LIBRARY 
 
 OK THE 
 
 UNIVERSITY OF CALIFORNIA. 
 
 OIKT OK 
 
 Received 
 Accession No.,, . 
 
 , igo 
 
DIGEST OF LAWS 
 
 
 
 FREE SCHOOLS 
 
 STATE OF ARKANSAS, 
 
 FORMS FOR USE OF SCHOOL OFFICERS, 
 
 COMPILED AND ANNOTATED BY JUNIUS JORDAN, SUPER- 
 INTENDENT OF PUBLIC INSTRUC'I!- 
 
 BY 
 
 LITTLE ROCK, ARK. : 
 THE BROWN PRINTING COMPANY 
 
 1895 
 
DIGEST OF LAWS 
 
 RELATING TO 
 
 FREE SCHOOLS 
 
 IX TIIK 
 
 STATE OF ARKANSAS, 
 
 AX I) 
 
 FORMS FOR USE OF SCHOOL OFFICERS, 
 
 COMPILED AND ANNOTATED BY JUNIUS JORDAN, SUPER- 
 INTENDENT OF PUBLIC INSTRUCTION. 
 
 BY AUTHORITY. 
 
 LITTLE ROCK, ARK.: 
 THE BROWN PRINTING COMPANY. 
 
R-ga 
 
CHAPTER CXXXIX 
 
 OF 
 
 SAN DELS 3d HILL'S DIGEST. 
 
 SECTION 
 
 FREE SCHOOLS SUPPORT OF. 
 
 6930. The state ever to maintain free schools ; who may receive gratuitous in- 
 
 struC'ion. 
 
 6931. State taxes for support of; limit; per capita tax; additional taxation may 
 
 be in school districts ; limit. 
 
 COMMON SCHOOL FUND. 
 
 6932. What moneys and other property constitute this fund; to be invested. 
 
 6933. County courts may place certain funds to credit of school districts, when. 
 6634. Principal arising from sale of sixteenth sections shall not be apportioned 
 
 or used. 
 
 6935. Certain townships, when not entitled to proceeds. 
 
 6936. Income of fund and per capita tax, how appropriated. 
 
 6937. Auditor to draw warrant on treasurer for school revenues due the coun- 
 
 ties, when. 
 
 6938. County collector to collect per capita tax and pay into county treasury. 
 
 when and how. 
 
 6939. Debts due the fund by estates preferred. 
 
 6940. No costs to be charged in suits for dues to the fund, when. 
 
 COMMISSIONERS OF SCHOOL FUND. 
 
 6941. Board of commissioners, who compose; when and where to meet. 
 
 6942. Governor to be president of board. 
 
 6943. Superintendent of public instruction to be secretary and keep record of 
 
 proceedings; copy of record to be evidence. 
 
 6944. Board to invest fund in bonds. 
 
 6945. Suits for moneys due the fund may be in any court having jurisdiction, 
 
 when ; board may direct officer to prosecute suit. 
 
 6946. All moneys accruing to the fund to be paid into treasury; how paid out. 
 
 6947. Auditor accountant for board ; to make report, when and to whom. 
 
 82735 
 
4 SCHOOL LAWS. 
 
 6948. Auditor to draw warrants on the fund to pay for investments, when. 
 
 6949. Treasurer to pay such warrants and keep in treasury all securities so pur-- 
 
 chased. 
 
 6950. Board to make settlements with the state treasurer, when. 
 
 SUPERVISION OF PUBLIC SCHOOLS. 
 
 6951. General assembly to provide officers for. 
 
 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 6952. When elected 
 
 6953. Oath of. 
 
 6954. To have general superintendency of the schools of the state, 
 
 6955. Office to be at Little Rock ; have all books, etc., of his department there, 
 
 and of all the business of his office keep a record. 
 
 6956. 6957, 6958, 6959, 6960, 6961, 6962, 6963. Duties and powers of. 
 
 6964. Report to governor, when. 
 
 6965. Governor to transmit report to general assembly. 
 
 6966 Superintendent to have his reports published and distributed. 
 
 6967, 6968, 6969, 6970, 6971. Powers and duties; further specifications of. 
 
 6972. Vacancy in office of superintendent, how filled. 
 
 6973. Superintendent or examiner acting as book agent, or receiving pay for in- 
 
 fluence, guilty of misdemeanor. 
 
 6974. Superintendent may grant state certificates to any person passing an ex- 
 
 amination. 
 
 6975. May prepare list of text-books and recommend same. 
 
 6976. Impression of superintendent's seal of office to be furnished to secretary 
 
 of slate. 
 
 6977. Documents, etc., in superintendent's office, how to be authenticated. 
 
 6978. To prepare forms for grades of certificates to teachers, school registers, , 
 
 reports of directors and examiners. 
 
 DISTRICT NORMAL SCHOOLS. 
 
 6979. 6980, 6981, 6982, 6983, Changed to county normals by act of April 20, 
 
 1895. 
 
 SCHOOL DISTRICTS. 
 
 6984. Repealed. 
 
 6985. When change proposed, notice to be given ; how, where and when 
 
 posted. 
 
 6986. Schools to be body corporate; name of; corporate powers. 
 
 6987. To have property in corporate name. 
 
 6988. No district to be formed, nor old one reduced, so as to contain less than, 
 
 thirty persons of scholastic age. 
 
 6989. County court may form new districts or change boundaries; when. 
 
 6990. Such territory to have requisite children or property. 
 
 6991. Proportional share of debt to be adjusted. 
 
 6992. Proportionate share of surplus fund to be adjusted. 
 
SCHOOL LAWS. 5 
 
 APPORTIONMENT OF SCHOOL FUND. 
 
 6993. County court to apportion school revenue to the districts; rule. 
 
 6994. New districts, when and how to be apportioned. 
 
 6995. County examiners to report number of residents in each district. 
 
 6996. County clerks to lay reports before the court. 
 
 6997. Counties losing funds by change of boundaries, to be reimbursed. 
 
 6998. Amounts thus paid deducted from share of what counties. 
 
 6999. Auditor to draw warrant for county's share of school fund, when. 
 
 COUNTY EXAMINERS. 
 
 7000. How appointed, commissioned, etc. 
 
 7001. Appointments heretofore made validated. 
 
 7002. Oath of. 
 
 7003. To stand examination before entering on duties. 
 
 7004. No one to fill the office of examiner and school director at the same time. 
 
 7005. Clerk to notify superintendent of appointment, etc. 
 
 7006. Superintendent to examine, or appoint some one to examine him ; ques- 
 
 tions to be used. 
 
 7007. Salary of; limit to. 
 
 7008. Examiner not to examine applicant till fee is paid to treasurer, etc. 
 
 7009. Duty of examiner. 
 
 7010. Examination, what to consist of. 
 
 7011. Examiner to give certificates according to grade to those entitled. 
 
 7012. Shall not license certain persons described. 
 
 7013. May cite for re-examination and revoke licenses ; when. 
 
 7014. Effect of such revocation. 
 
 7015. Additional examination in regard to land surveys. 
 
 7016. Failure to teach the instructions required in preceding section, cause to 
 
 revoke licenses. 
 
 7017. To issue three grades of certificates. 
 
 7018. To keep record of teachers licensed. 
 
 7019. To encourage inhabitants to establish public schools; report to state sup- 
 
 erintendent condition of schools in his county, etc. 
 
 7020. Annual report of, what to contain. 
 
 7021. To number the school districts and keep record and description of each. 
 
 7022. May appoint person to hold institutes and examinations, when. 
 
 7023. County judge may remove examiner and appoint successor, when. 
 
 7024. Examiner failing to perform required duties ; forfeiture. 
 
 7025. Examiner to present, and may have allowed, by the county court, an ac- 
 
 count; of what ; how much allowed. 
 
 7026. How paid. 
 
 ANNUAL SCHOOL MEETING. 
 
 7027. 7028. When held ; who may vote. 
 7029. Quorum; routine of business. 
 
O SCHOOL LAWS. 
 
 7030. Annual district election, how held ; judges and clerks of. 
 
 7031. Ballot, form of ; returns, how made. 
 
 7032. Result of election to be delivered to county clerk. 
 
 7033. County court to open returns and determine amount of taxes voted. 
 
 7034. Taxes so voted, how levied and collected. 
 
 SCHOOL DIRECTORS.. 
 
 7035. When elected ; term of office. 
 
 7036. Judges to give certificate within five days ; director to qualify within ten 
 
 days thereafter ; filing certificate and oath. 
 
 7037. Oath of office, by whom administered. 
 
 7038. 7039. Refusal to qualify as director, forfeiture ; failing to perform duties 
 
 of his office, forfeiture. 
 
 7040. Vacancy in office of director, how filled. 
 
 7041, 7042, 7043. Directors, board of; duties and powers. 
 
 7044. Month, meaning of, in school law. 
 
 7045. Directors may expend annually not more than twenty-five dollars for 
 
 charts, etc. 
 
 7046. 7047, 7048, 7049, 7050, 7051. Directors, board of; further specification 
 
 of duties and powers. 
 
 7052. Warrant drawn by directors ; county treasurer to pay. 
 
 7053. Directors to give notice of annual school meeting ; contents of notice. 
 
 7054. 7S5- Director, one to be clerk at all district meetings, and keep record of 
 
 proceedings; also to keep the yearly accounts of the district. 
 
 7056. Directors to report to county clerk the officers elected and amount of 
 
 money voted at annual meeting. 
 
 7057. Directors to report annually to county examiner; contents of report. 
 
 7058. Directors failing to make this report, liable in damages. 
 
 7059. Directors to settle annually with county treasurer. 
 
 7060. 7061. Directors may suspend any pupil for cause; may permit older per- 
 
 sons to attend school. 
 
 7062, 7063, 7064. County court may transfer scholars to an adjoining district, 
 when ; regulations concerning such transfer. 
 
 7065. Directors may permit private school to be taught in district school house,, 
 
 when. 
 
 7066. Directors may cause schobls to be closed, when. 
 
 7067. Directors and examiners exempt from road work. 
 
 7068. Neglect to report tax levied at annual meeting liability for loss ; fine. 
 
 7069. Directors to furnish county clerk with list of all persons owning property 
 
 in the district liable to pay special tax, when. 
 
 7070. Neglect of any duty under school laws, fine for. 
 
 TEACHERS. 
 
 7071. Must have certificate and license to teach, or not entitled to pay. 
 
 7072. Must keep daiiy register. 
 
SCHOOL LAWS. 7 
 
 7073. Duty of, to attend teachers' institute. 
 
 7074. Not to permit sectarian books to be used in school. 
 
 7075. How paid ; preference of claim 
 
 7076. To return register, else pay stopped. 
 
 TRESPASS ON SCHOOL HOUSE, ETC. 
 
 7077. Injuring school house, fixtures, etc., fine for. 
 
 SCHOOL WARRANTS DISBURSEMENT OF FUNDS, ETC. 
 
 7078. County collectors and treasurers not to be interested in school warrants. 
 
 7079. District school tax payable in warrants of district. 
 
 7080. County treasurer to keep register of school warrants, how. 
 
 7081. County treasurer to give notice of receipt of school funds; how such funds 
 
 paid out. 
 
 7082. Officer failing to comply with act, punishment. 
 
 7083. Director fraudulently issuing warrant, punishment. 
 
 7084. County treasurer to report school funds received by him, disbursements 
 
 and balance in treasury, when. 
 
 7085. Orders of directors to be presented to treasurer, when ; order of payment. 
 
 7086. If not paid, how indorsed ; record of such warrants. 
 
 VIOLATION OF SCHOOL LAWS DUTY OF PROSECUTING ATTORNEYS. 
 
 7087. Prosecuting attorneys, when school laws are violated, to bring offenders to 
 
 trial ; compensation; costs in such cases. 
 
 SPECIAL ACTS FOR SCHOOLS IN CITIES AND TOWNS. 
 
 7088. Cities and towns may be special districts. 
 
 7089. 7090. Procedure to adopt the act and elect directors. 
 
 7091. Election in, when and how held. 
 
 7092. By whom held, duties, compensation and oath of judges and clerks. 
 
 7093. Polls, when opened and closed. 
 
 7094. If a regular judge fails to appear, when and how judge elected. 
 
 7095. Wh6n electors vote. 
 
 7096. Returns of election. 
 
 7097. Duty of clerk; duty of county clerk. 
 
 7098. Directors, when and how to qualify. 
 
 7099. Provisions of chapter not applicable. 
 
 7100. Board to organize, how. 
 
 7101. Meetings of board; quorum; board may make rules for its own govern- 
 
 ment. 
 
 7102. 7103. Powers and duties of board. 
 
 7104. Warrants on the county treasury, how drawn and signed. 
 
 7105. Secretary of board, duties of, compensation. 
 
 7106. Title to all school property vested in city or town as a school district, and 
 
 to be under control of directors. 
 
 7107. Name of district ; corporate powers; style of board. 
 
8 SCHOOL LAWS. 
 
 7108. Debts of former districts to be paid. 
 
 7109. Directors failing to qualify or to perform their official duties ; penalty. 
 
 7110. Board of visitors and examiners, how appointed; term of office ; appointee 
 
 failing to perform duties; penalty. 
 
 7111. District to receive full share of school fund. 
 
 7112. State superintendent to make suggestions, etc., to directors. 
 
 7113. Provisions of the general school law; when to apply to special districts ; 
 
 county court may annex contiguous territory, when. 
 
 II. SCHOOL LANDS. 
 SECTION 
 
 7114. Inhabitants of any congressional township may petition for sale of six- 
 
 teenth section. 
 
 7115. Duties of collector on receipt of petition. 
 
 7116. If subdividing no tract shall contain more than forty acres. 
 
 7117. Collector shall cause each subdivision to be appraised. 
 
 7118. Collector shall give public notice of time of sale. 
 
 7119. Collector shall offer each tract separately. Sale shall take place between 
 
 the hours of 12 m. and 3 p. m., and may be continued from day to day. 
 No tract shall be sold for less than appraisement. If any tract remain 
 unsold collector may without petition sell again, giving notice of sale. 
 
 7120. Collector shall report sales to county court. If sales not confirmed court 
 
 shall direct collector to advertise and sell again. Form of certificate to 
 be given to purchaser. Commissioner of state lands shall make deed 
 on presentation of certificate. 
 
 7121. Collector shall pay all costs of sales out of proceeds. 
 
 7122. County clerk shall ascertain who are paying taxes on the sixteenth sec- 
 
 tions ; other duties. 
 
 7123. County clerk shall keep the account of each township entitled to benefits 
 
 from this act. 
 
 7124. Penalty imposed on county clerk for failing to keep record. 
 
 7125. Collection of claims due common school fund; authorizes attorney general 
 
 to employ competent attorneys in each county to collect claims due on 
 account of sixteenth section ; other duties. 
 
 7126. State treasurer shall place to credit of proper county all moneys received 
 
 on account of sixteenth section lands. 
 
 7127. State treasurer to invest money and place accrued interest to credit of 
 
 each county. 
 
 7128. Accrued interest may be drawn in same manner as now provided for by law. 
 
 7129. All evidences of indebtedness arising from sales of sixteenth sections shall 
 
 be turned over to commissioner of state lands. 
 
 7130. County collectors and treasurers shall turn over to state treasurer all the 
 
 moneys in their hands belonging to I5th section fund. 
 
SCHOOL LAW'S. 9 
 
 7131. Commissioner of state lands shall keep record of all deeds made for six- 
 
 teenth section lands. 
 
 PATENTS. 
 
 7132. Last assignee of certificate for school lands entitled to deed, when 
 
 7133. Auditor to execute deed for school lands to heirs at law, when. 
 
 7134. Lands so conveyed, to stand charged with amount advanced by estate to 
 
 procure title. 
 
 7135. Patents issued, and all official acts done during the war concerning school 
 
 lands, made valid. 
 
 7136. Rights of the state in such lands, acquired under judgment, etc., where 
 
 deeds had been made to purchasers, vested in the proper owners under 
 such deeds. 
 
 7137. Certain suits by the state for school lands to be dismissed. 
 
 7138. Commissioner of state lands to make deed for school lands paid for, and 
 
 for which no conveyance has been made. 
 
 LEASE OF SCHOOL LANDS. 
 
 7139. Collector to lease school lands, when. 
 
 7140. Manner and terms of leasing. 
 
 7141. Notice of leasing, how given. 
 
 7142. Leased by private contract, when. 
 
 7143. Occupants to pay rent. 
 
 7144. Lessees, rules governing, minimum rent. 
 
 I. SCHOOLS. 
 
 FREE SCHOOLS SUPPORT OF. 
 
 SECTION 6930. Intelligence and virtue being the safe- 
 guards of liberty, and the bulwark of a free and good gov- 
 ernment, the state shall ever maintain a general, suitable 
 and efficient system of free schools, whereby all persons in 
 the state, between the ages of six and twenty-one years, 
 may receive gratuitous instruction. 
 
 SEC. 6931. The general assembly shall provide, by gen- 
 eral laws, for the support of common schools by taxes, 
 which shall never exceed in any one year two mills on the 
 dollar on the taxable property of the state ; and by an an- 
 nual per capita tax of one dollar, to be assessed on ever) 
 male" inhabitant of this state over the age of twenty-one 
 years, Provide d % The general assembly may, by general 
 
IO SCHOOL LAWS. 
 
 law, authorize school districts to levy, by a vote of the 
 qualified electors of such districts, a tax not to exceed five 
 mills on the dollar in any one year for school purposes. 
 Provided, further, That no such tax shall be appropriated to 
 any other purpose, nor to any other district, than that for 
 which it was levied. Art. 14., sees, i and j, Const. 
 
 POWER TO TAX FOR SCHOOL PURPOSES. 
 
 The state is the source of authority. "Every muncipal corporation and every 
 political division of the state must be able to show due authority from the state 
 to make the demand." 
 
 Cooley on Taxation, 474. 
 
 School districts are civil corporations, and the legislature may confer upon 
 them the power to tax for school purposes. 
 State v. Bremond, 38 Texas, 1 16. 
 
 The words "public schools" are synonymous with "common schools," and 
 mean the schools created by law and maintained at the public expense, and 
 which are open and common to the children of the inhabitants alike. 
 Jenkins v. Andover, 103 Mass., 94. 
 People v. Board of Education, 13 Barb. (N. K), 490. 
 Hotter t v. Sparks, 9 Bush, 259. 
 Webster's Dictionary, Common Schools. 
 Henderson v. Collins and Jett, Kentucky Reports* 
 Abbot? s Law Dictionary, title, Common Schools. 
 
 Taxation for public schools is for a public use and purpose, and public educa 
 tion is a fit and appropriate object of taxation. 
 68 M. ., 582. 
 
 Williams v. School District, 33 Vt., 271. 
 Marshall v. Donovan, 10 Buck. (Jfy.),68l. 
 6 Coiven (N. K), 543. 
 56 Pi. St. 359; 22 Grattan ( Va.}, 857. 
 
 There can be no taxation in aid of a private educational institution operated 
 for individual profit. 
 
 Curtis 1 Admr's v. W hippie, 24 Wis., 350. 
 Philadelphia Assn. v. Wood, 39 Pa. St., 73. 
 
 That a school building was larger than was immediately needed, and that the 
 vote specified among other uses of a part of the building, that of holding school 
 society meetings and lectures therein, does not vitaite the tax, nor authorize a 
 court to enjoin the same. 
 
 Sheldon v. Centre School District, 25 Conn., 224. . 
 
 Greenbanks v. Boutwell, 43 Vt., 207. 
 In New Hampshire it has been held that a vote by a school district to remove 
 
SCHOOL LAWS. . I I 
 
 and repair a school house came within the authority granted by statute to raise 
 money " for erecting and repairing school houses." 
 
 Bump v. State, 4 (N. H.}, 48. 
 
 Taxation to support high schools and normal schools has been declared proper 
 and lawful unless absolutely restricted by the constitution. 
 
 Stuart v. School District, 30 Mich., 69. 
 
 Report U. S. Corner Ed. for 1876-7. 
 
 Richards v. Raymond, Supt. Court of Illinois, Nov. 10, 1879. 
 
 Chicago Legal News, Vol.\2,No. n. 
 
 Merrick and others v. Inhabitants ef Newburyport, 10 Metcalf 
 (Mass.], 508. 
 
 Briggs et al. v. Johnson County, Mo., 4 Dillon C. C. R., 148. 
 
 Commonwealth v. Dedham, 16 Mass., 141. 
 
 Commonwealth v. Sheffield, n Cush (Mass.), 178. 
 
 Jenkins v. Andover, 103 Mass., 94. 
 
 In a Massachusetts case it was decided that money raised for the support of a 
 female high school for the purpose of teaching book-keeping, algebra, geometry, 
 history, rhetoric, mental, moral and natural philosophy, botany, the Latin and 
 French languages, was lawfully raised by taxation. 
 
 10 Metcalf (Mass.}, 508. 
 
 Because a constitution expressly names free schools and a university, and 
 does not name normal schools, is no constitutional reason against taxation to es- 
 tablish normal schools. 
 
 Briggs v. Johnson County, 4 Dill., C. C. R., 148. 
 
 COMMON SCHOOL FUND. 
 
 SEC. 6932. The proceeds of all lands that have been, 
 or hereafter may be, granted by the United States to this 
 state, and not otherwise appropriated by the United States 
 or this state ; also all moneys, stocks, bonds, lands and 
 other property now belonging to any fund for purposes of 
 education ; also the net proceeds of all sales of lands and 
 other property and effects that may accrue to this state by 
 escheat, or from sales of estrays, or from unclaimed divi- 
 dends, or distributive shares of the estates of deceased per- 
 sons ; also any proceeds of the sale of public lands which 
 may have been, or may be hereafter, paid over to the state 
 (congress consenting) ; also ten per cent of the net proceeds 
 of the sales of all state lands ; also all the grants, gifts or 
 devises that have been or hereafter may be made to this 
 
12 SCHOOL LAWS: 
 
 state, and not otherwise appropriated by the tenure of the 
 grant, gift or devise, shall be securely invested and sacredly 
 preserved as a public school fund that shall be designated 
 as the " common school fund " of the state, and which shall 
 be the common property of the state, except the proceeds 
 arising from the sale or lease of the sixteenteen section (a). 
 Act December 7, 1873, sec - T - 
 
 SEC. 6933. The county courts of the various counties 
 are authorized and empowered to place to the credit of the 
 common school fund of the county, any and all school 
 funds that may be in the county treasury, derived from va- 
 rious sources, and about which there is any doubt as to their 
 proper application with the county court, and that said 
 school funds, when so placed to the credit of the common 
 school fund, shall be, by said county courts, apportioned 
 among the school districts of the county as is now provided 
 by law. 
 
 SEC. 6934. The principal arising from the sale of the 
 sixteenth section of land shall never be apportioned or used. 
 
 SEC. 6935. Should any of the funds mentioned in this 
 act arise from the sale of said sixteenth section of land and 
 there should be any doubt as to the township from whence 
 it came, then such townships as have not disposed of the 
 sixteenth section of land, or may have disposed of the same 
 and have the proceeds placed to their credit, shall not be 
 entitled to any part of the interest arising from said doubt- 
 ful sixteenth section fund. Act March 13, 1885 \ sees. /, 2. 
 
 SEC. 6936. The annual income from the said fund, to- 
 gether with one dollar /^f capita to be annually assessed on 
 every male inhabitant over the age of twenty-one years, and 
 so much of the ordinary annual revenues of the state as may 
 hereafter be set apart by law for such purposes, shall be 
 
 (a) No money or property belonging to the public school fund, or to this 
 state, for the benefit of schools or universities, shall ever be used for any other 
 than for the respective purposes to which it belongs. Art. 14, sec. 2, Const. 
 
SCHOOL LAWS. 13 
 
 faithfully appropriated for maintaining a system of free com- 
 mon schools for this state, and shall be appropriated to no 
 other purpose whatever. Act December 7, 1875, sec. 2. 
 
 SEC. 6937. The state auditor shall, on requisition from 
 the state superintendent of public instruction, draw war- 
 rants on the state treasurer for payment to the several county 
 treasurers of the school revenues due their respective 
 counties. 
 
 SEC. 6938. The per capita tax levied by the general reve- 
 nue laws of the state shall be collected by the county col- 
 lector at the same time and place that the state taxes are 
 collected, and be paid in the county treasury on or before 
 the first day of July of each year, in the presence of the 
 county conrt clerk, who shall make a record of the same 
 as a revenue for the support of common schools (b). /<., 
 sees. ?/ and 32. 
 
 SEC. 6939. In the payment of debts by executors and 
 administrators, the debts due the common school fund shall 
 have a preference over all other debts, except funeral and 
 other expenses attending the last sickness. 
 
 SEC. 6940. No justice of the peace, constable, clerk of a 
 court or sheriff shall charge any costs in any suit where the 
 collector or any other officer sues for the recovery of any 
 money due to the common school fund, if the plaintiff in 
 such cause is unsuccessful. Act January //, 18531 sees. 50 
 and 55. 
 
 COMMISSIONERS OF SCHOOL FUND. 
 
 SEC. 6941. The secretary of state, auditor and state su- 
 perintendent of public instruction shall constitute a board 
 of commissioners of the common school fund, and shall 
 meet semi-annually at the office of said superintendent on 
 the first Monday in February and on the first Monday in 
 August in each year. Provided, The secretary of state may 
 
 (b.} The penalty collected for the non-payment of 4axes on personal prop- 
 erty is to be paid into the county school fund. See sec. 6589. 
 
14 SCHOOL LAWS; 
 
 assemble the members of said board any time at his dis- 
 cretion. 
 
 SEC. 6942. The secretary of state shall be president of 
 said board and shall sign the journal of each day's proceed- 
 ings. Act Dec. 7, /#75, sees. 3, 4, as amended by act April 
 10, 1893. 
 
 SEC. 6943. The superintendent of public instruction shall 
 act as secretary of the said board, and shall keep a faithful, 
 correct record of the proceedings, and shall keep the said 
 record open at all times for inspection. A copy of said 
 record, certified by the secretary of the board, shall be in 
 all cases received as evidence equal with the original. 
 
 SEC. 6944. The said board of school commissioners 
 shall have the management and investment of the common 
 school fund belonging to the state, and shall from time to 
 time, as the same may accumulate, securely invest the said 
 funds in bonds of the United States or the state of Arkansas. 
 
 SEC. 6945. That all moneys required by law to be paid 
 into the treasury to the credit of the common school fund 
 may, if the same be not paid within thirty days after they 
 shall have become due and payable, be recovered, with in- 
 terest due thereon, by action in any court having jurisdic- 
 tion ; and such action shall be prosecuted by the attorney 
 general of the state, or by the prosecuting attorney of any 
 judicial district within this state, when directed by the said 
 board.* 
 
 SEC. 6946. All moneys belonging or owin^ to the com- 
 mon school fund, as mentioned in section 6932, or accruing 
 as revenues therefrom, together with the state school tax, 
 shall be paid directly into the state treasury, and shall not 
 be paid out except on the warrant of the auditor. Act De- 
 cember 7, /<?75, sees. 5-8. 
 
 SEC. 6947. The state auditor shall be the accountant of 
 said board, and shall, annually, on the first Monday in Oc- 
 
 *See Orr v. State, 56-107. 
 
SCHOOL LAWS. 15 
 
 tober, transmit to the governor and to the superintendent of 
 public instruction a report of the condition of the school 
 fund on the ist day of July last preceding, with an abstract 
 of the accounts thereof in his office. 
 
 SEC. 6948. The auditor shall, under the direction of the 
 board of commissioners, draw warrants on the state treas- 
 urer for the payment of all or any portion of the common 
 school fund belonging to the state, for the purchase of bonds 
 or other securities in which the same is by law invested. 
 
 SEC. 6949. The state treasurer shall, by virtue of such 
 warrant, pay from the uninvested common school fund the 
 purchase money for said securities, and shall receive and 
 deposit the same in the state treasury for safe-keeping, and 
 receipt to the president of the board of commissioners for 
 the kind and amount of such securities. 
 
 SEC. 6950. The said board shall, at their semi-annual 
 meeting, settle with the state treasurer all accounts of the 
 common school fund not before settled. Ib., sees, 9-12. 
 
 SUPERVISION OF PUBLIC SCHOOLS. 
 
 SEC. 6951. The supervision of public schools, and the 
 execution of the laws regulating'the same, shall be vested 
 in and confided to such officers as may be provided for by 
 the general assembly. Art. 14., sec. 4., Const. 
 
 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 SEC. 6952. At the next general election, and every two 
 years thereafter, there shall be elected a state superintendent 
 of public instruction, by the qualified electors of this state, 
 as state officers are now elected. 
 
 SEC. 6953. Before entering upon the duties of his office, 
 he shall take and subscribe the oath prescribed for officers 
 by the constitution of this state, and shall file such oath with 
 the secretary of state. 
 
 SEC. 6954. The superintendent of public instruction shall 
 
l6 SCHOOL LAWS. 
 
 be charged with the general superintendence of the business 
 relating to the free common schools of this state.* 
 
 SEC. 6955. He shall open at the seat of the state govern- 
 ment (at the expense of the state) a suitable office, in which 
 he shall keep all books, reports, documents and other papers 
 pertaining to his department, and where he shall be in at- 
 tendance when not necessarily absent on business, and have 
 personal supervision of the business affairs of his office, and 
 keep a clear and correct record thereof. 
 
 SEC. 6956. He shall furnish suitable questions! for the 
 examination of teachers to the county examiner ; he shall 
 hold a teachers' institute annually in each judicial district of 
 the state, to be called a normal district institute ; he shall 
 arrange the; programme exercises for each of such institutes, 
 and preside thereat. Provided, If he should not be present, 
 the teachers who may have assembled may organize and hold 
 such normal district institute. (See recent act of the legisla- 
 ture placed in the digest after sec. 6978.) 
 
 SEC. 6957. He shall prepare and transmit to the county 
 examiners, school registers, blank certificates, reports and 
 other printed blanks, together with other suitable blanks, 
 forms and printed instructions, to be forwarded to directors 
 and other school officers, as may be necessary to aid such 
 officers in making their reports and carrying into full effect 
 
 *A general power of charge and supervision oi schools includes the power to 
 make all reasonable rule? and regulations for the discipline, government and 
 arrangements of schools. 5 Cush. (Mass.), 198 ; 8 Cush. (Mass.),i6o; 12 AIL 
 (Mass.}, 127; 105 Mass., 476; ,63 ///., 353; 71 Mo., 628; 13 Brad., 520. 
 
 As to what is a reasonable rule, see 63 ///., 353548 ^.,476,477; 31 Iowa, 565. 
 
 It is in short, "Any rule of the school or system not subversive of the rights 
 of the children or parents or in conflict with humanity and the precepts of divine 
 law which leads to advance the hw in establishing public schools." 
 
 f*The state superintendent iS the only one authorized to furnish questions for 
 these examinations. The examinations held by examiners at the close of a 
 private school of their own, in which they have prepared the teachers to answer 
 certain questions prepared by the examiner for the occasion, are not legal, and a 
 license granted in this manner is void. 
 
SCHOOL LAWS. I/ 
 
 the various provisions of the school laws of this state. Act 
 December 7, /<?75, sees. 13-16. 
 
 SEC. 6958. The superintendent of public instruction shall 
 prepare a form of poll books to be used by the directors of 
 the various school districts of this state at their annual elec- 
 tions as are now, or may hereafter be provided by law, and 
 have the same printed as other blanks for school purposes ; 
 and shall transmit the same to the county examiner of each 
 county for distribution to school directors in the same man- 
 ner as other school blanks are now, or shall hereafter be dis- 
 tributed. Act March 2, 1887. 
 
 SEC. 6959. He shall exercise such supervision over the 
 school funds as to ascertain the amount and disposal made 
 of the same, their protection and safety when invested or 
 deposited, and recommend measures for their seecurity and 
 preservation, and for rendering them most productive of 
 revenues ; shall enforce the strict application of the school 
 revenues to the legitimate purposes for which they were 
 intended, and shall, when directed by the commissioners of 
 the school fund, cause to be instituted, in the name of the 
 state of Arkansas, suits or actions for the recovery of any 
 portion of the said funds or said revenues that may be 
 squandered, illegally applied or unsafely deposited. 
 
 SEC. 6960. He shall, on or before the first day of No- 
 vember in each year, prepare and submit to the governor of 
 this state an aanual report, in writing, showing the number 
 of persons between the ages of six and twenty-one years 
 residing in the state on the first day of the preceding July ; 
 the number of such persons in each county; the number of 
 each sex ; the number of white ; the number of colored ; 
 the whole number of such persons that attended the free 
 common schools of the state during the year ending the 
 thirtieth day of the last preceding June, and the number in 
 each county that attended during the same period; the 
 number of whites of each sex that attended, and the num- 
 
 S 2 
 
1 8 SCHOOL LAWS. 
 
 her of colored of each sex that attended the said schools; 
 the number of common schools in the state ; the number of 
 pupils that studied each of the branches taught ; the average 
 wages paid teachers of each sex ; the relative average 
 wages paid to male and female teachers respectively, ac- 
 cording to the different grades of their certificates ; the 
 number of school houses erected during the year ; the ma- 
 terial and cost thereof; the number previously erected, the 
 material of which they were constructed, their condition 
 and value ; the number with their grounds inclosed ; the 
 counties in which teachers' institutes were held, and the 
 number that attended the institutes in each county. 
 
