LB p s i I | ! I IC-NRLF SB 20 bbl School Laws of the State of Mississippi W. F. BOND State Superintendent of Education 1918 MIMMMIMI^^IMM^ SCHOOL LAWS OF THE STATE OF MISSISSIPPI CONTENTS Biographical Sketches of State Superintendents of Edu- cation 2-5 State Officers 1916-M9 6-7 State Institutions, Trustees of 7 State Institutions, Presidents of 8 Text Book Commissions 8 Superintendents, County 8-10 Constitution of State Education Article 8 11-13 County Schools Data 14-15 Agricultural High Schools 18-25 Consolidated Schools 26-31 Public Schools 32-75 County Superintendents 76-85 State Superintendent 86-89 Teachers I nstitute 90-91 Teachers License : 92-102 Text Books 102-119 Sixteenth Sections .".120-136 Illiteracy Commission 137-138 Holidays 138 Opinions of Attorney General 138-141 Code of Ethics for Mississippi Teachers 142 Index 142 W. F. BOND State Superintendent of Education 1918 TUCKER PRINTING HOl>6E JACKSON MISS BIOGRAPHICAL SKETCHES OF STATE SUPERINTENDENTS OF EDUCATION Prepared by JAS. W. BROOM, Assistant State Supt. of Education. The first State Superintendent of Education was HENRY R. PEASE. He was born in Connecticut, February 19th, 1835. After receiving a liberal education he taught for eleven years. He entered the Union Army as a private and rose to the rank of Captain. Mr. Pease served as Superintendent of Education in Louisiana while that State was under military rule, and later was appointed Superintendent of Education of Freedmen in Mississippi. He was elected Superintendent of Education on the ticket with Alcorn in 1869, and upon him devolved the duty of organizing the system of free schools. His competency was never questioned, but he failed to satisfy the demands of the colored race for office, and was set aside. He afterwards served in the United States Senate for a short time. The successor of Mr. Pease was THOMAS W. CARDOZA, a negro, who, at the time of his election in 1873, was under indictment for malfeasance in office while circuit clerk in Warren County. In 1876, on account of misappropriation of school funds, he was impeached, but was allowed to resign. Governor Stone appointed as Cardoza's successor THOMAS S. GATHRIGHT. Mr. Gathright was educated at Tutwiler, Alabama, and at the time of his appointment as State Superintendent, was principal of the Somerville Institute, Gholsen, Noxubee County, Mississippi. Senator A. J. McLaurin, Dr. A. G. McLaurin, Judge John Enochs, D. M. Mayers, and many other prominent Missis- sippians, attended this Institute. Superintendent Gathright was not a candidate for re-election and immediately following the expiration of his term of office, accepted the presidency of the Agricultural and Mechanical College at Bryan, Texas, which position he held with credit until his death. The fourth man to hold the office of State Superintendent of Education was DR. JOSEPH BARD WELL. He was born in Hereford County, North Carolina, in 1828. When he was only three or four years old, his father moved to Oktibbeha County, Mississippi. After attending school at Viney Grove Academy, Lincoln County, Tennessee, and later at Louisville, Mississippi, he entered the Col- lege of New Jersey, at Princeton, and was graduated in 1847. Dr. Bardwell was licensed and ordained to preach at Philadelphia, Mississippi, in 1853, and at the time he became State Superinten- dent of Education, he was pastor of the First Presbyterian Church at Meridian. He was Moderator of the Synod of Mississippi in 1881, became a member of the Faculty of the Southern Presby- SCHOOL LAWS OF MISSISSIPPI 3 terian University in 1888, and in 1892, president of Florence Female College, at Florence, Alabama. After a career of singular useful- ness, Dr. Bardwell died at Starkville, Mississippi, Sept. 22nd, 1893. In January, 1878, GENERAL JAMES ARGYLE SMITH became State Superintendent of Education. General Smith was a native of Tennessee, and was appointed to the United States Military Academy from Mississippi in 1849. After his graduation from the Academy, he was on duty with the United States Army in the West until 1861, when he resigned to accept a commission as Cap- tain in the Confederate Army. He was a gallant soldier and won rapid promotion. When General Cleburne was killed at Franklin, Tennessee, Smith succeeded to the command of his division. After the war he returned to Mississippi and engaged in farming until elected Superintendent of Education for the State. JAMES R. PRESTON was born in Virginia, January 22nd, 1853. He was educated at Georgetown University and at Emory and Henry College, Virginia, and after teaching one year each in Tennessee and Indiana, moved to Mississippi in 1875. He taught in Noxubee County, at Okolona, and at Water Valley. He waa elected Superintendent in 1885, and served until 1896. His administration of office was distinguished by many reforms in method and by a general increase in interest in educational work among other things he introduced uniform written examinations for teachers, and also secured the passage of laws requiring County Superintendents to inspect schools and arrange and manage institutes for teachers. Upon retiring to private life, Mr. Preston studied at Edinburgh, Scotland, and later was President of Stanton College, Natchez, Mississippi, and Belhaven College, Jackson, Mississippi. He now owns and operates a splendid stock farm near Natchez. .ANDREW A. KINCANNON was born in Noxubee County and attended school in Lee County. From Verona High School he went to the State University. Later, he went to Lebanon, Ohio, to the Normal University. He served as a member of the A. & M. College Faculty, and was later Superintendent of City Schools at Meridian. He was elected State Superintendent in 1895. Under his direction the State Board of Examiners was created. He became President of I. I. & C. in 1898, in which position he remained until 1907, when he was elected to and accepted the Chancellorship of the University of Mississippi. Mr. Kincannon is at present Superintendent of City Schools, Memphis, Tennessee. Governor McLaurin appointed as Mr. Kincannon's successor HENRY L. WHITFIELD. Mr. Whitfield was born near Brandon, Mississippi, January 20th, 1868. He attended Fannin High School, Rankin County, under Dr. L. T. Fitzhugh, and later Mississippi College, from which institution he was graduated in ^52271 4 SCHOOL LAWS OF MISSISSIPPI 1894. He was Principal of School at Westville, and at Steen's Creek. He became State Superintendent of Education in 1898, was elected in 1899, and re-elected in 1903. In 1907 Mr. Whitfield was elected President of 1. 1. & C., which position he still holds. JOSEPH NEELY POWERS was born March 15th, 1869, at Hava- na, Hall County, Alabama. His father was a pioneer Methodist preacher, and was Chaplain in the Condeferate Army. Mr. Powers attended County School at Bladen, Alabama, and also Livingston Academy and Tuskegee Military University. He began his collegiate course at Southern University, and later studied at University of Chicago, receiving the M. A. degree. He was Superintendent of City Schools at West Point, Mississippi, when Governor Vardaman appointed him State Superintendent of Education, and later elected by the people. Mr. Powers was elected Chancellor of the State University in 1914, which position he now occupies. WILLIAM H. SMITH, "Corn Club" Smith, was born near Vernon, Lamar County, Alabama, in 1866. He obtained his early education in Lamar County, Alabama, and in Clay County, Mississippi. He received his high school training at Cairo, Missis- sippi, under W. A. Belk. Later, he entered the luka Normal Institute and was graduated in 1889. Mr. Smith taught at Ackerman, Eupora, and Durant, and served as County Superin- tendent in Holmes County, from 1906 to 1910, and was the origin- ator of Boys' Corn Club Work in Mississippi. In 1910 he became State Rural School Supervisor. He was appointed State Super- intendent of Education in September, 1914, was elected in 1915, and was made President of A. & M. College in 1916. This position he now holds. W. F. BOND, the present incumbent of the office of State Superintendent of Education, is a native of Mississippi, having been born in the rural districts of Harrison County, February 22nd, 1876. He was appointed to the State Superintendency by Gov- ernor T. G. Bilbo September 15th, 1916. After acquiring a com- mon school education, and after teaching in the rural public schools for a period of five years, he matriculated in Peabody College, Nashville, Tennessee, where after a course of study extending through four years he was graduated with the degree of Bachelor of Arts. On completing his college course, he returned to his native State, and served as teacher in various capacities, conspicuous positions held by him being the principalship of the High School at Wiggins, Mississippi, and the Chair of History and Latin in the Mississippi Normal College. The latter place he filled most acceptably for four years, and it was from this position that he was elevated to the State Superintendency of Public Educa- tion. With little or no resources at his command and against SCHOOL LAWS OF MISSISSIPPI 5 adverse circumstances of formidable character, he has by dint of unremitting endeavor and will power, forged his way from an obscure beginning to a position of importance and leadership. During his two years' tenure of this office, he has shown an unusual grasp of the State educational system; and by better organization and administrative methods, he hopes to make the common schools more effective and to bring them to a larger service of the people. His ambition is to have a first rate public school in every commu- nity and to carry high school advantages to all the boys and girls of the commonwealth. As State Superintendent of Education, he is ex officio a member of the Board of Trustees of all the State Col- leges, whereon he serves with ability and strives in every laudable way to promote higher education in the State and thus to round out a continuous and harmonious system of public education. Mr. Bond was married in 1905 to Miss Susie Graham, of Epley, Mississippi, who was a pupil of his at the time, and from this union have sprung four happy and interesting children. STATE OFFICERS 1916-1919 THEO. G. BILBO, Governor Jackson LEE M. RUSSELL, Lieutenant Governor Oxford Jos. W. POWER, Secretary of State Jackson Ross A. COLLINS, Attorney General Jackson DR. J. P. TAYLOR, Treasurer Jackson ROBT. E. WILSON, Auditor Jackson W. F. BOND, Superintendent of Education,..- Jackson T. M. HENRY, Insurance Commissioner. Jackson GEO. C. MYERS, Supreme Court Clerk. Jackson M. A. BROWN, Land Commissioner. Jackson STOKES V. ROBERTSON, Revenue Agent Jackson P. P. GARNER, Commissioner of Agriculture Jackson GEO. R. EDWARDS, R. R. Commissioner, 1st District McCool F. M. SHEPPARD, R. R. Commissioner, 2nd District Richton W. B. WILSON, R. R. Commissioner, 3rd District Corinth W. A. MONTGOMERY, Prison Trustee, 1st District Edwards J. F. THAMES, Prison Trustee, 2nd District Mendenhall L. Q. STONE, Prison Trustee, 3rd District Tupelo E. F. ANDERSON, Bank Examiner, 1st District Clinton J. S. LOVE, Bank Examiner, 2nd District..^ Hattiesburg S. S. HARRIS, Bank Examiner, 3rd District Tupelo E. C. SCALES, Adjutant General Jackson DUNBAR ROWLAND, Archives and History Jackson MRS. W. F. MARSHALL, State Librarian Jackson X. A. KRAMER, Highway Engineer Jackson E. N. LOWE, State Geologist : Jackson SUPREME COURT JUDGES. JUDGE SIDNEY SMITH....._ Jackson JUDGE J. B. HOLDEN Jackson JUDGE E. O. SYKES Jackson JUDGE S. C. COOK..._ Jackson JUDGE J. MORGAN STEVENS Jackson JUDGE GEORGE H. ETHRIDGE Jackson STATE DEPARTMENT OF EDUCATION. W. F. BOND Superintendent J. W. BROOM Assistant Superintendent J. T. CALHOUN : Rural School Supervisor BURA HILBUN Supervisor of Negro Schools F. J. HUBBARD Director of Secondary Agricultural Education S. J. GREER Assistant Director of Agricultural Education Miss MAUD ALLEN. Secretary Miss PATTI M. BATSON r Secretary Miss DOROTHY Q. MALTBY. Secretary SCHOOL LAWS OF MISSISSIPPI 7 STATE BOARD FOR VOCATIONAL EDUCATION. W. F. BOND, Superintendent Executive Officer J. W. BROOM Assistant Superintendent DR. D. C. HULL .Superintendent of Meridian City Schools J. T. CALHOUN Rural School Supervisor BURA HILBUN Supervisor of Negro Schools MRS. BESSIE S. LASH Secretary STATE BOARD OF EDUCATION. Jos. W. POWER j Secretary of State Ross A. COLLINS Attorney General W. F. BOND State Superintendent of Education STATE BOARD OF EXAMINERS. G. W. HUDDLESTON, President. 0. A. SHAW, B. T. SCHUMPERT, MRS. SUSIE BOND, Secretary. TRUSTEES OF UNIVERSITY OF MISSISSIPPI, INDUSTRIAL INSTITUTE AND COLLEGE, AGRICULTURAL AND MECHANICAL COLLEGE, AND THE ALCORN AGRICULTURAL AND MECHANICAL COLLEGE. GOVERNOR THEO. G. BILBO, President Jackson W. F. BOND Jackson O. F. LAWRENCE Grenada E. L. BRIEN Vicksburg R. P. LINFIELD Gulfport LEE M. RUSSELL Oxford BEE KING Mendenhall W. C. TROTTER Winona J. S. HOWERTON : Guntown J. R. TIPTON (University only) Hernando TRUSTEES STATE NORMAL COLLEGE. GOVERNOR THEO. G. BILBO President W. F. BOND Jackson W. E. STOKES Macon T. C. KIMBROUGH West Point E. E. FRANTZ ."_ Jackson J. W. FOOTE Hattiesburg J. F. BURROW Ruleville FRED SMITH Ripley Jos. E. NORWOOD Magnolia L. P. BROWN, SR Meridian 8 SCHOOL LAWS OF MISSISSIPPI PRESIDENTS OF STATE INSTITUTIONS. J. N. POWERS, Oxford University of Mississippi W. H. SMITH, Agricultural College Agricultural & Mechanical College H. L. WHITFIELD, Columbus Industrial Institute & College JOE COOK, Hattiesburg State Normal College L. J. ROWAN, Alcorn Alcorn Agricultural & Mechanical College MISSISSIPPI TEXT BOOK COMMISSION. SUPERINTENDENT W. F. BOND, ex officio Jackson, Mississippi T. M. SYKES, Secretary Meridian, Mississippi H. B. HEIDELBERG Clarksdale, Mississippi R. H. WATKINS Laurel, Mississippi W. V. FRIERSON _ Columbus, Mississippi J. G. BRIDGES Meadville, Mississippi L. H. JOBE Ripley, Mississippi B. L. COULTER =. Ackerman, Mississippi MONROE BALL Florence, Mississippi MISSISSIPPI AGRICULTURAL HIGH SCHOOL BOOK COMMISSION. SUPERINTENDENT W. F. BOND, ex officio Jackson, Mississippi F. J. HUBBARD, Secretary Jackson, Mississippi M. E. MOREHEAD Courtland, Mississippi A. G. GAINEY Senatobia, Mississippi J. A. HUFF Poplarville, Mississippi COUNTY SUPERINTENDENTS COUNTY. SUPERINTENDENT. ADDRESS. Adams M. C. Montgomery. Natchez Amite. J. N. Steele Liberty Alcorn .'...W. A. McCord Corinth Attala. __ W. A. Hull Kosciusko Benton. W. T. Renick Ashland Bolivar... G. H. Armstrong Cleveland Calhoun....._ J. O. Rich Pittsboro Carroll D. D. Fullilove Vaiden Chickasaw. George D. Riley Houston Choctaw J. F. Bridges Ackerman Claiborne. S. J. Russell ..Willows Clarke G. B. Parker Quitman Clay. E. H. Walker West Point Coahoma._.._ J. M. Brooks Clarksdale Copiah A. A. McAlpin Hazlehurst SCHOOL LAWS OF MISSISSIPPI 9 COUNTY SUPERINTENDENT ADDRESS Covington..... Alex. Newton Collins DeSoto R. E. L. Morgan Hernando Forrest...._ E. J. Carrie ...Hattiesburg Franklin...- W. L. Foreman Meadville George. W. A. Avera Lucedale Greene.__ Newton James Leakesville Grenada. M. McKibben Grenada Hancock John Craft Bay St. Louis Harrison W. H. Wood Gulfport Hinds.. F. M. Coleman Jackson Holmes.. J. M. Kimbrough Lexington Humphreys. T. D. Rice Belzpni Issaquena George Robinson Mayersville Itawamba. J. A. Senter Fulton Jackson. A. L. Flurry Pascagoula Jasper. C. E. Watkins Bay Springs Jefferson L. L. Posey Fayette Jefferson Davis. W. W. Lee Prentiss Jones C. W. Jenkins Laurel Kemper- D. W. Jackson DeKalb Lafayette. C. A. McLarty Oxford Lamar A. Q. Broadus Purvis Lauderdale T. C. Lockard Meridian Lawrence. W. L. McGahey Monticello Leake. C. M. Langford Carthage Lee.- .....T. M. Milam Tupelo Leflore. J. R. Hughes Greenwood Lincoln _ Barney Grice Brookhaven Lowndes E.A.Stanley Columbus Madison G. R. Bennett Canton Marion. E. I. Watts Columbia Marshall J. P. Horton Holly Springs Monroe W. A. Addington. Aberdeen Montgomery. Guy C. Burton Winona Neshoba. _ I.E. Peebles Philadelphia Newton. M. C. Scarborough Decatur Noxubee J. G. Chandler Macon Oktibbeha.- C. E. Scroggins Starkville Panola. C. B. Young Sardis Perry ; W. F. Backstrom New Augusta Pike H. W. Kenna Magnolia Pearl River. Leopold Locke Poplarville Pontotoc. J. R. Spencer Pontotoc Prentiss G. D. Chambers Booneville Quitman F. M. Bizzell Marks Rankin. 1 H. H. Bullock Brandon Scott _ O. D. Loper ... ...Forest 10 SCHOOL LAWS OP MISSISSIPPI COUNTY SUPERINTENDENT ADDRESS Sharkey. J. N. Hall Rolling Fork Simpson J. R. Williamson Mendenhall Smith.- Allen Caughman Raleigh Sunflower W. P. Sanders, Jr _...Indianola Stone. C. H. Bass Wiggins Tallahatchie R. H. Harrison Charleston Tate. J. T. Cathey Senatobia Tippah J. E. Pearce Ripley Tishomingo N. L. Phillips luka Tunica L. C. Canon Tunica Union. '. T. O. Randall New Albany WalthalL- C. L. Brumfield Tylertown Warren.- J. H. Culkin Vicksburg Washington. B. L. Hatch Greenville Wayne. J. M. Wilkins Waynesboro Webster. A. C.Webb Walthall Wilkinson J. C. Day Woodville Winston.. Neal Prisock Louisville Yalobusha.- J. R. Hodnett Water Valley Yazoo. Hugh Bull Yazoo City CONSTITUTION OF MISSISSIPPI ARTICLE VII. Education. Section 201. It shall be the duty of the legislature to en- courage, by all suitable means, the promotion of intellectual, scientific, moral and agricultural improvement, by establish- ing a uniform system of free public schools, by taxation, or otherwise, for all children between the ages of five and twenty- one years, and, as soon as practical, to establish schools of higher grade. Sec. 202. There shall be a superintendent of public educa- tion elected at the same time and in the same manner as the governor, who shall have the qualifications required of the secretary of state, and hold his office for four years and until his successor shall be elected and qualified, who shall have the general supervision of the common schools, and of the educational interests of the state, and who shall perform such other duties and receive such compensation as shall be pre- scribed by law. Sec. 203. There shall be a board of education, consisting of the secretary of state, the attorney-general, and the superin- tendent of public education, for the management and invest- ment of the school funds, according to law, and for the per- formance of such other duties as may be prescribed. The superintendent and one other of said board shall constitute a quorum. Sec. 204. There shall be a superintendent of public educa- tion in each county, who shall be appointed by the board of education by and with the advice and consent of the senate, whose term of office shall be four years, and whose qualifica- tions, compensation and duties shall be prescribed by law; provided, that the legislature shall have power to make the office of county superintendent of the several counties elective, or may otherwise provide for the discharge of the duties of county superintendent, or abolish said office. Sec. 205. A public school shall be maintained in each school district in the county at least four months during each scholas- tic year. A school district neglecting to maintain its school four months, shall be entitled to only such part of the free school fund as may be required to pay the teacher for the time actually taught. 