rv;-- ' -v*.* : . pr LB UC-NRLF 2D 77fl SI ---of--- 10U SCHOOL LAWS . . OF THE . . STATE OF WYOMING In Force April I, 1911 COMPILED BY ROSE A. BIRD, SUPERINTENDENT OF PUBLIC INSTRUCTION, CHEYENNE, WYOMING. I.AKAMII , WYOMING THE LARAMIE REPUBLICAN COMPANY PRINTERS AND BINDERS 1911 School* Laws of Wyoming Shall Have Free Access to State Offices For What Purpose. Sec. 83. The governor shall have free access to the office of any state officer for the inspection and examination of all books, papers, records and proceedings. [S. L. 1890-91, Ch. 95, Sec. 5.] May Require Reports to Be Made to Him When. Sec. 84. The governor, or either house of the legislature, may, when in the opinion of either of them, the public interest demands the same, require any state officer, commission or board of a state institution, to communicate in writing any information concerning any subject pertaining to such office, commission or board, as the case may be. [S. L. 1890, Ch. 5. Sec. 2.] Custodian of Bonds. Sec. 106. The secretary of state shall be the custodian of all bonds of state officers, excepting his own. If at any time the sureties or any of them upon any official bond shall die, remove from this state, become insolvent or from any other cause cease to possess the qualifications required by law, the secretary of state shall require the officer giving such bond to give a new bond with such sureties as are required by law. [R. S. 1887, Sec. 1687.] Investment of Land Funds. Sec. 125. All permanent funds arising from the sale of state lands and any permanent addition thereto, may, and whenever practicable, shall be invested by the treasurer of the state, with the approval of the governor and attorney gen- eral, in bonds of the United States or of the state of Wyoming, or in bonds issued by school districts within the state or reg- istered coupon county bonds of the state or registered coupon municipal bonds, issued by any corporate city or town in the state of Wyoming, or interest bearing warrants of this state. The interest only shall be used for the purpose for which the grant of lands was made. Provided, That all funds belonging to the state for public school purposes, the interest and income of which only are to be 'used, shall be invested only in bonds issued by school districts or registered county bonds of the 248090 . . * c i 4 SCHOOL LAWS OF WYOMING. state or state securities of this state or of the United States. [S. L. 1903, Ch. 30, Sec. 1.] How Invested. Sec. 126. Whenever in pursuance of any law of the state,, authorizing such investment, the state treasurer shall propose to invest any of the permanent state land funds in bonds of any school district in the state, or registered bonds of any county in this state, he shall be and he is hereby authorized, if in his judgment it shall be desirable or necessary to do so, to offer and pay for any such bonds out of any such permanent funds, a premium for the same in such reasonable amount as shall be deemed proper and necessary to secure such bonds. Provided, That the treasurer shall not pay for any such bond a price in excess of their market value at the time of purchase. Such premium so paid to be thereafter returned to the permanent fund from which it shall have been taken out of the first interest moneys received on such bonds, until the permanent fund is entirely reimbursed for the amount of the premium so paid. [S. L. 1897, Ch. 67.] SUPERINTENDENT OF PUBLIC INSTRUCTION. General Duties. Sec. 133. The duties of superintendent of public instruc- tion shall be as follows: He shall file all papers, reports and public documents transmitted to him by the school officers of the several counties, each year, separately, and hold the same in readiness to be exhibited to the governor, or to any com- mittees of either house of the legislature, and shall keep a fair record of all matters pertaining to the business of his office. He shall have a general supervision of all the district schools of the state, and shall see that the school system is, as early as practicable, put into uniform operation. He shall prepare and have printed suitable forms for all reports required by law and shall transmit the same, with such instructions in reference to the course of studies as he may judge advisable, to the several officers entrusted with their management and care. He shall make all further rules and regulations that may be necessary to carry the law into full effect, according- to its spirit and intent, which shall have the same force and effect as though contained herein. [R. S. 1887, Sec. 3906.] Disposition of Donated Books, Maps, and School Apparatus, Sec. 134. One copy of all books, maps, charts or school apparatus, which .may be received by the superintendent of public instruction from publishers, inventors or manufacturers,. SCHOOL LAWS OF WYOMING. 5 .shall be placed by him in the public library of this state. [R. S. 1887, Sec. 3907.] Distribution of School Funds. Sec. 135. On or before the 31st day of March in every year, if there shall be any money to the credit of the inxionie fund, for the use of public schools, in the state treasury, including the rents of the unsold school lands, the state su- perintendent of public instruction shall distribute such income among the several counties of the state according to the num- ber of children of school age in each, the same to be determined by reference to the last preceding annual reports furnished to the state superintendent of public instruction by the several county superintendents of schools. Such moneys so distributed shall be paid to the county treasurer of each county by the state treasurer, upon the requisition to that effect by the state superintendent of public instruction, which said requisition shall state the county entitled thereto, together with the amount, and the fund out of which it is to be paid ; and the superintendent of public instruction shall at the same time notify each superintendent of schools that such distribution has been made; such requisition shall be accompanied by a war- rant of the auditor upon the treasurer covering the amount of the requisition in each case, and the superintendent of pub- lie instruction shall file such requisition with the auditor and a copy of the same with the treasurer. Upon such distribution being made and said money being paid to the respective county treasurers, the county superintendent of schools in each county shall cause such money to be distributed among the several school districts in the county pro rata in the same manner and in the same proportion as the regular county school tax is re- quired by law to be distributed. Provided, however, That any hnv with reference to the distribution of- the county school tax which provides for a certain amount to be paid to each school district before the pro rata distribution of the balance is made shall not apply in the case of the distribution of said moneys; Provided, further, That no apportionment from said state fund shall be made to any school district for a year in which a school has not been maintained therein for at least three months. [S. L. 1895, Ch. 53, Sec. 1; R. S. 1899, Sec. 93.] Salaries Shall Deposit Fees. Sec. 136. Until otherwise provided by law, the governor shall receive an annual salary of four thousand dollars ; the secretary of state, state auditor, state treasurer, and superin- tendent of public instruction, shall each receive an annual salary of three thousand dollars; and the salaries of any of said officers shall not be increased or diminished during the 6 SCHOOL LAWS OF WYOMING. period for which they were elected, and all fees and profits arising from any of said offices shall be covered into the state treasury. [S. L. 1909, Ch. 54, Sec. 1.] Shall Reside at Seat of Government. Sec. 137. All officers hereafter elected to the offices men- tioned in Section 136 shall reside at the seat of government, and shall keep their offices at the state capitol. [S. L. 1909, Ch. 54, Sec. 2.] Attorney General Legal Adviser, Sec. 145. The attorney general shall prosecute and de- fend all suits that may be instituted by or against the state of Wyoming, the prosecution and defense of which is not other- wise provided for by law, and he shall represent the state in all criminal cases in the supreme court, and shall defend all suits brought against the state officers in their official relations,, except suits brought against them by the state. He shall be required to attend to the interests of the state in all suits r actions or claims in which the state is or may become interested in either the supreme court of the state, or in any of the United States courts. He shall be the legal adviser of all elective and appointive state officers, and of the prosecuting attorneys of the several counties of the state, and shall, when requested, give written opinions upon questions submitted to- him by such officers, and by either branch of the legislature, when in session. He shall also, within thirty days next pre- ceding the meeting of the legislature, make a report to the governor of the condition of affairs of his department, and in said report make such suggestions as shall appear to him cal- culated to improve the laws of the state, and shall communicate to the governor or either house of the legislature, whenever requested, any information concerning his office. It shall be the duty of the attorney general to pay over to the state treasurer all funds that may come into his hands by reason of the duties of his office. [S. L. 1899, Ch. 22, Sec. 5.] Limitation of Expense. Sec. 249. No state officer shall be authorized to create any expense of any kind or character as a charge against the state in excess of the amount expressly provided for his use as a contingent fund. Any officer creating an expense in ex- cess of such amount shall be responsible for such expenditure under his official bond; Provided, further, That the various contingents must be made to cover the full period of two years for which they are appropriated, and that any outgoing officer who shall not, when his term of office expires, have on hand the full sum of one-eighth of his entire contingent, to cover SCHOOL LAWS OF WYOMING. 7 the period to the first day of the following April, shall be considered delinquent, and shall be held responsible as above provided. [S. L. 1899, Ch. 35, Sec. 3.] Penalty. Sec. 250. Any person or persons, or board, who shall violate any of the provisions of the preceding section, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be fined in a sum not to exceed two hundred dollars. [S. L. 1899, Ch. 35, Sec. 5.] Receipts to Be Attached to Vouchers. Sec. 251. When an appropriation is made by law as a contingent fund for any office or officer, or board, or for any other purpose, to be expended for the state, theofficer or board having charge of such fund shall keep an account therewith, showing when, to whom, and for what purpose any portion of said fund has been expended; which account shall always be open for public inspection ; and every officer or person presenting any voucher to any board for allowance, or to the auditor for payment, shall have fixed thereunto receipts for all moneys expended; and any and all claims failing to comply with this provision shall be rejected by the auditor, or any of said boards to which such claims shall be presented ; if any officer or person shall make or present any voucher for a greater sum of money than was actually paid or expended for the purpose stated or indicated in or by such voucher, he shall upon conviction thereof, be deemed guilty of embezzle- ment of the amount so falsely included in such voucher in the excess actually paid or expended, and shall be imprisoned in the penitentiary not less than five years. [S. L. 1899, Ch. .T>. Sec. 4.1 Contingent Fund. Sec. 252. AYliriiever an appropriation is made as a con- tingent fund for the use of any state office, officer, board or commission to be expended for the state, the officer, board, com mission or other agency having charge of such fund shall keep an accurate account thereof showing when and to whom and for what purpose any portion of said fund has been expended and when such expenditure is made as an incident to travel on business of the state, a statement as to the nature and purpose of such travel, which account shall always be open for public inspection. Every such officer, board, commission or other agency having charge of such fund shall file with the secretary of state not later than the 30th day of November in even numbered years, a certified transcript of all items and explanations appearing upon the original expense vouchers SCHOOL LAWS OF WYOMING. theretofore filed with the state auditor for payment, all of which shall be reconciled with the account of the state auditor at the close of business upon the date mentioned. [S. L. 1909, Ch. 125, Sec. 1.] Publication of Accounts. Sec. 253. It shall be the duty of the secretary of state to compile and publish in pamphlet form as a public document, all certified transcripts of accounts filed in his office pursuant to Section 252 for general distribution and to deliver a copy thereof to each member of the legislature on or before the first day of the next succeeding session. The cost of such publication shall be paid out of the fund appropriated for legislative printing, the number of copies not to exceed three hundred. [S. B. 1909, Ch. 125, Sec. 2.] Penalty. Sec. 254. Any state officer, or any member of any state board or commission who shall fail to comply with the pro- visions of the two preceding sections, shall be guilty of a mis- demeanor and upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. [S. L. 1909, Ch. 125, Sec. 3.] Fiscal Officers to Balance Accounts. Sec. 260. All fiscal officers of the state shall balance their respective accounts at noon on the 31st day of March, and at noon on the 30th day of September in each year. [S. L. 1888, Ch. 54, Sec. 1.] Annual Fiscal Reports to Governor. Sec. 261. On or before the 1st day of November, annu- ally, each fiscal officer of the state shall report in writing, to the governor, the condition of his department, as required by laAV, covering the period since the last report, and up to and in- cluding the 30th day of September. [S. L. 1888, Ch. 54, Sec. 3.] Biennial Reports of State Officers. Sec. 262. Biennially, on or before the 1st day of Novem- ber, immediately preceding the meeting of the legislature, each and every state officer (except those mentioned in the last preceding section), and each and every commission or board of a state institution, shall report in writing to the governor of the state, the condition of his department, or its institution, cov- ering the period of two years preceding and up to and includ- ing the 30th day of September immediately preceding the fil- ing of such report. The reports thus required to be filed shall be in triplicate, one copy to be filed in the office of the gov- SCHOOL LAWS OF WYOMING. 