 SEC. 6961. He shall likewise report the amount of per- 
 manent school fund belonging to the state at the close of 
 the fiscal school year, and the amount of other property 
 apportioned to school purposes ; the nature, kind and 
 amount of such investments made of the same ; the safety 
 and permanency of such investments ; the amount of 
 revenue accruing from the school funds ; the income re- 
 ceived from tfie per capita assessments of each county, and 
 the amount derived from such assessment in all the counties 
 of the state ; the income derived from all other sources, to- 
 gether with the amount derived from each; likewise in 
 what sums, for what purposes and in what manner the said 
 school revenue shall have been expended, and what amount 
 of school moneys of various kinds are in the various county 
 treasuries unexpended. 
 
 SEC. 6962. He shall include in his report such plans as 
 he may have matured for the improvement of the common 
 school system of this state ; for the accumulation, the invest- 
 ment and the more judicious management of the common 
 school fund, and, when he may deem it advisable, shall rec- 
 ommend measures for a more economical and advantageous 
 collection and expenditure of the revenues accruing from 
 the said fund ; and whenever it comes to his knowledge that 
 
SCHOOL LAWS. IQ 
 
 any of the investments of the school funds are not safe, or 
 that any portion of the said fund is liable to be lost, that it 
 is unproductive of revenue, or that any of the school 
 revenues have been diverted from their proper channel or 
 from the appropriate objects contemplated, he shall report 
 the facts to the governor and to the general assembly, if in 
 session. 
 
 SEC. 6963. He shall also append to his report a statisti- 
 cal table, compiled from the materials transmitted to his 
 office by school officers, with proper summaries, averages 
 and totals given. 
 
 SEC. 6964. He shall present such a comparison of results, 
 and such an exhibit of his administration, and of the opera- 
 tion of the common free school system, together with such 
 statements of the true condition of the schools of the state, 
 as shall distinctly show the improvements and progress 
 made from year to year in the department of public instruc- 
 tion, 
 
 SEC. 6965. The annual reports of the state superintend- 
 ent to the governor shall be transmitted by the governornor 
 to the general assembly at the opening of the session. 
 
 SEC. 6966. He shall have his reports to the governor 
 published as soon as practicable after they have been made, 
 and shall cause them to be distributed among the various 
 school officers of the state, to be kept on file in their respec- 
 tive offices. Provided, He shall not have more than five 
 thousand copies of such reports printed for any one year, 
 the printing of such reports to be let out as other contracts 
 for printing. Act December 7, /#75, sees. 16-23. 
 
 SEC. 6967. He shall on the first Monday of August and 
 on the first Monday of February of each year, make a pro 
 rata apportionment to the several counties of the state of 
 the remaining revenues in the state treasury available for 
 distribution for school purposes, on the basis of the num- 
 ber of persons between the ages of six and twenty-one 
 
2O SCHOOL LAWS. 
 
 years, residing in said county, respectively, on the first 
 day of September previous ; and he shall publish a 
 statement of the same, and as early as practicable, 
 shall transmit a copy thereof to each county exam- 
 iner and to each of the several treasurers in the state, and 
 to each county clerk, who shall submit the same to the 
 county court at its next term ; and he shall thereupon draw 
 his requisition on the state auditor in favor of the treasurers 
 of the several counties for such amount as the said counties 
 maybe entitled to receive for the support of free common 
 schools. Act March 20, 1891. 
 
 SEC. 6968. He shall, from time to time, publish in con- 
 venient pamphlet form, and furnish each school officer, the 
 acts of the general assembly relating to common schools, and 
 the decisions of the courts having competent jurisdiction in 
 relation to the school laws ; and he shall likewise, at the re- 
 quest of any school officer, render a decision relating to the 
 intent, construction or administration of any portion of the 
 school laws on which decisions shall not have been pub- 
 lished, and he may, when he shall deem it advisable to have 
 the opinion of the attorney general, require said opinion to 
 be given in writing(^). 
 
 SEC. 6969. He shall, for the purpose of ascertaining the 
 amounts, safety and preservation of the school funds, have 
 access to the auditor's books and papers, with full power to 
 use and inspect the same. 
 
 SEC. 6970. At the expiration of his term of office he shall 
 deliver to his successor possession of his office, together 
 with all books, records, documents, papers and other articles 
 belonging or pertaining to his office. 
 
 SEC. 6971. He shall affix the seal of the department of 
 
 (a.) It is the sole duty of the superintendent of public instruction to render 
 decisions relating to the intent, construction or administration of any portion of 
 the school laws. The attorney general is the legal adviser of the superintendent 
 and not of school officers. 
 
SCHOOL LAWS. 21 
 
 public instruction to all official communications from his 
 office. 
 
 SEC. 6972. Whenever a vacancy in the office of superin- 
 tendent of public instruction shall occur, from death, resig- 
 nation or otherwise, the governor shall appoint a person of 
 suitable attainments to serve the remainder of the unexpired 
 term. Provided, Such vacancy shall occur within nine 
 months from the next succeeding election ; otherwise, an 
 election shall be ordered, as in case of state officers. 
 
 SEC. 6973. Neither the state superintendent nor county 
 examiner shall act as agent for any author, publisher or 
 bookseller, nor directly or indirectly receive any gift, emol- 
 ument, reward or promise of reward for his influence in rec- 
 ommending or procuring the use of any book, school appa- 
 ratus or furniture of any kind whatever, in any public school ; 
 and any school officer who shall violate the provisions of 
 this section shall be deemed guilty of a misdemeanor, and 
 subject to removal from office. Act December 7, i8j$ t sees. 
 *5-JO. 
 
 SEC. 6974. The state superintendent of public instruc- 
 tion shall have power to grant state certificates, which shall 
 be valid for life, unless revoked, to any person in the state 
 who shall pass a thorough examination in all those branches 
 required for granting county certificates; and, also, in alge- 
 bra and geometry, physics, rhetoric, mental philosophy, his- 
 tory, Latin, the constitutions of the United States and of the 
 state of Arkansas, natural history and theory and art of 
 teaching. 
 
 State license can not be granted without an examination. No provision is 
 made whereby a college diploma or the diploma of a normal school becomes the 
 equivalent for a state license. There is no legal method whereby a state license 
 may be secured save by an examination. These examinations are public and 
 conducted at the office of the state superintendent. 
 
 The law does not fix a minimum age nor require experience. But it was never 
 the intent of the legislature to put immature and inexperienced boys and girls in 
 charge of schools, much less give them a life license. In all other departments 
 
22 SCHOOL LAWS. 
 
 of the law, minors are called infants, and made subject to disabilities and to the 
 control of parents and guardians. Maturity of mind and srtength of character 
 are requisites for the successful determination and management of the important 
 questions arising in school life. Applicants for state license must be of legal 
 age and have a successful experience of at least twenty months in the school 
 room. The oral and written methods are combined in the examination. 
 The oral is adapted to disclose 
 
 1. Skill in expedients. 
 
 2. Aptness in illustration. 
 
 3. Manner of expression, etc. 
 The written is expected to show 
 
 1. Habits of thinking. 
 
 2. Modes of reasoning. 
 
 3. Discipline of the mind. 
 
 4. Accuracy. 
 
 5. Acquaintance with principles. 
 
 6. Availability of knowledge. 
 
 7. Knowledge itself. 
 
 SEC, 6975. He shall prepare, for the benefit of the com- 
 mon schools of the state, a list of such text books on or- 
 thography, reading in English, mental and written arithmetic, 
 penmanship, English grammar, modern geography and his- 
 tory of the United States as are best adapted to the wants of 
 the learner, and as have been prepared with reference to the 
 most philosophical methods of teaching those branches, and 
 shall recommend the said text-books to teachers and to di- 
 rectors throughout the state. 
 
 The following are deduced from an opinion of the attorney general : 
 
 1. That the list is to be determined by the state superintendent. 
 
 2. That the directors in adopting books are limited to the list. 
 
 3. That books not upon the list cannot be required in any school of the state 
 supported by public funds. 
 
 SEC. 6976. He shall procure and adopt a seal for his 
 office, and furnish an impression and description of said seal 
 to the secretary of state, to be preserved in his office. 
 
 SEC. 6977. A copy of any paper or document deposited 
 or filed in the office of the superintendent of public instruc- 
 tion shall, when authenticated by the said seal, be evidence 
 equal, to all intents and purposes, with the original. 
 
SCHOOL LAWS. 23 
 
 SEC. 6978. The said superintendent shall prepare appro- 
 priate forms for three several grades of certificates to be is- 
 sued to teachers by the county examiners. He shall pre- 
 pare suitable school registers, in which teachers, at the close 
 of the school term, are to make their reports to the trustees 
 of the name and age of each pupil, the date of each pupil's 
 entrance, the separate days on which each attended school, 
 the studies each pursued, the total attendance ; and shall 
 likewise prepare suitable forms for the reports of directors 
 and county examiners. Act December 7, /<?75, sees. 33-37. 
 
 This register must be kept by each public school teacher according to the forms 
 prescribed, before any charge can be made for services. 
 
 By a subsequent act the superintendent is required to furnish poll-books for 
 the school districts. 
 
 COUNTY NORMAL INSTITUTES. 
 
 Be it enacted by the General Assembly of the State of Arkansas: 
 SECTION i. That the state superintendent of public in- 
 struction is hereby Authorized and empowered to arrange 
 for the establishment of county normal institutes for the 
 white teachers of Arkansas, or for such white persons as 
 desire to become teachers in the public schools of this state, 
 being one for each county of the state, and such additional 
 ones for the colored teachers at such places as may be se- 
 lected by the superintendent. 
 
 SEC. 2. That said superintendent shall select a principal 
 for each normal institute, arrange a programme for its daily 
 work, and formulate such rules and regulations therefor as 
 shall best conduce to the interests of the institute and to 
 the faithful execution of this law. The course of study shall 
 comprise a thorough drill upon the principles of the common 
 school branches, history and constitution of Arkansas, and 
 such pedagogical instruction as shall fully develop the teach- 
 ers' professional, general, moral and social preparation for 
 work in the public schools ; special attention shall be given to 
 organization, arrangement of pupils, use of text-books, clas- 
 
24 SCHOOL LAWS. 
 
 sification, programmes, use of school devices and apparatus, 
 discipline, punishment and the purposes of punishment, also 
 upon the different methods of presenting the different sub- 
 jects to be taught in the schools, having more direct refer- 
 ence to the rural than to the town schools. 
 
 SEC. 3. Each of said schools shall last for a consecutive 
 term of twenty days each, of each year, at such time and 
 place as may be agreed upon by the state superintendent 
 and county examiner. Other pupils of suitable age and 
 advancement may be admitted to these institutes at the dis- 
 cretion of the state superintendent and county examiner. 
 
 SEC. 4. For the purpose of carrying this law into effect, 
 the sum of ten thousand dollars per annum for the next two 
 years, is hereby appropriated out of any moneys in the 
 treasury not otherwise appropriated ; Provided, That an 
 itemized bill shall be presented by each instructor employed 
 in these institutes, together with a certificate from the su- 
 perintendent of public instruction, to the auditor of state, 
 who shall thereupon draw his warrant for th same ; Pro- 
 vided, further, That no part of this appropriation shall be 
 used for any purpose other than the payment of instructors. 
 
 SEC. 5. This law shall take effect from and after its 
 passage. 
 
 Approved April 20, 1895. 
 
 Though this law does not repeal the district normal law, there is no provision 
 made for carrying it into effect, and it js now a useless statute. 
 
 SCHOOL DISTRICTS. 
 
 Be it enacted by the General Assembly of the State of Arkansas: 
 SECTION I. The county courts of this state shall have 
 power to dissolve any school district now established, or 
 which may hereafter be established in its county and at- 
 tach the territory thereof in whole or in part to an adjoining 
 district or districts, whenever a majority of the electors re- 
 siding in such district shall petition the court so to do. 
 
 SEC. 2. When such dissolution is proposed, notice shall 
 
SCHOOL LAWS. 25 
 
 be given by those proposing the same by posters in four 
 public places in the district. Said notices to be posted 
 thirty days before the meeting of the term of the court at 
 which such petition is proposed to be presented. 
 
 SEC. 3. Whenever, under this act, any district shall be 
 abolished, any indebtedness due by it, or funds on hand to 
 its credit shall be proportioned by the court among the dis- 
 tricts to which its territory has been attached, according to 
 the value of the territory each received, of which action of 
 dissolution and distribution of indebtedness or funds, as the 
 case may be, the clerk of the court shall give due notice to 
 directors of each district affected, showing the territory at- 
 tached to their district, and amount of indebtedness adjudged 
 against it, or funds credited to it, as the case may be. 
 
 SEC. 4. The directors of the district dissolved, upon re- 
 ceipt of notice of clerk, shall transmit, without delay, all of 
 the records of said district to the county examiner of the 
 county for preservation in his office. 
 
 SEC. 5. That section 6984 of Sandels & Hill's Digest be 
 and the same is hereby repealed. 
 
 SEC. 6. All laws in conflict ^herewith are hereby re- 
 pealed, and this act take effect and be in force from and 
 after its passage. 
 
 Approved April I, 1895. 
 
 SEC. 6985. When a change is proposed in any school dis- 
 trict notice shall be given by the parties proposing the 
 change, by putting up hand bills in four or more conspicu- 
 ous places in each district to be affected, one of said notices 
 to be placed on the public school building in each affected 
 district. All of said notices to be posted thirty days before 
 the convening of the court to which they propose to present 
 their petition ; said notices shall give a geographical descrip- 
 tion of the proposed change. Act April 8, 1891. 
 
 SEC. 6986. Each school district shall be a body corpor- 
 ate, by the name and style of "School District No. , of 
 
26 SCHOOL LAWS. 
 
 the county of ; " and by such name may contract and 
 
 be contracted with, sue and be sued, in any of the courts of 
 this state having competent jurisdiction (d). 
 
 SEC. 6987. Every district shall hold in tire corporate 
 name of the district the title of lands and other property 
 which may be acquired by said district for school district 
 purposes. Act December 7, 1875, sec. 55. 
 
 SEC. 6988. No new school district shall be formed hav- 
 ing less than thirty-five persons of scholastic age residing 
 within the territory included in such new district, and no 
 district now formed, shall by the formation of a new district 
 or transfer be reduced to less than thirty-five persons of 
 scholastic age. Act April 8, 1887, sec. 2. See sec. 7062. 
 
 SEC. 6989. The county court shall have the right to form 
 new school districts or change the boundaries thereof, upon 
 a petition of a majority of all the electors residing upon the 
 territory of the districts to be divided (e). 
 
 SEC. 6990. Such territory shall have the requisite num- 
 ber of children or property to comply with the now existing 
 law in such case. 
 
 SEC. 6991. In the formation of new school districts that 
 part of territory taken off from the old district or districts, 
 shall be held liable for a proportionate part of the indebted- 
 
 (d.) School districts are not liable for trespasses committed by their officers. 
 School District No. II v. Williams, 38-454. 
 See School District v. Bodenhamer, 43-140 ; School District v. Reeve* 
 
 56-68. 
 
 Mandamus can only be used after judgment against a school district to force 
 the payment of debt. 
 
 School District v. Bodenhamer, 43-140. 
 
 School property is not subject to the tax, and suit therefore, for local improve- 
 ments of a public nature. 
 
 Board v. School District, 56-354. 
 
 (e.] This section contemplates. a petition by a majority of the electors of all the 
 districts combined, and not a majority of the electors of each district separately. 
 Hudspeth v. Wallis, 54-134. 
 
SCHOOL LAWS. 2/ 
 
 ness of the former district or districts at the time of the mak- 
 ing of said new district. 
 
 SEC. 6992. In case there be a surplus fund on hand at 
 the time of the formation of said district, it shall be entitled 
 to a proportionate part of said fund, the same to be ascer- 
 tained and determined by the county court of the county in 
 which said new district may be created, as in the judgment 
 of said court may be considered right and proper. Act 
 April8 t 1887, sec. j. 
 
 APPORTIONMENT OF SCHOOL FUNDS. 
 
 SEC. 6993. The county court, immediately on receiving 
 notice of the distributive share of school revenue appor- 
 tioned by the state superintendent to each county, shall pro- 
 ceed to apportion to the several school districts of the coun- 
 ty, in proportion to the number of persons between the ages 
 of six and twenty-one years residing within the school dis- 
 tricts, respectively, on the first Monday of July previous, 
 the said school revenue apportioned to the county, and shall 
 forward to" the county treasurer, and to each of the directors 
 of each district, a statement of such apportionment, care- 
 fully distinguishing the sources from which the school reve- 
 nues so apportioned are derived, and the amount due each 
 school district in the county from each separate sou-rce, and 
 shall see that the revenues from the public school fund are 
 invariably paid to the county and to the school districts 
 strictly in accordance with the apportionment made to them 
 
 (/). 
 
 In the case of J. C. Merritt et a/., v. J. H. Merritt, County Judge, appealed 
 from Arkansas county, the supreme court, in May, 1891, held : 
 
 " It was the duty of appellant, as county judge, on receiving notice of the 
 amount apportioned to the county, to proceed to appropriate the same to the 
 several districts upon whose enumeration the superintendent made the appor- 
 
 (/.) Apportionment may be compelled by mandamus, and the parents of 
 children oj schlastic age are proper parties to petition therefor. 
 Mattox v. Neal, 45, 121 
 
28 SCHOOL LAWS. 
 
 tionment. The duty was absolute, and in its performance the county judge had 
 no discretion. There is no reason why a district should be kept out of its funds, 
 for any length of time, on account of county lines, and it is the duty of the county 
 judge to prevent it. If he fails to do his duty, its performance should be coerced." 
 This case clearly establishes the following principles : 
 
 1. The county judge must apportion common school funds upon the enumer- 
 ation of the apportionment as made by the superintendent and upon no other. 
 He has no right to change the enumeration and apportionment. He simply ap- 
 propriates to each district the amount apportioned by the state superintendent. 
 
 2. This must be done without delay and despite changes in county lines. 
 
 3. Duties are absolute and contain no element of discretion. This principle 
 applies to every school officer and teacher. 
 
 In view of this decision and in the change of time for making the state appor- 
 tionments, I suggest that the county judge hold an adjourned term during the 
 fourth week in August for the appropriation to districts of the funds apportioned 
 on the first Monday in August. 
 
 The poll-tax has been distributed heretofore in two ways : 
 
 1. The amount of the per capita tax collected in each district of the county 
 has been apportioned to the district in proportion to their educable children. 
 
 2. The whole amount collected in the county has been apportioned to the 
 district in proportion to their educabl'e children. 
 
 The latter is the proper method. The per capita tax is for the common 
 schools of the county and should be apportioned upon the basis of educable 
 children therein and not upon a narrow basis. 
 
 The following, as to the rights of the district over the funds after apportion- 
 ment, are deduced from an opinion of the attorney general : 
 
 1. That the funds derived from the state, and from the^r capita tax, and 
 from the tax voted by the district at the annual school meeting, after they reach 
 the county treasury and are apportioned by the county court to the school dis- 
 trict, become the absolute property of such district for the purpose of maintain- 
 ing public schools therein, subject to disbursement on the warrant of the board 
 
 of directors of a separate school district. 
 
 2. That in other than separate school districts, the school directors may apply 
 such fends to no other purpose than those directed by a majority of the electors 
 of the district at their annual school meeting. 
 
 3. That in other than separate school districts, the electors may, at their an- 
 nual meeting, fix a site for a school house, or raise money for building or pur- 
 chasing a school house ; Provided, The directors have given notice that these 
 matters were to be submitted for consideration and action, as* required by section 
 69 of the school law of December 7, 1875. 
 
 4. That it is within the power of the board of directors of separate school 
 districts to apply any part of the fund belonging to such district, which has not 
 been otherwise appropriated to the purpose of building and purchasing a school 
 
SCHOOL LAWS. 29 
 
 house irrespective of the source from which such fund came, but that such power 
 cannot be exercised by the directors of other school districts, unless they have 
 been authorized to do so by the electors of the district at an annual school 
 meeting. See 
 
 School Act of December 7, 1875. 
 
 Lee v. Trustees of School District No. 36. 
 
 New Jersey Equity Reports, 581. 
 
 Mansfield's Digest, chapter 135. 
 
 SEC. 6994. Whenever a new district shall have been 
 formed and organized, the court shall, at the next apportion- 
 ment made thereafter, apportion to the new district, school 
 revenues in proportion to the number of persons between 
 the ages of six and twenty-one years reported by the direc- 
 tors of the new district ; Provided always, The number of 
 persons between the ages of six and twenty-one years re- 
 ported in any year by the district directors of each county 
 shall be taken as the quota of that county, and the number 
 reported from each school district shall be taken as the 
 quota of that district, and that the only basis on which an 
 apportionment of the school revenue shall be made is to be 
 the number of persons so reported each year by the district 
 directors. Act December 7, i8j$, sees. 4.0, 4.1. 
 
 SEC. 6995. The county examiners of the several coun- 
 ties shall, annually, between the tenth and twentieth days 
 o-f September, transmit, verified by affidavit, to the county 
 clerks of their respective counties a written report, showing 
 the number of persons between the ages of six and twenty- 
 one years residing in each school district in their respective 
 counties, as shown by the reports of the district directors 
 made for the same year to the county examiners, as is now 
 required by law. 
 
 SEC. 6996. The county clerks shall, during the first terms 
 of their respective county courts held after the reception 
 of the reports provided for in the preceding section, lay 
 such reports before such county courts, to be used as a 
 guide in making the apportionment of the general school 
 fund to the various school districts. Act March 23, 1891.. 
 
3O SCHOOL LAWS. 
 
 SEC. 6997. Any county which, by a change of county 
 lines, or by the formation of a new county or counties, shall 
 fail to receive the school funds which justly should be ap- 
 portioned to it, from the fact of its school population being 
 reckoned with that of the county or counties to which the 
 said funds may be apportioned, shall be reimbursed for the 
 loss thus incurred. Said loss shall be corrected in the first 
 apportionment of the school revenue thereafter. Provided, 
 If such correction be not made in the first apportionment 
 thereafter, it may be made in the second (g}. 
 
 SEC. 6998. The amounts refunded according to the 
 provisions of section 6997 shall be deducted from the funds 
 apportioned to the counties which were the original re- 
 cipients of the erroneously apportioned revenues. 
 
 SEC. 6999. Upon the presentation of the certificate of 
 the superintendent of public instruction of the amount or 
 amounts due any county, by the provisions of this act, to 
 the auditor, he shall draw his warrant on the state treasurer 
 for said amount or amounts in favor of the treasurer of said 
 county for the benefit of the school fund and in compliance 
 with section 6997. Act March 6, i8jj. 
 
 COUNTY EXAMINERS. 
 
 SEC. 7000. The county court of each county shall, at the 
 first term thereof after each general election, appoint in each 
 county, not divided into two judicial districts, one county 
 examiner, and in each county divided into two judicial dis- 
 tricts may appoint one county examiner for each district, 
 such examiner to be of high moral character and scholastic 
 attainments. Act December 7, 7^75, sec. 42, as amended by 
 sec. 7, act March 20, 1883, and act March 7, 1893. 
 
 The county examiner is one of the most important officers of the schools. He 
 is the sentinel placed by law on the ramparts of the system. If he is capable, 
 honest and zealous the school system will grow stronger in each county. The 
 
 (g.} See Merritt v. School District, 54-468. 
 
 Mandamus will lie to compel apportionment as herein provided. Id. 
 
SCHOOL LAWS. 3! 
 
 law does not require mere moral character and mere scholastic attainment. It 
 demands : 
 
 1. High moral character. 
 
 2. High scholastic attainments. 
 
 No one should be appointed to this office under any circumstances who is ad- 
 dicted in the least degree to profanity, drunkenness, gambling, licentiousness or 
 any other demoralizing vice, or who does not believe in the existence of a Su- 
 preme Being. Teachers are not to be licensed if they have these vices, and what 
 is forbidden to the examinee is emphatically denied to the examiner. It is a safe 
 plan to require total abstinence in all these enumerated particulars. 
 
 As to scholastic ability the very best man in this respect should be obtained. 
 He who is to sit in judgment upon others should be a judge. An ignorant ex- 
 aminer is a disgrace to the judge who appointed him and a degradation to the 
 county. 
 
 1. The examiner must have the qualifications of an elector. He is an officer 
 of the state being a part of the executive department of the state. A woman 
 may not be appointed to this position. 
 
 In Elmore v. Overton, 104 2nd., 548, the learned judge held : 
 " The office of county superintendent belongs to the executive department of 
 the state, and the statute does not confer upon the incumbent either judicial or 
 quasi judicial power in the matter of licensing persons to teach in the common 
 schools." 
 
 2. Every applicant for the position of examiner who is a teacher should pre- 
 sent as evidences of his scholastic qualification either a license from the state su- 
 perintendent or a first grade license from a competent examiner. There is no 
 one to examine him except the state superintendent, and he can not license him- 
 self. Unless licensed by the state superintendent there is no way by which this 
 officer may obtain a license to teach. No second or third grade teacher can 
 measure up to the requirements of the statute which requires " high scholastic at- 
 tainment." 
 
 3. Every applicant who is not a teacher should be required to show his qual- 
 ifications by either a diploma from a first-class school or a license from some 
 first-class examiner. 
 
 4. No appointments of any kind should be made as a political reward or from 
 denominational considerations. No one should be appointed who cannot give 
 his time to the work. 
 
 The act passed March;, 1893, amends the preceding section in several im- 
 portant particulars. 
 
 SEC. 7001. Any appointments heretofore made by the 
 county courts for the districts of such counties as are men- 
 tioned in the preceding section in which an examiner has 
 
32 SCHOOL LAWS. 
 
 been appointed for each district are hereby declared to be 
 legal and valid appointments. Act March 20, 1883, sec. 2. 
 
 SEC. 7002. Before entering upon the duties of that office, 
 the county examiner shall take and subscribe the oath pre- 
 scribed for officers by the constitution of this state, and file 
 such oath in the office of the county clerk. Act March 7, 
 7*75, sec. 43. 
 
 SEC. 7003. All county examiners shall be required, be- 
 fore entering upon the duties of their offices, to stand the 
 same examination as is required of the teachers who receive 
 first grade licenses. 
 
 SEC. 7004. No one shall fill the offices of county exam- 
 iner and school director at the same time. 
 
 SEC. 7005. The clerk of the county court in each county 
 shall notify the superintendent of public instruction of the 
 appointment of the county examiner in his county immedi- 
 ately upon his appointment, together with his name and ad- 
 dress. 
 
 SEC. 7006. The superintendent of public instruction shall 
 either attend in person or appoint some one duly qualified 
 to examine such person appointed as county examiner, as to 
 his qualifications, using the same questions as are then being 
 used in the examination of teachers applying for first grade 
 license. 
 
 SEC. 7007. All county examiners shall be paid such 
 salary each year as may be fixed by the county judge of the 
 county for which he was appointed, out of the school fund 
 of such connty ; Provided, Such salary shall not be greater 
 than the amount received by the county treasurer from the 
 tax imposed in the following section. 
 
 SEC. 7008. No county examiner shall examine any one 
 applying to him for license as a teacher until he shall pre- 
 sent a receipt from the county treasurer for two dollars paid 
 by him to such treasurer to go to the credit of the county 
 school fund. Aet March 7, 1893, sees. 1-4. 
 
SCHOOL LAWS. 33 
 
 1. Every examiner appointed after March 7, 1893, must hold a license granted 
 by the state superintendent of public instruction. These licenses are of two 
 kinds, the regular state license and the examiners' license. This last instrument 
 is based upon an examination equivalent to that upon which a first grade certifi- 
 cate is based, and is good for two years. 
 
 2. The office of examiner and school directors are made incompatible. 
 
 3. The examiner's fee must be paid to the county treasurer and not to the 
 examiner. He should refuse to accept the fee at any time other than on the regu- 
 lar examination days, the third Thursday and Friday in June, September, De- 
 cember and March. The irregular days and times adopted by examiners in de- 
 fiance of law and of the agreement of examiners is working great evil to the 
 system. Some examiners set their days for public examinations a short time 
 before the regular examination days and advertise it. Teachers from surround- 
 ing counties travel to the early examination, secure the questions and then take 
 the regular examination in their home counties. This is wrong. The examiner 
 has no light to change the dates of the examination. The duty is a public one 
 and there are mutual duties and responsibilities. Each examiner owes his 
 neighbor good faith and he is derelict when he subjects their honest labor to 
 violence. County treasurers should refuse to be parties to the wrong. If the 
 applicant comes at an irregular time, he should present a statement from the 
 examiner that the examination is a private one and that the applicant has a law- 
 ful excuse for non-attendance upon the pmblic examination. 
 
 3. The intention of the statute was to fix the salary of the examiner at an 
 amount equal to the amount paid in by the applicants for certificates, less the 
 treasurers' commissions. It was never intended to reduce the miserable pittance 
 already paid these officers beyond this commission. 
 
 4. This law does not repeal the law passed March 3, 1887, sec. 7025 of the 
 digest, and which authorizes the county court to make an allowance to the ex- 
 aminer for express charges, postage, etc. This amount is twenty-five dollars and 
 is an expense account, and no part of the salary. This amount, twenty-five dol- 
 lars, is exclusive of the ten dollars allowed by the same act for making a report 
 to the State Superintendent. By any fair construction the act authorized not 
 only an amount for postage, etc., but an additional amount for the report. The 
 first could not exceed twenty-five dollars, but was not connected with the latter 
 allowance. 
 
 Any fee greater than two dollars is illegal. This fee is the same for either 
 public or private examination and is to be paid for the examination and not for 
 the certificate. It should be paid before the examination begins to the county 
 treasurer and a receipt taken. 
 
 The examniation must be quarterly and public. The dates fixed for these 
 quarterly examinations are the third Thursday and Friday of March June, Sep- 
 tember and December. The written questions are furnished by the state super- 
 intendent and are uniform throughout the state. The regulations as to grading 
 S 3 
 
34 SCHOOL LAWS. 
 
 of certificates are furnished to each examiner with the questions. He is posi- 
 tively forbidden to grant certificates without examination, or upon a partial exam- 
 ination, or to any one who does not reach the standards adopted by the law. 
 The examination should be held at the school house and never in a court house. 
 The county court should arrange for the regular use of a room in the school 
 building. 
 
 The examiner must attend these examinations in person. He must examine 
 upon all the branches. He can only examine at the time and place appointed. 
 He must convince himself by evidence if the applicants are not known to him 
 that they are of good moral character. He must exclude every person who is 
 given to profanity, drunkenness, gambling, licentiousness or other demoralizing 
 vices. Such vices may be a refusal to obey the law as to institute work or regu- 
 lar examination work. A positive refusal upon the part of an applicant or one 
 holding a license to obey the school law should exclude him or take from him 
 his license. Obedience to law is the first mark of a true teacher, and no one 
 may claim privileges under it who refuses to obey it. He should ascertain by 
 direct question the belief of every person as to the Supreme Being. The words 
 " who is given to," mean either "habitual" or " habitual when opportunity af- 
 fords." It requires no nice distinction to avoid extremes at this juncture. If the 
 applicant is given to these things so as to raise a question of doubt in the mind 
 of the examiner, the applicant should be excluded. The doubt must be resolved 
 in favor of the schools and not in favor of the applicants. He must show a 
 positive moral character, one emphatically marked by the absence of these vices 
 and cannot rely upon the ordinary presumptions of innocence. He musst show 
 himself clear or be excluded from the state's schools. 
 
 He must ascertain from the examination of each applicant under the regula- 
 tions of the superintendent of public instruction not only scholarship, but com- 
 petency to teach. And not only a bare competence, but a competence to teach 
 successfully. And if the examiner is not qualified to pass upon s question he 
 should resign his office. 'Every certificate granted to one who is unworthy, either 
 mentally or morally, to receive it, is not only violation of law, but is a direct 
 blow at the heart of our common schools. Such a certificate is an official license, 
 not to elevate and bins?, but to injure and degrade, and it may be to contaminate 
 and curse the school i and the community. Good schools can not be taught by 
 incompetent teachers ; the moral atmosphere of the schools can not be kept pure 
 by profane and irreverent teachers. A poor school may be a great deal worse 
 than no school, and the state desires good teachers or none. There is no provis- 
 ion made in the economy of the school system for the absolutely incompetent 
 teacher. Examiners should strike down smatterers and pretenders whenever 
 they present themselves, no matter what may be their position in society or stand- 
 ing among men. They should strive to show directors and patrons that these 
 poor teachers : 
 
 I. Plant habits of study which are hard to eradicate. 
 
SCHOOL LAWS. 35 
 
 2. Inculcate carelessness and inattention, two fundamental educational sins. 
 
 3. Plant false ideas of facts and principles. 
 
 The examiner should carefully study the standard adopted by the state super- 
 intendent and conform thereto. This in conjunction with the one adopted by 
 the examiner should form an invariable ru?e of practice in the issuance of 
 certificates. 
 
 The state superintendent furnishes the written questions, but the examiner 
 should supplement these by oral questions. 
 
 The oral method discloses : 
 
 (a.) Methods of teaching. 
 
 (b.) Skill and expedients. 
 
 (c.) Aptness in illustration. 
 
 (d.) Rapidity of thought. 
 
 The written plan shows : 
 
 (a.) Habits of thinking. 
 
 (b ) Modes of reasoning. 
 
 (c.) Proofs of discipline. 
 
 (d.) Accuracy. 
 
 (e.) Acquaintance of principles. 
 
 (f.) Availability of knowledge. 
 
 The time to be given to each branch is suggested upon each examination 
 sheet. 
 
