LIBRARY 
 
 OF THE 
 
 UNIVERSITY OF CALIFORNIA 
 
 GIFT OF 
 
 Received , 190 
 
 Accession No. _ .82738 Class No. ^* 
 
 ! *.. 
 
SCHOOL LAWS OF IOWA 
 
 FROM THE CODE OF 1873, 
 
 AS AMENDED BY THE FIFTEENTH, SIXTEENTH, SEVENTEENTH, EIGHT- 
 EENTH, NINETEENTH, TWENTIETH, TWENTY-FIRST, TWENTY- 
 SECOND, TWENTY-THIRD AND TWENTY-FOURTH 
 GENERAL ASSEMBLIES, 
 
 HOTES AHD FORMS 
 
 FOR 
 
 THE USE AND GOVERNMENT OF SCHOOL OFFICERS. 
 
 1SS2. 
 
 J. B. KNOEPFLER, 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 .CALIFQJ2 
 
 DES MOINES: 
 
 GEO. H. KAGSDALE, STATE PRINTER, 
 1892. 
 
LP 
 
 When any school officer is superseded by Election or otherwise, he 
 shall immediately deliver tn his successor in office, all banks, papers, 
 and moneys pertaining to his office, taking a receipt therefor; and every 
 such officer who shall refuse to do so, or who shall willfully mutilate 
 or destroy any such books or papers, or any part thereof, or shall mis- 
 apply 'any moneys entrusted to him by virtue of his office, shall be 
 liable to the provisions of the general statutes for the punishment nf 
 such offense, SECTION 1791, COLE, 
 
PREFACE. 
 
 This edition is prepared and sent out in compliance with section 1579 
 of the Code, as amended. The text contains all the enactments now in 
 force referring directly to school matters. 
 
 It is the intention of the law that every member of the board shall 
 have a copy of the school law for his official use and to transmit to his 
 successor in office. 
 
 A little change has been made in the arrangement of the laws. Enact- 
 ments of the general assembly since the Code of 1873, are published in 
 close relation to those sections with which they have a logical connection, 
 instead of following chronologically as heretofore. It is believed this 
 will save confusion, and be a convenience to all having occasion to con- 
 sult the school laws. 
 
 The explanatory notes have been carefully revised, and also extended 
 in number, so as to include a larger variety of different particulars. 
 When it is remembered that these notes must of necessity be greatly 
 condensed in order to make room for so many, the reason for their 
 brevity in some cases will be understood. While these opinions reflect 
 the gathered experience of many years, it must not be presumed that 
 the conclusions stated are to be received as having in any proper sense 
 the force of law, except when based upon decisions of courts or opin- 
 ions from the attorney-general, which is oftener the case than can well be 
 mentioned in connection with each note. 
 
 Reference is frequently made to decisions by. our supreme court. The 
 Iowa reports may be consulted at the court house in each county seat. 
 A mention of School Law Decisions means the decisions in appeal cases, 
 of which one copy is supplied to the secretary of every board, in order 
 that each district may have the use of a copy at all times. 
 
 To prevent confusion and to promote uniformity it is advisable that 
 all former laws be laid aside, and that this edition of 1892 be the only 
 
 82738 
 
4 PREFACE. 
 
 one referred to, as it contains the law by which all school officers should 
 now be governed. 
 
 We believe a careful study of this volume, so as to become more and 
 more familiar with its contents, will prove a great advantage to any one 
 whose duty it is to assist in carrying into effect the provisions of the 
 school law. 
 
 It is but simple justice to state that the work of arranging and revising 
 the notes, and editing both the laws and the decisions, has been almost 
 wholly the personal duty of Mr. Ira C. Kling. His experience of more than 
 nine years in all as deputy in this office, peculiarly fits him for this duty, 
 and his well-known painstaking care is the best guarantee we can offer 
 that the work has been thoroughly and conscientiously done. In the 
 proof reading he has had the loyal^and careful assistance of Miss Kate 
 M. Jones, clerk in the office. 
 
 J. B. KNOEPFLER, 
 Superintendent of Public Instruction. 
 
 Des Moines, Iowa, July 1, 1892. 
 
SCHOOL LAWS OF IOWA. 
 
 FROM THE CODE AS AMENDED BY THE FIFTEENTH, SIXTEENTH, 
 SEVENTEENTH, EIGHTEENTH, NINETEENTH, TWENTIETH, TWENTY- 
 FIRST, TWENTY-SECOND, TWENTY-THIRD AND TWENTY-FOURTH 
 GENERAL ASSEMBLIES. 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 SECTION 1577. The superintendent of public instruction shall be 
 charged with the general supervision of all the county superintendents 
 and all the common schools of the state. He may meet county superin- 
 tendents in convention at such points in the state as he may deem most 
 .suitable for the purpose, aiid by explanation and discussion endeavor to 
 secure a more uniform and efficient administration of the school laws. 
 He shall attend teachers' institutes in the several counties of the state as 
 far as may be consistent with the discharge of other duties imposed by 
 law, and assist by lecture or otherwise in their instruction and manage- 
 ment. He shall render a written opinion to any school officer asking it, 
 touching the exposition or administration of any school law, and shall 
 determine all cases appealed from the decision of county superintendents. 
 
 SEC. 1578. An office shall be provided for him at the seat of govern- 
 ment, in which he shall file all papers, reports, and public documents 
 transmitted to him by the county superintendents, each year separately, 
 and hold the same in readiness to be exhibited to the governor, or to a 
 committee of either house of the general assembly, at any time when 
 required; and he shall keep a fair record of all matters pertaining to his 
 office. 
 
 SEC. 1579. (As amended by Chap. 150, Laws of 1880, and Chap. 59, 
 Laws of 1888.) After the adjournment of the eighteenth general assem- 
 bly, and every four years thereafter, if deemed necessary, he may cause 
 
 SECTION 1577. This department is glad to assist in every way, in securing a 
 more uniform and satisfactory administration of school affairs. The established 
 -custom of answering all proper inquiries, whether from school officers or others, 
 touching the construction and application of the school laws, will be continued. 
 
 SEC. 1578. All valuable correspondence is tiled for preservation, letterpress 
 copies of our answers being taken for that purpose. It is obvious that a request 
 to return the letter of inquiry with our reply, can not be complied with. 
 
6 SCHOOL LAWS OF IOWA. 
 
 to be printed and bound in cloth the school laws and all amendments 
 thereto, with such notes, rulings, forms and decisions as may seem of 
 value to aid school officers in the proper discharge of their duties. 
 Appropriate reference shall be made to the previous law that has been 
 amended or changed, so as clearly to indicate the effect of such amend- 
 ments or changes. He shall send to each county superintendent a num- 
 ber of copies sufficient to supply each school district in his county with 
 one copy of such school laws, with decisions. He shall also cause to be 
 printed and bound in paper covers the school laws, with notes and with 
 forms necessary to be used in carrying out the school laws; provided, 
 that he shall furnish each of the members of the boards of directors with 
 one copy of the laws bound in paper covers, which shall be turned over 
 to their successors in office. After such sessions of the general assembly 
 as the state superintendent shall not deem it necessary to publish the 
 laws as provided for in this section, he shall cause to be published in 
 pamphlet form all the amendments to the school laws passed by such 
 general assembly, in sufficient numbers to supply each of the county 
 superintendents and school officers of the state with one copy free of 
 charge, which said amendments shall be sent to the several county 
 superintendents for distribution. 
 
 SEC. 1580. (Repealed by Chap. 102, Laws of 1878.) 
 
 SEC. 1581. He may, if he deem it expedient, subscribe for a sufficient 
 number of copies of the Iowa School Journal, or of such other educa- 
 tional journal published in the state as he may select, to furnish each 
 county superintendent with one copy, and his certificate of having thus 
 subscribed shall be authority for the auditor of state to issue his warrant 
 for the amount of said subscriptions; provided he shall cause to be inserted 
 in the journal he may so select, a correct copy of any decision he may 
 deem it necessary to make for the efficient carrying out of the school 
 law. 
 
 SEC. 1582. He shall annually, on the first day of January, report to 
 the auditor of state the number of persons in each county between the 
 ages of five and twenty-one years. 
 
 SEC. 1583. (As amended by Chap. 82, Laws of 1888.) He shall 
 make to the governor a report which shall embrace, first, a statement 
 of the condition of the common schools of the state; the number of 
 district townships and subdistricts therein; the number of teachers; 
 the number of schools; the number of school-houses, and the value 
 thereof; the number of persons between five and twenty-one years of 
 asje; the number of scholars in each county that have attended school 
 the previous year, as returned by the several county superintendents; 
 the number of books in the district libraries; and the value of all appa- 
 ratus in the schools, and such other statistical information as he may 
 
SCHOOL LAWS OF IOWA. 7 
 
 deem important. Second, such plans as he may have matured for the 
 more perfect organization and efficiency of common schools. He shall 
 cause one thousand copies of his report to be printed, and shall present 
 it to the general assembly on the second day of its session. 
 
 SEC. 1584:. Whenever reasonable assurance shall be given by the 
 county superintendent of any county to the superintendent of public 
 instruction, that not less than twenty teachers desire to assemble for the 
 purpose of holding a teachers' institute in said county, to remain in 
 session not less than six working days, he shall appoint the time and 
 place of said meeting and give due notice thereof to the county superin- 
 tendent; and for the purpose of defraying the expenses of said institute, 
 there is hereby appropriated, out of any moneys in the state treasury 
 not otherwise appropriated, a sum not exceeding fifty dollars annually 
 for one such institute in each county held as aforesaid, which the said 
 superintendent shall immediately transmit to the county superintendent 
 in whose county the institute shall be held, who shall therewith defray 
 the necessary expenses of the institute, and, if any balance remains, he 
 shall pay the same into the county treasury, and the same shall be cred- 
 ited to the teachers' fund. 
 
 CHAPTER 129, LAWS OF 1876. 
 (As amended by Chap. 14:2, Laws of 1878, and Chap. 04:, Laws of 1888.) 
 
 STATE NORMAL AND TRAINING SCHOOL. 
 
 SECTION 1. A school for the special instruction and training of 
 teachers for the common schools of this state is hereby established at 
 Cedar Falls, in Black Hawk county. 
 
 SEC. 2. The school shall be under the management and control of a 
 board of directors consisting of six members, no two of whom shall be 
 from the same county, and the superintendent of public instruction shall 
 be ex-officio a member of said board and president thereof. The board 
 of directors shall be elected by the general assembly, two for two years, 
 two for four years, and two for six years, and the general assembly shall 
 elect two members of said board every two years, for the full term of 
 six years as the terms of office of the respective classes expire. Their 
 term of office shall commence on the first day of June following their 
 election. No member of the board shall be a teacher in the school, or 
 receive other compensation for his services, than a reimbursement of his 
 actual expenses, to be certified to by him and paid out of the state treas- 
 ury. Any vacancy occurring in the board shall be filled by the appoint- 
 ment of the governor. 
 
 SEC. 3. The board shall convene, at the call of the superintendent of 
 public instruction, on or before June 15, 1876, and having each qualified, 
 
 CHAPTER 129. Complete information maybe secured by addressing the presi- 
 dent of the school, at Cedar Falls. 
 
8 SCHOOL LAWS OF IOWA, 
 
 according to law, shall organize by the election of a vice-president from 
 their number, and a secretary and a treasurer, who shall be persons not 
 members of the board. The secretary shall receive such compensation 
 as may be fixed by the board not to exceed the sum of one hundred dol- 
 lars and actual traveling expenses. The treasurer shall receive no com- 
 pensation but shall receive reimbursement of actual expenditures. 
 
 SEC. 4. The board shall require a bond, in the sum of twenty thousand 
 dollars, of the treasurer with proper and sufficient sureties, conditional for 
 the safe-keeping of funds coming into his hands. He shall receive and 
 disburse all moneys hereby appropriated, and any other funds as the 
 board may provide. The board may require of any officer or employe, 
 who may be authorized to receive or pay out money, a like bond. 
 
 SEC. 5. It shall be the duty of the board, in every necessary manner 
 with the means at their disposal, to provide for and carry out the object 
 for which the school is established. For that purpose they shall employ 
 competent and suitable teachers and other employes. They shall direct, 
 use, and control all the property of the state coming into their hands for 
 that purpose. They shall control and direct the expenditures of all 
 moneys. They shall make all necessary rules for the management of 
 the school and the government thereof, and shall provide for the admis- 
 sion of pupils from the several counties of the state in proportion to 
 their respective population, and upon the appointment of respective 
 boards of supervisors, or as the board may direct. They shall establish 
 and publish uniform rules for the admission of pupils thereto, and such 
 rules shall provide for equal rights in said school, to all the teachers in the 
 state, but they shall require in all cases satisfactory evidence of the good 
 character of the pupil. They shall also further require all pupils upon 
 their admission to the school, to sign a statement of their intention in 
 good faith to follow the business of teaching in the schools of the state. 
 It shall also be the duty of the board to make all possible and necessary 
 arrangements with the means at their disposal, for the boarding and 
 lodging of pupils, but the pupils shall pay the cost of the same. They 
 shall require each pupil to pay a fee for contingent expenses amounting 
 to not more than one dollar per month. The school shall be open during 
 such part of the year as the board shall determine but the session shall 
 continue at least twenty-six weeks. The board of directors may in their 
 discretion charge the pupils with a tuition fee not exceeding six dollars 
 per term, if such charge shall be necessary in order to the proper sup- 
 port of the school, as provided by law. 
 
 * * * * * * * * 
 
 SEC. 9. The said board shall make, at the end of each school year, 
 to the governor a detailed report of their proceedings during the year. 
 Their report shall also contain the number of teachers employed in the 
 
SCHOOL LAWS OF IOWA. 9 
 
 school, with the compensation of each; the number of pupils, classified; 
 the amount of receipts and expenditures, and the items thereof, with 
 such other information and recommendations as they may deem expe- 
 dient, which report shall be embodied in the superintendent's report to 
 the general assembly. 
 
 STATE UNIVERSITY. 
 
 SECTION 1585. The objects of the state university, established by the 
 constitution, at Iowa City, shall be to provide the best and most efficient 
 means of imparting to young men and women on equal terms, a liberal 
 education and thorough knowledge of the different branches of literature, 
 the arts and sciences, with their varied applications. The university, so 
 far as practicable, shall begin the courses of study in its collegiate and 
 and scientific departments, at the points where the same are completed 
 in high schools; and no student shall be admitted who has not previously 
 completed the elementary studies, in such branches as are taught in the 
 common schools throughout the state. 
 
 SEC. 1586. The university shall never be under the exclusive control of 
 any religious denomination whatever. 
 
 SEC. 1587. (As amended by Chap. 147, Laws of 1876, and Chap. 181, 
 Laws of 1886.) The university shall be governed by a board of regents, 
 consisting of the governor of the state, who shall be president of the 
 board by virtue of his office, the superintendent of public instruction, who 
 shall be a member by virtue of his office, together with one person from 
 each congressional district of the state, who shall be elected by the general 
 assembly. 
 
 # * * * # * * * 
 
 SEC. 1589. The university shall include a collegiate, scientific, normal, 
 law, and such other departments, with such courses of instruction and 
 elective studies as the board of regents may determine; and the board 
 shall have authority to confer such degrees, and grant such diplomas and 
 other marks of distinction as are usually conferred and granted by other 
 universities. 
 
 ##*##-x-** 
 
 SEC. 1596. The board of regents shall enact laws for the government 
 of the university, and shall appoint a president and the requisite number 
 of professors and tutors, together with such other officers as they may 
 deem expedient, and shall determine the salaries of such officers, the 
 compensation of the secretary and treasurer, and the amount of fees to 
 be paid for tuition. They shall remove any officer connected with the 
 university, when, in their judgment, the good of the institution re- 
 quires it. 
 
10 SCHOOL LAWS OF IOWA. 
 
 SEC. 1597. The board of regents is authorized to expend such portion 
 of the income of the university fund as it may deem expedient, in the 
 purchase of apparatus, library, and a cabinet of natural history, in pro- 
 viding suitable means to keep and preserve the same, and in procuring 
 all other necessary facilities for giving instruction. 
 
 SEC. 1598. All specimens of natural history and geological and min- 
 eralogical specimens, which are or hereafter may be collected by the 
 state geologist of Iowa, or by any others appointed by the state to inves- 
 tigate its natural history and physical resources, shall belong to and be 
 the property of the state university, and shall form a part of its cabinet 
 of natural history, which shall be under the charge of the professor of 
 
 that department. 
 
 ******** 
 
 SEC. 1600. The president of the university shall make a report on the 
 fifteenth day of September preceding the meeting of the general assem- 
 bly, to the board of regents, which shall exhibit the condition and prog- 
 ress of the institution in its several departments, the different courses 
 of study pursued therein, the branches taught, the means and methods of 
 instruction adopted, the number of students, with their names, classes, 
 and residences, and such other matters as he may deem proper to com- 
 municate. 
 
 SEC. 1601. (As amended by Chap. 82, Laws of 1888.) The board of 
 regents shall, on the first day of October preceding each regular meet- 
 ing of the general assembly, make a report to the superintendent of 
 public instruction, which report, with that of the president of the 
 university, shall be embodied in the said superintendent's report to the 
 governor. The report of the board of regents shall contain the number 
 of professors, tutors, and other officers, with the compensation of each, 
 the condition of the university fund, and the income received therefrom, 
 the amount of expenditures, and the items thereof, with such other 
 information and recommendations as they may deem expedient to lay 
 before the general assembly. 
 
 STATE AGRICULTURAL COLLEGE AND FARM. 
 
 SECTION 1604. (As amended by Chap. 76, Laws of 1884.) The lands, 
 rights, powers, and privileges granted to and conferred upon the state of 
 Iowa by the act of congress entititled, "An act donating public lands to 
 the several states and territories which may provide colleges for the ben- 
 efit of agriculture and the mechanic arts," approved July 2, 1862, are 
 hereby accepted by the state of Iowa, upon the terms, conditions and 
 restrictions contained in said act, and there is hereby established an agri- 
 cultural college and model farm, to be connected with the entire agricul- 
 
 SEC. 1600. Full information can be secured by addressing the president, at 
 Iowa City, mentioning the particular department regarding which information is 
 desired. 
 
SCHOOL LAWS OF IOWA. H 
 
 tural and mechanical interests of the state; the said college and farm to- 
 be under the control and management of a board of trustees, consisting 
 of one person from each congressional district of the state. But the 
 present board of trustees shall continue as members of the board of trus- 
 tees from their several congressional districts until their terms of office 
 expire. 
 
 * 
 
 SEC. 1606. The board of trustees shall have power: 1. To elect a. 
 chairman from their own number, a president of the college and farm, a 
 secretary, a treasurer, professors and other teachers, superintendents of 
 departments, a steward, a librarian, and such other officers as may be 
 required for the transaction of the business of the board; also to fix the 
 salaries of officers and prescribe their duties; and to appoint substitutes 
 who shall discharge the duties of such officers during their temporar}- 
 absence; 
 
 2. To manage and control all the property of the college and farm,, 
 whether real or personal; 
 
 3. To make rules and regulations for the government of the college- 
 and farm; 
 
 4. (As amended by Chap. 119, Laws of 1876.) To establish rules 
 regulating the number of hours which shall be devoted to manual labor, 
 and to fix the compensation therefor; provided no student shall be exempt 
 from labor except in cases of sickness or other infirmity, or where 
 students from the advanced classes may be employed as teachers; 
 
 5. To arrange courses of study and practice, and to establish such 
 professorships as they may deem best to carry into effect the provisions 
 of this chapter; also to prescribe conditions of admission to the college:. 
 
 6. To grant diplomas, on the recommendation of the faculty, to any 
 student who lias completed either of the industrial courses prescribed by 
 said board, or an equivalent thereof; 
 
 7. To remove any officer by a majority vote of all the members of the- 
 board of trustees; 
 
 8. To direct the expenditure of all appropriations which the general 
 assembly shall from time to time make to said college and farm, and the 
 income arising from the congressional grant, and from all other sources; 
 
 9. To keep a full and complete record of their proceedings, and to do 
 such other acts as are found necessary to carry out the intent and mean- 
 ing of this chapter. 
 
 *^c#^:***** 
 
 SEC. 1610. (As amended by Chap. 159, Laws of 1876.) The college 
 year shall begin on Thursday after the second Wednesday in November 
 of each year, and end on the second Wednesday of November of the 
 following year. The biennial report of the board of trustees shall be 
 filed in the office of the governor, not later than the first day of Decem- 
 ber preceding the regular meeting of the general assembly. 
 
32 SCHOOL LAWS OF IOWA. 
 
 SEC. 1611. The president of the college and farm shall control, man- 
 age and direct the affairs of the college and farm herein established, sub- 
 ject to such rules as may be prescribed by the board of trustees, and 
 shall report to said board at their annual meeting in November, and at 
 such other times as they shall direct, all his acts as such president, and 
 the condition of the several departments of the college and farm, together 
 
 with his recommendations for the future management thereof. 
 
 ***#***** 
 
 SEC. 1619. Tuition in the college herein established shall be forever 
 iree to pupils from this state over sixteen years of age, who have been 
 residents of the state six months previous to their admission. Each 
 county in this state shall have a prior right to tuition for three scholars 
 from such county, the remainder equal to the capacity of the college 
 shall be by the trustees distributed among the counties in proportion to 
 the population, subject to the above rule. Transient scholars otherwise 
 -qualified may at all times receive tuition. 
 
 SEC. 1620. No person shall open, maintain or conduct any shop or 
 other place for the sale of wine, beer or spirituous liquors, or sell the 
 same at any place within a distance of three miles from the agricultural 
 college and farm; provided that the same may be sold for sacramental, 
 mechanical, medical or culinary purposes; and any person violating the 
 provisions of this section shall be punished, on conviction by any court 
 of competent jurisdiction, by a fine not exceeding fifty dollars for each 
 offense, or by imprisonment in the county jail for a term not exceeding 
 thirty days, or by both such fine and imprisonment. 
 
 SEC. 1621. (As amended by Chapter 27, Laws of 1884.) There shall 
 be adopted and taught at the state agricultural college a broad, liberal 
 and practical course of study in which the leading branches of learning 
 shall relate to agriculture and the mechanic arts, and which shall also 
 -embrace such other branches of learning as will most practically and 
 liberally educate the agricultural and industrial classes in the several pur- 
 suits and professions of life, including military tactics. 
 
 COUNTY HIGH SCHOOLS. 
 
 SECTION 1697. Each county having a population of two thousand 
 inhabitants or over, as shown by the last state or federal census, may 
 establish a high school on the conditions and in the manner hereinafter 
 prescribed, for the purpose of affording better educational facilities for 
 pupils more advanced than those attending district schools, and for per- 
 sons desiring to fit themselves for the vocation of teaching. 
 
 SEC. 1698. When one-third of the electors of a county, as shown by 
 -the returns of the last preceding election, shall petition the board of 
 supervisors requesting that a county high school be established in their 
 
 SEC. 1621 . For catalogue and other information, address the president, at Ames. 
 
SCHOOL LAWS OF IOWA. 13 
 
 county at the place ID said petition named, then, or when said board in 
 its discretion shall deem proper, said board shall give twenty days"' 
 notice previous to the next general election, or previous to a special elec- 
 tion duly called for that purpose, that they will submit the* question to- 
 the electors of said county whether such high school shall be established;: 
 at which election said electors shall vote by ballot, for or against estab- 
 lishing such county high school. The notice contemplated in this section* 
 shall be given through one or more newspapers published in said county, 
 if any be published therein, and by at least one written or printed notice 
 to be posted in each township. 
 
 SEC- 1699. After said election, the ballots on said question shall be 
 canvassed in the same manner as in the election for county officers; and 
 if a majority of all the votes cast on said question shall be in favor of 
 establishing said school, the board of supervisors shall immediately pro- 
 ceed to appoint six persons, who shall be residents of the county, but not 
 more than two of whom shall be residents of the same township, who 
 shall, with the county superintendent of common schools, constitute a 
 board of trustees for said high school. Each of said trustees appointed 
 as aforesaid shall hold his office until his successor is elected and quali- 
 fied, and shall be required, within ten days after appointment, to qualify 
 by taking the oath of office, and giving such bond as may be required by 
 the said board of supervisors for the faithful discharge of his duties. 
 