9 ernor, one copy for the use of the senate, and one copy for the use of the house of representatives. [S. L. 1890, Ch. 5, Sec. 1.] Annual Salary Only Compensation. Sec. 263. The officers of all state institutions shall each be paid an annual salary, to be fixed by law, and they shall re- ceive no other compensation, perquisite or allowance what- ever. [S. L. 1895, Ch. 79, Sec. 2.] State Officers to Be Paid Monthly. Sec. 264. Each state officer shall be paid his salary or compensation allowed by the constitution of this state or by law, in monthly installments, and the salary of each officer for each month shall become due and payable on the last day of each month upon the presentation of his account for the salary or compensation for such month, duly verified as pre- scribed by law. [S. L. 1895, Ch. 18, Sec. 1.] Qualifications of Sureties. Sec. 265. Each surety, when he shall sign an official bond, shall make affidavit that he is a resident of this state; that he is worth the amount to be secured by such bond, over and above all' debts, liabilities and exemptions, and that the property named in such bond is situated in this state, which .affidavit shall be attached to the bond and be sworn to before any officer authorized by law to administer oaths; Provided, That any surety upon .any official bond, who shall wilfully, falsely and corruptly make affidavit as to any of the qualifica- tions required of him, as such, shall be guilty of perjury, and upon conviction thereof, shall be imprisoned in the penitentiary of the state of "VVvoming for a term of not exceeding ten years. [R. S. 1887, Sec. 1688.] Bonds to Be Given Before Entering Upon Duties. Sec. 266. No auditor or treasurer shall enter upon the duties of his office until he shall have given bonds, as herein- before specified. [R. S. 1887, Sec. 1690.] Inventory of State Property. Sec. 268. It is hereby made the duty of .each state officer other than the state examiner, and each state board to furnish to the state examiner in the month of April of each year an exact and true inventory of all chattel property belonging to the state in his, her or its possession or under his, her or its control on the 31st day of March of each year, which inven- tory so furnished shall give a description of the property, con- dition, for what purpose used, where situated and its cost. Such inventory to account for all property coming into his, io SCHOOL LAWS OF WYOMING. her or its possession since the report last made as required by this section. [S. L. 1899, Ch. 62, Sec. 2.] Deputies. Sec. 269. The secretary of state, the state auditor, state treasurer, and state superintendent of public instruction, or each of them, may appoint a deputy to perform the duties of their respective offices, such state officers being responsible to the state for the acts of such deputies appertaining to such office. The board of charities and reform, the state board of equalization, and every other board composed of any or all of the state officers shall choose from among the deputies of the several state officers, a person to be clerk of such board, and any such deputy so chosen shall not receive any other or further compensation as clerk 'of any such board ; his salary as deputy, as by law provided being in full for all services.* The same person shall not be chosen as clerk of any two of the following boards, to-wit : Board of charities and reform and board of equalization. [S. L. 1899, Ch. 35, Sec. 1.] Salaries of Deputies. Sec. 270. Such deputies shall each receive a salary of one hundred and twenty-five dollars per month and no other compensationf for any service rendered by them to the state ; said salary to be payable monthly, commencing on the 1st day of April, A. D. 1899. [S. L. 1899, Ch. 35, Sec. 2.] Shall Appoint Clerks of Boards Compensation. Sec. 271. Whenever pursuant to law, the state board of charities and reform shall appoint one of the regularly ap- pointed and qualified deputies of state officers to act as clerk of said board, and whenever pursuant to law, the state board of equalization shall appoint one of the regularly appointed and qualified deputies of state officers to act as clerk of said board, in such case the deputy so chosen to act in said capacity shall receive such salary as may be determined upon by the board making the appointment, no.t exceeding three hundred dollars per annum, payable in equal monthly installments, in addition to his salary as a deputy state officer, as provided by law, which said salary as clerk shall be approved and paid from the funds at the disposal of said boards for contingent expenses in the same manner that other accounts coming under the juris- diction of said boards are approved and paid ; Provided, That no deputy state officer shall be eligible for appointment to both clerkships referred to in this section. [S. L. 1909, Ch. 74, Sec. 1.] *See Ch. 74, S. L. 1909. fS. L. 1909, Ch. 74, and S. L. 1911 state exceptions. SCHOOL LAWS OF WYOMING. 1 1 Restriction Upon Public Officers in Contracting. Sec. 280. It shall not be lawful for any person, now or hereafter holding any office, either by election or appoint- ment, under the constitution and laws of this state, to become in any manner interested, either directly or indirectly, in his own name or in the name of any other person or corporation, in any contract, or the performance of any work in the mak- ing or letting of which such officer may be called upon to act or vote. And it shall not be lawful for any such officer to rep- resent, either as agent or otherwise, any person, company or corporation, in respect of any application or bid for any con- tract or work in regard to which such officer may be called upon to vote. Nor shall any such officer take or receive, or offer to take or receive, either directly or indirectly, any money or other thing of value, as a gift or bribe, or means of influencing his vote or action in his official character; and any and all contracts made and procured in violation hereof, shall be null and void. [S. L. 1890-91, Ch. 25.] Treasurers' Bonds Condition. Sec. 281. The state treasurer and the treasurer of each county, city, town, school district, and any other public officer having the custody of moneys, shall be required to furnish a bond in the amount required by law, which bond shall be con- ditioned that he shall faithfully perform all of the duties of his office as prescribed by law, and that he will safely keep all moneys which may come into his hands by virtue of his office, that he will promptly pay over to the person or persons legally authorized to receive the same all such moneys in the manner provided by law, and that he will deliver over to his successor in office all moneys held by him as such officer. Each of the said officers, and his bondsmen and sureties respectively, shall be responsible for the safe keeping and paying over according to law of all funds which shall come into his hands by virtue of his office. [S. L. 1899, Ch. 94, Sec. 1.] Who May Be Sureties. Sec. 282. The sureties and bondsmen on such official bonds shall be residents of the state of Wyoming, who shall duly qualify to own property in the state amounting in the ag- gregate to double the amount of the bond upon which they be- come sureties. Provided, however, That any surety or guar- anty company, duly qualified to act as surety or guarantor in this state upon executing such bonds, shall be accepted in lieu of such sureties. [S. L. 1899, Ch. 94, Sec. 2.] 12 SCHOOL LAWS OF WYOMING. Premium Payable How. Sec. 283. When the bond of the state treasurer or of the treasurer of any county, city, town or school district in this state shall be furnished by a guaranty or surety company, the premiums due such company for furnishing such bond shall be paid out of the public funds of said state, county, city, town, or school district, respectively; and there is hereby appro- priated the sum of five hundred dollars per annum, or so much thereof as may be necessary, as a special contingent fund for the purpose of paying the premium upon the bond of the state treasurer. [S. L. 1899, Ch. 94, Sec. 3.] Condition of Bond. Sec. 284. All bonds required by Sections 281, 282 and 283 may be conditioned as follows : "Whereas, The above bounden was to the office of on the day of , A. D "Now, therefore, the conditions of this obligation are such that if the said bounden and his deputies shall well and truly perform all the duties of his said office of as is or may be prescribed by law and shall with all reasonable skill, dili- gence, good faith and honesty safely keep and be responsible for all funds coming into the hands of such officer by virtue of his office ; and pay over without delay to the person or persons authorized by law to receive the same, all moneys which may come into his hands by virtue of his said office; and shall well and truly deliver to his successor in office, or such other person or persons as are authorized -by law to receive the same, all moneys, books, papers and things of every kind and nature held by him as such officer, the above obligation to be void; otherwise to remain in full force and effect." [S. L. 1899, Ch. 94, Sec. 4.] Sureties on Official Bonds How Released. Sec. 285. Any surety upon the bond of any state, county or municipal officer shall be released from further liability of such surety for such officer, by filing with the person or per- sons having authority to approve said bond, or with whom said bond is directed to be filed, a notice that said surety is unwill- ing longer to be security for such state, county or municipal officer. When any notice shall be filed as aforesaid, notice thereof shall immediately be given to such state, county or municipal officer, who shall thereupon file within fifteen days another security to be approved as provided by law. If said state, county or municipal officer shall not in the manner afore- SCHOOL LAWS OF WYOMING. 13 said file such bond to be approved as aforesaid, the said office shall become vacant and the said vacancy shall be filled in manner as is now provided by law. Jf a new bond shall be given by any officer, as hereinbefore provided, then the former surety or sureties shall be entirely released and discharged from all liability incurred by such officer after the time of the approval of said new bond, and the sureties to the new bond shall henceforth be liable as therein provided, after the ap- proval of said new bond as aforesaid. The officer, officers, board or official body where or with whom said original bond was filed shall have power to declare any office or offices vacant as hereinbefore provided; Provided, That no surety shall be released from further responsibility until the office shall be declared vacant or a new bond approved by the proper authority. [S. L. 1899, Ch. 9, Sec. 1.] Court Officers May Give Surety Bonds When Expense. Sec. 286. Any receiver, assignee, guardian, trustee, com- mittee, executor, administrator or curator or other fiduciary required by law or the order of any court or judge to give a bond or other obligation as such, may include as a part of the lawful expense of executing his trust, such reasonable sum paid a company authorized under the laws of this state so to do, for becoming his surety on such bond, as may be allowed by the court in which, or a judge before whom he is required to account, on bonds of one thousand dollars or more, not exceed- ing one-half of one per cent, per annum ; on bonds of less than one thousand dollars, not to exceed the sum of five dollars. [S. L. 1899, Ch. 9, Sec. 2.] Official Bonds in Surety Company Expense. Sec. 287. Any state, county, municipal or district officer required by law or the order of any state, county or municipal council, board or organization to give a bond or other obliga- tion as such, may include as a part of the lawful expense of executing and performing the duties of his office, such reason- able sum paid a company authorized under the laws of this state so to do, for becoming his surety on such bond or obli- gation, and may pay such sum or expense from any contingent or other fund furnished by the state, county, or municipality or organization for the payment of the lawful expenses of said officer, or may upon proper presentation of a claim for such sum or expense, have the same paid by any such state, county or municipal council, board or organization that ordered and directed the said bond or obligation to be furnished; Pro- vided, That the cost of bonds and obligations of all state, county, municipal or other public officers shall not exceed the 14 SCHOOL LAWS OF WYOMING. sum of one-half of one per cent, per annum on the amount of such bond or obligation. [S. L. 1899, Ch. 9, Sec. 3.] Limitation on Expense of Bond. Sec. 288. In all actions and proceedings wherein the parties thereto have furnished any bond, recognizance, un- dertaking, stipulation or other obligation, paying therefor to any company so authorized to do, a premium for such bond or obligation, such party, if entitled to recover costs in said action, shall be allowed and- may tax and recover such sum paid such company for executing any bond, recognizance, un- dertaking, stipulation or other obligation therein not exceed- ing, however, one-half of one per cent, on the 'amount of such bond, recognizance, undertaking, stipulation or other obliga- tion on bonds of one thousand dollars or more during each year the same has been in force ; on bonds less than one thousand dollars, not to exceed the sum of five dollars. [S. L. "1899, Ch. 9, Sec. 4.] Board of Trustees. Sec. 413. The government of the university shall vest in a board of nine trustees to be appointed by the governor, three, and only three, of whom shall at all times be residents of the county of Albany, together with the president of the university and the state superintendent of public instruction, as members ex officio, as such having the right to speak, but not to vote. [S. L. 1890-91, Ch. 75, Sec. 3.] Board Who Members. Sec. 436. The governor, the secretary of state, the state treasurer, the state auditor and the state superintendent of public instruction shall constitute and shall hereafter be known as the state board of charities and reform. [S. L. 1895, Ch. 34, Sec. 1.] Secretary of Board. Sec. 443. The superintendent of public instruction shall be secretary of the board, and shall keep a careful record of the transactions of the board in a substantial and bound book, to be kept for that purpose, and which shall be known as the records and proceedings of the state board of charities and reform; he shall countersign all papers, instruments, or docu- ments approved, made, or directed by the board ; he shall also, for the board and under its direction, make a biennial report to the governor, during the month of December in each even numbered year, showing clearly and succinctly the condition of all institutions under the control or supervision of said board, whether general or direct, giving the number of inmates SCHOOL LAWS OF WYOMING. 15 therein, their ages, sex, condition, religious belief, conduct, and all other matters pertaining thereto, and such report shall also contain such recommendations as the board may see fit to make to the governor, or the legislature, as shall tend to ameliorate the condition of the inmates of such institutions, that may tend to prevent crime, and as the claims of humanity and the public good may require. [S. L. 1903, Ch. 5, Sec. 1.] School Land Board. Sec. 602. The governor, secretary of state, state treas- urer and superintendent of public instruction, being consti- tuted a board of land commissioners by the provisions of sec- tion thirteen, article seven, of the constitution of the state, they shall, as such board, have the direction, control, lease and disposal of all lands heretofore or hereafter granted to the state for the support and benefit of public schools. Said board shall be officially known and designated as "the state board of school land commissioners," and shall have power and au- thority to take such official action, as may be at any time neces- sary, in making the selection of lands granted to the state for public school purposes, or to secure to the state the transfer and title of any such lands. [S. L. 1903, Ch. 78, Sec. 1.] GENERAL PROVISIONS RELATING TO COUNTIES. Classification of Counties. Sec. 1070. For the purpose of fixing the compensation to be paid to and the fees to be charged by county and precinct officers, the counties of the state are classified as follows : 1. Counties having an assessed valuation of more than twelve million dollars shall be counties of the first class. 2. Counties having an assessed valuation of more than six million dollars and not exceeding twelve million dollars shall be counties of the second class. 