of, penalty 336 Of county superintendents to auditor, failure of 163 As to condition of public schools to superintendent of education 319 Of county auditors to superintendent of education of apportion- ment of state school funds 208 Of president of university to superintendent of education 464 Of presidents of normal schools to superintendent of education. . 478 Of university board of regents to governor 431 Of purchasing agent of state normal school board 474 Of county auditors to superintendent of education, failure of.... 162 Of high school board, annual 344 Of children's employment certificates to commissioner of labor. . 293 Of trustees of state teachers' retirement fund 414 RESIGNATIONS Of school board, actions against district, how commenced 149 REVOCATIONS Of teachers' certificates, causes of 400 RULES For school buildings by superintendent of education 321 143 RURAL SCHOOLS (see "Ungraded Elementary") 214, 217 S SAMPLES Of school text-books to be filed with superintendent of education 249 SCHOOLS Chapter relating to (see "Public Schools") 170-193 SCHOOL ADMINISTRATION Chapter relating to, superintendents, teachers, high school board, (see "Teachers," "Superintendent of Education," "County Superintendents," "High School Board") SCHOOL BOARDS Composition, qualifications, elections: How designated, control of schools by, term of office 67 In common districts, composition of, terms of office 68 In independent districts, when elected, composition 69 In independent districts, organization of 60 Vacancies, how filled 72 Vacancies, how filled by special election 73 Acceptance of office, oaths to be filed 74 Quorum of, what constitutes 75 Bonds of treasurers 104 Appointment of clerks in special districts , 100 In unorganized territory, county board of education 112-131 In districts of ten or more townships, election of 133 In districts of ten or more townships, powers of 134 Compensation of members of In districts of ten or more townships 138 In common districts, per diem and mileage Sub 9-76 Of clerk and treasurer in independent districts 98 Of clerks in common districts 102 Of treasurer in common districts 105 Of clerks in special districts 106 Of clerks in unorganized territory 114 Of members of boards in unorganized territory 115 Of members in districts of ten or. more townships 138 Same, for expenses, limitation of 139 No additional compensation allowed Ill For work or supplies 89 Powers and duties, regular Management and control of schools vested in 76 Same, general powers and duties 76 Same, additional powers and duties of 77 Same, special duties in common districts 78 Same, special duties of in independent districts 94 Same, to control school activities 96-97 Same, additional powers of in independent districts 95 In independent districts, to publish proceedings 71 Same, to advertise for bids on contracts 87 Same, contracts, how let by 88 Same, to be peace officers 86 Same, to advertise for bids on contracts 87 Same, contracts, how let 88 Same, to provide for pupils from adjoining districts 77 Same, to admit pupils from other districts 79 144 SCHOOL BOARDS— Continued. Same, may establish evening schools 80 Same, may select depositories, liability of treasurer 108-110 Same, meetings of, business to be transacted 116 Same, duties of clerk 117 Same, to make annual tax levy 118 Same, to provide buildings and school facilities 119 Same, to organize district 121 Same, to make division of funds between old and new 124 In districts of ten or more townships, powers and duties 134 Same, to publish proceedings 135 Same, annual tax levy 140 School boards to be guided by opinion of attorney general 107 Miscellaneous powers and duties Power to control school activities 96-97 May call special meetings, when and how 56 Meetings of called by county superintendents 330 Duties of in taking school census 286 In consolidated districts, powers of to secure equipment 30 Power of to establish elementary schools in jails 193 Power to make rules for schools, to enforce laws 188 Powers of to suspend or dismiss pupils 189 To allow use of school houses for teachers' examinations 372 To permit use of school house for other purposes 77 Libraries 277 Authority to provide text-books for indigent pupils 254 When to furnish free text-books 252 Illegal dealing in school supplies by members of 161 Duties of as to teachers' retirement fund 411 To direct arrest of truants by truant officer 288 To commit habitual truants to state training school, when 