12 CONSTITUTION OF MISSISSIPPI Sec. 206. There shall be a county common school fund, which shall consist of the poll-tax, to be retained in the county where the same is collected, and a state common school fund, to be taken from the general fund in the state treasury, which together shall be sufficient to maintain the common schools for the term of four months in each scholastic year. But any county or separate school district may levy an additional tax to maintain its schools for a longer time than the term of four months. The state common school fund shall be dis- tributed among the several counties and separate school dis- tricts in proportion to the number of educable children in each, to be determined from data collected through the office of the State Superintendent of Education in the manner to be prescribed by law. Sec. 207. Separate schools shall be maintained for children of the white and colored races. Sec. 208. No religious or other sect, or sects, shall ever control any part of the school or other educational funds of this state ; nor shall any funds be appropriated toward the support of any sectarian school; or to any school that at the time of receiving such appropriation is not conducted as a free school. Sec. 209. It shall be the duty of the legislature to provide by law for the support of institutions for the education of the deaf, dumb, and blind. Sec. 210. No public officer of this state, or of any district, county, city or town thereof, nor any teacher or trustee of any public school, shall be interested in the sale, proceeds or profits of any books, apparatus or furniture to be used, in any public school in this state. Penalties shall be provided by law for the violation of this section. Sec. 211. The legislature shall enact such laws as may be necessary to ascertain the true condition of the title to the sixteenth sections of land in this state, or land granted in lieu thereof, in the Choctaw purchase, and shall provide that the sixteenth section lands reserved for the support of township shools shall not be sold, nor shall they be leased for a longer term than ten years for a gross sum; but the legislature may provide for the lease of any of said lands for term not ex- ceeding twenty-five years for a ground rental, payable an- nually, and in case of uncleared lands, may lease them for such short term as may be deemed proper in consideration of the improvement thereof, with right thereafter to lease for a term or to hold on payment of ground rent. Sec. 212. The rate of interest on the fund known as the Chickasaw school fund, and other trust funds for educational CONSTITUTION OF MISSISSIPPI 13 purposes, for which the state is responsible, shall be fixed and remain as long as said funds are held by the state at six per centum per annum from and after the close of the fiscal year A. D. 1891, and the distribution of said interest shall be made semi-annually on the first of May and November of each year. Sec. 213. The state having received and appropriated the land donated to it, for the support of agricultural and me- chanical colleges, by the United States, and having, in further- ance of the beneficent design of Congress in granting said land, established the agricultural and mechanical college of Mississippi, and the Alcorn agricultural and mechanical col- lege, it is the duty of the state to sacredly carry out the con- ditions of the act of Congress upon the subject, approved July 2, A. D. 1862, and the legislature shall preserve intact the endowments to, and support, said colleges. Assessed valuation of county 1917 (NNO^^^CQiO^tO co ; ; County levy for A. H. S _________ aa a a c/5 c/3 c/i see pJSS 'I -I a is a a as 00000000000000000000000 ooooooooooo Annual salary Co. Supt._ _.-_. .... Illg lll Length of P. S. term .. aaaaasaaaaaaaaaaaaaasaaaaa WWW W-H U No consolidated schools with transportation O 5O O M C^ O 00 rjl To colored schools CO -l Tj< CO ^ t^ CO C^ Tj< .-1 CO O * -t 10. white schools County levy for schools-. a a aaaaaaaaa ^CO^COTHfN^THTH jo 42 J2 ^2 42 ^-, 111111 pproximate Np. colored teachers '-iOOOO t^ t^ C CO *-* CO f-H O 1-1 CO CO O> Approximate No. hite teachers i-H ,-KM i ; 10 'a I 'a I-H ; ,-< : IN 6 6 6 6 6 as 6 1'aiaaa ^OOOJOOOOOOOOO 'OOOOOOO*O '(NOOOOOOCM aaaseaaessssseaes ssBeeese Bees : I-H co o c^ oo -! iOCOCOCOO5COOt>'-i -^ ;o-i- co c^ - co o cc co co co CD oo co N us ^ TJ o> tn w w 111 1 ! II 'a'a !'a Pa'aa V) V) V) Ui VI V) CO 1'al'e a 'a a c^ said principal teacher of the rural school, or of the super- intendent or principal of the school or schools in any muni- cipal separate district, as the case may be, giving the name, date of birth, age, race, sex and estimated distance from the school house by the nearest traveled road, the name and ad- dress of parents, guardian or other person in parental rela- tionship. Sec. 9. (a) The provisions of this act shall not be applicable to any county in the state, unless and until an election shall have been held to determine whether or not the people of said county, or of any supervisors district, separate school district or consolidated school district shall vote to come in under same. PUBLIC SCHOOLS 75 Sec. 9. (b) The board of supervisors of any county shall, upon petition signed by twenty per cent of the qualified elec- tors of said county, or twenty per cent of the qualified electors of a supervisors district, or by twenty per cent of the qualified electors of any separate school district, or by twenty per cent of the qualified electors of any consolidated school district of said county, order an election to be held in the county at large, or in a separate school district, or in a consolidated school district, as the case may be, to determine the will of the people as to whether said county or separate school dis- trict, or consolidated school district shall come under the provisions of this act. In the event a majority of those voting in said election shall vote for compulsory school attendance, then the provisions of this act shall apply, and not otherwise. Sec. 9. (c) Provided, that in any county, or supervisors dis- trict, or consolidated school district, or separate school dis- trict where a special election shall have been held and carried in favor of the provisions of this act, no subsequent election on the subject of compulsory school attendance shall be held within four scholastic years after the date of such election. Sec. 10. That this act take effect and be in force from and after September 1, 1918. CODE 1906. Sec. 4639 Hemingway's Code. 2272. Doors to open outwardly. All the doors for ingress and egress to public schoolhouses, theatres, assembly rooms, halls, courthouses, churches, factories with more than twenty employes, and all other buildings and places of public resort whatever, where people are wont to assemble, excepting school- houses, courthouses, and churches of one audience-room, and that on the ground floor, shall be so swung as to open outward- ly from the audience-rooms, halls, or workshops; but such doors may be hung on double- jointed hinges, so as to open with equal ease outwardly or inwardly. 76 COUNTY SUPERINTENDENT COUNTY SUPERINTENDENT. Sec. 7566 Hemingway's Code. 4809. Designation and qualifications. There shall be a superintendent of public education in each county, who shall be elected by the people, whose term of office shall be for four years. Before any one shall be elected to the office he shall have attained the age of twenty-one years, and shall be a qualified elector and a resident citizen of the state for four years and of the county for two years immediately pre- ceding his election, and shall have passed the examination provided for in the section following the next one and have received a certificate accordingly. Sec. 7567 Hemingway's Code. 4810. Elected in all counties. County superintendents of education shall be elected at the same time and in the same manner as other county officers are elected, and a vacancy occurring in said office shall be filled in the manner provided by law for the filling of vacancies in other county offices. CHAPTER 249. LAWS 1912. Sec. 7568 Hemingway's Code. 4811. How examined. All applicants or candidates for the office of county superintendent shall pass an examination on the branches required for the first grade license, and in ad- dition on the art of teaching. The examination shall be held in the county of the applicant, and at such time as may be suggested by said applicant, by the state board of examiners, under regulations passed by the state board of education, and the result of such examination shall be speedily made known to said applicant by said board of examiners. Candidates or applicants who prefer to take the examination at Jackson can do so by giving the state superintendent of education ten days' notce, by registered letter, and having taken said examination at Jackosn the applicant shall, as speedily as practicable, be informed of the result thereof. CODE 1906. Sec. 7569 Hemingway's Code. 4812. Oath of office and bond. The county superintendent shall, before entering upon the duties of his office, take the oath of office, and give bond with two sureties, in the penal sum of not less than five hundred dollars nor more than two COUNTY SUPERINTENDENT 77 thousand dollars, payable to the state, conditional for the faithful performance of his duties, the amount of said bond to be fixed by the board of supervisors ; and in case the super- intendent fail to give the required bond within thirty days after his term of office begins, when appointed, the office shall be vacant. Sec. 7570 Hemingway's Code. 4813. Shall have an office. The county superintendent shall keep an office at the county seat of the county, which shall be provided for him, and furnished with such furniture as may be needed, by the board of supervisors, and allowed and paid for out of the school fund. Schools, see 7576. Sec. 7571 Hemingway's Code. 4814. Shall keep records. The county superintendent shall keep a record of all of his official acts, in the manner and form prescribed by law, and conform the manner of its keeping to the recommendations and directions of the state superintendent of education; and he shall preserve faithfully all reports of school officers and teachers, and, at the close of his official term, deliver to his successor all records, books, documents, and papers belonging to the office, taking a re- ceipt for the same, which shall be filed in the office of the clerk of the circuit court; and he shall perform such other duties as may be prescribed by law. Sec. 7572 Hemingway's Code. 4815. Not to teach school. A county superintendent of public education shall not teach in any school during his term of office. Sec. 7573 Hemingway's Code. 4816. Office expenses. The cost of the necessary books, fuel, office furniture, printing, stationery, and postage used by the superintendent of education in the discharge of his of- ficial duties, shall be paid for on the allowance of the board of supervisors out of the county treasury; but an allowance therefor shall not be made until an itemized account is pre- sented, with the affidavit of the superintendent attached averring its correctness. Sec. 7574 Hemingway's Code. 4497. County superintendent- Duties generally. It shall be the duty of the county superintendent: (a) To employ for each school under his supervision, such teacher or teachers as may be recommended by the local trus- tees; but the teacher shall hold his certificate of proper date and grade and execute the required contract; 78 COUNTY SUPERINTENDENT (b) To examine the monthly reports of teachers and require the signatures of a majority of the trustees certifying to the accuracy of the report, and upon the report thus certified to issue a pay certificate showing the amount of salary due, and the scholastic month for which it is issued. The pay certifi- cate must be in the form prescribed by the board of education, and a stub duplicate made out and preserved in his office; (c) To fix the salaries of teachers and to make contracts with them; (d) To enforce the course of study adopted by the board of education, and the uniform text-books adopted for the county ; (e) To enforce the law and the rules and regulations in reference to the examination of teachers ; (f) To visit the schools and require teachers to perform all their duties; (g) To select and employ teachers for public schools whose trustees fail to report a selection within ten days of the time fixed by the county school board for the beginning of the term; (h) To administer oaths in all cases of teachers, trustees, and others relating to the schools, and to take testimony in appeal cases under the school law; (i) To keep on file and preserve in his office the biennial report of the superintendent of public education and all cir- cular letters sent out by him, and a copy of the school law; (j) To distribute promptly all reports, laws, forms, circu- lars, and instructions which he may receive for the use of school officers and teachers, from the state superintendent of public education; (k) To carefully preserve all reports of school officers and teachers, and, at the close of the term of office, deliver to his successor all records, books, documents, and papers belonging to the office, taking a receipt for the same, which shall be filed in the office of the chancery clerk; (1) To make annually, on or before the first day of October, a written report to the board of supervisors and mayor and board of aldermen of the municipality constituting a separate school district, showing the name, sex and color of the teachers employed during the preceding scholastic year, the number of months taught by each, and the aggregate amounts of pay certificates issued to each and to all; and the report shall be COUNTY SUPERINTENDENT 79 filed in the office of the chancery clerk or the municipal clerk, as the case may be, and be compared by said officer with the pay certificates of the county superintendent for the period embraced in the report; (m) To file with the chancery and municipal clerks, before issuing any pay certificate for the current term, lists of the teachers employed, and the monthly salary of each as shown by the contract, and to add to the list any teachers subse- quently employed; (n) To keep in his office and carefully preserve the public school record provided; to enter therein the proceedings of the county school board, the decisions of appeal cases, and other official acts; a list of the teachers examined, licensed, and employed; and, within ten days after they are rendered, to record the data required from the monthly and term re- ports of teachers, and the annual reports of county and sep- arate school district treasurers; and from the summaries of records thus kept, to render, on or before the twentieth of October, an annual report to the state superintendent in the form and containing the particulars required; (o) To observe such instruction and regulations as the board of education may from time to time prescribe, and make special reports to those officials whenever required; and (p) To perform such other duties as may be required of him by law or the rules and regulations of the board of educa- tion; and in no case shall he receipt for a teacher's warrant or collect the money on the same. Code 1906. A false report of a public school, purporting to be signed by one who had neither been elected by the trustees nor appointed nor con- tracted with by the superintendent as a teacher of the school, did not authorize the superintendent to issue a pay warrant thereon, and hence, though false in fact, and though the superintendent issued a certificate for the payment of salary thereon, could not be the subject of forgery. Moore v. State, 107 Miss. 181, 65 So. 126. Since the county superintendent has control of the educational sys- tem of the county and is required to employ teachers selected by the local trustees and enter into contracts with them and pay for their services, neither he now his bondsmen are liable for errors of judg- ment and discretion in the absence of fraud, though by reason of such errors he paid to the teachers, etc., a greater remuneration than they were entitled to. State v. Green, 111 Miss. 32, 71 So. 171. Sec. 7373 Hemingway's Code. 4557. Monthly salaries to be proportionate to the whole school fund. Superintendents shall fix the salaries of teachers so that the amount to be paid in salaries for maintaining all the schools one month shall not exceed that fractional part of the whole school fund which one month is of the whole num- ber of months the schools are to be taught. 