 RE-EXAMINATIONS. Every examiner is required to cite for re-examination any 
 person under contract to teach who does not sustain a good moral character, or 
 who has not sufficient learning or ability to make him a competent teacher. He 
 may ascertain the incompetency to teach by other means than re-examination. 
 He may visit the schools, he may hear the directors or he may hear the parties. 
 In all such cases, he must deal fairly, but if he is fully satisfied, he must revoke 
 the license. 
 
 The statute permits a revocation for other than " immoral character " and 
 "mental incompetency." The words of the statute are " for these and other 
 adequate causes." The other adequate causes are numerous : 
 
 (a.) Refusal to conform to the law of the regulations of the state superin- 
 tendent. 
 
 (b.) Refusal to conform to the regulations of directors or of the county 
 examiner. 
 
 (c.) Refusal to obey the law as to institutes or examinations. 
 
 In all cases of this kind the teacher should have due notice and a fair hearing. 
 
 SEC. 7009. It shall be the duty of such examiner to ex- 
 amine and license teachers of common schools. He shall 
 hold, qu?rterly, at the county seat of each county, in a suita- 
 ble room to be provided by the'county court, a public ex- 
 
36 SCHOOL LAWS. 
 
 amination for that purpose, and shall, previous to holding 
 such examination, give at least twenty days' notice thereof 
 to the directors of each school district within the county, 
 whose duty it shall be to file the original notice in their 
 office, and post, without delay, copies of said notice in three 
 or more of the most conspicuous places within their district. 
 He shall conduct all examinations by written and oral ques- 
 tions and answers, but shall grant no certificates of qualifi- 
 cations except in accordance with the provisions of law 
 respecting teachers' certificates. Act December 7, /#75, sec. 
 4.4., as amended by act March 7, 1893, sec. j. See sec. 6956. 
 
 SEC. 7010. He shall at the time and places appointed 
 for holding public examinations, examine in orthography, 
 reading, penmanship, mental and written arithmetic, English 
 grammar, modern geography, history of the United States, 
 and in the theory and practice of teaching, and physiology 
 and hygiene. 
 
 SEC. 7011. All persons present and applying for an ex- 
 amination, with the intention of teaching, the examiner, if 
 convinced that such persons are of good moral character 
 and are competent to teach successfully the foregoing 
 branches, shall give such persons certificates, ranking in 
 grades to correspond with the relative qualifications of the 
 applicants, according to the standard adopted. 
 
 SEC. 7012. He shall not license any person to teach who 
 is given to profanity, drunkenness, gambling, licentiousness 
 or other demoralizing vices, or who does not believe in the 
 existence of a Supreme Being ; or shall he be required to 
 grant private examinations. 
 
 SEC. 7013. He may cite to re-examme any person hold- 
 ing a license and under contract to teach any free school 
 within his county, and on being satisfied by a re-examina- 
 tion, or by other means, that such person does not sustain 
 a good moral character, or that he has not sufficient learn- 
 ing and ability to render him a competent teacher, he may, 
 
SCHOOL LAWS. 37 
 
 for these and other adequate causes, revoke the license of 
 such person. 
 
 SEC. 7014. In case of such revocation, he shall im- 
 mediately give notice thereof to such teacher and the direc- 
 tors, and thereby terminate the contract between the said 
 parties, but the wages of such teacher shall be paid for the 
 time he shall have actually taught prior to the day on which 
 he received notice of the revocation of his license (k). Act 
 April /^, 1893. 
 
 SEC. 7015. In addition to the branches now prescribed 
 by law to be taught in the common schools of the state, it is 
 made the duty of the county examiners of the several coun- 
 ties of this state to examine all persons applying for exami- 
 nation and license to teach in such schools as to their knowl- 
 edge and proficiency in the method of designating and read- 
 ing the survey of the lands of this state by ranges, townships 
 and sections, and parts of sections, as surveyed, platted and 
 designated by the government of the United States, and no 
 such applicant shall be authorized or licensed to teach in any 
 such school unless found upon such examination proficient 
 in the method of designating and reading land surveys, as 
 in this act provided. 
 
 SEC. 7016. It is made the duty and especially imposed 
 upon all persons teaching in the public schools, to teach and 
 impart the instructions here provided for, whenever practi- 
 cable to do so, and a wilful neglect or failure to discharge 
 the duties by this act imposed, shall be deemed sufficient 
 cause for the revocation of license to teach. Act February 
 16, 1893. 
 
 SEC. 7017. He shall issue three grades of certificates, to 
 be styled respectively, certificates of the first, and of the 
 second and of the third grades. Certificates of the first 
 
 (h.} The power given the examiner to revoke license under these sections is 
 not exclusive of the right of board of directors to terminate a contract for gross 
 immorality and incompetency. School District v. Maury, 53-471. 
 
3 SCHOOL LAWS. 
 
 grade shall be valid in the county for which they were 
 issued, for two years. Those of the second grade shall be 
 valid in the county for which they were issued, for one 
 year. Those of the third grade shall be valid in the county, 
 six months. But he shall not renew any certificate or grant 
 a license without an examination of the applicant with 
 reference thereto. 
 
 No 'certificate can be granted or renewed without a re examination. The ex- 
 amination is a personal one. The special trust is reposed in the abilities, judg- 
 ment, skill and learning of the examiner, and as a consequence, the services 
 must be personal. It is a violation of law for an examiner to adopt as his own 
 an examination held by another ; it is also unlawful to grant a certificate or 
 renew a license without an examination, no matter what recommendations or 
 testimonials the applicant presents. Every certificate issued by the examiner 
 should show upon its face the degree of qualification possessed by the applicant 
 in e.ach of the branches named in the law. Blanks are issued by the state su- 
 perintendent in conformity to law, and these should be tollowed by each examin- 
 ing officer. Certificates issued in blank should be carefully avoided. 
 
 PRIVATE EXAMINATIONS. 
 
 The examiner is not required to grant a private examination. A private ex- 
 amination is one held at other than the regular quarterly dates. A private ex- 
 amination does not mean one less difficult or less comprehensive than the public 
 examination. Its character is exactly like the public examination in every par- 
 ticular, save that it is held at an irregular time. Every regulation and require- 
 ment which attaches to the stated public examination attaches to every private 
 examination, and it is an open violation of law to conduct them on any basis 
 other than this. Private examinations are not occasions tor the examiner to do 
 in a corner what he cannot do publicly. Examiners should never grant a private 
 examination unless under a pressing public necessity certified to by the board of 
 directors whose interests are affected. 
 
 SEC, 7018. He shall keep a record of the age, name, 
 sex, post-office address and nativity of each person licensed 
 by him to teach, and of the date and grade of his certifi- 
 cate, and shall include such record in his report to the state 
 superintendent. 
 
 This record has been furnished to each examiner of the state, but the report 
 to the superintendent has not been complied with. 
 
 SEC. 7019. He shall encourage the inhabitants to form 
 and organize school districts, to establish public schools 
 
SCHOOL LAWS. 39 
 
 therein, under qualified teachers, to. furnish suitable text- 
 books for their children and to send them to school. He 
 shall direct the attention of teachers and school patrons to 
 those methods of instruction that will best promote mental 
 and moral culture, and to the most feasible and improved 
 plan for building and ventilating school houses. He shall 
 labor to create among the people an interest in public 
 schools, and shall take advantage of public occasions, such 
 as the dedication of school houses, public examinations and 
 institutes, to impress people with the importance of educat- 
 ing every child, and consequently of the duty of maintain- 
 ing a system of free schools established by law. He.shall 
 receive the reports of the directors, transmit an abstract of 
 the same to the state superintendent, and transmit there- 
 with a report of the condition and prospects of the schools 
 under his superintendence, together with such other infor- 
 mation and suggestions as he may deem proper to com- 
 municate. 
 
 The best place for the performance of the chief part of these duties is at the 
 county institute. No man who can not or will not do the things required by this 
 section- should accept the office of examiner. 
 
 The interests of education in each county would be largely advanced if ex- 
 aminers took advantage of all public occasions to do their duty. The whole 
 duty of an examiner is not to mark examination papers and draw the fees there- 
 for. Neither are these duties to be separated from the duties of examination 
 and classed as " requirements without compensation." The whole duties of the 
 office must be taken together and the total fees collected are to be considered as 
 full payment for the full performance of all duties. The negligence of examiners 
 to do any one of the public acts required by this section, or to properly abstract 
 the reports of the directors should work removal from office at once. In many 
 cases the blame for deficient examiners' reports is cast upon the directors when 
 the truth is that the examiners are too negligent or too lazy to do the work. 
 
 Political or religious considerations should not bias an examiner in granting 
 certificates. If he cannot be thoroughly impartial he is not the man for the 
 office. 
 
 The department of education looks with disfavor on private normals, held by 
 county examiners to coach teachers for quarterly examinations. He should be 
 absolutely disinterested in every particular, except as to merits and qualification. 
 
4O SCHOOL LAWS. 
 
 SEC. 7020. He shall, annually, on or before the twen- 
 tieth of September, prepare in tabular form an abstract of the 
 reports made to him by the directors of the school districts 
 embraced within his county, showing the number of organized 
 districts in his county at the commencement of the year, on 
 the first day of July preceding, the districts that have made 
 their annual reports, the number of persons in each district 
 between the ages of six and twenty-one years, distinguish- 
 ing the sex and also the color of said persons ; the num- 
 ber of said persons that attended school during the year; 
 the average number of males and females of each color in 
 daily attendance ; and the number that pursued each of the 
 studies designated to be taught in the common schools ; the 
 number of teachers of each sex employed in his county ; 
 the average wages paid per month to the teachers of each 
 sex, according to the grade of their certificate ; the whole 
 amount paid as teachers' wages in his county ; the number 
 of pupils that studied in his county, and the several branches 
 taught; the number of school houses erected during the 
 year in his county, material and cost of the same ; the number 
 before erected, the material used in their construction, their 
 condition and value ; the grounds of how many inclosed ; 
 the amount of money raised by tax in each district, for 
 what purpose raised; the amounts that have been expended, 
 and for what purpose ; the amount of revenue received by 
 his county from the common school fund, and received for 
 the support of schools from each of all other sources; for 
 what purposes and in what sums the said revenues were ex- 
 pended, and what amounts unexpended were, at the close 
 of the school year, in the county treasury ; and shall report 
 also the number of deaf-mutes, blind and insane in each 
 school district in his county, under thirty years of age, their 
 names and their post-office. 
 
 SEC. 7021. He shall number the several school districts 
 in his county in regular order from number one upward, and 
 
SCHOOL LAWS. 41 
 
 shall keep in his office a record and description of each dis- 
 trict, with the boundaries clearly defined, and also a record 
 of such changes or alterations in the boundaries of each as 
 shall from time to time be made. 
 
 SEC. 7022. He shall have power to appoint some suita- 
 ble person to hold teachers' institutes and examine teachers 
 in his county in case of his inability to attend such institutes 
 and examinations. Act December 7, 1875, sees. 45-52. 
 
 SEC. 7023. If any county examiner shall be found in- 
 competent, or shall be frequently neglectful of his duty, 
 upon satisfactory proof, the county judge shall remove him 
 from office and shall immediately appoint his successor. 
 Act Match ii, 1881, sec. 7. 
 
 SEC. 7024. If any county examiner shall neglect, fail or 
 refuse to perform any of the duties required of him in sec- 
 tion 7020, and shall not forward the abstract mentioned in 
 said section to the superintendent of public instruction on or 
 before the twentieth day of September of each year, he 
 shall forfeit to the county the sum of twenty-five dollars, to 
 be recovered as in this act provided, together with all cost, 
 and be paid into the county treasury. Act of March //, 
 1881, sec. n. 
 
 SEC. 7025. Each county examiner shall make out and 
 present to the county court of his county, at its first term 
 after the thirtieth of June in each year, an account for ex- 
 penditures for postage, county district records, or a school 
 district map of the districts of his county, and of freight 
 or express charges for the transmission of blanks or such 
 other expenditures as he may have actually and unavoida- 
 bly incurred, and the county court may allow the same in any 
 sum not exceeding twenty-five dollars in any one year, in- 
 cluding ten dollars for his report to the superintendent of 
 public instruction. 
 
 SEC. 7026. When the county court shall have allowed 
 the account of the county examiner as provided in the pre- 
 
42 SCHOOL LAWS. 
 
 ceding section, the county clerk shall issue a warrant upon 
 the treasurer for said claim, and upon presentation of 
 said warrant to the county treasurer, he shall pay the 
 same out of the common school funds in his hands belong- 
 ing to the county and not yet apportioned to the several 
 school districts. Act March 2, i88j, sees. 2, j. 
 
 DECISIONS. 
 
 It has been held that a county superintendent is not entitled to an injunction 
 to restrain one from teaching on the ground that he is teaching without a certifi- 
 cate of qualifications. 
 
 Perkins v. Wolf et al., 1 7 Iowa, 228. 
 
 When a statute vests a discretionary power in a county superintendent in 
 granting licenses to teach, the judgment of the court will not be substituted for 
 that of the officer, and mandamus will not lie to compel him to issue a license, 
 but where he wholly fails to act on an application he may be compelled by man- 
 damus to take action thereon. 
 
 JSailey v. war(, Northwestern Reporter vol. 2, JV. S. vol. 2, page 
 
 1009. 
 
 High's Extraordinary Legal Remedies, sees. 24, 34, 43. 
 Love v. Moore, 45 ///., 12. 
 
 ANNUAL SCHOOL MEETING. 
 
 SEC. 7027. The electors of each organized school dis- 
 trict in this state shall annually, on the third Saturday in 
 May, at 2 o'clock p. m., hold a public meeting, to be desig- 
 nated " The annual school meeting of the district." Act 
 December 7, i8j$, sec. 54., as amended by act March //, 1881. 
 
 SEC. 7028. All persons qualified to vote for county and 
 state officers at the general election shall be deemed quali- 
 fied electors of the school district in which they reside, and 
 shall have the privilege of voting at all school meetings. * 
 
 SEC. 7029. The electors of every school district shall, 
 when lawfully assembled in annual district school meeting, 
 with not less than five electors present, have the power, by a 
 majority of the votes cast at such meeting : First, to choose 
 
 *This section (7028) declares who are electors in a school meeting. Since a 
 poll-tax receipt is necessary before voting for county and state officers, it will be 
 necessary before voting in a school election. 
 
SCHOOL LAWS. 43 
 
 a chairman ; second, to adjourn from time to time; third, to 
 appoint, when necessary, in the absence of the directors of 
 the district, a clerk pro tern.; fourth, to elect a director for 
 the district for the next three school years, who can read 
 and write ; fifth, to designate a site for a school house ; 
 sixth, to determine the length of time during which a school 
 shall be taught more than three months in a year; seventh, 
 to determine what amount of money shall be raised by tax 
 on the taxable property of the district, sufficient, with the 
 public school revenues apportioned to the district, to defray 
 the expenses of a school for three months, or for any greater 
 length of time they may decide to have a school taught 
 during the year; Provided, No tax for purposes aforesaid 
 greater than one-half of one per cent, on the assessed value 
 of the taxable property of the district shall be levied ; And 
 provided, further. They may, if sufficient revenue cannot be 
 raised to sustain a school for three months in any one year, 
 determine by ballot that no school shall be taught during 
 such year, in which case the revenue belonging to such dis- 
 trict shall remain in the treasury to the credit of such school 
 district; eighth, to repeal or modify their proceedings from 
 time to time (/). 
 
 The powers of the electors as enumerated herein when legally exercised are 
 final, and absolutely determine the matters named in the enumeration. Rut 
 should the electors presume to act upon other matters not herein enumerated their 
 action would be advisory and not mandatory. For instance ; should the electors 
 vote upon the teacher to be employed, or the time when the school should begin, 
 or the wages to be paid the teacher, their action would not preclude the directors 
 from acting differently. All such matters are given into the hands of the direct- 
 ors, and while the electors may advise they may not direct upon any matter not 
 enumerated in the law. 
 
 The enumerated powers of the electors are : 
 
 I. To choose a chairman. Failure to choose a chairman does not invalidate 
 the election by ballot held by judges and clerks under the law. 
 
 ('.) Directors have no power to build a school house with funds of the district 
 unless authorized to do so at the annual school meeting, and a contract made for 
 such purpose under authority conferred by a special meeting held in June, is 
 void. Fluty v. School District, 49-94. 
 
44 SCHOOL LAWS. 
 
 2. To adjourn from time to time. If there is any business that cannot be at- 
 tended to at the annual school meeting an adjourned meeting or meetings should 
 be provided for at the annual meeting. Otherwise it must wait the next regular 
 annual meeting. 
 
 3. To appoint a clerk. 
 
 4. To elect a director for the district for the next three school years who can 
 read and write. Electors have no more right to elect a director who cannot 
 read and write than they have to elect a director who lives in another state or 
 who is not an elector; and such an election confers no right to hold the office. 
 Section 74 authorizes the electors to elect a director to fill vacancies, and this 
 should be done at the same time that the director is chosen who is to serve three 
 years. To distinguish between the director who is to serve three years and the 
 one who is to fill the vacancy the tickets in such cases should indicate in addition 
 to the men's names the length of term for which the director is to serve. The 
 words "regular term," " two years,'' and " one year," are a sufficient marking. 
 The elector has the right not only to vote for any eligible person for director, but 
 in cases where vacancies are to be filled 'to vote for the man and the place he is 
 to fill or the :ime he is to serve.. Votes cast for the same person but for different 
 times must be counted separately. 
 
 5. To designate a site for a school house. This action may be taken at the 
 annual meeting, or at an adjourned meeting of the annual meeting. No special 
 meeting may be called to do this or any other act enumerated in the section ex- 
 cept the election of a director to fill a vacancy. Before the site may be lawfully 
 designated at such annual meeting the notice required by section 7053 must have 
 been given. 
 
 6. To determine the length of time during which a school shall be taught 
 more than three months in a year. This has given rise to some confusion of 
 thought and action. Electors seem to think that unless they have voted affirm- 
 atively for an extended term that three months is the limit of the school term. 
 This is not the case. The object for which taxes are levied is to maintain schools. 
 This is affirmed in both constitution and law. Now, if the money apportioned 
 to the district from the state and from the per capita tax is sufficient to maintain 
 a school for more than three months it is the duty of the directors, without any 
 affirmative action on the part of the electors, to maintain the school. The whole 
 object of the statute was to prevent directors from incurring debt, and to permit 
 the electors to provide money by local tax for an extended term, provided such 
 tax were needed. And if the electors, without specifically voting for an extended 
 term, vote such a local tax upon themselves as will maintain an extended term, it 
 is tantamount to saying they voted to extend the school. It cannot be argued 
 that men will levy a tax upon themselves to remain idle in the treasury. Direct- 
 ors may lawfully maintain a school to the limit of the funds on hand or that will 
 be on hand by operation of law during the year. They cannot go beyond this. 
 Directors are required to maintain a school for three months at least, and if the 
 
SCHOOL LAWS. 45 
 
 funds are not sufficient to defray all expenses of such school a lesser term may not 
 be contracted for unless the electors have either failed to vote by ballot that no 
 school shall be taught that year, or have voted down the proposition of no school. 
 In such cases the only alternative for the directors is to maintain the school for 
 the longest time consistent with the means on hand. Where directors have 
 money sufficient to maintain a three months' school any shorter term is unlawful. 
 No term of school of three months should be divided. It should go on continu- 
 ously to the end. 
 
 7. To determine what amjunt of money shall be raised by taxation to defray 
 the expenses of a school for three months or for any greater length of time. If 
 this amount is not determined by the viva voce vote of the electors in the annual 
 meeting, but a local tax is levied nevertheless by ballot at the election following 
 the mass meeting, the local tax must be taken as the determination of this ques- 
 tion, and the directors are thereby authorized to maintain the school for three 
 months or for such longer term as the tax levied will justify. If the tax levied 
 is specifically devoted to building, repairs, or any other object, it may not be ap- 
 propriated to the payment of teachers' salaries. 
 
 8. To repeal and modify their proceedings. The annual meeting, or mass 
 meeting, of the electors should be attended by all the electors. The account of 
 the directors should be investigated by committee or by the whole body ; ques- 
 tions affecting the interest of the district should be discussed calmly and dispas- 
 sionately; the good of the school should govern every citizen who attends the 
 meeting. After the mass meeting the -election should begin by ballot and pro- 
 ceed regularly under the law. Good sense, good order and patriotism should 
 characterize every mass meeting of citizens. 
 
 Besides these powers, the electors are authorized by section 7042, to direct the 
 sale or exchange of the site or school house ; and by section 7065, to direct the 
 use of the school house with reference to private schools ; and by section 7050 
 to direct the proceedings in all actions and suits at law brought for or against the 
 district, if they elect to do so. 
 
 DECISIONS. 
 
 Where a meeting of a school district is held for a special purpose, all that is 
 necessary in the form of the notice is that it should be so expressed as that the 
 inhabitants of the district may fairly understand the purpose for which they are 
 convened. 
 
 School District v. Blakeslee, 13 Conn., 227. 
 Weeks v. Batchelder, 41 Vt., 317. 
 Moore v. Beattie, 33 Vt., 219. 
 Bart left v. Kinsley, 15 Conn., 227. 
 Reasonable time for opening meeting after convening. 
 
 School District v. Blakeslec, 13 Conn., 227. 
 
 Money for school purposes may be voted at an adjourned meeting in New 
 Jersey. 
 
46 SCHOOL LAWS. 
 
 State v. Lewis, 35 N. J. L., .377. 
 
 Where it appears that a site for a school house has been chosen, it will not be 
 invalidated because the clerk has made irregularittes or omissions in describing 
 the site selected. 
 
 Merritt v. Farris, 22 ///., 303. 
 
 Record of the school meeting, how attacked and the presumptions of law flow- 
 ing from it. 
 
 School District v. Blakeslee, 13 Conn., 227. 
 Bartlett v. Kinsley, 15 Conn., 327. 
 School District v. Atherton, 12 Met. (Mass.), 105. 
 As to posting of notices. 
 
 Fletcher v. Lincolnville, 20 Me., 439 
 
 SEC. 7030. Tne annual district election shall be held by 
 the school directors as judges, who shall have power to ap- 
 point two clerks; and if any of the directors should not at- 
 tend, the assembled voters may choose judges in the place 
 of those not attending, and the judges and clerks shall take, 
 the oath prescribed by the general election law. 
 
 SEC. 7031. The ballot of the voter shall, in addition to 
 the names of the persons voted for as directors, have written 
 or printed on it the words " for tax," or " against tax," and 
 also the amount of tax the voter desires levied. 
 
 SEC. 7032. When the polls are closed (/) the judges 
 shall proceed to count the votes, ascertain the result and 
 make return thereof to the county court, showing the num- 
 ber of votes cast for each person voted for for school direc- 
 tor, also the number cast for and against tax, and the num- 
 ber of votes cast for each amount or rate of tax voted for (k) ; 
 such return, together with the ballots, shall be sealed up and 
 delivered by one of the judges to the county clerk, at least 
 
 (/.) As to time for opening and closing the polls, see Holland v. Davies, 
 36-446. 
 
 (k.} Unless the judges make return of the election or vote to the county court, 
 it can not levy the tax. Hodgkin v. Fry, 33-716. The omission of the judges 
 to state in their return the number of votes cast for and against the proposed tax 
 will not defeat a levy adopted by the meeting. Holland v. Davies, 36-446 ; 
 Staley v. Leomans, 53-428. As to other irregularities, see Holland v. Davies t 
 supra, and Rogers v. Kerr, 42-100. 
 
SCHOOL LAWS. 47 
 
 ten days before the meeting of the county court for levying 
 taxes. 
 
 SEC. 7033. The county court, at its said meeting for 
 levying taxes, shall open the return and ascertain whether a 
 majority of the votes cast be for tax ; and if a tax has been 
 voted, then the court shall determine the amount of taxes 
 voted by taking the largest amount or rate of taxation voted 
 for by a majorit)' of the voters, which shall be levied and 
 collected by the district so voting; and if no rate shall have 
 received such majority, then all the votes cast for the highest 
 rate shall be counted for the next highest, and so on, till 
 some rate voted shall receive a majority of all the votes 
 cast. Act December 7, 1875, sees. 55 and 56, as amended by 
 act April 10, 1893, sec. 4.. 
 
 SEC. 7034. All taxes voted for school purposes by any 
 sciiool district shall be levied by the county court at the 
 same time the county taxes are levied, and shall be collected 
 in the same manner as the county taxes are collected, at 
 the same time and by the same person, and be paid into the 
 county treasury, there to be kept subject to disbursement on 
 the warrant of the school directors ; Provided, No tax for 
 the purposes aforesaid greater than one-half of one per 
 cent, on the assessed value of the taxable property of the 
 district shall be levied, which shall be done by ballot (/). 
 Act December 7, /#75, sec. 4.1. 
 
 SCHOOL DIRECTORS. 
 
 SEC. 7035. At the annual school meeting, held on the 
 third Saturday in May, there shall be elected, by the legal 
 voters in each school district, a director, who shall hold his 
 office for the term of three years, and until his successor 
 
 (/.) The county court has no power to levy a school tax independent of action 
 on the part of the electors of each school district for which the tax is levied ; it 
 can only cause to be placed on the tax-books and collected such rates as are re- 
 ported from the districts. An excessive levy vitiates the whole tax. Worthen v. 
 Badgett, 32-496. See Ry. v. Parks, Ib., 131 ; Rogers v. Kerr, 42-100. 
 
48 SCHOOL LAWS. 
 
 shall have been elected and h^ve qualified. Provided, At the 
 first annual school meeting of the district after the passage 
 of this act, three school directors shall be elected, to hold 
 office one, two and three years, respectively ; Provided, 
 further. When a new school district shall have been formed 
 under the provisions of this act, three directors shall be im- 
 mediately elected by the electors of the new district, and 
 shall hold their office for one, two and three years, respec- 
 tively, and until their successors are elected and qualified as 
 herein provided for. Act December 7, //5, sec. 57, as 
 amended by act March n, 1881, sec. 2, and act January 30, 
 1889. 
 
 SEC. 7036. The judges of any school election of this state 
 for school directors shall within five days after said election 
 gi/e to the said elected director a certificate of his election, 
 who shall within ten days thereafter take the oath of office 
 prescribed for directors, and file the same, together with his 
 certificate of election, with the county clerk of his county, 
 and enter at once upon the duties of his office (m). Act 
 January 30, i8$g. 
 
 SEC. 7037. An old director shall, upon application of an 
 incoming director, administer to him the oath of office. 
 Act March //, 1881, sec. 5. 
 
 SEC. 7038. Any person who shall have been elected or 
 appointed a director, and shall neglect or refuse to qualify 
 and serve as such, shall forfeit to his district the sum of ten 
 dollar?, which may be recovered by action against him at the 
 instance of any elector in the district, and which, when col- 
 lected, shall be paid into the county treasury by the officer 
 before whom the action was maintained, and added, by the 
 treasurer, to the school fund revenues appropriated to the 
 district. 
 
 (/.) For decision under this section before amended to read as now, see 
 Schwl District v. Bennett, 52-511. It is not sufficient to take the oath orally. 
 School District v. Bennett, 52-428. 
 
SCHOOL LAWS. 49 
 
 SEC. 7039. Any director who shall neglect or fail to per- 
 form any duties of his office shall forfeit to his district the 
 sum of twenty-five dollars, to be recovered as directed in the 
 preceding section, and to add in like manner to the school 
 fund revenues apportioned to his district. 
 
 This section gives a penalty for a violation of any duty enjoined upon the di- 
 rectors, and may be recovered at the instance of any elector. 
 
 SEC. 7040. If the office of any director in a district be- 
 comes vacant, the electors of said district shall, in a district 
 meeting assembled, within fifteen days after the occurrence 
 of such vacancy, elect a director to serve the remainder of 
 the unexpired term ; but if ttye district in which such va- 
 cancy occurs neglects or fail to elect a director to fill such 
 vacancy, then the county court shall appoint from the elec- 
 tors of said district a director to serve the remainder of the 
 term. 
 
 From section 7036 it is plain that the last day upon which the newly-elected 
 director may take the oath of office may be fifteen days from the third Saturday 
 in May. In case no director is elected the vacancy named in this section, 
 would begin on the fifteenth day after the third Saturday in May, and the elec- 
 tors will have the right within fifteen days, or within thirty days after the annual 
 meeting to elect a director for a vacancy caused by a failure to elect at the 
 proper time. For a vacancy caused by death, resignation or otherwise, the elec- 
 tors have fifteen days from the date of such death, resignation or other occur- 
 rence which caused the vacancy to fill the same. 
 
 SEC. 7041. The said board sh'all make provisions for es- 
 tablishing separate schools for white and colored children 
 and youths (;/), and shall adopt such other measures as they 
 may judge expedient for carrying the free school system 
 into effectual and uniform operation throughout the state, 
 
 (.) It is the duly of directors to provide equal school facilities for blacks and 
 whites. Maddox v. Neal,<\$-\2\. The 'board of directors cannot claim to ap- 
 portion the schoof funds and limit the school terms to each class according to its 
 scholastic population. Ib. 
 
 S 4 
 
5O SCHOOL LAWS. 
 
 and providing, as nearly as possible, for the education of 
 every youth (o}. 
 
 The duty of establishing separate schools for both races is mandatory. If 
 there are eleven or more black children, or eleven or more white children, they 
 must have a school. Ten black children or a less number, or ten white children 
 or less should be transferred to an adjoining district under the provisions of 
 the act approved April 3, 1891. See sec. 7062. 
 
 In the case of Maddox et al. v. Neal et a!., Ark. Rep., 121, the supreme 
 court of this state says : "A wide range of discretion is vested in these boards 
 by the statute in the matter of the government and details of conducting of the 
 common schools, but in the nature of things, there is a limit to this discretion. 
 Some positive and imperative duties are imposed upon them about which they have 
 no discretion. The first and most important duty of the board is to make pro- 
 visions for establishing schools. When the funds are provided, and the directors 
 are not otherwise instructed by the school meeting of the district, the 
 duty to provide a school for at least three months is mandatory, and the 
 duty to establish separate schools for the whites and blacks is also incum- 
 bent on them. All the provisions of the law in relation to schools, in con- 
 formity to the constitutional mandate, are general, and the system, as 
 far as the statute can make it, is uniform. No duty is imposed upon 
 or discretion given to the directors about schools for one race that is 
 not applicable to the other. It is the clear intention of the constitution 
 and statutes alike to place the means of education within the reach of every 
 youth. Education at the public expense has become a legal right extended by 
 the hws to all the people alike. No discrimination on account of nationality, 
 caste or other distinction has been attempted by the law-making powers. The 
 boards of directors are only the agents, the trustees appointed to carry out the 
 system provided for. Their powers are no greater than the authority conferred 
 by legislation. They can do nothing they are not expressly authorized to do, or 
 which does not grow out of their expressed powers. * * * The opportunity 
 of instruction in public schools, given by the statute to all the youths of the state, 
 is in obedience, as we have seen, to special command of the constitution, and it 
 is obvious that a board of directors can have no discretionary power to single 
 out part of the children by the arbitrary standard of color, and deprive them of 
 the benefits of the school privilege. To hold otherwise would be to set the dis- 
 cretion of the directors above all law." 
 
 SEC. 7042. The directors shall have charge of the school 
 affairs and of the school educational interests of their dis- 
 
 (0.) In the discharge of their duties, in this section prescribed, the board has 
 discretion, but when it fails to perform its duties mandamus will lie to compel 
 it to do so. Maddox v. Neal, 45-121. 
 
SCHOOL LAWS. 51 
 
 trict, and shall have the care and custody of the school 
 houses and grounds, the books, records, papers and other 
 property belonging to the district, and shall carefully pre- 
 serve the same, preventing waste and damage ; and shall 
 purchase or lease, in the corporate name of the district, such 
 school-house site as may be designated by a majority of the 
 legal voters at the district meeting; shall hire, purchase or 
 build a school house with funds provided by the district for 
 that purpose ; and may sell or exchange such site or school 
 house, when so directed by a majority of the electors of any 
 legal meeting of the district (p) 
 
 In general, school property is to be used for the purposes of education. It ap- 
 pears that the legislature has not inhibited the directors from permitting the school 
 house to be used temporarily and occasionally for other purposes. In Indiana 
 it has been held that a school house may be used for township purposes. 
 
 Trustees v. Osborne, 9 Ind., 458 
 
 The school house may be used for all lawful school district meetings of the 
 electors or directors. 
 
 In Iowa it has been held that the electors may direct the use of school houses 
 for religious purposes. So in Ohio and Vermont. 
 Chapin v. Hill, 24 Vt., 528. 
 Weir v. Day, Supreme Cotirt of Ohio, 1879. 
 Central, Law Journal, Vol. 9, 398. 
 Davis v. Boget, 50 la., 194. 
 
 It has been held that the words, "to direct the sale or other disposition to be 
 made of any school house," conferred the power on the electors to vote upon the 
 question as to whether the school house should be used for religious purposes. 
 
 Townshend v. Heagan et a/., 35 Iowa, 194. 
 
 Section 7042 by implication vests the power of directing the sale or exchange 
 of the site or the school house in the electors alone. It is doubtful whether 
 this authority may be so expanded as to authorize them to direct the temporary 
 occasional use of the house. This authority appears to be vested by our statutes 
 in the discretion of the directors alone. 
 
 In Illinois it has been held that the temporary use of a school house is not 
 
 (/>.) Two members of the boards may bind the district at a contract, made at 
 a meeting at which the third was present or had notice; but no contract can be 
 made except at a meeting of which all had notice. School District v. Bennett, 
 5 2 -5ii. 
 