287 Duties of as to issue of children's employment certificates 290 To establish truant schools for truants and incorrigibles 286 SCHOOL BUILDINGS Plans of to be approved by superintendent of education 321 Improvement and ventilating of, duties of county superintendent 329 Powers of state board of health as to 350 State aid for in consolidated districts 216 SCHOOL CENSUS In districts, of children of school age 286 SCHOOL DISTRICTS Formation of Division of state into, names, numbers 1 Petition for, requisites of 2 Petition for, form and contents 3 Petition for, notice of hearing on 4 Petition for, hearing on, order 5 Set-off of land to or from, petition for, notice 11-12 To be composed of adjoining territory 17 Plats of on file with county auditor 18 Order for appeal from grounds of 6 Change of boundaries of Petition for, form and contents 7 When district contains cities or villages, petition 8 145 SCHOOL DISTRICTS— Continued. Apportionment of funds upon 9 Appeal from order in, grounds of 10 Annexation of territory 11 Setting off laud to 12 Division of funds when now district is formed by 13 Same, by county auditor when new district is formed by 14 Same, in case of districts in two or more counties 15 Rehearing in, proceedings for 16 Change of common to independent Provision for 19 Notice of meeting for vote thereon 20 Meeting for voting thereon, conduct of 21 Meeting for organization and election of officers 22 Change from independent to common At annual or special meeting 23 Notice of meeting for vote on . . . .* 23 Meeting for vote on, conduct of 23 Officers of 23 Consolidation of districts When and how effected 24 Plat of when proposed, how made and approved 24 Duties of county and state superintendents 24 Petition for, notice of election on 25 Conduct of election on 26 Notice of consolidation and of election of officers 26 Liability of 26 Of one or more districts with existing district having high, graded or semi-graded school 27 Same, election of officers at next annual election 27 Of unorganized territory with existing district 28 Certificates of, transfer of records and property 29 Power of boards to procure sites and equipment 30 Transportation and board of pupils 30 Teachers' dwelling 30 Title to property, how vested : 37 Classification of for state aid 31 Qualification of principal 32 Including parts of districts 34-35 Payment of indebtedness of old districts 45-46 Within village or city of fourth class 47-51 Dissolution of districts When and how allowed 38 Distribution of funds upon 38 Petition for, approval and contents of 39 Notice of hearing on petition for 40 Appeal from order of board in 41 Disposition of funds, manner of 42 Outstanding obligations, how cared for. 43 Law of not applicable to counties not having comity boards of education 44 Action by and against By districts, how prosecuted 147 346 SCHOOL DISTRICTS— Continued Against districts, how prosecuted 148 Against districts, without board, how commenced 149 Judgment against, how paid by treasurer 150 Judgment against, tax levy for payment of 151 Judgment against, when execution may issue 152 Judgment against, how paid and satisfied 153 Miscellaneous Special appointment and compensation of clerks in 106 Vote of on free text-books 253 To furnish free text-books, when 252 Of ten or more townships 133-140 SCHOOL DISTRICT INDEBTEDNESS When bonds may be issued for 141 Nature of for which bonds may be issued : 142 To state of Minnesota, issue of bonds for 143 To state of Minnesota, proceedings for issue of bonds on 144 SCHOOL EXAMINERS Appointment of by high school board, compensation 344 Duties of 345 SCHOOL FUNDS Chapter relating to (see "Funds") 204-209 Depository for, how selected 108-111 Disposition of on dissolution of districts 42 Division of on change of districts 13 Record of division of on change of district 14 Apportionment of on enlargement of districts containing cities or villages 9 Disposition of on dissolution of districts 38 SCHOOL HOUSES Plans approved 321 Change of site of 53 Injuries to, penalty 166 How provided in unorganized territory 119 Powers of school boards to acquire 76 Bringing intoxicatng liquors into, penalty : 165 May be used for holding teachers' institutes 359 Use of for other purposes 77 1 \se of for teachers' examinations 372 SCHOOL INDEBTEDNESS (See "Indebtedness") How discharged on dissolution of districts 43 SCHOOL INSPECTORS Appointment of by high school board, compensation 344 Duties of 345 When county superintendents may act as such 346 SCHOOL MEETINGS Annual, time for holding of . . 