80 COUNTY SUPERINTENDENT CHAPTER 247. LAWS 1912. Sec. 7374 Hemingway's Code. 4558. When assistants allowed. Superintendents shall have power to allow one teacher to every fifty educable chil- dren in a school district. When a school is in operation, and has more than thirty-five children in actual attendance, in as many as five different grades, none of which shall contain less than three pupils, upon application of the trustees of the district for an assistant the superintendent shall visit the school and, after conferring with the trustees and examina- tion of the daily register, he may grant one assistant if, in his judgment, such is needed. In the same manner he may grant the second assistant, where there is in actual attendance as many as seventy pupils in as many as eight different grades. But in schools of over one hundred in actual attendance only one teacher shall be allowed for every thirty pupils. In all cases those pupils who are entitled to attend the public schools in the district shall be counted in making up the actual at- tendance. Code 1892. An indictment against a teacher for making a false report to the county superintendent for the second month, upon which he was al- lowed a second assistant teacher for the third month, and charging that with intent to defraud he obtained a teacher's pay certificate for such assistant, is demurrable in the absence of a charge that the at- tendance on the school for the third month did not entitle him to the second assistant during such month and that the certificate was not compensation for services actually rendered by such assistant during the third month. State v. Mortimer, 82 Miss. 443, 34 So. 214. CHAPTER 182. LAWS 1916. Sec. 7575 Hemingway's Code. 4498. County superintendent Penalty for failure to re- port. 1. If a county superintendent fails to make his annual report to the state superintendent by the fifteenth day of Sep- tember, he forfeits fifty dollars on his salary; and the board of supervisors, upon receiving from the state superintendent of public education notice of such failure, must deduct the amount forfeited from his salary. CODE 1906. Sec. 7576 Hemingway's Code. 4499. County superintendent Office days. The county superintendent shall be at the county seat on Saturdays of COUNTY SUPERINTENDENT 81 each scholastic month of the term to receive monthly reports, issue pay certificates, and attend to other official duties. If absent, without leave previously granted by the board of supervisors, the board shall deduct from his salary ten dollars for each day's absence, unless prevented by illness or other unavoidable cause. And when there are two judicial districts in his county, the superintendent shall alternate, going to the courthouse of the districts alternately. Officers, see 2820, 7570. Sec. 7577 Hemingway's Code. 4500. County superintendent Reports. The county super- intendent shall make to the board of supervisors and mayor and board of aldermen of a municipality constituting a sep- arate school district, reports for each scholastic month, which shall show the amount of pay certificates issued for that month, together with a statement showing the schools visited, the date of visitation, and the time he spent in each school during his visit ; and it shall be unlawful to allow the salary of the superintendent until said report be on file. CHAPTER 183. LAWS 1916. Sec. 7578 Hemingway's Code. 4501. County superintendent Salary, how paid Must de- vote time to duties. 1. The salary of the county superinten- dent shall be paid out of the county common-school fund, on allowance of the board of supervisors after it has approved the report required to be made to it every month by the superintendent, and the salary is fixed at five per centum of the total school fund received by the county and separate school districts annually; but a county superintendent shall not receive more than eighteen hundred dollars nor less than one thousand dollars per annum, and in fixing the salary for any year it shall be based on the amount of school fund re- ceived by the county and separate school districts, and other taxing districts, during the preceding scholastic year; pro- vided, further, that the board of supervisors may fix the sal- ary of the county superintendent at any amount greater than five per centum of the school fund as hereinbefore stated not to exceed eighteen hundred dollars and in no case shall the county superintendent pursue any other secular profession or business of a public nature, but shall devote his entire time to the duties of his office. Municipalities constituting sep- arate school districts and rural separate school districts shall pay their proportionate part of salary, estimated upon the amount of funds received from the state distribution. Pro- 82 COUNTY SUPERINTENDENT vided that the provisions of this act requiring the time of the county superintendent may in the discretion of the board of supervisors of any county be suspended until January 1, 1920. Sec. 7579 Hemingway's Code. 4502. County superintendent Visiting schools. The coun- ty superintendent shall visit all the schools in his county at least once during the term. On the first visit he shall remain at least two hours, and shall, in county schools, correct any deficiency which may exist in the classification of the pupils or the government of the school; and in separate school dis- tricts he shall call the attention of the trustees to such de- ficiencies for correction by them. He shall note down the con- dition and value of the building and lot, and of the furniture, the methods of instruction, the branches taught, and his esti- mate of the ability of the teacher to conduct a school. He shall give such directions and make such recommendations as he deems expedient and needful to secure the best results in the instruction of the pupils, and shall examine the classes to see that thorough work is done. He shall urge patrons to pro- vide their children with comfortable and well-furnished school- houses. For every school not so visited, the board of super- visors must, on proof thereof, deduct ten dollars from his salary. Sec. 7580 Hemingway's Code. 4503. County superintendent To settle disputes in schools. In all controversies arising under the school law, the opin- ion and advice of the county superintendent shall first be sought, from whose decision an appeal may be taken to the state board of education upon a written statement of the facts, certified by the county superintendent or by the secretary of the trustees. Code 1906. Code 1906, 4487, 4503, do not exempt the school authorities, acting beyond the scope of their powers and in violation of law, from inter- ference by the courts, and equity has jurisdiction to enjoin the trustees and the teacher of a school district from enforcing an invalid rule. Hobbs v. Germany, 94 Miss. 469, 49 So. 515. Sec. 7581 Hemingway's Code. 4504. County superintendent May suspend or remove a teacher or trustee Fill vacancies. For incompetency, neglect of duty, immoral conduct, or other disqualification, the county superintendent may suspend or remove any teacher or trus- tee from office, except in separate school districts. And for the purpose of conducting inquiries and trials, the superin- tendent has the same power as a justice of the peace to issue subpoenas for witnesses, and to compel their attendance and COUNTY SUPERINTENDENT 83 the giving of evidence by them. When from such cause, or from' death, resignation, or other cause, a vacancy in either of the above-named offices occurs, it shall be the duty of the county superintendent, within ten days after the vacancy occurs, or as soon thereafter as practicable, to supply the same by appointment. Code 1892. A public school teacher, under the school laws, has a valid right, for the protection of which he is entitled to a mandamus. Section 2533 does not deny such remedy. Brown v. Owen, 75 Miss. 319, 23 So. 35. Though the county superintendent, under this section, may in proper cases suspend or remove a teacher, yet he can do so only for the causes and in the mode herein prescribed. Brown v. Owen, 75 Miss. 319, 23 So. 35. In a proceeding to suspend or remove a teacher by the county su- perintendent, the proceeding must be upon specific written charges, after due notice. Brown v. Owen, 75 Miss. 319, 23 So. 35. Sec. 7582 Hemingway's Code. 4505. County superintendent May revoke teachers' license. For intemperance, immoral conduct, brutal treatment of a pupil, or other good cause, the county superintendent may re- voke the license of a teacher ; but the teacher shall be allowed an appeal to the state board of education, to whom statements, under oath, of the facts may be made by the superintendent and other interested parties. The teacher must be notified of the charges ten days before the trial, by the county superin- tendent. Sec. 7583 Hemingway's Code. 4506. County superintendent Duty to successor. The county superintendent, when he resigns, vacates, is removed, or goes out of office, shall, within ten days thereafter, deliver to his successor, or to the clerk of the chancery court for him, all money, property, books, effects or papers remaining in his hands. Sec. 7584 Hemingway's Code. 4507. County superintendent Record of names of trustees Official notices. The county superintendent shall attend at his office on the fourth Saturday in September of every year to receive the certificates of election of trustees. He shall make a record of the names of trustees, showing the districts in which they were elected, and the post, off ice of each. He shall at that time deliver to the trustees of each district such blanks as they will need for the coming school year, and give them such information with regard to their duties as may be required. He shall address all official correspondence to the trustees ; and notice to them shall be regarded as notice to the people of the district, and it shall be the duty of the trustees to notify the people. 84 COUNTY SUPERINTENDENT Sec. 7585 Hemingway's Code. 4508. County superintendent Not to speculate in teachers' warrants. Any county superintendent, or other county officer, his agent or deputy, who shall purchase any teacher's war- rant or pay certificate at less than the amount for which the same shall be drawn, or at a discount, or shall cause another person so to purchase the same, or shall in any way, directly or indirectly, realize a profit from any transaction in teachers' warrants or pay certificates, or any trade or speculation there- in, or loan or advance thereon, shall be guilty of a misde- meanor, and, upon conviction, shall be fined not less than one hundred dollars nor more than five hundred dollars, to be de- ducted from any money due him as salary, or recoverable on his bond ; and one-half of said fine shall be paid to the person giving information of the misdemeanor, and the guilty super- intendent shall be removed from office. Crimes and Misdemeanors, see 1048. County Treasurers, see 4160. Sec. 7328 Hemingway's Code. County superintendent to secure placards. 2. It shall be the duty of the county superintendent of education in each county to secure from the state board of education such pla- cards and have them placed on the walls of the public school- rooms in the various counties. (See Chap. 123, Laws 1910, Sec. 2.) Sec. 7586 Hemingway's Code. 4509. Deputies When appointed Compensation. - The county superintendent of education may, when prevented by sickness from attending to the duties of the office, appoint a deputy who shall be authorized to discharge all duties per- taining thereto. The qualifications of the deputy shall be the same as the qualifications of a first grade teacher. The deputy superintendent shall be paid not less than seventy-five per centum of the salary the county superintendent shall receive for an equal period of time, and shall be paid out of the salary of the superintendent of education. CHAPTER 171. LAWS 1918. Section 1. Be it enacted by the Legislature of the State of Mississippi, That chapter 188, of the acts of 1914 be amended so as to read as follows: Boards of supervisors of this state may offer as prizes to corn clubs of the public schools of the county an amount of COUNTY SUPERINTENDENT 85 money not exceeding fifty dollars, ($50.00) in any one year in any county. The sum may be divided into three prizes of twenty five dollars for the first prize, fifteen dollars for the second prize, and ten dollars for the third prize, or in that proportion. Sec. 2. That county superintendents of education, with the approval of the county boards of examiners, may appropriate an amount of money not exceeding seventy five ($75.00) dol- lars, in any one year, in any county from the county school fund, in addition to that provided under section 1 of this act, to be offered as prizes to the corn clubs, pig clubs, baby beef clubs or other agricultural clubs that may hereafter be organ- ized to the public schools of the county. That said sum to be divided into prizes in such proportion for the corn clubs, pig clubs, baby beef clubs, or other agri- cultural clubs that may hereafter be organized, as the county superintendent, with the approval of the county board of ex- aminers, may see fit. Sec. 3. That this act take effect and be in force from and after its passage. Chap. 184, Laws 1916. Sec. 7337 Hemingway's Code. 4517. Teachers' register and outline map. It shall be the duty of the county superintendent to prepare, on township blanks, an outline map, showing the numbers of the sections and parts of sections embraced in each school district outside of the separate school district, and to paste the same in the school register for the district before delivering it to the teacher thereof. It shall be unlawful to issue a pay-eertifi- cate to the teacher of any district not established and recorded in accordance with the provisions of the law. STATE SUPERINTENDENT STATE SUPERINTENDENT. CODE 1906. Sec. 7593 Hemingway's Code. 4817. Official bond. The superintendent of public educa- tion shall keep his office in the capitol, and shall give bond in the penalty of five thousand dollars, with two or more suf- ficient sureties, to be approved by the governor, conditioned according to law; and said bond, when approved, shall be filed and recorded in the office of the secretary of state. Sec. 7594 Hemingway's Code. 4818. Official bond Seal* of office. He shall provide and keep a seal having around the margin the words, " State Sup- erintendent of Public Education of Mississippi, " with such device in the center as he may select; and all of his official acts shall be authenticated thereby. Sec. 7595 Hemingway's Code. 4819. General supervision of schools To preside To visit schools. The superintendent of public education shall have general supervision of the public free schools, and may pre- scribe such rules and regulations for the efficient organiza- tion and conducting of the same as he may deem necessary. He shall preside over all meetings of the board of education, and shall solicit reports from all the public and private edu- cational institutions of the state. Sec. 7596 Hemingway's Code. 4820. To preserve books. He shall have bound and pre- serve in his office, as the property of the state, all such school documents, from other states and governments, books or pamphlets on educational subjects, school-books, apparatus, maps, charts, and the like as shall be or have been purchased or donated for the use of his office. Sec. 7597 Hemingway's Code. 4821. To apportion the state school fund. The superinten- dent of public education shall apportion the state common- school fund to the several counties and separate school dis- tricts. The apportionment shall be made semiannually, and shall be based upon the number of educable children enum- erated, as provided by law, in the counties and separate school districts respectively. He shall furnish the auditor with a certified copy of the apportionment, and he shall also give a copy thereof to the state treasurer, the superintendent of public education of each county, each county treasurer, and treasurer of each separate school district. STATE SUPERINTENDENT 87 Sec. 7598 Hemingway's Code. 4822. Not to be interested in school books. The superin-* tendent of public education shall not act as agent for any author, publisher, or bookseller, nor directly or indirectly re- ceive any gift, emolument, or reward for his influence in recommending or procuring the use of any books, school ap- paratus, or furniture, of any kind whatever in any of the public schools of the state; and should the superintendent of public education violate this section, he shall be removed from office, and forfeit all moneys due him from the state. Sec. 7599 Hemingway's Code. 4823. Reports to be made to the legislature. On or before the tenth day of January in each year in which the legislature meets in regular or special, not extraordinary, session, the superintendent of public education shall prepare and have printed a biennial report, showing (a) The receipts and disbursements of the common-school fund; (b) The number of school districts, schools, teachers em- ployed, and pupils taught therein, and the attendance of pu- pils, and studies pursued by them; (c) The financial condition of the schools, their receipts and expenditures, value of schoolhouses and property, cost of tui- tion, and salaries of teachers; (d) The condition, educational and financial, of the normal and higher institutions connected with the school system of the state, and, as far as it can be ascertained, of the private schools, academies, and colleges; and (e) Such general matters, information, and recommenda- tions relating to the educational interests as he may deem important. CHAPTER 192. ^ ; LAWS 1916. Sec. 7600 Hemingway's Code. 4824. To keep record of official acts May employ steno- grapher and assistant. 1. The state superintendent of public education shall keep a complete record of all his official acts, and the acts of the board of education. He may employ two stenographers and one assistant, who shall be under his control and direction, and may be removed by him for cause, and others employed; provided, that the assistant's salary shall be eighteen hundred dollars ($1,800.00) and the clerks' sala- ries shall each be nine hundred dollars ($900.00) per year. 88 STATE SUPERINTENDENT CODE 1906. Sec. 7601 Hemingway's Code. 4825. A trustee of university and colleges. The state superintendent of education shall be and is hereby made a trustee, ex officio, of the state university, the agricultural and mechanical college, the industrial institute and college, and Alcorn A. and M. college. And he shall have the same powers and perform the same duties as other trustees of said institu- tions of learning. Sec. 7602 Hemingway's Code. 4492. State superintendent To require reports from county superintendents. The superintendent of public education shall require annually, and as often besides as he may deem proper, of the county superintendents detailed reports of the educa- tional business of his county, and shall give him all necessary instructions. Sec. 7603 Hemingway's Code. 4493. State superintendent To prepare, have printed and furnish the laws, blanks and books to school officers. The superintendent of public education shall prepare, have printed, and furnish all officers charged with the administration of the laws pertaining to the public schools, such blank forms and books as may be necessary to the proper discharge of their duties, and the questions for the examination of teachers. He shall have the laws pertaining to the public schools printed in pamphlet form, and publish therein forms for conducting school business, the rules and regulations for the government of schools that he or the board of education may recommend, and such other matters as may be deemed worthy and of pub- lic interest pertaining to the subject. Sec. 7604 Hemingway's Code. 4494. State superintendent Conference with county sup- erintendents. The state superintendent may meet the county superintendents of each judicial district or of two or more districts combined, at such time and place as he shall appoint, giving them due notice of such meeting. The objects of such meetings shall be to accumulate facts relative to schools, to compare views, to discuss principles, to hear discussions and suggestions relative to the examinations and qualifications of teachers, methods of instruction, text-books, institutes, visi- tation of schools, and other matters embraced in the public school system. Sec. 7329 Hemingway's Code. 4495. State superintendent Official opinions. The state superintendent shall, at the request of any county superin- STATE SUPERINTENDENT 89 tendent, give his opinion, upon a written statement of the facts, on all questions and controversies arising out of the interpretation and construction of the school laws in regard to the rights, powers and duties of school officers and county superintendents, and shall keep a record of all such decisions. Before giving any opinion, the superintendent may submit the statement of facts to the attorney-general for his advice there- on, and it shall be the duty of the attorney-general forthwith to examine such statement, and suggest the proper decision to be made upon such facts. Sec. 7605 Hemingway's Code, 4496. State superintendent To advise county superinten- dents. The state superintendent shall advise county superin- tendents upon all matters involving the welfare of the schools. Superintendent of Education (County), see 7566-7573. 