3. Counties having an assessed valuation of six million dollars, or less, shall be counties of the third class. [S. L. 1911, Ch. 38, Sec. L] Offices to be at County Seat Records Public. Sec. 1134. In counties of the first, second and third classes the clerk, sheriff and treasurer shall, without expense to such officers, be furnished with offices in the court house, or building used as such. Every sheriff, county clerk and county treasurer shall keep his office at the county seat of his county, and in the office provided by the county; if there be none provided, then at such place as the board of county commissioners may direct, and they shall keep the same open during the usual business hours of each day, Sundays and legal holidays ex- 1 6 SCHOOL LAWS OF WYOMING. cepted ; and all books and papers required to be in their office, shall be open to the examination of any person; and if any person or officer shall neglect to comply with the provisions of this section, he shall forfeit, for each day he so neglects, thi> sum of five dollars. [R, S. 1887, Sec. 1901 ; S. L. 1895, Ch. 76 r Sec. 21.] Bonds and Oaths. Sec. 1135. Every county officer provided for by law shall, before entering upon the duties of his office, and within twenty days after the commencement of the term for which he was elected or appointed, execute and deposit his official bond, as prescribed by law, and every such officer shall, also within the same time, take and subscribe the oath of office prescribed by section twenty of article six of the constitution of Wyoming, before some officer authorized to administer oaths, which oath shall be endorsed on the back of his certificate of election or appointment, arid shall be deposited with his official bond. [R. S. 1887, Sec. 1902.1 Time of Qualifying. Sec. 1136. All county officers elected at any general elec- tion, shall qualify and enter upon the discharge of their re- spective duties upon the first Monday in January immediately following such general election. [R. S. 1887, Sec. 1903.] Vacancies in County Offices How Filled. Sec. 1137. When a vacancy shall occur in the office of sheriff, county clerk, county treasurer, county and prosecuting attorney, or county commissioners, superintendent of schools y coroner, surveyor, road supervisor, assessor, justice of the peace, constable, or other county or precinct officer, any such vacancy shall be filled by appointment by the board of county commissioners in the county in which such vacancy exists. All such officers so appointed shall give bond, qualify and enter upon the discharge of their respective duties as by law required, and shall continue in the faithful discharge of such duties for the balance of the unexpired term of their respec- tive predecessors in office. [S. L. 1890, Ch. 80, Sec. 51.] Mileage How Computed. Sec. 1138. In all cases where a mileage fee or mileage ex- pense is allowed to any state, county or precinct officer, it shall not exceed the rate of ten cents per mile, for each and every mile actually and necessarily traveled in the performance of the duties of his office. In determining the mileage, it shall be computed by the nearest practicable route, and the " nearest practicable route" shall be construed to mean where the route is by railroad, it SCHOOL LAWS. OF WYOMING. 17 shall be by the most direct railroad line; where the route .shall be partly by* stage or other conveyance, then the route shall be the most direct stage line, or other conveyance, to the nearest railroad station, and then by rail, as above provided. [S. !,. 1897, Ch. 22.] Transportation Expenses. Sec. 1139. Whenever a county officer is allowed by law. mileage in the discharge of his duties, it shall be unlawful for him to claim, or for the board of county commissioners to al- low, any amount for horse hire, livery or any other and differ- ent transportation expenses. [S. L. 1895, Ch. 92.] Qualification of Sureties. Sec. 1140. Sureties upon an official bond, must be resi- dents of this state, and worth in the aggregate, double the amount to be secured by the bond, over and above all ex- emptions, debts and liabilities and each surety shall make an affidavit as to what he is worth, over and above all of his debts, liabilities and exemptions, which affidavit shall be en- dorsed on the bond. [R. S. 1887, Sec. 1912.] Failure to Give New Bond Renders Office Vacant. See. 1141. Whenever the board of county commissioners of any county shall require any new or additional bond to be given, as required by this chapter, it shall be the duty of the county clerk to immediately give personal notice thereof to the person required to give such bond, and if the bond so re- quired be not gi^ r en within twenty days after the receipt of such -notice, it shall be the duty of the board of county com- missioners to declare the office for which such bond is required to be given, vacant, and to cause such vacancy to be filled as provided by law. The person elected or appointed to fill such vacancy upon qualifying, as required by law, shall hold his office until the next general election in the county, and until his successor is duly chosen and qualified. [R. S. 1887, Sec. 1913.] Officer Filling Vacancy to Give Bond. See. 1142. Every person appointed to fill any vacant of- lire, as required by law, shall, before entering upon the duties of his office, qualify and give bond in the same manner as though he had been duly elected to the same office, and shall in all things be subject to the provisions of law relating to such office. [R, S. 1887, Sec. 1914.] Perjury by Surety. Sec. 1143. Any surety upon any official bond, who shall wilfully, falsely and corruptly make affidavits as to any of the i8 SCHOOL LAWS OF WYOMING. qualifications required of him as such, shall be guilty of per- jury, and upon conviction therefor, shall be imprisoned in the penitentiary for a term not exceeding ten years, and not less than one year. [K, S. 1887, Sec. 1915.] Public Money to be Paid Into Treasury. Sec. 1144. All county officers receiving money for any county in this state, shall pay the' same into the county treas- ury of the proper county. [R. S. 1887, Sec. 1916.] Officers to be Paid in Warrants. Sec. 1145. All county officers of any county in this state are prohibited from paying themselves from money belonging to any county which may be in their hands, but shall receive pay for all services rendered to a county, in warrants, drawn upon the county treasury by the board of county commission- ers. [R. S. 1887, Sec. 1917.] Official Year Defined. Sec. 1146. The official year of all county and precinct of- ficers shall commence on the first Monday of January every second year, except as otherwise provided by law. [R. S. 1887, Sec. 1918.] Copies of Records as Evidence. Sec. 1147. Copies of all documents, writs, proceedings, instruments, papers and writings, duly filed or deposited in the office of any county clerk or county treasurer, and transcripts from books of records or proceedings kept by any such officers, with the seal of his office affixed, shall be prima facie evidence in all cases. [R. S. 1887, Sec. 1904.] Auditing Officer May Withhold Salary. Sec. 1148. In case any officer of the state, or of any county or municipal corporation therein, having the custody of public funds, shall be a defaulter, or in case any public officer whose duty it is to pay into the treasury of the state, county or municipal corporation, any fees collected by him as such officer, shall fail at the time or times required by law to pay over such fees into the proper public treasury, the of- ficer or officers, whose duty it shall be to audit and a.llow claims for salary of any such officer or to issue a warrant or warrants, in payment of the same, shall have authority to with- hold the salary due to such officer, until such defalcation, if any, shall have been satisfied, or until such fees so unlawfully retained by such officer shall have been properly turned over and paid into the proper public treasury ; and in case the state examiner shall have determined any such defalcation to exist, or that any such fees have been improperly retained by any SCHOOL LAWS OF WYOMING. 19 public officer, it shall be the duty of such auditing officer or board to withhold such salary until such defalcation shall have been satisfied, or such fees shall have been turned into the proper public treasury, or unless, or until, a court of competent jurisdiction shall by judgment or decree arrive at a different conclusion from that of the state examiner, and adjudge that no defalcation or failure to pay over fees existed. [S. L. 1895, Ch. 119, Sec. 1.] Population How Determined. Sec. 1149. The number of inhabitants or population of a precinct for the purposes of fixing the compensation of justices of peace and constables provided by Sections 5180 to 5182, in- clusive, shall 1/e ascertained by a reference to the census thereof last taken by the United States, or this state. In pre- cincts where the records of the census, as aforesaid, do not -show the number of inhabitants or population, the presumption .shall be, until overcome by satisfactory evidence to the board of county commissioners, that the population thereof is less than fifteen hundred. [S. L. 1895, Ch. 76, Sec. 22.] Assessment How Determined. Sec, 1150. The assessed valuation of a county for the pur- poses of classification for compensation of its officers shall be ascertained by a reference to the assessment last made before the election or appointment of the county officer affected thereby. [S. L. 1895, Ch. 76, Sec. 23.] Power to Appoint Deputies. Sec. 1151. County officers may appoint such deputies, and may employ such assistants as they may deem necessary, but no such deputies or assistants shall be paid by the county, ex- cepting when specifically provided for by law. [S. L. 1895, Ch. 74, Sec. 10.] Officers Responsible for Acts of Deputies. Sec. 1152. All county officers shall be responsible for the acts of their deputies and assistants, and shall be holden on their official bonds therefor. [S. L. 1895, Ch. 74, Sec. 11.] Power of Deputies Bonds. Sec. 1153. All deputy county officers shall have the same power and authority as their principal, and all official acts performed by them shall have the same force and effect as if done by their principal. All officers appointing deputies and assistants may require from them a bond for their own protec- tion, in such sums as they may see fit. [S. L. 1895, Ch. 74, Sec. 12.] 2O SCHOOL LAWS 01? WYOMING. Powers and Compensation in Special Cases. Sec. 1154. Whenever any county officer shall be required to perform the official duties of any other officer in this state, he shall for the time being have the same powers in respect to the duties of such office as are given by law to the officer whose duties he shall perform, and shall be entitled to receive the same compensation for his services. [R. S. 1887, Sec. 1906.] Official Bonds Payable to State. Sec. 1155. Every official bond of any county officer, where not otherwise provided by law, shall be payable to the state of Wyoming, and an action shall lie thereon to the use of any party aggrieved, in the name of the people. [R. S. 1887, Sec. 1907.] Bonds of Revenue Officers. Sec. 1156. The several boards of county commissioners of this state, at any regular or special meeting, shall have power, by an order entered of record, to require any county officer, whose duty it is to receive any of the revenues of the county, to give bonds, with sufficient sureties to the people of the state of Wyoming, conditioned as now required by law, in the penal sum of one and one-fourth times the amount of taxes collected, or revenues of any kind, coming into his hands as such officer. [R, S. 1887, Sec. 1910.] Commissioners May Require New Bonds. Sec. 1157. If at any time the sureties or any of them, upon any official bond shall die, remove from this state, be- come insolvent, or from any other cause cease to possess the qualifications required by law, the board of county commis- sioners shall require the officer giving such bond, to give a new bond, with such sureties as are required by law. [R. S. 1887, Sec. 1911.] When Salaries to be Paid. Sec. 1158. The salaries of county and precinct officers as provided for by law shall be paid in equal monthly installments, by the county in which they serve, and shall be allowed at the first regular monthly meeting of the board of county commis- sioners occurring after the rendition of such service ; Provided, That in counties of the third and fourth classes the salaries of the county and precinct officers may be paid quarterly. [S. L. 1895, Ch. 76, Sec. 20.] Removal of Officers. Sec. 1159. Every justice of the peace or other county officer not liable to impeachment, shall be removed from of- SCHOOL LAWS OF WYOMING. 21 fice by the board of county commissioners of the proper county, if after proof submitted, they shall be satisfied that the said officer has been guilty of any palpable omission of duty as such officer, or has been guilty of wilful or corrupt oppression or partiality in the discharge of his official duties, or has de- manded or received any pay for the performance of the duties of his office to which he is not entitled or for any other act which by statute is in violation of his official oath and bond. [S. L. 1899, Ch. 7, Sec. 1.] Procedure in Removal. Sec. 1160. The accusation shall be presented to the clerk of the proper county in writing and be subscribed and verified by the person making the same, whereupon the clerk shall im-r mediately notify the officer so accused to appear before the board of county commissioners at the next regular meeting, provided the same be more than fifteen days from the date of such notice, and if less, at the second regular meeting there- after. [S. L. 1899, Ch. 7, Sec. 2.] Testimony Vacancy, How Filled. Sec. 1161. The manner of taking testimony shall con- form to the provisions of the statutes as set forth in the justice code. If a vacancy be declared, the commissioners shall imme- diately proceed to fill the same as provided by law, unless notice of appeal be immediately given, and said appeal per- fected as provided in case of disallowance of claims, provided the right to appeal to the district court shall extend to both parties. [S. L. 1899, Ch. 7, Sec. 3.1 Collector of Taxes. Sec. 1183. The county treasurer of each county shall be, by virtue of his office, collector of taxes therein, and shall per- form such duties in that regard as are prescribed by law ; and the bond to be given by such treasurer, as above provided, shall cover any or all violation or violations of his duties as collector of taxes, and any or all failure or failures on his part to pay over to the proper person or persons any moneys by him received as collector of taxes, and any and all failure or fail- ures of said treasurer to deliver to any person or persons au- thorized by law to receive the same, any books, papers or other things appertaining to his duties as collector of taxes. [S. L. 1890-91, Ch. 45, Sec. 3.] Custodian of County Funds. Sec. 1186. The county treasurer shall receive all moneys belonging to the county and state, from whatever sources they may be derived, and all moneys which may be directed by 22 SCHOOL LAWS OF WYOMING. law to be paid to him. All moneys received by him for the use of the county, shall be paid out by him only on the orders or warrants issued by the board of county commissioners, as prescribed by law, except where special provisions for the pay- ment thereof shall be otherwise made by law. [S. L. 1890-91,. Ch. 45, Sec. 5. To be Legal Adviser of County Officers. Sec. 1207. The county and prosecuting attorney, upon, request of any county officer of his county, shall, without fee,, give his opinion in writing upon all questions of law having reference to the duties of such officer, which may be submitted, and shall file and preserve in his office a copy of all such opin- ions. [R. S. 1887, Sec. 1895.] SUPERINTENDENT OF SCHOOLS. Oath and Bond Prohibited from Teaching. Sec. 1296. There shall be in each organized county a su- perintendent of public schools, who shall, before entering upon the duties of his office, take the oath prescribed by the constitu- tion and give bond to the state of Wyoming in the penal sum of five hundred dollars for the faithful performance of all du- ties required of him by law as such superintendent, to be ap- proved by the board of county commissioners, and together with his certificate of election and oath, filed in the county clerk's office; rrovided, That no person shall at the same time hold the positions of county superintendent of public schools and teacher in any public school in his or her county. [R. S. 1887, Sec. 1898.] Salary. Sec. 1297. County superintendents of schools shall receive- the following annual salaries: In counties of the first class nine hundred dollars, in counties of the second class seven hundred and fifty dollars, in counties of the third class six hundred dollars, and in counties of the fourth class five hun- dred dollars, together with their actual and necessary traveling expenses, w T hile engaged in the discharge of their official duties, the account for which expenses, before being allowed, shall be stated in separate items, accompanied by vouchers, or receipts,, for all items amounting to five dollars or more, and otherwise made conformable to the law. [S. L. 1901, Ch. 18.] Duties. Sec. 1298. The duties of the county superintendent shall be as follows: He shall on or before the fourth Monday of July in each year, transmit to the superintendent of public instruction a report containing an abstract of the several par- SCHOOL LAWS OF WYOMING. 