 SEC. 1700. At the next general election after said appointment, there 
 shall be elected in said county six high school trustees, who shall be 
 divided into three classes of two each; each class to hold their office one, 
 two, and three years, respectively, and their respective terms to be 
 decided by lot. And each year thereafter there shall be two such 
 trustees elected to succeed those whose term is about to expire. And 
 said trustees shall qualify and enter upon the duties of their office 
 in the same manner and at the same time as other county officers. 
 
 SEC. 1701. The county superintendent shall, by virtue of his office, 
 be president of said board of trustees, and at the first meeting in each 
 year they shall appoint from their own number a secretary and treasurer, 
 who shall perform the usual duties devolving upon such officers for the 
 term of one year, or until their successors are appointed to take their 
 places. 
 
 SEC. 1702. At said meeting, or at some succeeding meeting called 
 
 O' ** ^ 
 
 for such purpose, said trustees shall make an estimate of the amount of 
 funds needed for building purposes, for payment of teachers' wages, and 
 for contingent expenses, and they shall present to the board of supervis- 
 ors a certified estimate of the rate of tax required to raise the amount 
 desired for such purposes. But in no case shall the tax for such purposes- 
 exceed in one year the amount of five mills on the dollar on the taxable 
 
14 SCHOOL LAWS Ol IOWA. 
 
 property of the county, and, when the tax is levied for the payment of 
 teachers' wages and contingent expenses only, shall not exceed two mills 
 on the dollar. 
 
 SEC. 1703. The said tax shall be levied and collected in the same 
 
 manner as other county taxes, and when collected the county treasurer 
 
 shall pay the same to the treasurer of the county high school, in the same 
 
 manner that school funds are paid to the district treasurers as required 
 
 'by law. 
 
 SEC. 1704. The said treasurer of the high school shall give such 
 additional bond as the board of trustees may deem sufficient, and receive 
 all moneys from the county treasurer, and from other parties, that belong 
 to the funds of said school, and pay the same out only by direction of 
 the board of trustees, upon orders duly executed by the president, coun- 
 tersigned by the secretary thereof, stating the purpose for which they 
 were drawn. Both the secretary and treasurer shall keep an accurate 
 -account of all moneys received and expended for said school; and at the 
 close of each year, and as much oftener as required by the board, they 
 shall make a full statement of the financial affairs of the school. 
 
 SEC. 1705. The said board of trustees shall proceed as soon as prac- 
 ticable after their appointment as aforesaid, to select the best site, in 
 -accordance with, the vote of the county, that can be obtained without 
 ^expense to the same, and the title thereof shall be vested in said county. 
 They shall then proceed to make such purchases of material, and to let 
 such contracts for their necessary school buildings, as they may deem 
 proper, but shall not make any purchase or contract in any year to exceed 
 the amount on hand, and to be raised by the levy of tax that year. 
 
 SEC. 1706. When said board of trustees shall have furnished a suit- 
 -able building for the school, they shall employ some competent teacher 
 to take charge of the same, and furnish such assistant teachers as they 
 <leem necessary, and provide for the payment of their salaries. As far 
 as practicable model schools shall be encouraged; and advanced students, 
 and those preparing to become teachers, may be employed a portion of 
 their time in teaching the younger pupils, in order that they may become 
 familiar with the practice as well as theory of successful school teaching, 
 and also avoid, as far as practicable, the expense of employing other 
 assistant teachers. 
 
 SEC. 1707. Tuition shall be free to all pupils of such school residing 
 in the county where the same is located. The board of trustees, however, 
 shall make such general rules and regulations as they deem proper in 
 regard to age and grade of attainments essential to entitle pupils to 
 admission in the school. If there should be more applicants than can be 
 .accommodated at any time, each district shall be entitled to send its equal 
 proportion of pupils, according to the number of pupils it may have, as 
 
SCHOOL LAWS OF IOWA. 15 
 
 shown by the last report to the county superintendent of common schools. 
 And the boards of the respective school districts shall designate such 
 pupils as may attend. 
 
 SEC. 1708. If, at any time, the school can accommodate more pupils 
 than apply for admission from that county, the vacancies ma^-be- filled 
 by applicants from other countleSj upon the payment of such tuition as 
 the board of trustees may prescribe; but at no time shall such pupils 
 continue in said school to the exclusion of pupils belonging in the county 
 in which such high school is situated. 
 
 SEC. 1709. The principal of any such high school, with the approval 
 of the board of trustees, shall make such rules and regulations as he 
 deems proper in regard to the studies, conduct and government of the 
 pupils under his charge, and if any such pupils will not conform to and 
 obey the rules of the school they may be suspended or expelled there- 
 from by the board of trustees. 
 
 SEC. 1710. The said board of trustees shall annually make a report 
 to the board of supervisors of their county, which shall specify the num- 
 ber of students, both male and female, who have been in attendance at 
 the county high school during the year, the branches of learning taught, 
 the text-books used, the number of teachers employed, the amount of 
 salary paid to them, the amount expended for library and apparatus, 
 and for buildings and all other expenses; also, the amount of funds on 
 hand, debts unpaid, and other information deemed important or expedi- 
 ent to report. Said report shall be printed in at least one newspaper in 
 the county, if any is published therein, and a copy of the report shall be 
 forwarded to the state superintendent of public instruction. 
 
 SEC. 1711. The board of supervisors shall have power to fill any 
 vacancy that may occur in the board of trustees of that county, by 
 .appointment, until the next general election, and a majority of such 
 board of trustees shall be a quorum for the transaction of business. 
 
 SEC. 1712. The board of supervisors may allow each member of the 
 board of trustees the sum of two dollars per day for the time actually 
 employed in the discharge of his official duties, and when such accounts 
 are presented for payment they shall be audited and paid out of the 
 county treasury, in the same manner as other accounts against the county, 
 and said trustees shall not be entitled to any further remuneration for 
 services or expenses. 
 
IrJ SCHOOL LAWS OF IOWA. 
 
 SCHOOL DISTRICTS. 
 
 SECTION 1713. Each civil township now or hereafter organized, and 
 each independent school district organized as such prior to the taking 
 effect of this code, is hereby declared a school district for all the purposes 
 of this chapter, subject to the provisions ^hereinafter made. 
 
 SEC. 1714. When an organized district has been left without officers,, 
 the township trustees shall give such notice for a special election of 
 directors as is required in cases of regular district elections; and the per- 
 sons elected shall continue in office until their successors are duly elected 
 and qualified. 
 
 SEC. 1713. The design of the law is that civil and district township boundaries 
 shall coincide. 41 Iowa, 80. When new civil townships are formed, the corre- 
 sponding changes in district township boundaries take effect at the next subdistrict 
 election. Sections 1715 and 1796. 
 
 SEC. 1714. 1. In case the board is reduced below a quorum, by resignation or 
 otherwise, the township trustees call a special election to till the vacancies. 
 
 2. In independent districts five notices shall be posted, as provided in sections 
 1742 and 1801; in district townships three notices are required in each subdistrict, 
 as provided in section 1718. Note (b) to form 2. 
 
 3. The ballots in this election, in independent districts and in subdistricts of 
 less than three in a district township, should indicate in whose place the person 
 voted for shall serve. 
 
 SEC. 1715. 1. New district townships are not organized until the first Monday 
 in March after the election of officers of the civil townships. 
 
 2. The boundaries of subdistricts lying wholly within the old or new districts, 
 are not affected by the division of civil townships. 
 
 3. When subdistricts are divided by changes in civil township boundaries, the 
 boards should incorporate the several parts with other subdistricts, or otherwise 
 provide for such territory, so that all electors may vote at the following subdistrict 
 election. In the absence of such action the territory properly belongs to the 
 subdistrict which it adjoins, and the electors are entitled to vote therein. 
 
 4. Five days before the time for the regular subdistrict election, notices should 
 be posted in three public places in each subdistrict, in both the old and new town- 
 ships, by the resident subdirector; where there is no subdirector, by the secretary. 
 Form 2, and notes. 
 
 5. Assets include school-houses, sites, and all other property and moneys belong- 
 ing to the district. Liabilities include all debts for which the district in its corporate 
 capacity is liable. In determining the assets, school property should be estimated 
 at its present cash value. Note 3 to section 1820. 
 
 6. It is presumed that the teachers' fund and contingent fund have been ex- 
 pended equitably. The division of assets will therefore relate to the school-house 
 and other property, moneys in all funds on hand, and taxes uncollected. 
 
 7. Each fund should be divided in proportion to the last assessed value of the 
 property, real and personal. Any portion of the teachers' fund, however, derived 
 from the semi-annual apportionment, should be divided in proportion to the num- 
 ber of persons between the ages of five and twenty-one years, according to the last 
 enumeration. 
 
SCHOOL LAWS OF IOWA. 17 
 
 SEC. 1715. When chancres in civil township boundaries are made, or 
 any district shall be divided into two or more entire townships for civil 
 purposes, the existing board of directors shall continue to act for both or 
 all the new districts, or parts of districts, until the next regular district 
 election thereafter, at which time the new district township shalLorganize 
 by the election of directors. The respective boards of directors shall, 
 immediately after such organization, make an equitable division of the 
 then existing assets and liabilities between the old and new districts; and 
 in case of a failure to agree, the matter may be decided by arbitrators, 
 chosen by the parties in interest. A similar division shall be made in 
 case of the formation or changes of boundaries of independent districts. 
 
 SEC. 1716. Every school district which is now, or may hereafter be 
 organized, is hereby mado a body corporate by the name of the "dis- 
 trict township," or "independent district" (as the case may be), of 
 
 , in the county of , 
 
 and in that name may hold property, become a party to suits and con- 
 tracts, and do other corporate acts. 
 
 DISTRICT TOWNSHIP MEETING. 
 
 SECTION 1717. (As amended by Chap. 51, Laws of 1882.) Each dis- 
 trict township shall hold an annual meeting on the second Monday in 
 
 8. School-houses will usually become the property of the district in which they 
 are situated. If their value exceeds the amount justly due that district, and there 
 is not sufficient school-house fund on hand to equalize the division, the boards 
 should fix the amount each district should receive or pay. 
 
 i). An equitable arrangement mutually satisfactory to the parties in interest 
 will be in accordance with the intent of the law. Any agreement should be re- 
 duced to writing, and entered in the records of each district. 
 
 10. The districts, after the division, which do not receive their just proportion 
 of school-house property, have a claim against those that do obtain more than 
 their due share. The last named are indebted to the first in the difference. 36 
 Iowa, 216. 
 
 11. A simple and just method to dispose of unpaid and delinquent taxes, also 
 of all funds in the hands of the county treasurer, is to direct the payment of these 
 funds in such manner that taxes derived from any part of the territory shall be 
 paid to the district to which such territory will then belong. 
 
 12. If money is received which belongs to another, the rule is a general one 
 that the law implies a promise on the part of the receiver to pay it over. Based 
 upon this promise an action may be maintained for its recovery. 11 Iowa, 506. 
 
 SEC. 1716. 1. lu suits, contracts and conveyances, the corporate name should 
 be strictly observed. 
 
 2. At their annual meeting, the electors of any independent district may vote 
 by ballot to change the name of the district, and the board will be guided by this 
 expression of the electors. 
 
 3. A subdistrict is not a corporation, and hence can neither hold property nor 
 perform any corporate act. Note 4 to section 1725. S. L. Decisions, 40. 
 
 SEC. 1717. 1. District townships are authorized to hold only one meeting in 
 each year, except as provided by section 171 7^. 
 2 
 
18 SCHOOL LAWS OF IOWA. 
 
 March, and the electors of the district, when legally assembled at such 
 meeting, shall have the following powers: 
 
 1. To appoint a chairman and secretary in the absence of the regular 
 officers; 
 
 2. To direct the sale or other disposition to be made of any school- 
 house, or the site thereof, and of such other property, personal and real, 
 as may belong to the district; to direct the manner in which the proceeds 
 arising therefrom shall be applied; to determine what additional branches 
 shall be taught in the schools of the district; or to delegate any of these 
 powers to the board of directors; and to authorize the board of directors 
 to obtain at the expense of the district township, sucli highways as such 
 board may deem necessary for proper access to the school-house in their 
 districts; 
 
 2. The meeting cannot be adjourned to another day, and must be held at the 
 time and in the manner directed by the law. Section 1789. 
 
 3. Ten days' previous notice of this meeting should be given by the district 
 township secretary, but as the law fixes the day of the meeting of the electors' of 
 the district township, and also of the subdistrict, a failure to give full notice, or any 
 notice at all, though a violation of law, will not invalidate the proceedings of the 
 meeting, if one is held at the usual time and place. 10 Iowa, 212. 
 
 4. The president and secretary are the regular officers of this meeting, and 
 should act as such if present. Sections 1739 and 1741. 
 
 5. The electors have only such powers as are conferred by the statute, either 
 expressly or by reasonable implication. 
 
 G. School-houses cannot be sold without a previous vote of the electors, but 
 their action in voting a tax for the erection of a new school-house on the old site 
 gives the board authority to remove or dispose of the old house. 
 
 7. The electors have no authority to instruct the board to loan money belong- 
 ing to the district, nor to order money invested in government bonds. 
 
 8. If the electors direct that any additional branches shall be taught in one or 
 all of the schools in the district township, their action is mandatory, and the board 
 is bound to endeavor in good faith to fulfill the wishes of the electors. 
 
 9. The electors may not limit or restrict the board to the adoption of a course 
 of study including only such branches as the electors may name. Nor may the 
 electors direct that a particular branch, or certain studies, shall not be taught. It 
 is the province of the board to decide what branches besides those in a teacher's 
 examination and those named by the electors, shall be included in the course of 
 study and taught in the schools of the district. 
 
 10. All school-house taxes must be voted by the electors of the district town- 
 ship, or of the subdistrict, this power cannot be delegated to the board. 
 
 11. The specific sum of money deemed necessary, and not a certain number of 
 mills on the dollar, should be voted, except when a district lies in two counties- 
 Chap. 67, Laws of 1874. The per centum necessary to raise this sum is determined 
 by the board of supervisors. Sections 1777 and 1780. 
 
 13. The electors may not vote, nor the board appropriate, money to purchase 
 text-books for the use of scholars or teachers. 
 
 13. Money may be paid for the purchase of a district library only when it has 
 been voted for that purpose by the electors. 
 
SCHOOL LAWS OF IOWA. 19 
 
 3. To vote such tax, not exceeding ten mills on the dollar in any one 
 year, on the taxable property of the district township, as the meeting 
 shall deem sufficient for the purchase of grounds and the construction of 
 the necessary school-houses, for the use of the district, and for the pay- 
 ment of any debts contracted for the erection of school-houses, and for 
 procuring district libraries, and for obtaining highways for access to 
 school-houses; 
 
 4. To instruct the board of directors to transfer any surplus in the 
 school-house fund, not appropriated, to either the contingent or teachers' 
 fund. 
 
 SEC. 1717. (Chap. 8, Laws of 1880.) When a school district, 
 by tire or otherwise, has been deprived of a school building, and the 
 board of directors of such district by use of the powers in them vested, 
 are unable to provide for the continuance of the school therein; then 
 such board of directors shall call a meeting of such district. 
 
 The manner of calling such meeting, and the powers of such meeting, 
 shall be as follows: 
 
 1. The board of directors shall cause to be posted in three public 
 places in such district, at least ten days prior to the designated time of 
 holding such meeting, written notices of such meeting, in which shall be 
 stated the time and place of such meeting, and the object or purpose for 
 which the same is called. 
 
 2. The powers of such meeting shall be the same as is prescribed in 
 section 1717 hereof, except those powers which are set forth in paragraph 
 2, after the word "applied " in the fourth line thereof, and in paragraph 3, 
 after the word "district'' in the fifth line thereof. 
 
 SUBDISTRICT MEETING. 
 
 SECTION 1718. The several subdistricts shall, annually, on the first 
 Monday in March, hold a meeting- for the election of a subdirector, five 
 
 14. The only change of money from one fund to another possible under the law 
 is the transfer of school-house funds to either of the other funds, by vote of the 
 electors. Note 7 to section 1748 and note 2 to section 1785. 
 
 15. The vote of the electors upon any of the questions mentioned in this sec- 
 tion, may be taken by ballot, or viva voce, as the meeting shall direct. But pains 
 should be taken to have the more important matters presented to the meeting 
 when the attendance is largest. Note 1 to section 1807. 
 
 16. As regards many of the matters over which they have control, the electors 
 should act each year, if it is desired to make their action continuous. 
 
 17. Failing to carry out instructions from this meeting, the board may be com- 
 pelled by mandamus to show reason why the vote of the electors has not been 
 complied with. S. L. Decisions, 55. 
 
 SEC. 1718. 1. No district township or subdistrict meeting shall organize earlie r 
 that 9 a. m., nor adjourn before 12 m. Section 1789. 
 
 2. The meeting should not be called later than 6 p. m. The law contemplates 
 at least three hours for the election. 37 Iowa, 131. Note 3 to section 1789. 
 
20 SCHOOL LAWS OF IOWA. 
 
 days' notice of which meeting shall be given by the then resident sub- 
 director, or, if there is none, by the district secretary, posting a written 
 notice in three public places therein, and such notice shall state the hour 
 of meeting. 
 
 SEC. 1719. (As amended by Chap. 7, Laws of 1880.) At the meet- 
 ing of the subdistrict a chairman and secretary shall be appointed, who 
 shall act as judges of the election, and give a certificate of election to the 
 subdirector elect. When there is a tie vote between two persons 
 for the office of subdirector, the secretary shall notify the secretary of 
 the district township board of such tie vote, and shall notify said persons 
 to appear at the regular meeting of the board on the third Monday in 
 March to determine the tie vote by lot before one or more members of 
 
 3. Any election by the people must be held on the day designated, and officers 
 must be elected by a single ballot. 
 
 4. The practice of taking an informal ballot for the purpose of placing persons 
 in nomination for subdirector is not to be commended. Such nominations should 
 be made outside the meeting, or at least before the meeting is organized. 
 
 5. If subdistrict boundaries are in controversy by way of appeal, the election 
 for subdirectors should be made on the basis of the status of the subdistricts on 
 the day of election. Note 4 to section 1880. 
 
 SEC. 1719. 1. The chairman and secretary are not required to qualify. 
 
 2. The election must be by ballot. Constitution, article 2, section 6. 
 
 3. The chairman is entitled to his vote as much as any other elector. 
 
 4. No minor, nonresident nor alien can take part in a meeting of electors. 
 To be entitled to the right of suffrage a person must be a male citizen of the 
 United States, twenty-one years of age, a resident of the state six months next 
 preceding the election, and of the county sixty days. Constitution, article 2, 
 section 1. 69 Iowa, 368 and 75 Iowa/220. 
 
 5. No person shall be deemed ineligible, by reason of sex, to any school office. 
 
 6. A man about to assume'auy school office must have the qualifications of ao 
 elector, at the time of his election or appointment. 
 
 7. The selection of a subdirector should be a matter of great care. He may 
 receive no compensation from -the district, and should therefore be a person whose 
 interest will lead him to be a frequent visitor of the school, and who will see that 
 the school-house is provided with all that will add to the comfort of the teacher 
 and scholars and promote the highest welfare of the school. 
 
 8. The person receiving the greatest number of votes is elected, even though 
 he has not received a majority:of all the votes cast. 
 
 9. This section clearlyjprovides how a tie vote shall be decided. And if more 
 than two persons have each [an equal number of votes, the same provisions will 
 apply. 
 
 10. The electors of a subdistrict may, at their regular meeting in March, deter- 
 mine what amount is required for the erection of a school-house in said subdistrict. 
 A sum in the aggregate a may -be voted, and the subdirector must certify the same- 
 to the next district township meeting held thereafter. Section 1778. Form 5. 
 
 11. If the electors of the subdistrict do not wish to have a tax to build their 
 house levied upon themselves, they should simply prefer a request for a sufficient 
 amount to build a school-house- in [their subdistrict, not naming any fixed sum. 
 Note (c) to form 3. 
 
SCHOOL LAWS OF IOWA. 21 
 
 the board elected, and the certificate of election shall be given accordingly. 
 Should either party fail to appear, or take part in the lot, the secretary 
 shall draw for him. 
 
 SEC. 1720. In all district townships comprising but one subdistrict 
 the board of directors shall consist of three subdirectors; andTn~all dis- 
 trict townships comprising but two subdistricts it shall consist of one sub- 
 director chosen from each subdistrict and one from the district township 
 at large, who shall in both cases be elected in the manner provided by 
 law for the election of one subdirector from each subdistrict. The judges 
 of the respective subdistrict elections shall canvass the votes for subdi- 
 rector chosen from the district township at large, and shall issue a cer- 
 tificate of election to the person elected. 
 
 BOAED OF DIRECTORS. 
 
 SECTION 1721. (As amended by Chap. 27, Laws of 1874.) The sub- 
 directors of the several subdistricts shall constitute a board of directors 
 for the district township, and shall enter upon their duties upon the day 
 fixed for the regular meeting of the board in March, at which time they 
 shall organize by electing from their own number a president, who shall 
 simply be entitled to a vote as a member of the board; and from the 
 
 SEC. 1720. 1. The board of a district township can not consist of less than 
 three members. If there are two subdistricts, the subdirector from the township 
 at large should be voted for at both meetings, and to avoid confusion, tickets 
 should specify; For subdireetor, A. B.; For subdirector at large, C. D. 
 
 2. The failure or refusal of the proper officers to issue a certificate to a person 
 duly elected, cannot operate to deprive such person of his rights. The certificate 
 or commission is the best, but not the only evidence of an election, and if that be 
 refused secondary evidence is admissible. McCrary on Elections, section 171. S. 
 L. Decisions, 35. 
 
 SEC. 1721. 1. The right or title to hold office cannot be determined by an 
 appeal to the county superintendent. The proper remedy for any person 
 aggrieved by the action of the board relating thereto is a petition to the district 
 court, under sections 3345-3352, Code. S. L. Decisions, 35 and 67. 
 
 2. There can be no doubt that school officers should not express an official 
 opinion upon matters entirely outside of their jurisdiction. Upon these subjects 
 it is therefore useless to expect county superintendents, or this department, to 
 give any other than general information, such as is presumably already within 
 the knowledge of those applying. 
 
 3. Directors continue in office only during the term for which they were elected, 
 or if apppointed, only until the next school election. Note 1 to section 1808. 
 
 4. It is quite customary for the outgoing board to meet on the third Monday 
 in March and complete all its work, and for the new board to organize immedi- 
 ately thereafter. The legality or propriety of such action has never be questioned. 
 
 5. A member or officer of the board must have the qualifications of an elector, 
 if a male; but no person is ineligible to any school office, by reason of sex. 
 
 6. A president whose term as director has expired may take no further part in 
 the board, even though a new president has not been chosen. 
 
22 SCHOOL LAWS OF IOWA. 
 
 district township at large, at their regular meeting on the third Monday 
 of September in each year, a secretary and a treasurer, unless there are 
 at least five subdirectors in the district township, in which case they may 
 be selected from the board; and said secretary and treasurer thus elected 
 shall qualify and enter upon the duties of their respective offices within 
 ten days following the date of their election. If selected from the dis- 
 trict township at large they shall have no vote in the proceedings of the 
 board. 
 
 SEC. 1722. (As amended by Chap. 176, Laws of 18SO.) The board of 
 directors shall hold their regular meetings on the third Monday in March 
 and September of each year; and may hold such special meetings as 
 occasion may require, at the call of the president, or by request of a 
 majority of the board ; provided that the board of directors of a district 
 township may hold their meetings at any place within the civil or dis- 
 trict township in which such district township is situated. 
 
 7. If the board fails to elect a president, a secretary, or a treasurer, upon the 
 day fixed by law or at a meeting adjourned from that day to a day certain, then 
 the incumbent may qualify anew and hold the office for another year. But i 
 order that a president may thus hold over, Ids term as a member of the board 
 must also continue. Note 6 to section 1802. 
 
 8. No person may hold two offices of the board at the same time. 
 
 9. The secretary and the treasurer have ten days in which to qualify. 
 
 10. A person cannot remain an officer or member of the board and reside ia 
 another district, even though in the same civil township. 
 