52 Annual, notice of, how given 52 147 SCHOOL MEETINGS— Continued Annual, effect of failure of notice of .2 Annual, mailing of notice of 55 Annual, women as electors at 57 Annual, records of when evidence 58 Annual, powers of 53 Annual, additional powers of in common districts 54 Annual, in districts of over three hundred voters, division for... 60 Special, when and how may be held 56 Special, to fill vacancy on board 72-73 Special, business to be transacted to be stated in notice 56 Special, additional powers of 54 In certain independent districts Division of district into precincts for 57 Notice of, when polls to be open 58 Organization and conduct of 59 Canvass of votes at, declaration of result 60 Special, when may be held, conduct of 61 Application of general laws to 62 Miscellaneous provisions Special, to fill vacancies in boards 72-73 For change of common to independent districts, conduct of 21 To elect officers on change from common to independent 22 For change of common into independent districts, notice of 20 Annual or special, for change from independent to common 23 For vote on petition for consolidation of districts 25 For vote on consolidation of districts, conduct of 26 Annual or special, vote on issue of bonds at 141 Of officers, called by county superintendents 330 SCHOOL OFFICERS Election of in common districts 53 Candidates to file applications with clerk 59 Election of in districts having over three hundred voters 60 Election in certain independent districts 61-66 Contracts by in excess of tax levy prohibited 198 Meetings of may be called by county superintendents 330 Compensation for attending Par. 9 76 To keep records of non-attendance at schools 280 Failure of duty in keeping children at school, penalty 284 Powers of chairman 100 SCHOOL ORDERS Drawn and signed by clerk 95 Countersigned by chairman 94 How made out 97 Not paid for want of funds, indorsement, interest 97 Penalty for drawing illegal order 159 May be drawn by chairman 94 SCHOOL PROPERTY Title to, where vested on formation or change of districts 37 Transfer of on consolidation of districts 29 Disposition of on dissolution of districts 42 148 SCHOOL SITES Title to on formation or change of districts." 37 For consolidated schools, how obtained 30, 85 Selection of site 53 Change of site 53 Size of site 76 Same, in consolidated districts 224 For agricultural schools 84 Bonds for purchase of 142 How acquired by school boards for agricultural instruction 84 Powers of boards to acquire by condemnation 76 SCHOOL SUPPLIES Dealing in by school officer 161 SCHOOL TAXES Chapter relating to (see "Taxation") 195-203 SCHOOL TERMS Length of school month, school week, holidays 174 SCHOOL TEXT-BOOKS Chapter relating to (see "text-books") 249-258 SECRET FRATERNITIES Prohibited in public schools 187 SECTARIAN INSTRUCTION Prohibited Note 179 SET-OFF Voter from one district to another 11 SINKING FUNDS Of school districts, how invested 145 SMALLPOX Powers of state board of health in school matters over 350 SPECIAL SCHOOL DISTRICTS Formation of, petitions for 2 SPECIAL MEETINGS In independent districts of four or more villages 61 SPECIAL CERTIFICATES Of teachers, when and how granted 382 STATE AID TO SCHOOLS Funds for, endowment, special, current, sources of each 210 Fund, distribution of by state board of education 213 Endowment fund, semi-annual distribution of 211 Special state aid, purpose of 215 Amount of to rural schools, ungraded elementary 217 Amounts of to graded elementary 217 Amounts of to high schools and high school departments 217 149 STATE AID TO SCHOOLS— Continued Amounts of to schools maintaining industrial departments 219 Amounts of to high schools with teachers' training departments 220 Amounts and conditions of for libraries 216 Amounts of as based on local tax levy , 218 Tuition aid 216 Qualifications of consolidated schools to receive ..224-225 For buildings 216 For transportation 226 Manner of payment of appropriations for 222 Duties of county auditors in making distribution of 222 Amounts of credited to districts, how paid 222 For defective children 219 STATE AUDITOR Distribution of state current school fund by 205 Fees of teachers' examinations to be paid to, disposition 373 Duties of in apportionment of state school fund 205 To be one of trustees of teachers' retirement fund 412 STATE BOARD OF EDUCATION 303-316 STATE BOARD OF HEALTH As to powers and duties