23 ticulars set forth in the report of the district clerks, together with a statement of the financial affairs of his office, and such suggestions as he shall think proper, relative to the schools of his county ; he shall distribute to the districts within his county such blank forms, circulars and other communications as may be transmitted to him for that purpose by the superintendent of public instruction. [S. L. 1907, Ch. 15, Sec. 3.] The Apportionment of Taxes. Sec. 1299. On the first Monday of December, annually, lie shall apportion the county school tax and all money in the county treasury belonging to the county school fund, in the following manner : Each school district in the county, includ- ing the high school district that may exist, shall be apportioned the sum of one hundred and fifty dollars for the payment of teachers in such district and all moneys remaining after such apportionment shall be apportioned to each district pro rata in accordance with the number of pupils in attendance at the schools of said district reported to him by the several district clerks; provided, always, that each, every and all poll taxes levied and collected for school purposes, in each school district of this state, shall, when collected by the county treasurer, be paid over to the treasurer of the school district in which the persons respectively reside, who paid such poll tax, and the said poll taxes shall not be divided among the school districts of the county pro rata to the number of scholars in such school dis- trict, but the poll taxes so collected from the inhabitants of each school district shall be paid to the treasurer of the school district in which they severally reside, for the support of the school of such district ; no district shall be entitled to the amount of one hundred and fifty dollars for the payment of teachers besides the pro rata apportionment as provided in this section where there are less than eight scholars of school age in said district; and provided, further, that in counties where there may exist a county high school, the said money shall be apportioned in the following manner: After the apportion- ment of one hundred and fifty dollars to each district, as above provided, all money of the county school fund, to which the districts composing the high school district may be entitled, shall be apportioned between such high school district and the districts composing the same, in proportion as the number of children in such district between the ages of seventeen and twenty-one bears to the whole number of children of school age as shown by the last school census and after such portion of the school fund shall have been apportioned to such high school district as last above provided the remainder thereof shall be apportioned among the districts embraced in the said high school district in accordance with the rule hereinbefore es- 24 SCHOOL LAWS OF WYOMING. tablished; he shall record a statement of such apportionment in his office and he shall also notify the county treasurer of the same: he shall immediately draw an order on the county treasurer in favor of the treasurer of each district for the amount of its proportion and transmit the same to the treasurer of the district, provided such district treasurer shall have given his official bond, which draft the county treasurer shall pay to the district treasurer on presentation of the drafts properly endorsed. [S. L. 1911, Ch. 90, Sec. 1.] Supplemental Apportionment. Sec. 1300. Should no apportionment of the school funds be made on the first Monday in December as required in this chapter, he may make an apportionment as soon thereafter as practicable, in the same manner as hereinbefore provided. He may also make a supplementary apportionment of the money in the county school fund at any time after the first Monday in December prior to the first of the following June and such supplementary apportionment shall be pro rata according to the number of pupils in attendance in any and all schools in each district, as reported to him by the several district clerks in their last annual reports. Provided, That in counties wherein there may exist a county high school, such apportion- ment shall be made in the manner provided by the last section. [S. L. 1911, Ch. 90, Sec. 2.] Boundaries of Districts When Changed Number. Sec. 1301. The county superintendent of schools shall divide the county into school districts, and may alter and change the boundaries of districts thus formed, from time to time as the convenience of the inhabitants of the aforesaid district may require, and shall proceed to make such change at any time, when petitioned by t\vo-thirds of the legal voters of any district. And the county superintendent of schools shall abolish or join in a contiguous district any school district in which no school has been maintained for twelve consecutive months, and all funds to the credit of such district so abol- ished or joined to another district shall be re-turned to, and be- come a part of the general school fund of the county; Pro- vided, That nothing in this chapter shall be so construed as to prevent the county superintendent of schools from joining any school district (having less than eight pupils) to any other school district lying continguous thereto, if, in the judgment of said superintendent, it will be for the benefit of the public schools, so to join such districts. [S. L. 1901, Ch. 20.] Dismiss Incompetent Teachers Visits. Sec. 1302. He shall have the general superintendence of the schools of his county, and shall visit each school at least SCHOOL LAWS OF WYOMING. 25 once in each term, and shall have power to recommend for dis- missal all teachers he may find to be incompetent; Provided, That before any teacher shall be dismissed it shall be the duty of the superintendent to specify charges, in writing, against said teacher, and shall file the same with the board of trustees of the school district wherein said teacher is employed, and upon such charges a hearing shall be had in the presence of the board, and if in their judgment the charges as preferred are well sustained, then the said board may proceed to dismiss said teacher. [S. L. 1901, Ch. 56.] Failure to Make Report Penalty. Sec. 1303. Should he fail to make his reports, as required in this chapter, he shall forfeit the sum of one hundred dol- lars, and suit shall be brought on his official bond for the col- lection of the same, with damages, by the prosecuting attor- ney. [B. S. 1887, Sec. 3915.] Supervisory and Appellate Authority. Sec. 1304. He shall see that the annual report of the clerks of the several school districts in his county are made correctly and in due time, and shall hear and determine all appeals from the decision of the district boards. [R. S. 1887, Sec, 3917.] County Teachers' Institute. Sec. 1305. The county superintendent of public schools shall hold annually, at some convenient place, a county teach- ers' institute for the instruction and advancement of teachers. Said institute shall continue not less than four days. The county superintendent shall preside at all meetings, and de- termine the time and place for holding such institute. It shall be the duty of all teachers actualy engaged in teaching in such county to attend such institute unless they shall have a written excuse, signed by the county superintendent. It shall be the duty of each district board to pay all teachers who attend such institute, the same salary per day they would have been paid had the same amount of time been spent in teaching. -It shall be the duty of the county board of commissioners in each county to appropriate annually in counties of the first class, $250.00 ; in counties of the second class, $200.00 ; in counties of the third class, $150.00, for the payment of such instructors or 1 cturers as the county superintendents may employ to assist him or her in holding the county institute. [S. L. 1909, Ch. 40.] May Appoint Deputies. Sec. 1306. In counties of the first, second and third class, the county superintendent, by and with the consent 26 SCHOOL LAWS OF WYOMING. of the board of county commissioners, may appoint deputy county superintendents, to be paid by the county a compensa- tion of three dollars per diem while actually engaged as such deputy. Provided, however, That in no case shall the amount so appropriated by any county for such deputy exceed the sum of one hundred and fifty dollars, in any one year. [S. L. 1909 r Ch. 46, Sec. 1.] COUNTY LIBRARIES. Tax to Be Levied Amount. Sec. 1316. When the county commissioners of any county have received proper and sufficient guarantees, whether in the form of conveyances, or bonds of citizens, or associations or corporations, that a suitable place will be permanently fur- nished for the protection and use of a public library as a con- dition precedent to their own action, under the provisions of this chapter, it shall be their duty to levy annually a tax of not less than one-eighth of a mill nor more than one-half of a mill on the dollar on all taxable property in the county, for the establishment and maintenance of a public library to be located at the county seat of such county. And whenever a suitable place is furnished without rent for the use of any county library, the directors thereof shall have the power to pay such incidental expenses as may.be necessary in keeping in repair and properly janitored, lighted, heated and cared for, the place so furnished, and to pay the expense thereof out of the taxes levied hereunder. [S. L. 1907, Ch. 45, Sec. 1. ] How Tax Levied and Collected. Sec. 1317. The tax authorized by the preceding section shall be levied and collected at the same time and in the same manner as other county taxes of such county are levied and collected, and the whole amount so collected shall be set apart and shall be desiganted the county library fund; Provided, That nothing herein contained shall be construed into author- izing any additional levy to that now authorized by law. [S. L. 1907, Ch. 45, Sec. 2.] Board of Directors Appointment. Sec. 1318. The control and use of said library fund shall be entrusted by the county commissioners of any county to three competent and responsible citizens of the county, to be appointed by said commissioners and to constitute a board of directors for this purpose. As soon as .appointed they shall in- corporate as a body, with an appropriate name. They shall serve without compensation and the treasurer of the board shall give bonds, to be approved by the county commissioners, SCHOOL LAWS OF WYOMING. 27 for the faithful performance of his duties. It shall be their duty, upon notification from the county commissioners that a library fund is at their disposal, to expend so much of the said fund as shall be found available, in the purchase of books, fur- niture, salaries of librarian and assistants, and incidental ex- penses for the library herein provided to be established; Pro- vided, That the books so purchased shall be of a kind best suited to inform the mind and improve the character of the reader; that neither sectarian nor professional books shall be purchased out of such fund, and that not exceeding twenty-five per centum of such fund so expended shall be used for the pur- chase of works of fiction; the said trustees appointed by the county commissioners shall hold office, one-third for one year, one-third for two years, and one-third for three years from the 1st day of July following their appointment, and at their regular meeting shall cast lots for the respective terms; and annually thereafter the county commissioners shall, before the 1st day of July of each ye^r, appoint, as before, one director to take the place of the retiring director, who shall hold office for three years and until his successor is appointed. The county commissioners may remove any director for misconduct or neglect of duty. [R. S. 1887, Sec. 686 ; S. L. 1907, Ch. 45, Sec. 3.] Donations Location of Library Librarian. Sec. 1319. The said board of directors is authorized to re- ceive donations of real estate, money or books, in aid of the establishment or maintenance of the library, for which said directors are hereby made responsible, and, as trustees of the donor, shall carefully observe the conditions accompanying every such gift, and if any incorporated literary or library association shall donate to such county library, property equal in value to one thousand dollars, or shall annually contribute to its resources a sum exceeding two hundred and fifty dol- lars in money, such association shall be entitled to name one person to be an associate member of said board of trustees, who shall have all the rights, privileges and responsibilities of the other members thereof. When no provision can be made for otherwise furnishing the library with the necessary accommo- dations for its books and other publications, without expense to the library fund arising from the public tax, it shall be the duty of the board of school trustees or directors of the school district embracing the county seat, to provide accommodations for them in the best situated school building over which such board of school trustees have control. The board of directors shall also appoint a competent person to have the immediate 28 SCHOOL LAWS OF WYOMING. charge of the library, with such duties and compensation for services as they shall fix and determine. [S. L. 1907, Ch. 45, Sec. 4.] Libraries to Be Free. Sec. 1320. Every library established and maintained un- der the provisions of this chapter shall be free to all residents of the county to which it belongs, on the condition that such persons comply with such rules and regulations for the safety and management of the library as the board of directors shall prescribe, which rules and regulations may be enforced by legal proceedings in any court of competent jurisdiction ; Provided, That in the management of the library, the best possible provision shall be made for the convenient use of the books thereof by the residents of such county residing out of the town wherein the library is situated. [S. L. 1907, Ch. 45, Sec. 5.] Board of Directors Use of Books. Sec. 1321. It shall be the further duty of such board of directors to keep a careful record of all its doings, with du- plicate vouchers for all expenditures, one set of such vouch- ers to be kept in the office of the secretary of the board of directors, the other to be filed with the county commissioners at the end of each calendar year. The board of directors shall also, at the end of each year, report to the county commis- sioners all the important transactions for the previous twelve months, specifying in each report the sum of money received from the county library fund, also the moneys and property re- ceived from other sources, the use and disposition made of such moneys and other property, the number of books and other pub- lications then in the library, the number of books and other publications added by purchase and gift during the year, as well as the number of books lost and missing, the number, title and cost of books, maps and charts purchased out of the county library fund, the number of books loaned out, with the gen- eral character of such books, the number of persons who have drawn books from the library during the year, and the num- ber of visitors thereto, together with such other facts deemed of public interest, a copy of which report shall be furnished by the clerk of said board of county commissioners for pub- lication in at least one paper of general circulation in the county. Only persons resident of the county shall be al- lowed to obtain a loan of books from the library, and in every case when books are lost or destroyed by such parties, or with- held from the library by such persons, then in that event such SCHOOL LAWS OF WYOMING. 