90 TEACHERS' INSTITUTE TEACHERS' INSTITUTE. CHAPTER 190. LAWS 1916. Sec. 7775 Hemingway's Code. 4587. Teachers' institutes. A teachers' institute for each race, separate, shall be held each year in the several counties of the state, or in such groups of counties as the state board of education, with the consent of the county superintendents, may designate ; said institutes shall continue in session not less than five days. Chap. 190, Laws 1916. Sec. 7776 Hemingway's Code. 4588. Institute conductors. All teachers' institutes shall be under the direction of the state board of education, which is hereby authorized, with the approval of the county super- intendent, to appoint persons of recognized ability to conduct and teach said institutes. Chap. 190, Laws 1916. Sec. 7777 Hemingway's Code. 4589. Board of education to prescribe Payment of ex- penses Reports of. The state board of education shall pre- pare outlines for the work and shall prescribe regulations for the management of the institutes; shall fix the amount to be paid the conductors and instructors and the incidental ex- penses thereof, and shall require such reports of the conduc- tors as may be deemed necessary. Chap. 190, Laws 1916. Sec. 7778 Hemingway's Code. 4590. How expenses paid. To defray the cost of institutes, the county superintendent shall, before examining applicants to teach, collect a fee of fifty (50) cents for each and fifty (50) cents additional for each additional year of which license may be issued and fifty (50) cents a year from each exempt teacher teaching in the county. Code 1906. The institute fee of fifty cents should not be collected by the super- intendent on special examinations where he received the fee of $2.50, for such special examinations are authorized only in emergency cases, and the certificate is good only until the next regular examination. State v. Green, 111 Miss. 32, 71 So. 171. Chap. 190, Laws 1916. Sec. 7779 Hemingway's Code. 4591. How expenses paid Where deposited and how paid out. The institute fund shall be deposited as collected, with the county treasurer on receipt warrant of the clerk of the TEACHERS' INSTITUTE 91 board of supervisors, and a separate account thereof shall be kept; and it shall be paid only for the purpose mentioned in this act, upon the requisition of the county superintendent, on warrants issued by the clerk of the board of supervisors. Chap. 190, Laws 1916. Sec. 7780 Hemingway's Code. 4592. When fund insufficient. If the amount of the insti- tute fund be insufficient to defray the cost of holding insti- tutes, the state superintendent of education may authorize the county superintendent to issue a pay certificate on the common- school fund of the county to make up the deficit not to exceed fifty-five dollars for one scholastic year. Sec. 7781 Hemingway's Code. 4593. Surplus funds How used. In counties having a sur- plus of institute fund, the county superintendent and examin- ers may expend annually twenty per centum of such fund in the purchase of works on teaching, which the superintendent shall keep in his charge for the use of teachers. 92 TEACHERS' LICENSE TEACHERS' LICENSE. CHAPTER 133. LAWS 1908. Sec. 7787 Hemingway's Code. How teacher in one county may transfer license to another. 1. Any teacher in any county holding a license, wishing to transfer to another county, may direct the superintendent of his county to forward such license, and such other proof of his qualifications, and of the burning of his examination pa- pers, as the state board of examiners may require, and as may be reasonable; and if, on such proof, the state board should be of opinion that such teacher was properly graded by the county board, the license may be transferred to any county the appointee may designate. CHAPTER 252. LAWS 1912. Sec. 7788 Hemingway's Code. State teacher's license to be issued in certain cases where examination papers lost or destroyed. 2. Any teacher of this state heretofore exempt from examination may forward his license to the state board of examiners, with such proof as said state board may require, and which is reasonable, that his examination papers were destroyed in the burning of the courthouse of his county, or otherwise destroyed, and that such teacher is entitled to a state license, and upon payment of one dollar and fifty cents ($1.50) to said board of examin- ers, such board may issue to such teacher a state license in lieu of the license granted by such county. CHAPTER 163. LAWS 1912. Sec. 7789 Hemingway's Code. Graduates of Industrial Institute and College entitled to professional teacher's license. 1. A diploma held by either a collegiate or a normal graduate of the Mississippi Industrial Institute and College shall be so recognized as to warrant the granting of a teacher's professional license to said graduate by the state board of examiners. Provided, that this act ap- plies only to those graduates of the college department who have taken not less than nine hours of college work in teach- TEACHERS' LICENSE 93 ers' professional courses, and who obligate themselves to teach three years in the public schools of the state. The provisions for nine hours professional work shall not be enforced until after the session of 1911 and 1912. Provided, further, that the graduates of the normal department shall not have the benefits of this act unless they obligate themselves to teach three years in the public schools of the state, two years of which shall be in the rural schools. And, after the sessions of 1911 and 1912, those who enter the normal department of said college shall give, upon entrance into said department, a written pledge to teach three years in the public schools of the state, two of which shall be in the rural schools of the state. CHAPTER 181. LAWS 1916. Sec. 7790 Hemingway's Code. Professional teacher's license granted to graduates of uni- versity and colleges. 1. That the state board of examiners is hereby authorized to grant teachers * professional licenses with- out further examination to graduates of the University of Mississippi, the agricultural and mechanical college, the col- legiate and normal departments of the industrial institute and college, and of such other institutions of higher learning in this state as may maintain a standard four-year college course, ap- proved by the state board of examiners; provided, that licen- ses shall be issued only to such graduates of the different in- stitutions as have successfully passed nine hours of college work in education designated and approved by the state board of examiners. Chap. 181, Laws 1916. Sec. 7791 Hemingway's Code. License and diplomas of other states recognized When. 2. That the state board of examiners is hereby authorized to grant first grade licenses to teach in the public schools of this state to any person holding a certificate, license or diploma, authorizing said person to teach in the public schools of any other state; provided, that the certificate, license or diploma shall have been originally issued, and in consideration of qualifications at least equal to those required for a certificate of the same grade in this state; provided, further, that the certificate, license, or diploma shall be valid in this state for the period for which it shall have been issued in the state where it was originally granted, unless in the discretion of the state board of examiners a shorter period shall be specified. The state board of examiners, on the approval of the state board of education, shall make provisions and regulations for carrying out the purpose of this section. 94 TEACHERS' LICENSE Chap. 181, Laws 1916. Sec. 7792 Hemingway's Code. First and second grade license may be renewed Conditions. 3. That the state board of examiners is hereby authorized to extend or renew consecutively from year to year, for a period of one year at a time and for a total of not more than four con- secutive years, any first grade license or any second grade license; provided, that the holder of any such certificate shall have attended some institution of higher learning or summer school for at least six weeks, and shall have pursued a course of professional study designed and approved by the state board of examiners during the year next preceding the one for which extension of license for one year is sought to be granted. Chap. 181, Laws 1916. Sec. 7793 Hemingway's Code. Pee to be paid by applicants. 4. An applicant for a license or for the extension of any license under the provisions of this act shall pay the same fee as is now required for the transfer of licenses from one county to another through the state board of examiners ; provided, that the fees for professional licenses and those based on licenses or diplomas from other states shall be the same as are provided in section 4554 of the Code of 1906 for such licenses. CODE 1906. Sec. 7794 Hemingway's Code. 4536. Examination of teachers Board of examiners. Two first grade teachers, to be appointed annually prior to the fall examination by the county superintendent shall, with the coun- ty superintendent, constitute an examining board for each county; provided, the members of said board shall not be related by affinity or consanguinity (but a teacher of a nor- mal or training school shall not be appointed by the board). A majority of said board shall be present and conduct all ex- aminations of teachers, as herein provided, and they shall as a board, and not individually, review and grade the examina- tion papers submitted by applicants for license to teach. The teachers comprising the board shall each receive two dollars and one-half for each day of actual service in holding the ex- aminations and twenty-five cents additional for grading the papers of each applicant, to be paid out of the school fund in the same manner as teachers' salaries are paid. The ex- aminers shall qualify by taking and subscribing the oath of office before the county superintendent, who shall file it in his office; and for violations of any section of this law which refers to examinations, they shall be subject to the same pen- alties as the county superintendent. TBACHERS' LICENSE 95 Sec. 7795 Hemingway's Code. 4537. Examination of teachers Vacancies in board How filled. Should a vacancy occur in the office of examiner, the same shall be filled by appointment by the county superin- tendent of education. Sec. 7796 Hemingway's Code. 4538. Examination of teachers When examinations held. On Friday and (Saturday of the first four weeks of Septem- ber, and of the first four weeks of April, the examining board shall hold, under regulations prescribed by the board of edu- cation, a written examination of applicants to teach. The ex- amination shall be held at the county site, and in the public- school building or in the courtroom whenever practicable. In counties having two court districts the examination shall be held alternately at the places of holding court, if the conven- ience of the teachers requires it. The superintendent shall ex- clude from the rooms all persons who are not examiners or applicants for license. There shall be separate examinations for the two races. CHAPTER 187. LAWS 1916. Sec. 7797 Hemingway's Code. 4539. Examination of teachers How conducted. The ex- aminations shall be held upon questions prepared by the state superintendent of education and sent, sealed, to the county superintendent to be opened by him in the presence of the teachers after they had assembled in the examination room and after the seals have been inspected by the examiner. The questions on one subject at a time shall be written upon a blackboard and the answers thereto shall be written in ink in the presence of the examiners and delivered to the superin- tendent before the questions on the next subject are given out. Each applicant shall occupy a separate table or desk which shall be so arranged that the applicants can not read each other's papers. It shall be the duty of the county superin- tendent to provide the accommodations necessary to carry out these provisions, and he shall not receive more applicants at one time than he can provide accommodations for. No applicant shall stand the examination in any county for the purpose of having the license transferred to the resident county of the applicant, unless authorized by the state board of examiners. Code 1906. Under Code 1906, 4539, 4546, a conviction for offering to sell ex- amination questions could not be sustained, where the proof did not show that the questions offered for sale were prepared by the state 96 TEACHERS' LICENSE superintendent of education and sealed and sent to the county superin- tendent of education as provided. Bryant v. State, 92 Miss. 822, 46 So. 247. Chap. 187, Laws 1916. Sec. 7798 Hemingway's Code. 4540. Examination of teachers ^Curriculum. The curricu- lum of the free public schools shall consist of spelling, reading, arithmetic, geography, English grammar, composition, litera- ture, U. S. history, history of Mississippi, elements of agri- culture, civil government with special reference to local and state government, physiology and hygiene, with special ref- erence to the effect of alcohol and narcotics on the human system and home and community sanitation, general science and elementary algebra. Provided, that literature, general science and elementary algebra shall only apply to those schools that require three or more teachers. Except with the consent and advice of the county superintendent of education. See 7801, 7802. CODE 1906. Sec. 7799 Hemingway's Code. 4541. Examination of teachers All teachers must be licensed. It shall be unlawful for a county superintendent, or the trustees of a separate school district, to contract with a teacher who does not hold a license valid for the scholastic year in which the school is to be taught, and of a grade suf- ficiently high to meet the requirements of the school. Sec. 7800 Hemingway's Code. 4542. Examination of teachers Good character. Before a license to teach shall be granted, the applicant must furnish the superintendent satisfactory evidence of good moral char- acter, and of ability to govern a school. CHAPTER 188. LAWS 1916. Sec. 7801 Hemingway's Code. 4543. Examination of teachers What examined on First and second grades. To obtain a first grade license, the ap- plicant must be examined on spelling, reading, practical and mental arithmetic, composition, United States history, history of Mississippi, elements of agriculture, civil government, ele- ments of physiology and hygiene, with special reference to the effects of alcohol and narcotics on the human system, theory and practice of teaching, elementary algebra, advanced Eng- TEACHERS' LICENSE 97 lish; provided, that theory and practice of teaching and ele- mentary algebra be added in September, 1917, and advanced English, general science and modern history in September, 1918, and such other subjects as the state board of education may prescribe; and to obtain a second grade license the ap- plicant must be examined on spelling, reading, mental arith- metic, practical arithmetic, elementary geography and com- position, United States history, physiology, with special ref- erence to the effects of alcohol and narcotics on the human system, and health and sanitation in homes and communities, history of Mississippi and civil government, elementary agri- culture. The state board of examiners, on the approval of the state superintendent of education, is hereby authorized ^ to provide examinations and make regulations for licensing teachers of music, manual training, domestic science, and of such other special subjects as may be deemed necessary. Provided, that the provisions of this act shall not apply in the case of teachers who are exempt from examinations under laws now in force. See 7798. Sec. 7802 Hemingway's Code. 4544. Examination of teachers Third grade. To obtain a third-grade license the applicant must be examined on the subjects required for second grade, and must make thereon an average of not less than sixty per centum, with not less than forty per centum on any subject. See 7798. Sec. 7803 Hemingway's Code. 4545. Examination of teachers Grading and marking papers. Immediately after each examination the examiners shall carefully grade the papers and mark thereon their esti- mate of the value of each answer; and the papers shall be filed in the office of the superintendent, and be subject to the inspection of the applicant or his authorized agent. Sec. 7804 Hemingway's Code. 4546. Examination of teachers Penalty for receiving as- sistance. If an applicant in any way receive assistance, he shall be denied a license and not permitted to teach or stand another examination in the county for a period of two years. Any person who sells or offers to sell, or give away, or offers to give away the examination questions, or answers to the same prepared by the proper authorities for the examination of teachers of the public schools, before the date for the ex- amination, at which time such questions are to be used, shall be guilty of a misdemeanor, and on conviction shall be fined not more than one