of in school matters 350 STATE CURRENT FUND What is, distribution of to schools and districts 204-209 STATE ENDOWMENT FUND What is, distribution of to schools and districts 210 STATE HIGH SCHOOL BOARD Authority of vested in state board of education 308 To refuse state aid to districts failing in school census 256 Part relating to (see "High School Board") 343-347 STATE OF MINNESOTA Issue of school district bonds to 143-144 STATE NORMAL SCHOOLS Chapter relating to (see "State Teachers' Colleges) 467-478 State Teachers' Colleges 467-478 STATE TEACHERS' INSURANCE AND RETIREMENT FUND Chapter relating to (see "Teachers' Retirement Fund") 409-423 STATE TRAINING SCHOOL Commitment of truants to, when and how 287 STATE TREASURER To be treasurer of state teachers' retirement fund 415 STATE UNIVERSITY Chapter relating to (see "University") 427-466 150 STATIONERY For county superintendents, how provided 341 SUPERINTENDENTS Of schools in independent districts,- duties of 98 Of independent districts, compensation of 99 In independent districts, election of 70 SUPERINTENDENT OF EDUCATION Superintendent of education 317-324 General supervision of public schools vested iu 317 Contingent fund of, purposes of 318 Powers and duties of, general , 319 To prepare uniform system of records, blanks, reports 320 To prepare rules and examine plans for school buildings 321 To prepare school registers, blank and record books 322 To proclaim and provide for observance of "Minnesota Day".... 323 To direct manner of observance of "Minnesota Day" 324 Member of university board of regents 427 President of university to report to 464 To be one of trustees of teachers' retirement fund 412 Director of state teachers' employment bureau, duties 406 Reports of county superintendents to 334 Failure of county auditors to report to 162 Reports to of presidents of state normal schools 478 Submission to of plats of buildings and sites in consolidated dis- tricts 30 To consider and approve plats of consolidated districts 24 Duties of as to state aid for school libraries 276 Apportionment of state school fund by 204 Reports to from county auditors of apportionment of funds 208 Appeal to on terms of admission of pupils from adjoining dis- tricts 79 To withhold state aid from districts failing to take school census 286 Violations of school text-book law by, penalty 257 Duties of to enforce text-book law 256 As to teachers' examinations and certificates. To provide for teachers' institutes 357 To determine times of teachers' examinations 372 To pay expenses of teachers' examinations, how 374 When may grant teachers' special certificate 380 When may accept teachers' certificates from other states 381 When may accept high or normal school diplomas 382 When may renew first and second grade teachers' certificates.. 383 To pay over fees from teachers' examinations 373 Examinations for professional certificates held by 388 May grant professional permits to teachers 392 Endorsement by of advanced normal diplomas as certificates... 395 Endorsement by of normal elementary diplomas for certificates 396 Endorsement by of normal two-year course certificate 397 Endorsement by of university diplomas as certificates 394 Appeal to from refusal to grant teachers' certificates 386 Appeal to from suspension of teachers' certificates 399 Supplies for schools purchased by members of board 93 SUSPENSIONS Of teachers' certificates, how and for what made 399 151 T TAXATION State, levy of 195 County levy of 196 District, levy of 196 City, village, town, district, levy of after vote on 197 Contracts in excess of levy of void, liability of officers 198 Limitation of in common districts 199 Limitation of in independent districts. , 199 Levy of, amount of state aid based on 218 Levy of in independent districts 94 Levy of for school purposes in unorganized territory 118 Levy of in districts of ten or more townships 140 Levy of indebtedness on dissolution of districts 43 Levy of to pay judgment against district. 