 11. All the officers of the board, in addition to the oath which they may have 
 taken as members, must take the oath of office as prescribed by section 5, article- 
 11, of the constitution. 
 
 12. When the treasurer is chosen from the board, his ceasing to be a member of 
 the board in March does not terminate his relation as treasurer of the district 
 until September following. 
 
 13. If the treasurer continues in office by reason of failure to elect a successor,, 
 his bond should be renewed and he should produce and account for the funds in 
 his hands, and the statement of such settlement should be indorsed on his new 
 bond. Note 7 to section 1747. 
 
 SEC. 1722. 1. Section 1788 provides that a, majority of the board shall consti- 
 tute a quorum. 
 
 2. Special meetings should be convened by a written call, signed either by the 
 president or a majority of the members, and each member should be duly notified 
 of the purpose of the meeting, as far as known. 
 
 3. Any duty imposed upon the board as a body must be performed at a regular 
 or special meeting, and made a matter of record. 47 Iowa, 11. 
 
 4. The consent of the board to any particular measure, obtained of individual 
 members when not in session, is not the act of the board, and is not binding upon* 
 the district. 67 Iowa, 164. 
 
 5. This section authorizes the board of a district township to hold meetings in 
 an independent district within the same civil township. 
 
SCHOOL LAWS OF IOWA. 23 
 
 SEC. 1723. They shall make all contracts, purchases, payments, and 
 sales necessary to carry out any vote of the district, but before erecting 
 any school-house they shall consult with the county superintendent as to 
 the most approved plan of such building. And all school-houses erected 
 or repaired at a cost exceeding three hundred dollars, shall be sa_erected 
 or repaired by contract, and no such contract for labor or materials 
 shall be let until proposals for the same shall have been invited by 
 advertisement for four weeks in some newspaper published in the county 
 where the work is to be done, if there be one published therein, if not, 
 in the nearest newspaper in an adjoining county; and such contract shall 
 be let to the lowest responsible bidder, and bonds with sufficient sureties 
 for the faithful performance of the contract shall be required. 
 
 SEC. 1723. 1. It is the duty of the board to make contracts for the erection of 
 school-houses, when the means have been provided by the electors. Forms 6, 7 
 and 8. 
 
 2. The board may anticipate the levy and collection of school-house taxes 
 already voted, and issue orders to build as directed by the electors. 51 Iowa, 102. 
 
 3. No member has authority to make a contract in behalf of the district, except 
 under specific instructions of the board. 
 
 4. If a subdirector is appointed a committee to contract, it should be with cer- 
 tain limitations, and the contract must be reported to the board for approval, as 
 provided by section 1753. S. L. Decisions, 40. 
 
 5. If members or officers of the board intentionally violate law they become 
 personally liable. Iowa Reports, 14, 510; 17, 155; 24, 337, and 38, 47. 
 
 C. If an agent makes a valid contract without authority, he is himself bound 
 thereby. 37 Iowa, 314. S. L. Decisions, 45. 
 
 7. Boards should not involve the district in an indebtedness for the erection of 
 school-houses, by contracts and the issue of orders to exceed the amount voted by 
 the electors, or of available school-house funds. 
 
 8. District townships have no authority to issue bonds or other evidences of 
 indebtedness for the purpose of borrowing money. 
 
 9. Unappropriated school-house funds may be disposed of by the electors, under 
 section 1717, for improvements, such as fencing school-house sites, providing wells, 
 etc., or the same may be transferred to either the teachers' or contingent fund,' 
 and the board, under section 1723, is required to carry out the vote of the electors. 
 S. L. Decisions, 55. 
 
 10. Any unappropriated school-house fund in the district treasury may be used 
 for the erection or repair of school-houses, at the discretion of the board, without 
 action of the electors. 
 
 11. A lightning rod may be supplied as a part of a new house, and paid for from 
 the school-house fund. 51 Iowa, 432. 
 
 12. Before making a contract great pains should be taken to obtain the best 
 possible plan for the building. On this point the law requires consultation with 
 the county superintendent. 
 
 13. Contracts for the erection or repair of school-houses, or for material for the 
 same, exceeding $300, cannot be entered into until proposals have been published 
 at least twenty-eight days. Repairs include furniture. 
 
 14. After the contract is executed, it should be changed with caution, or the 
 sureties may be released. 50 Iowa, 98. 
 
24: SCHOOL LAWS OF IOWA. 
 
 SEC. 1724. They shall fix the site for each school-house, taking into 
 consideration the geographical position and convenience of the people of 
 each portion of the subdistrict, and shall determine what number of 
 schools shall be taught in each subdistrict, and for what additional time 
 beyond the period required by law they shall be continued during each 
 year. 
 
 15. Contracts made in violation of the terms of this section are illegal. Their 
 fulfillment may be prevented by injunction. 
 
 16. The local board of health has undoubted right under chapter 151, section 1(5, 
 laws of 1880, to condemn and close for use as a school-house a building believed by 
 them to be unfit for such purpose. 
 
 17. The district may not form a partnership with any other party in the build- 
 ing of a school-house. This does not prevent the receiving of donations and 
 granting privileges under notes 12 and 15 to section 1753. 
 
 18. District property is exempt from general taxation, from execution, from 
 garnishment, and from mechanic's lien. Sections 707, 3018, 2976, and 54 Iowa, 81. 
 
 19. The legal obligations of the district are the same as those of any other land 
 owner, with regard to fencing. Sometimes a district desires to maintain a differ- 
 ent or better fence than can be required of the party joining. In such cases it is 
 quite customary for districts to build the whole fence. 
 
 20. There is no provision of law for condemning land for a school road. If the 
 land cannot be procured by contract, the road may be established in the same 
 manner and by the proceedings provided for the establishment of highways, and 
 when the damages have been assessed, the district may pay the same. 
 
 SEC. 1724. 1. The power to locate sites for school-houses is vested, originally, 
 exclusively in the board. This authority should be exercised with great care, and 
 without prejudice. S. L. Decisions, 70, 75, and 93. 
 
 2. The wishes of the people, for whom the house is designed, should be con- 
 sulted as far as practicable, taking into account the prospective as well as the 
 present convenience of the subdistrict. S. L. Decisions, 55 and 64. 
 
 3. The power of the board to fix the site carries with it the power to relocate 
 that site. The exercise of this power is a proper and necessary adjunct of the power 
 to make alterations in subdistrict boundaries. 68 Iowa, 161. 
 
 4. An extension of settlements frequently changes the centers of population 
 and necessitates a change of subdistrict boundaries, and the removal of school- 
 houses to central localities in the new subdistricts. 23 Iowa, 408. 
 
 5. A site near the center of the subdistrict should be chosen, unless controlling 
 circumstances indicate a different selection. S. L. Decisions, 39 and 95. 
 
 6. The removal of a school-house from the subdistrict must be first ordered by 
 the electors, at the district township meeting. S. L. Decisions, 43. 
 
 7. As a change of boundaries between subdistricts does not take effect until the 
 subdistrict meeting in March, the board may not move the school-house to accom- 
 modate the proposed new subdistrict until after that time. 
 
 8. If possible, the district should own the sites. In every case, a perfect title 
 should be secured, and the warranty deed recorded, before commencing to build. 
 
 9. The site should contain not less than one acre of ground, ordinarily, and this 
 exclusive of highway. 
 
 10. The provisions of section 1825 do not apply in cases where the site is pur- 
 chased. S. L. Decisions, 86 and 96. 
 
SCHOOL LAWS OF IOWA. 25 
 
 SEC. 1725. (As amended by Chap. 109, Laws of 1876, and Chap. 
 Laws of 1886.) They shall determine where pupils may attend 
 school, and for this purpose may divide their district into such subdis- 
 tricts as may by them be deemed necessary; provided that no such sub- 
 district shall be created for the accommodation of less than h'fteenjpupils, 
 but the board of directors shall have power to rent a room and employ a 
 teacher for the accommodation of any ten scholars; provided further that 
 nothing in this chapter contained shall be construed to prohibit the 
 construction of as many school-houses, out of moneys derived from taxes 
 levied previous to January 1, 1876, in any subdistrict where the subdis- 
 trict comprises the entire district township, as shall have been author- 
 ized and provided for at the annual meeting of the district township 
 electors. 
 
 SEC. 1726. They may establish graded or union schools wherever they 
 may be necessary, and may select a person who shall have the general 
 
 11. Every new site, taken by condemnation under section 1825, must be selected 
 on some public highway, at least forty rods from any residence the owner whereof 
 objects to its being placed nearer, and not in any orchard, garden, or public park; 
 except in incorporated towns or cities. Section 1826. 
 
 12. Boards may rebuild on sites without consent of owners of residences within 
 forty rods. 
 
 13. As regards the length of time during which schools are to be taught in each 
 subdistrict, twenty-four weeks is the minimum. The maximum is unlimited, 
 except as by section 1780, providing a limit to the amount of taxes for contingent 
 and teachers' fund. 
 
 SEC. 1725. 1. All changes in subdistrict boundaries must be made in strict 
 conformity with sections 1738 and 1796. 
 
 2. The words pupils and scholars, as used in this section, mean persons 
 between the ages of live and twenty-one years. 
 
 3. All territory must be included within some school district, and all of a dis- 
 trict township must be included in some subdistrict. Section 1713. S. L. Decis- 
 ions, 80. 
 
 4. A subdistrict is not a corporate body and has no financial claims, nor can it 
 be held liable for debts, except as a part of the district township. Note 3 to sec- 
 tion 1716. S. L. Decisions, 40. 
 
 "5. The board may discontinue or abolish a subdistrict by a readjustment of 
 boundaries, taking effect in March following. 
 
 6. No change in boundaries may be made by the board which leaves any subdis- 
 trict with less than fifteen persons of school age. 
 
 7. In an organized subdistrict, even though there are not fifteen persons of 
 school age, a school must be held, unless the board is excused by the county 
 superintendent. Section 1727. 
 
 8. The board cannot provide an extra school for the accommodation of a less 
 lumber than ten persons of school age. S. L. Decisions, 99. 
 
 9. There is nothing in law to prevent the erection of more than one school- 
 louse in a subdistrict. 69 Iowa, 533. S. L. Decisions, 132. 
 
 SEC. 1726. 1. With their power to establish and maintain graded schools, all 
 boards are invested with the authority to prescribe a course of study in the differ- 
 ent branches to be taught. 
 
26 SCHOOL LAWS OF IOWA. 
 
 supervision of the schools in their district, subject to the rules and regu- 
 lations of the board. 
 
 SEC. 1727. In each subdistrict there shall be taught one or more 
 schools for the instruction of youth between the ages of five and twenty- 
 one years, for at least twenty-four weeks, of five school days each, in- 
 each year, unless the county superintendent shall be satisfied that there 
 is good and sufficient cause for failure so to do. Any person who was- 
 in the military service of the United States during his minority shall be 
 admitted into the schools of the subdistrict in which he may reside on 
 the same terms on which youths between the ages of five and twenty-one 
 are admitted. 
 
 2. A graded school, open to the older and more advanced scholars from every 
 subdistrict, may be advantageously established at some central point in the district 
 township. 
 
 3. It is very desirable that boards, county superintendent, and teachers should 
 work together in efforts to classify and harmonize the work to be done in the 
 ungraded schools. Much may be accomplished by concert of action in carrying; 
 forward some uniform method of classification and instruction. 
 
 4. Boards may bind a corporation by contracts entered into after the election 
 of their successors and before their qualification. 13 Iowa, 555. 
 
 5. Boards may not unnecessarily make contracts to extend beyond their 
 term. 87 111., 255. 
 
 6. While instances, may occur in which the interests of the district will be sub- 
 served by making contracts with teachers and others, which will not expire for 
 months after a change of officers, courtesy as well as justice, dictates the impro- 
 priety of making contracts the execution of which will embarrass successors in 
 office. Ordinarily the board should make contracts only for the year during 
 which they serve. 
 
 SEC. 1727. 1. Unless the county superintendent finds it quite impracticable 
 that a school should be held, and releases the board, it is required by law to provide 
 a school in every subdistrict. 
 
 2. The board may establish more than one school in a subdistrict if necessary 
 for the accommodation of the children, subject to the limitations contained in 
 sections 1725 and 1780. 70 Iowa, 102. 
 
 3. Under section 1724, the board has power to provide for a longer period of 
 school than twenty-four weeks. An additional school in a rented room continues 
 during such time as the board may determine. 
 
 4. Inequalities in the requirements may demand that varying prices should be 
 paid as wages for different schools. S. L. Decisions, 73. 
 
 5. When two school-houses are within the same district, or subdistrict, a school 
 of three months in each, held at the same time, does not fulfill the requirements 
 of the law that a school of at least twenty-four weeks shall be taught. 
 
 6. The school year for school purposes should be regarded as beginning on the 
 third Monday in March, when a new board enters upon its duties. The year for 
 the reports closes in September. 
 
 7. All the youth of the state from five to twenty-one years of age, irrespective 
 of religion, race or nationality, are entitled to the same school facilities. While 
 schools may be graded according to the proficiency of pupils, no discrimination, 
 such for instance as requiring colored pupils to attend separate schools, can be 
 enforced. 21 Iowa, 260. 
 
SCHOOL LAWS OF IOWA. 9J 
 
 SEC. 1728. The board of directors of any district township or inde- 
 pendent district shall not order, or direct, or make any change in the 
 school-books or series of text-books used in any school under their super- 
 intendence, direction, or control, more than once in every period of three 
 years, except by a vote of the electors of the district township ox inde- 
 pendent district. 
 
 CHAPTER 24, LAWS OF 1890. 
 
 AUTHORIZING AND EMPOWERING THE BOARDS OF DIRECTORS OF SCHOOL DIS- 
 TRICTS TO PURCHASE TEXT-BOOKS, AND ALLOWING THE ELECTORS OF DIS- 
 TRICTS AND COUNTIES TO DECIDE THE QUESTION OF UNIFORMITY, AND TO- 
 PROVIDE MEANS AND AUTHORITY FOR PURCHASE OF SCHOOL BOOKS AND- 
 SUPPLIES. 
 
 SECTION 1. The board of directors of each and every district township 
 and independent district in the state of Iowa is hereby authorized and 
 empowered to adopt text-books for the teaching of all branches that are 
 now or may hereafter be authorized to be taught in the public schools of 
 the state, and to contract for and buy said books and any and all other 
 necessary school supplies at said contract prices, and to sell the same to 
 
 8. Persons over twenty-one years of age are not entitled to the benefits of the 
 public schools, except as provided in the latter part of this section. If, however, 
 the school is not full, they and nonresidents may be admitted, in the discretion of 
 the board, upon such terms as the board may prescribe. Section 1794. 
 
 9. Children under five years of age will be more injured by the confinement 
 than benefited by the instruction. They cannot claim the advantages of the school, 
 and should not be allowed to attend. 
 
 SEC. 1728. 1. The change of any text-book in the school under this section does 
 not prevent the board from changing any or all other books at a subsequent time. 
 
 2. Neither subdirector nor teacher has authority to change text-books. 
 
 3. The electors may not vote, nor the board appropriate, money for the pur- 
 chase of text-books for the free use of scholars or teachers. 
 
 CHAPTER 24, LAWS OF 1890. 
 
 SECTION 1. 1. It is evidently not the intention to impose a hardship upon the 
 president, but simply to guard the district against possible loss. The board is not 
 to be considered as released in the slighest degree from its obligation, under the 
 general law, to protect the funds. The bond is required for additional protection. 
 Nor will the fact that the president gives a bond, in any way release the treasurer 
 from his absolute responsibility for all funds of the district coming into his hands, 
 from whatever source. Form 9. 
 
 2. While the president is held responsible under his bond for the books and 
 moneys while in his hands, it is not to be presumed that he must of necessity per- 
 sonally handle and retail the articles sold. In many cases it will be desirable to 
 engage some one to undertake for him the work of making changes of books, and 
 of keeping the needed school supplies for sale. 
 
 3. There is no provision of law by which the board may relieve the president 
 of his duty to become responsible for the care and handling of the books. The 
 
28 SCHOOL LAWS OF IOWA. 
 
 the pupils of their respective districts at cost, and said money so received 
 shall be -returned to the contingent fund; that the books and supplies 
 which are purchased under the provisions of this section shall be under 
 the charge of the president of each board of directors, that he shall care 
 therefor and receive all moneys for books sold, and he shall be respon- 
 sible for all such books and moneys, and he shall give a bond in the sum 
 of five hundred dollars with sureties to be approved by the county board 
 of supervisors to insure the faithful performance of such duties. 
 
 SEC. 2. All the books and other supplies, purchased under the pro- 
 visions of this act, shall be paid for out of the contingent fund, and the 
 board of directors shall annually certify to the board of supervisors 
 the additional amount necessary to levy for the contingent fund of said 
 district to pay for such books and supplies. But such additional amount 
 shall not exceed in any one year the sum of one dollar for each pupil 
 residing in the district township or independent school district, and the 
 amount so levied shall be paid out on warrants drawn for the payment 
 of books and supplies only, but the district shall contract no debt for that 
 purpose. 
 
 board may not place them in charge of a local dealer, or of any other person but 
 the president. 
 
 4. The president may not receive pay for any services required of him by the 
 law. Nor has the board power to pay a commission or other amount to a dealer, 
 or to any other person, for keeping, selling, or caring for the books and supplies. 
 
 o. We think the words any and all other necessary school supplies are intended 
 to include only such articles as it is customary for parents to purchase for the use 
 of their children in school work. For instance, globes and charts have not been 
 furnished by the children. They cannot be bought with the money of the district, 
 resold, and the money returned to the contingent fund as directed by the law. 
 
 6. Text-books of every variety, in all classes and grades, and all kinds of sup- 
 plies usually purchased by the children for use in the schools for the purposes of 
 instruction, may be purchased under this act. 
 
 7. It is desirable that the cost to the pupil shall be the lowest possible. Any 
 extra expense connected with securing the books should not be added to their 
 purchase price, but should be paid out of the contingent fund, upon separate 
 orders. In this way the cost to the purchaser will agree with the contract price, 
 and uniformity in cost for the same book will be common in many districts and 
 counties. 
 
 SEC. 2. 1. Any contingent fund on hand may be used to purchase books and 
 supplies. As the proceeds from sales must be returned at once to the contingent 
 fund, no large additional amount will ordinarily be needed to enable the average 
 district to secure books and supplies under this law. 
 
 2. When the board is estimating the levy for the contingent fund, it may 
 include in the estimate an amount needed to pay any necessary expense connected 
 with securing the books. But as indicated in section 1, and notes, no one can be 
 paid for handling the books. 
 
 3. All payments under this chapter must be made in strict accordance with the 
 other provisions of law governing the disbursement of school moneys. No order 
 for any purpose may be drawn until the account has been regularly audited by 
 the board. 
 
SCHOOL LAWS OF IOWA. 29 
 
 SEC. 3. In the purchasing of text-books it shall be the duty of the 
 board of directors or the county board of education to take into consider- 
 ation the books then in use in the respective districts, and they may buy 
 such additional number of said books as may from time to time become 
 necessary to supply their schools, and they may arrange on equitable 
 terms for exchange of books in use for new books adopted. 
 
 SEC. 4. If at any time the publishers of such books as shall have 
 been adopted by any board of directors or county board of education, 
 shall neglect or refuse to furnish such books when ordered by said board 1 
 in accordance with the provisions of this act, at the very lowest price, 
 either contract or wholesale, that such books are furnished any other 
 district or state board, or were furnished to any other district or state board, 
 in the year 1889, then said board of directors or county board of educa 
 tion may, and it is hereby made their duty to bring suit upon the bond' 
 given them by the contracting publisher. 
 
 SEC. 5. Before purchasing text-books, under the provisions of thi& 
 act, it shall be the duty of the board of directors, or county board of ed- 
 ucation, to advertise, by publishing a notice for three consecutive weeks 
 in one or more newspapers published in the county; said notice shall 
 state the time up to which all bids will be received, the classes and grades 
 for which text-books and other necessary supplies are to be bought, and 
 the approximate quantity needed; and said board shall award the contract 
 for said text-books and supplies to any responsible bidder or bidders 
 offering suitable text-books and supplies, at the lowest prices, taking into 
 consideration the quality of material used, illustrations, binding and all 
 other things that go to make up a desirable text-book; and may to the 
 end that they may be fully advised, consult the county superintendent; 
 or, in case of city independent districts, with city superintendent or other 
 competent persons, with reference to the selection of text- books, provided, 
 that the board may reject any and all bids, or any part thereof, and re- 
 advertise therefor as above provided. 
 
 SEC. 6. It shall be unlawful for any board of directors, or county 
 board of education, except as provided in section 4, to displace or change 
 
 SEC. 3. 1. There has never been in this state, nor is there at present, any 
 
 authority of law for the furnishing of free text-books. 
 2. The provision allowing books in use to be exchanged on equitable terms for 
 
 the new books adopted, will assist very materially in securing uniform books, as 
 
 well as in reducing the expense to the people. 
 
 The good of the schools would be best advanced if it were ordered that the 
 true book or books in any branch must be used in all the schools of the same 
 rade in the district. This will simplify the purchase, and also facilitate the intro- 
 
 luction of uniform books. 
 
 SEC. 5. Since the period of adoption is an extended one, it is essential that the 
 jst books obtainable be chosen. The knowledge and experience of the county 
 iperintendent render him peculiarly qualified to advise the board as to its choice. 
 
30 SCHOOL LAWS OF IOWA. 
 
 any text-book that has been regularly adopted and introduced under the 
 provisions of this act, before the expiration of five years from the date 
 of such adoption, unless authorized to do so by a majority of the electors 
 present and voting at their regular annual meeting in March, due notice 
 of said proposition to change or displace said text-books having been in- 
 cluded in the notice for the said regular meeting. 
 
 SEC. 7. Any person or firm desiring to furnish books or supplies 
 under this act, in any county, shall, at or before the time of filing his bid 
 hereunder, deposit in the office of the county auditor samples of all 
 text-books included in his bid, accompanied with lists giving the lowest 
 wholesale and contract price for the same. And said samples arid lists 
 shall remain in the county auditors office, and shall be delivered by him 
 to his successor in office; and shall be kept by him in such safe and con- 
 venient manner as to be open at all times to the inspection of such 
 school officers, school patrons, and school teachers as may desire to 
 -examine the same, and compare them with others, for the purpose of 
 use in the public schools. The board of directors and county board of 
 education mentioned shall require of any person or persons with whom 
 they contract for furnishing any books or supplies to enter into a good 
 and sufficient bond in such sum and with such conditions and sureties as 
 may be required by such board of directors or county board of education 
 for the faithful performance of any such contract. 
 
 SEC. 8. When a petition shall have been signed by one-half the school 
 directors in any county, and the same shall have been filed in the office 
 of the county superintendent of said county, at least thirty days before 
 the annual school elections in March, asking for a uniform series of text- 
 books in the county, then the said county superintendent shall notify the 
 county auditor and the board of supervisors of such petition. Such no- 
 tice shall be in writing and shall be served or delivered as soon as possi- 
 ble, and within fifteen days after the filing of the petitions provided for 
 herein, the board of education, provided for in section 9, shall meet and 
 provide for the submission of the question of county uniformity. 
 
 SEC. 9. The county superintendent, the county auditor, and the 
 county board of supervisors shall constitute a board of education, whose 
 duty it shall be to arrange for a vote by the electors at the annual meet- 
 ing in March, for or against county uniformity of school text-books 
 
 SEC. 8. It is intended that at least one-half of the individuals composing all 
 boards, except those of city and town districts, shall sign the petition referred to. 
 Form 12. 
 
 SEC. 9. 1. The county board of education is a continuous body. 
 
 2. County boards of education will from time to time make such rules and regu- 
 lations as seem to them necessary to carry out the purpose and spirit of the law. 
 