hundred dollars nor less than ten dollart 98 TEACHERS' LICENSE or imprisoned in the county jail not exceeding six^v days, or both, at the discretion of the court. Code 1906. Under Code 1906, 4539, 4546, a conviction for offering to sell ex-' amination questions could not be sustained, where the proof did not show that the questions offered for sale were prepared by the state superintendent of education and sealed and sent to the county superin- tendent of education as provided. Bryant v. State, 92 Miss. 822, 46 So. 247. Sec. 7805 Hemingway's Code. 4547. Examination of teachers- How long licenses good. License shall be granted to applicants who make a general average of seventy-five per centum with not less than fifty per centum on any one subject, and shall not be valid unless filled out according to the form prescribed by the state super- intendent. Licenses of second and third grade shall be valid for one year. Licenses for the first grade, with a general average of eighty-five per centum, shall be valid for two years ; and licenses for the first grade, with a general average of ninety per centum, shall be valid for three years; and the second three-years license obtained after the expiration of the first shall be renewable in the county where issued as long as the holder continues to teach ; but any teacher who has taught under a first grade license for five years consecutively, shall be exempt from further examination. Code 1892. This section is prospective, and applies only to persons teaching five years under a first-grade license, issued after examination under the curriculum prescribed by Code 1892. Doss v. Wiley, 72 Miss, 179, 16 So. 902. . Sec. 7806 Hemingway's Code. 4548. Examination of teachers Age of teacher. A license to teach shall not be granted to an applicant under seventeen years of age; nor shall a license for more than one year be issued to an applicant who has had less than six months' ex- perience in teaching. Sec. 7807 Hemingway's Code. 4549. Examination of teachers Special examinations. In counties where the number of licensed teachers is insufficient to supply the schools, the board of education may grant a special examination but the examination fee in such cases shall be two dollars and the licenses issued shall be valid only until the next regular examination. Special examinations shall be granted teachers who are under contract to teach in a public school in the county, if at the time of the general examination they were unable to attend or were teaching or attending school TEACHERS' LICENSE 99 more than fifty miles away. The superintendent may require each teacher so examined to pay him a fee of two dollars and fifty cents. Code. 1906. The institute fee of fifty cents should not be collected by the super- intendent on special examinations where he received the fee of $2.50, for such special examinations are authorized only in emergency cases, and the certificate is good only until the next regular examination. State v. Green, 111 Miss. 32, 71 So. 171. Sec. 7808 Hemingway's Code. 4550. Indorsement of licenses. A teacher holding a license in one county and wishing a transfer to another county may direct the superintendent of education of the county where the examination was held to forward his papers and license issued thereon to the state board of examiners, and if the grading of the county board is sustained by the state board of ex- aminers, the license may be transferred to any county which the applicant may designate. Applicants for transfer license shall pay a fee of one dollar and fifty cents to the state board of examiners for grading their papers. CHAPTER 185. LAWS 1914. Sec. 7809 Hemingway's Code. Agricultural high schools Teachers Examinations of. 1. All teachers in agricultural high schools shall pass an examin- ation in the free-school studies and in addition thereto an examination on the subjects they are required to teach in said schools. Such examinations shall be held at the same time and places and under the same regulations as required of other applicants to teach in public schools. CODE 1906. Sec. 7810 Hemingway's Code. 4551. State board of examiners. There shall be a state board of examiners which shall consist of three members, who shall be first grade teachers of scholarly attainments, and of successful experience, to be appointed by the state superin- tendent of education. Sec. 7811 Hemingway's Code. 4552. State board of examiners Duties. It shall be the duty of the state board of examiners to aid the state superin- tendent of education in preparing all examination questions for the teachers of the state, to grade papers of applicants for 100 TEACHERS' LICENSE professional and state licenses, to hear and decide all appeals from teachers or county superintendents regarding examina- tions ; to examine all applicants or candidates for the office of county superintendent under regulations passed by the state board of education. Sec. 7812 Hemingway's Code. 4553. Licenses How secured. Any teacher wishing to se- cure a professional license shall pass a satisfactory examina- tion in the presence of the county superintendent, or other authorized agent of the state board of examiners, on the fol- lowing subjects Algebra, geometry, rhetoric, English litera- ture, the science of teaching, civil government, Caesar and Virgil, and on such other subjects as the state board of ex- aminers may add. Any teacher may secure a state license by passing a satisfactory examination in the presence of the county superintendent, or other authorized agent of the state board of examiners, in spelling, reading, practical and mental arithmetic, geography, English grammar and composition. United States history, Mississippi history, elements of agri- culture, civil government, elements of physiology and hygiene, with special reference to the effects of alcohol and narcotics on the human system; provided applicants for state licenses shall have their papers forwarded to the state board of ex- aminers by county superintendent and graded by state board of examiners. The state board of examiners may grant licenses of a grade lower than that for which the applicant applies; provided that the percentage reaches that fixed by law. On all licenses granted the board shall indicate on the face of the license the percentage made by the applicant on each subject. A state license shall be valid for one, two or three years, according to the value of applicant's papers; but any applicant receiving the second three-years state license from the state board of examiners shall be exempt from fur- ther examinations, and a state license from said board of examiners shall be valid in every county of the state, but the state board of examiners may revoke licenses for cause and where teachers discontinue to teach. All teachers heretofore exempt from examination in the counties in which they reside may forward their papers to the state board of examiners upon the payment of one dollar and fifty cents to said board of ex- aminers, and the board of examiners may issue to said teachers state licenses in lieu of licenses granted by county superin- tendents. State Board of Examiners. Sec. 7813 Hemingway's Cade. 4554. Compensation and term of office. The state board of examiners shall receive as compensations for their service* TEACHERS' LICENSE 101 five dollars from each applicant for professional license; five dollars from each applicant or candidate for county superin- tendent of education in the several counties of the state, and fifty cents for each applicant for state license, which sum shall be paid by the county superintendent of education to the state board of examiners, as teachers are paid, and as is now paid to county examiners. The state board of exam- iners shall serve for four years each, unless removed by the state superintendent for cause. CHAPTER 201. LAWS 1908. Sec. 7814 Hemingway's Code. 4555. Professional licenses. The board of education shall have power to issue professional licenses to teachers of recog- nized ability, moral character and scholarly attainments, who shall pass a satisfactory written examination, held as pre- scribed by the board, on algebra, geometry, physics, rhetoric, English literature, the elements of botany and chemistry, the science of teaching, civil government and Latin, through Caesar and Virgil. The manuscripts of examination shall be kept on file in the office of the state superintendent, and the licenses shall be valid for life in any part of the state. CHAPTER 226. LAWS 1918. Section 1. Be it enacted by the Legislature of the State of Mississippi, That the state board of examiners shall have au- thority to grant, under rules and regulations, to be formu- lated by the said state board of examiners, a state teachers license to graduates of those institutions of higher learning as maintain a full four year college course under rules and regulations to be formulated by the said state board of ex- aminers, provided that license shall be issued only to such graduates as have taken nine session hours of college work in education designated by the state board of examiners. This license shall be valid for a period of three years, and on ex- piration shall be renewable by an attendance on an approved summer school, and when so renewed shall become valid for life. Provided further, that the state board of examiners shall also have authority to grant, under rules and regulations to be formulated by the said state board of examiners, a state license to students who have finished the sophomore year in any college in the state requiring 14 Carnegie units for en- trance to the freshman class. Such students having completed 102 TEACfiEllS' LICENSE six session hours in education, as provided for by the state board of examiners. This license shall be valid for two years and on expiration, shall be renewed as other licenses are renewed. Provided further, that the state board of examiners is au- thorized to grant, without examination, a first grade teacher 's license to graduates of agricultural high schools, in this state, provided such graduates have included in their course of studies two units of work of matter relative to organization and methods of teaching in the elementary school, and pro- vided students receiving such license shall not be employed .for the following scholastic year in the school from which they graduated. This license shall be valid for one year, subject to renewal as other first grade licenses are renewed, and such license, so conferred, shall be conditioned on satisfactory work in an approved summer school, immediately following high school graduation. Sec. 2. That this act shall take effect and be in force from and after its passage. TEXT-BOOKS 103 TEXT-BOOKS. CHAPTER 179. LAWS 1916. Sec. 7820 Hemingway's Code. All school text-books to be filed with state superintendent whether included in uniform adoption or not. 1. All publish- ers of school text-books, or persons desiring to offer school text-books, other than those provided for under the uniform text-book law now in force in this state, for the use of pupils in the public schools of Mississippi, as hereinafter provided, before such books may legally be adopted and purchased by any public-school authorities, shall file in the office of the state superintendent of education a copy of each book proposed to be so offered, together with the published list price as shown by the publisher's catalogue. No revised or different edition of any such book shall be used in the public schools of Mis- sissippi unless a copy of such edition has been filed in the office of the state superintendent of education, together with the publisher's list price thereof. The state superintendent of education shall carefully preserve in his office all such sam- ple copies of books filed and the prices thereof. Chap. 179, Laws 1916. Sec. 7821 Hemingway's Code. Sworn statement also to be filed showing lowest wholesale price on same. 2. That each publisher of any such books filed shall also file in the office of the state superintendent of edu- cation a sworn statement giving the lowest net wholesale price at which each book is sold anywhere in the United States; the said sworn statement shall also give the list price and the lowest exchange price given anywhere in the United States when old books on the same subject and of like kind and grade, but of a different series, are received in exchange. Chap. 179, Laws 1916. Sec. 7822 Hemingway's Code. Publisher to give security bond Conditions of same. 3. That each publisher shall file with the state superintendent of education a bond payable to the State of Mississippi with some surety company authorized to do business in the State of Mis- sissippi as surety thereon, in a sum to be determined by the state superintendent of education, said sum being not less than two thousand dollars ($2,000.00) nor more than ten thousand dollars ($10,000.00), according to the number of books filed, and the bond to be conditioned as follows : First. That the publisher will furnish any of the books listed in said statement, and in any other statement subse- 104 TEXT-BOOKS quently filed by him within five years, to any county school board, any board of trustees of separate school district, or agricultural high schools, in the State of Mississippi, at the lowest net wholesale prices contained in said statement, which price must not exceed seventy-five (75) per cent, of the pub- lisher's list price thereof, and that he will maintain said prices uniformly throughout the State of Mississippi on all books filed under the provisions of this act. Second. That the publisher will reduce such price auto- matically to the State of Mississippi whenever reductions are made elsewhere in the United States, so that at no time shall any book so filed and listed be sold to school authorities in Mississippi at a higher net price than is received for such books elsewhere in the United States. Third. That all such text-books offered for sale, adoption or exchange in the State of Mississippi shall be equal in quali- ty to those filed in the office of the state superintendent of education as regards to paper, binding, print, illustrations, subject-matter, and all other particulars that may affect the value of such school text-books. Fourth. That the publisher shall not enter into any under- standing, agreement or combination to control the prices or restrict competition of the sale of school text-books in th state of Mississippi. Chap. 179, Laws 1916. Sec. 7823 Hemingway's Code. Bond to be approved by attorney-general. 4. That such bond shall be approved by the attorney-general, and shall con- tinue in force for a period of five years after its filing, at or before the expiration of which period a new bond shall be given, or the right to continue selling such text-books in the State of Mississippi shall be forfeited. Chap. 179, Laws 1916. Sec. 7824 Hemingway's Code. State superintendent to furnish list of books to county and school officers. 5. That the state superintendent of education shall, within thirty days after the filing of any such school text-books and bond for same, send a list of such books to each coiinty superintendent of education and to the superin- tendent or trustees of each separate school district and the chairman of the board of trustees of each agricultural high school in the state. And the state superintendent of educa- tion shall, on or by January 1, 1917, and on or by the first of January of each following year, publish and send to each county superintendent of education and to the superintendent or trustees of each agricultural high school a printed copy of all such lists then in force in his office. TEXT-BOOKS 105 Chap. 179, Laws 1916. Sec. 7825 Hemingway's Code. Publisher failing to supply copies of books to pay forfeit. 6. That if any publisher shall comply with the foregoing sections and then fail or refuse to furnish such books to any board of trustees, county superintendent, superintendent or trustees of separate school districts, trustees of agricultural high schools, upon the terms herein provided, said school authority shall at once notify the state superintendent of education of such fail- ure or refusal, and he shall at once cause an investigation of such charge to be made. If the state superintendent of edu- cation finds such charge to be true, he shall at once notify such publisher and notify each county superintendent of edu- cation, each state educational institution, each board of trus- tees of separate school districts and agricultural high schools in the State of Mississippi that such book or books shall not thereafter be adopted or purchased by any of the school au- thorities in the State of Mississippi. Said publisher shall for- feit and pay to the State of Mississippi the sum of five hundred dollars ($500.00) for each failure or refusal to furnish said book or books, to be recovered in the name of the State of Mississippi in an action to be brought by the attorney-general in any proper court, the amount when collected to be paid into the treasury to the credit of the common-school fund of the State of Mississippi. Chap. 179, Laws 1916. Sec. 7826 Hemingway's Code. School trustees to meet and determine what books to be used in the county schools. 7. That each county school board and the board of trustees of each separate school district in the State of Mississippi, at a regular meeting to be held between the first Monday in each January and the first Monday in August following each year until a complete list of school text-books is adopted covering the whole school course of study, not otherwise provided for by law, by a majority vote of the entire membership of said board, shall determine which of said books so filed shall be used in the schools under its control it being distinctly understood that such list of books selected by the county school boards shall apply to all public high schools in the county, except separate school districts and agricultural high schools ; provided, that the county school board shall make selection of books from a list recommended by a committee of five high-school teachers appointed by the county superintendent of education. And after such books have been selected and adopted by said school board or boards of trustees of separate districts, no basal book shall be changed nor any other books substituted therefor for a period of five years after the date of its selection and adoption, as shown 106 TEXT-BOOKS by the official records of the board provided, that any of such school text-books as may be in use in the schools of Missis- sippi when this act goes into effect may be continued at the pleasure of the authorities in charge of such schools, but that when said books are changed, or other books substituted for those in use, the books adopted shall be used for a full period of five years. That this act shall not affect any existing con- tracts for text-books now in force in this state. Chap. 179, Laws 1916. Sec. 7827 Hemingway's Code. Uniform course of study for agricultural high schools to be selected. 