29 persons shall be responsible for the loss of such book or books, and the value of said book or books may be recovered by proper action at law in any court of competent jurisdiction in the county. [S. L. 1907, Ch. 45, Sec. 6.] PUBLIC INDEBTENDESS. Indebtedness in Excess of Constitutional Limit, Void. Sec. 1353. Any indebtedness created after February 21, 1899, in excess of the limitation of the constitution, by any county, city, town, village, or other sub-division of the state of Wyoming in any current year, defined as from the first Mon- day in January of one year to the first Monday in January of the next year ensuing, in excess of that authorized by the con- stitution of the state and for the payment of which there are no available revenues, during such current year, shall as against such county, city, town, village, or other sub-division of the state, be void and of no effect, but any officer who shall par- ticipate in creating such indebtedness, and the sureties on his official bond, shall be personally liable to the holder, or holders, of such indebtedness as fully as if such indebtedness had been contracted for his individual benefit. [S. L. 1899, Ch. 89.] SCHOOL DISTRICTS ORGANIZATION AND GOVERN- MENT. Notice of Formation of New District. Sec. 1926. Whenever a school district shall be formed in any county, the county superintendent of schools in such county shall, within fifteen days thereafter, prepare a notice of the formation of such district, describing its boundaries and stating the number thereof, and appointing a time and place for the district meeting. He shall cause the notice, thus prepared, to be posted in at least five public places in the district, at least ten days before the time appointed for such meeting ; and when a joint district is derived from portions of two or more coun- ties, the county superintendent of each county, from which any portion of the new district is taken, shall unite in giving the customary notices, and the new district shall be numbered by the superintendent of the county having the highest number of districts. [R. S. 1887, Sec. 3918.] Appeal from Superintendent on Formation of District. Sec. 1927. A majority of the voters in any school district, being dissatisfied with the formation of any school district, shall have the right to appeal from the superintendent to the board of county commissioners, and from the board of county 30 SCHOOL LAWS OF WYOMING. commissioners to the superintendent of public instruction. [R. S. 1887, Sec. 3919.] First Election of Trustees Officers of District. Sec. 1928. The qualified electors of a school district, when assembled in accordance with the notice required in section nineteen hundred and twenty-six, shall organize by appointing a chairman and a secretary who shall act as judges of election. They shall the'n by ballot elect three trustees possessing the qualifications of electors of said district, and the name of each elector shall be recorded by the secretary, and they shall hold their office until the next succeeding annual district election and until their successors are elected and qualified. The said trustees shall constitute a board of directors for the district and shall, as soon as they are qualified, choose from their number a director, treasurer and clerk of the district. [S. L. 1890, Ch. 77, Sec. '!.] Oath of Directors. Sec. 1929. All directors of the board shall, within ten days after their election, appear before some justice of the peace or other person qualified to administer oaths, and take an oath for the faithful performance of their duties and in accordance with law, and shall, without delay, transmit a copy of said oath in writing to the county superintendent of schools. [S. L. 1890, Ch. 77, Sec. 2.] Annual Election of Trustees District Officers. Sec. 1930. Except as otherwise provided by law, there shall be elected in each organized school district meeting on the first Monday in May of each year, one trustee, who shall hold his office for three years and until his successor is duly elected and qualified. If, for any cause, the annual election should not be held at the regular annual meeting, a special meeting may be held for that purpose if so- specified in the notice for said special meeting. The trustees together shall constitute a board of directors for the district, and shall, im- mediately after they are qualified, elect one of their number a director, treasurer and clerk of the district. At the first regu- lar annual election after a school district is organized there shall be three trustees elected, one to hold his office for the term of three years, and one to hold his office for the term of two years, and one for the term of one year and until their successors are elected and qualified, and thereafter at each such annual meeting there shall be one trustee elected as afore- said, for the term of three years, as successor to the outgoing member of the board, and all of said trustees herein men- tioned shall possess the qualifications of any elector in said SCHOOL LAWS OF WYOMING. 31 District, and shall be elected by ballot, and the name of each elector voting for trustee shall be recorded by the secretary of the meeting, and such record shall be filed with the district derk. [S. L. 1890, Ch. 77, Sec. 3.] Election of Trustees Where Number Increased to Six. Sec. 1931. In all school districts in this state containing a population of one thousand or more, the number of trustees may be increased to six at any annual school election held hereafter, if the majority of the electors at such annual meet- ing, upon taking a vote by ballot, so decide. The electors shall then proceed by ballot to elect one trustee for one year, one trustee for two years and two trustees for three years. . At all annual elections held thereafter there shall be elected two trustees, who shall hold their office for three years, or until their successors are elected and qualified. [S. L. 1897, Ch. 38.] School District Seal. Sec. 1932. It shall be the duty of every board of school directors so increased to six members to provide, at the ex- pense of their district, and for said district, a seal, upon which shall be engraved the words "School District No , County, Wyo., " stating the number of the district, and the county in which it is situated. The seal shall be in possession of the clerk of the district. It shall be .affixed to all communications or notices required by law to be sent or published by such school board, and to all warrants drawn upon the treasurer of the district. [R. S. 1887, Sec. 3923.] School District to Be Body Corporate. Sec. 1933. Each school district formed under the pro- visions of this title is hereby declared to be a body corporate by the name and style of ' ' School District No , in the County of and State of Wyoming ' ' , and in that name it may hold property anfl be a party to suits and contracts. [R. S. 1887, Sec. 3925.] Regular Meetings of District. Sec. 1934. The fiscal year shall end on the 30th day oE April and the annual school meeting of each school district shall be held on the first Monday of May in each year. And, when present, the director and clerk shall preside as chairman and secretary, respectively, of such meeting. [S. L. 1907, Ch. 15, Sec. 1.] Powers of District Meeting 1 . Sec. 1935. The qualified electors of the district, when .assembled, shall have power : 32 SCHOOL LAWS OF WYOMING. 1. To appoint a chairman and secretary, in the absence of the regular officers. 2. To adjourn from time to time, as occasion may re- quire. 3. To determine the number of schools which shall be established in the district, and the length of time each shall be taught. 4. To fix the site of each school house, taking into con- sideration in doing so, -the wants and necessities of the people of each portion of the district. 5. To vote such sum of money as the meeting shall deem sufficient for any of the following purposes : To supply .any deficiency in the fund for the payment of teachers ; to pur- chase or lease a suitable site for a school house, or school houses; to build, rent or purchase a school house, or school houses, and keep in repair and furnish the same with the necessary fuel and appendages ; for procuring libraries for the schools, books and stationery for the use of the board and district meetings ; and for the payment of all other contingent expenses of the district ; Provided, That the sum of money so voted shall not exceed ten mills on the dollar of all taxable property in each school district. 6. To direct the sale or other disposition to be made of any school house, or the site thereof, and of such other property, real or personal, as may belong to the district ; and to direct the manner in which the proceeds arising therefrom shall be applied. 7. To vote a sum not exceeding one hundred dollars in any one year, to procure a district library, consisting of such books as they may direct any person to procure. 8. To delegate any and all powers specified in the fore- going subdivisions to the district board; Provided, That the district board shall not have power to vote or raise money as provided in subdivision five. 9. To transact generally such business as may tend to promote the cause of education in accordance with the provi- sions of this and succeeding chapters. [R. S. 1887, Sec. 3927 ,- S. L. 1888, Ch. 72, Sec. 12; S. L. 1890, Ch. 77, Sec. 5; S. L. 1903, Ch. 63; S. L. 1905, Ch. 91, Sec. 1.] Objects in Voting Money to Be Designated. Sec. 1936. In voting money, the district meetings shall designate the respective objects for which the same is raised, and the amount to be raised for each object, and the aggre- gate amount shall be assessed and collected, as provided by law. [R. S. 1887, Sec. 3928.] SCHOOL LAWS OF WYOMING. 33 Meeting May Adopt Rules of Order. Sec. 1937. They may adopt rules of order, not incom- patible with the provisions of this chapter and the instructions of the superintendent of public instruction, for the government of district meetings, and may alter and change the same from time to time as occasion may require, and may prescribe the manner of taking the sense of the meeting upon any question ; Provided, That the last specification shall not apply to the elec- tion of officers. [R. S. 1887, Sec. 3929.1 Transfer of School Funds. Sec. 1938. In all cases where there are moneys belonging to the school house fund, remaining in the hands of the dis- trict treasurer of any school district, and the board of directors thereof are satisfied that such moneys are not required to build a school house or school houses, in said district, or repair or furnish the same, such moneys may be transferred and accred- ited to the teachers' fund, and applied' to the payment of teachers. And the board may also in like manner transfer a surplus of the teachers' fund to the fund for building school houses when required. [R, S. 1887, Sec. 3930.] Manner of Conducting Election of Trustees. Sec. 1939. At the regular district" meeting of school dis- tricts in each year, at the time now provided by law for the election of trustees, such district meeting shall be opened by proclamation of the trustees, at the hour named in the pub- lished or posted notice for the meeting. And the order of business at such meeting shall be : 1. Reading and consideration of the report of the clerk and treasurer. 2. Voting of money to be raised by special tax. . 3. Election of trustee or trustees. 4. Miscellaneous business. [S. L. 1888, Ch. 73, Sec. 1.] Qualifications of Electors. Sec. 1940. All school district elections shall be carried on as provided by law, and the qualifications of voters at such elections shall be the same as at any other election, and in ad- dition thereto, such voter shall be in possession of a tax re- ceipt, from the tax collector of the county in which such elec- tion is being held, showing that such voter is a property owner in such school district ; Provided, however, That the tax qualification mentioned in this section shall apply only to questions of special school tax appropriations of money and bonding such school district. [S. L. 1890, Ch. 80, Sec. 179- K. S. 1899, Sec. 536; S. L. 1905, Ch. 68, Sec. 1.1 34 SCHOOL LAWS OF WYOMING. Directors Shall Qualify. Sec. 1941. Said directors shall qualify in the manner pre- scribed for directors elected upon the formation of a new school district ,- and in case they neglect or refuse to do so they shall be subject to the same pentlay. [R. S. 1887, Sec. 3934; R. S. 18,99, Sec. 538.] Meeting of Board. Sec. 1942. The board of directors may hold such regular, special or adjourned meetings as they may from time to time determine. [R. S. 1887, Sec. 3935.] Powers and Duties of District Board. Sec. 1943. The district board shall make all contracts, pur- chases, payments and sales, necessary to carry out every vote of the district, for procuring any site for a school house, rent- ing, repairing or furnishing the same, and disposing thereof, or for keeping a school therein, and performing such other duties as may be delegated to them by the district meeting. [R. S. 1887, Sec, 3936.] Members of Board May Administer Oaths. Sec. 1944. The trustees of school districts are hereby severally authorized to administer oaths within their respec- tive counties in any and all matters pertaining to their re- spective districts and the business thereof, where an oath is or shall be required by law. [S. L. 1897, Ch. 4.] Authority of Board to Remove Scholars. Sec. 1945. The district board shall have power to admit scholars from adjoining districts, and remove scholars for disorderly conduct ; and when scholars are admitted from other districts the district board may, in their discretion require a tuition fee from such scholars. [R. S. 1887, Sec. 3937.] When Board to Advertise for Bids. Sec. 1946. Whenever any school house is to be built or any repairs, addition or improvement costing more than two hun- dred dollars, made to any school house or district property, the board of directors of the district shall advertise for bids for such work, and in all cases contract the same to the lowest responsible bidder. [R, S. 1887, Sec. 3938.] Settlement With Treasurer Report to District Meeting. Sec. 1947. They shall, from time to time, examine the books and accounts of the treasurer, and make settlement with him, and shall, at each regular meeting of the district, present to the same a full statement of the receipts and expenditures SCHOOL LAWS OF WYOMING. 35 of the district and such other matters as may be deemed im- portant. [R. S. 1887, Sec. 3939.] Visiting Committee. Sec. 1948. They shall appoint a committee from their own body to visit the respective schools of the district monthly, and to aid the teachers in establishing and enforcing rules for the government of schools, and see that the teachers keep a correct list of the pupils, the time which they attend school, the branches of learning which each is studying, and such other matters as may. in the opinion of the board, tend to promote the welfare pf the school. [R. S. 1887, Sec. 3940.] Auditing and Payment of Claims. Sec. 1949. They shall audit and allow all just claims against the district, and the directors shall draw an order for all demands thus audited, on the district treasurer. [R. S. 1887, Sec. 3941.] Special District Meetings Requisites of Notice. Sec. 1950. They shall, upon the written request of five legal voters of the district, or whenever they deem it expedient, call special meetings thereof; but in all such cases, the notice of such meeting shall clearly state the precise object for which it is called, and time and place at which it is to be held. [R. S. 1887, Sec. 3942.] Vacancy How Filled. Sec. 1951. In case a vacancy in any district school board shall be caused by the resignation, death or otherwise of any one of its members, such vacancy shall be filled by appoint- ment of the district board, and said appointee may legally hold such office until the next annual school election following said appointment, but no longer, and at the annual election said vacancy shall be filled in the same way and manner as authorized by law for the annual election of school trustees.' [S.'L. 1901, Ch. 58.] Bond of District Treasurer. Sec. 1952. The district treasurer shall give bonds to the district in such penalty and with such sureties as the board of the county commissioners shall direct and approve, con- ditioned for the faithful application of all money which may come into his hands by virtue of his office ; Provided, Said bonds shall not exceed one and one-quarter times the amount of all the school moneys handled by the treasurer in any one year. Said penalty may be increased from time to time as the interests of the district may require. The said bond, after being approved by the board of county commissioners, 36 SCHOOL LAWS OF WYOMING. shall be filed with the county treasurer, and it is hereby made unlawful for the county treasurer to pay over any sums of money out of the school fund to any district treasurer until such bond shall have been approved and filed as herein pro- vided, and in case of a breach in the conditions of said bond, suit shall be brought thereon by the board of county commis- sioners of the county in which the district is situated, for the benefit of said district. [R. S. 1887, Sec. 3945.] Establishment of High Schools. Sec. 1953. The county superintendent and district board of directors may determine whether a school of a higher grade shall be established in the district, the number of teachers to be employed, and the course of instruction to be pursued therein, until the meeting of the teachers' institute, provided for by law, at which time the institute shall determine the studies to be pursued in all schools of like grade in the state j and the superintendent of public instruction shall have the same power to carry into effect the determination of the in- stitute, as is provided in other cases ; and the board may erect, for the purpose, one or more permanent school houses, and shall cause such classification of the pupils as they may deem necessary; but in selecting the site for such school house or school houses the permanent interest and future welfare of the people of the entire district shall be consulted. [R. S. 1887, Sec. 3946.] Note This refers particularly to the district high school, and not to the high school as formed in accordance with S. L. 1905, Ch. 67. Separate School for Colored Children. Sec. 1954. When there are fifteen or more colored -child- ren within any school district, the board of directors thereof, with the approval of the county superintendent of schools, may provide a separate school for the instruction of such colored children. [R, S. 1887, Sec. 3947.] Employment and Payment of Teachers. Sec. 1955. The district board shall employ all teachers, necessary for the schools of the district, and pay them by draft on the treasurer. [R, S. 1887, Sec. 3948.] Free to All Children Compulsory Education. Sec. 1956. The public schools of each school district of the state shall at all times be equally free and accessible to all children resident therein over six and under the age of twenty-one years, subject to such regulations as the district board in each district may prescribe. Every parent, guardian SCHOOL LAWS OF WYOMING. 