 3. Purchases of records, dictionaries, apparatus, and similar supplies for the 
 use of the district may not be made by contract under this law, but such articles 
 
SCHOOL LAWS OF IOWA. 31 
 
 under such rules and regulations as said board of education may deter- 
 mine. Should a majority of the electors voting at uuch election, favor a 
 uniform series of text-books for use in said county, then the county 
 board of education shall meet and select the school text-books for the 
 entire county, and contract for the same under such rules and regulations 
 as the said board of education may adopt. When a list has been so 
 .-selected, they shall be used by all the public schools of said districts, and 
 the board of education may arrange for such depositories as they may, 
 -deem best, and may pay for said school books out of the county funds 
 and sell them to the school districts at the same price as provided for in. 
 section one of this act, and the money received from said sales shall be 
 returned to the county funds by said board of education monthly. The 
 boards of school officers, who are made the judges of the school meet- 
 ings, shall certify to the board of supervisors the full returns of the votes 
 <cast at said meetings the next day after the holding of said meetings, who 
 shall, at their next regular meeting, proceed to canvass said votes and 
 declare the result. 
 
 will be bought for cash as heretofore, with unappropriated contingent fund in the 
 treasury, as provided by section 1729. 
 
 4. The county board of education must cause the books to be sold to the people 
 direct, under such regulations as the board may adopt. 
 
 5. Security by bond made payable to the county, may be required from depos- 
 itaries. But the fact that the money from sales must be returned to the county 
 funds monthly, will lessen the need for as much security as would be necessary, if 
 a large sum of money could be held by a depositary for a long time. 
 
 6. Under county uniformity, of course no bond is required from presidents, as 
 the boards of the different districts have nothing whatever to do with the handling 
 of the books and supplies. 
 
 7. The county board of education should arrange for a sufficient number of 
 depositories to accommodate fully the people of every district in the county. 
 
 8. ^fhe law does not require bonds from depositaries. 
 
 9. It would promote an equality of price for the same book in the several 
 counties, if any slight extra expense connected with securing or handling the 
 books were not added to the contract price, but paid for from the county funds, by 
 the board of supervisors. In this way, the books and supplies may be sold to the 
 people at cost, the same as provided under sections 1 and 2, when purchase is 
 made by a district. 
 
 10. The judges of the school meetings are, in district townships, those referred to 
 in subsection 1 of section 1717, and in independent districts, those named in section 
 1808. 
 
 11. It is apparent that there will be many questions arising in the application of 
 this act, upon which we cannot venture an opinion. Any matter in which the 
 binding force or validity of a contract is involved, can be determined only by the 
 courts of law. 
 
 The county attorney is the legal adviser of the county board of education, 
 and he should be fieely consulted on questions upon which the board may be in 
 doubt. 
 
32 SCHOOL LAWS OF IOWA. 
 
 SEC. 10. The county superintendent shall, in all cases, be chairman 
 of the county board of education, and the county auditor shall be the 
 secretary, and a full and complete record shall be kept of their proceed- 
 ings in a book kept for that purpose, in the office of the county superin- 
 tendent. A list of text-books so selected, with their contract prices, 
 shall be reported to the state superintendent with the regular annual 
 report of the county superintendent. 
 
 % SEC. 11. It shall be unlawful for any school director, teacher or mem- 
 ber of the county board of education to act as agent for any school text- 
 books or school supplies during such term of office or employment, and any 
 school director, officer, teacher or member of the county board of educa- 
 tion who shall act as agent or dealer in school text-books or school sup- 
 plies, during the term of such office or employment, shall be deemed 
 guilty of a misdemeanor, and shall upon conviction thereof, be fined not 
 less than ten dollars nor more than one hundred dollars, and pay the 
 costs of prosecution. 
 
 SEC. 12. The provisions .of sections 8, 9 and 10 of this act shall not 
 apply to schools located within cities or towns, nor shall the electors of 
 said cities or towns vote upon the question of county uniformity, but 
 nothing herein shall be so construed as to prevent such schools in said 
 cities and towns from adopting and buying the books adopted by the 
 county board of education at the prices fixed by them, if by a vote of the 
 electors they shall so decide. 
 
 SEC. 13. All acts or parts of acts in conflict with the provisions of 
 this act are hereby repealed. 
 
 SEC. 1729. They may use any unappropriated contingent fund in the 
 treasury to purchase records, dictionaries, maps, charts, and apparatus 
 
 SEC. 11. 1. We think the intention of this section is to prohibit any of the 
 persons named from engaging in any business in connection with school text- 
 books or supplies, by which his pecuniary interests might be brought in conflict 
 with his official duties. 
 
 2. The fact that a person is subject to the penalties named, for violating the 
 provisions of this section, will not operate to deprive him of his office or position. 
 
 SEC. 12. 1. All the provisions of this act, except sections 8, 9 and 10, apply to 
 city and town independent districts, and such districts may purchase books and 
 supplies in the same manner as other districts, as provided by sections 1 to 7, 
 inclusive. 
 
 2. The provisions of sections 8, 9 and 10, apply to villages and towns in dis- 
 trict townships and in rural independent districts, such towns being a part of and 
 included in the school districts in which they are situated. 
 
 3. It is intended that all forms of districts except those included in sections 
 1800-1806, shall be subject to county uniformity, if such uniformity is ordered. 
 
 SEC. 1729. 1. The law does not contemplate any purchase of maps, charts, or 
 other apparatus, that cannot be paid for with surplus contingent funds. 80 Iowa, 
 121. 
 
SCHOOL LAWS OF IOWA. 33 
 
 for the use of the schools of their districts, but shall contract no debts 
 for this purpose. 
 
 SEC. 1730. They shall appoint a temporary president and secretary 
 in case of the absence of the regular officers, and shall fill any vacancy 
 that may occur in the office of president, secretary, or treasurer, or in 
 the board of directors. 
 
 2. Purchases of records, dictionaries, apparatus, and similar supplies for the 
 use of the district may not be made by contract under chapter 24, laws of 1890, but 
 all such articles will be bought for cash with unappropriated contingent fund ia 
 the treasury. 
 
 3. For a board to buy charts or other apparatus with the intention of after- 
 wards certifying contingent funds to pay for the same, is a cle^ar violation of the 
 law. Members and officers so violating law may become personally liable. 37 
 Iowa, 314 and 38 Iowa, 47. 
 
 4. The tendency of uur courts to hold boards to the strict construction of the 
 law has seemed to be needed in order to protect the people, in many cases, from 
 the misrepresentations of agents for supplies, who willingly take orders for 
 apparatus at their risk, but also at great annoyance to districts and often to the 
 detriment of the schools. 67 Iowa, 164. 
 
 5. There can be no doubt that one of the purposes of the school is to teach 
 patriotism to the children . The board may use contingent funds in the treasury, 
 not needed to keep the schools in operation during the year, to purchase a flag to 
 be used as apparatus in the school room, on the school building, or upon the school 
 grounds. 
 
 6. A debt against the school-house fund may be contracted for any of the 
 articles included in this section, if the electors at their annual meeting have 
 directed what purchases shall be made, 28 Iowa, 332. 
 
 SEC. 1730. ]. A vacancy can be created by death, removal, resignation, failure 
 to elect, or failure to qualify on or before the third Monday in March. 
 
 2. If a subdistrict is divided, so as to form a new one, the resident subdirector 
 will continue to act as though no change had been made, until the following sub- 
 district election. 
 
 3. If a person without the requisite qualifications, is elected a member of the 
 board and acts with the board, being a member de facto, his acts will be valid, but 
 when his disqualification becomes known, the board should declare the place 
 vacant and appoint his successor. 23 Iowa, 96. 
 
 4. A board may ratify or adopt such acts of officers de facto as the law would 
 permit officers de jure to perform. 
 
 5. School directors may resign at any time. A verbal or a written resignation 
 may be tendered to the board when in session, or a written resignation may be 
 handed to some member to be presented at a subsequent meeting, for acceptance 
 
 y the board. 
 
 6. No one can be compelled to serve as a member or officer of the board 
 gainst his wishes. 
 
 7. When a director habitually or wilfully neglects the duties of his office, he 
 may be compelled by mandamus to perform them. S. L. Decisions, 100, 128, and 
 137. 
 
 8. Boards have no authority to remove any member or officer of the board, 
 uch removal may be made only by the courts as provided by sections 746-750, 
 
 de. 
 3 
 
34: SCHOOL LAWS OF IOWA. 
 
 SEC. 1731. They shall require the secretary and treasurer to give 
 bonds to the district in such penalty and with such security as they may 
 deem necessary to secure the district against loss, conditioned for the 
 faithful performance of their official duties. The bonds shall be filed 
 with the president, and in case of a breach of the conditions thereof he 
 shall bring suit thereon in the name of the district township or independ- 
 ent district. 
 
 SEC. 1732. They shall, from time to time, examine the accounts of the 
 treasurer and make settlement with him; and shall present, at each reg- 
 ular meeting of the electors of the district township, a full statement of 
 the receipts and expenditures of the district township, and such other 
 information as may be deemed important. 
 
 SEC. 1733. They shall audit and allow all just claims against the dis- 
 trict, and fix the compensation of the secretary and treasurer, and no 
 
 9. In case the board is reduced below a quorum by resignation, or otherwise, 
 the township trustees must call a special election to fill vacancies, as provided by 
 section 1714. 
 
 SEC. 1731. 1. The law requires all official bonds to be secured by at least two 
 sureties who are freeholders, and whose aggregate property is double the amount 
 of the bond, the oath of office to be subscribed on the back of the bond, or attached 
 thereto, and the sureties to make affidavit that they are worth the amount named 
 in the bond. Section 249, 250, 675 and 679, Code. Form 14. 
 
 2. As the bonds of the secretary and treasurer must be approved by the board, 
 no member should become surety for one of these officers. 
 
 3. Any officer whose duty it is to give bonds for the proper discharge of the 
 duties of his office, and who neglects so to do, is guilty of a misdemeanor, and is 
 liable to a fine. Sections 684 and 3965, Code. 
 
 4. A board approving bonds known to be insufficient, does not discharge the duty 
 incumbent upon it, and is liable under section 3965, Code, on a charge of misde- 
 meanor. Iowa Reports, 14, 510; 18, 153. 
 
 SEC. 1732. 1. The interest and protection of the taxpayers require that such 
 settlement should be made at least twice a year, and more frequently if deemed 
 necessary, and the settlement at the end of the term requires that the funds and 
 property shall be produced and fully accounted for, and that these facts should be 
 indorsed upon the new bond of the treasurer, if he is re-elected. Section 690, 
 Code, quoted in note 7 to section 1747. 69 Iowa, 269. 
 
 2. Whenever the board thinks it necessary, security additional to that already 
 given may be required of the treasurer. Section 773, Code. 
 
 3. This section contemplates that a full report of the affairs of the district shall 
 be made by the board at each annual meeting of the electors. This work appro- 
 priately devolves upon the president, unless the board designates some other 
 member. When practicable the report may be published in a newspaper. 
 
 SEC. 1733. 1. All demands, whether by contract or otherwise, must be 
 approved by the board when in session, before an order may be drawn on the 
 treasury, and no officer should draw an order unless he is authorized to do so by 
 a vote of the board, at a regular or special meeting. 
 
 2. Only the secretary and the treasurer may receive compensation for the dis- 
 charge of duties required by law. Section 1738 and 78 Iowa, 37. 
 
SCHOOL LAWS OF IOWA. 35 
 
 order shall be drawn on the treasury until the claim for which it is drawn 
 has been audited and allowed. 
 
 SEC. 1734. They shall visit the schools in their district, and aid the 
 teachers in establishing and enforcing the rules for the government of 
 the schools, and see that they keep a correct list of the pupils, embracing 
 
 3. It is the duty of the board to examine all contracts for the employment of 
 teachers, and the construction of school-houses, or for any other purpose, and to 
 see that the stipulations have been complied with, before directing the payment of 
 money thereon. 
 
 4. A member may relieve himself of the responsibility of an illegal act of the 
 board, by moving that the ayes and noes be taken, and voting no. In case 'of pros- 
 ecution the liability of such member may be materially lessened. 
 
 5. The board may authorize the .president and secretary to draw warrants for 
 the payment of teachers' salaries at the end of each school month, upon proper 
 evidence that the service has been performed, but the order for wages for the last 
 month should not be drawn until the full report required by section 1760 is filed in 
 the office of the secretary. 
 
 6. School orders issued without a vote of the board or otherwise illegally issued, 
 although they may be signed by the president and countersigned by the secretary, 
 are not binding upon the district, neither can they acquire validity by being trans- 
 ferred to third parties. If illegal when issued, they are illegal forever. 19 Iowa, 
 199 and 248. S. L. Decisions, 38. 
 
 7. An order is not a negotiable paper. It is subject to all equities and defenses 
 to which it would have been subject in the hands of the payee. 22 Iowa, 595 and 
 29 Iowa, 339. 
 
 SEC. 1734. 1. Boards have entire control over the public schools of their district 
 and the teachers employed therein. 
 
 2. Rules and regulations governing teachers and scholars, may be adopted and 
 enforced by the board, as the best interests of the schools may seem to require. 
 S. L. Decisions, 49 and 91. 
 
 3. The force and effect of any motion adopted by the board does not terminate 
 with a change of officers or members, but remains in force until repealed. 
 35 Iowa, 361. 
 
 4. The teacher is the agent of the board, and rules made by him and enforced 
 with either the formal or tacit consent of the board, are in effect the rules of the 
 board. 
 
 5. If it is understood that the principal of a school has charge of other rooms 
 besides his own, he has the same power in managing the children that is by law 
 g-iven to other teachers. 
 
 6. The board of every district should adopt a carefully prepared course of study, 
 to which the electors may add other branches. 
 
 7. The law does not prescribe clearly the several branches that shall be taught 
 in the public schools, further than to require the teachers to be qualified to teach 
 certain branches enumerated. It is plainly implied that all those common branches 
 are to be included in every course of study. 
 
 8. In the absence of instruction by the electors, the board should decide what 
 >ranches in addition to those in a teacher's examination, shall be taught. 
 
 9. The board of every district has the right to include music, drawing, or any 
 ler branch, in the course of study. 
 
36 SCHOOL LAWS OF IOWA. 
 
 the periods of time during which they have attended school, the branches 
 taught, and such other matters as may be required by the county super- 
 intendent. In case a teacher employed in any of the schools of the dis- 
 trict township is found to be incompetent, or is guilty of partiality or 
 dereliction in the discharge of his duties, or for any other sufficient 
 
 10. It is the duty of the teacher, under the direction of the board, to determine 
 what branches can best be pursued by each pupil. 
 
 11. Without special mention in the teacher's contract, it is understood that only 
 the common branches and those included in the course of study for the school are 
 expected to be taught. 
 
 12. If it is desired that higher arithmetic, or any other advanced study, shall be 
 taught in one or more schools in the district, the board should include such branch 
 in the course of study for such school or schools. 
 
 13. It is not within the province of individual persons to demand instruction 
 outside the branches usually taught. 
 
 14. Every scholar must study physiology and hygiene, including the effects of 
 stimulants and narcotics, until the outline iipon that branch, as prepared by the 
 board, has been completed. 
 
 15. It becomes the duty of every teacher to follow the plan of work indicated 
 in the course of study. When difficulties are met, if no other person has general 
 supervision, the matter may be brought to the attention of the board. 
 
 16. As regards classification, the board has absolute control. But as the teacher 
 is by common consent presumed to know what will be best for all, custom has 
 left to him the making of the program and the placing of scholars in the proper 
 classes. In doing this, however, he acts for the board, and any complaint should 
 not be made to the teacher, but to the board. 
 
 17. If a scholar is found to be so deficient in the common branches that he is 
 unable to take the work in a class more advanced, without detriment to the class 
 and to himself, it is plain that he may be classified in each branch" where he is 
 likely to receive the greatest good. The penalty for not pursuing a suitable 
 course of study will be found in the fact that such scholars may be denied promo- 
 tion, and may not be allowed to graduate. 
 
 18. In connection with the course of study, the board should designate the 
 teaching helps and apparatus to be used, and should also arrange to furnish such 
 appliances as soon as they are needed. 
 
 19. A conscientious compliance with the requirements regarding visitation 
 would greatly increase the efficiency of the schools. There are very many things 
 that may be best ascertained by visiting the school, inspecting the work of the 
 pupils, and conversing with the teacher. The teacher can accomplish the best 
 results only when he is sure of the hearty co-operation and support of the board. 
 
 20. It is the duty of every board to see that the teachers comply strictly with 
 all requirements made by the county superintendent, as well as with all rules 
 made by the board. S. L. Decisions, 135. 
 
 21. Every teacher in the county may be required to make such reports, agree- 
 ing with the spirit of the law, as the county superintendent may request, in such 
 form and at such reasonable times as the county superintendent may determine. 
 
 22. The continued refusal to comply with all uniform and reasonable regula- 
 tions made by the county superintendent, or by a board, on the part of any one 
 employed as teacher, would constitute good cause for revocation or subsequent 
 refusal of certificate, or for dismissal by the board. 
 
SCHOOL LAWS OF IOWA. 37 
 
 cause shown, the board of directors may, after a full and fair investiga- 
 tion of the facts of the case, at a meeting convened for the purpose, at 
 which the teacher shall be permitted to be present and make his defense, 
 discharge him. 
 
 SEC. 1735. The majority of the board in independent district^ shall 
 have power, with the concurrence of the president of the board of 
 
 23. By universal consent, and certainly by the spirit of our school law, it is 
 expected of teachers that they refrain from improper language, keep the Sabbath 
 day with respect, and in every other way avoid practices or company that are 
 demoralizing in their tendencies. 
 
 24. Teachers are entitled to the support and co-operation of the board. It is 
 alike due to the dignity of the board and the rights of the teacher that no one 
 should be discharged except after thorough investigation and the clearest prod f . 
 If possible, the teacher should be shielded from the stigma of discharge. 
 
 25. In the trial of a teacher, when it is sought to dismiss him, all the provisions 
 of section 1734 must be strictly complied with. The board must allow the teacher 
 to make a full defense, and the teacher may appear by attorney, or otherwise, as 
 he chooses. 
 
 26. Boards may dismiss teachers only for good cause shown. In case the board 
 passes an order to dismiss, the material reason therefor should be spread upon the 
 record, for, while in case of contest, these reasons would not be conclusive 
 against the teacher, the board would be estopped from presenting other reasons 
 than those named in the record. 
 
 27. When a teacher is unjustly dismissed, an appeal may be taken from the 
 action of the board in dismissing him, but a suit at law must be brought, if he 
 .seeks to recover his pay upon the contract. The teacher should be paid only to 
 the date of legal dismissal. 53 Iowa, 585. 
 
 SEC. 1735. 1. The board will be justified in refusing to permit the attendance 
 of a pupil whose parent will not consent that he shall obey the rules of the school. 
 50 Iowa, 145. 
 
 2. The right to attend school is not absolute, but is conditional upon compli- 
 ance with the rules and the essential conditions. 
 
 3. A board may not adopt a rule which will deprive a child of school privileges, 
 except as a punishment for breach of discipline or an offense against good morals. 
 50 Iowa, 476. 
 
 4. It is competent for boards to provide by rules that pupils may be suspended 
 from the schools in case they shall be absent or tardy a certain number of times 
 within a fixed period, except for sickness or other unavoidable cause. 31 Iowa, 562. 
 
 5. The parent has no right to interfere with the order or progress of the school 
 by detaining his child at home, or by sending him at times that prove an annoy- 
 ance or hindrance to others. 31 Iowa, 562. 
 
 6. If the eJHects of acts done out of school hours reach within the school room 
 during school hours, and are detrimental to good order and the best interests of 
 the pupils, it is evident that such acts may be forbidden. 31 Iowa, 562. 
 
 7. We believe our courts will sustain boards in recognizing flagrant offenses 
 having a direct and immediate tendency to injure the school, to bring contempt 
 upon the teacher, or to subvert the authority of the board, even though such offenses 
 may be committed away from the school grounds, and out of school hours. And . 
 if boards iind it necessary in their opinion, to adopt and enforce reasonable regu- 
 
 
38 SCHOOL LAWS OF IOWA. 
 
 directors, to dismiss or suspend any pupils from the school in their dis- 
 trict for gross immorality or for a persistent violation of the regulations 
 or rules of the school, and to readmit them if they deem proper so to do. 
 
 lations in such cases, we believe their action will not be interfered with by the 
 courts. 
 
 8. The regulations of the state board of health require every person entering any 
 public school to give satisfactory evidence of protection by vaccination. Local 
 boards of health have the power to require protection in all schools, and of all 
 children, or even all persons within their jurisdiction. It is well established that 
 schools are among the most prolific sources of the spread of contagious diseases. 
 
 9. The board should exclude children coming from houses where there are con- 
 tagious diseases, and may also enforce a rule that children not vaccinated 
 shail be excluded until they have complied with such reasonable regulation. 
 
 10. The law does not provide that the board is compelled to give scholar or par- 
 .ents notice or chance for defense, before ordering suspension or expulsion of the 
 
 scholar. The board has large discretionary powers. This is one of the matters 
 which come wholly within its discretion. But it would be well for the board 
 carefully to investigate the charges, before dismissing any scholar. S. L. Decisions, 
 91. 
 
 11. For good cause, a teacher may suspend without fixing the time, notice being 
 also at once given to the board. 
 
 12. Suspension is the separation of the scholar from the school for a limited 
 time, and it may be either for bad conduct, for absence, or as a sanitary measure. 
 
 13. The period of time fixed by the board during which suspension or expulsion, 
 shall be in force, should be clearly indicated. Conditions upon which earlier 
 readmission is provided for, may very properly be given in the same connection. 
 
 14. The true idea is to bring all within the salutary influence of the school, and 
 to drive none out, but cases sometimes occur in which it becomes necessary for the 
 board to protect the rights of the many by excluding a scholar whose presence 
 and example are a constant menace to the successful progress of the school. 
 
 15. The teacher has control over scholars during school hours, unless restricted 
 by a rule of the board. He may require a scholar to remain in his seat during 
 recess as a punishment. However, it is not wise to deprive children, to any great 
 extent, of the exercise necessary to their physical well-being. 
 
 16. A teacher may not detain a scholar after school hours, against the wish of 
 the parent. 
 
 17. Teachers should exercise watchful care and oversight as regards the conduct 
 and habits of their scholars, not only during school hours, recesses and intermis- 
 sions, but also within reasonable limits while they are coming to and returning 
 home from school. 
 
 18. The teacher is responsible for the discipline of his school, and for the prog- 
 ress and deportment of his scholars. It is his imperative duty to maintain good 
 order and require of all a faithful performance of their duties. If he fails to do 
 so he is unfit for his position. To enable him to discharge these duties effectually, 
 he must necessarily have the power to enforce prompt obedience to his requests. 
 For this reason the law gives him the power, in proper cases, to inflict punish- 
 ment upon refractory scholars. S. L. Decisions, 49 and 71. 
 
 19. In applying correction, the teacher must exercise sound discretion and 
 judgment, and should choose a kind of punishment adapted not only to the 
 
SCHOOL LAWS OF IOWA. 39 
 
 SEC. 1T36. They shall at their regular meeting in March of each year 
 require the secretary to file with the county superintendent, county 
 auditor and county treasurer, each, a certificate of the election, qualifica- 
 tion and post office address of the president, treasurer, and secretary of 
 the district township, and to advise them from time to time _of _any 
 changes made in said offices by appointment. 
 
 SEC. 1737. They shall make such rules and regulations as may be 
 necessary for the direction and restriction of subdirectors in the dis- 
 charge of their official duties, and not inconsistent with law. 
 
 SEC. 1738. A majority of the board of directors shall be a quorum to 
 transact business, -but a less number may adjourn from time to time, and 
 no tax shall be levied by the board after the third Monday in May; nor 
 shall the boundaries of subdistricts be changed except by a vote of the 
 
 offense, but to the offender. Corporal punishment is a severe remedy, and its 
 use should be reserved for the baser faults. S. L. Decisions, 48. 
 20. In 50 Iowa, 145, the suggestion is made that expulsion by the board rather 
 than severe corporal punishment by the teacher, is a good remedy in case of a 
 repeated violation of the rules. 
 
 SEC. 1736. It is very important that the secretary should file the certificate with 
 the county officers named, immediately after the regular meeting of the board in 
 March and September, otherwise funds belonging to the district may be paid to 
 persons not authorized to receive them. Whenever a change is made the county 
 officers should be notified. Form 15. 
 