8. That it shall be the duty of the state superinten- dent of education to appoint four agricultural high school principals or teachers, who, with himself, shall constitute a committee to select from books listed, as hereinbefore pro- vided, a uniform course of study for the agricultural high schools of the state, and said schools shall be required to use the books so selected. The price and manner of handling and adopting books for separate school districts and other high schools shall apply to agricultural high schools also, except books on agriculture and other industrial subjects. Chap. 179, Laws 1916. Sec. 7828 Hemingway's Code. Prices at which books to be bought and sold to pupils. 9. That all school text-books adopted, as provided for in this act, shall be bought by the various school authorities direct from the publishers at the prices listed with the state superinten- dent of education, as herein provided, and sold to the pupils and patrons of such schools at said listed prices, or at such prices as will include the cost of transportation and cost of handling said books, but in no case shall a greater price be charged any pupil or patron than fifteen (15) per cent, ad- vance over the net wholesale price. Chap. 179, Laws 1916. Sec. 7829 Hemingway's Code. How books to be ordered and paid for. 10. That each board of trustees of separate school districts and each county school board shall, at a regular meeting, cause to be ascertained the number of each of such books the schools under its charge require or the amount already due publishers for books. The secretary of each board of trustees and each county superin- tendent of education shall order the books so agreed upon by the board from the publishers, who, on receipt of such order, shall ship the books as directed without delay. It shall be the duty of the secretary or other person named by the board for such purpose to examine the books when received, and if found to be right and in accordance with the order, a war- rant, payable out of the school fund, for the proper amount TEXT-BOOKS 107 shall be issued and remitted to the publisher within thirty days. Each county school board and board of trustees shall pay all charges for the transportation of books. It shall be the duty of each county school board and board of trustees to make all necessary provisions and arrangements to place the books so purchased within easy reach and accessi- ble to all the pupils in the schools under their control. For this purpose each county school board and board of trustees may make contracts, and take such security as it deems nec- essary, for the custody, care and sale of such books, and ac- counting for the proceeds. The proceeds from the sale of the books shall be used to replace the money used by the county school board and board of trustees in purchasing the necessary supply of books or send direct to the publisher in settlements of accounts due. The county school boards and boards of trustees may also contract with local or retail dealers to sell the books to the pupils and patrons of the schools at prices to be specified by the county school board and board of trus- tees, each board being responsible to the publishers for all books purchased by it. All orders for books under this act shall be made by the secretary of the board of trustees or by the county superintendent. Chap. 179, Laws 1916. Sec. 7830 Hemingway's Code. Retailer not to advance price of books. 11. That no retail dealer selling said school text-books as the agent of any school authority shall sell the same at a greater price than the price agreed upon between such dealer and said school authorities; provided, that in no case shall said books be sold to the school children at a price to exceed fifteen (15) per cent. advaMce on the wholesale price of such books. Chap. 179, Laws 1916. Sec. 7831 Hemingway's Code. Pupils removing into new districts How books disposed of. 12. That when pupils remove from any county or separate school district, and have text-books of the kind adopted in such school district, and not of the kind adopted in the dis- trict to which they removed, and wish to dispose of them, the school board of the county or separate school district from which they remove, if requested, shall purchase such text- book at the fair value thereof and resell them to other pupils. (Laws 1916, c*h. 179. In effect May 1, 1916). Chap. 179, Laws 1916. Sec. 7832 Hemingway's Code. School boards may provide for free books if desired. 13. That nothing in this act shall prevent the school board of any county or separate school district in the State of Mississippi 108 TEXT-BOOKS from furnishing free text-books to the pupils in the schools under its control, or from buying books and renting them to pupils in such schools. Chap. 179, Laws 1916. Sec. 7833 Hemingway's Code. Publisher not to give money or gifts to members of school boards. 14. That no publisher of school books nor agent of such publisher shall offer or give any emolument, money or other valuable things, or any other inducement to any member of the board of trustees or school official connected with any of the public schools of Mississippi, for his vote or promise of vote, or for the use of his influence for the adoption of any school text-book to be used in any of the schools of this state ; nor shall any member of a board of trustees or school official connected with any of the public schools of Mississippi accept emolument, money or other valuable thing, or any other in- ducement from any publisher or agent of any publisher for his vote or promise of vote, or for the use of his influence for the adoption of any school text-book. Provided, that nothing in this section shall be construed to prevent any person, pub- lisher or publisher's agent from sending a reasonable number of sample copies of school text-books to any member of a board of trustees or school official for examination of such book or books before any adoption of books, as provided for in this act, and nothing shall be construed to prevent such mem- ber of a board of education or school official from receiving such sample copies. Chap. 179, Laws 1916. Sec. 7834 Hemingway's Code. Violations of this act How punished. 15. That any pub- lisjier of school text-books or agent of such publisher, or any member of any board of trustees, or public-school official of the State of Mississippi who violates any of the provisions of this act, on conviction thereof, shall be punished as for a misdemeanor; and any member of the board of trustees or school official shall, in addition, be removed from his official position. Any retail dealer of school text-books acting as agent for any board of trustees who violates- any of the pro- visions of this act shall, upon conviction, be punished as for a misdemeanor. Chap. 179, Laws 1916. Sec. 7835 Hemingway's Code. County superintendent to order books and employ agents. 16. That the county superintendent of education shall act for the county school board in ordering books for the schools in his county, except for separate school districts and agricul- tural high schools, and he shall employ agents at such places as he deems necessary for the proper distribution of said books. TEXT-BOOKS 109 Section 1. Be it enacted by the Legislature of the State of Mississippi, That section 4617 of the code of 1906 be amended so as to read as follows: CHAPTER 143. LAWS 1918. 4617. Exchange price of books. The exchange price be- tween old books and new books of the same or similar grade shall not be more than the lowest exchange price of said books anywhere in the United States. Sec. 2. That chapter 168 of the laws of 1912, entitled, "An act to limit the number of text books changed at any regular state adoption," be and the same is hereby repealed. Sec. 3. That all laws and parts of laws in conflict herewith are repealed, and that this act shall take effect and be in force from and after its passage. State Textbook Commission. CODE 1906. Sec. 7837 Hemingway's Code. 4594. Commission to select a uniform series of text-books Qualifications of its members. The governor shaD select and appoint eight educators of known character and ability in their profession, and engaged in public-school work as teach- ers, not more than one to be selected from each congressional district, who, together with the state superintendent of edu- cation, shall constitute the text-book commission of Missis- sippi. The state superintendent of education shall be an ex officio member of said commission, and in no case shall the person selected be related to the ex officio member by affinity or consanguinity. Sec. 7838 Hemingway's Code. 4595. Books selected to be used for five years. It shall be the duty of the said commission to select and adopt a uniform system or series of text-books for use in the public schools of the state. Said commission is hereby authorized, empow- ered, and directed to select and adopt said uniform series of text-books for use in the public schools of the state, and when so selected, said books shall be used for a period of five years in all the public schools of the state, and it shall be unlawful for any teacher of any public school in this state to use any book or books upon the same branch other than those adopted by said text-book commission, except as hereinafter provided. 110 TEXT-BOOKS Said uniform series shall include the following branches of study, to-wit Orthography, reading, writing, intellectual arithmetic, practical arithmetic, geography, English gram- mar, composition, history of the United States, physiology, civil government, elements of agriculture, and history of the State of Mississippi; that no history in relation to the late civil war between the states shall be used in the schools of this state, unless it be fair and impartial, and such other branches of school books as may be added to the above curriculum by statute. Provided, that none of said text-books so selected or adopted shall contain anything of a partisan or sectarian character; and provided, further, that all text-books adopted for use in the public schools of the state shall be printed in English, except such books as shall be adopted as text-books in the study of a foreign language. Sec. 7839 Hemingway's Code. 4596. Members to be sworn Must not be directly or indi- rectly interested in contracts. Before transacting any busi- ness relating to the duties incumbent on the said commission, the members thereof shall each take and subscribe an oath to faithfully discharge all the duties devolving upon them as members of said commission; that he has no interest, direct or indirect, in any contract that may be made hereunder; that he will receive no personal benefit of profit therefrom; that he is not in any manner interested in any books or publishing concern publishing any books of the kind contemplated for use in the public schools of this or any other state ; that he will carefully, faithfully, and conscientiously examine all books submitted for inspection, and will, to the best of his knowledge and ability, make the best selection possible of any and all books to be used in the public schools of the state. Sec. 7840 Hemingway's Code. 4597. Separate school districts may adopt supplemental books. The trustees of any separate school district may select such other supplemental books in addition to the books se- lected and adopted by the school-book commission, for use in such separate school districts, and the trustees of the separate school district may raise the curriculum above that which may be prescribed by law ? or act of the school-book commission. Sec. 7841 Hemingway's Code. 4598. How choice of books made. The said text-book com- mission shall, in making up their choice for books to be used, take into consideration the merit of each book as to the sub- ject-matter, the printing, binding, material, mechanical quali- ties, and general suitability for the purpose intended, as well TEXT-BOOKS 111 as the price of said books. Said commission shall select and adopt such books as will, in their best judgment, accomplish the ends desired, and they are hereby authorized, empowered and directed in case they deem any of the books suitable and more desirable than other books of the same class submitted, but the price is unreasonably high, and that they should be offered at a lower price, they may use their discretion and judgment whether they shall adopt said book or books, or adopt the books next best in the list of books submitted. Sec. 7842 Hemingway's Code. 4599. When commission to meet and organize To adver- tise for bids. The said text-book commission shall immediate- ly after their selection meet and organize, and a majority of said commission shall constitute a quorum for the transaction of business. As soon as the commission shall organize it shall advertise in such a manner and in such places as is deemed desirable, that at a time and place fixed definitely in said ad- vertisement, sealed bids will be received from the publishers of school text-books for furnishing books as herein provided to the public schools of the State of Mississippi, through agencies established by said publishers in the several counties of the state, for a period of five years from the date and ex- ecution of the contract. The bids or proposals shall be for furnishing the books for a period of five years and no longer. Code 1892. The anti-trust law of 1900 has no application to the state or its pub- lic agencies in letting a contract for copyrighted school-books in the manner provided by law and as the result of competitive bidding by the terms of which new books are for a time to be exchanged without cost, book for book, in the place of old books then in use, after which the prices agreed on are to be paid for all books furnished during the continuance of the contract. B. F. Johnson Pub. Co. v. Mills, 79 Mis*. 543, 31 So. 101. A public contract for an article below cost is not "inimical to the public welfare" within Const. 1890, 198. B. F. Johnson Pub. Co. v. Mills, 79 Miss. 543, 31 So. 101. Sec. 7843 Hemingway's Cooe. 4600. What bids shall specify To be accompanied by specimen copies Bidders to put up forfeits Opening of % bids. All bids shall state definitely the price at which the books will sell at wholesale and retail, and shall be accompanied by one or more specimen copies of each and every book to be furnished; it shall be required of each bidder to deposit with the state treasurer such a sum of money as the commission may require, according to the number of books each bidder may propose to furnish, and notice shall be further given in said advertisement that such deposit shall be forfeited to the 112 TEXT -BOOKS itate if the bidder making the deposit shall fail or refuse t make and execute such contract and bond as is hereafter re- quired, the time to be fixed by the commission and so stated in such advertisement. All bids shall be sealed and deposited with the secretary of the commission to be delivered, by him to the commission when it meets for the purpose of consider- ing said bids, and shall be opened by the secretary in the presence of the commission. Sec. 7844 Hemingway's Cod*. 4601. Bids to be opened and considered in executive ses- sion Attorney-general to draw up contracts. It shall be the duty of the commission at the time and place designated in the said advertisement in executive session to open and ex- amine all sealed proposals submitted and received in pur- suance of the notice t>r advertisement as hereinbefore pro- vided; to examine and carefully consider all such bids or pro- posals and determine in the manner provided for what book or books shall be adopted, taking into consideration the size, quality as to subject-matter, material, printing, binding, and the mechanical execution and the price and general suitability for the purpose desired and intended. After their selection shall have been made, the commission shall, by registered let- ter, notify the publishers to whom the contracts have been awarded, and it shall be the duty of the attorney-general to prepare said contract or contracts in accordance with th terms and provisions of the law on the subject of text-books, and all contracts shall be executed by the governor and secre- tary of state, with the seal of the state affixed thereto on the part of the State of Mississippi, and the said contracts shall be executed in triplicate, one copy to be kept by the contractor, one copy by the -secretary of the commission, and copied in full in the minute-book of the commission, and one copy to be filed in the office of the secretary of state. At the time of the execution of the aforesaid contract, the contractors shall enter into bond in the sum of not less than ten thousand dollars, payable to the State of Mississippi, conditioned for the faith- ful, honest and exact performance of all the terms of said con- tract, together with the payment of reasonable attorney's fees in cae of recovery in any suit upon the same, to be approved by the governor and the attorney-general. Any guarantee company authorized to do business in the State of Mississippi may become surety on said bond, and there shall be five or more sureties on the said bond who are citizens of this state and residents of different counties therein, and in the rrent suit is brought on said bond in any of the state courts, and the defendants, or any of them, have the case removed or at- tempt to have the case removed to the federal court, the said TEXT-BOOKS 113 school-book commission may immediately cancel the contract and continue the suits on the bond, and it shall be the duty of the attorney-general to so write it in the contract. And it hall be the duty of the attorney-general to prepare said bonds and approve same; provided, that said bond shall not be ex- hausted by a single recovery, but may be sued on from time to time until the full amount thereof shall have been recovered, and the commission may, at any time, by giving due notice thereof, require additional security, if, in their judgment, it is necessary. Sec. 7845 Hemingway's Code. 4602. Forfeit money returned to unsuccessful bidders Contract must be executed