 See Widner v. State, 49-172. 
 
52 SCHOOL LAWS. 
 
 forbidden by the constitution of that state. Nor is it forbidden by the constitu- 
 tion of Arkansas. 
 
 In Nichols v. School Directors, Superior Court of Illinois, November 10^ 
 1879, it was held that an incidental use of a school house for religious purposes 
 not interfering with school purposes, is not in any reasonable sense inconsistent 
 with the faithful application of the property to school purposes. Religion and 
 religious worship are not so placed under the ban of the constitution that they 
 may not be allowed to become the recipient of any incidental benefit from the 
 authorities of the state. 
 
 In Connecticut, however, it was held that a single tax-payer might prevent 
 the use of the school property for religious purposes by simply objecting thereto^ 
 and that he was entitled to an injunction to inforce his right. 
 Schofield v. Eighth School Dist., 27 Conn., 499. 
 
 The legislature of Connecticut afterwards enacted a law placing the right to 
 direct the use of school property in a two-thirds vote of the electors 
 
 . Section 7065 authorizes the directors to permit the use of the school house by 
 a private school unless otherwise directed by a majority of the legal 
 voters of the district. This enlargement of the power of the electors, 
 as set out in section 7029 and in 7042, as to directing the sale or exchange of 
 the site or school house, must be considered in construing these sections; and 
 the exercise of the enlarged power must be controlled by the provisions of sec- 
 tion 7029, that is, the electors may act upon these questions at the annual meet- 
 ing or an adjournment thereof. 
 
 It is evident that the respective powers and rights of directors and electors 
 are not clear. The general principle is that the whole matter is left to the sound 
 discretion of the directors, subject to a controlling direction on the part of the 
 electors as to a private school. 
 
 SEC. 7043. They shall hire for and in the name 
 of the district, such teachers as have been licensed 
 according to law, and shall make with such teachers a 
 written contract, specifying the time for which the teacher 
 is to be employed, the wages to be paid per month and any 
 other agreement entered into by the contracting parties, and 
 shall furnish the teachers with a duplicate of such contract, 
 and keep the original ; and they shall employ no person to 
 teach in any common school of their district unless such 
 person shall hold, at the time of commencing his school, a 
 certificate and license to teach, granted by the county ex- 
 aminer or state superintendent. 
 
SCHOOL LAWS. 53 
 
 The right to select a teacher, fix his salary, and the time for the opening of 
 the school are matters which belong exclusively to the directors. The electors 
 have no right to direct upon any question connected with the teaching of the 
 school, save the single one of extending the term of the school. 
 
 Directors cannot make a legal contract with a teacher who has no licenses. 
 This negatives the right to contract with a principal teacher who is licensed for 
 an amount of money to be paid him, out of which he is to pay the salaries o 
 unlicensed assistants. 
 
 Every teacher, whether as principal or assistant, must be selected by the 
 board of directors ; every such person must have a license from the county ex- 
 aminer or state superintendent, and every such person must have a written con- 
 tract. County treasurers are warranted to demand the contract of every 
 teacher or assistant who presents a warrant for the payment of wages from the 
 public school funds. If the warrant shows that its holder is principal, and that 
 the amount specified on its face is for the payment of the wages of assistants, or 
 if it is proven to the treasurer that such is the case, he should refuse to pay the 
 same as a violation of sections 7051 and of 7043. The treasurer may also re- 
 fuse to pay the warrant of any teacher who has not been licensed. See section 
 7052. The words, "properly drawn" in this section refer back to the inhibi- 
 tions of section 7043, and forward to the positive inhibition of section 7071, 
 and the treasurer should exercise the greatest caution in the matter of paying 
 these doubtful warrants. 
 
 The acts of school directors are corporate acts. To bind the district it is 
 necessary for them to act at a regular meeting, or a called meeting, of which, 
 notice was given to each director. At such meetings the act of a majority of 
 the board is the act of the whole board. 
 
 CONTRACTS. 
 
 A board of i-chool directors empowered by statute without any limitation to 
 employ a superintendent of schools may make a contract for a superintendent for 
 a term beginning after some members of the board go out of office. 
 Gates v. School Distsict of Fort Smith, 53 Ark., 468. 
 Davis v. School District, 81 Mich., 214. 
 
 This decision applies to all teachers employed in the schools as well as to the 
 superintendent. 
 
 The following opinion of the attorney general contains the law upon this 
 point : 
 
 The office of school director is a very important one more important than is 
 generally considered by the people. The best men in the district should be se- 
 lected for this responsible position. The progress and development of our 
 various resources depends, in a great measure, upon the efficiency of school di- 
 rectors. Although 'the lowest of elective officers, yet it is equal to the highest in 
 its influence in advancing the prosperity of the state. 
 
 School directors have charge of the educational interests of their respective 
 
54 . SCHOOL LAWS. 
 
 districts; have the care and custody of school houses, grounds, books, records, 
 papers, etc.; they shall purchase or lease school-house site designated by the 
 legal voters; they shall hire, purchase or build a school house with funds pro- 
 vided for that purpose ; they shall hire and contract with teachers; they shall 
 adopt a series of text-books to be used in the district school; they shall furnish 
 teachers with a register; they shall visit the schools and submit to the district an 
 an estimate of the expenses of said district; draw warrants on the treasurer; 
 make the enumeration and enrollment report between the 1st and loth of Sep- 
 tember, and make settlements with the county treasurer, etc. 
 
 For the purpose of carrying out the above-mtntioned duties with wisdom and 
 discretion, each district has three school directors. These directors constitute 
 an educational board, and should meet and transact all business of the district 
 as a board. The first business of a school board, composed of continuing and 
 newly elected members, is to organize by electing a president and secretary. 
 Directors are possessed of specially defined powers, and should exercise no 
 others, and cannot do so legally. In the transaction of all business pertaining 
 to the district, all members of the board must meet together, or hive notice to 
 meet. The action of a majority of the school board will not bind the district 
 when one of the directors had no notice of the meeting and did not participate 
 in it. (4 Nebr., 254.) The district has a right to the wisdom, experience and 
 judgment of each director, and a majority of the directors cannot legally bind 
 the district unless each member of the board has had due and timely notice of 
 said meeting. A contract by two of the members of the board, when all have 
 had notice, is legal and binding on the district. When a board is by statute 
 made a body corporate, individual members acting separately, although a ma- 
 jority, cannot contract a debt or draw a warrant for its payment. 
 22 Ohio, 144; 27 Kan., 129. 
 
 This additional opinion contains another principle. 
 
 SIR In answer to your inquiries I have the honor to say that, in my opinion, 
 section 7043 applies as well to special, or single school districts, as to ordinary 
 common school district?. 
 
 I am also of the opinion that it applies to the superintendent of schools in 
 such special districts, provided he is to act as a teacher, otherwise not. 
 
 I am also of opinion that said section is mandatory upon the directors, but I 
 do not believe, or mean to be understood as saying, that a verbal contract made 
 with a qualified teacher would be void because not in writing. 
 
 The contracts made by a board of directors are good though it should turn 
 out that the directors are disqualified to hold office. They are de facto officers. 
 
 SEC. 7044. The term " month," wherever it occurs in any 
 section of this act, shall be construed to mean twenty days, 
 or four weeks of five days each. Act December 7, 
 sees 58-62. 
 
SCHOOL LAWS. 55 
 
 SEC. 7045. The directors of school districts, other than 
 special school districts, may expend annually, out of the 
 common school fund, not more than twenty-five dollars dur- 
 ing any one year for any school under their control for maps, 
 charts, globes, dictionaries and other apparatus necessary 
 to the progress of the school ; Provided, Said maps, charts, 
 globes, dictionaries and other apparatus meets the approval 
 of the state superintendent, in price and merit. Act Febru- 
 ary 16, 1893. 
 
 SEC. 7046. The directors of each school district in this 
 state shall adopt and caused to be used in the public schools, 
 in their respective districts, one series of text-books in each 
 branch or science taught in the public schools of their re- 
 spective districts, and no change in these books shall be 
 made for a period of three years, unless it be by a petition 
 of a majority of the voters of the district desiring the^ 
 Act March n, 1881, sec. 2. 
 
 See section 6975 and comments and opinion therein set out. 
 The penalty for failure to perform the duties imposed by this 
 not less than ten nor more than fifty dollars. See sec. 7070. 
 
 SEC. 7047. They shall procure from the county exam- 
 iner, and furnish the teacher at the commencement of the 
 term, a register for his school, and require the said teacher 
 to report, in said register, at the close of the school term, 
 the number of days of the said term, the name and age of 
 each pupil, the date on which each entered the school, the 
 separate days on which each attended, the whole number of 
 days each attended, the studies each pursued, the total num- 
 ber of days all pupils attended, the average daily attendance 
 and the number of visits received from the directors during 
 the said term. Act December 7, /c?75, sec. 63. 
 
 The keeping of this register according to all its requirements, perfected and 
 complete, is compulsory upon the teacher, and he can not draw his last month's 
 wages until this duty is performed. See sec. 7076. 
 
 SEC. 7048. They shall visit the schools at least once each 
 
56 SCHOOL LAWS. 
 
 term, and encourage the pupils in their studies, and give 
 such advice to the teacher as may be for the benefit of 
 teacher and pupils. 
 
 SEC. 7049. They shall submit to the district, at the an- 
 nual meeting, an estimate of the expenses of the district for 
 that year, including the expenses of a school for the term 
 of three months for the next year, after deducting the prob- 
 able amount of school moneys to be apportioned to the dis- 
 trict for that school year, and shall also submit an esti- 
 mate of the expenses per month of continuing the school 
 beyond the term of three months, and of whatever else may 
 be necessary for the comfort and advancement of the said 
 school. 
 
 The following is the blank prescribed to meet the requirements of this sec- 
 tion : 
 
SCHOOL LAWS. 
 DIRECTORS' ESTIMATE OF DISTRICT EXPENSES. 
 
 57 
 
 Electors of School District No , County of State of 
 
 Arkansas : 
 
 We respectively submit the following as our estimate of the expeuses of the 
 public schools in this district for the term of three months during the present 
 scholastic year, beginning the first of last July, and of the expenses per month 
 of continuing the schools longer than three months : 
 
 AMOUNT NECESSARY. 
 
 For teachers' salaries 
 
 For purchase or lease of sites 
 
 For purchase, erection or hire of houses 
 
 For repairs of houses and grounds 
 
 For fuel and incidental expenses 
 
 For furniture, apparatus, light, etc 
 
 For other purposes 
 
 Total 
 
 Amount we will probably receive from the state apportionment... 
 
 Remainder to be raised by a district tax 
 
 Expense for continuing the schools longer than three 
 
 months, at dollars per month 
 
 Total amount to be raised by district tax 
 
 The electors are respectively asked to vote a tax of mills to meet the 
 
 expenses of the above estimate. 
 
 1 
 
 ^Directors. 
 
 I 
 
 It will be seen that there are several items of expense. Should the directors 
 fill each blank, thus recommending a tax for each item of expense, and should 
 the electors vote the rate of tax suggested, or any other rate, without expressly 
 negativing an item recommended, tbeu the tax voted must beheld to be voted in 
 strict compliance with the estimate; and the estimate should be returned with the 
 poll books to the county clerk so that the county judge in making his levy may 
 levy to suit the vote and the estimate which is the basis of the vote. The tax 
 levied and the items of the estimate should be certified by the clerk to the treas- 
 urer. The treasurer should distribute the tax when collected to the various pur- 
 
58 SCHOOL LAWS. 
 
 poses named in the estimate, opening an account with each special item, the only 
 index to the purpose for which the tax was levied. Should the tax collected be 
 more or less than the amount of the estimate, then each item of the estimate 
 must be increased or decreased in proportion. It must never be forgotten that 
 the estimate submitted by the directors is a necessary part of the election, and is 
 the only source from which the intention of the electors as to the purpose of the 
 tax is to be gathered, except the ballots. If the ballots declare " for five mills," 
 with no accompanying words, then the court in levying the tax is relegated to the 
 estimate for the purpose of the tax; and if the estimate distributes the expense 
 by items, then the necessary and only inference is that the tax was voted for the 
 express purpose of meeting the estimate. If the ballots declare ' for tax " and the 
 estimate is not itemized, but massed under the general words <k for common 
 school purposes 1 ' or "for general purposes " or any other language which inti- 
 mates generality of purpose, or should the ballots themselves declare this gener- 
 ality, then the necessary and only legal inference is that the tax was to be levied 
 for general purposes, and should be so levied by the court. And in every case 
 where the vote is so generalized the directors are empowered to distribute the tax 
 so levied and collected for any and every necessary school purpose except build- 
 ing a house. No house can be built under the general authority " for general 
 purposes," although any other necessary expense may be met that way. The 
 treasurer is always authorized to pay the warrants of a board of directors for any 
 purpose save building where the levy of the court or the vote of the electors was 
 " for general purposes " or other general language. 
 
 But if the estimate submitted to the electors is limited by the words " for 
 teachers' salaries," and the ballots are simply " for tax," then the levy is special, 
 and the tax when collected must be distributed "for teachers' salaries alone." It 
 is better for every interest of the district that the ballots declare- " for general 
 school purposes." This will vest a discretion in the directors, and will enable 
 them to meet the demands of the school at any time. These comments have 
 force only as they concern the " local tax." The funds received from the state 
 apportionment and from the per capita tax are not under the control of the elect- 
 ors, save that where they are not sufficient to maintain a three months' school 
 the electors may direct them to remain in the treasury. 
 
 Such funds, with the exception named are under the control of the directors 
 alone, and must be used to- maintain free schools. In doing this the directors 
 may use them for paying the salaries of teachers and all necessary expenses inci- 
 dent thereto. It is difficult to draw the line between necessary and unnecessary 
 expenses, and where there are grave doubts as to this the directors should not 
 incur the expense. Several supreme courts have decided that *' maps, globes, 
 charts and other illustrative appliances," are not necessary, and directors are re- 
 lieved from deciding this question. The legislature wisely permits them to buy 
 these things from an approved list to the amount of twenty-five dollars each year. 
 
 But " repair of house " when imperative and which cannot be delayed to the 
 
SCHOOL LAWS. 59 
 
 annual meeting of the electors, fuel, stoves, blackboards, buckets, dippers, cray- 
 ons and erasers, are necessary incidents to the life of a school and are proper 
 charges upon the state and Per capita apportionment. Seats are necessary, of 
 course, but as they are a part of the building itself they must be furnished by a 
 like process ; a special tax must be levied. The words 5 ' for building purposes " 
 will authorize the directors not only to build but to furnish with seats. The only 
 trouble that can arise is where there is an entire absence of seats and a positive 
 refusal on the part of the electors to provide a tax for their purchase. In that 
 case no school can be supported. The law expressly empowers the directors 
 "to hire, purchase or build a school house, with funds provided by the district for 
 that purpose," and no other funds can be used. It follows then that the local 
 tax is absolutely necessary before a house may be rented, built, purchased or 
 furnished. The words " for general purposes" in the voting of a local tax will 
 authorize the use of the tax for hiring or furnishing*; but to purchase or build 
 there must be a vote for this specific purpose. 
 
 SEC. 7050. They shall, in all suits and actions at law 
 brought by or against their district, appear for and in behalf 
 of said district. Provided, They shall have no other direc- 
 tions or instructions by a lawful meeting of the electors of 
 their district. 
 
 SEC. 7051. They shall draw orders on the treasurer of 
 the county for the payment of wages due teachers, or for 
 any lawful purpose, and they shall state in every such order 
 the services or consideration for which the order is drawn, 
 and the name of the person rendering such service ; but they 
 shall not draw any order on the county treasurer for the 
 payment of the wages of any teacher not licensed (q}. 
 
 SEC. 7052 When the warrant of any board of directors, 
 properly drawn, is presented to the treasurer of the proper 
 county, he shall pay the same out of any funds in his hands 
 for that purpose belonging to the district specified in said 
 warrant (r). See sec. 704.3. 
 
 SEC. 7053. The directors shall give notice of each annual 
 
 (q.) School warrants may be issued by two directors. Grain v. State, 45-450. 
 
 (r.) Statutes of limitation run against school warrants. School District v . 
 Cramer, 52-454; School District v. Reeve, 56-68. 
 
 Effect of warrants drawn in lieu of destroyed or lost warrants, see School Dis- 
 trict v. Cramer, 52-454. 
 
6O SCHOOL LAWS. 
 
 meeting, by posting notices thereof, at least fifteen days 
 previous to such meeting, in three or more conspicuous 
 places within the district (s) ; but it shall not be lawful for a 
 district, at any annual meeting, to fix a site for a school- 
 house, or to raise money for building or purchasing a school- 
 house, unless the directors shall have particularly set forth 
 in the previous notice given of such meeting that these 
 matters were to be submitted for their consideration and 
 action (t). 
 
 SEC. 7054. One of the directors shall act as clerk at all 
 district meetings, shall keep a record of the proceedings 
 thereof in a book provided for that purpose, or, if absent, 
 shall transcribe into said book the minutes kept by the 
 clerk pro tempore, and signed by the chairman, as so much 
 of the authenticated records of the district ; and he shall 
 enter on the said book copies of all his reports to the county 
 clerk and the county examiner. 
 
 SEC. 7055. He shall keep, in a book provided for that 
 purpose, the accounts of the district, by debits and credits, 
 including the accounts with the county treasurer, and shall 
 present the same to each annual meeting, showing the cur- 
 rent expenses for the year, for school-houses, out-buildings, 
 fences with which to inclose a school-house site, for stoves, 
 wood, maps, charts, blackboards, a dictionary, and other 
 necessaries for a school, and stating the numberof days the di- 
 rectors have been necessarily employed in the performance 
 of their duties as directors ; the date of each order drawn by 
 them on the county treasurer, and for what services or con- 
 
 (s.) It is the duty of the directors to designate the place of the annual meeting, 
 and notice of the time and place is essential to the validity of a tax voted at such 
 meeting. But the statute designates the time, and all are bound to take notice 
 of it. If notice of the place be given, the meeting will be legal, though the time 
 be not specified in the notice. Hodgkin v. Fry, 33-716. A notice given by two 
 of the directors is sufficient. Holland v. Davies, 36-446 ; Davies v. Holland, 
 
 (/.) See Fluty v. School District, 49-94. 
 
SCHOOL LAWS. 6 1 
 
 sideration, for what amounts and in whose favor, exhibiting 
 vouchers therefor ; a statement of the indebtedness of the 
 district, and also of the surplus moneys, if any, in the county 
 treasury belonging to the district at the commencement of 
 the year ; the amount of taxes levied on the district for 
 school purposes within the year; the different purposes for 
 which said taxes were levied, and the amount levied for 
 each purpose. If, on examination, the report be found cor- 
 rect, the chairman of the meeting shall approve the same, 
 and order that it be filed with the records of the district. 
 
 SEC. 7056. The directors shall, within ten days after any 
 school meeting, report to the clerk of the county so much 
 of the proceedings of said meeting as pertains to the election 
 of officers ; and they shall, on or before the first day of 
 October in each year, furnish to the clerk so much of the 
 copy of their record, attested by the chairman of the meet- 
 ing, as shows the amount of money voted to be raised by 
 the district, for school purposes, at the annual meeting. 
 
 SEC. 7057. They shall, annually, between the first and 
 tenth days of September, transmit, verified by their affidavit, 
 to the county examiner, a written report, in proper form, of 
 the name of their county; of the number of their district ; 
 the names and ages of all persons, between the ages of six 
 and twenty-one years, residing in their district on the first 
 day of September ; the number of males and females respec- 
 tively, of each color, that attended the common schools dur- 
 ing the last school year ; the average number of each sex 
 ' that attended daily ; the number that pursued each of the 
 studies designated to be taught in the common schools of 
 this state ; the number of times the school was visited each 
 term by the directors ; the number of days the school was 
 taught during the year by a licensed teacher ; the name of 
 /each teacher; the grade of his certificate; the wages paid 
 each teacher per month, and the whole amount of wages 
 paid teachers during the year. They shall include in their 
 
62 SCHOOL LAWS. 
 
 report the amount of taxes voted by the district during the 
 last school year, for what purpose voted, and the amount 
 voted for each purpose ; the amount drawn from the county 
 treasurer for each purpose for which money was raised by 
 district tax the previous year ; the amount of revenues re- 
 ceived from the common school fund, and the amount re- 
 ceived from each of the various other sources from which 
 school revenues are derived ; the amount of each kind of 
 revenue remaining in the county treasury and subject to the 
 order of the district; the number of school houses erected 
 during the year, and the cost and material of each ; the num- 
 ber, the material, the condition and the value of those before 
 erected, and the value of all other property belonging to 
 the district ; the condition of the school-house grounds, and 
 whether the said grounds are enclosed; also, name, age and 
 post-office of deaf, dumb, blind and insane in each district, 
 including all who are blind or deaf, or to such an extent as 
 not to be educated in common schools; and they shall 
 record the said report in the proper place in the district book 
 in which the current record of the proceedings of the district 
 is kept. 
 
 SEC. 7058. If the directors of any district fail or neglect 
 to make a report of the enumeration, statistics and finances 
 of their district at the time and in the manner prescribed in 
 the preceding section, the said directors, in addition to their 
 forfeiture for neglect of duty, shall severally be liable for any 
 damages, including the costs of the suit, that the district 
 may sustain by reason of losing the school revenues that 
 would otherwise have been apportioned to them. 
 
 SEC. 7059. They shall, at the close of the school year, set- 
 tle with the county treasurer, and ascertain what moneys, if 
 any, to which their district may be entitled, and the amounts, 
 severally, thereof that are in the county treasury and sub- 
 ject to be drawn by their district. Ib , sees. ^-75. 
 
 SEC. 7060. The directors of any school district may, at 
 
SCHOOL LAWS. 63 
 
 the instance of the teacher, suspend from the school any 
 pupil for gross immorality, refractory conduct or insubor- 
 dination, or for infectious disease. Provided, Such suspension 
 shall not extend beyond the current term. 
 
 Directors should remember that the right to attend school grows out of bona 
 fide residence and not from an enumeration in a district or the payment of taxes. 
 When a man moves into a district with the intention of making it his permanent 
 residence, he acquires the right to send to the public schools at once. The 
 directors are to decide from all the circumstances, whether the residence is per- 
 manent or temporary. If temporary no free school privileges obtain. 
 
 It will be seen that the power to suspend is lodged with the directors. The 
 teacher has no authority to perform this act of discipline upon his own motion. 
 He must report the infraction of discipline to the board of directors, who are 
 alone authorized to act. 
 
 DECISIONS. 
 
 The general school committee of a town has power to exclude therefrom a 
 child of immoral or licentious character though such character be not manifested 
 by any acts in the school room. The learned judge reasoned as follows : " It 
 seems to be admitted, if not, it could hardly be questioned,, that for misconduct in 
 school, for disobedience to its reasonable regulations, a pupil may be excluded. 
 Why so ? There is no express provision in the law (as it then was) authorizing 
 such exclusion ; it results by necessary implication, from the provision of law re- 
 quiring good discipline. It proves that the right to attend school is not abso- 
 lute, but one to be enjoyed by all on reasonable conditions." 
 
 Trustees v. People, 87 Illinois, 303. 
 
 Ruleson v. Post, 79 ///., 567. 
 
 Morrow v. Wood, 36 Wis., 59. 
 
 Sherman v. Charleston, 8 Cush., 160. 
 
 Peck v. Smith, 41 Conn., 442. 
 
 It is undoubtedly true ihat trustees or committees have the power, and it is 
 their duty to dismiss or exclude a pupil from their school when, in their judg- 
 ment, it is necessary for the good order and proper government of the school so 
 to do. 
 
 Stephenson v. Hall, 14 Barb., 222. 
 They may do so to prevent a pupil from bringing contagion into a school. 
 
 Spear v. Cummins, 23 Pick., 225. 
 
 The school authorities have a right to exclude from their grounds or buildings 
 anyone who enters therein to disturb the peace or interfere with the legitimate 
 exercises of the school. 
 
 Hughes v. Goodell, 3 Pitttb., L. /., 264. 
 
 Whatsoever has a direct and immediate tendency to injure the school in its 
 important interests, or to subvert the authority of those in charge of it, is prop- 
 
64 SCHOOL LAWS. 
 
 er!y a subject for regulation and discipline, and this is so w.herever the acts may 
 be committed. 
 
 Burdich v. Babcock, 31 Iowa, 562. 
 
 There is a limit to the powers of the school directors, and that limit is the 
 needfulness or reasonableness of the rule. Thus, where a rule forbade the attend- 
 ance of pupils upon social parties, and where a pupil was expelled for a violation 
 thereof, it was held that the board had power to make all needful rules for the 
 government of pupils while at school, but no power to follow them home and 
 govern their conduct while under the parental eye ; and that in prescribing the 
 rule it had gone beyond its power. 
 
 Drift v. Snodgrass, 66 Mo., 286. 
 
 But in the same state it was held that a rule forbidding pupils from fighting 
 and using profane language on the way to and from school was good, and that 
 punishment could be inflicted for a violation thereof. 
 
 Deskins v. Gose, 85 Mo., 585. 
 Teachers should remember that the rule makers are the directors. 
 
 State v. Barton, 45 Wis., 150. 
 
 Morrow v. Wood, 35 Wis., 50. 
 
 Wherever, however, it is absolutely necessary for the teacher to act in order 
 to preserve the school from anarchy, or to maintain order and discipline, he is 
 justified in so doing without waiting for an order of the directors. Wherever 
 the exercise of this right is not called for by present necessity, it should be de- 
 ferred for action by the board. 
 
 State ex rel, etc. v. Barton, 45 Wis., 150. 
 
 Neither the teacher with a legal certificate and lawfully employed, nor the 
 board of school directors, are liable in damages for tort by reason of having ex- 
 pelled a child from school, so long as they act in good faith. If they err in 
 good faith in the discharge of their duties they are not liable. 
 
 Donahue v. Richards, 38 Me., 376. 
 
 Sewell v. Board of Education, 29 Ohio St., 89. 
 
 Spear v. Gumming s, 23 Pick., 22. 
 
 Boydv. Blaisdel, 15 Ind., 73. 
 
 Stephenson v. Hall, 14 Barb., 222. 
 
 But where the child is entitled to go to school and the expulsion is wrongful, 
 see contra. 
 
 Roe v. Deming, 21 Ohio St., 666. 
 To make either liable there must be malice. 
 
 Dritt v. Snodgrass, 66 Mo., 286. 
 
 Commonwealth v. Seed, 5 Pa., L. J. R., 78. 
 
 Nor is the teacher liable on an implied contract to teach. There is no im- 
 plied contract in the public schools between teacher and pupil. The only con- 
 tract is with the board of directors to whom he is accountable for his acts, unless 
 he is stirred by malicious motives and renders himself amenable to law. 
 
SCHOOL LAWS. 6$ 
 
 Steckey v. Churchman, 2 Bradiv. (///.), 584. 
 
 In Michigan it has been held that before expulsion or suspension may be ad- 
 judged against pupils who in any way deface or injure the school building, out- 
 houses, furniture, maps or anything else belonging to the school, that such injury 
 or defacement must be shown to be wilful and malicious. A careless act will 
 not sustain the rule, even though the pupil be too poor to make satisfaction. 
 
 Holman v. School Trustees of Avon, Supreme Court Reports, 1889. 
 Directors, in the absence of promulgated rules, may suspend or expel, when- 
 ever upon due examination they become satisfied that the interests of the school 
 demand such expulsion, any pupil who transgresses unwritten but well-defined 
 rules of conduct prescribed by common sense and decency. 
 
 State v. Hamilton, 42 Mo. App., 24. 
 See also, 
 
 Holman v. Trustees, 77 Mich., 605. 
 
 AS TO RULES GENERALLY. 
 
 Sections 7041, 7042 and 7060 place the rule-making power with the directors. 
 The power ordinarily given and its txtent has been well expressed by the learned 
 judge in Rtilison z/. Post, 79 ///., 567. He said : 
 
 " In the performance of their duty in carrying the law into effect, the directors 
 may prescribe certain rules and regulations for the government of the schools in 
 their district, and enforce them. They may, no doubt, classify the scholars, reg- 
 ulate their studies and their deportment, the hours to be taught, besides the per- 
 formance of other duties necessary to promote the success and secure the well- 
 being of such schools. But all such rules and regulations must be reasonable, 
 and calculated to promote the objects of the law the conferring of such an ed- 
 ucation upon all, free of charge. The law having conferred upon each child of 
 proper age the right to be taught the enumerated branches, any rule or regula- 
 tion which by its enforcement would tend to hinder or deprive the child of this 
 right can not be sustained. All rules must be adapted to the promotion and ac- 
 complishment of this great and paramount object of the law." 
 
 Now, what are reasonable rules? 
 
 In Thompson v. Beaver^ 63 ///., 353, the following conclusion was reached : 
 
 "What are reasonable rules is a question of law, and we do not hesitate to 
 declare that a rule that would bar the doors of the school house against little 
 children who had come from so great a distance (one and one-half miles) in the 
 cold winter, for no other reason than that they were a few minutes tardy, is un- 
 reasonable and therefore unlawful. In its practical operation it amounts to little 
 less than wanton cruelty." 
 
 Among the rules established by the board in a certain district was this: 
 
 " All pupils will be required to bring written excuses from their parents to 
 teachers for absence, and such excuses must be satisfactory and reasonable, oth- 
 erwise they will not be granted." 
 
 The court commented upon the rule as follows: 
 S 5 
 
66 SCHOOL LAWS. 
 
 " The rule in question is not a hard or harsh one. It does not of itself indicate 
 any sinister or malevolent purpose, or wicked force, on the part of the directors. 
 It does not trench upon .the rights or dignity of any one. We instantly and 
 properly repel any encroachment upon our rights as citizens. We have a proper 
 pride and ambition in maintaining these rights under any and all circumstances. 
 But I am utterly unable to understand how this simple rule or regulation, requir- 
 ing the pupil in certain cases to bring a written excuse from its parents to the 
 teacher, is an attack upon, or an abridgment of, our inalienable rights as citizens 
 of this free country." 
 
 Churchill v. Fewkes, 13 ///. App. (13 Brad.}, 520. 
 
 The directors may make and enforce a rule forbidding the use of tobacco or 
 whisky in any form, or the carrying of any deadly weapon, in any 'school room 
 or in any part of the school building. 
 
 ENFORCEMENT OF RULES BY CORPORAL PUNISHMENT. 
 
 The following summary of cases will give an idea of what has been held with 
 reference to corporal punishment in schools by courts of last resort in other 
 states. , 
 
 ' The right of the parent to keep the child in order and obedience is secured 
 by the common law. He may lawfully correct his child, being under age, in a 
 reasonable manner, for this is for the benefit of his education. He may dele- 
 gate, also, a part of his parental authority, during his life, to the tutor or school- 
 master of his child, who is then in loco par entis, and has such portion of the power 
 of the parent committed to his charge viz.: that of restraint and correction as 
 may be necessary to answer the purpose for which he is employed, 
 i Black., Com., 453, 454. 
 I ffalis P. C., 473, 474. 
 
 " The rights of parents (over their children) result from their duties. As they 
 are bound to maintain and educate their children, the law has given them the 
 right to such authority ; and, in support of that authority, a right to the exercise 
 of such discipline as may be requisite for, the discharge of their sacred trust. 
 ' The power allowed by law to the parent over the person of the child may be del- 
 egated to a tutor or instructor, the better to accomplish the purposes of educa- 
 tion.' " 
 
 Kent's Com., 169, 170. 
 
 Although the town school is instituted by the authority of the statute, the chil- 
 dren are to be considered as put in charge of the instructor for the same purpose, 
 and be clothed with the same power as when he is directly employed by the pa- 
 rents. The power of the parent to restrain and coerce obedience in children can 
 not be doubted, and it has seldom or never been denied. The power delegated 
 to the master by the parent must be accompanied for the time being with the 
 same right, as incidental, or the object sought must fail of accomplishment. 
 
 "The practice, which has generally prevailed in our town schools since the set- 
 tlement of the country, has been in accordance with the law thus expressed, and 
 
SCHOOL LAWS. 6/ 
 
 resort has been had to personal chastisement when a milder means of restraint 
 had been unavailing." 
 
 Stevens v. Fassett, 27 Me., 266. 
 
 . " The law having elevated the teacher to the place of the parent, if he is still 
 to sustain that sacred relation, it become him to be careful in the exercise of his 
 authority, and not make his power a pretext for cruelty and oppression." 
 14 Johns. R., 119. 
 
 " Whenever he undertakes to exercise it, the cause must be sufficient, the in- 
 strument suitable to the purpose ; the manner and extent of the correction, the 
 part of the person to which it is applied, the temper in which it is afflicted ; all 
 should be distinguished with the kindness, prudence and propriety which be- 
 comes the station." 
 
 Cooper v. Mcjunkin, 4 /</., 291. 
 