 SEC. 1737. These rules should be carefully prepared, adopted by the board and 
 recorded, and each subdirector should be furnished with a copy. They may prop- 
 erly provide all restrictions, not in conflict with law, which the board may see tit 
 to adopt for the guidance of subdirectors. They may direct that a subdirector 
 may not teach his own school; that no contracts shall be made by him which do 
 not expire with the school year; and that he may not engage as teacher a near rela- 
 tive or a connection unless he has obtained the previous consent of a majority of 
 the board, nor employ any teacher to whom a majority of the electors or patrons 
 object in writing. Section 1753, and notes. 
 
 SEC. 1738. 1. As to the proper course to pursue when the board is reduced 
 below a quorum, see note 9 to section 1730. 
 
 2. In the absence of a direct provision of law, or of a by-law requiring a 
 majority vote of all the board, or one providing that the highest vote shall carry, 
 or a rule imposing some other limitation upon the board, a majority of the votes 
 cast, a quorum being present, will carry a measure. 
 
 3. Our supreme court has held that the provision of this section that no tax 
 shall be levied by the board after the third Monday in May, is mandatory, and 
 that a tax voted after that time is void. 73 Iowa, 304. This decision renders it 
 essential that boards act promptly, and see that all taxes are determined and certi- 
 fied within the time required by law. Section 1777. 
 
 4. A change of subdistrict boundaries is illegal and void, unless made by a 
 majority of the whole board. 
 
 5. Any compensation paid to any other member of the board than the secretary 
 md treasurer, for the performance of official duties, is in direct opposition to the 
 law, and an open violation of the oath of office. For locating sites, or receiving 
 
 mildings on the completion of contracts, a member clearly cannot receive pay. 
 
40 SCHOOL LAWS Ol IOWA. 
 
 majority of the board, nor shall the members of the board, except its 
 secretary and treasurer, receive pay out of any school funds for services 
 rendered under this chapter. 
 
 CHAPTER 64, LAWS OF 1874. 
 INDUSTRIAL EXPOSITIONS IN SCHOOLS. 
 
 SECTION 1. It shall be the duty of the board of directors of independ- 
 ent school districts, and the subdirector of each subdistrict, if they should 
 deem it expedient, under the direction of the county superintendent, to 
 introduce and maintain an industrial exposition in connection with each 
 school under their control within this state. . 
 
 SEC. 2. These expositions shall consist of useful articles made by the 
 pupils, such as samples of sewing, and cooking of all kinds, knitting, 
 crocheting, and drawing, iron- and wood-work of all kinds, from a plain 
 box or horseshoe to a house or steam engine in miniature; also, all other 
 useful articles known to the industrial world, or that may be invented by 
 the pupils, in connection with farm and garden products in their season, 
 that are the results of their own toil. 
 
 SEC. 3. The pupils shall be required to explain the use and method 
 of their work, and kind and process of culture of farm and garden prod- 
 ucts. 
 
 SEC. 4. The parents and friends of pupils shall be allowed and 
 requested to be present at said expositions. 
 
 SEC. 5. Ornamental work shall be encouraged when accompanied by 
 something useful made by the same pupil. 
 
 SEC. 6. These expositions shall be held in the school room upon a 
 school day as often as once a term, and not oftener than once a month. 
 
 CHAPTER 23, LAWS OF 1882. 
 
 REQUIRING BOARDS TO SET TREES ON SCHOOL GROUNDS. 
 
 SECTION 1. The board of directors of each district township and inde- 
 pendent district, shall cause to be set out and properly protected, twelve 
 
 6. A member may not be employed by the board to oversee the building of a 
 school-house and receive pay therefor, or to act in any like capacity for which he 
 would be paid from the funds of the district. Such engagement is contrary to 
 public policy and clearly illegal. 78 Iowa, 37. 
 
 7. The board may receive and act upon communications from persons selected 
 outside the board to report upon matters referred to such persons as a committee. 
 
 8. An official trust cannot be delegated. Neither the board nor any member 
 may appoint a substitute to perform the official duties of a member or of the 
 board. 
 
 9. A vote may be rescinded, if matters have not become involved making such 
 reconsideration impossible, such as the acceptance of a contract under the vote in 
 question, or the filing of an appeal. 
 
SCHOOL LAWS OF IOWA. 41 
 
 or more shade-trees on each school-house site belonging to the district, 
 where such number of trees are not now growing, and such expense shall 
 be paid from the contingent fund. 
 
 SEC. 2. It shall be the duty of the county superintendent in visiting 
 the several schools in his county, to call the attention of any board of 
 directors neglecting to comply with the requirements of this statute, and 
 the required number of shade-trees shall be planted as soon thereafter as 
 the season will admit. 
 
 SEC. 3. That section 1745, of the Code, be amended by adding an 
 additional item at the end of said section, as follows: 12. The number 
 of trees set out and in thrifty condition on each school-house grounds. 
 
 CHAPTER 149, LAWS OF 1882. 
 (As amended by Chap. 107, Laws of 1886.) 
 
 ENABLING BOARDS TO INSURE SCHOOL PROPERTY. 
 
 SECTION 1. The board of directors of all school districts, organized 
 under any of the laws of this state, may use unappropriated contingent 
 funds for the purpose of effecting an insurance on the school property of 
 their district; but they may contract no debts for this purpose. 
 
 CHAPTER 103, LAWS OF 1884. 
 PROHIBITING BARB WIRE AROUND SCHOOL-HOUSES. 
 
 SECTION 1. It is hereby made the duty of the board of directors of 
 every independent district and of every district township, to remove 
 before the first day of September, A. D. 1884, any barb wire fence enclos- 
 ing in whole or part any public school grounds in such district, and it is 
 also made the duty of any person owning or controlling any barbed wire 
 fence within ten feet of any public school grounds to remove the same 
 within the time herein above named. 
 
 SEC. 2. Hereafter barb wire shall not be used in enclosing in whole 
 or in part any public school building or the grounds upon which the 
 same may stand; and no barbed wire shall be used for a fence or other 
 purpose within ten feet of any public school ground. 
 
 SEC. 3. For a failure or neglect on the part of any board of directors 
 of any independent district, or of any district township to carry out the 
 provisions of this act, any member of such board shall be fined, on con- 
 viction, not exceeding twenty-five dollars, any person violating the pro- 
 visions of this act shall, on conviction thereof, be fined not exceeding 
 twenty-five dollars. 
 
42 SCHOOL LAWS OF IOWA. 
 
 CHAPTER 1, LAWS OF 1886. 
 TEACHING AND STUDY OF EFFECTS OF ALCOHOL AND STIMULANTS UPON THE 
 
 HUMAN SYSTEM. 
 
 SECTION 1. Physiology and hygiene, which must in each division of 
 the subject thereof include special reference to the effects of alcoholic 
 drinks, stimulants and narcotics upon the human system, shall be included 
 in the branches of study now and hereafter required to be regularly 
 taught to and studied by all pupils in common schools and in all normal 
 institutes, and normal and industrial schools, and the schools at the 
 soldiers' orphans' home and home for indigent children. 
 
 SEC. 2. It shall be the duty of all boards of directors of schools and 
 of boards of trustees, and of county superintendents in the case of nor- 
 mal institutes, to see to the observance of this statute and make pro- 
 vision therefor and it is especially enjoined on the county superintendent 
 of each county that he include in his report to the superintendent of 
 public instruction the manner and extent to which the requirements of 
 
 CHAPTER 1, LAWS OF 1886. 
 
 SECTION 1. 1. The words regularly taught are construed to mean, as other 
 branches are taught. They do not mean that a scholar must necessarily study this 
 branch continuously during his entire school life, unless the course of study adopted 
 by the board so provides. 
 
 2. This study must begin in the lowest primary class. In what grade or class it 
 shall be completed is to be determined by the board. 
 
 3. Primary classes must be instructed orally, as the children are not old enough 
 to use or comprehend a book. But this oral instruction must be outlined as a 
 course, and adopted by each board. 
 
 4. The portion assigned to each grade or class should be thoroughly mastered 
 before more advanced work is entered upon. 
 
 5. The work will be best accomplished with the older scholars by the use of a 
 suitable text-book, which-it is the duty of every board to select and adopt. 
 
 6. The board may forbid the use of tobacco on the school grounds. 
 
 7. Teachers should be careful to give instruction in accordance with the spirit 
 of the law. The law contemplates that the effects upon the system of the user of 
 alcoholic drinks, stimulants and narcotics, shall be taught. Many other harmful 
 effects, very properly emphasized in public lectures, are not required to be taught 
 in the class-room. It is not out of place to emphasize the truth that total abstinence 
 is the only sure way to escape the evils arising from the use of alcoholic drinks 
 and tobacco. 
 
 SEC. 2. 1. Boards cannot shift the responsibility by simply providing that 
 teachers shall give instruction in this branch, They must see to it that the work 
 is actually done by the teachers, as the law requires. 
 
 2. In normal institutes, efficient and earnest instructors should be employed. 
 Charts and other appliances should be amply provided. Physicians and scientists 
 may be invited to lecture, and teachers should be exhorted to be sincere, fearless, 
 and faithful in the discharge of their duty. 
 
SCHOOL LAWS OF IOWA. 43 
 
 section one of this act are complied with in "the schools and institutes 
 under his charge, and the secretary of school boards in cities and towns 
 is especially charged with the duty of reporting to the superintendent of 
 public instruction as to the observance of said section one hereof, in their 
 respective town and city schools, and only such schools and educational 
 institutions reporting compliance, as above required, shall receive the 
 proportion of school funds or allowance of public money to which they 
 would be otherwise entitled. 
 
 SEC. 3. The county superintendent shall not after the 1st day of July, 
 1887, issue a certificate to any person who has not passed a satisfactory 
 examination in physiology and hygiene with especial reference to the 
 effects of alcoholic drinks, stimulants and narcotics upon the human 
 system, and it shall be the duty of the county superintendent as pro- 
 vided by section 1771, to revoke the certificate of any teacher required 
 by law to have a certificate of qualification from the county superintend- 
 ent, if the said teacher shall fail or neglect to comply with section one of 
 this act, and said teacher shall be disqualified for teaching in any public 
 school for one year after such revocation, and shall not be permitted to 
 teach without compliance. 
 
 PRESIDENT. 
 
 SECTION 1739. (As amended by Chap. 46, Laws of 1882.) The presi- 
 dent shall preside at all meetings of the board of directors of independent 
 districts and of the district townships, shall draw all drafts on the county 
 treasury for money apportioned to his district, sign all orders on the 
 treasury, specifying in each order the fund on which it is drawn and the 
 
 3. Every scholar must study physiology and hygiene, including the effects of 
 stimulants and narcotics, until the outline upon that branch, as prepared by the 
 board, has been completed. 
 
 4. Blanks will be furnished to school officers, from time to time, to enable them 
 to make the reports required by this chapter. 
 
 SEC. 3. 1. To teach a special branch, a person may receive a certificate for that 
 study only, and is not required also to be examined as herein provided for teachers 
 in general. 
 
 2. County superintendents should know that every teacher is complying fully 
 with this statute, and any teacher failing or refusing to teach as required, should 
 not be permitted to continue in the work of teaching. 
 
 SEC. 1739. 1. The president of the board must take the oath of office accord- 
 ing to article 11, section 5, of the constitution of Iowa. 
 
 2. There is no provision of law which gives any other member or officer of the 
 board the power to administer the oath of office to the president elect. 
 
 3. The president has the right to vote on all questions coming before the board. 
 If by such vote a tie is produced, the motion is lost. Sections 1721 and 1802. 
 
 4. An order on the district treasury may not be signed except by authority of 
 the board. Sections 1733 and notes, and notes 4 and 5 to section 1743. 
 
44 SCHOOL LAWS OF IOWA. 
 
 use for which the money is appropriated, and shall sign all contracts 
 made by the board, and shall be empowered to administer the oath of 
 office to the secretary, treasurer, and members of the board. 
 
 SEC. 1740. He shall appear in behalf of his district in all suits 
 brought by or against the same, but when he is individually a party, this 
 duty shall be performed by the secretary; and in all cases where suits 
 may be instituted by or against any of the school officers to enforce any 
 of the provisions herein contained, counsel may be employed by the 
 board of directors. 
 
 SECKETAKY. 
 
 SECTION 1741. The secretary shall record all the proceedings of the 
 board and district meetings in separate books kept for that purpose; shall 
 preserve copies of all reports made to the county superintendent; shall 
 file all papers transmitted to him pertaining to the business of the district; 
 
 5. It is an advantage for the secretary to hold the order book, for by this 
 means he can better keep his records, make the transcript to the treasurer of 
 orders drawn, and more easily make his fin-al report to the board in September. 
 
 6. The president may not act as secretary or treasurer of the board. 
 
 7. To be valid, an order must express upon its face the fund on which it is 
 drawn, and name the purpose for which it was issued. 52 Iowa, 287. 
 
 8. An order of the board cannot be considered as officially transmitted, unless 
 signed by the president, as well as by the secretary. 
 
 9. The failure of an officer to attach his official title to his signature, will not 
 affect the instrument so far as the district is concerned, provided the writing was 
 authorized, and made for the district, and this fact can be shown. Iowa Reports, 
 7, 509; 11, 82. 
 
 10. Unless the fact that official approval was authorized can be shown, personal 
 liability may follow. 59 Iowa, 696. 
 
 11. The president may be compelled by mandamus to give his approval of a 
 contract made in accordance with a vote of the board. 56 Iowa, 578. 
 
 12. In the absence of the president, or when he is unwilling to discharge the 
 duties of his office, a temporary president may be appointed, who during the 
 time he is acting as president, may sign orders and contracts and do all other 
 acts proper to be done by the president, but is not authorized to act except when 
 the board is in session. 
 
 SEC. 1740. 1. The expenses in suits provided for by this section should be 
 paid from the contingent fund. 
 
 2. Appeals to the county superintendent or superintendent of public instruction, 
 are not suits brought by or against the district, nor are they suits brought by or 
 against any of the school officers, within the meaning of the law, and no charge 
 can be made against the district for attorney fees. 86 Iowa, 411. 
 
 SEC. 1741. 1. It is essential that the record of the proceedings of the board 
 and district meetings should be properly kept. Every transaction should be care- 
 fully noted, and the proceedings read and approved. 
 
 2. The minutes of a meeting, as recorded at the time by the secretary, must 
 be regarded the best evidence as to the understanding the board had of a subject, 
 at the time the question was voted upon. S. L. Decisions, 72 and 78. 
 
SCHOOL LAWS OF IOWA. 45 
 
 shall countersign all drafts and orders drawn by the president, and shall 
 keep a register of all orders drawn on the treasury, showing the number 
 of the order, date, name of the person in whose favor drawn, the fund 
 on which it is drawn, for what purpose and the amount; and shall, from 
 time to time, furnish the treasurer with a transcript of the same. 
 
 SEC. 1742. He shall give ten days' previous notice of the district 
 township meeting by posting a written notice in five conspicuous places 
 therein, one of which shall be at or near the last place of meeting, and 
 shall furnish a copy of the same to the teacher of each school in session, 
 to be read in the presence of the pupils thereof, and such notice shall, 
 in all cases, state the hour of meeting. 
 
 SEC. 1743. He shall keep an accurate account of all the expenses in- 
 curred by the district, and shall present the same to the board of direct- 
 ors, to be audited and paid as herein provided. 
 
 3. The failure of the secretary to record all the proceedings of the board and 
 of the district meetings in separate books, kept for that purpose, will not render 
 the proceedings void. 8 Iowa, 298. 
 
 4. Public records are public property, and are open to inspection at proper 
 times by any citizen. No public officer may refuse examination of the records; 
 but as he is their custodian, and is charged with their safe-keeping, he must keep 
 them in his possession. 
 
 5. Every officer having the custody of a public record or writing is bound to 
 give any person, on demand, a certified copy thereof on payment of the legal fees 
 therefor. Section 3706, Code. 
 
 6. The secretary is the custodian of the order book. He fills out the orders 
 which the president afterward signs. 
 
 7. School orders should not be drawn payable on time, nor should any mention 
 regarding interest be in the order. 
 
 8. The secretary may not act as president or treasurer of the board. 
 
 9. As the secretary is the clerical officer of the board, and cares for the records 
 of the district, we think he should act as librarian unless the board selects some 
 other person. 
 
 10. The registry of orders is an important matter. Every order drawn should 
 be promptly reported to the district treasurer, as he has no other means of deter- 
 mining the amount of outstanding orders, and otherwise cannot comply with 
 the law requiring him to make partial payments. Section 1748 and form 20. 
 
 SEC. 1742. The statutory mode of computing time excludes the day on which 
 the notice is posted, and' includes the day of meeting. Subdivision 23 of section 
 45, Code, also 61 Iowa, 303. Form 21. 
 
 SEC. 1743. 1. The secretary is also required by section 1782 to keep an account 
 current with the district treasurer. 
 
 2. A large amount of labor devolves upon the secretary. The fidelity and 
 promptness with which he attends to his duties make his assistance very valuable 
 to the board and the district, and determine, in a large degree, the accuracy and 
 completeness of his annual report to the board and to the county superintendent. 
 
 3. If a school officer habitually or wilfully neglects his duty, and the public 
 good suffers by such negligence, a court may compel him to attend to the neces- 
 sary duties of his office or to resign. 50 Iowa, 648. 
 
46 SCHOOL LAWS OF IOWA. 
 
 SEC. 1744. He shall notify the county superintendent when each 
 school of the district begins, and its length of term. 
 
 SEC. 1745. (As amended by Chap. 112, Laws of 1876, and Chap. 23, 
 Laws of 1882.) Between the fifteenth and twentieth days of September, 
 in each year, the secretary of each school district shall file with the 
 county superintendent a report of the affairs of the district, which shall 
 contain the following items: 
 
 1. The number of persons, male and female, each in his district, 
 between the ages of five and twenty-one years; 
 
 2. The number of schools, and the branches taught; 
 
 3. The number of pupils, and the average attendance of the same in 
 each school; 
 
 4. The number of teachers employed, and the average compensation 
 paid per week, distinguishing males from females; 
 
 5. The length of school in days and the average cost of tuition per 
 week for each pupil; 
 
 6. The text-books used, and the number of volumes in the district 
 library, and the value of apparatus belonging to the district; 
 
 7. The number of school-houses, and their estimated value; 
 
 4. The secretary, president, and treasurer must conform to the instructions of 
 the board as far as those directions are in accordance with law, but they should 
 not obey the board when ordered to do an illegal act. 
 
 5. If the board appropriates money to pay the members, other than the secre- 
 tary and treasurer, or for any other illegal purpose, the president and secretary 
 should decline to | sign the order, and, if drawn, the treasurer should refuse to 
 pay it. 
 
 SEC. 1744. The name of the teacher should be given, and any other informa- 
 tion which will aid the county superintendent in planning his work of visitation, 
 provided for in section 1774. 
 
 SEC. 1745. 1. The blanks for the annual report of the secretary are furnished 
 by the state, through county superintendents. The secretary should copy the 
 report required by this section, in the district records. If the original report is 
 filed in his office, it is liable to be destroyed or mislaid, which may prove detri- 
 mental to the interests of the district. Form 22. 
 
 2. The law intends that no part of the enumeration shall be taken before the 
 first day of September. 
 
 3. In independent districts, it is the duty of the secretary to take the annual 
 school enumeration required by the first clause of this section, unless the board 
 assigns the duty to another person. In any case proper extra compensation 
 should be given for the \\ ork required, if the district is a large one. 
 
 4. In districts formed of parts of two or more counties, the secretary should 
 make the annual report to the county superintendent of the county in which a 
 majority of the children reside. This report should not include those children 
 who reside in portions of the district lying in other counties. The remaining 
 number of children should be reported by the secretary to the superintendents of 
 their respective counties. 
 
 t 5. Every person between five and twenty-one should be enumerated where he 
 resides. A child in one of the charitable or reformatory institutions temporarily, 
 
r 
 
 SCHOOL LAWS OF IOWA. 47 
 
 8. The name, age, and post office address of each deaf and dumb, 
 and each blind person within his district between the ages of five and 
 twenty-one, including all who are deaf and dumb to such an extent as to 
 be unable to obtain an education in the common schools; the number of 
 trees set out and in thrifty condition on each school-house grounds. 
 
 SEC. 1746. Should the secretary fail to file his report, as~above 
 directed, he shall forfeit the sum of twenty-five dollars and shall make 
 good all losses resulting from such failure, and suit shall be brought in 
 both cases by the district on his official bond. 
 
 TREASURER. 
 
 SECTION 1747. The treasurer shall hold all moneys belonging to the 
 district, and pay out the same on the order of the president, counter- 
 signed by the secretary, and shall keep a correct account of all expenses 
 and receipts in a book provided for that purpose. 
 
 and whose parents reside in another part of the state, or in another school dis- 
 trict, is a resident of the district in which his parents reside, and should be 
 enumerated there. If in the institution to remain permanently, having no par- 
 ents or guardian, his residence is in the district in which the institution is located, 
 and he should be enumerated therein. 
 
 SEC. 1746. In case a subdirector fails to make his annual report as required by 
 section 1755, the secretary should at once collect the statistics necessary for a com- 
 plete report. Boards should insist on promptness in sending this report, and 
 then should give the secretary a suitable compensation for his labors. Section 
 1733. 
 
 SEC. 1747. 1. The language of this section is very explicit. It makes the 
 treasurer the custodian of all moneys belonging to the district, which effectually 
 precludes the idea of dividing the money belonging to any particular fund among 
 the subclistricts. 8. L. Decisions, 40. 
 
 2. The treasurer may pay out the funds only on the order of the president, 
 countersigned by the secretary, and the president may not sign an order unless he 
 is authorized to do so by the board. Section 1733, and notes to same, also section 
 1743, notes 4 and 5. 
 
 3. In making payment, one order may not be given precedence before another. 
 40 Iowa, 620. 
 
 4. Neither the electors nor the board may authorize the treasurer to loan 
 money belonging to the district. Section 3908, quoted in note 8 below. Note 7 to 
 section 1717. 
 
 5. The treasurer is responsible for all moneys coming into his hands by virtue 
 of his office, even if stolen or destroyed by fire. The board has no authority to 
 release him, unless he accounts in full for all moneys received by virtue of his 
 office. Iowa Reports, 37, 550; 39, 9; 40, 130. 
 
 6. Having the consent of his bondsmen, the treasurer may deposit the money 
 in some safe and secure bank. The treasurer and his bondsmen are as fully 
 responsible as they would be if all the business was transacted by the treasurer in 
 person. 
 
 7. When the incumbent of an office is re-elected, he shall qualify as above 
 irected; but when the re-elected officer has had public funds or property in his 
 
48 SCHOOL LAWS OF IOWA. 
 
 SEC. 1748. The money collected by district tax for the erection of 
 school-houses and for the payment of debts contracted for the same, 
 shall be called the school-house fund; that designed for rent, fuel, 
 repairs, and all other contingent expenses necessary for keeping the 
 schools in operation, the contingent fund; and that received for the pay- 
 ment of teachers, the teachers' fund; and the district treasurer shall keep 
 with each fund a separate account, and shall pay no order which does 
 
 control, under color of his office, his bond shall not be approved until he has pro- 
 duced and fully accounted for such funds and property to the proper person to 
 whom he should account therefor; and the officer or board approving the bond 
 shall indorse upon the bond, before its approval, the fact that the said officer has 
 fully accounted for and produced all funds and property before that time under 
 his control as such officer; and when it is ascertained that the incumbent holds 
 over another term by reason of the nonelection of a successor, or for the neglect 
 or refusal of the successor to qualify, he shall quality anew within a time to be 
 fixed by the officer who approves of the bonds of such officers. Section 690, Code. 
 
 8. If any state, county, township, school or municipal officer, or officer of any 
 state institution, or other public officer within the state, charged with the col- 
 lection, safe-keeping, transfer, or disbursement of public money, fails or refuses 
 to keep in any place of deposit that may be provided by law for keeping such 
 money, until the same is withdrawn therefrom upon warrants issued by the proper 
 officer, or deposits such money in any other place than in such safe, or unlawfully 
 converts to his own use in any way whatever, or use by way of investment in any 
 kind of property, or loan without the authority of law any portion of the public 
 money entrusted to him for collection, safe-keeping, transfer, or disbursement, or 
 converts to his own use any money that may come into his hands by virtue of his 
 office, shall &e guilty of embezzlement to the amount of so much of said money 
 as is thus taken, converted, invested, used, loaned, or unaccounted for, and upon 
 conviction thereof he shall be imprisoned in the penitentiary not exceeding five 
 years, and fined in a sum equal to the amount of money embezzled, and, more- 
 over, is forever after disqualified from holding any office under the laws or con- 
 stitution of this state. Section 3908, Code. 
 