within thirty days. When any firm or corporation shall have been awarded a contract and submitted therewith the bond as required, the commission shall inform the treasurer of the state, and it shall then be his duty to return to such contractor the cash deposit made by him, and the commission shall furnish the treasurer the names of the unsuccessful bidders, when he shall return to them the amount deposited by them at the time of the submission of their bid, but should any firm, person, or corporation fail or refuse to execute the contract and submit the bond as required hereby, within thirty days after the awarding of the contract to him, and the mailing of the registered letter containing the notice, the said cash deposit will be deemed and is hereby declared forfeited to the state, and it shall be the duty of the treasurer to place said deposit in the treasury of the state to the credit of the general school fund ; and, provided further, that any recovery on the bond of any contractor shall be placed to the credit of said fund, and be prorated among the geveral counties of the state. Sec. 7846 Hemingway's Code. 4603. Books furnished to be equal to specimen copies. The books furnished under any contract shall at all times during the existence of the contract be equal to, in all re- apects, the specimen or sample copies furnished with bids; and it shall be the duty of the state superintendent of educa- tion to preserve in his office as the standard of quality and excellence to be maintained in such books during the continu- ance of said contract, sample copies of all books which have been the basis of any contract, together with the original bid, and the contractor shall furnish like samples or specimen copies of books to the different county superintendents of education, which shall be preserved by them in like manner, and the same shall always be open to inspection by the public. The retail price and the exchange price of each book adopted hall be either printed on the back or indelibly stamped on 114 TEXT-BOOKS the first page. And the commission shall not in any case con- tract with any person or publisher for books to be used in the public schools of the state at a price above or in excess of the price at which such book or books are furnished by said per- son or publisher to any state, county, or school district in the United States under like condition prevailing in the state and under this chapter, as to the method of distributing the books to the consumer. And it shall be stipulated in each contract that the contractor is not now furnishing under contract any state, county, or school district in the United States where like conditions as are now prevailing in this state and under this chapter, as to the method of distributing the books to the consumers, the same book or books at a price less than the price stipulated in the said contract, and the commission is hereby authorized and directed, at any time that they may find that any book is being furnished at a lower price under contract to any state, county, or school district as aforesaid, to sue upon the bond of said contractor for the recovery of the difference between the contract price and the lower price at which they find the book or books have been sold, and should any contractor fail to execute the terms and provisions of his contract specifically, said commission is hereby author- ized, empowered and directed to bring suit in the name of the State of Mississippi upon the bond of such contractor for the recovery of all damages for the benefit of the public school fund, but nothing herein provided shall be construed so as to prevent said commission and any contractor from agreeing in any manner to change, alter or amend any contract, pro- vided eight members of said commission shall agree and think it advisable and for the best interests of the public schools of the state to make such change, alteration or amendment. Sec. 7847 Hemingway's Code. 4604. State not liable to any contractor. It shall always be a part of the terms and conditions of every contract made in pursuance of this chapter that the State of Mississippi shall not be liable to any contractor, in any manner, for any sum whatsoever, but all such contractors shall receive their pay and compensation solely and exclusively from the proceeds of the sale of books as herein provided. Sec. 7848 Hemingway's Code. 4605. Bids may be rejected. The said text-book commis- sion shall have and reserve the right to reject any and all bids or proposals if they shall be of the opinion that same should be rejected. And in case they fail to select or adopt any book or books upon any of the branches mentioned in a previous section of this chapter from among the bids or pro- TEXT-BOOKS 115 posals submitted, they may readvertise for sealed bids or pro- posals under the same terms or conditions as before, and pro- ceed in their investigation in all respects as they did in the first instance and as required in the terms and provisions herein set forth. And it is provided further that any person, firm or corporation now doing business or proposing to do business in the State of Mississippi shall have the right to bid for the contract to be awarded under this chapter, and may submit in writing bid or bids to edit or have edited, published and supply for use in the public schools in this state any book or books herein provided for, or they may submit books the equal of which in every way they propose to furnish, and they shall accompany their bid with the cash deposit, and execute a contract and bond and be subject to the same conditions and restrictions as hereinbefore provided. CHAPTER 219. LAWS 1910. Sec. 7849 Hemingway's Code. 4606. Contractor to establish book depositories. The suc- cessful bidder or contractor shall establish and maintain one or more depositories in this state, to be designated by the commission, where a stock or supply of the books sufficient to meet all the immediate demands shall be kept. There shall also be maintained in each county in this state two or more agencies for the distribution of the books contracted for and one of the distributing points shall be the county site, and where there are two county sites in a county a distributing point shall be maintained at each; and said agencies shall sell to all persons desiring to purchase said books, to the patrons of the public schools; and the contractor shall make arrange- ments with two or more booksellers or merchants in towns of two thousand or more inhabitants that may apply for agen- cies to handle and distribute the books at said places, pro- vided that such applicant for any agency shall execute and tender to said contractor a valid contract and bond condi- tioned for the faithful and efficient performance of his trust as the agent of said contractor, and provided further, that said contractor and said applicant for said agency agree as to the terms and conditions of said agency, or contract, and the amount of said bond ; and it shall be unlawful for said contractor, either directly or indirectly, to give to any appli- cant complying with the provisions of this act any advantage over another in the contract or terms of such agency. All books shall be sold to the consumer at the retail contract price and in each book shall be printed the following: "The price 116 TEXT-BOOKS fixed hereon is by state contract and any excess thereon shall be reported to the county superintendent, or the state super- intendent of education at Jackson, Mississippi." Chap. 219, Laws 1910. Sec. 7850 Hemingway's Code. Apply only to future contracts. 2. That this act shall apply to all contracts hereafter made by the commission, but that it shall have no force and effect as to contracts now in ex- istence. CODE 1906. Sec. 7851 Hemingway's Code. 4607. Damages for failure to meet demand for books. It is expressly provided that should any contractor fail to fur- nish the books sufficient to meet the demand and at the prices designated, or otherwise fail to comply with the contract, in addition to the right of the state to sue on the bond as herein- before required, the county superintendent of education in any county of the state where such breach of contract may bt made, may bring suit for damages in the name of the Statt of Mississippi in the proper court of the county wherein ht resides, for the use and benefit of the school fund of the coun- ty, and in all cases arising hereunder service of process may be had and deemed sufficient on any agent of the contractor in this state. Sec. 7852 Hemingway's Code. 4608. Commission to enforce provisions. Said commission may make any necessary regulations not contrary to the pro- visions herein mentioned to secure the prompt distribution of the books herein provided for, and the prompt and faithful ex- ecution of all contracts, and it is expressly provided that said commission shall maintain its organization during the five years of the continuance of this contract. Sec. 7853 Hemingway's Code. 4609. State superintendent to notify county superintend- ents. As soon as practicable after the adoption of the text- books the state superintendent shall issue a circular letter to each of the county superintendents of education in this state, and to such teachers and other persons as he may desire, stating the list of books adopted, the prices, location of agen- cies, and such other information as he may deem necessary. Sec. 7854 Hemingway's Code. 4610. Books adopted to supplant all others Exceptions. The books adopted as a uniform series of text-books shall bt introduced and used as text-books to the exclusion of all oth- ers in the public schools of this state, and continue to be used TEXT-BOOKS 117 for five years as said text-books, except as herein provided for the change of said books as the commission may deem advisable for the best interests of the public schools of this state; provided, that nothing in this chapter shall be con- strued to prevent the use of supplementary books, but such supplementary books shall not be used to the exclusion of the books adopted under the provisions of this chapter; provided, further, that nothing herein provided shall prevent the teach- ing in any of the public schools of this state any branch higher or more advanced than is embraced in any previous section of this chapter, nor the using of any books upon such higher branch of study; provided, that such branch shall not be taught to the exclusion of the branches mentioned and set forth. Sec. 7855 Hemingway's Code. 4611. Penalty for violating text-book provisions. Any person violating the provisions of the law on the subject of uniform text-books shall be guilty of a misdemeanor, and, up- on conviction, be punished by a fine of not less than ten dollars nor more than fifty dollars. Sec. 7856 Hemingway's Code. 4612. Penalty for teaching other books. Any teacher who shall use or permit to be used in his or her school any text- book upon the branches embraced in this chapter other than the ones adopted by said text-book commission upon said branch as hereinbefore provided, shall be guilty of a misde- meanor, and, upon conviction, shall be punished as provided for in the preceding section. Sec. 7857 Hemingway's Code. 4613. Penalty for demanding more than contract price. If any local agent, clerk, dealer, or other person handling or selling the books adopted under the provisions of this law shall demand or receive in cash more than the contract price for any of the books herein provided for, he shall be guilty of a misdemeanor, and, upon conviction, shall, for each of- fense, be punished by a fine of not less than fifty dollars nor more than five hundred dollars. Sec. 7858 Hemingway's Code. 4614. Commission to keep a journal of its procedings. The commission is required to keep a journal of its proceedings, which journal shall, at the close of each meeting, be signed by the president and secretary of the commission, and when the text-books shall have been adopted according to the provi- sions of this chapter, the journal shall be filed in the office of the secretary of state, and a separate journal shall be kept of subsequent meetings, which journal shall be filed in the office of the secretary of state. 118 TEXT-BOOKS Sec. 7859 Hemingway's Code. 4615. Commission can not extend contract. The members of the commission provided for by section 7837 shall hold their office for five years from the date of their appointment and until their successors are duly appointed and qualified, and shall have no power to extend any contract made by them, but their successors, duly appointed and qualified as provided for by section 7837, shall be authorized and directed to exe- cute a new contract on the same terms and conditions as is provided hereunder. Chap. 219, Laws 1910. Sec. 7860 Hemingway's Code. 4616. Members of commission not to accept employment or receive gifts or donations from book dealers Penalty. It shall be unlawful for any member of the school-book commis- sion during the term of his appointment or office to accept or receive from any school-book company, firm, corporation, or agent, any employment, retainer, compensation, reward, emol- ument, gift, or donation, directly or indirectly, except books actually submitted for inspection with the bona fide view of securing their adoption; and it shall be unlawful for any school-book company, firm, corporation or agent to employ or retain or offer to employ or retain any member of such com- mission, or to pay or to offer to pay any compensation, re- ward, or emolument to any member of such commission, or to give or offer to give any donation to any member of such commission, except books or school apparatus actually sub- mitted for inspection, with the bona fide view of securing their adoption. Any violation of this section shall be pun- ishable by a fine of not more than one thousand dollars or by imprisonment in the penitentiary for not more than two years, or both. Sec. 7862 Hemingway's Code. 4618. Compensation and mileage of commissioners. The superintendent of public education shall serve on the com- mission without compensation, and the other members of the commission shall be paid the sum of five dollars per day dur- ing the time they are actually employed, not to exceed thirty days, and, together with the superintendent of public educa- tion, shall receive ten cents a mile for each mile actually trav- eled from their homes to the place of meeting and return, and all necessary expenses for advertising, to be paid out of the general school fund, and they shall each make and swear to a statement of the number of miles traveled, and the number of days actually employed. TEXT-BOOKS 119 Sec. 7863 Hemingway's Code. 4619. When contract forfeited. In case of the failure of any contractor to furnish the books provided for in his con- tract, then his bond shall be declared forfeited, and the com- mission is authorized and empowered to make such other con- tract for the unexpired term with any person, firm or cor- poration to provide and furnish such books as they may deem advisable for the best interest of the state. Sec. 7864 Hemingway's Code.. 4620. When commissioners shall be disqualified to vote on contracts. If any person related within the third degree by blood or marriage to any member of the school-book commis- sion, or is associated in any business or partnership with any member of said commission, shall be employed in good faith by any school-book company, firm, corporation or agent in con- nection with the adoption of school-books in this state, the member of said commission so related by blood or marriage, or so associated in business with such person, shall not vote for the adoption of any school-book offered for adoption by such school-book company, firm, corporation or agent. 12 SIXTEENTH SECTIONS SIXTEENTH SECTIONS. Sec. 7505 Hemingway's Code. 4695. Titles to be investigated and established. The board of supervisors of each county wherein is situated a sixteenth section of land, or a part of such a section, or another section or part of another section taken in lieu of any sixteenth sec- tion or part thereof, reserved for the support of township schools, shall employ one or more competent persons for that purpose, and shall take all such further action as shall be necessary to ascertain the true condition of the title to each parcel of such land in its county, and to establish and confirm the same, fixing in each case the date of the expiration of any lease thereof. Code 1892. A suit is maintainable by a county under this section where the defendant claims the sixteenth section in fee simple under a deed from the lessee, though the land was not sold by the county officials. Carroll County v. Jones, 71 Miss. 947, 15 So. 106. Employment generally of counsel by the year by the board of su- pervisors, under Code 1892, 293 (Code 1906, 312), in no way de- prives it of specially employing a different lawyer to investigate the special matter of title to sixteenth section school lands and to bring suit to confirm title thereto. Warren County v. Dabney, 81 Misg. 278, 32 So. 908. Code 1906. The title to the sixteenth section of land is in the state, in trust for the support of the public schools of the township wherein the same is situated. Jefferson Davis County v. James-Sumrall Lumber Co., 94 Miss. i30, 49 So. 611. Code 1906, 4695-4716, is within the power of the state and is not a delegation of power within the rule prohibiting the delegation of power, for a "county" is a mere political subdivision of the state, created to act for the state in local matters, and the state, in thus dealing with the sixteenth section of land, acts through a govern- mental agency. Jefferson Davis County v. James-Sumrall Lumber Co., 94 Miss. 530, 49 So. 611. Code 1906, 4695-4716, confer on the counties all powers necessary to carry out the purpose of the grant of jurisdiction and control, and a county may sue for waste committed in cutting timber from a sixteenth section. Jefferson Davis County v. James-Sumrall Lumber Co., 94 Miss., 530, 49 So. 611. Sec. 7506 Hemingway's Code. 4696. Abstracts of title. A complete abstract of title shall be made of each parcel of said land; and such abstract shall contain references, by book and page, to the acts of congress, the acts of the legislature, and to all records relating thereto and every such abstract shall be duly certified and recorded SIXTEENTH SECTIONS 121 in the record of deeds, and be styled and indexed under the head of "Sixteenth Sections, T. , R ;" and it shall be so styled and indexed whether the land be in a sixteenth section or in another section taken in lieu of it ; and the origi- nal shall be deposited in the land office. Sec. 7508 Hemingway's Code. 4698. Suits to establish title and settle disputes. It is the duty of the board of supervisors, and of such competent per- son or persons so employed, in the name of the county, and the privilege of any person interested, to institute and prose- cute to effect, in the chancery court of the county where the land lies, all necessary suits to establish and confirm the title to each parcel of such land and to fix the date of the expira- tion of any lease of the same; and if any person claim any of said lands in fee simple, or upon any other terms than that of a lease to expire at a fixed date, with absolute reversion to the state in trust, or if the title to such lands rest in parol, by destruction of records or otherwise, suit shall be instituted at once, or as soon as practicable, to test the legality of such claims or to re-establish the lost record. Code 1892. The interest referred to in this section is that of a citizen in a civil subdivision in the assertion of the rights of the pubic and not the interest of an owner or lessee of the lands. Such owner or lessee can not bring this action in his own behalf. Osburn v. Hinds County, 71 Miss. 19, 14 So. 457. Compliance by the board of supervisors with the requirements of Code 1892, 4144, 4145, 4146 (Code 1906, 4695, 4696, 4697), being for the benefit of the public, is not a prerequisite to bringing suit under this section to establish and confirm the title. Wright v. Lau- derdale County, 71 Miss. 800, 15 So. 116. Notwithstanding Code 1892, 501 (Code 1906, 551), it is sufficient in a suit under this section in behalf of the county to aver reservation of title by the United States for school purposes and that the legal title remains in the United States, affected with the public trust for support of schools in the township. Wright v. Lauderdale County, 71 Miss. 800, 15 So. 116. Carroll County v. Jones, 71 Miss. 947, 15 So. 106; Warren County T. Dabney, 81 Miss. 273, 32 So. 908. Sec. 7509 Hemingway's Code. 4699. Rule of evidence. Adverse possession for a period of twenty-five years, under a claim of right or title, shall be prima facie evidence in such case that the law authorizing the disposition of the lands had been complied with and the lease or sale duly made. If the claim be under a lease, the time at which the lease expires shall be fixed by the court. 