37 or other person in this state having control or charge of any child or children between the ages of seven and fourteen years, inclusive, shall be required to send such child or children to a public, private or parochial school, or to two or more of these schools, each school year, during the entire time that the pub- lic school shall be in session in the district in which the pupil resides. Provided, That exceptions may be made in the fol- lowing cases: (1) Invalids or others to whom the school room might be injurious, may upon receipt of a physician's certifi- cate be excused by the district board. (2) Pupils to whom the provisions of this act might work a hardship may be excused by the written consent of the district board when a request stating the reason for such excuse is presented by the parent or guardian to the district board. (3) Pupils who for legal reasons have been excluded from the regular schools and no provisions made for the schooling of such children. [S. L. 1 !><>!), Ch. 31, Sec. 1.] Truant Officer Duty. Sec. 1957. It shall be the duty of the sheriff of each county and of every deputy sheriff and constable within their respec- tive precincts and of any truant officer, if there be any, to see that the provisions of sections 1956, 1957 and 1958 are com- plied with, and when from personal knowledge, or upon reports or complaints of any resident or teacher of the county, or pre- cinct, or district under his supervision, he believes that any child subject to the provisions of said sections is habitually tardy or absent from school, he shall immediately give written notice to the parent, guardian or custodian of such child that the attendance of such child at school is required by law, and if within five days after such notice such parent, guardian or custodian does not comply with the provisions of this act, then such officer shall make and file complaint against such parent, guardian or custodian of any such child before a justice of the peace of the proper county, or the district court, for a violation of said provisions. Provided, That only one notice shall be required as to any child in any one year. Any such parent, guardian or custodian of any such child who shall violate the provisions of said sections, and after receiving such notice as aforesaid, and shall fail to comply with the provisions thereof, shall be adjudged guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than five dollars and not more than twenty-five dollars for any one offense, to which may be added in the discretion of the court, imprisonment in the county jail of not more than ninety days for any offense after the first. Any district board of a school district in which there is located a city or town of more than 2,500 inhabitants, may appoint a regular truant officer to carry out the pro- 38 SCHOOL LAWS OF WYOMING. visions of said sections, who shall be paid out of the district treasury such sum as shall be provided in the order for his appointment, not exceeding, however, the sum of four dollars for each day of actual service. [S. L. 1907, Ch. 93, Sec. 2.] Enumeration Delinquent Pupils. Sec. 1958. On the first day of school in each school dis- trict it shall be the duty of the clerk thereof to furnish to the sheriff or constable within the proper precinct, a list of the names of children of compulsory school age within the district who are enumerated on the regular enumeration lists. At the close of the first week of school in such district, it shall be the duty of each teacher therein to send to the county superintend- ent of schools a complete list of pupils attending his or her school, which list shall be immediately forwarded by said county superintendent to the proper sehriff, deputy sheriff, constable or truant officer, in order that the provision of this and the two preceding sections may be duly executed; and it shall be the further duty of the teacher, or principal, if there be any, when a pupil has been absent for three consecutive days, for which absence there has been, in the teacher's judg- ment, no good reason assigned, or when a pupil is habitually absent or tardy, to make written report to the truant officer of the district concerning such delinquency, and it shall then be the duty of said officer to proceed according to section 1957. [S. L. 1909, Ch. 31, Sec. 2.] Offenses Defined Penalty. Sec. 1959. Any person who shall use insulting and abusive language to and toward any teacher in or about any public school house, or who shall wilfully disturb any public school or district meeting, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not less than five dollars, and not exceeding one hundred dollars. Any person who shall wilfully break, cut, deface, despoil,, injure, damage or destroy any school property, or who shall cut, mark, write or otherwise place or put on, or cause to be placed or put upon, any school property, any language or pictures or figures or signs of an obscene character, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall pay a fine of not less than five dollars, nor more than one hundred dollars. The said fines shall be paid into- the treasury of the school district in which the offense was committed. [S. L. 1888, Ch. 72, Sub-Div. 2, Sees. 1-2.] School Week and Month Defined. Sec. 1960. Five days shall constitute a school week, and twenty days a school month ; and it shall be understood that school is not to be kept in operation on Saturdays or any holi- SCHOOL LAWS OF WYOMING. 39 day, but if a holiday fall upon a day which would otherwise be a school day, it shall be counted as though taught. [S. L. 1909, Ch. 159.] School Officers Shall Not be Agents for School Supplies- Penalty. Sec. 1961. Neither the state superintendent, or any per- son in his office, nor any county superintendent, nor school district officer, nor any officer or teacher connected with any public school, shall act as agent or solicitor for the sale of any school books, maps, charts, school library books, school fur- niture, apparatus or stationery, or furnish any assistance to, or receive any reward therefor, from any author, publisher, bookseller or dealer-, doing the same. Every person violating this section shall forfeit not less than fifty nor more than two hundred dollars for each offense, and be liable to removal from office therefor. [S. L. 1888, Ch. 72, Sub-Div. 3, Sec. 2.] State Treasurer Shall Keep School Fund. Sec. 1962. The state treasurer shall keep a separate fund to be known as the ' ' school fund, ' ' and all moneys appropri- ated for school purposes shall be kept in such fund. [S. L. 1888, Ch. 72, Sub-Div. 3, Sec. 3.] Physiology and Hygiene Shall Be Taught. Sec. 1963. Physiology and hygiene, which shall include in each division of the subject special reference to the effects of alcohol and narcotics upon the human system, shall be included in the branches taught in the common schools of the state, and shall be introduced and taught, either orally or by text-books, in all departments of the public schools above the second primary grade, and in all educational institutions sup- ported wholly or in part by the state. [R, S. 1887, Sec. 3969.] Failure to Comply With Last Section Penalty. Sec. 1964. It shall be the duty of the several county and city superintendents of schools in the state, and of the secretary of the board of directors of all other educational in- stitutions receiving aid from the state, to report to the state superintendent of public instruction any failure or neglect on the part of the board of trustees of any school district, or the board of directors of any educational institution receiving aid from the state, to make proper provision for the teaching of the branches mentioned in the last preceding section in any or all of the schools or other educational institutions un- der their charge, or over which they have jurisdiction, and such failure on the part of the above mentioned officers, so reported and satisfactorily proved, shall be deemed sufficient 4 SCHOOL LAWS OF WYOMING. cause for withholding the warrant for the district appropria- tion of school money to which such school district or edu- cational institution would otherwise be entitled. [R. S. 1887, Sec. 3970.] Discrimination on Account of Sex or Religious Belief Pro- hibited. Sec. 1965. In the employment of teachers in the public schools in this state, no discrimination shall be made in the question of pay on account of sex, nor on account of the re- ligious belief of the applicant for the position of teacher, when the persons are equally qualified, and the labor is the same. [S. L. 1890-91, Ch. 21.] Examinations Required. Sec. 1966. No certificate shall be granted hereafter to any person to teach in the schools of Wyoming, who shall not pass a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. [R. S. 1887, Sec. 3972.] Note This is interpreted not to apply to those who have shown that efficiency to render them eligible to secure cer- tificates without examination. Teacher's Report. Sec. 1967. It shall be the duty of the teacher of every district school, or graded school, to make out and file with the district clerk, at the expiration of each term of the school, a full report of the whole number of scholars admitted to the school during such term, distinguishing between male and female, the names of such scholars, the number of days each scholar attended the same, the aggregate number of days of attendance of said schools, the text-books used, the branches taught and the number of pupils engaged in the study of each of said branches. Any teacher who shall neglect or refuse to comply with the requirements of this section, shall forfeit his or her wages for teaching such school, at the discretion of the district board. [R. S. 1887, Sec. 3973.] . Refusal to Deliver Records to Successor Penalty. Sec. 1968. Every school district clerk, or treasurer, who shall neglect or refuse to deliver to their successors in office, all records and books, belonging severally to their offices, shall be subject to a fine not exceeding five hundred dollars. [R. S. 1887, Sec. 3974.] Employment of Counsel. Sec. 1969. In all cases where suits may be instituted by, or against, any of the school officers contemplated or created SCHOOL LAWS OF WYOMING. 41 by law, to enforce any of the provisions herein contained, counsel may be employed, if necessary, by the officer insti- tuting the suit, and the expense of the suit shall be borne by the district, county or state in whose name, or against whom, the same may be instituted. [R. S. 1887, Sec. 3975.] Collection and Disposition of Fines. Sec. 1970. All fines, penalties and forfeitures provided by the school laws may be recovered by action in the name of tin- people of the state of Wyoming, for the use of the proper school district or county, and when they accrue, belong to the respective districts or counties in which the same may be ac- crued ; and the treasurer of such districts, and the county commissioners of such counties are hereby authorized to re- ceive and apply the proceeds of such forfeitures as the interest of the permanent fund is now, or may hereafter be, applied. [R. S. 1887, Sec. 3976.1 Officer Failing to Pay Over Money Penalty. Sec. 1971. Any officer or person collecting or receiving any fines, forfeitures or other moneys and refusing and fail- ing to pay over the same as required by law, shall forfeit double the amount so withheld, and interest thereon at the rate of five per cent, per month during the time of so withholding the same. [R. S. 1887, Sec. 3977.] Effect of Change in County Boundaries on School Districts. See. 1972. If by any act of the state legislature changing the boundary line or lines of any county or counties, or form- ing new counties from counties already formed, any legally organized school district is or has been separated from the county to which it then belonged and is or has been joined to another county, the members of the school board of such school district so separated from one county and joined to another county, shall hold their respective offices until the next annual school election following said change in county boundaries; and until such annual school election said school board may draw the public school funds for paying teachers, or other necessary legal school expenses from the school treas- ury of the county to which said school district formerly be- longed, and in the same way and manner as said board would have drawn and expended said public moneys had no change in county boundaries been made. [R. S. 1887, Sec. 3978.] State Treasurer Authorized to Receive Donations for Schools. Sec. 1973. Whenever the state of Wyoming shall be en- titled to receive any moneys or funds from the United States of America, or from any other source or authority, to be ex- pended for the benefit of the public schools of the state, or 42 SCHOOL LAWS OF WYOMING. held or in any manner applied for their benefit, the state treas- urer is hereby authorized to receive and receipt for such moneys or funds, and to make such application and use of the same as may be required by law. Should such moneys or funds be donated to the state, and should the act of donation require such moneys or funds to be applied or held, or used in a par- ticular manner, they shall be so applied. [R. S. 1887, Sec. 3981.] Liability of Treasurer for School Money. Sec. 1974. The state treasurer shall faithfully account for all moneys or funds received pursuant to the foregoing section, and he and his sureties upon his official bond shall be liable for any failure to so account for such moneys or funds. [R. S. 1887, Sec. 3982.] School Board May Establish Manual Training Schools. Sec. 1975. The school board of any district in the state shall have power to establish and locate industrial and manual training schools, in connection with the public schools of said district. [S. L. 1895, Ch. 88.] Humane Treatment of Animals Taught. Sec. 1976. There shall be taught in the public schools of Wyoming, in addition to the other branches of study now prescribed, a system of humane treatment of animals, as em- bodied in the laws of Wyoming; such instruction to consist of not less than two lessons of ten minutes each per week. The principal or teacher of every school shall certify in his or her reports that such instruction has been given in the school under his or her control. [S. L. 1901, Ch. 8.] DISTRICT OFFICERS AND THEIR DUTIES. Director to Preside at Meetings and Countersign Orders. Sec. 1977. . The director, when present, shall preside at all meetings of the board of the district, and countersign all orders on the treasury for the payment of money. [R. S. 1887,. Sec. 3951.] How Drafts and Orders Drawn. Sec. 1978. All drafts and orders drawn on the district treasurer, as required in the foregoing section, shall specify the funds on which they are drawn, and the use for which the money is designated, and shall be signed by the district clerk. [R, S. 1887, Sec. 3952.] SCHOOL LAWS OF WYOMING. 