 SEC. 1748. 1. Minor improvements, such as the erection of ordinary out-houses, 
 fences, and the like, may be paid for from either the contingent or school-house 
 fund. 
 
 2. Ordinary repairs should be charged to the contingent fund; but when such 
 repairs assume the magnitude of a rebuilding, or of an extensive addition, they 
 should be charged to the school-house fund. 
 
 3. Any unappropriated school-house fund in the district treasury may be used 
 for the erection or repair of school-houses, at the discretion of the board, without 
 action of the electors. 
 
 4. The cost of seating new school-houses should be paid from the school-house 
 fund. The law does not authorize the use of the contingent fund for the erection 
 or completion of school-houses, but when a house needs reseating or other repairs, 
 the cost may be defrayed either from the contingent fund, or from any unappro- 
 priated school-house fund in the treasury. 25 Iowa, 436. 
 
 5. The term, school furniture, as generally used in our state, means school desks, 
 table, chairs and such similar articles as are closely related to making the school- 
 house more suitable for its use as a school-house; school apparatus has been under- 
 stood to include the articles mentioned in section 1729, or such similar articles 
 
SCHOOL LAWS OF IOWA. 49 
 
 not specify the fund on which it is drawn, and the specific use to which 
 it is applied. If he have not sufficient funds in his hands to pay in full 
 the warrants drawn on the funds specified, he shall make a partial pay- 
 ment thereon, paying as near as may be an equal proportion of each 
 warrant. 
 
 SEC. 1749. lie shall receive all moneys apportioned to the-di&trict 
 township by the county auditor, and also all money collected by the 
 county treasurer on the district school tax levied for his district. 
 
 SEC. 1750. He shall register all orders on the district treasury 
 reported to him by the secretary, showing the number of the order, date,, 
 name of the person in whose .favor drawn, the fund on which it is- 
 drawn, for what purpose, and the amount. 
 
 SEC. 1751. (As amended by Chap. 112, Laws of 1876.) He shall 
 render a statement of the finances of the district from time to time, as 
 
 as would clearly come under the same designation for use in the schools for the 
 purposes of instruction. 
 
 6. As the members of the board receive no pay for their services, if boards sub- 
 scribe for a copy of any journal containing the official rulings and decisions of 
 this department to aid them in their work, they have the right to pay for the same 
 from the contingent fund. 
 
 7. Boards have no authority to transfer money from one fund to another, even 
 temporarily, unless they are authorized under section 1717, subsection 4, to trans- 
 fer school-house fund to either of the other funds. Notes to section 1785. 
 
 8. The teachers' fund should not be divided among the subdistricts, equally, 
 according to the number of children, or upon any other basis. This fund can be 
 paid out only to teachers for services performed, upon orders authorized by the 
 board. 
 
 9. The board should grant a compensation to.be paid the teacher according to 
 the circumstances and requirements of each school. But the regular schools of 
 the district should be kept in session an equal number of months. 
 
 10. Chapter 140, laws of 1882, as amended, confers upon all boards the right to 
 insure property. This duty should not be neglected. 
 
 SEC. 1750. 1. It is essential that the treasurer should know the exact amount 
 of outstanding orders, and for this reason the secretary is required to report to 
 him all orders drawn on the district treasury. Section 1741, note 10, and form 20. 
 
 2. The register provided for in this section is indispensable to the treasurer, 
 under the law requiring him to make partial payments on orders when he has 
 not funds sufficient to pay them in full. Section 1748. 
 
 3. The treasurer may rightly object to paying an order that is defective in any 
 )f the particulars named. It is especially essential that the purpose for which 
 ;he order 4 was given shall be written in the order, and also on the stub in the order 
 
 >ok. 
 
 SEC. 1751. 1. The blanks for the annual report of the treasurer are furnished 
 >y the state, through county superintendents. The report should be made 
 
 ^cording to form 24. 
 
 2. Treasurers should take pains to mail a copy of this report at once to the 
 
 mnty superintendent, as only by timely attention on the part of treasurers, can 
 ;he county superintendent compile and forward his annual report to the superin- 
 
50 SCHOOL LAWS OF IOWA. 
 
 may bo required by the board of directors, and his books shall always be 
 open for inspection . He shall make to the board, on the third Monday 
 in September, a full and complete annual report, embracing: 
 
 1. The amount of teachers' fund helcl over, received, paid out, and 
 on hand. 
 
 2. The amount of contingent fund held over, received, paid out, and 
 on hand. 
 
 3. The amount of school-house fund held over, received, paid out, 
 and on hand. 
 
 He shall immediately file a copy of said report with the county super- 
 intendent, and for failure to file said report he shall forfeit the sum of 
 twenty-five dollars, to be recovered by suit brought by the district, on his 
 official bond. 
 
 SUBDIRECTOR. 
 
 CHAPTER 20, LAWS OF 1892. 
 TERM OF OFFICE. 
 
 SECTION 1. At the regular meeting of the board of directors of district 
 townships in September, 1892, the board of directors shall specify what 
 subdistricts, at the subdistrict election following in March, shall elect 
 subdirectors for one year, two years, and three years, respectively, mak- 
 ing the three classes as nearly equal as possible. 
 
 SEO. 2. After this election in March, all subdirectors shall be elected 
 and hold office for a term of three years. 
 
 SEC. 3. All acts or parts of acts inconsistent with the provisions of 
 this act are hereby repealed. 
 
 tendent of public instruction, on the first Tuesday in October. Sections 1772 and 
 1773. 
 
 3. Not even the electors of the district may release the treasurer and his bonds- 
 men from their absolute liability for all funds. 59 Iowa, 50. 
 
 4. The sureties on an official bond cannot be held after the lapse of three 
 years. Section 2529, Code. 
 
 5. In making settlement, the board may submit a difference with the treasurer, 
 to arbitration. 70 Iowa, 65. 
 
 CHAPTER 20, LAWS OF 1892. 
 
 The requirements of this chapter are very plainly expressed. It is believed this 
 change in the term of office of subdirectors may be made one of the most beneficial 
 .features of our school system. It now remains for the people to exercise their 
 best judgment in the selection of those who are for a term of years to care for the 
 interests and welfare of the district. In each subdistrict the wisest and most com- 
 petent person should be elected subdirector, and if efficient, should be continued 
 in office by re-election. Note 7 to section 1719. 
 
SCHOOL LAWS OF IOWA. 51 
 
 SECTION 1752. (As amended by Chap. 19, Laws of 1892.) Each sub- 
 director ahull, <>n or before the third Monday in March following his 
 election, appear before some officer qualified to administer oaths, and 
 take an oath to support the constitution of the United States, and that 
 of the state of Iowa, and that he will faithfully discharge the duties of 
 his office, and in case of failure to qualify, or the district fails to-aleet, 
 the board shall fill the office by appointment. 
 
 SEC. 1753. The subdirector, under such rules and restrictions as the 
 board of directors may prescribe, shall negotiate and make in his sub- 
 district all necessary contracts for providing fuel for schools, employing 
 teachers, repairing and furnishing school-houses, and for making all 
 other provisions necessary for the convenience and prosperity of the 
 .schools within his subdistrict, and he shall have the control and manage- 
 
 SEC. 1752. 1. Any school director or director elect is authorized to administer 
 to a school director elect the ollieial oath inquired by hiw, but the secretary can- 
 not administer this oath unless he is a member of the board, or is one of the 
 many ollicers empowered by law to administer oaths. 
 
 2. A director elect may take the oath of qualification at any time between the 
 day of election and the third Monday in March. 53 Iowa, 087. 
 
 :;. In case a director elect fails to qualify by the close of the third Monday in 
 March, it becomes the duty of the board as soon after that time as possible, to fill 
 the vacancy by appointment. 
 
 4. If a person is elected as his own successor and fails to qualify on or before 
 the third Monday in March, a vacancy exists which is lilled by appointment. 
 
 5. A person appointed as a member of the board may be required to qualify 
 within a time to be prescribed by the board. Section 780, Code. 
 
 <>. All persons appointed to till vacancies in ollice hold only until the next 
 annual meeting of the electors. Constitution of Iowa, article 11, section 0; also 
 section 785, Code. 
 
 SKC. 1753. 1. The subdirector is clothed with certain general powers by this 
 .section, but these are to be exercised under the direction of the board. The 
 board may restrict him, for example, as to when he shall employ teachers, for how 
 long a time, at what compensation, and even whom he shall not employ, the 
 
 :tent of repairs, and prices paid for same, and the amount and cost of fuel. 35 
 
 jwa, 301 and 40 Iowa, :>!). Note to section 1737. Form 25. 
 
 2. School ollicers are possessed of specially defined powers and should attempt 
 exercise no others, except such as arise by fair implication from those granted. 
 
 3. When a teacher or other person is about to enter into a contract with a sub- 
 irector, he knows that he is dealing with a public agent whose powers are subject 
 
 regulation and restriction by the board; he is bound to know what these rules 
 id restrictions are and should be governed accordingly. 35 Iowa, 301. 
 
 4. The district township is bound by the contract of a subdirector, when made 
 mi ing to instructions by the board. 35 Iowa, 301. 
 
 5. The president may be compelled by mandamus to give his approval of a 
 mtract made in accordance with a vote of the board. Note 11 to section 1739. 
 
 The board should lix the wages to be paid in each subdistrict at such a figure 
 will enable each subdirector to secure a teacher qualified to govern and instruct 
 school. Note 4 to section 1727. 
 
52 SCHOOL LAWS OF IOWA. 
 
 ment of the school-house unless otherwise ordered by a vote of the dis- 
 trict township meeting. All contracts made in conformity with the 
 provisions of this section shall be approved by the president and reported 
 to the board of directors, and said board, in their corporate capacity, 
 shall be responsible for the performance of the sam-e on the part of the 
 district township. 
 
 7. It is the duty of our school authorities to provide for schools having non- 
 English speaking scholars, the best instructors available, in order that all the 
 children may acquire rapidly a correct use of English, and become acquainted, as 
 soon as possible, with the spirit and genius of our American institutions. 
 
 8. The board may pass a resolution that teachers shall receive their pay 
 monthly, upon the certificate of the subdirector, o<r of a committee of the board, 
 that the required time has been taught. Note 11 to section 1757. 
 
 9. Each subdirector has exclusive control of the school-house in his subdistrict, 
 unless the district township meeting has otherwise ordered. 
 
 10. Special powers delegated to the subdirector by the law, as for instance the 
 control of the school-house in his own subdistrict, and the right to determine 
 whether scholars may attend from or in an adjoining subdistrict, cannot be 
 assumed by the board. Sections 1753 and 1795. Note 16 to section 1717. 
 
 11. The subdirector in district townships, or the board in independent districts, 
 should require from parties desiring to use the school-house, security for its proper 
 use and protection from other injury than natural wear. 
 
 12. It is proper to permit the use of school-houses for the purpose of public 
 worship on Sunday, or for religious services, public lectures on moral or scientific 
 subjects, or meetings on questions of public interest, on the evenings of the week, 
 or at any time when such use will not interfere with the regular progress of the 
 school. 35 Iowa, 194. 
 
 13. It is not in accordance with the meaning of the law and the decisions of the 
 courts to allow a school-house to be used for a purpose requiring an admission 
 fee. This does not prevent a contribution being taken, but we think free admis- 
 sion should not be denied. 
 
 14. It is believed that no discrimination should be made as- to who may attend 
 meetings held in a school- house. To make membership in a particular society a 
 test for attendance upon the meeting would seem to be in conflict with the inten- 
 tion of the law. 
 
 15. The use of a public school building for Sabbath-schools, religious meetings, 
 debating clubs, temperance meetings, and the like, is proper. Especially is this 
 so where abundant provision is made for securing a"ny damages which the tax- 
 payer may suffer by reason of the use for the purposes named. The use of a school- 
 house for such purposes, when so authorized, is not prohibited by section 3, articl'e 
 1, of the constitution. 50 Iowa, 11. 
 
 16. In all cases where it is practicable, in precincts outside of cities and towns, 
 the elections shall be held in the public school building, for the use of which there 
 shall be no charge. But all damage to the building or furniture shall be a just 
 claim against the county. Part of section 20, chapter 33, laws of 1892. 
 
 17. If any person willfully write, make marks or draw characters on the walls- 
 or any other part of any church, college, academy, school-house, court-house or 
 other public building, or willfully injure, or deface the same, or any wall or fence 
 enclosing the same, he shall be punished by fine not exceeding one hundred dol- 
 lars, or by imprisonment in the county jail not more than thirty days. Section 
 3986, Code. 
 
SCHOOL LAWS OF IOWA. 53 
 
 SEC. 1751. He shall, between the first and tenth days of September 
 of each year, prepare a list of the names of the heads of families in his 
 subdistrict, together with the number of children between the ages of 
 five and twenty-one years, distinguishing males from females, and shall 
 record the same in a book kept for that purpose. 
 
 SEC. 1755. He shall, between the tenth and fifteenth days of 'Sep- 
 t-ember of each year, report to the secretary of the district township, the 
 number of persons in his subdistrict between the ages of five and twenty- 
 one years, distinguishing males from females. 
 
 SEC. 1756. He shall have power, with the concurrence of the presi- 
 dent of the board of directors, to dismiss any pupil from the schools in 
 his subdistrict for gross immorality, or for persistent violation of the 
 regulations of the schools, and to re-admit them, if he deems proper so 
 to do; and shall visit the schools in his subdistrict at least twice during 
 each term of said school. 
 
 18. If any person or persons unlawfully or willfully disturb or interrupt any 
 school, school meeting, teachers' institute, lyceum, literary society, or any other 
 lawful assembly of persons being in the peace of the state, such person or persons 
 shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be 
 punished by tine not exceeding one hundred dollars, or by imprisonment in the 
 county jail not exceeding thirty days. Section 4023, Code. 
 
 SEC. 1754. 1. The number of persons of school age can be obtained only by a 
 careful and conscientious census. It includes all persons between five and twenty - 
 e years having a residence within the district, even if married. 
 
 2. The record book correctly filled out will be of much assistance to the sub- 
 director each year. Form 26. 
 
 3. The actual truth as to the number of school age is what is sought. Anything 
 else disturbs the equality which by right exists, and prevents all from receiving 
 exact justice in the apportionments. 
 
 4. Children at a state institution, or a private school, should not be enumerated, 
 unless they actually reside in the subdistrict. Note 5 to section 1745. 
 
 SEC. 1755. 1. The failure of subdirectors to make their reports, as required by 
 this section, will reduce the semi-annual apportionments for the year, since they 
 are made upon the enumeration of persons of school age. 
 
 2. In district townships the secretary should require every subdirector to make 
 is report, and should insist that it be made in writing, and certified to be correct. 
 
 3. Each district deserves credit for every one of proper age, but is entitled to 
 more. It is obvious that a guess or estimate regarding even a single individual 
 
 is to be avoided. 
 
 4. A willful neglect on the part of the subdirector to make the report to the 
 secretary as required, may be found by the courts to be a misdemeanor. Section 
 
 Code. 
 
 SEC. 1756. 1. The notes to section 1735 apply with equal force to this section, 
 d the same weight should be given them as though repeated here in full. 
 
 2. A careful investigation of the charges against the scholar should be made 
 fore he is dismissed. 
 
 3. The action of the subdirector and president in dismissing a scholar should 
 main in force for the term only. 
 
 j 
 
54 SCHOOL LAWS OF IOWA. 
 
 TEACHERS. 
 
 SECTION 1757. (As amended by Chap. 60, Laws of 1888.) All con- 
 tracts with teachers shall be in writing, specifying the length of time the 
 school is to be taught, in weeks, the compensation per week, or per 
 month of four weeks, and such other matters as may be agreed upon; 
 and shall be signed by the subdirector or secretary and teacher, and be 
 approved by and filed with the president before the teacher enters upon 
 
 SEC. 1757. 1. All contracts made by the subdirector must be approved by the- 
 president and reported to the board. 
 
 2. The subdirector or secretary should require the teacher to produce the cer- 
 tificate, which he should carefully examine before signing the contract. 
 
 3. In district townships the subdirector, in independent districts the secretary 
 represents the district in signing this contract. 
 
 4. All matters agreed upon should be incorporated into the written contract. 
 The tendency of our courts is to presume that the written contract embraces the 
 entire agreement of the parties. 52 Iowa, 130. 
 
 5. Without special mention in the teacher's contract, it is understood that only 
 the common branches and those included in the course of study for the school, 
 are expected to be taught. 
 
 6. If a subdirector desires to teach the school in his own subdistrict, he should 
 resign and contract with the new subdirector appointed by the board. 
 
 7. It is the duty of the subdirector or secretary to file the teacher's contract at 
 once with the president of the board, and secure his approval. The copy to be- 
 filed with the secretary, and a copy to be retained by the teacher if desired,, 
 should also be approved at the same time. 
 
 8. The approval of the teacher's contract by the president is a mandatory act, 
 which he cannot refuse to perform, unless the contract is drawn at variance with 
 instructions from the board, or otherwise violates law. 56 Iowa, 573. 
 
 9. The board, for what seem good reasons, may order a short vacation. But 
 the term included in the contract cannot be shortened, without the consent of 
 both parties. 
 
 10. It is lawful for a board to give teachers holidays and not deduct pay, and! 
 quite usual. The teacher, however, may not claim it as a right. 
 
 11. The board may authorize the president and secretary to draw orders to pay 
 teachers' salaries at the end of each school month, upon proper evidence that the 
 service has been performed. Note 8 to section 1753. 
 
 12. If a teacher is at the school-house at the proper time, and remains during 
 school hours, he is entitled to pay therefor, according to his contract, whether 
 scholars are present or not. 
 
 13. As a rule it is highly undesirable to close a school on account of an epidemic * 
 But if the local board of health, or the board of directors, closes a school on 
 account of the presence of a contagious disease, or for like reason, the teacher is 
 entitled to pay upon his contract. 
 
 14. When a school is closed for a short time, for causes beyond the control of 
 the teacher, the courts will be likely to hold that the teacher is entitled to his pay 
 according to the terms of his contract. Such cases are best settled by compromise 
 between the parties. 
 
 15. If the school-house is destroyed, or the school is closed indefinitely by causes 
 beyond the control of either party to the contract, the teacher being ready to 
 comply with his part, can collect pay according to contract. If said teacher uses 
 

 SCHOOL LAWS OF IOWA. 55 
 
 the discharge of his duties, and a copy of all such contracts shall also be 
 filed with the secretary of the board by the subdirector, before the 
 teacher enters upon the discharge of his duties. 
 
 SEC. 1758. No person shall be employed to teach a common school 
 which is to receive its distributive share of the school fund unless-he 
 shall have a certificate of qualification signed by the county superin- 
 tendent of the county in which the school is situated, or by some other 
 officer duly authorized bylaw; and any teacher who commences teaching 
 without such certificate shall forfeit all claim to compensation for the 
 time during which he teaches without such certificate. 
 
 proper diligence to secure employment at something which he can do, and secures 
 such employment, the district will pay him the difference between the amount 
 received in his new work and the amount of his wages under the contract. In 
 other words, his 'actual loss should be made good. 
 
 16. Section 2976, Code, provides that a municipal or political corporation shall 
 not be garnished. However, the corporation may waive exemption from this 
 process. 25 Iowa, 315. 
 
 SEC. 1758. 1. The only legal certificates, besides those given by county super- 
 intendents, are the perpetual state certificates, issued by the educational board of 
 examiners, prior to September, 1873, when said board was abolished; and state 
 certificates and diplomas given as provided by chapter 167, laws of 1882, amended 
 chapter 22, laws of 1890. 
 
 2. The law requires every holder of a state diploma or state certificate to have 
 e same registered in the office of the county superintendent, before commencing 
 teach in such county. No fee is required. The superintendent should insist on 
 iing the document itself and should make his record from such inspection. 
 
 The teacher must have a certificate during the whole term of school. He is 
 lot authorized to teach a single day beyond the period named in his certificate. 
 
 4. A teacher's contract is sometimes binding though irregular in some respect. 
 A board should not have the benefit of the services of a teacher without remuner- 
 ating him. In some cases the board may be held personally liable to pay the 
 teacher. 
 
 5. In an Illinois case a certificate was not obtained until the middle of the term. 
 A new contract was entered into at that time to pay the teacher double wages for 
 the remainder of the term. This was considered an attempt to do indirectly what 
 there was no power to do directly, and therefore the contract was held to be 
 void, as was the original contract. 
 
 6. In case of the temporary absence of the teacher, from sickness or other cause, 
 the place should be supplied with some one duly authorized to teach, 'selected by 
 the subdirector. The supply should be paid by the teacher whose place is filled. 
 
 7. In case a person is employed or continued as a teacher in violation of law 
 without a certificate, a resident of the district may sue out a writ of injunction 
 restraining the person from teaching and the district from paying. Such a writ 
 cannot be served at the instance of the county superintendent. 17 Iowa, 228. 
 Boards employing and paying such teachers are liable to prosecution under the 
 provisions of the general statutes for misapplication of funds. Sections 3965, 3966 
 and 3967, Code. 
 
56 SCHOOL LAWS OF IOWA. 
 
 SEC. 1759. The teacher shall keep a correct daily register of the 
 school, which shall exhibit the number or other designation thereof, 
 township and county in which the school is kept; the day of the week, 
 the month and year; the name, age, and attendance of each pupil, and 
 the branches taught. When scholars reside in different districts a register 
 shall be kept for each district. 
 
 SEC. 1760. The teacher shall, immediately after the close of his 
 school, file in the office of the secretary of the board of directors, a cer- 
 tified copy of the register aforesaid. 
 
 GENERAL PROVISIONS. 
 
 SECTION 1761. A school month shall consist of four weeks of five 
 school days each. 
 
 SEC. 1759. 1. The teacher may be held responsible for the efficient discharge 
 of every duty properly attached to his office, including the exercise of due dili- 
 gence in the oversight and preservation of school buildings, grounds, furniture, 
 apparatus, and other school property, as well as the more prominent work of 
 instruction and government. 
 
 2. Parties doing damage to school property are responsible for the same. The 
 teacher is bound to exercise reasonable care to protect and preserve school prop- 
 erty, and failing to do so may be held liable for damages. 
 
 3. Making tires and sweeping the school room are not, properly, a part of the 
 teacher's duties. In rural districts teachers frequently perform this labor as a 
 matter of convenience and economy. Those unwilling to do this work, or who 
 expect to receive pay for it, should so stipulate with the subdirector when enter- 
 ing into the contract to teach. Note 4 to section 1775. S. L. Decisions, 76. 
 
 4. Every teacher should take great pains to keep the register required by this 
 section very carefully, in order that the term report required by the next section 
 may be made'out correctly. By doing so the secretary will be able to make his 
 annual report with greater ease, and with added accuracy. Form 27. 
 
 SEC. 1760. The board may authorize the president and the secretary to draw 
 warrants for the payment of teachers' salaries at the end of each school month, 
 upon proper evidence that the service has been performed, but the order for 
 wages for the last month should not be drawn until the report required by this 
 section is tiled in the office of the secretary. Without this register he cannot pre- 
 pare his annual report as the law directs it to be made. The secretary should 
 carefully examine the register to see whether the record is complete in all respects. 
 Form 28. 
 
 SEC. 1761. 1. There are no holidays during which teachers are exempted by 
 the law from teaching, unless excused by the board. A legal contract requires 
 twenty days of actual service for a month. 
 
 2. In this state, by common consent and universal custom, New Year's, 
 Memorial Day, Fourth of July, Christmas, and any day recommended by the 
 governor or the president as a day of thanksgiving, are observed as general 
 holidays. 
 
 3. It is the commendable custom with very many boards, to allow teachers and 
 scholars the so-called holidays, and to pay the teachers as if those days had been 
 taught. 
 
RSIT . 
 