 The law, as we deem it to exist, is this : A schoolmaster has the right to in- 
 flict reasonable corporal punishment. He must exercise reasonable judgment 
 and discretion in determining when to punish, and to what extent. In determin- 
 ing upon what is a reasonable punishment various considerations must be re- 
 garded the nature of the offense, the apparent motive and disposition of the 
 offender, the influence of his example and conduct upon others, and the sex, age, 
 size and strength of the pupil to be punished. Among reasonable persons much 
 difference prevails as to the circumstances which will justify the infliction of pun- 
 ishment, and the extent to which it may properly be administered. On account 
 of this difference of opinion, and the difficulty which exists in determining what 
 is a reasonable punishment, and the advantage which the master has by being on 
 the spot to know all the circumstances the manner, looks, tone, gestures and 
 language of the offender (which are not always easily described), and thus to 
 form a correct opinion as to the necessity and extent of the punishment, consid- 
 erable allowance should be made to the teacher byway of protecting him in the 
 exercise of his discretion. Especially should he have this indulgence when he 
 appears to have acted from good motives and not from anger or malice. Hence, 
 the teacher is not to be held liable on the ground of excess of punishment unless 
 the punishment is clearly excessive, and would be so held in the general judgment 
 of reasonable men. If the punishment be thus clearly excessive, then the master 
 should be held liable for such excess, though he acted from good motives in in- 
 flicting the punishment, and in his own judgment considered it necessary and 
 not excessive. But if there is any reasonable doubt whether the punishment was 
 excessive, the master should have the benefit of the doubt." 
 Lander v. Slaver, 32 F/., 1 14. 
 
 In State v. Mizner, 59 la., the supreme court approved the following instruc- 
 tions : 
 
 " In the absence of all proof, the law presumes that a father or school teacher 
 punishes a child of the father or the pupil of the teacher for a reasouable cause 
 
68 SCHOOL LAWS. 
 
 and in a moderate and reasonable manner. But this presumption, like all other 
 legal presumptions, may be rebutted by the proof. 
 
 "The legal objects and purposes of punishment in schools are like the objects 
 and purposes of the state in punishing the citizens. They are threefold. First, 
 the reformation and the highest good of the pupil ; second, the enforcement and 
 maintenance of correct discipline in school; and third, as an example to like 
 evil-doers. And in no case can the punishment be justifiable unless it is in- 
 flicted for some definite offense or offenses which the pupil has committed, and 
 the pupil is given to understand what he or she is being punished for. And if 
 you find from the evidence that the punishment in this case was inflicted upon 
 the prosecutrix without her knowing what she was being punished for. then the 
 punishment was wrong on the part of the defendant. Punishment inflicted when 
 the reason of it is unknown to the punished, is subversive and not promotive of 
 the true objects of punishment, and can not be justified." 
 
 It was also held that any punishment with a rod which left marks or welts on 
 the person of the pupil for two months afterward, or much less time, was im- 
 moderate and excessive, and that the court would have been jusrified in so in- 
 structing the jury. In this case the pupil was punished by the teacher because, 
 acting under the direction of her father, she did not study algebra or attend 
 school at the hours fixed. The court held that such a violation of rules should 
 be punished by suspension or expulsion and not by whipping. 
 
 " We hold, therefore, that it may be laid down as a general rule, that teachers 
 exceed the limits of their authority when they cause lasting mischief; but act 
 within the limits of it when they inflict temporary pain. 
 
 " Within the sphere of this authority the master is the judge when correction 
 is required, and of the degree of correction necefsary ; and, like all others in- 
 trusted with a discretion, he can not be made personally responsible for error of 
 judgment, but only for wickedness of purpose. 
 
 " But the master may be punishable when he does not transcend the powers 
 granted, if he grossly abuse them. If he use his authority as a cover for malice, 
 and under pretense of administering correction gratify his own bad passions, the 
 mask of the judge shall be taken off, and he will stand amenable to justice as 
 an individual not invested with judicial power." 
 
 State v. Pendergrass, 2 Dev. & Bat., 365. 
 
 " If, inflicting punishment upon his pupil, he went beyond the limit of mod- 
 erate castigation, and, either in the mode or degree of correction, was guilty of 
 any unreasonable and disproportionate violence or force he was clearly liable 
 for such excess in a criminal prosecutioia." 
 i Hawk., c. 60, sec, 23. 
 Kussell an Crimes, 'jth Amer. Ed., 755. 
 Bac. Ab. Assault and Battery, C. J. 
 
 " It is undoubtedly true, that, in order to support an indictment for an assault 
 and battery, it is necessary to show that it was committed ex intentione, and 
 
SCHOOL LAWS. 69 
 
 that if the criminal intent is wanting the offense is not made out. But this intent 
 is always inferred from the unlawful act. The unreasonable and excessive use of 
 force on the person of another being proved, the wrongful intent is a necessary 
 and legitimate conclusion in all cases where the act was designedly committed' 
 It then becomes an assault and battery, because purposely inflicted without 
 justification or excuse. Whether, under all the facts, the punishment of the pu- 
 pil is excessive, must be left to the jury." 
 
 Commonwealth v. Randall, 4 Gray, 36. 
 
 " In inflicting such punishment the teacher must exercise sound discretion and 
 judgment r and must adapt it not only to the offense but to the offender. Horace 
 Mann, a high authority in the matter of schools, says of corporal punishment : 
 * It should be reserved for baser faults. It is a coarse remedy, and should be 
 employed upon the coarse sins of our animal nature, and, when employed at all, 
 should be administered in strong doses.' Of course the teacher, in inflicting 
 such punishment, must not exceed the bounds of moderation. No precise rule 
 can be laid down as to what shall be considered excessive or unreasonable pun- 
 ishment." 
 
 Reeve's Dom. Rel, 288. 
 
 " Each case must depend upon its own circumstances. And we think it equally 
 clear that he should also take into consideration the mental and moral qualities 
 of the pupil, and, as indicative of these, his general behavior in school and his 
 attitude towards his teacher becomes proper subjects of consideration. 
 
 ' We think, therefore, that the court acted properly in admitting evidence of 
 the prior and habitual misconduct of the plaintiff, and that it was perfectly proper 
 for the defendant, in chastising him, to consider not merely the immediate offense 
 which had called for the punishment, but the past offenses that aggravated the 
 present one, and showed the plaintiff to have been habitually refractory and dis- 
 obedient. Nor was it necessary that the teacher should, at the time of inflicting 
 the punishment, remind the pupil of his past and accumulating offenses. The 
 pupil knew them well enough without having them freshly brought to his notice." 
 Shelion v. Sturgess, 53 Conn., 481. 
 
 If a pupil who is of age attends school, she submits herself to all the rules of 
 the school and to like discipline with those pupils who are under age. 
 State v. Mizner, 45 /a., 248. 
 
 The same rule holds if the pupil is over twenty-one years of age and attends 
 the school by consent of the directors. 
 
 Stevens v. Fassett, 27 Me., 266. 
 
 In Peckv. Smith, 41 Conn., 442, the judge held that a member of a school 
 board may eject a pupil from the school house for insulting conduct towards him: 
 
 " The defendant, being at the school house performing certain duties connected 
 with the school, called the attention of the plaintiff to certain acts, not specially 
 culpable in character, which he acknowledged he had committed. His bearing 
 and manner were insolent and offensive, and the language in which he indulged 
 
70 SCHOOL LAWS. 
 
 was grossly profane. Such language, reprehensible at all times, should not have 
 been allowed to pass with impunity from a school boy of the older class, within 
 the walls of a school house, in the presence and hearing of younger pupils. 
 After being told to leave he so conducted himself that it was proper to remove 
 him, no unnecessary force being used to attain that object. 
 
 " It may be proper to observe, however, that public sentiment does not now 
 tolerate such corporal punishment of pupils as was formerly thought permissible 
 and even necessary." 
 
 i Coolers Blackstone, 453. 
 
 Rules which should control the teacher in inflicting punishment. The opinions 
 of the highest judicial tribunals and eminent jurists concur in respect to the pro- 
 priety and necessity of granting school teachers authority to inflict corporal pun- 
 ishment in certain cases, and of protection to them in the prudeut and reasona- 
 ble exercise of such authority either to promote the welfare of the child or the 
 welfa-re of the whole school. Teachers are, however, held to a just accountability 
 for the abuse of the power conferred. The decisions cited relate to punishments 
 with the rod, ferule, etc., but the rule of discretion and accountability is the same 
 for all other forms of punishment. Without doubt the best teachers do, as a general 
 rule, use the rod least, because they have a more perfect personal discipline, and 
 command a wider range of mental and moral resources from which to draw in deal- 
 ing with the wayward and erring ; and because they have, by nature, the faculty 
 of dealing easily and successfully with youth. It may be that if we all were wise 
 enough, some other remedy might be found in every case; I cannot say. But it 
 is quite certain that, so far as we can judge of cause and effect, cases arise at 
 one time or another in the experience of most teachers, when the timely and ju- 
 dicious infliction of corporal punishment seems, both at the time and afterwards, 
 the wisest and best thing that could be done. Certain it is, also that castigation 
 with the rod is often less cruel than sharp words, tones of irony, sarcasm or in- 
 vective, and less humiliating and harmful than some of the substitutes therefor. 
 Illinois School Laws and Decisions. 
 
 SEC. 7061. They may permit older persons to attend 
 the school under such regulations as they may deem proper. 
 Ib., part sec. 76. 
 
 SEC. 7062. The county court shall have power, upon the 
 petition of any person residing in any particular school dis- 
 trict, to transfer the children or wards of such person, for 
 educational purposes, to an adjoining district in the same 
 county, or to an adjoining district in an adjoining county ; 
 Provided, Said petitioner shall state under oath that the 
 transfer is for school purposes alone. Provided, further, 
 
SCHOOL LAWS. /I 
 
 Where a number of colored children or wards, not exceed- 
 ing ten, reside in a particular school district, the county 
 court shall have power, upon the petition of any person, to 
 transfer said colored children or wards of such person to an 
 adjoining district in the same county, or an adjoining district 
 in an adjoining county ; and, also, where a number of white 
 children or wards, not exceeding ten, reside in a particular 
 school district, the county court shall have power, upon the 
 petition of any person, to transfer said white children or 
 wards of such person to an adjoining district in the same 
 county, or an adjoining district in an adjoining county; and 
 said transfers under the last named proviso shall not destroy 
 the legality of such school districts, although the number of 
 children be reduced to a number less than thirty-five persons 
 of scholastic age ; and said petitioner shall at once notify 
 the county examiner of the county or counties and the di- 
 rectors of both districts. Act April 3, 1891. See sec. 6988. 
 
 It must be remembered that the right is a personal one and reaches no further 
 than the children or wards of the person asking it. It does not transfer the ten- 
 ants of the person nor any on'e living upon his estate. Tenants are not serfs and 
 may not be transferred nolens nolens upon the petition of the landlord. 
 
 The transfer can only be made to adjoining districts. The practice of trans- 
 ferring to distant districts not adjoining is pernicious and unlawful. 
 
 SEC. 7063. The directors of the district to which such 
 children have been transferred, at the time of the enumera- 
 tion shall include such children in the district to which they 
 have been transferred, and they shall not be enumerated in 
 the district where they reside. The district school tax of 
 such person shall be added to the school revenues of the 
 pistrict to which he has been transferred, and shall not be 
 included in the school revenues of the district where he re- 
 sides. 
 
 A transfer into a new district places the children and all the taxes for school 
 purposes of thn party transferred in the district to which said party transfers. 
 The party thus transferred can vote and hold office in said district, provided said 
 party is not transferred out of his own township. See following section. 
 
72 SCHOOL LAWS. 
 
 SEC. 7064. Any person who transfers his child, children 
 or wards and property to any district for educational pur- 
 poses, shall have the same right to vote in said district for 
 directors and tax as other electors have of the district to 
 which he is so transferred. Where such person is transferred 
 to a district out of his county, the county treasurer of the 
 county wherein he resides, shall open an account with the 
 district to which he is transferred, and his school taxes 
 shall be credited to the same and paid on the warrants of 
 the directors of the district to which he is transferred. 
 Provided, Any person transferring his property and children 
 to an adjoining school district, for educational purposes, 
 shall not have the right to vote for directors or tax out of 
 his county, and to vote only in the political township in 
 which he resides. ' Dec. 7, 1875, sec. j6 % as amended by act 
 March 30, 1883, sec. i. 
 
 SEC. 7065. The directors may permit a private school 
 to be taught in the district school house during such time 
 as the said house is not occupied by a public school, unless 
 they be otherwise directed by a majority of the legal voters 
 of the district. Act December 7, /#75, sec. 77. 
 
 SEC. 7066. The directors shall cause the public schools 
 in their districts to be closed on the days appointed for 
 public examination of teachers in their county, and also 
 cause the said school to be closed during the session of the 
 teachers institute ; Provided, Said schools shall not be closed 
 for a greater length of time than five days during any one 
 session of not more than five months. Act March 27, 1885. 
 
 By Act XXVII, approved March 5, 1895, so much of this section as relates 
 to public examinations is repealed. Teachers are not now required to attend 
 examinations unless they desire to obtain license to teach. No examination 
 and institute can be held at the same time. Teachers are required to attend an 
 institute of one week each year and cannot be charged for loss of time while 
 attending. See sec. 7073. 
 
 SEC. 7067. Directors and county examiners shall be ex- 
 
SCHOOL LAWS. 73 
 
 empt from working on roads and highways. Act December 
 7, 1875, sees. 77-79, cis amended by act March 23, i8gi. 
 
 SEC. 7068. Any director or other person whose duty it 
 may become to report to the county court the per cent, of 
 tax levied by any school district at an annual meeting, and 
 who shall neglect or refuse to do so in the manner and at 
 the time provided by law, shall be liable for all loss which 
 may be sustained by such failure and for all costs, and shall 
 be fined not less than ten nor more than fifty dollars. 
 
 SEC. 7069. Within fifteen days after any special tax 
 shall be voted by a school district at an annual meeting, it 
 shall be the duty of the directors to furnish the county 
 clerk with a certified list of all persons owning property in 
 the district liable to pay such special tax. 
 
 SEC. 7070. Any person whose duty it is to execute sec- 
 tions 7046, 7069 or 7084, and who shall fail to do so, shall 
 be fined not less than ten nor more than fifty dollars, and 
 the same shall be paid into the county treasury. Act March 
 if, 1881, sees. /, j and g. 
 
 TEACHERS. 
 
 SEC. 7071. Any person who shall teach in a common 
 school in this state, without a certificate of his qualification 
 and his license to teach, shall not be entitled to receive for 
 such services any compensation from- revenues raised by tax 
 or in any wise appropriated for the support of common 
 schools ; Provided, If his license expire by limitation during 
 any school, such expiration shall not have the effect to in- 
 terrupt his school, or to debar his claim against school 
 revenues for the payment of teacher's wages. 
 
 The right to teach is based upon an approved examination before a state 
 officer. Every teacher must show a certificate or not receive state revenue. 
 This includes all assistants. The assistant is a teacher and can only receive 
 compensation lawfully through the directors. No principal can draw a lump 
 salary from the school revenues to pay for either licensed or unlicenr ed assistants. 
 Each teacher must have a separate contract and draw his separate compensation. 
 
74 SCHOOL LAWS. 
 
 The treasurer is warranted in demanding the license and the contract before 
 paying any warrant ; and if such contract discloses the fact that the warrant is 
 drawn to cover the salary of an unlicensed teacher, it should not be paid. See 
 sees. 7052, 7051 and 7043. 
 
 The teacher must have a living license on the day he begins the actual work 
 of teaching. Having begun his school lawfully he may finish it, although his 
 license expires before the end of his term. This, however, does not preclude 
 the board of directors from demanding of each applicant a license which shall 
 cover the entire term provided for in the contract. 
 
 The district is entitled to the services of a teacher qualified under the law and 
 no act of the directors can bind the district to pay for the services of an 
 incompetent man. 
 
 Deval v. School District No. 3, Michigan Supreme Court Reports, 
 1889. 
 
 As elsewhere stated, all funds collected from taxes levied by school directors, 
 must be held subject to and paid out upon the orders of the directors of the dis- 
 trict. But the orders on such tax funds must be for the payment of debts legally 
 contracted and no others. Hence a board of directors cannot use any portion 
 of such special district taxes to pay a teacher who taught without having the 
 necessary certificate of qualifications. Directors are empowered to levy taxes for 
 the sole purpose of supporting or extending the terms of such schools, and such 
 only as the law contemplates. But the law does not contemplate or in any man- 
 ner recognize, schools taught by teachers who have no certificates, and no public 
 or special tax fund can, therefore, be used to pay any of the expenses of schools 
 so taught. Any other interpretation of the statute would be absurd, because if 
 the directors may ignore every other provision in respect to certificates, they may 
 ignore every other provision of the act, and levy taxes to pay the teachers of 
 writing schools, singing schools, or any other description of schools, however un- 
 like they may be to the public schools provided for in the statute. 
 Casey v. Baldridge, 15 ///., 65. 
 Wells v. People, 71 ///., 532. 
 
 Directors who pay a teacher who has not a certificate are personally liable for 
 the loss of school funds through their misuse of them. The school taught by a 
 teacher without a certificate is not a legal school ; and if, on that account, the 
 district loses its share of funds distributed by the trustees, the directors are further 
 liable personally for such loss. They are also liable to a fine for a failure to per- 
 form their duty under the law. 
 
 If directors employ a teacher who has not a certificate, as required by law, and 
 the treasurer knows the fact, even if the directors certify to his schedule, the 
 treasurer can not pay it. It would be a case of open violation of a positive re- 
 quirement of the law, and should not be overlooked. Known and palpable 
 fraud always vitiates. 
 
 Any interested tax-payer may enjoin the payment of a teacher who has no cer- 
 
SCHOOL LAWS. 75 
 
 tificate, or may stop the payment of a judgment in favor of such teacher, if ob- 
 tained by collusion with the directors. 
 
 Barrv. Deniston, 19 N. H., 170. 
 Noble v. Directors, 1 1 7 ///., 30. 
 
 If a teacher teaches for a while without a certificate and then gets one, the di- 
 rectors can not pay for the time taught without a certificate. Neither can they 
 pay him indirectly for such time by hiring him over at an advance in salary suffi- 
 cient to make up for the time taught before he got a certificate. Public officers 
 must not do indirectly what the law forbids them to do directly. 
 Wells v. People, 71 ///., 532. 
 
 Substitutes and assistants must have certiocates. The teacher employed as a 
 substitute for however short a time, must have a certificate of qualification, make 
 a schedule, and comply with all other requirements of the law, or the public 
 funds can not be used in payment of temporary services so rendered. One 
 teacher can not receive wages on the certificate of another, or in the name of 
 another teacher. 
 
 All assistant teachers, special teachers of writing, etc., included, in the public 
 schools, must have certificates of qualification from the county examiner there 
 is no exception to the emphatic requirements of the law in respect to certificates. 
 
 This opinion is grounded upon the plain object of the legislature in requiring 
 teachers to possess certificates; which can be none other than to secure the em- 
 ployment of teachers of approved character and ability a consideration of quite 
 as much moment in the case of assistant teachers, as any other. 
 
 It is held that the superintendent of city and village schools belongs to the 
 teaching force, and should, therefore, have a certificate of qualification in order 
 that he may draw his pay. 
 
 When the directors persist, in violation of law, in retaining a teacher who does 
 not hold a certificate, any tax-payer or patron of the school would be entitled to 
 an injunction to restrain the teacher or board from continuing the school. The 
 county superintendent can not take out an injunction in such a case. 
 Perkins v. Wolf, 17 la., 228. 
 Barrv. Deniston, 19 N. H. t 170. 
 
 SEC. 7072. Every teacher shall keep a daily register of 
 his school in the manner prescribed by law, and indicated 
 by the blank school register to be furnished by the directors 
 at the commencement of his school. 
 
 Directors cannot make the reports required by law without the information 
 contained in this register, and they should exact rigidly a compliance with the 
 requirements of this section. No teacher who refuses to comply with law or who 
 is unable to comply therewith should be retained as a teacher, and the proper 
 steps should be taken at oner to revoke his license. 
 
76 SCHOOL LAWS. 
 
 Directors must not draw warrant for last month's salary until this register is 
 completed for the term. 
 
 ACT XXVII. 
 
 SEC. 7073. An act to amend section 7073 of Sandels & 
 Hill's Digest. 
 
 SECTION 
 
 . I. Only teachers to be examined for position in public schools of any county 
 required to attend examinations in county. 
 
 2. Teachers in public schools shall attend county normal once a year. 
 
 3. Normal institute and quarterly examination shall not be held at same time. 
 
 4. No teacher attending either shall be charged with loss of time. 
 
 Be it enacted by the General Assembly of the State of Arkansas: 
 
 That section seven thousand and seventy-three of Sandels 
 & Hill's Digest be amended so as to read as follows : 
 
 Section I. It shall be the duty of only such teachers as 
 desire to be examined for license to teach in the public 
 schools of any county to attend any public examination for 
 teachers in said county. 
 
 Sec. 2. It shall be the duty of all the teachers of the 
 public schools to attend one institute annually, which shall 
 be held by the county examiner, after having given twenty 
 days' notice of the time and place of the institute in the 
 same manner as is now required by law for quarterly exam- 
 inations. 
 
 Sec. 3. No institute and quarterly examination shall be 
 held at the same time. 
 
 Sec. 4. No teacher, when attending a quarterly examina- 
 tion, or an institute, shall be charged for loss of time while 
 necessarily absent from his school to attend such examina- 
 tion or institute. 
 
 Approved March 5, 1895. 
 
 There is no way to avoid this duty, nor is it lawful for directors to encourage 
 teachers in a wilful violation of law. It is still worse when they try to force 
 teachers to do this by reservations in the contract. No teacher is bound by any 
 contract which requires him to violate the law. 
 
 Teachers must attend these institutes. This law only excuses them from the 
 examinations while they hold certificates. 
 
SCHOOL LAWS. // 
 
 SEC. 7074. No teacher employed in any of the com- 
 mon schools shall permit sectarian books to be used as a 
 reading or text-book in the school under his care. 
 
 The law leaves the discretion of reading or not reading the Bible with the 
 school boards, and the courts have uniformly refused to restrain, coerce or inter- 
 fere with this discretion. 
 
 Board of Education of Cincinnati v. Minor , 23 Ohio Stat., 211. 
 McCormich v. JSurt., Northwestern Reporter, Illinois Supplement, 
 Vol i,/. 340. 
 
 The use of any version of the Bible as a text-book in the public schools, and 
 the stated reading thereof in such schools by the teachers, without restriction, 
 although unaccompanied by any comment, was held by the supreme court of 
 Wisconsin in State v. Board of Education (76 Wis., 177), as having a tendency 
 to inculcate sectarian ideas, and such use enjoined. 
 
 It was held however that text-books founded upon the fundamental teachings 
 of the Bible, or which contain extracts th'erefrom, and such portions of the Bible 
 as are not sectarian, might be used in the secular instruction of the pupils and 
 to inculcate good morals. 
 
 This is the latest legal deliverances upon this important subject and deserves 
 the most careful study of all educators. 
 
 SEC. 7075. Any teacher who shall have complied with 
 the provisions of this act shall be paid from the first money 
 received into the county treasury to the credit of the district; 
 and his claim shall not be superseded by any subsequent 
 claim (u) ; and no money in the county treasury belonging 
 to any district shall, so long as there is any such claim filed 
 against the said district, be applied to any purposes what- 
 ever other than the payment of teachers' wages. Act De- 
 cember 7, 1875, sees. 80-84.. 
 
 SEC. 7076. No teacher shall be entitled to the last 
 month's pay for any school taught by him until he shall have 
 returned to the directors of the district in which such school 
 was taught the daily register furnished him, with all statisti- 
 cal work which teachers are by law required to perform, 
 perfected and complete, and no director shall otherwise issue 
 an order for such last month's pay. Act March //, 1881, 
 sec. 4.. 
 
 (u.) See sec. 7081. 
 
78 SCHOOL LAWS. 
 
 TRESPASS ON SCHOOL HOUSES, ETC. 
 
 SEC. 7077. Any person who shall wilfully destroy or in- 
 jure any building used as a school house, or for other edu- 
 cational purposes, or any furniture, fixtures or apparatus 
 thereto belonging, or who shall deface, mar or disfigure any 
 such building, furniture or fixtures, by writing, cutting, 
 painting or pasting thereon any likeness, figure, words or 
 device, without the consent of the teacher or other person 
 having control of such house, furniture, or fixtures shall be 
 fined in a sum double the value of any such building, furni- 
 ture, fixtures or apparatus so destroyed, and shall be fined 
 in a sum not less than ten nor more than fifty dollars for 
 each offense for writing, painting, cutting or pasting in any 
 such building, furniture or fixtures any such words, figures, 
 likeness or device, to be recovered by civil action in any 
 court of competent jurisdiction; and the punishment 
 provided in this section is in addition to, and not in lieu of, 
 the punishment provided by the statutes for such offenses 
 (v). .Act December 7, /#75, sec. 86. 
 
 SCHOOL WARRANTS (w] DISBURSEMENTS OF FUNDS, ETC. 
 
 SEC. 7078. It shall be unlawful for county collectors 
 and treasurers to purchase or otherwise be the owners of or 
 interested, directly or indirectly, in any school warrant 
 issued by any school director of the county in which they 
 reside. 
 
 SEC. 7079. The district school tax in each county may 
 be payable and receivable in the warrants drawn by the di- 
 rectors of the school district in which a school tax may be 
 levied by the county court. 
 
 SEC. 7080. It shall be the duty of the county treasurer 
 
 (>.) For an offense committed by insulting a teacher in the presence of his 
 pupils, see sec. 1539. For cutting, writing upon or defacing school-houses, see 
 sec. 1794. For disturbing schools, see sec. 1798. 
 
 (/.) The statute of limitations runs on school warrants. School District v. 
 C 'roomer, 52-454 ; School District v. Reeve, 56-68. 
 
SCHOOL LAWS. 79 
 
 of each county to keep in his office a suitable anc) well- 
 bound book, in which he shall register by number and in 
 the order of presentation all district school warrants that 
 may be presented to him ; this registration to be made be- 
 fore the warrant is paid, and it shall show the date of the 
 presentation of the warrant, by whom drawn, on what dis- 
 trict and in whose favor, and for what purpose drawn, the 
 amount and date of the warrant, date of payment, and to 
 whom paid ; and said book shall at all times be subject to 
 the inspection of any tax-payer (x). 
 
 SEC. 7081. It shall be the duty of the county treasurers, 
 immediately upon the receipt by them of any school funds, 
 to give notice of the amount and kind of funds received, 
 and from what source received, by written or printed no- 
 tices put up in two public places in each and every school 
 district and at the court-house door, and the funds so re- 
 ceived shall be paid out pro rata on the warrants registered 
 in accordance with the provisions of the preceding section 
 (y) > Provided, Application for such payment is made within 
 thirty days from the giving of the notice herein required. 
 
 SEC. 7082. Any officer failing to comply with the re- 
 quirements of this act for each and every offense, shall be 
 subject to indictment, and, if found guilty, shall be punished 
 by a fine of not less than five hundred dollars and by con- 
 finement in the penitentiary of the state for a period not 
 less than three nor more than twelve months. 
 
 SEC. 7083. Any director who shall fraudulently issue 
 any school warrant shall be guilty of a misdemeanor, and, 
 upon conviction, shall be subject to the penalties enum- 
 erated in the preceding section. Act May 2J, 1874.. 
 
 SEC. 7084. The county treasurer shall, on or before the 
 first day of September each year, forward to the superin- 
 
 (.*.) The legislature may relieve the treasurer and his bondsmen from liability 
 for school funds. Pearson v. State, 56-148. 
 (y.) See sec. 6993. 
 
8O SCHOOL LAWS. 
 
 tendent of public instruction a certified statement showing 
 the amount, in kind, of public school funds received by 
 him ; from what sources they were received ; how and for 
 what purposes they have been disbursed, and what amount, 
 in kind, remains in the treasury. Act March //, iS8i, sec. 8. 
 
 SEC. 7085. The order of any board of directors, prop- 
 erly drawn after the passage of this act, other than those of 
 single school districts in cities and towns, shall be presented 
 to the treasurer of the proper county within sixty days 
 after it was drawn by the said board of directors. All 
 such orders shall be paid in the order of their presentation 
 (2). Act March 21, 1885, sec. i. 
 
 SEC. 7086. If there are no funds with which to pay such 
 order, the treasurer, shall indorse the same : "Not paid for 
 want of funds," giving the date and signing his name officially. 
 He shall number and record each warrant in the book pro- 
 vided for such purpose, keeping a separate record for each 
 district, and shall pay said warrants in the order of their 
 number. Act March 21, 1885, sec. 2. 
 
 VIOLATION OF SCHOOL LAWS DUTY OF PROSECUTING ATTOR- 
 NEYS. 
 
 SEC. 7087. The prosecuting attorney of each judicial 
 district shall, upon being satisfied that any violation of the 
 school laws of this state has been committed by any officer 
 or person, in any county of his district, which renders such 
 officer or person so offending liable to any fine, pain, penalty 
 or forfeiture for damage, without delay, institute in any 
 court of competent jurisdiction such proceeings as are 
 necessary to bring such offender to trial, and secure to the 
 county school district, or person damaged by such violation, 
 the benefits and reliefs to which each or any of them may 
 be entitled ; and for such services the prosecuting attorney 
 shall be allowed the same compensation as he is allowed in 
 
 (0.) See School District v. Reeve, 56-68. 
 
SCHOOL LAWS. 8 1 
 
 cases of misdemeanor, which shall be assessed against such 
 offender as cost. Act March //, 1881, sec. 10. 
 
 SPECIAL ACT FOR THE REGULATION OF PUBLIC SCHOOLS IN 
 CITIES AND TOWNS. 
 
 SEC. 7088. Any incorporated city or town in this state, 
 including the territory annexed thereto for school pnrposes, 
 may be organized into and established as a single school 
 district in the manner and with the powers hereinafter speci- 
 fied. Act February 4., 1869, sec. i. 
 
 SEC. 7089. Upon the written petition of twenty voters 
 of such city or town, praying that the sense of the legal 
 voters of said city or town may be taken on the adoption of 
 this act for the regulation and government of the public 
 schools therein, it shall be the duty of the mayor of such 
 city or town, within five days after the presentation of such 
 petition, to designate and fix a day, not less than seven nor 
 more than fifteen days distant, for holding an election in 
 said city or town for that purpose and also for the election 
 by ballot, at the same time, of a board of six school directors 
 for said city or town. 
 
 . SEC. 7090. The mayor shall cause notice of said election 
 to be given by posting notices in at least five public places 
 in said city or town, and by one insertion in such newspa- 
 pers as may be published in said city or town. The electors 
 at said election desiring to vote in favor of the adoption 
 'of this act shall have written or printed on their ballots, 
 "For the school law," and those opposed thereto shall have 
 written or printed on their ballots, "Against the school law ;" 
 and, if a majority of the ballots cast at said election shall be 
 "For school law," then, and in that case only, shall such 
 city or town be deemed and held to be a single school dis- 
 trict under and in pursuance of this act, and the directors 
 voted for and elected at said election shall qualify and enter 
 
 S-6 
 
82 SCHOOL LAWS. 
 
 upon the discharge of their duties as hereinafter provided. 
 /#., part sec. 2. 
 
 SEC. 7091. On the third Saturday in May, 1893, and an- 
 nually thereafter, an election shall be held at the usual vot- 
 ing place in each ward of all incorporated towns and cities 
 heretofore organized into single or special school districts, 
 for the election of two directors, who shall serve for three 
 years, and until their successors are elected and qualified. 
 The ballot of the voter, in addition to the names of the per- 
 sons voted for as directors, shall have written or printed on 
 it the words "for tax" or "against tax," and the rate the 
 voter desires levied ; Provided, In incorporated towns and 
 cities of the second class, the election may be held at one or 
 more of the voting places therein, and not in each ward, if 
 the board of directors shall so direct by notice posted "in 
 three public places in said city or town ten days before the 
 election designating the place or places at which said elec- 
 tion shall be held. 
 
 SEC. 7092. Said election shall be held by the judges ap- 
 pointed to hold the municipal elections in said city or town 
 next preceding the said election, for the ward or wards in 
 which said school election may be held. The judges at each 
 voting place shall appoint two clerks, and each judge and 
 clerk shall take the oath required by law, and shall receive 
 for their services the sum of one dollar each, to be paid out 
 of the school fund of the district on the order of the board 
 of directors, 
 
 The four preceding sections are to determine whether the special act for the 
 regulation of public schools in cities and towns shall be adopted. They are 
 preliminary to organisation. They require the following modus operandi : 
 
 1. A written petition of twenty voters asking that the sense of the legal 
 vote's be taken on the adoption of the act. 
 
 2. The mayor must fix within five days from the presentation of said peti- 
 tion a day for said election. 
 
 3. Said election shall be not less than seven nor more than fifteen days from 
 the date of the proclamation. 
 
 4. Said election shall also determine by ballot a board of six directors. 
 
SCHOOL LAWS 83 
 
 5. The mayor must promulgate the election notices by posting and by print 
 ing should there be a paper. 
 
 6. The electors must vote by ballot and as prescribed. 
 
 7. A majority of all the votes cast are necessary to make said city or town 
 a single school district. 
 
 8. A majority of all the votes cast is also necessary to elect each of the six 
 directors. It results that the special act may be legally adopted and all or some 
 part of the directory fail of an election. This failure will not affect the adoption 
 of the special act, but said city or town will be a single school district with a 
 vacancy or vacancies in the director/. 
 
 The following act provides how all vacancies on boards in special school dis- 
 tricts are filled : 
 
 ACT LVI. 
 
 AN ACT to give notice of election in special school dis- 
 districts and fill vacancy in school board. 
 