43 By Whom District to Appear in Actions. Sec. 1979. The director shall appear in behalf of his dis- trict in all suits brought by or against the same ; but when he is individually a party, this duty shall be performed by the clerk. [R. S. 1887, Sec. 3953. [ Duties of Clerk. Sec. 1980. The clerk shall record all the proceedings of the board and of the district meetings in books to be kept for that purpose, and report in writing to the county superin- tendent of schools the name of the director and treasurer im- mediately after they are chosen or elected, and he shall pre- serve copies of all reports made to the county superintendent, and shall file all papers transmitted to him, by school officers or other persons, pertaining to the business of the district, and shall sign all drafts, warrants and orders drawn by him. [S. L. 1890, Ch. 77, Sec. 4.] Clerk to Certify Debt Limit. Sec. 1981 . The clerk of each school district of each county shall endorse a certificate upon every bond or evidence of debt issued pursuant to law, that the same is within the lawful debt limit of such school district, and is issued according to. law. He shall sign such certificate in his official character. [S. L. 1890-91, Ch. 43, Sec. 2.] Clerks Shall Keep Accounts. Sec. 1982. The district clerk shall keep an accurate ac- count of all the expenses incurred by the district, and shall present the same to the district board, to be audited and paid as herein provided, out of the school fund. [R. S. 1887, Sec. 3955.] Notice of District Meetings. Sec. 1983. The district clerk shall give ten days previous notice of all regular and special meetings of the district, herein authorized, by posting up a written notice in three dif- ferent places therein, and shall furnish a copy of the same to the teachers of each school in the district, to be read once in the presence of the pupils thereof. [R. S. 1887, Sec. 3956.] Duty District Clerk. Sec. 1984. The district clerk sh'all immediately after the annual school meeting and not later than the fourth Monday in May in each year, submit a report to the county superin- tendent for the past year ending April 30th next preceding. 1. Of the number of schools taught in such district, the number of days each scholar attended the same, and the ag- gregate number of days of attendance of said school respec- 44 SCHOOL LAWS OF WYOMING. tively, as certified by the teachers of the several schools of such district. 2. The number of schools and the branches taught in each. 3. The number of pupils in each school, and of each sex. 4. The number of teachers employed in each school and the average compensation of each per month. 5. The number of days the school has been taught, and by whom. 6. The average cost of tuition for a pupil, per month, in each school. 7. Books used in each school. 8. The number of volumes in the library of each school. 9. The aggregate amount paid teachers during the year, the source from which the same was received, and the amount of teachers' fund in the hands of the treasurer. 10. The number of district school houses and the cost of each. 11. The amount raised in the district by tax for the erection of school houses, and for other purposes authorized by law, and such other information as he may deem use- ful. [S. L. 1907, Ch. 15, Sec. 2.] Failure to Make Report Penalty. Sec. 1985. Should the clerk fail to file his report, as above directed, he shall forfeit the sum of twenty-five dollars, and shall be liable to make good all loss resulting to the district from such failure, suit to be brought in both cases by the di- rector, in the name of the district, on his official bond. [R. S. 1887, Sec. 3958.] Note Local authorities may, at their discretion, require this bond. Duties of the Treasurer Publication of Report. Sec. 1986. The treasurer shall have the custody of all moneys belonging to the district, and shall pay out the same upon the order of the clerk, countersigned by the director ; and shall keep an account of the receipts and expenditures thereof, in a book provided for that purpose. He shall cause to be pub- lished in some newspaper of general circulation in the county wherein such school -district is situate, on the first week of July in each year, a full and true report of the receipts and disbursements of said district for the year next preceding such report. [R. S. 1887, Sec. 3959.] Teachers' Fund. Sec. 1987. The moneys for the payment of teachers shall be called the "teachers' fund," and the treasurer shall keep SCHOOL LAWS OF WYOMING. .45 distinct and separate accounts with them; and no warrant for money shall be paid by the treasurer which does not specify the fund on which it is drawn, and the specific use to which it is to be applied. [R. S. 1887, Sec. 3960.] School House Fund. Sec. 1988. The school house fund shall consist only of taxes collected in the district ; and all other school moneys belonging to the district shall go to the teachers' fund, and shall be applied to no other use except to pay the wages of school teachers in the district. [R, S. 1887, Sec. 3961.] Treasurer to Receive District Money. Sec. 1989. The district treasurer shall apply for, and re- ceive all money apportioned to the district, by the county superintendent, when notified of said apportionment. [R. S. 1887, Sec. 3962.] Treasurer to Render Statement on Request. Sec. 1990. The district treasurer shall render a statement of the finances of the district as shown by the records of his office, at any time when required by the district board. [R. S. 1887, Sec. 3963.] Flag to Be Displayed on School House. Sec. 1991. It shall be the duty of the trustees, at the ex- pense of such district, in each school district in the state of Wyoming, to cause the American flag to be placed in a proper and suitable manner upon each school house, flag staff or tower, in such respective school districts in the state of Wyo- ming. And they shall cause said flag to be hoisted upon each of said school house or school houses, flag staff or tower, in such respective districts, during the time when school shall be in session. [S. L. 1903, Ch. 83, Sec. 1.] Annual Enumeration Children. Sec. 1992. It shall be the duty of the board of trustees of each school district in this state to cause to be made during the month of April in each year a full and true enumeration of all children of school age, to-wit : those between the ages of six and twenty-one years, in their respective districts. Such enumeration shall be in duplicate and in such form as may be prescribed by the state superintendent of public in- struction, and shall set forth and state the name, age, sex and residence of each child enumerated, and the same shall bear a certificate signed by all or a majority of the trustees of such school district to the effect that it has been examined by the board of trustees of such district and found to be ac- cording to the best judgment and belief of the subscribers a 46 . SCHOOL LAWS OF WYOMING. full, true and correct enumeration of ail the children of school age in their district. One of the duplicate copies of said enu- meration shall be filed by the clerk of the school district with the other papers and records' of the district in his custody and the other shall by said clerk be transmitted to the county su- perintendent of schools of his county on or before the fourth Monday of May in each year. [S. L. 1909, Ch. 41, Sec. 1.] Employ an Enumerator. Sec. 1993. The board of trustees of each district shall, if in its judgment it is necessary so to do, have power to em- ploy a suitable person or persons for such time as may be actually necessary to make such enumeration for such district and return the same to the said board such person so em- ployed shall before commencing the making of such enumera- tion take, subscribe and file with the district clerk an oath in writing to the effect that he will faithfully, diligently, truly and to the best of his skill and ability perform his duty as such enumerator. [S. L. 1903, Ch. 91, Sec. 2.] False Enumeration Penalty. Sec. 1994. Any trustee of any school district or any enu- merator employed to make or assist in making the enumera- tion for any district who shall knowingly and wilfully make any false enumeration of the children of school age in such district or who shall certify to the correctness. and truthfulness of any such enumeration knowing the same to be false, in- correct and untrue, shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than ten dollars nor more than one hundred dollars or be imprisoned in the county jail not less than ten days nor more than thirty days, or by both such fine and imprisonment, at the discretion of the court. [S. L. 1903, Ch. 91, Sec. 3.] Failure to Enumerate Penalty. Sec. 1995. In the event that the board of trustees of any school district should fail, neglect or refuse to make or cause to be made such enumerations as hereinbefore provided for in the event that the clerk of any district shall fail, neglect or refuse to transmit to the county superintendent of schools on or before the fourth Monday in May of each year the dupli- cate copy of the enumeration of his district as hereinbefore provided, then and in either of such cases it is hereby made the duty of the county superintendent of schools to cause such enumeration to be made on or before the third Monday in June following at the expense of the school, district, and to that end the said superintendent shall have all the power hereinbefore conferred upon the board of trustees for that SCHOOL LAWS OF WYOMING. 47 purpose, and for the purpose of paying the expense of such enumeration the said superintendent is hereby authorized and directed to issue to the person making such enumeration an order upon such school district for the amount due such per- son and upon presentation -of such order it shall be the duty of the director and clerk of such district to issue a warrant upon the treasurer of the district for such amount. Provided, however, That in the event that such enumeration shall be made because of the failure, neglect or refusal of the clerk of the district to transmit a duplicate copy of an enumeration which had been made, then and in such case the said clerk shall be liable to his school district for the cost and expense of the enumeration made by the county superintendent, and the said district may, by an action at law recover of and from such defaulting clerk the cost thereof, together with costs and attorney's fees. Provided, further, That if such enumera- tion by the county superintendent be rendered necessary be- cause of the neglect or failure or default of any members of ihe boa I'd of trustees in the performance of the duties by this or the three preceding sections enjoined upon them, then and in such case such defaulting members shall be jointly and severally liable to the school district for such cost and expense; and. the same, together with costs and attorney's fees, may be recovered by the district in an action at law from such de- faulting members of the board. [S. L. 1909, Ch. 41, Sec. 2.] County Superintendents Duty Report. Sec. 1996. It shall be the duty of the county superin- tendent of schools to compile the said reports of the enu- meration of children of school age in the several school dis- tricts of his county reported to him as hereinbefore provided and therefrom to ascertain and determine the number of chil- dren of school age in his county, and at the time of making his annual report to the state superintendent of public in- struction he shall include in such report a statement of the number of children of school age in his county as shown by such enumeration. [S..L. 1903, Ch. 91, Sec. 5.] Distribution of State School Funds. Sec. 1997. It shall be the duty of the county superin- tendent of schools in distributing to the several school districts of his county the funds or moneys apportioned and distri- br^ed to his county for school purposes by the state superin- tendent of public instruction, and the balance of the moneys raised by the general school tax remaining after the setting aside of one hundred and fifty dollars to each school district in his county entitled thereto as now provided by law, to ap- portion the same to each school district in his county pro rata 48 SCHOOL LAWS OF WYOMING. according to the number of children of school age in such dis- trict as set forth and shown by the enumeration thereof here- inbefore provided for; Provided, however, That no portion of the funds apportioned to any county by the state superin- tendent of public instruction for school purposes shall be apportioned by the county superintendent of schools to any district for the year in which a school has not been maintained for at least three months. [S. L 1903, Ch. 91, Sec. 6.] PUBLIC KINDERGARTEN. Power of Trustees to Establish Kindergarten. Sec. 1998. The board of trustees of any school district in this state shall have power to establish and maintain free kindergarten schools in connection with the public schools of their district, for the instruction of children residing in such district and between the ages of four and six years, and shall establish such courses of training, study and discipline and such rules and regulations for the government of such kindergarten schools as said board may deem advisable ; Pro- vided, That the cost of establishing and maintaining such kin- dergarten schools shall be paid from the special school fund of said school district, and the gross sum to be so expended by-the said board for such kindergarten schools shall be annually fixed and determined by the qualified electors of such district at the annual meeting of such electors. [S. L. 1895, Ch. 50, Sec. 1.] Shall Be Part of School System Teachers. Sec. 1999. The said kindergarten schools shall be a part of the public school system and governed as far as practicable in the same manner and by the same officers as is now, or here- after may be provided by law, for the government of the pub- lic schools of this state; Provided, however, That teachers of the kindergarten schools shall be the holders of certificates or diplomas from some reputable institution for the training of kindergarten teachers, and shall pass such other examination and possess such other qualifications as may be required by the board of trustees of the district employing them. [S. L. 1895, Ch. 50, Sec. 1.] Law Not Changed in Reference to Apportionment. Sec. 2000. Nothing in this chapter shall be so construed as to, in any manner, change the law, as it now exists, with ref- erence to the taking of the census of the school population, or the apportionment of the state and county school funds among the several counties and districts in this state. [S. L.. 1895, Ch. 50, Sec. 1.] SCHOOL LAWS OF WYOMING. . 