151 Levy of, school districts not to exceed 8 County auditor to levy in certain counties 200-203 TEACHERS Chapter relating to 353-422 Qualifications and training Qualified definition of 353 Not qualified, when 354 Professional training, requisites of 355 Instrumentalities of training of 356 Institutes for training, how and when held 357 Institutes, duties of county superintendents as to 358 Institutes, use of school houses for 359 Institutes, county appropriations for 360 Institutes, schools may be closed for 371 Examinations Times and places for use of school houses for 372 Fees for taking of, how collected and paid 373 Local expenses of, how paid 374 Branches and subjects of 375 Conduct of, regulations for 376 Marking and grading on, how made 377 Professional, how conducted 388 Professional, subjects of 389 Certificates Grades of 378 First grade, what are 381 Second grade, what are 380 Second grade limited, what are 379 Special, what are 382 Professional, qualifications for 387 First grade professional, what are 391 Second grade professional, what are 390 Professional permits, what are 392 From other states, when may be allowed 383 High and normal school certificates, when good 384 Certificates and diplomas from colleges as 39* State university diplomas as, when valid 394 152 TEACHERS— Continued Advanced normal school diplomas as, when valid 395 Normal school elementary diplomas as, when valid 396 Certificates of two-years' course in normal schools 397 Renewal of first and second grades of, how effected 385 Appeal from refusal to grant, how taken. 386 Records of in office of county superintendents 398 Suspension of, how effected 399 Suspension of, causes for 400 Employment, powers, duties Employment of, when and how made 401 Contracts of employment, form and terms of 401 Contracts of employment, qualifications of teachers 353 Employment bureau, state, establishments of 403 Employment bureau, enrollment in 404 Employment bureau, purpose of 405 Employment bureau, how and by whom conducted 406 To keep school registers, contents of 401 To make reports to county superintendents 402 In evening schools 82 Pensions and annuities for Definitions of terms relating to 409 State fund for, sources of 410 Teachers' contributions to, how collected and paid 411 Management of, trustees and powers and duties of 412 Trustees of, meetings, compensation and expenses 413 Trustees of, duties, reports, publication of 414 Secretary of state as treasurer of funds, duties 415 Teachers' membership in, term of 416 Annuities from, schedule of, how paid 417 Termination of membership in, refundment 418 Annuities from not subject to legal process 419 Annuities from, reduction of 420 Annuities from, when granted 421 Trustees of, election of two of by teachers 1 22 Law relating to not to apply to cities of first class 423 Miscellaneous powers and duties General control of schools vested in 173 Power of to administer corporal punishment 192 Dwellings for in consolidated districts 30 To keep separate registers of pupils from adjoining district.... 81 Of private schools, duties of as to attendance of pupils 282 Duties of as to attendance of children at schools 281 To give instruction in morals, physiology, hygiene 179 Violations of school text-book law by, penalty 258 Illegal dealing in school supplies 161 School blanks and circulars to from county superintendent 333 Duties of county superintendent as to institutes of 329 Records of examinations of kept by county superintendents.... 331 Record of certificates of kept by county superintendents 332 TEACHERS' EMPLOYMENT BUREAU Establishment and purpose of 403 Who entitled to enrollment in 404 153 TEACHERS' EMPLOYMENT BUREAU— Continued Purpose of to furnish information to teachers 405 Director of, duties, salary 406 TEACHERS' HOMES IN CONSOLIDATED DISTRICTS 30 TEACHERS' INSTITUTES For training of teachers, when and how held 357 Same, duties of county superintendents as to 359 Same, use of school houses for 359 Same, county appropriations for 360 Same, schools may be closed during holding of 372 May be held by county superintendents, when 338 TEACHERS' INSURANCE AND RETIREMENT FUND Definition of terms in act relating to 409 State fund for, sources of 410 Teachers' contribution, to, how paid and collected 411 Management of, board of trustees, powers and duties of 412 Trustees of, meetings, expenses, compensation 413 Trustees of, fiscal year, reports and publication of 414 Treasurer of, state treasurer to be, duties of 415 Membership in, conditions of 416 Annuities from, schedule of, payments of 417 Termination of membership, refundment, conditions of 418 Annuities from not subject to legal process 419 Annuities from, reduction of when and how made 420 Annuities from, when and how granted 421 Two trustees of to be elected by teachers, when and how 422 Act relating to not to apply to cities of first class 423 TEACHERS' WAGES. See "Wages." TERMS Of school, length of 174 Of rural schools for