 SECTION 
 
 1. Notice of annual election to be given fifteen days prior to election. How. 
 
 2. Provides for filling vacancy on board. 
 
 3. Repeals all laws in conflict. Act takes effect from passage. 
 
 Be it enacted by the General Assembly of the State of Arkansas: 
 
 SECTION i. When any special school district has been 
 organized as provided by law, the board of directors shall 
 give notice of each annual election at least fifteen days pre- 
 vious to such election, by posting notices in at least five pub- 
 lic places in said district. 
 
 SEC. 2. That if the office of director in any special 
 school district shall become vacant, the remaining directors 
 of said district shall elect a director to fill such vacancy, who 
 shall serve until the next annual election for school directors, 
 at which time all vacancies, shall be filled by the electors 
 for the unexpired term. 
 
 SEC. 3. That all laws and parts of laws in conflict with 
 this act be and are hereby repealed, and that this act take 
 effect and be in force from and after its passage. 
 
 Approved March 26, 1895. 
 
 SEC. 7093. The judges shall cause the polls to be opened 
 at nine o'clock and closed at sunset. 
 
84 SCHOOL LAWS. 
 
 SEC. 7094. If any of the regular judges shall fail to ap- 
 pear by ten o'clock, the assembled voters, net less than ten 
 in number, shall select other judges in their places. 
 
 SEC. 7095. If the election shall be held in all the wards 
 of the city or town, each voter shall vote in the ward where 
 he resides ; Provided, Voters residing in any part of the 
 district not embraced in any ward may vote at any place he 
 may deem most convenient. 
 
 SEC. 7096. The returns of said election shall be made to 
 the county clerk, who shall forthwith deliver a certificate of 
 election to each of the persons elected directors. 
 
 SEC. 7097. He shall also declare the result of the votes 
 for and against tax, and certify the same to the county court 
 on the first day of the term fixed by law for levying county 
 taxes ; and the rate of taxes so certified shall be levied by 
 the court as other school taxes. 
 
 SEC. 7098. Each person elected director shall take the 
 oath of office within five days after receiving a certificate of 
 election, which shall be filed with the county clerk, and 
 thereafter during his term of office no further oath nor affi- 
 davit shall be required of him in the discharge of his official 
 duties. 
 
 SEC. 7099. The provisions of chapter Ivii shall have 
 no application to the elections herein provided for. Act 
 April 10, 1893, sees, i 7. 
 
 SEC. 7100. Said board of directors shall organize by 
 choosing from their own number a president and secretary, 
 who shall hold their offices until the last Saturday in May, 
 and annually, on that day, said board shall meet and elect 
 from their number a president and secretary. Act March 
 21, 1885, sec. 2. 
 
 SEC. 7101. Said board of directors shall hold a regular 
 meeting on the last Saturday in each month, and may hold 
 stated meetings at such other times and places in said dis- 
 trict as they may appoint ; four members of said board shall 
 
SCHOOL LAWS. 85 
 
 constitute a quorum, but a less number may adjourn from 
 time to time; special meetings thereof may be called by the 
 president, or by any two members of the board, on giving 
 one day's notice of the time and place of the same, and, in 
 case of the absence of the president, a president pro tern- 
 pore shall be chosen. The office of any member of said 
 board, as such, who shall, without good cause, fail to attend 
 three consecutive monthly or stated meetings of said board, 
 may be declared vacant by the board. The board may make 
 rules and regulations for their own government and for the 
 dispatch and regulation of the school business and affairs of 
 the district, not inconsistent with law. Act February ^, 1869, 
 sec. 4.. 
 
 SEC. 7102. Said board of directors shall have power to 
 purchase or lease school house sites, to build, hire or pur- 
 chase school houses, and to keep in repair and furnish the 
 same with the necessary seats, desks, furniture, fixtures and 
 fuel, and to insure the same; to fence the school grounds, 
 erect out-houses, provide wells, and make all other improve- 
 ments on the school house grounds and school houses be- 
 longing to said district necessary and proper for the comfort, 
 convenience and health of the scholars, and the preservation 
 of said property ; to hire teachers for all public schools of 
 the district (a a), employ a superintendent of the schools (bb), 
 who may also be principal of any graded or high school 
 that said board may establish ; to provide books and appa- 
 ratus for the schools, and the necessary blank books and 
 stationery for the board, and school registers and the blanks 
 for the teachers ; to establish and maintain a sufficient num- 
 ber of primary, graded or high schools to accommodate all 
 
 (aa,] See School District v. Maury, 53-47 r. 
 
 (bb.) The power to employ a superintendent is not limited to the term of 
 office of the board. Gates z\ School District, 53-468. 
 
 In a suit for salary after unlawful discharge, for liability of board and measure 
 of damages, see Gates v. School District, 57-370. 
 
86 SCHOOL LAWS. 
 
 the scholars in said district (cc)\ to determine the branches 
 to be taught and the text-books to be used in the several 
 schools of the district (dd}\ to admit pupils not belonging 
 to the district on such terms as they may agree upon with 
 the parents or guardians of said pupils, or the district from 
 whence they carne ; to appoint a board of three visitors and 
 examiners for the schools of the district, which board shall 
 examine persons applying to teach in any of the schools in 
 said district ; Provided, No teacher shall be employed who 
 does not hold a certificate from the state superintendent or 
 county examiner ; to examine, from time to time, the books 
 and accounts of the county treasurer, so far as the same re- 
 late to the several school funds belonging to the district ; 
 and when, in the opinion of a majority of the members of 
 said board, the best interests of the district demand a sale 
 or exchange of any real estate or school-house site belong- 
 ing to the district, they may sell or exchange the same, the 
 deed therefor to be executed by the president of the board 
 upon a majority vote of the whole board of directors au- 
 thorizing and directing such sale or exchange. lb., sec. 5. 
 
 This section does not authorize the directors to substitute their examination 
 for that of the examiner. The examiner's rights are superior to those of the di- 
 rectors. He should examine under his oath, and license or refuse to license as 
 his judgment decides, and is not accountable to any board of directors. Nor 
 should he hold his examination in connection with the examination of the board. 
 His work should be entirely separate from their work. They have the right to 
 examine, but not to interfere in any particular with the examiner's work. Any 
 regulation of a board of directors which requires the examiner's certificate to be 
 granted only after an examination of city teachers in the presence of examiners 
 appointed by the board is absolutely nugatory so far as the county examiner is 
 concerned. His examinations should be separate from and entirely free from 
 supervision of city examiners. 
 
 EXACTION OF FEES. 
 
 Under the constitution of Georgia, providing that public schools shall be free 
 
 (cc.) But no tax for any purpose can now be levied by the county court with- 
 out a vote of the electors of the district. Article 14, section 3, Const.; Cole v. 
 Blackwell, 38-271. 
 
 (dd.} See sees. 6975, 7046. 
 
SCHOOL LAWS. 8/ 
 
 to all children, a municipal public school established under a local act cannot 
 exact incidental fees from resident scholars. 
 Irvin v. Gregory, 86 Ga., 605. 
 
 The following opinion of the attorney general should be carefully considered : 
 
 " In answer to your inquiries, I have the honor to say that, in my opinion, sec- 
 tion 7043 applies as well to special or single school districts as to ordinary com- 
 mon school districts. 
 
 "I am also of opinion that it applies to the superintendent of schools in such 
 special districts, provided he is to act as a teacher; otherwise not. 
 
 "I am also of the opinion that said section is mandatory upon the directors; 
 but I do not believe, or mean to be understood as saying, that a verbal contract 
 made with a qualified teacher would be void because not in writing." 
 
 The following decision of the supreme court interprets the law very clearly : 
 
 REMOVAL OF A TEACHER FOR INCOMPETENCY. 
 
 Under sections 7102 and 7103, which enjoin the board of school directors to 
 hire suitable teachers ; to enforce all necessary rules for the government of teach- 
 ers and pupils; and to visit the schools and observe the discipline and progress 
 of the pupils, the board hns the power to remove a teacher for incompetency 
 and for immorality; and the fact that the teacher has been- duly licensed by the 
 county examiner, and that the latter has failed to revoke the license as he is em- 
 powered to do by section 7013, is not conclusive on the board as to the compe- 
 tency or morality of the teacher. 
 
 See Dist. of Fort Smith v. Mansy, 53 Ark., 471. 
 
 The fact that the board has tolerated the teacher's misconduct and inefficiency 
 for a time does not operate as a waiver of its right to discharge him therefor, as 
 the teacher's undertaking to perform his duty in a moral and skilful manner is 
 assumed for the benefit of the school, its pupils, and patrons, and not for the 
 benefit of the board. 
 
 School District of Port Smith v. Mansy, 53 Ark., 471. 
 
 The following decision is so sound that it is introduced here as a guide to di- 
 rectors of this state : 
 
 " Non-residents. In a local statute authorizing the establishment of pub- 
 lic schools in a town, a provision that the local board may admit pupils not 
 residents of the town on such terms as the board may prescribe, does not per- 
 mit the board to prescribe terms which would cast upon the town or its inhab- 
 itants any part of the expense of educating non-resident pupils. Such pupils 
 can not be received at a less rate per scholar than the inhabitants of the town 
 pay by taxation for their children, nor can they be received at all to the exclu- 
 sion of resident children who would otherwise attend." 
 Irvin v. Gregory. 86 Ga., 605. 
 
 SEC. 7103. It shall be the duty of said board, as soon as 
 the means for that purpose can be provided, to establish in 
 
88 SCHOOL LAWS. 
 
 said district an adequate number of primary schools, so lo- 
 cated as best to accommodate the inhabitants thereof; and 
 it shall be the further duty of said board to establish in said 
 district a suitable number of other schools of a higher grade 
 or grades, wherein instruction shall be given in such studies 
 as may not be provided for in the primary schools ; the 
 number of schools, the grades thereof, and the branches to 
 be taught in each and all of said schools to be determined 
 by said board. It shall be the duty of said board to keep 
 said schools in operation not less than three nor more than 
 ten months in each year. The said board shall have power 
 to make and enforce all necessary rnles and regulations for 
 the government of teachers and pupils in said schools. Said 
 board shall also, separately or collectively, together with 
 such persons as they may appoint or invite, visit the schools 
 in the district at least twice in each year, and observe the 
 discipline, mode of teaching, progress of the pupils, and see 
 that the teachers keep a correct register of the pupils, em- 
 bracing the periods of time during which they attend school, 
 the branches taught, and such other matters as may be re- 
 quired by law or by the instructions of the state superin- 
 tendent. Ib,, sec. 6. 
 
 SEC. 7104. No draft or warrant shall be drawn on the 
 county treasurer, except in pursuance of an order of said 
 board ; all drafts or warrants on the treasurer shall be signed 
 by the president, or president pro tempore, and the secretary, 
 and shall specify the fund on which they are drawn and the 
 use for which the money is assigned. Ib., sec. 8. 
 
 SEC. 7105. The secretary shall record all the proceed- 
 ings of the board in books kept for that purpose ; shall make 
 and preserve copies of all reports required by law to be 
 made to the state superintendent of public instruction or 
 county examiner ; shall file all papers transmitted to him 
 pertaining to the business of the district; shall make, or 
 cause to be made, the annual enumeration of the youth of 
 
SCHOOL LAWS. 89 
 
 the district in the time and manner required by law of school 
 directors, and shall perform such other duties as the board 
 of directors may order and direct ; and for his services may 
 be allowed reasonable compensation, to be audited and al- 
 lowed by a majority of said board. The other members of 
 said board shall receive no compensation for their services. 
 Ib. t sec. p. 
 
 SEC. 7106. The title of all real estate and other prop- 
 erty belonging, for school purposes, to any city or town or- 
 ganized into a separate school district under this act, shall 
 vest, and hereby is vested, in said city or town, as a school 
 district, and shall be under the management and control of 
 the board of school directors for said district as fully and 
 completely as other school property belonging to said dis- 
 trict. Ib., sec. 10. 
 
 SEC. 7107. All school districts formed under and gov- 
 erned by this act shall be known by the name of the city 
 or town constituting the district, with the words " School 
 District of" prefixed thereto (as, for example, " School 
 District of Little Rock " ) ; and by such name, may sue and 
 be sued, contract and be contracted with, purchase, acquire, 
 hold and sell property, receive gifts, grants and bequests, 
 and generally shall possess and enjoy all the corporate 
 powers usually possessed by bodies corporate of like char- 
 acter. The style of the board of directors for school dis- 
 tricts under this act shall be "Board of School Directors." 
 Ib., sec. ii. 
 
 SEC. 7108. The board of school directors of any dis- 
 trict organized under this act shall pay and discharge all 
 debts and liabilities lawfully incurred by the several school 
 districts existing under previous law and embraced in the 
 district organized under this act. Ib., sec. 12. 
 
 SEC. 7109. Any person elected a director under the pro- 
 visions of this act who shall fail to take the oath of office 
 and qualify as herein required, or who, after qualifying as 
 
9O SCHOOL LAWS. 
 
 such director, shall fail to perform and discharge the official 
 duties incumbent upon him as a director, shall be liable to 
 the same penalties that now are or may be hereafter pro- 
 vided by law against directors of school districts for failing 
 or refusing to qualify, or for neglect of official duty. Ib., 
 sec. ij. 
 
 SEC. 7110. The board of directors may fix the term of 
 office and define the duties of the board of visitors and ex- 
 aminers of the public schools in their district, and any per- 
 son appointed by the board of directors a member of said 
 board of visitors and examiners who shall refuse to act as 
 such, and discharge the duties pertaining to such position, 
 shall forfeit and pay to said district the sum of twenty-five 
 dollars, to be recovered in civil action in the name of said 
 district, and added to the teachers' fund belonging to said 
 district. Provided, No person shall be compelled to serve 
 in that capacity more than three consecutive years. Said 
 board of visitors and examiners shall receive no compensa- 
 tion for their services. Ib., sec. 14. 
 
 SEC. 7111. All school districts organized under this act 
 shall have and receive their full proportion and distribu- 
 tive share of the general school fund of the state, in the 
 same manner and according to the same rule as it is or may 
 be apportioned to other districts. Ib., sec. 75. 
 
 SEC. 7112. It shall be the duty of the state superinten- 
 dent and county examiners to make such suggestions and 
 recommendations to the board of directors in relation to or- 
 ganizing and conducting the public schools in the districts 
 organized under this act as they shall deem important. 
 
 SEC. 7113. The provisions of the general school laws of 
 the state which are now or may hereafter be in force, when 
 not inapplicable, and so far as the same are not inconsistent 
 with and repugnant to the provisions of this act, shall apply 
 to districts organized under this act ; and such provisions 
 of said laws as are inconsistent with and repugnant to the 
 
SCHOOL LAWS. 9 1 
 
 provisions of this act and inapplicable to districts organized 
 thereunder, shall have no operation, force or effect in such 
 districts. The county court shall annex contiguous terri- 
 tory to single school districts under the provisions of this 
 act, when a majority of the legal voters of said territory 
 and the board of directors of said single district shall ask, 
 by petition, that the same shall be done. Ib., sees. 16 and 77. 
 
 II SCHOOL LANDS (ee). 
 
 SEC. 7114- Whenever the inhabitants of any congres- 
 sional township in this state shall desire the sale of the six- 
 teenth section of such township, or of any lands substituted 
 therefor, or any which have been or may be mortgaged to 
 the state of Arkansas for the use of the school fund, which 
 after foreclosure and sale have been stricken off to the state 
 of Arkansas ; they may, by written petition, signed by a ma- 
 jority of the male inhabitants of such township, require the 
 collector of taxes of the county wherein such land is situ- 
 ated to sell the same. Act April 14., 1893. 
 
 SEC. 7115. Upon the reception of such petition, the col- 
 lector shall ascertain that it is signed by a majority of the 
 male inhabitants of such township and shall immediately 
 proceed to divide the land into. forty-acre tracts, and after 
 making such division, a statement or plat of the same and a 
 number of each tract shall be made so that the boundaries 
 may be defined and ascertained, which statement or plat of 
 the sections shall be used as a guide in advertising and sell- 
 ing said lands. Provided, The collector may, when necessity 
 requires it, call the county surveyor of his county to assist 
 in such survey and division, and he shall be allowed and paid 
 
 (ee.) Directors can confer no authority to cut timber on school lands, and one 
 who does so by their authority, under an agreement with them to pay the value, 
 commits a trespass for which he may be sued by the state. Widner v. State, 
 49-172. The legal title to school lands is in the state, and a school district can 
 not maintain an action for such lands. Ib.; -School District v. Driver, 50-346. 
 See State v. Morgan, 52-150. 
 
92 SCHOOL LAWS. 
 
 out of the funds arising from the sale of such school lands 
 by said collector such compensation as he is allowed by 
 law for similar services, and the receipts of such surveyor 
 to said collector shall be a sufficient voucher for the money 
 so paid. 
 
 SEC. 7116. In subdividing the sixteenth section lands 
 for sale, no tract shall contain more than forty acres, and 
 the division may be made into town or city lots with roads, 
 streets or alleys between them. 
 
 SEC. 7117. The collector shall cause each tract or sub- 
 division of such school land to be appraised at a fair value 
 by three disinterested householders of the county, each of 
 whom shall take an oath which shall be indorsed upon the 
 appraisement that he does not desire or intend to buy said 
 land or any part thereof, and that he will not directly or in- 
 directly be or become interested in the purchase thereof at 
 the sale to be made by the collector; such appraisement 
 shall be returned to the collector. 
 
 SEC. 7118. The collector shall then give notice that he 
 will sell the said school lands at the court-house door of the 
 county on the first day of the next term of the county court 
 upon the terms prescribed by law. Such notice shall be 
 published in some newspaper published in the county where 
 the land is situated at least four weeks before the day of 
 sale. If there be no newspaper published in said county, 
 then the collector shall post up written notices in at least six 
 of the most public places of the county four weeks before 
 the day of sale. 
 
 The collector shall also in either case put up a copy of the 
 notice upon the school house situated on the land, if there 
 be one thereon ; if not, at the most public place on the 
 land. 
 
 SEC. 7119. Upon the day of sale the collector shall offer 
 the lands at public auction in separate subdivisions, begin- 
 ning with number one and' ending with the last mentioned 
 
SCHOOL LAWS. 93 
 
 division. Such sale shall be made between the hours of 12 
 m. and 3 p. m., but may be continued from day to day at the 
 same place and between the same hours until all have been 
 sold or offered. The sale shall be made for cash. If any 
 bidder shall fail to perfect his bid by paying the cash, the 
 collector shall immediately resell the land and the bidder 
 shall be responsible for the difference between his bid and 
 the price at which the land sold, which may be recovered 
 'from hfm by the collector, in action for the use of the town- 
 ship, and the collector shall, if necessary, at once institute 
 suit against such bidder to recover the amount of difference 
 between his bid and the price at which the land sold. No 
 tract or such division shall be sold for less than three-fourths 
 of its appraised value. Provided, No tract or subdivision 
 of the sixteenth section lands shall be sold at a less price 
 than one dollar and twenty-five cents per acre. If any tract 
 offered is not sold it may be offered again upon like notice, 
 upon the first day of the next, or any succeeding term of the 
 county court, and so on until sold without a new petition. 
 
 SEC. 7120. The collector shall, without delay, report all 
 sales to the county court, which may reject or confirm the 
 same. If any sale be rejected, the county court may direct 
 the collector to again advertise and offer the land, and may 
 specify the minimum price at which the tract or tracts may 
 be sold, not to be less than two-thirds of its appraised value. 
 Provided, No tract or subdivision of the sixteenth section 
 lands shall be sold at a less price than one dollar and twenty- 
 five cents per acre. If the sale be confirmed by the county 
 court the collector shall execute and deliver to the purchaser 
 a certificate in the following form : 
 
 I, collector in and for the county of 
 
 , state of Arkansas, certify that 
 
 has purchased of section , in township 
 
 .range , containing acres 
 
 at $ dollars per acre, and has paid to me in full 
 
94 .SCHOOL LAWS. 
 
 the. sum of $ dollars. The expense of the sale 
 
 was : 
 
 Cost of advertising, $ 
 
 Cost of order of confirmation, $ 
 
 Cost of rejection of prior sale, $ 
 
 Surveyor's fee (if any), $ 
 
 Collector's commission, per cent., $ 
 
 Leaving a net balance of $ in my hands due 
 
 the sixteenth (i 6) section fund account of this county. 
 
 Now, therefore, upon the presentation of this certificate to 
 
 the commissioner of state lands, the said 
 
 his heirs or assigns, shall be entitled to a deed from said 
 commissioner of state lands for the tract or land above 
 described. 
 
 Collector of county. 
 
 In all cases proper orders of confirmation or rejection 
 shall be entered on record by the county court. 
 
 SEC. 7121. Out of the money received by the collector 
 for the sale or sales of the sixteenth section lands, he shall 
 pay the cost of advertising, cost of confirmation order, cost 
 of rejection of sale (if any), surveyor's fees (if any), and he 
 may retain for his services two percent, of the gross amount 
 received by him for the sale of such land ; the residue of 
 the money received for the sale of said land, after deducting 
 the expenses as are above provided for, he shall at once 
 transmit to the treasurer of state, who shall place the amount 
 to the credit of the county's sixteenth section fund to which 
 it rightfully belongs. 
 
 SEC. 7122. The county clerks of the several counties in 
 this state shall examine carefully and closely the tax books 
 of their respective counties and ascertain what person or 
 persons are paying taxes on any part or parts or the whole 
 of the sixteenth section lands, and it shall be the further 
 duty of the county clerks after ascertaining from the tax books 
 
SCHOOL LAWS. 95 
 
 the names of any person or persons paying taxes on any of 
 the sixteenth section lands, and the numbers of said lands, 
 to examine the record of deeds and find by what authority 
 and whether any title or titles vest in said person or persons 
 in whose name or names said lands are assessed, and shall 
 on or before the first Monday in September, eighteen hun- 
 dred and eighty-five, make and forward to the commissioner 
 of state lands a full and complete statement of the exact 
 status and condition of all of the sixteenth section lands in 
 their respective counties. The county clerks shall be al- 
 lowed the sum of forty dollars each for their services in 
 making this report, and it shall be paid to them by their 
 respective counties. 
 
 SEC. 7123. The county clerks of th'e several counties in 
 this state shall keep in a well-bound book, provided for that 
 purpose, correct and accurate accounts with each and every 
 township in their several counties, which may be entitled to 
 any of the funds under this act, and shall immediately after 
 each and every sale of any part of said sixteenth sections 
 certify to the auditor of state the amount of moneys received 
 by such collectors on account of such sales, and the auditor 
 shall thereupon charge the same to such collector. 
 
 SEC. 7124. A neglect, failure or refusal by any county 
 clerk to perform any and all duties e'njoined upon him by the 
 provisions of this act, shall be deemed a misdemeanor, and, 
 upon conviction thereof, such clerk shall be fined in any sum 
 not less than one hundred dollars, nor more than five hundred 
 dollars, for each offense, and may be removed from office. 
 
 ACT LX. 
 
 AN ACT to amend section 7114 of Sandels & Hill's Digest 
 of the Statutes of Arkansas and for other purposes. 
 
 SECTION 
 
 1. Sixteenth section or equivalent lands may bs sold upon petition of major- 
 
 ity of voters. 
 
 2. Sheriff vested with powers of collector for purposes of this act. 
 
 3. Repeals laws in conflict. Act takes effect from passage. 
 
96 SCHOOL LAWS. 
 
 Be it enacted by the General Assembly of the State of Arkansas: 
 
 SECTION I. Whenever the inhabitants of any congres- 
 sional township in this state shall desire the sale of the six- 
 teenth section of such township, or of any lands substituted 
 therefor, or any which have been or may be mortgaged to 
 the state of Arkansas for the use of the school fund, which 
 after foreclosure and sale have been stricken off to the state 
 of Arkansas, they may, by written petition signed by a ma- 
 jority of the adult male inhabitants of such township, require 
 the collector of taxes, or if there be no collector, then the 
 sheriff of the county wherein such land is situated, to sell 
 the same. 
 
 SEC. 2. That for the purpose of making sales of any of 
 the lands mentioned in the preceding section, the sheriff is 
 hereby vested with all powers now conferred by law upon 
 collectors. 
 
 SEC. 3. That all laws and parts of laws in conflict here- 
 with are hereby repealed, and this act take effect and be in 
 force from and after its passage. 
 
 Approved March 26, 1895. 
 
 HOUSE MEMORIAL NO. I. 
 
 Resolved by the Senate arid House of Representatives of the 
 
 State of Arkansas : 
 
 That our senators in congress be instructed and our rep- 
 resentatives requested to use all their influence with the con- 
 gress of the United States so as to change and modify the 
 compact entered into between the United States and the 
 state of Arkansas with regard to the " sections of land num- 
 bered sixteen in every township," and when such section 
 has been sold or otherwise disposed of, other lands equiva- 
 lent thereto, and as contiguous as may be "and granted to 
 the state for the use of the inhabitants of such township for 
 the use of the schools," so that the said lands or any funds 
 now on hand derived from the sale or lease of same may be 
 apportioned by the state to common school purposes for the 
 
SCHOOL LAWS. 97 
 
 promotion of education in said state. And that the governor 
 transmit to our senators and representatives, respectively, a 
 a copy of this resolution. 
 Approved March 26, 1895. 
 
 COLLECTION OF CLAIMS DUE COMMON SCHOOL FUND. 
 
 SEC. 7125. The attorney general of the state of Arkan- 
 sas is authorized and instructed to employ competent attor- 
 neys residing in the counties in which the lands are situated 
 to collect all claims and notes due the school fund arising 
 from the sale of the sixteenth section lands. Before taking 
 charge of any such notes or claims, each of said attorneys 
 shall be required to give bond for the faithful keeping, col- 
 lecting and accounting for same, as provided for in this act, 
 in double the sum of the amount supposed to come into his 
 hands, and such security as shall be approved by the circuit 
 judge of the judicial circuit in which said attorney resides, 
 and such bond when approved shall be filed with the com- 
 missioner of state lands, and the commissioner of state lands 
 shall, when such bond has been filed with him, turn over, or 
 cause to be turned over to the said attorney all notesand claims 
 due the school fund pertaining to the sixteenth section lands. 
 Said attorneys may retain, as fees for collection, ten percent, 
 of the gross amount collected by them under the provisions 
 of this act (ff). The remainder of said gross amount, after 
 deducting their fees, as above provided for, shall be by said 
 attorneys transmitted without delay to the treasurer of state, 
 who shall place the same to the credit of the sixteenth sec- 
 tion fund of the county to which it rightfully belongs, and 
 said attorneys shall prepare and forward to the commissioner 
 of state lands a statement for each and every collection 
 made by them, setting forth the name of the maker of the 
 note or claim, the date of same, the dates of all previous 
 payments (if any) made on such note or claim. 
 
 See Wallace v. State, 54-611. 
 
 S 7 
 
98 SCHOOL LAWS. 
 
 SEC. 7126. All moneys paid into the state treasury aris- 
 ing from the sale or the collection of notes and claims per- 
 taining to the sixteenth section lands, shall be by the state 
 treasurer placed to the credit of the county's sixteenth sec- 
 tion fund, to which said moneys may rightfully belong, and 
 the treasurer of state shall, for each payment to him on ac- 
 count of the sixteenth section fund, issue triplicate receipts, 
 one of which receipts shall be filed with the auditor of state, 
 one filed with the commissioner of state lands and one given 
 to the party making payment. 
 
 SEC. 7127. The treasurer of state shall, by and under 
 direction of the board of commissioners of the common 
 school fund, as soon as practicable after the receipt of any 
 moneys paid into the state treasury on account of the six- 
 teenth section fund, invest the same in either United States 
 bonds or bonds of the State of Arkansas, and as interest 
 accrues on said investment he shall collect the same and 
 place to the credit of the respective counties' sixteenth sec- 
 tion fund accounts such interest on said investment, in the 
 proportion to which each county is properly entitled. 
 
 SEC. 7128. The interest, accruing to the several counties 
 and townships, that may hereafter be in the state treasury, 
 shall be drawn out of the treasury in the same manner as 
 now provided by law for drawing other funds due counties, 
 and when drawn shall be accounted for by the county treas- 
 urer in the same manner as for other county funds thus 
 drawn, and the county court shall distribute and set apart 
 to the proper townships all such sums and funds as shall be 
 due such township, either from the sales of sixteenth sec- 
 tions in such townships or from collections of notes belong- 
 ing thereto. 
 
 SEC. 7129. All notes, claims, bonds, papers or evidences 
 of debt belonging to the school fund, arising from the sale 
 or sales of the sixteenth section lands, in the hands of county 
 collectors or other persons, shall be, within ninety days after 
 
SCHOOL LAWS. 99 
 
 the passage of this act, turned over to the commissioner of 
 state lands. 
 
 SEC. 7130. All county treasurers, collectors, or other 
 persons, having in their possession any funds arising from 
 the sale or sales of the sixteenth section lands, shall, within 
 ninety days after the passage of this act, pay the same into 
 the state treasury, and the state treasurer shall place the 
 same to the credit of the respective counties' sixteenth sec- 
 tion fund accounts to which said funds do rightfully belong. 
 
 SEC. 7131. That upon the presentation to the commis- 
 sioner of state lands of any certificate of purchase as speci- 
 fied in section 7120 the commissioner shall execute to the 
 purchaser a deed for the lands therein described, and shall 
 keep a full and complete record of all such sales and of the 
 deeds so issued, and it shall be the further duty of'the com- 
 missioner of state lands to keep as correct records of sale or 
 sales of the sixteenth section lands as the reports made to 
 him from time to time may enable him to do. Act March 
 31, 1885, sees. 2-18. 
 
 PATENTS (). 
 
 SEC. 7132. When the purchaser of any portion of the 
 common school lands has heretofore assigned, or may here- 
 after assign, the certificate of purchase of such land, the 
 title thereof may be made directly to the last assignee of 
 such certificate of purchase, upon full payment of all the 
 purchase money and interest due on said land. Act April 
 12, 1869, sec. 10. 
 
 SEC. 7133. If any person who shall have purchased any 
 portion of the sections of school lands from the collector of 
 any of the counties of this state, and paid one-fourth the 
 purchase money therefor, and received a bond for title from 
 such collector, shall die before such payment is fully made, 
 and the executor, administrator, guardian or legal represent- 
 
 (gf-) See State v. Morgan, 52-150. 
 
IOO SCHOOL LAWS. 
 
 ative of such deceased person shall pay or cause to be paid 
 the balance, if any, that shall be due to the collector on 
 said purchase, upon the certificate of the collector of the 
 proper county that the whole of the purchase money, with 
 all the interest due thereon, has been fully paid, the com- 
 missioner of state lands shall forthwith execute a deed, as is 
 now required by law, to the heirs at law of such deceased 
 person (hh). Ib., sec. n, as amended act February 16, 1885+ 
 
 SEC. 7134. The land thus conveyed to the heirs shall 
 stand charged with the amount of money necessarily ad- 
 vanced to the school fund, in order to procure title, and 
 shall, in other respects, be chargeable with the rights and 
 incumbrances that would have attached had it descended 
 regularly to the same heirs. Ib. 
 
 SEC. 7135. All patents issued for sixteenth section, or 
 any part thereof, or common school land during the war 
 between the states and all the official acts of the officers of 
 this state, in regard to such lands, during the said war, and 
 also all deeds made by the common school commissioners 
 of the several counties in compliance with an act of the 
 legislature of the state, entitled, "An act to relieve certain 
 citizens of Arkansas who purchased school lands," passed 
 March 4, 1867, are hereby confirmed, ratified and made 
 valid, and full faith and credit shall be given to said patents, 
 deeds and official acts in all the courts of this state. Pro- 
 vided, Nothing herein shall be construed to prevent the 
 setting aside of any of said deeds or patents for actual fraud 
 or mistake. 
 
 SEC. 7136. Any right, title or interest which the state of 
 Arkansas may have acquired, or holds by virtue of any judg- 
 ment, decree, execution or sale of any court in this state, in 
 lands for which patents or deeds have been made and issued 
 
 (hh.) See section 7138. 
 sec. 2. 
 
SCHOOL LAWS. IOI 
 
 as mentioned in section 7135, is hereby vested in the proper 
 owners thereof under such deeds or patents. 
 
 SEC. 7137. The attorney representing the state of Arkan- 
 sas is hereby instructed and required to dismiss all suits now 
 pending for school lands where patents or deeds have been 
 made therefor, as specified in section 7135, or if it does not 
 appear on the face of the pleadings filed that such patents 
 or deeds have been made, then the patent or deed may be 
 pleaded in bar of the suit, or the court may dismiss the suit 
 on exhibition and profert of such deed or patent ; and where 
 judgment or decree have been entered, and sale has not been 
 made, the state's attorney shall enter satisfaction in full 
 thereof on the presentation to him of such deed or patent. 
 
 SEC. 7138. If any purchaser of school lands shall have 
 paid the purchase money thereof, and received no deed or 
 patent therefor, or if any person now owing for school lands 
 bought shall hereafter pay out his indebtedness therefor, 
 and shall produce to the commissioner of state lands satis- 
 factory evidence of such payment, the commissioner of state 
 lands is authorized and required to execute to such person, 
 or to his legal representative, a deed conveying all the 
 right, title and interest of the state of Arkansas in such 
 lands ; but if payment has not been made before suit is be- 
 gun, the purchaser shall also pay the costs of the suit. Act 
 December 14, i8j$< as amended by act March 31, 1885, sec - 
 18, and act of February 16, 1885, sec. 2. 
 
 LEASE OF SCHOOL LANDS. 
 