122 SIXTEENTH SECTIONS Code 1892. This section is not confined to cases in which a lease has in fact been made and such lease is attacked because of alleged infirmity growing out of absence of evidence in compliance with the law. Car- roll County v. Estes, 72 Miss. 171, 16 So. 908. Wherever there has been adverse possession for twenty-five years under a paper title, purporting to assign a lease, the statute applies. Carroll County v. Estes, 72 Miss. 171, 16 So. 908. To the same effect, see Amite County v. Steen, 72 Miss. 567, 17 So. 930; and Forsdick v. Tallahatchie County, 76 Miss. 622, 24 So. 962. In the absence of sufficient evidence a lease of a sixteenth section by school trustees will not be presumed. Weiler v. Monroe County, 74 Miss. 682, 22 So. 188. No presumption that the sixteenth section has been leased will be indulged in support of a tax deed, Code 1892, 1806 (Code 1906, 1983), as to prima facie effect of tax deeds, being without application in such case. Leflore County v. Bush, 76 Miss. 551, 25 So. 351, dis- tinguishing Chamberlain v. Lawrence, 71 Miss. 949, 15 So. 40. No presumption of sale or lease of school land is indulged except that arising under this section. Leflore County v. Bush, 76 Miss. 551, 25 So. 351. A sale in fee of the sixteenth section school lands has never been authorized by law in this state. Weiler v. Monroe County, 76 Miss. 492, 25 So. 352, explaining Weiler v. Monroe County, 74 Miss. 682, 22 So. 188. The statute of limitations does not run against the reversion in a sixteenth* section during the existence of a lease. Weiler v. Monroe County, 76 Miss. 492, 25 So. 352. See Sexton v. Coahoma County, 86 Miss. 380, 38 So. 636. Sec. 7510 Hemingway's Code. 4700. Lands to be leased. None of such lands shall ever be sold, but they shall be leased; those not in a city, town, or village for a term not exceeding fifteen years, and those in a city, town, or village for a term not exceeding twenty-five years, on condition of the payment annually of the rent re- served. No timber shall be cut or used by the lessees except for fuel and necessary repairs and improvement on the land. Code 1892. Leaseholders or other private interests of persons in sixteenth sec- tions of land in this state are subject to taxation. Street v. Columbus, 75 Miss. 822, 23 So. 773. A tenant for years cutting standing timber on a -sixteenth section for sale is guilty of waste. Warren County v. Gans, 80 Miss. 76, 31 So. 539. And such timber may be replevied by the county under the pro- visions of this chapter, the land having been leased in 1834 for ninety- nine years under the laws of this state then in force. Warren County v. Gans, 80 Miss. 76, 31 So. 539. SIXTEENTH SECTIONS 123 A bill in equity to recover for waste simply averring that the school authorities had leased the land, that the lessee had assigned the lease and that defendant held under it, is demurrable for a failure to show the term of the lease, when, where, by whom and to whom it was made. Adams v. Griffin, 85 Miss. 1, 37 So. 457. Code 1906. The cutting of timber for commercial purposes from the sixteenth section leasehold is waste, notwithstanding a claim that the timber was cut and sold for agricultural purposes. Jefferson Davis County v. James-Sumrall Lumber Co., 94 Miss. 530, 49 So. 611. The good faith of a tenant of the sixteenth section of land in clear- ing up portions of it for cultivation is for the jury. Jefferson Davis County v. James-Sumrall Lumber Co., 94 Miss. 530, 49 So. 611. A tenant of the sixteenth section land may clear up for cultivation such portion of it as a prudent owner in fee would clear for that purpose, provided he leaves enough timber necessary for the perma- nent use and enjoyment of the inheritance, but he must do this in good faith, or he may be guilty of waste. Jefferson Davis County v. James- Sumrall Lumber Co., 94 Miss. 530, 49 So. 611. Since it is unlawful for the lessee of a sixteenth section of state land to sell for commercial purposes the timber standing thereon, the warranty in a sale of such timber by the lessee is broken when made, and an action for such breach at once lies, without any hostile asser- tion of the paramount title. Jackson Naval Stores Co. v. Tootle, 96 Miss. 486, 51 So. 801; Moss Point Lumber Co. v. Harrison County, 89 Miss. 448, 42 So. 290, 873. (1817, art. VI, 20.) Purchaser at a tax sale of leasehold interest in sixteenth section land acquired only the soil, where the lessee had sold the timber to one who paid the taxes thereon. Caston v. Pine Lumber Co., 110 Miss. 165, 69 So. 668. Sec. 7511 Hemingway's Code. 4701. Counties to have control. The several counties wherein are situated any of such lands have, through their respective boards of supervisors, under the general supervi- sion of the land commissioner, jurisdiction and control there- of, and of all funds arising from any disposition thereof here- tofore or hereafter made; and shall cause all such funds to be paid into their respective treasuries, and all notes, bonds, and other securities for the same to be turned over to the county treasurers and duly collected. All funds derived from such lands shall be credited to the proper township, and each treasurer shall keep a separate account with each town- ship. Such funds shall not be expended otherwise than for the purpose of education within the township to which they belong, but the board of supervisors may appropriate the funds for the erection of necessary buildings and improve- ments upon the land. The whole of the funds derived from annual payments of rents may be expended, but only the in- terest of other funds. The boards of supervisors may require additional bonds from the county treasurers to protect such 124 SIXTEENTH SECTION'S funds, but they shall be liable therefor on their official bonds. All securities heretofore taken for any such funds shall be delivered to the county treasurer and collected as in other cases. Schools, see 7386. Code 1906. Under Code 1906, 4701, an unliquidated claim for wrongfully cut- ting timber on sixteenth section lands was not within the provisions of Const. 1890, 100, and hence the supervisors had full authority to settle such claim. Eastman, Gardiner & Co. v. Adams, 101 Miss. 460, 58 So. 221. CHAPTER 220. LAWS 1910. Sec. 7512 Hemingway's Code. 4702. May sell timber. That the board of supervisors in counties having control of any sixteenth section of land, or a part of such section or of another section or part of a section taken in lieu of any sixteenth section or a part thereof, re- served for the support of township schools, be, and they are hereby authorized and empowered, to sell the merchantable timber of any and all varieties and wood and gravel and acid iron earth, on such land, or to lease for a term not exceeding three years said lands for turpentine, or pasturage purposes for a term not exceeding one year. The funds arising from ttie sale of such timber or wood or gravel or acid iron earth or from the lease for turpentine or pasturage purposes shall be credited to the proper township, and the treasurer shall keep a separate account with each township. Such funds shall not be expended but shall be loaned out by the boards of super- visors in the same manner and under the same restrictions as provided by law for the loan and security of other sixteenth section funds. The interest arising from such funds shall be expended for the support of the township schools as is pro- vided by law for the expenditure of the interest on other six- teenth sections. Code 1906. Under Const. 1890, 211, limiting the time for which the state caa part with control of school lands, and under Code 1906, 4702 ( 7512, this Code), authorizing the board of supervisors to sell the timber on such lands, the supervisors may permit the purchaser to enter the land to remove the timber, and to burden the land with the support thereof until removed, but they can not grant him an indefinite lengtk of time. Dantzler Lumber Co. v. State, 97 Miss. 355, 53 So. 1; State r. Blodgett, 110 Miss. 768, 70 So. 710; State v. Dunnam, 67 So. 461, not officially reported. SIXTEENTH SECTIONS 125 Under Code 1906, 4702, empowering county supervisors controlling cbool lands to sell the merchantable timber thereon, a corporation may lawfully acquire and dispose of such timber for commercial pur- poses. Southern Plantations Co. v. Kennedy Heading Co., 104 Miss. Ill, 61 So. 166. Since under Code 1906, 4702, a corporation may acquire the right to cut timber from sixteenth section land for commercial purposes, its warranty that it had the right to sell the timber for such purposes, with an agreement that in the event it had no such right to acquire it for the benefit of the buyer when called on to do so, and in default thereof to refund the purchase-money, was not void as being an agree- ment to protect the buyer in any illegal act. Southern Plantations Co. v. Kennedy Heading Co., 104 Miss. 131, 61 So. 166. A warranty expressly covering all of the timber on a tract can not be restricted by implication because of recitals in other parts of the deed, unless the intention to do so is expressed in unambiguous lan- guage, and the fact that the deed on its face shows a part of the land is sixteenth section land is immaterial to the grantee's right to re-- cover for a breach of warranty. Southern Plantations Co. v. Kennedy Heading Co., 104 Miss. 131, 61 So. 166. A purchaser of timber on sixteenth section land from the lessee, who paid taxes for the timber and subsequently purchased it from the board of supervisors, was the owner of such timber, notwithstanding sale of the leasehold interest for taxes. Caston v. Pine Lumber Co., 110 Miss. 165, 69 So. 668. CHAPTER 229. LAWS 1916. Sec. 7513 Hemingway's Code. 4703. How funds loaned and secured. That funds arising from the disposition of the sixteenth sections now on hand, and all such as shall accrue, together with all unexpended balances of annual rentals which shall accumulate, shall be loaned out for terms not exceeding five years, to be fixed by the board of supervisors, and at a rate of interest not less than six per centum, to be likewise fixed, the borrower in all eeses securing the same by a first trust deed upon improved real estate, duly filed and recorded; but a loan shall not be made until after the borrower shall have furnished, at his own expense, a complete abstract of title to the land offered as security for such loan, and that the certificate of the attorney for the board of supervisors or some reputable attorney satis- factory to the board of supervisors, be attached to said ab- stract, setting forth that in his opinion the reputed owner has a perfect title to said land and that a trust deed executed properly will be a first lien thereon. Provided, however, in all cases that the board of supervisors or a committee there- from shall have first inspected the proposed security and ap- praised same at an amount double the value of the proposed 126 SIXTEENTH SECTIONS loan, that is to say, no loan shall be made for a greater amount than one-half of the actual value of the land, to be deter- mined by appraisement by the board of supervisors, or its committee, and said appraisement to be reported in writing and said report recorded on the minutes of the board of supervisors. When said loan is made the recorded trust deed and the abstract of title shall 'be turned over to and held by the county treasurer or county depository in which the funds from which the loan made are deposited. But the board of supervisors shall have the authority to lend such funds to the board of trustees of any agricultural high school in the county at a rate of interest heretofore provided for a term not ex- ceeding twenty (20) years, for the erection, equipment or re- pair of county agricultural high schools. The board of super- visors in any county in which sixteenth section school funds shall have been loaned to the board of trustees of agricultural high schools levy annually when other taxes are levied a special tax to be used exclusively in paying the interest on such loans and in providing a sinking fund for their redemp- tion. If any funds shall be loaned or invested in any other manner, each officer concerned in making such loan and in- vestment or suffering the same to be made, in violation of the provisions of this section, shall be liable personally and on his official bond for the safety of the funds so loaned. CHAPTER 142. LAWS 1916. Sec. 7514 Hemingway's Code. Counties may purchase, hold and dispose of securities pledged for loans from the sixteenth section funds. 1. The board of supervisors of the respective counties in the State of Mississippi, are hereby authorized to purchase any real property or other security pledged to any county to secure loans from the sixteenth section funds of any county, at any sale resulting from the default in the payment of the interest or principal of any loan or any part thereof, providing no other bid or offer is made at such sale for an amount equal to the total amount of principal, interest and all cost of such sale, and the party so making such sale is authorized to ex- ecute the proper deed of conveyance for said property to the county so purchasing at such sale, said property or security to be held by said county for the use of sixteenth section funds from which the loan or loans on said security were made; and the board of supervisors of the county are hereby authorized to sell, rent or lease said property or security either at private or public sale, as the board of supervisors SIXTEENTH SECTIONS 127 shall deem for the best interest of said sixteenth section funds, such sale or leases to be made for either a cash consideration or part cash and balance in deferred payments, in the discre- tion of said board, any balance in deferred payments not to exceed two years from date of sale by said board, and the county shall have a lien on same for purchase-money as against all persons until paid. The deed of conveyance in such cases shall be executed in the name of the county by the president of the board of supervisors, pursuant to an order of the board entered on its minutes. The proceeds of all such sales, rents or leases shall be paid to the proper sixteenth section funds from which the loan originated, and for which the security so sold was pledged. CHAPTER 144. LAWS 1918. Section 1. Be it enacted by the Legislature of the State of Mississippi, That section 4704 of the code of 1906 be and the same is hereby amended so as to read as follows: How school funds used. The available township school funds may be appropriated for the building and repair of school houses and the purchase of furniture for the same and all necessary school supplies other than books, for the supply of water and fuel, and for the payment of teachers, both by supplementing the salaries of teachers during the public term and the payment of salaries after the common school term shall expire, and for clearing land, building improvements on, and draining any 16th section lands of the township to which said available funds may belong. And in cases where children in adjoining townships having available school funds, attend the same school, the trustees of each township shall make a list of the educable children attending such school from each township and file the same during the first month of the term with the county superintendent of education, to be used by him in determining the amount to be paid by each township, and all such funds appropriated to pay or supple- ment the salaries of teachers shall be paid out on certificate of the county superintendent of education, and he shall in- dicate on each certificate, the township to which the same shall be charged, provided, that whenever available township funds shall be used for the building and repair of school- houses and the purchase of furniture and supplies and the im- provement of lands, as provided in this section, the same shall be paid out on allowance of the board of supervisors. And the trustees of any township having sixteenth section lands to 128 SIXTEENTH SECTIONS lease, may, with the approval of the board of suffttegors. borrow money to build or make additions to publl