49 How Carried Into Effect. Sec. 2001. That for the purpose of carrying into effect the provisions of this chapter, it shall be lawful for the quali- fied electors of any school district in the state at the annual meeting held under the provisions of existing law, to vote such sum of money as may be necessary to establish and main- tain such kindergarten schools, during the school year next following such meeting, such sum in the aggregate not to exceed one mill upon the dollar of the valuation of the prop- erty in the district, as determined by the next preceding an- nual assessment thereof for the purposes of taxation, the same to he certified, levied, collected and disbursed in the same man- ner as is now provided by law with respect to the special school funds of the several school districts in this state. [S. L. 1895, Hi. :>(). Sec. 2.] FREE TEXT BOOKS. Text Books in Public Schools. Sec. 2002. The board of school directors in city or county are hereby empowered, and it is made their duty, to purchase rill text-books necessary for the schools of such city, town or district ; and they are further authorized to enter into con- tract, as hereinafter provided, with the publishers of such books for a period of years, not to exceed five ; Provided, That the contract prices of such books shall not exceed the lowest price then granted to any dealer, state, county, township, school district, or other individual or corporation in the United States, to be determined as hereinafter provided ; and Pro- vided, further, That such contract shall guarantee to such district any further reduction that may be granted elsewhere during the life of such contract. Said boards are hereby em- powered to purchase, as a book of reference for use in their schools, the History of Wyoming, in three volumes, of which C. G. Coutant is the author, and l ' The Sabbath as an American War Day," in one volume, of which W. P. Carroll is the author ; Provided, That the price paid for the said work shall not ex- ceed the price paid therefor by subscribers generally. Pro- vided, That no school trustee or officer of the district shall be interested in any way directly or indirectly in the sale of school supplies in the district in which he is a director. [S. L. 1901, Ch. 38.] Publishers Must File Bond. Sec. 2003. Before any publisher of school books shall be permitted to enter into contract with any school district under the provisions of this chapter, he shall file with the state superintendent of public instruction, to be approved by him, 50 SCHOOL LAWS OF WYOMING. a good and sufficient bond in the sum of two thousand to twenty thousand dollars, which amount shall be fixed by the state superintendent of public instruction, for the faithful per- formance of the conditions of such contracts, and the observ- ance of the requirements of this chapter, and such publisher shall also file with the state superintendent of public instruc- tion, a sworn statement of the lowest prices for which his series of text-books are sold anywhere in the United States ; and a failure to file such bond and sworn statement of prices shall be a good and valid defense on the part of the district against payment for any books that may be sold by such pub- lisher prior to the date of filing such bond and sworn state- ment of prices ; and all such contracts to which such publisher is a party made prior to filing such bond and sworn statement of prices, shall be null and void. [S. L. 1899, Ch. 29, Sec. 2.] Books Paid for from Public School Land Income Fund. Sec. 2004. . The books to be purchased under the pro- visions of this chapter shall be paid for by the directors of the different school districts of the state, out of the public school land income fund, when the same shall be distributed to such districts annually. [S. L. 1899, Ch. 29, Sec. 11.] Books Paid for by Order on District Treasurer. Sec. 2005. For the purpose of paying for school books, the school district officers may draw an order on the district treasurer for the amount of school books ordered. [S. L. 1899, Ch. 29, Sec. 3.] Orders From What Funds Paid. Sec. 2006. The district treasurer shall pay orders drawn by school district officers for the purpose of school books out of any funds in his hands belonging to the district, except the money belonging to the teachers' fiind. [S. L. 1899, Ch. 29, Sec. 4.J Publisher Becoming Member of Trust Nullifies Contract. Sec. 2007. Any contract entered into under the provi- sions of this chapter with any publisher who shall hereafter be- come a party to any combination or trust for the purpose of raising the price of school text-books shall, at the wish of the school board of the district using such books, become null and void. [S. L. 1899, Ch. 29, Sec. 5.] Duty Superintendent of Public Instruction. Sec. 2008. The state superintendent of public instruction shall, within thirty days after the filing of the hereinbefore mentioned sworn statement of prices of text-books, have the same printed and forward a sufficient number of certified copies of the same to each of the county superintendents of the state SCHOOL L-\\vs OF WYOMINC,. to furnish all the school districts of such county with one copy each; and the county superintendent shall immediately after receiving said certified copies of prices of books send or de- liver one of such certified copies to the director or secretary of each school district or board of education in such county, to be filed as a part of the records of such district ; and he shall also file one of said certified copies of prices in his office as a part of the records of said office. [S. L. 1899, Ch. 29, Sec. 6.] Superintendent Must Furnish Form of Contract. Sec. 2009. It shall be the duty of the state superintendent of public instruction to prepare and have printed a form of con- tract between district boards and publishers of school books and to furnish the same through the county superintendent to the several district boards of the state ; and no other form of contract shall be used by such district boards and publishers. [S. L. 1899, Ch. 29, Sec. 7.] Attorney General Must Investigate Violation of Contracts. Sec. 2010. Upon the filing of a written complaint with the state superintendent of public instruction by the officers of any district board, charging any publisher with violating the provisions of such contract as hereinbefore mentioned, the attorney general is hereby instructed, and it shall be his duty, to investigate the same, and if he finds probable cause for action, he shall immediately begin proceedings in the name of the state to enforce the liability on the bond hereinbefore men- tioned. [S. L. 1899, Ch. 29, Sec. 8.] Books Property of District. Sec. 2011. All books purchased by district boards, as here- inbefore mentioned, shall be held as the property of the dis- trict and loaned to pupils of the school while pursuing a course of study therein, free of charge; but the district boards shall hold such pupils responsible for any damage to, loss of, -or failure to return such books at the time and to the person that may be designated by the board of such district. [S. L. 1899, Ch. 29, Sec. 9.] Pupils May Purchase Books. Sec. 2012. The provisions of this chapter shall include all school supplies; Provided, That nothing in this chapter shall be construed to prohibit any pupil or parent from purchasing from the board such books as may be necessary, at cost to the district; Provided, further, That the board may designate some local dealer to handle books for the district with such an increase above contract price to pay cost of transportation and handling, as may be agreed upon between said board and said dealer. [S. L. 1899, Ch. 29, Sec. 10.] 52 SCHOOL LAWS OF WYOMING. TEACHERS. Board of Examiners. Sec. 2013. There shall be established in the state of Wyo- ming a state board of examiners, which shall be composed of three members, who shall be selected and appointed by the state superintendent of public instruction from the principals of the high schools, city and county superintendents and the faculty of the state university in the state. The board shall receive $5.00 a day while actually engaged in the performance of duty and also their actual traveling expenses in attend- ing meetings. It shall be the duty of said board to meet at least annually in the office of the state superintendent of public instruction at the state house and adopt rules and regulations for the granting of certificates to teachers, to prepare examina- tion questions, which shall be sent to the county superintend- ents of the several counties, where examinations shall be held at least twice a year ; to receive all papers written by applicants for certificates in the various counties and mark such papers, and to return within tw T o weeks to the county superintendent from whose county the papers were received, the result of such examinations and when the result warrants, to recommend to the state superintendent of public instruction, that he issue to the applicant a certificate of the proper grade ; to keep on file for one year in the office of the state superintendent of public instruction at the state house all examination papers and all other papers pertaining to the work of the board, which shall be open at all times to the inspection of the public ; to recom- mend to the state superintendent of public instruction the is- suing of five regular classes of certificates as follows, to be determined by the qualifications of the applicants in each case : Third Class. The applicant shall pass an examination in the following subjects: Orthography, reading, penmanship, arithmetic, English grammar, geography, United States his- tory, civil government of the United States and Wyoming, physiology and hygiene, securing an average of not less than 70 per cent and not falling below 50 per cent in any one branch. Second Class. The applicant shall pass an examination in all of the subjects required for the third class certificates with the following additional subjects: Rhetoric and compo- sition, theory and practice of teaching, securing an average grade of not less than 80 per cent and not falling below 60 per cent in any one branch. First Class. The applicant shall pass an examination in all of the subjects required for the second class certificate with the following additional subjects : Elementary algebra, English and American literature, elementary psychology, physical ge- ography, and any two or more of the following subjects : Plane SCHOOL LAWS OF WYOMING. 53 geometry, botany, zoology, chemistry, general history, Latin, German, political economy, bookkeeping, shorthand, securing an average of not less than 80 per cent and not falling below 60 per cent in any one branch. An applicant for this class of cer- tificate must have had not less than one school year of suc- cessful experience in teaching. Professional Second Class. The applicant shall pass an examination in the same subjects as those required for the first class certificate with at least two additional electives and the following subjects in addition thereto : School management, pedagogy, methods and history of education, and secure the same average and minimum grades as those required for first class certificates. Applicants for this certificate must have had not less than two years of successful experience in teaching. Professional First Class. The applicant at the time of his application must have had not less than three years of suc- cessful experience in teaching and must have previously been granted a professional second class certificate and pass an, examination upon the subjects of advanced psychology and school supervision. [S. L. 1909, Ch. 33, Sec. 1.] Recommend Issuance of Certificates. Sec. 2014. The state board of examiners shall upon ap- plication recommend to the state superintendent of public in- struction the issuance of certificates of any of the classes named in section 2013 to the following persons without ex- amination : Third Class. Graduates of the preparatory school of the University of Wyoming and of high schools in the state of Wyoming whose diplomas represent the completion of a regu- lar four years' course of study above the eighth grade. Second Class. Graduates of the preparatory school of the University of Wyoming and of high schools in the state of Wyoming whose diplomas represent the completion of a regu- lar four years' course of study above the eighth grade, who in addition thereto have successfully pursued a course of study in the state normal school of the University of Wyoming for a period of not less than eighteen weeks. First Class. Graduates of the preparatory school of the University of Wyoming and of high schools in the state of Wyoming whose diplomas represent the completion of a regu- lar four years' course of study above the eighth grade, who in addition thereto have successfully pursued a course of study in the state normal school of the University of Wyoming for a period of not less than one year, and must have had not less than one year of successful experience in teaching. 54 SCHOOL LAWS OF WYOMING. Professional Second Class. Graduates of the state nor- mal school of the University of Wyoming who have had at least one year of successful teaching. Professional First Class. Graduates of the college of lib- eral arts of the University of Wyoming who have elected their major subject in their course of study at the university in the departments of psychology and pedagogy, said major being equal to at least one-fifth of the entire course of study pur- sued, or who pass a satisfactory examination upon the pro- fessional subjects required for a professional second class certificate and who have had at least two years of successful experience in teaching. Provided, That no certificates of any class shall be renewed without examinations except as here- inafter provided by this chapter. [S. L. 1909, Ch. 33, Sec. 2.] Classes of Certificates. 'Sec. 2015. The various classes of certificates named in Section 2014 shall be valid in the entire state of Wyoming for the following periods : Third class, one year ; second class, two years ; first class, four years; professional second class and professional first class for life. Provided, That no certificate shall be granted to any person under seventeen years of age and that any certifi- cate of any class upon recommendation of the state board of examiners may be revoked by the state superintendent of pub- lic instruction for gross inefficiency or immoral character. [S. L. 1909, Ch. 33, Sec. 3.] Grades. Sec. 2016. The various classes of certificates named in Section 2014 shall be valid to teach in the schools of Wyo- ming as follows: Third and second class certificates in the common schools from the kindergarten to the eighth grade, inclusive ; first class certificates in the common schools from the kindergarten to the eighth grade, inclusive, and for assistants in high schools in subjects covered by the examinations and for principals and superintendents of schools having no high school grades ; professional second class certificates in any pub- lic school and for principals and superintendents of schools having not more than a two year high school course ; profes- sional first class certificates in any public school and for prin- cipals and superintendents of schools of any grade. Provided, That persons now holding positions in this state as principals and superintendents of schools having high schools of any grade may continue to teach and supervise in positions of the same class upon any certificate of as high grade as that now held by the said person until July 1st, 1911. [S. L. 1909, Ch. 33, Sec. 4.] SCHOOL LAWS OF WYOMING. 55 Special Certificates. Sec. 2017. The state superintendent of public instruc- tion upon the recommendation of the state board of examiners shall issue the following special certificates : A Temporary Certificate. An applicant for this class of certificate must have been engaged to teach a school in the state and present a request to the state board of examiners for this class of certificate from a member of the school board engaging her services, endorsed by the county superintendent of the county in which the applicant has been engaged to teach. Provided, That a good and sufficient reason must be presented showing why such temporary certificate should be granted and that this class of certificate is good only until the next regular examination. Diploma Certificate. This certificate shall be granted to graduates of the state normal school and of the college of liberal arts of the University of Wyoming for the period named in Section 2014 necessary to gain the experiences required for any life certificate. Special Primary Certificate. This certificate shall be granted for four years upon the following qualifications and shall be valid to teach in primary and kindergarten grades, the applicant must have held previously two certificates of as high a class as the second class and must have had not less than four years' successful experience in teaching and shall pass an examination upon primary and kindergarten methods, elementary psychology, methods and school management, mak- ing an average of not less than 75 per cent and not falling below 60 per cent in any one branch. Special Technical Certificate. This certificate shall be valid for four years to teach special technical subjects.