 SEC. 7139. All school lands in any county in this state 
 susceptible of cultivation shall be leased by the county col- 
 lector of said county from the first to the tenth of January in 
 each year. Act April 12, 1869, sec. 12. 
 
 SEC. 7140. The manner and terms of leasing said lands 
 shall be by public outcry to the highest bidder, the lessee 
 paying one-half the amount of rent in cash at the time of 
 leasing and the balance at the end of the year. Ib. 
 
102 SCHOOL LAWS. 
 
 SEC. 7141. At least twenty days' public notice of the 
 time and place of offering such lands for rent or lease shall 
 be given by said collector by publishing the same in the 
 newspapers of the county and by posting up hand-bills at 
 the most prominent points throughout the county. Ib. 
 
 SEC. 7142. If any school lands offered for rent or lease 
 at the time and in the manner above indicated shall not 
 bring such price as the collector shall think a reasonable 
 rent therefor, he shall be authorized to rent the same by pri- 
 vate contract for the ensuing year, or for a longer term if he 
 shall deem it expedient. Ib. 
 
 SEC. 7143. The occupants of school lands prior to the 
 passage of this act shall be required to pay a reasonable an- 
 nual rental during the time said lands had been so occu- 
 pied. Ib. 
 
 SEC. 7144. The lessees of school lands shall be subject 
 to the same provisions governing the lessees of other prop- 
 erty. Provided, It shall not be rented for a less amount 
 than was offered at public sale. Ib. 
 
 ACT xxxvn. 
 
 AN ACT to amend section 3325 of Sandels & Hill's Digest of 
 
 the Statutes of Arkansas. 
 SECTION 
 
 1. Amends section 3325. County treasurers not to deduct commissions 
 
 from same fund more than once. 
 
 2. Repeals all laws in conflict. 
 
 3. Act takes effect and in force from passage. 
 
 Be it enacted by the General Assembly of the State of Arkansas: 
 SECTION i. That section 3325 of Sandels & Hill's Digest 
 of the statutes of this state be and the same is hereby 
 amended so as to read as follows : He shall be allowed, as 
 commissions on the aggregate amount of all the school funds 
 of the county coming into his hands in anyone year, the rate 
 of two per cent, and no more ; Provided, That if any county 
 treasurer shall have taken commissions from any particular 
 
SCHOOL LAWS. IC>3 
 
 school fund, the same fund shall not be subject to commis- 
 sions in the hands of his successor in office. 
 
 SEC. 2. That all laws and parts of laws in conflict here- 
 with be and the same are hereby repealed. 
 
 SEC, 3. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 12, 1895. 
 
OPINIONS 
 
OPINIONS. 
 
 APPLICATION OF FUNDS. 
 
 BY JONES. 
 
 I am, therefore, of opinion : 
 
 1. That the funds derived from the state and from the 
 per capita tax, and from the tax voted by the district at the 
 annual school meeting, after they reach the county treasury 
 and are apportioned by the county court to the school dis- 
 trict, become the absolute property of such district for the 
 purpose of maintaining public schools therein, subject to 
 disbursement on the warrant of the board of directors of a 
 separate school district. 
 
 2. That, in other than separate school districts, the school 
 directors may apply such funds to no other purpose than 
 those directed by a majority of the electors of the district 
 at their annual school meeting. 
 
 3. That, in other than separate school districts, the elec- 
 tors may, at their annual meeting, fix a site for the school 
 house, or raise money for building or purchasing a school 
 house ; Provided, The directors have given notice that, these 
 matters were to be submitted for consideration and action, 
 as required by section 69 of the school law of December 7, 
 1875. 
 
 4. That it is within the power of the board of directors 
 of separate school districts to apply any part of the fund 
 belonging to such district, which has not been otherwise ap- 
 propriated, to the purpose of building and purchasing a 
 school house, irrespective of the source from which such 
 fund came ; but that such power cannot be exercised by the 
 
IO8 SCHOOL LAWS. 
 
 directors of other school districts, unless they have been 
 authorized to do so by the electors of the district at an an- 
 nual school meeting. See School 'Act of December 7, /#75/ 
 Lee v. Trustees of School District 36 ; New Jersey Equity 
 Reports, 581 ; Sandels & Hill's Digest, chapter I^Q. 
 
 NOTE. Most of the following opinions were made before the publication of 
 Sandels & Hill's Digest, and the sections are changed to correspond with those 
 in that digest. 
 
 RIGHTS OF PUPILS AS TO ADMISSION INTO 
 PUBLIC SCHOOLS. 
 
 BY JONES. 
 
 I have the honor to acknowledge receipt of your commu- 
 nication of the /th inst., in which you ask my opinion as to 
 the legality and binding force of the following resolution, 
 adopted by the board of directors of the school district of 
 Prescott, to-wit : 
 
 Resolved, That such children only are entitled to admis- 
 sion as pupils in the Prescott free school as were residing in 
 the school district of Prescott on the first day of the pre- 
 ceding September, and if names of such pupils do not ap- 
 pear in the enumeration, application for admission must first 
 be made to the school board ; Provided, That children of 
 bona fide residents who may attain to the school age during 
 the year may be admitted to the school. 
 
 The latter clause of section 7101, Sandels & Hill's Digest, 
 reads as follows: "The board," referring to the board of 
 directors of single school districts, " may make rules and 
 regulations for their own government, and for the dispatch 
 and regulation of the school business and affairs of the dis- 
 trict not inconsistent with law." 
 
 The supreme court of Iowa, in the case of Burdick v. 
 Babcock, ji Iowa, 362, 365, in speaking of certain rules 
 adopted by the board of directors of a school district by 
 which certain pupils were suspended from the school for 
 
SCHOOL LAWS. 
 
 absence and tardiness, says : " Any rule of the school, not 
 subversive of the rights of the children or parents, or in con- 
 flict with humanity and the precepts of divine law, which 
 intends to advance the object of the law in establishing pub- 
 lic schools, must be considered reasonable and proper." 
 
 So, in this case, the single question seems to me to be : 
 Is the regulation of the Prescott board subversive of the 
 rights of the children and parents, or in conflict with hu- 
 manity and the precepts of divine law, and does it tend not 
 to advance the object of the law in establishing public 
 schools? If not, then it is unreasonable and improper, and 
 can not be enforced. And this is the question to be deter- 
 mined and should be determined, as 1 conceive, by ascer- 
 taining as nearly as possible the spirit and intention of the 
 legislature in dividing the counties into school districts, and 
 investing each of such districts with certain powers to be 
 exercised independently of others, and the scope and extent 
 of such powers. 
 
 We find article 14 of the constitution of this state, sec- 
 tion 3, that it is made the duty of the general assembly to 
 provide by general laws for the support of common schools 
 by taxes, not to exceed in any one year two mills on the 
 dollar on the taxable property of the state ; and by an an- 
 nual per capita tax of one dollar, to be assessed on every 
 male inhabitant of this state over the age of twenty-one 
 years. This much is imperative on the general assembly ; 
 but the same section provides that " the general assembly 
 may, by general law, authorize school districts to levy, by a 
 vote of the qualified electors of such district, a tax not to 
 exceed five mills on the dollar in any one year for school 
 purposes; Provided, further, That no such tax shall be ap- 
 propriated to any other purpose, nor to any other district 
 than that for which it was levied." 
 
 Thus, we see, school districts are recognized by the con- 
 stitution, and they are put beyond the power of the legisla- 
 
IIO SCHOOL LAWS. 
 
 ture, so far as the levying taxes for school purposes within 
 their respective limits is concerned, and such tax can only 
 be levied by the vote of the electors of the district {Cole v. 
 Blackwell 38 Ark., 271); and can be appropriated to no 
 other purpose, nor to any other district than that for which it 
 was levied. The legislature is only authorized to confer upon 
 the districts the power to levy such tax, but can not com- 
 pel the levy. This power has been conferred, and each dis- 
 trict is made a body corporate, capable of suing and being 
 sued, contracting and being contracted with, acquiring and 
 holding property, etc., etc., etc. 
 
 Section 7113,2^., makes the provisions of the general 
 school laws of the state, so far as applicable and not incon- 
 sistent or repugnant with the provisions of the special act for 
 the regulation of public schools in cities and towns, apply 
 to districts organized under said special act. Under the 
 general school laws we find that the directors of each dis- 
 trict shall annually, between the first and tenth days of Sep- 
 tember, transmit to the county examiner a written report of 
 names and ages of all persons between the ages of six and 
 twenty-one years residing in their district on the first day of 
 September (sec. 7077, ib.) ; that the county examiner shall 
 make a similar report to the superintendent of public in- 
 struction on or before the twentieth day of September (sees. 
 7020 and 7023, ib.)\ and to the county clerk of his county 
 between the tenth and twentieth of September (ib., sec. 
 &995\ which shall be laid by the county clerk before the 
 county court (ib. t sec. 6996} ; and that the county court shall 
 distribute the distributive share of the county apportioned 
 by the superintendent to the several districts in proportion 
 to the number of persons within school age, respectively (ib., 
 sec. 6993). 
 
 We further find that the directors " shall submit to the 
 district, at the annual meeting, an estimate of the expenses 
 of the district for that year, including the expenses of the 
 
a r i-\ . 
 OV TKS 
 
 SCHOOL LAWS III 
 
 school for the term of three months for the next year, after 
 deducting the probable amount of school moneys to be ap- 
 portioned to the district for that school year, and shall also 
 submit an estimate of the expenses per month of continuing 
 the school beyond the term of three months, and of what- 
 ever else may be necessary for the comfort and advance- 
 ment of said school " (ib. t sec. 7049}. And it is upon this 
 report that the qualified electors, at their annual school 
 meeting, act, when they determine the amount of taxes to 
 be raised out of the district for the support of its schools 
 
 The qualified electors of each district select the directors, 
 who are entrusted with the management of the school af- 
 fairs, and who in that capacity act as the representatives of 
 the electors. 
 
 From all these provisions of the constitution and laws of 
 the state, it seems apparent to me to be the policy of our state, 
 that each school district should have the care and manage- 
 ment of its entire school interests, independent of any con- 
 trol except the limitations prescribed by the law. How, it 
 may well be asked, can a district provide the necessary 
 means to carry on its schools, when persons outside of the 
 district, who have contributed nothing towards the support 
 or maintenance of the schools, shall have the absolute right 
 to bring their children within the district, after the time for 
 enumeration has passed, and compel their admission to the 
 school as a matter of right ? If it may be done by one per- 
 son, it may be done by a thousand, or more ; the principle 
 is the same. And thus we may find a school district which 
 has only provided the means necessary to support its own 
 children and this is all it can be required to do forced 
 to take into its schools other children for whom no provis- 
 ion has, or can be, made during the scholastic year, and 
 without the power to provide adequate means for such a 
 contingency. It could only result in disaster to the entire 
 
112 SCHOOL LAWS. 
 
 school interests of the district, which could certainly never 
 have been within the contemplation of the law-makers. 
 
 The county court is empowered by the law to transfer 
 children from one district to another (ib., sec. 7062}. But 
 in every such case tax of such children, levied by the dis- 
 trict from which they were transferred, goes with them, and 
 is used for their education (ib. t sees. 7063 and jo6f). Why 
 does the law make such provisions, if it be true that the 
 right exists without such exercise of authority by the county 
 court? The very fact of the law making such provisions is 
 evidence of the fact that the right does not otherwise exist. 
 
 The regulation of the Prescott school board does not ab- 
 solutely exclude from the district school the children whose 
 names fail to appear on the enumeration list, but it merely 
 requires such children to make application to the board for 
 admission before they shall be entitled to enter the school. 
 By this means the board can judge whether such children 
 should or should not be admitted. If it should act arbi- 
 trarily or unjustly, and refuse admission to one lawfully en- 
 titled, the law has provided an ample remedy for such cases. 
 By the regulation the board can protect the district against 
 imposition and fraud, and the better advance the objects for 
 which free schools were organized. 
 
 I am, therefore, of the opinion that the regulation of the 
 Prescott school board, above set forth, is reasonable and 
 proper, and may be enforced 
 
 BY JONES. 
 
 Directors may not exclude children from any school to 
 which they are lawfully entitled to admission. 
 
 In answer to your communication of this date, in which 
 you ask my opinion upon the question, "whether the children 
 of school age of parents who have become bona fide residents 
 of a school district since the last enumeration are entitled 
 to admission into the public schools of the district free of 
 
SCHOOL LAWS. 113 
 
 charge," I have the honor to say that I am of opinion that 
 they are so entitled. 
 
 This opinion is not at all at variance with my opinion to 
 you, of date March 10, 1885, contained in my biennial re- 
 port to the governor in December, 1886, at page 72 ab seq. 
 By reference to that opinion, it will be seen the question 
 presented to me was whether a certain regulation adopted 
 by the board of directors of the school district of Prescott 
 was legal and binding. The regulation was as follows : 
 
 "Resolved, That such children are only entitled to admis- 
 sion as pupils in the Prescott free school as were residing in 
 the school district of Prescott on the first day of the pre- 
 ceding September, and if names of such pupils do not ap- 
 pear in the enumeration, application for admission must first 
 be made to school board. Provided, The children of bona 
 fide residents who may attain to the school age during the 
 year may be admitted to the school." 
 
 In the conclusion of that opinion, I said : " The regulation 
 of the Prescott school board does not absolutely exclude 
 from the district school the children whose names fail to ap- 
 pear on the enumeration list, but it merely requires such 
 children to make application to the board for admission be- 
 fore they shall be entitled to enter the school. By this 
 means the board can judge whether they should or should 
 not be admitted. If it should act arbitrarily or unjustly, 
 and should refuse admission to one lawfully entitled, the law 
 has provided an ample remedy for such cases. By the reg- 
 ulation, the board can protect the district from imposition 
 and fraud, and to better advance the objects for which free 
 schools were organized." 
 
 The question now presented by you does not relate to the 
 power of such boards to make regulations and rules for their 
 own government, and for the dispatch and regulation of the 
 school business and affairs of the district, not inconsistent 
 with law. Such power is vested in them by the statute (Di- 
 
114 SCHOOL LAWS. 
 
 gest, sec. 7101} ; but it is whether they can exclude from the 
 public schools any child who is lawfully entitled to admis- 
 sion. This they cannot do. 
 
 Directors should remember that the right to attend school grows out of bona 
 fide residence and not from an enumeration in a district or the payment of 
 taxes. When a man moves into a district with the intention of making it his 
 permanent residence, he acquires the right to send to the public schools at once. 
 The directors are to decide from all the circumstances whether the residence is 
 permanent or temporary. If temporary no free school privileges obtain. 
 [SUPERINTENDENT. 
 
 BY JONES. 
 
 Power of county court to fill vacancies in office of county 
 examiner : 
 
 You refer me to section 7000, Sandels & Hill's Digest, 
 requiring the county court of each county, at the first term 
 thereof after each general election, to appoint a county ex- 
 aminer, and ask my opinion as to the power of the county 
 court to make such appointment at any other time when a 
 vacancy occurs in the office of county examiner. In reply 
 I will say, that the matter of making such appointments 
 being invested in the county court, it certainly has the 
 power to fill any vacancy which may occur, but the tenure 
 of office of such appointee will expire at the first term of 
 the county court which shall be held after the next general 
 election, when another appointment must be made. 
 
 BY JONES. 
 
 School directors may not teach in their own districts : 
 
 I have the honor to acknowledge receipt of your com- 
 munication of the 3d instant, in which you ask my opinion 
 upon the following questions : 
 
 " First Can a school director be legally employed to 
 teach in the public schools of his own district? 
 
 "Second If not, what remedy have the people, if the 
 directors presist in employing one of their own number to 
 teach ? 
 
SCHOOL LAWS. 115 
 
 In reply : 
 
 The f office of school director is one of trust. Previous 
 to the passage of the present school law he was called a 
 trustee. In many of the states such officers are still called 
 trustees. It is, however, immaterial whether the name be 
 director or trustee, the office is one purely of trust and 
 confidence, and the person filling it is governed by the 
 same rules of law which govern other trustees, in so far as 
 not to be allowed to make any profit from his office. It is 
 a well settled rule that a trustee cannot use the trust prop- 
 erty, nor his relation to it, for his own personal advantage. 
 All the power and influence which the possession of a trust 
 fund gives must be used for the advantage and profit of the 
 beneficial owners, and not for the personal gain and emolu- 
 ment of the trustee. No other rule would be safe. 
 
 By examination of the school law it will be seen that the 
 powers of the director are very large, and for the failure to 
 perform, or for neglect of any duties of his office, he is 
 liable to forfeit to his district the sum of twenty-five dollars. 
 
 Among his duties he is required to visit the schools at 
 least once each term, and encourage the pupils in their 
 studies, and give such advice to the teacher as may be for 
 the benefit of teacher and pupils. 
 
 By other sections of the law it will be seen what the duties 
 of the teachers are, and that it would be inconsistent with 
 those duties for him to be a director. In fact, if a director 
 were allowed to be a teacher in his own district, he would 
 have to make a contract with himself, and would be using 
 his position of trust for his own emolument and gain. This 
 cannot be legally done. 
 
 I am, therefore, of opinion, in answer to your first ques- 
 tion, that a school director cannot be legally employed to 
 teach the public schools of his own district. 
 
 As to your second question, if the directors persist in em- 
 ploying one of their own number to teach, the people of 
 
Il6 SCHOOL LAWS. 
 
 the district can obtain redress through the courts to prevent 
 such an abuse of power. They can be enjoined from 
 doing so. 
 
 BY JONES. 
 
 Clerks may not charge fees for performing the duties re- 
 quired of them under the common school laws. 
 
 In answer to your inquiry, "Are county clerks entitled to 
 ask, demand or receive fees from the several school districts- 
 in their respective counties for performing the duties required 
 of them under the common school laws of the state such, 
 for instance, as filing reports of organization, of elections, 
 of levy of school tax, of apportionment of common school 
 funds, or any other duty enjoined upon them by said law? " 
 I have the honor to say that the fees for clerks are regulated 
 by statute in this state, and that unless the statute fixes a 
 compensation for any particular service required of that 
 officer, he is not entitled to ask, demand or receive any for 
 the performance of it. See Cole v. White County, 32 Ark., 4.5. 
 
 By examination of the common school laws of this state, 
 it will be observed that there is no compensation provided 
 for the services required by the county clerks ; consequently 
 they are not entitled to fees for such services. 
 
 This is not a new question by any means, but has been 
 frequently passed upon by the courts of the various states 
 and by the English courts. From these decisions it may be 
 considered as established law that where the law imposes a 
 duty upon an officer he cannot claim a remuneration for ful- 
 filling it unless the law has expressly conferred such right. 
 
 I am, therefore, clearly of the opinion that clerks are not 
 entitled to fees for services required to be performed by them 
 under the common school laws of this state. 
 
 BY JONES. 
 
 A school director may not be elected by less than a ma- 
 jority vote. 
 
SCHOOL LAWS. 1 1/ 
 
 In answer to your inquiry, I have the honor to state that 
 all the powers vested in the electors of a school district, in 
 their annual school meetings, must be exercised by a major- 
 ity of the votes cast at such meetings, and that no power 
 can be exercised by Jess than such majority. Consequently 
 a director cannot be elected by less than a majority of the 
 votes cast at the meeting. 
 
 BY JONES. 
 
 Separate schools must be maintained in every district for 
 each race directors have discretion but to maintain the 
 schools. 
 
 I am in receipt of your communication of a late date, in 
 which you say : " In a certain school district of this state 
 there are seventy-five or more white children of school age 
 and only four colored children of that age. 
 
 " In another school district there are seventy-five or more 
 colored children of school age and only four white children 
 of that age. 
 
 " I wish to know whether it is the duty of the school di- 
 rectors in the first mentioned district to provide a school for 
 the four colored children, and in the second mentioned dis- 
 trict for the four white children." 
 
 In reply : 
 
 Section I, article 14, of the constitution of the state, is 
 as follows : 
 
 u Section I. Intelligence and virtue being the safeguards 
 of liberty, and the bulwark of a free and good government, 
 the state shall ever maintain a general, suitable and efficient 
 system of free schools, whereby all persons in the state be- 
 tween the ages of 6 and 21 years, may receive gratuitous 
 instruction." 
 
 In compliance with this mandate of the constitution, the 
 general assembly has prepared a system of free schools, one 
 provision of which is as follows : 
 
Il8 SCHOOL LAWS. 
 
 "The said board [of directors] shall make provisions for 
 establishing separate schools for white and colored children 
 and youths, and shall adopt such other measures as they 
 may judge expedient for carrying the free-school system 
 into effectual and uniform operation throughout the state, 
 and providing, as nearly as possible, for the education of 
 every youth." See sec. 704.1. 
 
 The constitution of .California, upon the subject of educa- 
 tion, is similar to ours. The legislature of that state enact- 
 ed that the education of children of African descent, and 
 Indian children, shall be provided for in separate schools. 
 In the case of Ward v. Flood, 4.8 Cal. Rep., 36, it is decided 
 that it is clearly within the power of the legislature to enact 
 such a law, and that a colored child may be excluded from a 
 white school, and a white child from a colored school, where 
 separate schools have been in fact established and main- 
 tained; but that "unless such separate schools be in fact 
 maintained, all children of the school district, whether white 
 or colored, have an equal right to become pupils at any 
 common school organized under the laws of the state." To 
 the same effect is the case of State of, ex rel. Stontmeyer, v.. 
 Duffy, 7 Nevada Rep., 34.2. 
 
 In the case of Maddox, et al., v. Neal, et al., 45 Ark. Rep., 
 121, the supreme court of this state says: "A wide range 
 of discretion is vested in these boards by the statute in the 
 matter of the government and details of conducting the 
 common schools, but in the nature of things, there is a limit 
 to this discretion. Some positive and imperative duties are 
 imposed upon them about which they have no discretion. 
 The first and most important duty of the board is to make 
 provisions for establishing schools. When the funds are pro- 
 vided, and the directors are not otherwise instructed by the 
 school meeting of the district, the duty to provide a school 
 for at least three months is mandatory, and the duty to es- 
 tablish separate schools for the whites and blacks is also in- 
 
SCHOOL LAWS. IIQ 
 
 cumbent on them. All the provisions of the law in rela- 
 tion to schools, in conformity to the constitutional mandate, 
 are general, and the system, as far as the statute can make 
 it, is uniform. No duty is imposed upon or discretion given 
 to the directors about schools for one race that is not appli- 
 cable to the other. It is the clear intention of the constitu- 
 tion and statutes alike to place means of education within 
 the reach of every youth. Education at the public ex- 
 pense has become a legal right extended by the laws to all 
 the people alike. No discrimination on account of nation- 
 ality, caste or other distinction has been attempted by the 
 law-making powers. The boards of directors are only the 
 agents, the trustees appointed to carry out the system pro- 
 vided for. Their powers are no greater than the authority 
 conferred by legislation. They can do nothing they are 
 not expressly authorized to do, or which does not grow out 
 of their expressed powers. * * * The opportunity of 
 instruction in the public schools, given by the statute to all 
 the youths of the state, is in obedience, as we have seen, to 
 special command of the constitution, and it is obvious that 
 a board of directors can have no discretionary power to 
 single out a part of the children by the arbitrary standard 
 of color, and deprive them of the benefits of the school 
 privilege. To hold otherwise would be to set the discretion 
 of the directors above all law." 
 
 It appears clear to me, from the authorities, and in view 
 of the provisions of the constitution, and the statute above 
 cited, that it is the duty of the directors of each school dis- 
 trict to establish and maintain, with the funds at their dis- 
 posal, separate schools for the white and colored children 
 within their respective districts, so that every child of school 
 age shall have the full benefit thereof ; and I, therefore, con- 
 clude and so advise you, that this duty of directors is not 
 limited by the number of children of either kind in the dis- 
 
I2O SCHOOL LAWS. 
 
 trict, but applies to one child as well as to seventy-five or 
 more. 
 
 NOTE. This opinion represents the law as it stood at the time of its deliver- 
 ance. Since then the legislature has authorized the transfer of the children of 
 either race to adjoining districts where the number of either race in any district 
 is ten or less. Now, if said transfer had been made then no school need be 
 maintained. But where there are eleven or more children of either race they 
 have the right to demand a school and it is the duty of the directors to maintain 
 it out of the funds in their hands. See sec. 7062. 
 
 BY ATKINSON. 
 
 The treasurer of state to place the ten per cent, of the 
 sales of all state lands to credit of school fund. 
 
 I am in receipt of your favor of the i$th inst., in which 
 you ask my official opinion upon the following points, to- 
 wit : 
 
 (i.) Has section 6932 of Sandels & Hill's Digest been 
 repealed or amended ? 
 
 (2 ) If not, who should place to the credit of the school 
 fund "ten per cent, of the net proceeds of the sales of all 
 state lands ? " 
 
 (3.) How and by whom are the net proceeds determined ? 
 
 In reply. I am of the opinion that the section of the di- 
 gest mentioned by you has not been repealed or amended. 
 
 It seems to be the duty of the treasurer to keep books 
 which shall show from whom moneys have been received by 
 him and on what account. He is made the receiver of all 
 public moneys not expressly required by law to be kept by 
 some other person (see section 3255 of Sandels & Hill's Di- 
 gest). I am of the opinion that the treasurer should place 
 the funds mentioned to the credit of the common school 
 fund. See sec. 6139, Mansfield' s Digest. 
 
 Section 3210 of Mansfield's Digest makes it the duty of 
 the commissioner of state lands to make a statement of the 
 amount due or required by law for the purchase of state 
 lands, in which he shall state concisely the particular matter 
 or account for which said sum is to be paid, which is handed 
 
SCHOOL LAWS. 121 
 
 to the purchaser of state land and by him turned over to the 
 treasurer. This would enable the latter officer to properly 
 credit the funds received by him. 
 
 BY ATKINSON. 
 
 1. Every transferred person must pay the tax voted in 
 the district to which he goes. 
 
 2. The tax which follows the person transferred is what 
 he actually paid on his realty and personalty. 
 
 3. Nature of assessment. 
 
 Replying to your favor of the 26th inst, wherein you refer 
 to me certain matters submitted by Duncan Flanagan, Esq., 
 county judge of Clark county, relating to the construction 
 of sections 7062-4 of Sandels & Hill's Digest, I have the 
 honor to submit my opinion herewith. 
 
 You ask : 
 
 (i.) If a transfer of children be granted under section 
 7062, will the person applying for transfer pay the district 
 school tax voted in the district from which he was transfer- 
 red to the one in which his children have been transferred ? 
 
 (2.) If he has real estate in several districts, will all or 
 what part of the district tax follow the transfer ? 
 
 (3.) In case of transfer, in what district must the real es- 
 tate be assessed ; and, if assessed in the district from which 
 transfer is made, how can the district to which children have 
 been transferred obtain the benefit of the tax? 
 
 The act of December 7, 1875, merely provided that "the 
 district school tax " of the person whose children were trans- 
 ferred should be added to the school revenues of the district 
 to which he had been transferred, and should not be included 
 in the school revenues of the district wherein he remained. 
 The difficulty under this law was, that a person might trans- 
 fer his children to a district which levied a five-mill tax and 
 get the benefit of this tax, while his property was taxed as 
 belonging to the district in which he resided where he might 
 vote " no tax," and, if a majority of the voters so voted, he 
 
122 SCHOOL LAWS. 
 
 would pay no tax. The tax was fixed by the district in 
 which he resided, but was turned over to the district to which 
 he was transferred when collected. This inequitable rule 
 was intended to be changed by the act of March 30, 1883, 
 and the more reasonable rule, " Qui sentit comwodum, sen- 
 tire debet et onus" adopted. Although very obscurely draft- 
 ed, the act sufficiently manifests an intention to transfer 
 both the property and children to the district to which the 
 tax-payer wishes to transfer for educational purposes. The 
 act provides that the elector may vote in the district to which 
 he had his children transferred. It is not to be supposed 
 that he could vote there if his property was assessable in 
 another district. The proviso that he could not vote out- 
 side of his political township was intended to prevent the act 
 from being unconstitutional under section I, of article 3, of 
 constitution 1874. If he chose to remove his children and 
 property out of his township and deprive himself of a right 
 to vote in school elections, that was his own affair. " Quili- 
 bet potest renunciare juri pro se introducto" 
 
 (l.) To your first question, therefore, I answer that a 
 person obtaining a transfer of his property and children to 
 an adjoining district will pay the district school tax voted by 
 the district to which he has been transferred. 
 
 (2.) The law only provides that as to the district school 
 tax, the property on which he paid in the district wherein 
 he resides should be transferred to the district to which 
 transfer of his children is made. This includes his tax on 
 personalty and realty lying in that district only. 
 
 (3.) In case of transfer, the property is assessed as if in 
 the district to which transfer is made. ection 7064, San- 
 dels & Hill's Digest provides the way the accounts are to be 
 kept where the districts are in two counties. 
 
 BY ATKINSON. 
 
 School boards must act as corporate bodies and separately 
 as individuals. 
 
SCHOOL LAWS. 123 
 
 You ask, " Can a majority of a board of directors of a. 
 school district bind the district by a contract for the em- 
 ployment of teachers, or for other purposes, without a full 
 meeting of the board ? " 
 
 This question has been frequently adjudicated by the 
 courts of the different states. I have collected a few ex- 
 tracts from them, which I present you, viz.: 
 
 In Herring ton v. District, 47 Iowa, ij, the court said 
 " While it is true that a majority of the board will govern 
 in the absence of a provision by statute, or in the articles of 
 incorporation, requiring the concurrence of a greater number, 
 yet their determination is valid only after the minority have 
 had an opportunity to be heard. A board must act as a 
 unit, and in the manner prescribed. The determination of 
 the members individually is not the determination of the 
 board. In McCullock v. Ross, 577, 5 Denio, the court said : 
 ' The concurrence of a majority of the board when duly 
 assembled is requisite to constitute a valid act. The assent 
 of the members separately is not enough.' " 
 
 In Townsend v. School Trustees, 41 N.J. L., J/J, it was 
 held : 
 
 "The duty of these trustees, in the selection of teachers, 
 was not ministerial merely ; they were obliged to examine 
 into the qualifications of teachers, and to exercise judgment 
 and discretion in their selection ; it was the performance of 
 an important public duty, in the execution of which confer- 
 ence and comparison of judgments were necessary in reach- 
 ing proper results. It was an act judicial in its nature, and 
 the general rule governing such bodies so acting is, unless 
 special provisions of the is otherwise made, that all must 
 meet, or have notice to meet, when official action is in- 
 tended." * * * * " It was clearly not the intention of 
 the legislature, in the school law, to confer upon the indi- 
 vidual members constituting the board of trustees the power 
 of acting separately in the selection and . appointment of 
 
124 SCHOOL LAWS. 
 
 teachers. The intention was to have them act and confer 
 together, the result of their combined judgment, or of the 
 majority of them, constituting a single act." 
 
 In the State ex rel. v. Leonard, j Cooper's Ch., 179, it is 
 said : 
 
 "Neither the majority nor the whole of these had power 
 individually to grant such permission. It could only be 
 given by them when assembled as a board." 
 
 " It was evidently contemplated by the legislature that a 
 school district should have the benefit to be derived from 
 the united experience and wisdom of all the members of the 
 board." People v. Peters, 4. Neb., 254. 
 
 In Wilson v. Waltersville School District, 4.6 Conn., 4.07 ', it 
 was held : 
 
 "The rule of the common law undoubtedly is that public 
 agents may act by majorities, provided all are present, or 
 have proper notice, to be present. 
 
 "Their duties are important, and require the exercise of 
 sound judgment and discretion, and their action in the em- 
 ployment of teachers may be attended with important con- 
 sequences, both pecuniary and moral. When several per- 
 sons are appointed it would seem to be for the very purpose 
 of giving the district the benefit of the combined judgment 
 and good sense of all." 
 
 I am of the opinion that the rules for the government of 
 school boards, as promulgated in the foregping decisions, 
 are correct and proper, and shoujd be recommended by you 
 for the observance of those acting in that capacity in our 
 state. 
 
 BY KINSWORTHY. 
 
 Junius Jordan, Superintendent of Public Instruction : 
 
 DEAR SIR I have the honor to acknowledge receipt of 
 your recent communication requesting me to answer the fol- 
 lowing question : 
 
 II When does a newly elected member of the board ofdi- 
 
SCHOOL LAWS. 125; 
 
 rectors of a special school district become an active member 
 of the board?" 
 
 Answering this question, I have this to say : 
 
 Section 7091 of Sandels & Hill's Digest states that annually 
 on the third Saturday in May, there shall be elected two di- 
 rectors who shall serve three years and until their successors 
 are elected and qualified. This section does not state that 
 said directors shall hold three years from the date of their 
 election, but that they shall hold three years from the day 
 they begin to serve. 
 
 Section 7098 of Sandels & Hill's Digest states : " Each 
 person. elected director shall take the oath of office within 
 five days after receiving a certificate of election." While 
 the directors are elected on the third Saturday in May, they 
 are given five days from the date they receive their certifi- 
 cate of election in which to qualify ; so if a director qualifies 
 within the said five days his term of office would begin the 
 day he qualifies and end three years from that day, provided 
 his successor qualifies on or before that day. 
 
 I am, therefore, of the opinion that a newly elected director 
 can be qualified as soon as he receives his certificate of elec- 
 tion, but that his term of office would begin upon the day 
 his predecessor's term of office expires, which day would 
 be three years from the date he began to serve as director, 
 provided that time was within five days after he received a 
 certificate of election ; if not, his term of office would begin 
 the fifth day after receiving his certificate of election. 
 