 SCHOOL LAWS OF IOWA. 57 
 
 SEC. 1762. During the time of holding a teachers' institute in any 
 county, any school that may be in session in such county shall be closed; 
 and all teachers, and persons desiring a teacher's certificate, shall attend 
 such institute, or present to the county superintendent satisfactory 
 reasons for not so attending, before receiving such certificate. .. 
 
 SEC. 1763. The electors of any school district at any legally called 
 school meeting, may, by a vote of a majority of the electors present, 
 direct the German or other language to be taught as a branch in one or 
 more of the schools of said district, to the scholars attending the same 
 whose parents or guardians may so desire; and thereupon such board of 
 directors shall provide that the same be done; provided that all other 
 branches taught in said school or schools shall be taught in the English 
 language; provided further that the person employed in teaching the 
 said branches shall satisfy the county superintendent of his ability and 
 qualifications, and receive from him a certificate to that effect. 
 
 SEC. 1761. The Bible shall not be excluded from any school or insti- 
 tution in this state, nor shall any pupil be required to read it contrary to 
 the wishes of his parent or guardian. 
 
 4. There is no provision of law giving teachers time to visit other schools. 
 Boards often grant teachers this privilege, under proper restrictions. 
 
 5. Custom fixes the maximum length of the school day at six hours. The 
 board may shorten this time somewhat, if thought best. 
 
 6. By consent of the board, an occasional Saturday may be taught. But as 
 five days are a school week, the practice is not to be commended. 
 
 SEC. 1762. It may be questioned whether the provisions of this section apply 
 to the present normal institutes, held under section 1769. 
 
 SEC. 1763. 1. The electors may not limit or restrict the board to the adoption 
 of a" course of study including only such branches as the electors may name. 
 Nor may the electors direct that a particular branch, or certain studies, shall not 
 be taught It is the province of the board to decide what branches besides those 
 in a teacher's examination and those named by the electors, shall be included in 
 the course of study and taught in the schools of their district. Note 9 to section 1717. 
 
 2. A teacher who instructs in any of the languages referred to, in. addition to 
 other work as teacher, must have the certificate required by this section, additional 
 to the one demanded by the first part of section 1766, but a teacher who teaches 
 only one or more of the languages referred to above, or any other special branch, 
 may be required to have a certificate for such branch, as provided by the last part 
 of section 1766, and need not have the other certificate, unless desired. 
 
 SEC. 1764. 1. Our common schools are maintained at public expense, and the 
 law contemplates that they shall be equally free to persons of every faith. A very 
 suitable devotional exercise consists in the teacher reading a portion of Scripture 
 without comment, and the repetition of the Lord's Prayer. 
 
 2. Neither the board nor the electors may direct the teacher to follow a given 
 course in respect to the reading of the Bible in school. Each teacher will be guided 
 by his own good judgment, and the wishes of his patrons may properly have 
 weight in aiding him to determine his action. 
 
 3. While moral instruction should be given in every school, neither this section 
 ior the spirit of our constitution and laws will permit a teacher or board to enforce 
 
53 SCHOOL LAWS OF IOWA. 
 
 CHAPTER 167, LAWS OF 1882. 
 [As amended by Chapter 22, Laws of 1890.] 
 
 CREATING A STATE BOARD OF EXAMINERS. 
 
 SECTION 1. The superintendent of public instruction, the president of 
 the state university, the principal of the state normal school, and two 
 persons, to be appointed by the executive council, one of whom shall be 
 a woman, for terms of four years; provided that of the two first appointed, 
 one shall be for two }^ears; and provided further that no one shall be his- 
 own successor in said appointments; are hereby constituted a state board 
 of examiners, with the superintendent of public instruction as ex officio, 
 its president. 
 
 SEC. 2. The board shall meet at such times .and places as its 
 president shall direct, for transaction of business, and shall hold 
 annually, at least two public examinations of teachers, at each of 
 which examinations one member of the board shall preside, assisted by 
 such well qualified teachers, not to exceed two in number, as the board 
 of examiners may elect. Said board may adopt such rules, not incon- 
 sistent herewith, and with the statutes of Iowa, as they may deem proper; 
 and said board shall keep a full record of their proceedings, and a com- 
 plete register of all persons to whom certificates and diplomas are issued. 
 
 a regulation in regard to religious exercises, which will wound the conscience of 
 any, and no scholar can be required to conform to any particular mode of 
 worship. 64 Iowa, 367. 
 
 4. Moral instruction tending to impress upon the minds of pupils the impor- 
 tance of truthfulness, temperance, purity, public spirit, patriotism, and respect 
 for honest labor, obedience to parents and due deference for old age, shall be given 
 by every teacher in the public schools. School Laws of North Dakota, 1891. 
 
 5. The law intends that the public schools of the state shall be absolutely free 
 from any sectarian or denominational bias. The teaching of any peculiar relig- 
 ious doctrine or creed, or the use of any book prepared for the purpose of incul- 
 cating such doctrine or creed, is strictly forbidden by the spirit of our law, and 
 cannot be justified or allowed in any case. 
 
 6. If a teacher gives religious instruction or teaches in the interest of any 
 church or denomination, the board may be prevented from continuing or sanc- 
 tioning such instruction, by injunction from the courts, and having ordered or 
 countenanced this instruction may be prevented in the same manner from paying 
 such teacher from the public school funds. 
 
 7. The diversion of the school fund in any form or to any extent for the sup- 
 port of sectarian or private schools is inadmissible and clearly in violation of our 
 laws. 59 Iowa, 70. 
 
 8. Public money shall not be appropriated, given or loaned by the corporate 
 authorities, supervisors, or trustees of any county, township, city or town, or 
 municipal organization of this state, to, or in favor of, any institution, school, 
 association, or object, which is under ecclesiastical or sectarian management or 
 control. Section 552, Code. . 
 
SCHOOL LAWS OF IOWA. 5 
 
 SEC. 3. Said board shall have power to issue state certificates and 
 state diplomas to such teachers as are found, upon examination, to possess- 
 good moral character, thorough scholarship, clear and comprehensive 
 knowledge of didactics, and successful experience in teaching. They 
 shall also have power to issue state certificates and state diplomas to 
 such graduates of any Iowa state normal school, as are shown to possess 
 good moral character, the certificate to be issued when the graduate is 
 proved to have had thirty-six weeks' successful experience in teaching, 
 and the diploma when five years' such experience is shown. 
 
 SEC. 4. Candidates for state certificates shall be examined upon the 
 following branches: Orthography, reading, writing, arithmetic, geogra- 
 phy, English grammar, bookkeeping, physiology, history of the United 
 States, algebra, botany, natural philosophy, drawing, civil government, 
 constitution and laws of Iowa, and didactics; and candidates for state 
 diplomas shall pass examination upon all blanches required by candi- 
 dates for state certificates, and in addition thereto in geometry, trigo- 
 nometry, chemistry, zoology, geology, astronomy, political economy, 
 rhetoric, English literature, and general history, and such other branches 
 as the board of examiners may require. 
 
 SEC. 5. A state certificate shall authorize the person, to whom it is 
 issued, to teach in any public school of the state for the term of .five 
 years from the date of its issue, and a state diploma shall be valid for 
 the life of the person to whom it is issued; provided that any state cer- 
 tificate, and any state diploma, may be revoked by the board of exam- 
 iners for any cause of disqualification, on well-founded complaint entered 
 by any county superintendent of schools. 
 
 SEC. 6. The fee for each state certificate shall be three dollars, and 
 for each state diploma five dollars, which fee shall be paid before exam- 
 ination to such person as the board of examiners may designate from 
 their own number, and the same shall be paid into the state treasury 
 when so collected; provided that if such applicant shall fail in said 
 examination, one-half of the fee shall be returned. 
 
 SEC. 7. Every holder of a state certificate, or of a state diploma, 
 shall have the same registered, by the county superintendent of schools 
 of the county in which he wishes to teach, before entering upon his 
 work, and each county superintendent of schools is required to include 
 in his annual report to the superintendent of public instruction, a full 
 account of the registration of state certificates and diplomas, 
 
 CHAPTER 167, LAWS OF 1882. 
 
 SECTION 7. 1. No fee is required for the registration referred to, but it is 
 essential that such record be made before the person commences to teach. 
 
 2. Holders of state certificates or diplomas are not exempt from reporting to 
 the county superintendent, or complying in every respect with requirements made 
 of other teachers, except as to examination for certificates. 
 
60 SCHOOL LAWS OF IOWA. 
 
 SEC. 8. Each member of the state educational board of examiners, 
 and each person appointed by said board to assist in conducting exam- 
 inations, as provided for in section 2 of this act, shall be entitled to 
 receive, for the time actually employed in such service, his necessary 
 expenses. And provided further that each member of said board, not a 
 salaried officer, shall, in addition to his necessary expenses, receive the 
 sum* of three dollars per day, he or she is actually employed in said 
 examination, which amounts shall be certified by the superintendent of 
 public instruction; and the auditor of state is hereby authorized to audit 
 -and draw his warrant for the same upon the treasurer of state, provided 
 the aggregate amount for any one year shall not exceed three hundred 
 dollars. 
 
 SEC. 9. The board of examiners shall keep a detailed and accurate 
 account of all moneys received and expended by them, which, with a list 
 of the names of persons receiving certificates and diplomas, shall be 
 published by the superintendent of public instruction in his annual 
 report. 
 
 COUNTY SUPERINTENDENT. 
 
 CHAPTER 136, LAWS OF 1876. 
 WOMEN ELIGIBLE TO SCHOOL OFFICES. 
 
 SECTION 3. No person shall be deemed ineligible, by reason of sex, 
 to any school office in the state of Iowa. 
 
 SEC. 2. No person who may have been or shall be elected or 
 appointed to the office of county superintendent of common schools or 
 school director in the state of Iowa, shall be deprived of office by reason 
 -of sex. 
 
 SECTION 1765. The county superintendent shall not hold any office 
 in, or be a member of the board of directors of a district township or 
 independent district, or of the board of supervisors during the time of 
 his incumbency. 
 
 SEC. 1766. (As amended by Chap. 143, Laws of 1878.) On the last 
 Saturday of each month, the county superintendent shall meet all per- 
 sons desirous of passing an examination, and for the transaction of other 
 business within his jurisdiction, in some suitable room provided for that 
 purpose by the board of supervisors at the county seat, at which time he 
 -shall examine all such applicants for examination as to their competency 
 
 SEC. 1766. 1. This is a most important and difficult labor. Written examina- 
 tions afford a good test of scholarship, and furnish the basis of a permanent 
 record. The examination should be thorough, to determine the attainments of 
 the applicant in the branches he is expected to teach. 
 
 2. Applications made at other times should be rejected, unless good reasons are 
 given for not attending the regular examinations. The interests of the schools do 
 
SCHOOL LAWS OF IOWA. 61 
 
 and ability to teach orthography, reading,* writing, arithmetic, geogra- 
 phy, English grammar, physiology, and history of the United States; 
 and in making such examination, he may, at his option, call to his aid 
 one or more assistants. Teachers exclusively teaching music, drawing, 
 penmanship, book-keeping, German or other language, shall not be 
 required to be examined except in reference to such special brancE, anc 
 in such cases it shall not be lawful to employ them to teach any branch 
 except such as they shall be examined upon and which shall be stated in 
 the certificate. 
 
 SEC. 1767. If the examination is satisfactory, and the superintendent 
 is satisfied that the respective applicants possess a good moral character, 
 
 not require frequent or individual examinations, and the time of the superin- 
 tendent can be more profitably employed in the performance of other duties. 49- 
 Iowa, 245. 
 
 3. We think the ability to teach the different branches may.be best determined: 
 by actual observation of the teacher's work in his school. A searching and skill- 
 fully conducted oral examination in methods will test the applicant's ability to- 
 instruct. 
 
 4. If it is desired that branches additional to those included in the general cer- 
 tificate shall be taught, such fact should be mentioned as a part of the contract, 
 and the teacher is required to have the certificate for such additional branch or 
 branches, before beginning to teach. 
 
 5. It is the intention of the law that the study of physiology and hygiene with 
 special reference to the effects of alcoholic drinks, stimulants and narcotics, shall 
 have equal rank and be considered of the same importance as other branches of 
 study. 
 
 6". The examination papers of applicants are for the information of the county 
 superintendent alone, and are not public records. Note 2 to section 1768. 
 
 SEC. 1767. 1. County superintendents should remember that they are to 
 inquire, not only into the literary qualifications of the applicant, but they must 
 also certify that they are, satisfied that the applicant possesses a good moral 
 character, and the essential qualifications for governing and instructing children 
 and youth. Form 29. 
 
 2. Scholarship, good moral character, ability to govern, aptness to teach, our 
 law requires all these qualifications in those to whom are intrusted the highest 
 interests of the state, the education of its youth. 
 
 3. Applicants may be required to present such evidences of good moral char- 
 acter as the county superintendent shall demand. The superintendent should be 
 fully satisfied in every particular mentioned in the law, before issuing the certifi- 
 cate. S. L. Decisions, 115. 
 
 4. The county superintendent is sole judge of the manner and extent of the 
 examination he will require of applicants for certificates to teach in his county 
 52 Iowa, 111. 
 
 5. It is usually desirable that some of the work of every applicant shall be 
 filed with the county superintendent, as a record which will serve to prove for the 
 candidate, that he received his certificate upon merit. 
 
 6. The renewal or indorsement of certificates is not provided for by law. 
 
 7. By section 1769, the county superintendent is made responsible to the insti- 
 tute fund for one dollar from every applicant examined. 
 
62 SCHOOL LAWS OF IOWA. 
 
 and the essential qualifications for governing and instructing children 
 and youth, he shall give them a certificate to that effect, for a term not 
 exceeding one year. 
 
 SEC. 1768. Any school officer or other person shall be permitted to 
 be present at the examination; and the superintendent shall make a 
 record of the name, residence, age, and date of examination of all per- 
 sons so examined, distinguishing between those to whom he issued certifi- 
 cates and those rejected. 
 
 SEC. 1769. ( As amended by Chap. 57, Laws of 1874, and Chap. 54, 
 Laws of 1878.) The county superintendent shall hold, annually, a nor- 
 mal institute for the instruction of teachers and those who may desire to 
 teach, and with the concurrence of the superintendent of public instruc- 
 tion, procure such assistance as may be necessary to conduct the same, 
 at such time as the schools in the county are generally closed. To defray 
 
 8. After ascertaining the general'attainments of teachers, inspection of their 
 school work should determine largely the grade of certificate. 
 
 9. The law fixes only the maximum time for which a certificate may be given. 
 The minimum is left to the discretion of the county superintendent, but it is desir- 
 able in the case of advanced teachers, to make the time as near one year as possible. 
 
 10. The so-called professional certificate was a special form recommended by 
 this department for a short time very many years ago, but it has fallen almost out 
 
 of use. Since the revival of the state certificate there has seemed to be still less 
 need for the professional certificate. 
 
 11 . For many years, county superintendents have been limited as to the minimum 
 age of those receiving certificates. The restriction has given almost universal 
 satisfaction. It is believed that in general, boys under nineteen, and girls under 
 seventeen years of age, may not be expected to possess that maturity of mind and 
 strength of character needed to manage a school successfully, and to determine 
 wisely the many important questions daily demanding an answer from the teacher. 
 
 SEC. 1768. 1. The record required by this section should be carefully made, 
 as the items form a part of the county superintendent's annual report to the super- 
 intendent of public instruction. 
 
 2. The examination manuscripts of applicants are for the information of the 
 county superintendent and do not become a part of the public records of the office. 
 Candidates may not demand the privilege of inspecting their markings as a right. 
 Note 6 to section 1766. 
 
 3. A certificate may not be issued upon an examination taken in another 
 county. In addition to furnishing any credentials or other written evidence 
 which the examiner may require, the applicant must appear in person. 
 
 4. The examination may be 'taken in parts, at different times, and may be con- 
 tinued until the record is made closing the examination. 
 
 SEC. 1769. 1. The normal institute must be held at a time when the public 
 schools are generally closed. 
 
 2. County superintendents will determine the time and place, and suggest 
 names of conductor and instructors for approval, making application to the 
 superintendent of public instruction according to form 82, at lease thirty days 
 before the institute is to commence. This application and the appointment are 
 necessary to secure the state appropriation. 
 
SCHOOL LAWS OF IOWA. 63 
 
 the expenses of said institute, he shall require the payment of a registra- 
 tion fee of one dollar from each person attending the normal institute, 
 and shall also require the payment, in all cases, of one dollar from 
 every applicant for a certificate. He shall, monthly, and at the close of 
 each institute, transmit to the county treasurer, all moneys so received, 
 including the state appropriation for institutes, to be designated-4he in- 
 stitute fund; together with a report of the name of each person so contrib- 
 uting, and the amount. The board of supervisors may appropriate such 
 additional sum as may by them be deemed necessary for the further 
 support of such institute. All disbursements of the institute fund shall 
 be upon the order of the county superintendent; and no order shall 
 be drawn except for bills presented to the county superintendent, and 
 approved by him, for services rendered or expenses incurred in connec- 
 tion with the normal institute. 
 
 3. The length of time during which the normal institute shall remain in session 
 is left to the discretion of the county superintendent. This will depend largely 
 upon the amount of the institute fund. It cannot remain in session less than one 
 week of six days. Section 1584. 
 
 1. Young and inexperienced teachers will not expect to receive certificates, 
 unless of the lowest grade, without regularly attending the normal institute. By 
 means of the large fund and the length of time this institute may remain in ses- 
 sion, it can, if the proper means are employed, be rendered invaluable to teachers. 
 The benefits which they will receive should secure their voluntary and general 
 attendance. 
 
 5. A conductor of successful experience in institute work, able to give plain, 
 practical instruction in methods of school organization, government and teaching, 
 should be secured early. The other instructors should be superior teachers of 
 recent experience, and, where practicable, one or more lady teachers should be 
 employed. 
 
 6. County superintendents should have sufficient evidence of the abilities of 
 their instructors before employing them. In all cases where strangers are 
 employed, references should be required, and inquiries made at the state depart- 
 ment will frequently secure the proper knowledge. 
 
 7. The superintendent should be director, assuming the general oversight and 
 direction of the institute, but should not act as conductor. He is entitled to his 
 per diem for any service in connection with the institute, as for other official 
 duties, but receives no part of the institute fund. 
 
 8. These normal institutes are short training schools, their object is to reach 
 and correct the greatest defects found in the schools. The superintendent in visit- 
 ing schools should seek to discover the most prominent defects and wants in the 
 methods of instruction. The normal institute will afford effective means of 
 reaching and correcting these faults. The great object is to instruct teachers how 
 to teach children. 
 
 9. The reports and payments to the county treasurer, required by this section, 
 should be made on the first day of each month. Forms 30, 31, 33 and 34. 
 
 10. It is the duty of the board of supervisors, at the close of his term of office, 
 to settle with the county superintendent, as with other county officers, according 
 to the provisions of the law. 
 
64 SCHOOL LAWS OF IOWA. 
 
 SEC. 1770. If, for any cause, the county superintendent is unable to 
 attend to his official duties he shall appoint a deputy to perform them 
 in his stead, except visiting schools and trying appeals. 
 
 SEC. 1771. The superintendent may revoke the certificate of any 
 teacher in the county which was given by the superintendent thereof, 
 for any reason which would have justified the withholding thereof when 
 the same was given, after an investigation of the facts in the case, of 
 which investigation the teacher shall have personal notice, and he shall 
 be permitted to be present and make his defense. 
 
 SEC. 1772. On the first Tuesday of October of each year he shall 
 make a report to the superintendent of public instruction, containing a 
 full abstract of the reports made to him by the respective district secre- 
 taries, and such other matters as he shall be directed to report by said super- 
 intendent, and as he himself may deem essential in exhibiting the true 
 condition of the schools under his charge; and he shall, at the same time, 
 
 SEC. 1770. Both the appointment and his bond must be approved by the. board 
 of supervisors before the deputy may enter upon his duties. 
 
 SEC. 1771. 1. The notice should contain an explicit statement of the charges 
 against which the teacher is expected to make his defense. Form 85. S. L. 
 Decisions, 41 and 84. 
 
 2. Any person aggrieved by an action of the county superintendent in refusing 
 to grant a certificate or in revoking the same, may apply to him for a rehearing, 
 the proceedings to correspond as nearly as possible to the proceedings in the case 
 of an appeal from a board of directors. If any party is aggrieved by the result 
 of this investigation, an appeal may be taken therefrom to the superintendent of 
 public instruction. 
 
 3. Though an appeal will lie in such' cases, the discretion of a county superin- 
 tendent in refusing or revoking a teacher's certificate will not be interfered with 
 by the superintendent of public instruction, unless it is clearly shown that in such 
 act the county superintendent violated law or abused discretion. S. L. Decisions, 
 17 and 138. 
 
 SEC. 1772. 1. The blanks for the annual report of the county superintendent 
 together with instructions for making the report, are furnished by the superintend- 
 ent of public instruction. 
 
 2. The superintendent may test the accuracy of the treasurers' reports by con- 
 sulting the books of the county treasurer. The amount of the several funds 
 reported received from the district tax. also the amount received from the semi- 
 annual apportionments, must agree with the county treasurer's receipts for the 
 same. 
 
 3. All errors should be corrected. The amounts reported on hand in the last 
 report from the district treasurer should the following year always be reported 
 as the amounts on hand at last report. 
 
 4. The abstract of the enumeration of children in each district should be made 
 with, special care, and should be complete and accurate, otherwise the county will 
 not obtain its just proportion of the income of the permanent school fund. 
 
 5. Should the district secretaries or treasurers fail to make their reports in 
 time, the superintendent should take prompt measures to secure them, going after 
 them if necessary. 
 
SCHOOL LAWS OF IOWA. 65 
 
 file with the county auditor a statement of the number of persons between 
 the ages of five and twenty-one years in each school district in his county. 
 
 SEC. 1773. Should he fail to make either of the reports required in 
 the last section he shall forfeit to the school fund of his county the sum 
 of fifty dollars, and shall, besides, be liable for all damages caused by 
 such neglect. 
 
 SEC. 1774. (As amended by Chap. 161, Laws of 1882.) He shall at 
 all times conform to the instructions of the superintendent of public 
 instruction, as to matters within the jurisdiction of the said superintend- 
 ent. He shall serve as the organ of communication between the super- 
 intendent and township or district authorities. He shall transmit to the 
 townships, districts, or teachers, all blanks, circulars, and other commu- 
 nications which are to them directed. He may, at his discretion, visit 
 the different schools in his county, and shall, at the request of a majority 
 of the directors of a district, visit the school in said district at least once 
 during each term. 
 
 SEC. 1775. He shall report on the first Tuesday of October of each 
 year to the superintendent of the Iowa college for the blind, the name, 
 age, residence, and post office address of every person blind to such an 
 extent as to be unable to acquire an education in the common schools 
 and who resides in the county in which he is superintendent, and also to 
 the superintendent of the Iowa institution for the deaf and dumb, the 
 name, age, and post office address of every deaf and dumb person 
 between the ages of five and twenty-one who resides within his county, 
 including all such persons as may be deaf to such an extent as to be 
 unable to acquire an education in the common schools. 
 
 SEC. 1774. 1. The county attorney is the legal adviser of the different county 
 officers. Section 3, chapter 73, laws of 1886. He should be freely consulted on 
 questions of law upon which the superintendent is in doubt. 
 
 2. The superintendent in his visits should seek to aid, instruct, and inspire 
 teachers to the employment of the best methods of teaching, governing, and con- 
 ducting their schools, should try to secure the proper classification of scholars, the 
 arrangement of courses of study, and the care and protection of school property. 
 He should study to awaken among parents and children a deeper interest in the 
 public schools, so as to secure improved attendance, deportment and scholarship, 
 
 nd more frequent visits of parents and school officers. A judicious visit from the 
 perintendent may often serve to infuse new life into the school. 
 
 3. The county superintendent should carefully observe the condition of the 
 hool-house and surroundings, note all defects, and notify the subdirector or 
 ard of the same. 
 
 SEC. 1775. 1. The blanks for these reports are furnished by the superintendents 
 of the respective institutions. 
 