aid 217 TEXT-BOOKS For school use to be in English language 178 To be furnished free by school districts, when 252-253 For indigent pupils, authority of boards to furnish 254 Free, vote on, how secured 253 Samples of to be on file with superintendent of education 249 School, to be chosen from lists, prices of 251 School, publishers and dealers to qualify for selling 249 Attempted combination in, penalty 255 Violation of law relating to by school officers 257 Violation of law relating to by teachers 258 Selling of without complying with law, penalty 256 TITLES To school property, how vested on formation or change 37 TOBACCO L T se of by minors and pupils, penalty 165 154 TRANSPORTATION Of pupils to and from schools 77 x Of pupils in consolidated districts 30 Of pupils to adjoining districts 81 Aid for in consolidated districts 216 TRANSFERS Of funds and property on consolidation of districts. 29 TREASURERS Duties of in common districts 103 Official bonds of 104 Term of office of in districts of ten or more townships 128 In common districts, compensation of 105 Compensation in independent districts 99 Compensation of in districts of ten or more townships 138 Liabilities of on selection of depositories by district 109 Misuse of funds by and failure to pay wages of teachers 155 Investment of school districts' sinking funds by 145 Liability of on investment of sinking funds 146 Payment of judgment against district by : 150 TRUANTS Habitual, incorrigible and wandering, truant schools for 287 Commitment of to state training school, when. 287 TRUANT OFFICERS Duties of as to non-attendance of children at schools 288 Powers and duties of as to child labor law 296 TRUANT SCHOOLS For truants, incorrigibles and wandering children 287 TUITION In public schools to be free 170 Free in division of agricultural extension and home education of university 452 Of non-resident in high schools, state aid 216 Free in state normal schools to those intending to teach 476 Free for soldiers and sailors 453-455 U UNGRADED ELEMENTARY SCHOOLS 214,217 UNIVERSITY Chapter relating to 427-466 Management Board of regents, composition of, body corporate 427 Board of regents, vacancies in, how filled 428 Board of regents, organization of 429 155 UNIVERSITY— Continued. Board of regents, powers and duties of 430 Board of regents, reports of to governor 431 Board of regents, powers of to accept bequests 432 Purchasing agent, powers and duties of 433 Same, to submit statements 434 Board of regents, limitations of as to expenses 435 Board of regents, not to exceed appropriations 436 State boaial of control, financial control of 437 President of, powers and duties 463 Same, reports of to superintendent of education 464 Maintenance of, funds for 465 Funds of, investment of, interest on 466 Organization Colleges and departments of 438 Sectarian instruction in prohibited 446 Department of pedagogy in 447 School of mines, support of 448 Agricultural extension and home education 449 Same, purpose of work of 450 Same, officers of, chiefs of divisions 451 Same, free instruction in to residents of state 452 Same, bulletins of, issue and distribution , 456 County agents, co-operation with 457 Same, funds for under dean of agricultural college 460 Same, apportionment of funds for to counties 461 Same, contributions to by counties 461 Same, co-ordination of with federal authority 461 Diplomas of, when valid as teachers' certificates 394 Soldiers and sailors free tuition in 453-455 UNORGANIZED TERRITORY Consolidation of with existing district 28 Board for, composition of 113 Compensation of members 115 Meetings of board 116 Duty of clerk 117 Powers and duties of board 118-131 V VACANCIES In school boards, how filled by board 72 In school boards, how filled by special elections 73 On university board of regents, how filled 428 In state normal school board, how filled 468 VILLAGES In districts or greater area, enlargement or change of 8 156 VOCATIONAL EDUCATION Under Smith-Hughes act 227-245 For persons incapacitated through injuries 246 State board for vocational education 228 W WAGES Teachers, order for preference in payment 95 Current school fund to be used for 95 Order for not paid for want of funds 97 Penalty for failure to pay 155 WARRANTS Of state auditor in apportionment of school funds 205 WEEK School, length of, holidays 174 WOMEN As electors at school meetings 57 157 LAW LIBRARY UNIVERSITY OF CALIFORNIA ;O>YL0RD BROS. IHC. ~r E SyracuM, N.Y. 3 i Stockton, Calif. £