 In giving this opinion I have not been unmindful of section 
 7100 of the digest, for this section cannot change the pro- 
 visions of the sections previously mentioned, as this section 
 is a part of the act of 1885, and the above mentioned sec- 
 tions are a part of the act of 1893, so the latter act repeals 
 the former act wherever and whenever they come in conflict.. 
 Yours respectfully, E. B. KINSWORTHY, 
 
 Attorney General. 
 
APPENDIX. 
 
APPENDIX. 
 
 FORMS FOR THE USE OF SCHOOL OFFICERS. 
 
 Form I. Examiner's Requisition Blank. 
 
 OFFICE OF COUNTY EXAMINER, 
 
 .18. 
 
 To the State Superintendent of Public Instruction, 
 
 Little Rock, Ark. 
 
 SIR : The blanks and blank books needed for a proper administration of 
 the public school affairs of this county are as follows : 
 
 
 No. on Hand 
 
 No. Required 
 
 Examiner's Record 
 
 
 
 Annual School Meeting Notices 
 
 
 
 Directors' Estimates of District Expenses 
 
 
 
 Certificate of Election of School Directors 
 
 
 
 Certificates of Tax Levied ... 
 
 
 
 Directors' Oaths 
 
 
 
 Directors' Annual and Enumeration Reports 
 
 
 
 Contracts between Directors and Teachers 
 
 
 
 Directors' Warrant Books 
 
 
 
 Examination Notices 
 
 
 
 County Examiner's Annual Reports 
 
 
 
 Teachers' Certificates 
 
 
 
 Directors' Records 
 
 
 
 
 
 
 School Laws . * . 
 
 
 
 County Institute Notices 
 
 
 
 Poll-Books . . 
 
 
 
 No. of School Districts in the County 
 
 
 
 
 
 
 Directions for shipping the above. 
 
 Respectfully, 
 
 County Examiner. 
 
 S 9 
 
I3O SCHOOL LAWS. 
 
 Form II. 
 
 ANNUAL SCHOOL MEETING. 
 
 NOTICE. 
 
 There will be an Annual School Meeting of the Electors of School District 
 
 No County, at 
 
 , the third 
 
 Saturday in May, 189.... At this meeting the following matters will be sub 
 mitted to the consideration and action of the Electors of said District : 
 
 It is desired that every Elector be present. 
 
 Directors. 
 Date 189.... 
 
 Directors will please bear in mind that this notice must be posted in three 
 or more conspicuous places, at least fifteen days before the time of meeting, and 
 that the objects of this meeting must be inserted in the appropriate blanks above, 
 as provided for in section 7035 of the present School Law of Arkansas. 
 
SCHOOL LAWS. 
 
 Form III. 
 
 DIRECTORS' 
 ESTIMATE OF DISTRICT EXPENSES. 
 
 Electors of School District No County of 
 
 State of Arkansas. 
 
 \Ve respectfully submit, in accordance with Section 7049 of the School Law, the 
 following as our estimate of the expenses of the Public Schools in this District, for the 
 term of three months during the present scholastic year, beginning the first of last July, 
 and of the expenses per month of continuing the schools longer than three months. 
 
 AMOUNT NECESSARY. 
 
 For Teachers' Salaries ' 
 
 For Purchase or Lease of Sites 
 
 For Purchase, Erection or Hire of Houses 
 
 For Repairs of Houses and Grounds 
 
 For Fuel and Incidental Expenses.. 
 
 P"or Furniture, Apparatus, Light, &c 
 
 For other purposes 
 
 Total 
 
 Amount which we will probably receive from the State Apportionm't 
 
 Remainder to be raised by a District Tax ..I 
 
 Expense for continuing the schools longer.than 
 
 three months, at dollars per month ! ' 
 
 Total amount to be raised bv District Tax 
 
 The above estimate is respectfully submitted for your consideration and action. 
 
 Directors. 
 
 Dated, May 
 
132 SCHOOL LAWS. 
 
 Form IV. 
 
 CERTIFICATE OF ELECTION OF SCHOOL 
 DIRECTORS. 
 
 STATE OF ARKANSAS, ) 
 
 SCHOOL DISTRICT No 
 
 County of. ) 
 
 We hereby certify that at the Annual School Election held on the. 
 
 day of May, 189 / 
 
 was elected School Director for the next years. 
 
 Judges. 
 This May, 189 
 
 (See Section 7036, School Law.) 
 
SCHOOL LAWS. 133 
 
 Form V. 
 
 CERTIFICATE OF JUDGES AND CLERKS OF 
 SCHOOL ELECTION. 
 
 STATE OF ARKANSAS, 
 
 County, 
 
 District Xo. 
 
 We hereby certify, that the election held on this day, in District Xo 
 
 County, Arkansas, pursuant to law, 
 
 the number of votes hereinafter mentioned were cast for the several persons named be- 
 low for Directors, and for and against Tax, and amount of Taxes voted. 
 
 For Directors 
 
 X'o. Votes 
 Received 
 
 For Tax 
 
 X'o. Votes 
 Received 
 
 Mills 
 
 
 
 Whole Xo of Votes Ca;t 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Whole Xo. of Votes Cast 
 Against Tax 
 
 
 
 
 
 
 
 
 
 
 For Teachers' Salaries 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 For Purchasing or Lease 
 
 
 
 
 
 
 
 
 
 
 For Building or Repairing 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 For Furniture and 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Given under our hands this. 
 ATTEST : 
 
 .dav of ... ....A. D. 
 
 Clerks. 
 
 Judges. 
 
 NOTE. This form is a part of the poll book which is furnished by the examiner to 
 each district. 
 
134 SCHOOL LAWS. 
 
 Form VI. 
 
 DIRECTORS' OATH. 
 
 I, , do solemnly swear 
 
 (or affirm) that I will support the Constitution of the United States, and the Constitu- 
 tion of the State of Arkansas, and that I will faithfully discharge the duties of the 
 
 office of Director of District No upon which I am 
 
 about to enter. 
 
 Post-office 
 
 Sworn and subscribed to before me this .-. day of 
 
 189 ' 
 
 County Clerk. 
 
 See Section 7036, School Law. 
 
SCHOOL LAWS. 
 
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SCHOOL LAWS. 137 
 
 Form VIII. 
 
 TEACHER'S CONTRACT. 
 
 STATE OF ARKANSAS, 
 
 County of 
 
 THIS AGREEMENT, between 
 
 as Directors of School District No in the County of 
 
 State of Arkansas, and t 
 
 who agrees to teach a Common School in said District, is as follows: 
 
 The said Directors agree upon their part, in consideration of the covenants of said 
 
 'Teacher, hereinafter contained, to employ the said to teach 
 
 a Common School in said District, for the term of months, commencing 
 
 on the day of A. D. 189 , to pay therefor in the 
 
 manner, and out of the funds provided by law, the sum of Dollars, 
 
 for each school month. 
 
 Said Directors further agree that all the steps required or allowed by law to be taken 
 by said District and its officers, to secure the payment of teachers' wages, shall be so 
 had and taken promptly, and the requirements of the law in favor of the teacher, 
 complied with by said District. 
 
 The Teacher, on part, agrees to keep school open hours each 
 
 school day; keep carefully the Register required by law; preserve from injury to the 
 
 utmost of. power the District propertv; give said school ...entire time and 
 
 best efforts during the school hours; use utmost influence with parents to secure 
 
 a full attendance of scholars, and generally to comply with all the requirements of the 
 
 laws of this State in relation to Teachers to the best of ability. 
 
 Signature 
 
 Directors. 
 Teacher. 
 
 Date 189 Place 
 
 (See Sections 7042 and 7043 of School Law.) 
 
138 SCHOOL LAWS. 
 
 Form IX. 
 
 BLANK WARRANT. 
 
 DISTRICT SCHOOL FUND, DISTRICT No . 
 
 189 
 
 To Treasurer County, Ark. : 
 
 Pay to or Order 
 
 the sum of 1 ... DOLLARS,. 
 
 100 
 for . } out of the 
 
 Fund. 
 
 Directors. 
 (See Sections 7051 and 7052 of School Law.) 
 
 Form X. 
 
 FOR PUBLIC EXAMINATIONS. 
 NOTICE. 
 
 Notice is Hereby Given that there will be a 
 PUBLIC EXAMINATION OF TEACHERS 
 
 At 
 
 the ..days 
 
 of A. D. 189 , to ascertain the 
 
 Professional Qualifications of all persons desiring to teach in the PUBLIC SCHOOLS 
 of County. 
 
 County Examiner.. 
 
 County, Arkansas. 
 
 Date 
 
 (See Section 7009 of School Law. "I 
 
SCHOOL LAWS. 
 
 '39 
 
 Form XI. 
 
 STATEMENT 
 
 OF THE PUBLIC SCHOOL FUNDS OF 
 
 THE YEAR ENDING JUNE 30, 
 
 COUNTY, FOR 
 
 Amount Received. 
 
 U. S. 
 Currency. 
 
 State 
 Scrip. 
 
 To 
 
 tal. 
 
 Aggregate. 
 
 Balance on hand June 30, 189 
 
 
 
 
 
 
 """ 
 
 From Common School Fund (State) 
 
 
 
 
 
 
 
 " District Tax 
 
 
 " Poll Tax 
 " Sale or Lease of Houses or Sites 
 " Grants or Gifts 
 " Other Sources 
 
 
 
 
 
 
 
 
 
 
 
 
 Total 
 
 
 
 ^ 
 
 
 
 """" 
 
 " 
 
 Amount Expended. 
 
 U. S. 
 Currency. 
 
 State 
 Scrip. 
 
 Total. 
 
 For Teachers' Salaries 
 " Purchasing Houses or Sites 
 
 
 
 
 
 
 
 " Building and Repairing 
 " Purchasing Apparatus, etc. 
 
 
 
 
 
 
 
 
 " Treasurer's Commissions 
 " Other Purposes 
 
 
 
 
 
 
 _ 
 
 Total 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Balance in County Treasury Unexpended. 
 
 U. S. 
 Currency. 
 
 State 
 Scrip. 
 
 Total. 
 
 Of Common School Fund 
 
 
 
 
 
 
 
 " District Fund 
 
 " Funds from all other Sources 
 
 
 
 
 _ 
 
 
 
 
 
 Total 
 
 STATE OF ARKANSAS, ^ 
 
 County of ) 
 
 I do hereby certify that the foregoing is a correct state 
 
 ment of the Public School Funds of County, for the 
 
 year ending Jue 30, 189 
 
 County Treasurer. 
 
 Date 
 
 (See Section 7084 of School Law.) 
 
140 
 
 SCHOOL LAWS. 
 
 FORM XII. 
 REQUIREMENTS NOTHING BELOW FIFTY TO BE CONSIDERED. 
 
 For First Grade Arithmetic, Grammar, Orthography, Eighty-five per cent each; 
 Average of Eighty-five per cent in the remainder. 
 For Second Grade Arithmetic, Grammar, Orthography, Seventy-five per cent each; 
 Average of Seventy-five per cent in the remainder. 
 For Third Grade Arithmetic, Grammar, Orthography, Sixty per cent each; Aver- 
 age of Sixty per cent in the remainder. 
 
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SCHOOL LAWS. 
 
 Form XIII. 
 
 CERTIFICATE OF SCHOOL TAX LEVIED. 
 
 ARKANSAS. 
 
 Office of School Directors, District No 
 
 TO THE HONORABLE COUNTY COURT 
 
 of. .................................................. County, State of Arkansas: 
 
 We hereby certify that at a meeting of the voters of School District No ................... 
 
 in ............................................. County, held on the ............... day of ........................ 189 ....... 
 
 it was voted that the following number of mills ................................................................. 
 
 be levied on the taxable property in said District, for the following school purposes,. 
 to-wit : 
 
 Expense of Teachers, - ......... ......... Mills. 
 
 Purchase or Lease of Site, - - - .................. Mills. 
 
 Purchase, Erection or Hire of House, - .................. Mills. 
 
 Repair of House and Grounds, ................. Mills. 
 
 Fuel, .................. Mills. 
 
 Furniture, - .................. Mills. 
 
 Other 1 ..................................................................... ............... Mills. 
 
 Purposes, \ .......................... ." ........................................... ................. Mills. 
 
 Total Amount ........................................................ Mills. 
 
 And your Honorable Body will please levy a tax on the taxable property of this- 
 District equal to the above total amount, in accordance to law. 
 
 Attest: 
 
 Directors. 
 
 Chairman. 
 Dated this day of.... 
 
H 2 SCHOOL LAWS. 
 
 Form XIV. 
 
 NOTICE OF COUNTY INSTITUTE. 
 
 Office of COUNTY EXAMINER, 
 
 189.... 
 
 BOARD OF DIRECTORS, DISTRICT NO 
 
 You will notify all Teachers holding Certificates of Qualification to teach in 
 
 Public Schools, that a Teachers' Institute will be held at 
 
 on the 
 
 >days of 189 
 
 Also that Section 7073 as amended of the School Law requires their attendance. 
 Urge upon them the importance of attending. 
 
 Very Respectfully, 
 
 County Examiner. 
 
SCHOOL LAWS. 143 
 
 Form XV. 
 
 OATH OF JUDGES 
 
 OF SCHOOL ELECTION. 
 
 STATE OF ARKANSAS, 
 County of 
 
 \Ve, 
 
 and do swear that we will 
 
 perform the duties of Judges of this election according to law, and to the best of our 
 abilities, and that we will studiously endeavor to prevent fraud, deceit and abuse in con- 
 ducting the same, and that we will not disclose how any elector shall have voted, unless 
 required to do so as witnesses in a judicial proceeding, or a proceeding to contest an 
 election. 
 
 Judges. 
 
 Form XVI. 
 
 OATH OF CLERKS 
 
 OF SCHOOL ELECTION. 
 
 STATE OF ARRANSA^. j 
 
 nt of .............................. : ................ ; 
 
 STATE OF 
 
 County 
 
 We ....................................................................................................................... 
 
 and .......................................... ........................... '.... .................. do swear that we will 
 
 perform the duties of Clerks of this election to the best of our abilities ; and that we will 
 faithfully record the names of all voters; and that we will not disclose how any elector 
 shall have voted, unless required to do so as witnesses in a judicial proceeding, or a pro- 
 ceeding to contest an election. 
 
 Clerks. 
 
 I DO CERTIFY, that 
 
 and Judges, and 
 
 and 
 
 Clerks, of the election held in District No on the day of 
 
 189 .... , were severally sworn as the law directs, previous to entering upon their respec- 
 tive duties. 
 
 Given under my hand as such this day of 189 
 
 (NOTE Forms V, XV and XVI are parts of poll-book.) 
 
INDEX. 
 
 ANNUAL SCHOOL MEETING : PAGE. 
 
 How constituted 42, 82 
 
 Who may vote 42 
 
 Quorum 42, 84 
 
 Powers of 42, 43, 44, 45, 82 
 
 Who to hold 46, 82 
 
 Ballot 46 
 
 How to count the votes 46 
 
 Duties of county court ... 47 
 
 APPARATUS : 
 
 What amount may be expended for 55 
 
 To be approved by whom 55 
 
 APPORTIONMENT : 
 
 By superintendent 19 
 
 By county court 27, 28, 29, 90 
 
 Basis of 27,19 
 
 ATTESTATION : 
 
 Of reports 61 
 
 AUDITOR: 
 
 Duties of concerning common school fund 13 
 
 Superintendent of public instruction has access to books of 20 
 
 ATTORNEY GENERAL (See Opinions}: 
 
 Duties of as to common school fund 14, 97 
 
 Opinion of, when given 20 
 
 Opinion of. 107 et seq. 
 
 AUTHENTICATION : 
 
 Of any paper or document 22 
 
 B 
 
 BLANKS: 
 
 Forms of 129 et seq. 
 
 To be furnished by state superintendent 16 
 
11 INDEX. 
 
 BRANCHES : 
 
 For state certificate 21 
 
 For county certificate 36, 37, 140 
 
 For county examiner's certificate 32 
 
 BOOKS : 
 
 List of prepared by superintendent 22 
 
 To be adopted by directors 55 
 
 BOOK AGENTS : 
 
 State superintendent not to act as 21 
 
 County examiner not to act as 21 
 
 BOUNDARY LINES: 
 
 Of school districts changed by court 26 
 
 BUILDINGS : 
 
 Report to be made of 62 
 
 Care of, in whose hands 51 
 
 Site for, how designated 43 
 
 c 
 
 COMMON SCHOOL (See Free School): 
 
 COMMON SCHOOL FUND (See Free School Fund) : 
 
 Collection of n, 12, 13, 97 
 
 No cost where plaintiff is unsuccessful 13 
 
 Whence received II, 12, 13 
 
 Debts due 13, 97 
 
 County treasurers' commission on 102 
 
 COLLECTORS : 
 
 Duties of as to per capita tax 13 
 
 COMMISSIONERS, COMMON SCHOOL 13 et seq. 
 
 How composed , 13 
 
 Time and place of meeting 13 
 
 Who presides 14 
 
 The secretary of 14 
 
 Record of 14 
 
 General duties of 14, 15 
 
 CORPOREAL PUNISHMENT ...66 et seq. 
 
 COUNTY CLERKS: 
 
 Duties of 20, 29, 32, 1 16 
 
 COUNTY COURT: 
 
 Apportionment by 12, 27, 29 
 
 Change of districts 24, 25 
 
 To appoint county examiners 30 
 
INDEX. lit 
 
 COUNTY EXAMINER (see examiner) 30 et seq 
 
 CERTIFICATES : 
 
 State , 21 
 
 County, form of 23, 140 
 
 Requirements 36, 37 
 
 Revocation of 36, 37 
 
 CHARTS 55 
 
 COUNTY, NEW, ETC 30 
 
 CONTRACTS GENERALLY 52, 53, 54, 57, 58, 59 
 
 CLERK BOARD OF DIRECTORS 43, 46, 60 
 
 D 
 
 DISTRICTS 10, 12, 24, 25, 26, 27, 88, 89 
 
 Dissolution of . . . , 25 
 
 Boundaries of 24, 25 
 
 Changes of 24, 25, 26 
 
 Style and name of 25 
 
 Powers of 26 
 
 New districts 26, 29 
 
 Special or separate districts 81 et seq. 
 
 Transfers from one to another 70, 71,72 
 
 Vacancy in office of. 49, 83 
 
 Rights of parties 72 
 
 Must be numbered 40, 41 
 
 Inhabitants of to be encouraged, how 38, 39 
 
 May be dissolved by county court , 24 
 
 DIRECTORS 47 et seq. 
 
 Become active members of board when .... 124, 125 
 
 How elected 43, 47, 81, 82 
 
 Cannot be elected without majority vote 1 16, 117 
 
 Duties of. 48-73, 84, 85, 86 
 
 May not be county examiners 32 
 
 When to qualify 48, 84 
 
 Who to administer 48 
 
 Penalty for refusing to serve , 48, 49 
 
 Penalty for non-performance of duty 49, 73 
 
 Penalty for failure to report tax 73 
 
 Vacancy, how filled 49, 83 
 
 Must establish separate schools 49 
 
 Must act as corporate bodies , . 122, 123, 124 
 
 Have general charge 50, 5 1 . 85 
 
 Must contract with teachers 52, 53, 85 
 
IV INDEX. 
 
 DIRECTORS Continued. 
 
 Must adopt text books: , . . 55 
 
 Must furnish register 55 
 
 Must visit the school > 5 5, 56, 90 
 
 Must submit estimate 56, 57 
 
 Must defend for district 59 
 
 Must draw orders on treasurer 59, 88 
 
 Must not teach in their own districts 114, 115 
 
 Must close schools on examination days 72, 76 
 
 Du ties as to notices 36, 59, 60 
 
 Duties of clerk of board 60, 88 
 
 Must report to county clerk 61 
 
 Must report to county examiner 61 
 
 Must settle with county treasurer 62 
 
 May permit elder persons to attend 70 
 
 May suspend pupils 63 et seq. 
 
 Duties as to rules 63 et seq. 
 
 Duties as to transferred children 71 
 
 Duties as to private schools 72 
 
 Exempt from working roads 72, 73 
 
 Penalty for failure to report tax levied 73 
 
 For separate school districts 81 et seq. 
 
 DISBURSEMENT OF FUNDS 79 
 
 DECISIONS 107 et seq. 
 
 DISTURBANCE OF SCHOOL 78 
 
 DICTIONARIES 55 
 
 E 
 
 ELECTION : 
 
 School 42, 81, 82 
 
 Who may vote 42 
 
 How to organize 42, 43, 46 
 
 What may be done at 42, 43, 44, 45, 46 
 
 Who to hold 46 
 
 Time for opening and closing poles 46 
 
 Form of ballots 46 
 
 Who to count 46 
 
 Duties of election j udges 46, 47, 82 
 
 Duty of county clerk 46, 47 
 
 Duty of county court 46, 47 
 
 In separate school districts 81, 82 
 
 Majority to elect 116, 117 
 
INDEX. V 
 
 ELECTORS : 
 
 Must have pole tax receipt . . 42 
 
 Powers of 42, 43, 44, 45 
 
 When to meet 4 2 
 
 ENFORCEMENT: 
 
 Of rules 63 et seq. 
 
 ENUMERATION : 
 
 Report of . , 61, 62, 63 
 
 EXAMINATIONS: 
 
 Must be public and quarterly 33, 35, 36 
 
 Only teachers deserving license must teach 76 
 
 Private 38, 39 
 
 Re-examination 35, 36 
 
 Schools must be closed 72 
 
 Not to be held at time of institute 76 
 
 Teachers not to be charged for loss of time 76 
 
 EXAMINERS: 
 
 Appointment of 30 
 
 Duties of clerk 32 
 
 Duties of judge 30, 31 
 
 Duties of state superintendent 32 
 
 Examination of 32 
 
 Examination a personal service 33, 34, 35 
 
 Expenses of '. 41 
 
 General duties of 31 et seq. 
 
 How removed 41 
 
 Institutes must be held by 76 
 
 May appoint deputy 41 
 
 May not be a director 32 
 
 Must hold public quarterly examinations 35 
 
 Must present expense account 41 
 
 Must keep record of licensed teachers 38 
 
 Must prepare a report 29, 40 
 
 Must number school districts 40 
 
 Must encourage the people 38, 39 
 
 Penalties for failure to perform his duties 41 
 
 Qualifications 33 
 
 Reports to county clerk 29 
 
 Revocation of license 36, 37 
 
 Salary of 33, 41 
 
 What to examine 36, 37 
 
 When to examine 33, 35 
 
VI INDEX. 
 
 EXAMINERS Continued. 
 
 When to qualify , 32 
 
 Who are excluded from examinations 36 
 
 Who may be cited to be re-examined 36 
 
 Vacancy in office of 114 
 
 ESTIMATE: 
 
 Of school directors 56, 57, 58 
 
 EXEMPTIONS: 
 
 From road duty 72, 73 
 
 FEES: 
 
 Exaction of 86, 87, 1 16 
 
 Of justice of the peace and other officers 13 
 
 Exaciion of 86, 87 
 
 Of surveyor .- 94 
 
 Of clerks 82, 95, 1 16 
 
 Of county examiners 32, 33 
 
 FORMS: 
 
 For use of school officers 1 29 et seq. 
 
 FREE SCHOOLS: 
 
 Definition of 10 
 
 High schools may be 1 1 , 88 
 
 Failure of county to receive school fund 30 
 
 Fund, common school n, 12, 13, 102 
 
 Claims due, how collected 13, 97 
 
 Limit of taxes for 9-47 
 
 Per capita tax for 9,12 
 
 Power to tax for '. 10 
 
 Right to attend 9, 63, 70 
 
 Support of. 9, 10 
 
 What may be taught in 37, 77 
 
 FUNDS: 
 
 Common school II, 12, 13, 102 
 
 Treasurers to report 79, 80 
 
 Treasurers' commission on 102 
 
 To be invested 14 
 
 How apportioned 19, 27, 90 
 
 How paid out of state treasury 20 
 
 G 
 
 GLOBES 55 
 
 GRADES OF CERTIFICATES 21, 22, 37 
 
INDEX. Vll 
 
 H 
 HIGH SCHOOLS MAY BE SUPPORTED BY TAXATION 1 1 , 85, 86 
 
 I 
 
 INSTITUTES: 
 
 State Superintendent to hold 16 
 
 County examiner to hold 7^ 
 
 Not to be held at time of examination 76 
 
 Teachers must attend 7 
 
 County Normal Institute 23 
 
 INCOMPETENCY OF TEACHERS 37> 87 
 
 J 
 
 JUDGE, COUNTY (See County Court}: 12, 30 
 
 L 
 
 L/VND SURVEY, ETC.: 
 
 Required to be taught 37 
 
 LEASE OF SCHOOL LANDS 101, 102 
 
 LICENSE, COUNTY . 37 
 
 Unlawful without examination 38 
 
 State, requirements for 21 
 
 M 
 
 MONTH: 
 
 Term defined 54 
 
 MAPS 55 
 
 MAYOR: 
 
 Duties of in separate districts 81 
 
 MEMORIAL: 
 
 House No. i 96 
 
 NORMAL SCHOOLS: 
 
 Power to support by taxation .' 1 1 
 
 County normal institutes 23 
 
 Teachers must attend 76 
 
 Length of county normal 24 
 
 District normals 24 
 
 NOTICE : 
 
 Of annual school meeting 59. 60 
 
 Of petition for transferred children 71 
 
 Of county examiners 36, 76 
 
 Of change in district 25 
 
 For separate districts 81,83 
 
Vlll INDEX. 
 
 o 
 
 OFFICE OF STATE SUPERINTENDENT 16 
 
 OATH OF OFFICE 32,48,84 
 
 OFFICERS: 
 
 Election of, how certified 61 
 
 OPINIONS OF ATTORNEY GENERAL : 
 
 Application of funds 107, 108 
 
 As to clerk's fees 1 16 
 
 As to separate schools 117, 118, 119, 120 
 
 . Directors must receive a majority 1 16, 1 17 
 
 Directors serve, how long. 124, 125 
 
 Duties of treasurer 1 20 
 
 Duties of transferred persons 121, 122 
 
 Power of court to fill vacancy 114 
 
 Rights of pupils 108113 
 
 School boards, corporate bodies 122, 123, 124 
 
 School directors as teachers 114, 115 
 
 Directors become active members when 124, 125 
 
 PUBLIC SCHOOL (See free School) : 
 
 Private schools can not be based upon public taxation 10 
 
 PROSECUTING ATTORNEY : 
 
 Duties of as to school fund 14, 80 
 
 PERMANENT SCHOOL FUND 12 
 
 PENALTIES 41, 48, 49, 62, 73, 78, 79 
 
 PRIVATE SCHOOL 72 
 
 No taxation for support of 10 
 
 POLL BOOKS: 
 
 To be used by directors in annual meeting 17 
 
 PATENTS 99, 100, 101 
 
 PETITION : 
 
 For separate school 81 
 
 For transfer 70, 71 
 
 PUNISHMENT 66 
 
 Q 
 
 QUESTIONS : 
 
 To be furnished by State Superintendent 16 
 
INDEX. 1* 
 
 R 
 RACES, SEPARATE SCHOOLS FOR 49, 7 1 
 
 RIGHTS : 
 
 Of district over funds 
 
 Of parties transferred 7*, 121, 122 
 
 Of pupils into public schools 108, 109, no, in, 112, 113, 114 
 
 REGISTERS : 
 
 Form of 2 5 
 
 Who to furnish 16, 25 
 
 Directors must procure 55 
 
 Teachers' duties 75' 77 
 
 RE-EXAMINATIONS : 
 
 Required 35> 3 8 
 
 Renewals of certificates 3^ 
 
 REVOCATION OF LICENSE 3 6 > 37 
 
 RECORDS: 
 
 Of state supnrintendent *6 
 
 REPORT : 
 
 Of state superintendent J 7 
 
 Of county examiner 4 
 
 Of school directors to county examiners 61, 62 
 
 Of school directors to county clerk 61 
 
 REMOVAL : 
 
 Of teacher 37, 87 
 
 Of county examiner ^ 4 1 
 
 RULES : 
 
 What may be prescribed by State Superintendent 16 
 
 Of directors and teachers 63 et seg. 
 
 s 
 
 SEAL OF STATE SUPERINTENDENT 22 
 
 SECRETARY OF STATE : 
 
 One of board of commissioners 13 
 
 Shall be president of board 14 
 
 May call meeting of board I3 H 
 
 SEPARATE SCHOOL DISTRICTS 81 et seq- 
 
 SEPARATE SCHOOLS : 
 
 For both races 49 7 1 * 120 
 
 SALARY OF EXAMINERS 32, 41 
 
 SCHOOL DIRECTORS (see directors) 47 ** 3- 
 
 SCHOOL DISTRICTS (see districts) 24 et seq. 
 
X INDEX. 
 
 SCHOOL LANDS 91 et seq. 
 
 SCHOOLS FOR CITIES AND TOWNS 81 et seq. 
 
 SCHOOL HOUSES: 
 
 Tax must be voted for 43, 44 
 
 Director to have charge of and contract for 51, 55 
 
 Not lawful to fix a site for, or vote tax for, when 60 
 
 Private school may be taught in 72 
 
 SCHOOL LAWS : 
 
 State superintendent to publish 20 
 
 SECTARIAN BOOKS PROHIBITED :... 77 
 
 SIXTEENTH SECTIONS 12, 91, 92, 93, 94, 96 
 
 SPECIAL SCHOOL DISTRICT 81 et seq' 
 
 STUDIES : 
 
 Report of 6 1 
 
 SUITS AT LAW: 
 
 Direcrors duties 59 
 
 STATISTICS 19 
 
 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION : 
 
 Duties of with reference to common school fund 14, 17, 18 
 
 Apportionment by 19, 21 
 
 General duties of 13 et seq. 
 
 To publish laws and render decisions . . . . , 20 
 
 Vacancy in office 21 
 
 Not to act as agent 21 
 
 To grant state certificats 21 
 
 To recommend books, etc 22 > 55 
 
 Must examine county examiner 32 
 
 SUPERVISION OF PUBLIC SCHOOLS: 
 
 To whom confined 15, 1 6 
 
 STATE LANDS, TEN PER CENT OF SALES 1 1, 120 
 
 SUSPENSION : 
 
 Power of 63 
 
 T 
 
 TAXATION FOR SCHOOLS 9, 10, u, 46, 47 
 
 For normal and high schools 1 1 
 
 TEACHERS' INSTITUTES 23, 76 
 
 TEACHERS : 
 
 Assistants must hold license 53> 75 
 
 Assistants must have contract 53 
 
 Cannot suspend pupils 63 
 
INDEX. XI 
 
 TEACHERS Continued. 
 
 Causes for revocation of license 36, 37 
 
 Certificates, grades of. 21, 37 
 
 Certificates cannot be renewed 38 
 
 Certificates, valid, for how long 38 
 
 Certificates expiring while teaching, effect of 73 74 
 
 Characteristics of good teachers 34, 35 
 
 Examination of 35 
 
 License expiring while teaching, effect of 73 74 
 
 May have license revoked 36, 37 
 
 Moral character of 36 
 
 Must pay fees to county treasurer 32 
 
 Must contract with directors 52, 53, 54, 75 
 
 Must hold license 52, 73, 75 
 
 Must use register 55 75> 75 
 
 Must be reported by directors 6 1 
 
 Must report infraction of rules 63 
 
 Must ba examined : . . . . 35 , 36 
 
 Must believe in a supreme being 36 
 
 Must teach common school branches 37 
 
 Must be re-examined, when 3g 
 
 Must attend county institutes 76 
 
 Must not permit sectarian teaching 77 
 
 Must not be charged for loss of time, when 76 
 
 Penalty for failure to report 77 
 
 Penalty for teaching without license. ... 73, 74, 75 
 
 Power as to rules 65 ,66, 67 
 
 Power as to corporal punishment 66 
 
 Superintendent must hold license when 54, 73, 75 
 
 Superintendent must have contract 54, 75 
 
 What teachers must report 55 
 
 With certain vices, may not teach 36 
 
 Wages, how affected by revocation 37 
 
 Removal of 37 87 
 
 TEXT BOOKS : 
 
 State superintendent to prepare list of 22 
 
 Directors to adopt . . . . 55 86 
 
 TAXES : 
 
 How voted and levied 13, 43, 46, 47 
 
 How collected 13, 47, 71, 72, 73 
 
 TREASURER: 
 
 State , 22, 36, 120 
 
 County 22, 36, 78, 79, 80 
 
Xll INDEX. 
 
 TREASURER Continued. 
 
 Orders of directors upon 59, 74 
 
 Duties as to funds of transferred children 71, 121, 122 
 
 Commission on school fund 102 
 
 TRANSFERS : 
 
 General power 25, 70, 121, 122 
 
 Colored children, ten or less 71 
 
 White children, ten or less 71 
 
 Taxes of ^ 72, 121 
 
 Rights of 72 
 
 TRESPASS 78 
 
 U 
 UNIVERSITY : 
 
 Power to support by taxation 1 1 
 
 V 
 
 VACANCIES: 
 
 In office of Superintendent of Public Instruction 21 
 
 In office of examiner 41 
 
 In office of director 49, 83 
 
 VISITATION : 
 
 Of directors 55, 56 
 
 In separate districts 86, 90 
 
 VIOLATIONS OF SCHOOL LAW 80 
 
 WARRANTS 59, 78, 88 
 
 Statutes of limitation run against 59 
 
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