 2. It shall be the duty of the county superintendent to report to the superintend- 
 ent of the institution for feeble-minded children, on the first day of October of 
 fch year, the name, age and post office address of every person in his county 
 tween the ages of five and twenty-one, who by reason of feeble mental and 
 5 
 
66 SCHOOL LAWS OF IOWA. 
 
 SEC. 17T6. (As amended by Chap. 161, Laws of 1882.) The county 
 superintendent shall receive from the county treasurer the sum of four 
 dollars per day for every day necessarily engaged in the performance of 
 official duties, and also the necessary stationery and postage for the use 
 of his office, and he shall be entitled to such additional compensation as 
 the board of supervisors may allow; provided, that he shall first file a 
 sworn statement of the time he has been employed in his official duties, 
 with the county auditor. 
 
 TAXES. 
 
 SECTION 17Y7. The board of directors shall, at their regular meeting 
 in March of each year, or at a special meeting convened for that pur- 
 pose, between the time designated for such regular meeting and the 
 third Monday in May, estimate the amount required for the contingent 
 fund, and also such sum as may be required for the teachers' fund, in 
 addition to the amount received from the semi-annual apportionment, as 
 shown by the notice from the county auditor, to support the schools' of 
 the district for the time required by law for the current year; and shall 
 cause the secretary to certify the same, together with the amount voted 
 
 physical condition is deprived of a reasonable degree of benefit from the common 
 schools. He shall also state in said report whether or not such person has ever 
 attended school, and how long, if at all, and he shall also give the post office 
 address of the parent, guardian, or nearest friend of such person. Section 6, 
 chapter 40, laws of 1882. 
 
 SEC. 1776. 1. The board of supervisors shall furnish the county superintendent 
 with an office at the county seat, together with fuel, lights, blanks, books and 
 stationery necessary and proper to enable him promptly and properly to discharge 
 the duties of his office, but in no case shall such officer be permitted to occupy an 
 office also occupied by a practicing attorney. Section 3844, Code. 
 
 2. The board of supervisors may not limit the county superintendent as to the 
 number of days he shall give to his work, in order to comply with his oath of 
 office. Having filed his sworn statement in the form prescribed by the board, he 
 is entitled to his per diem for time actually employed. If he has filed a false state- 
 ment he may be tried for maladministration in office, as provided for in section 746, 
 Code. 
 
 3. It is the intention of the law that each county superintendent shall deter- 
 mine the time necessary to be employed in the duties of his office, and the division 
 of labor to be made. Of course, specific duties are required, such as making cer- 
 tain reports at times designated, visiting a school if requested by the board, and 
 that he shall conform to instructions from the superintendent of public instruction. 
 But in general, he is to decide for himself, as indicated in his oath of office, what 
 means will best advance the work in his county. 
 
 SEC. 1777. 1. This section requires boards to certify the specific sums neces- 
 sary to be raised for teachers' and contingent fund to the board of supervisors, 
 whose duty it is to estimate and levy the per centum necessary to raise the amounts 
 so certified. Forms 36 and 37. 
 
 2. A tax voted after the third Monday in May is void. This renders it essential 
 that boards act promptly and certify taxes within the required time. 73 Iowa, 304. 
 
SCHOOL LAWS OF IOWA. 67 
 
 for school-house purposes, within five days thereafter to the board of 
 supervisors, who shall at the time of levying taxes for county purposes, 
 subject to the provisions of section seventeen hundred and eighty of this 
 chapter, levy the per centum necessary to raise the sum thus certified 
 upon the property of the district township, which shall be collected and 
 paid over as are other district taxes. 
 
 SEC. 1778. They shall apportion any tax voted by the district town- 
 ship meeting for school-house fund, among the several subdistricts in 
 such a manner as justice and equity may require, taking as the basis of 
 such apportionment the respective amounts previously levied upon said 
 subdistricts for the use of such fund; provided, that if the electors of one 
 or more subdistricts at their last annual meeting shall have voted to raise 
 a sum for school-house purposes greater than that granted by the electors 
 at their last annual meeting of the district township, they shall esti- 
 mate the amount of such excess on such subdistrict or subdistricts, 
 
 3. It is the rule that school-house funds must be voted by the electors. Excep- 
 tions, sections 1787, 1804, 1823, and 3049. 
 
 4. It is wholly within the discretion or' the board of directors to determine the 
 amounts required for the contingent and teachers' funds. 41 Iowa, 153. Any 
 vote of the electors with reference to these amounts is only suggestive, and is not 
 at all binding. 
 
 5. Section 1780 limits the amount which may be levied in a district township 
 for any one year, to fifteen dollars per scholar for teachers' fund and five dollars 
 per scholar for contingent fund, but authorizes the levy of seventy-five dollars for 
 contingent, and two hundred and seventy dollars for teachers' fund for each sub- 
 district, even if the levy thereby exceeds five and fifteen dollars per scholar, for 
 these funds. 
 
 6. If the amount of school-house tax voted and certified by the board of 
 directors in any year exceeds the limit which the board of supervisors is allowed 
 to levy, under the provisions of section 1780, it is the duty of the board of directors 
 to certify the amount of the deficiency from year to year until the whole amount 
 is levied. 
 
 7. The teachers' and contingent funds are not to be apportioned among the 
 subdistricts, but levied uniformly on the taxable property of the district township. 
 
 8. Chapter 67, laws of 1874, authorizes districts formed from territory lying in 
 adjoining counties, to vote and certify to the respective boards of supervisors the 
 number of mills on the dollar required to raise the necessary school taxes. 
 
 SEC. 1778. 1. All school-house taxes must be voted either by the district or by 
 the subaistrict electors. Sections 1717' and 1807. When voted they must in all 
 cases be certified to the board of supervisors. S. L. Decisions, 90. . 
 
 2. For the purpose of collection, all taxes voted by the district township meet- 
 ing must be apportioned among the subdistricts of the township. The basis of 
 this apportionment is the aggregate number of mills previously levied upon the 
 subdistricts of the township for school-house purposes, and the division should be 
 made so as gradually to equalize these rates, in order that the school-house tax 
 may, ultimately, be uniform throughout the district. Form 37. 
 
 3. The township electors may vote a tax for the erection of a school-house in 
 any subdistrict, without previous action of the subdistrict electors. 
 
68 SCHOOL LAWS OF IOWA. 
 
 and cause the secretary to certify the same within five days there" 
 after to the board of supervisors, who shall, at the time of levying 
 taxes for county purposes, levy the per centum of such excess on the 
 taxable property of the subdistrict asking the same, provided that not 
 more than fifteen mills on the dollar shall be levied on the taxable 
 property of any subdistrict for any one year for school-house purposes. 
 
 BOARD OF SUPERVISORS. 
 
 SECTION 1779. The board of supervisors of each county shall, at the 
 time of levying the taxes for county purposes, levy a tax for the sup- 
 port of schools within the county, of not less than one mill, nor more 
 than three mills on the dollar, on the assessed value of all the real and 
 personal property within the county, which shall be collected by the 
 county treasurer at the time and in the same manner as state and county 
 taxes are collected, except that it shall be receivable only in cash. 
 
 SEC. 1780. They shall also levy at the same time the district school 
 tax certified to them from time to time by the respective district secre- 
 taries; provided that the amount levied for school-house fund shall not 
 exceed ten mills on the dollar, on the property of any district, and the 
 amount levied for contingent fund shall not exceed five dollars per pupil, 
 and the amount raised for teachers' fund, including the amount received 
 from the semi-annual apportionment, shall not exceed fifteen dollars per 
 
 4. If the subdistrict electors vote to raise a sum for school-house purposes, it is 
 the duty of the subdirector to certify the same to the district township meeting. 
 If this duty is neglected, the board of directors is not authorized to certify the 
 tax voted. Forms 5 and 88. 
 
 5. Whatever portion of the sum, properly certified, the district meeting neglects 
 or refuses to grant, must be certified and levied directly upon the subdistrict 
 voting, in addition to the equitable portion of the whole amount voted by the dis- 
 trict township meeting. If the meeting refuses to vote any amount, the whole 
 must be certified and levied upon the subdistrict. 69 Iowa, 533. S. L. Decisions ? 
 52 and 90. 
 
 6. The tendency of the action of the subdistrict electors in voting school-house 
 taxes is to produce unequal rates of taxation for school-house purposes, and other- 
 wise greatly to complicate the raising of school-house funds; hence, unless the 
 necessities of the case absolutely require, such action should not be encouraged. 
 All necessary school-house taxes should, as a rule, be voted by the district town- 
 ship meeting. Note (c) to form 3. 
 
 SEC. 1780. 1. The first proviso does not apply where a larger tax is required 
 to meet the interest on valid outstanding bonds. 69 Iowa, 612. 
 
 2. The second proviso in this section was added for the relief of sparsely settled 
 townships, in which five dollars per scholar for contingent fund and fifteen dollars 
 per scholar for teachers' fund, is not adequate to maintain schools for the time 
 required by law. In such districts these limits may be exceeded, providing that 
 not more than $75 contingent fund, and $270, including the semi-annual apportion- 
 ment, for teachers' fund, is levied for each subdistrict in the township. 
 
SCHOOL LAWS OF IOWA. 69 
 
 pupil for each pupil residing in the district, as shown by the last report 
 of the county superintendent. And if the amount certified to the board 
 of supervisors exceeds this limit, they shall levy only to the amount lim- 
 ited; provided that they may levy seventy -five dollars for contingent 
 fund, and two hundred and seventy dollars, including the amount 
 received from the semi-annual apportionment, for the teachers' fund for 
 each subdistrict. 
 
 COUNTY AUDITOR. 
 
 SECTION 1781. The county auditor shall, on the first Monday in April 
 and the fourth Monday in September of each year, apportion the county 
 school tax, together with the interest of the permanent school fund to 
 which his county is entitled, and all other money in the hands of the 
 county treasurer belonging in common to the schools of his county, and 
 not included in any previous apportionment, among the several subdis- 
 tricts therein, in proportion to the number of persons between five and 
 twenty-one years of age, as shown by the report of the county superin- 
 tendent, filed with him for the year immediately preceding. 
 
 SEC. 1782. He shall immediately notify the president of each school 
 district of the sum to which his district is entitled by said apportionment, 
 and shall issue his warrant for the same to accompany said notice, which 
 warrant shall be also signed by the president and countersigned by the 
 secretary of the district in whose favor the same is drawn; and shall 
 authorize the district treasurer to draw the amount due said district from 
 the county treasurer; and the secretary shall charge the treasurer of the 
 district with all warrants drawn in his favor, and credit him with all war- 
 rants drawn on the funds in his hands, keeping separate accounts with 
 each fund. 
 
 SEC. 1783. He shall forward to the superintendent of public instruc- 
 tion, a certificate of the election or appointment and qualification of the 
 county superintendent; and shall, also, on the second Monday, in Feb- 
 
 SEC. 1781. The word subdistricts in the sixth and seventh lines of this section, 
 evidently means the present district. 
 
 SEC. 1783. This account, pfoperly kept by the secretary, will assist boards in 
 leir frequent settlements with the treasurer, as required by section 1732. Form 39 . 
 SEC. 1783. It is important that the certificate referred to, should be promptly 
 >rwarded to the superintendent of public instruction, otherwise the interests of 
 ic county may suffer by the transaction of business with persons not duly author- 
 ed to act. The certificate should in all cases certify to the qualification, as well 
 the election or appointment of the county superintendent; for, although he may 
 properly elected or appointed, yet he cannot be recognized until it is known 
 lat he has taken the necessary oath of office, and filed the required bond. When- 
 ever any change is made by resignation or otherwise, a certificate of the appoint- 
 lent and qualification of a successor should be immediately forwarded. Forms 
 and 41. 
 
TO SCHOOL LAWS OF IOWA. 
 
 ruary and August of each year, make out and transmit to the auditor of 
 state, in accordance with such form as said auditor may prescribe, a 
 report of the interest of the school fund then in the hands of the county 
 treasurer, and not included in any previous apportionment, and also the 
 amount of said interest remaining unpaid. 
 
 COUNTY TKEASUREK. 
 
 SECTION 1784. The county treasurer shall, on the first Monday in 
 April of each year, pay over to the treasurer of the district, the" amount 
 of all school district tax which shall have been collected, and shall 
 render him a statement of the amount uncollected, and shall pay over 
 the amount in his hands quarterly, thereafter. He shall also keep the 
 amount of tax levied for school-house purposes, separate in each subdis- 
 trict, where such levy has been made directly upon the property of the 
 subdistrict making the application, and shall pay over the same, quar- 
 terly, to the township treasurer for the benefit of such subdistrict. He 
 shall, in all counties wherein independent districts are organized, keep 
 a separate account with said independent districts, in which the receipts 
 shall be daily entered, which books shall at all times be open to the 
 inspection and examination of the district board of directors, and shall 
 pay over to the said independent districts the amount of school taxes in 
 his possession on the order of the board, on the first day of each and 
 every month. 
 
 SEC. 1785. On the first day of each quarter, the county treasurer shall 
 give notice to the president of the school board of each township, in his 
 county, of the amount collected for each fund; and the president of each 
 board shall draw his warrant, countersigned by the secretary, upon the 
 county treasurer, for such amount, who shall pay the amount of such 
 taxes to the treasurers of the several school boards, only on such war- 
 rants. 
 
 MISCELLANEOUS. 
 
 SECTION 1786. (As amended by Chap. 73, Laws of 1886.) All fines 
 and penalties collected from a school district Officer by virtue of any of 
 
 SEC. 1785. 1. The three funds, school-house, teachers' and contingent, must be 
 kept separate by the county treasurer, as directed in this section, to enable school 
 officers to comply with the law in the discharge of their official duties. Sections 
 1739, 1741, 1745, 1748, 1750, and 1782. Form 42. 
 
 2. The division of funds made by the county treasurer should be respected by 
 the board, unless the electors direct school-house funds unappropriated transferred 
 to other funds. This is the only transfer provided for by law. Note 14 to section 
 1717 and note 7 to section 1748. 
 
 SEC. 1786. The sureties on an official bond cannot be held after the lapse of 
 three years. Section 2529, Code. 
 
SCHOOL LAWS OF IOWA. 71 
 
 the provisions of this chapter, shall inure to the benefit of that particu- 
 lar district. Those collected from any member of the board of directors, 
 shall belong to the district township, and those collected from county 
 officers, to the county. In the two former cases, suit shall be brought 
 in the name of the district township; in the latter, in the name^of Jhe 
 county and by the county attorney. The amount in each case shall be 
 added to the fund next to be applied by the recipient, for the use of 
 common schools. 
 
 SEC. 1787. When a judgment has been obtained against a school 
 district, the board of directors shall pay off and satisfy the same from the 
 proper fund, by an order on the treasurer; and the district meeting, at 
 the time for voting a tax for the payment of other liabilities of the dis- 
 trict, shall provide for the payment of such order or orders. 
 
 SEC. 1788. In case a school district has borrowed money of the 
 school fund, the board of supervisors shall levy such tax, not exceeding 
 five mills on the dollar in any one year, on the taxable property of the 
 district as constituted at the time of making such loan, as may be 
 necessary to pay the annual interest on said loan, and the principal, 
 when the same falls due, unless the board of supervisors shall see proper 
 to extend the time of said loan. 
 
 SEC. 1789. (As amended by Chap. 51, Laws of 1888.) No district 
 township or subdistrict meeting shall organize earlier than nine o'clock 
 A. M., nor adjourn before 12 o'clock M. ; and in all independent districts 
 having a population of three hundred and upward, the, polls shall remain 
 open from twelve o clock M. to seven o'clock p. M. 
 
 SEC. 1790. Any school director, or director elect, is authorized to 
 administer to any school director elect, the official oath required by law, 
 
 SEC. 1787. An order drawn under this section is not entitled to payment to the 
 exclusion of other orders on the school-house fund. 40 Iowa, 620. Note 3 to sec- 
 tion 1747. 
 
 SEC. 1789. 1. The object of this section is to prevent a few designing persons 
 from meeting at an unusual hour, dispatching the business with unseemly haste, 
 and adjourning before many of the electors arrive. The meeting should be con- 
 ducted with entire fairness, and an opportunity given for an expression of the 
 real sentiment of the district. 
 
 2. In district townships, subdistricts, and in independent districts containing 
 than three hundred inhabitants, the meeting may be organized at any time 
 
 fter 9 o'clock a. m., and before 6 o'clock p. m., and may continue as much more 
 lan three hours as the circumstances may require. 
 
 3. The law contemplates at least three hours for the election in any case. Iowa 
 Reports, 37, 131; 39, 380. Note 2 to section 1718. 
 
 4. Independent districts of 15,000 and up wards are not governed by this section. 
 Chapter 8, laws of 1880. 
 
 SEC. 1790. 1. When an election is contested, the person elected shall have 
 twenty days in which to qualify, after the date of the decision. Section 687, Code. 
 
72 SCHOOL LAWS Oi IOWA. 
 
 and said official oath may be taken, on or before the third Monday in 
 March following the election of directors. 
 
 SEC. 1791. When any school officer is superseded by election or 
 otherwise, he shall immediately deliver to his successor in office, all 
 books, papers, and moneys pertaining to his office, taking a receipt 
 therefor; and every such officer who shall refuse to do so, or who shall 
 willfully mutilate or destroy any such books or papers, or any part 
 thereof, or shall misapply any moneys entrusted to him by virtue of his 
 office, shall be liable to the provisions of the general statutes for the 
 punishment of such offense. 
 
 SEC. 1792. Nothing in this chapter shall be so construed as to ffive 
 the board of directors of a district township jurisdiction over any terri- 
 tory included within the limits of any independent district. 
 
 ATTENDANCE. 
 
 CHAPTER 166, LAWS OF 1878. 
 TUITION OF PAUPEK CHILDREN. 
 
 SECTION 1. Section 1381 of the Code is hereby amended by adding at 
 the end of the section: The expense of the poor-house shall include 
 such an amount of tuition for the instruction of the pauper children, as 
 the whole number of days' attendance of such pauper children, is to the 
 total number of days' attendance in the school at which pauper children 
 attend, and such amount shall be paid into the treasury of the district 
 where said children attend. 
 
 SECTION 1793. (As amended by Chap. 64, Laws of 1876, and Chap. 
 41, Laws of 1878.) Children residing in one district may attend school 
 in another in the same or adjoining county or township, on such terms 
 as may be agreed upon by the respective boards of directors; but in case 
 no such agreement is made, they may attend school in any such adjoin- 
 ing district, with the consent of the county superintendent of the county 
 where said pupils reside and the board of directors of said adjoining 
 
 2. The secretary, unless he is a member of the board, or a civil officer qualified 
 to administer oaths, cannot administer the oath. Any director or subdirector, 
 whether holding over or elected, can administer the oath of qualification. 
 
 3. The decision of a tie vote, as made by chapter 7, laws of 1880, may make it im- 
 possible for the person chosen to qualify on the third Monday in March. In such 
 case, the board should fix a reasonable time within which the person must qualify. 
 The provisions of section 687, Code, may perhaps apply. See note 1 above. 
 
 SEC. 1791. The language of this section includes copies of the school laws, 
 school journals, reports, and all other publications which may be received by 
 virtue of being a school officer. Sections 3908, 3917, 3918, and 3929, Code. 
 
 SEC. 1793. 1. If scholars reside more than one and one-half miles from a 
 school in their own district and nearer to a school in an adjoining district, which 
 they desire to attend, application should first be made to both boards of directors; 
 
SCHOOL LAWS OF IOWA. 73 
 
 district, when they reside nearer the school in said district, and one 
 and a half miles or more, by the nearest traveled highway, from any 
 school in their own. The board of directors of the township in which 
 such children reside, shall be notified in writing and the district 
 in which they reside shall pay to the district in which they jittend 
 school, the average tuition of said children per week, and an average 
 proportion of the contingent expenses of said district where they attend 
 school; and in case of refusal so to do, the secretary shall file the account 
 for said tuition and contingent expenses, certified to by the president of 
 his board, with the county auditor of the county in which said children 
 reside, and the said county auditor shall, at the time of making the next 
 semi-annual apportionment thereafter, deduct the amount so certified 
 
 if the boards refuse to enter into an agreement, they may attend school in such 
 adjoining district with the consent of the board of the district where they desire to 
 attend and of the county superintendent of the county in which the children 
 reside. 
 
 2. There is no provision of law by which the district may pay the board or 
 other expenses of scholars, except tuition and contingent expenses. 
 
 3. In giving or withholding his consent, the county superintendent should con- 
 sider all the circumstances, and when he has concurred or refused to concur, the 
 matter is concluded for that time, as no appeal will lie. 
 
 4. This section applies also to all districts, whether in the same or in adjoining 
 civil townships. 
 
 5. The distance should, in all cases, be computed by the nearest public road. 
 
 6. If scholars live nearer to a school in their own district, or less than one and 
 one-half miles of one, they can attend school in an adjoining district at the expense 
 of their own district, only by an agreement of both boards. 
 
 7. In no case may scholars attend school in a district in which they do not 
 reside, without the consent of the board thereof. 
 
 8. The notice referred to cannot be said to be officially transmitted unless 
 signed by both the president and secretary. Payment for attendance can be col- 
 lected from the district where the children reside, only from the date of such 
 notice. Form 43. 
 
 9. This notice holds only for the term, or such time as the county superintend- 
 ent and board name in their written concurrent agreement. 
 
 10. Depositing a letter in a postoffice without further proof that such letter 
 reached the party addressed, is not a legal notice as required by section 1793 to 
 secure payment of tuition on the part of an adjoining district. 
 
 11. The average proportion of tuition and contingent expenses for any number 
 of scholars is found by dividing the amount expended for these. purposes in the 
 subdistrict where they have attended, by the total attendance in days, and multi- 
 plying the quotient by the number of days said scholars have attended. 
 
 12. When scholars attend a graded school, the average tuition should be com- 
 puted on the basis of the expense of each pupil in the grade or room in which 
 such scholars are placed; the average expense of contingent fund may be computed 
 as a part of the whole contingent expense of such school. 
 
 13. Any other action than compliance with the absolute and explicit terms of 
 law, will render the collection of tuition difficult and in most cases impossible. 
 
 >. L. Decisions, 77 and 118. 
 
74 SCHOOL LAWS OF IOWA. 
 
 from the sum apportioned to the district in which said children reside 
 and cause it to be paid over to the district in which they have attended 
 school. 
 
 SEC. 1794. Pupils who are actual residents of a district shall be per- 
 mitted to attend school in the same, regardless of the time when they 
 acquired such residence, whether before or after the enumeration, or of 
 the residence of their parents or guardians; but pupils who are sojourn- 
 ing temporarily in one district, while their actual residence is in another, 
 and to whom the last preceding section is not applicable, may attend 
 school upon such terms as the board of directors may deem just and 
 equitable. 
 
 SEC. 1795. Pupils may attend school in any subdistrict of the district 
 township in which they reside, with the consent of the subdirector of 
 such subdistrict, and of the subdirector of the subdistrict in which such 
 pupils reside. 
 
 BOUNDARIES. 
 
 SEC. 1796. The board of directors shall, at their regular meeting in 
 September, or at any special meeting called thereafter for that purpose, 
 divide their township into subdistricts, such as justice, equity, and the 
 interests of the people require; and may make such alterations of the 
 boundaries of subdistricts heretofore formed, as may be deemed neces- 
 sary; and shall designate such subdistricts, and all subsequent alterations, 
 
 SEC. 1794. 1. The residence of the scholar, and not of the parent, determines 
 his right to attend school. The parent may reside in one district, and the child in 
 another. If the parent sends him into another district to remain for a limited 
 period, he may attend school only on such terms as are prescribed by the board. 
 S. L. Decisions, 53 and 130. 
 
 2. In determining whether a person is entitled to attendance free of tuition, the 
 board may take any impartial method of deciding the question. 
 
 3. Parties may be required to satisfy the board that their residence is actual, 
 before being admitted to free attendance. But the board may not compel any 
 person to declare how long he intends to remain a resident of the district. 
 
 4. Any one aggrieved by the order of the board admitting, or refusing to 
 admit, a scholar, has the remedy of appeal. 
 
 SEC. 1795. In order that scholars may attend in another subdistrict in their 
 own township, it is necessary to have the consent of both subdirectors. As this 
 matter is placed in the hands of the respective subdirectors, the board has no con- 
 trol, and the only remedy for refusal is such a redistricting, under section 1796, as 
 will better accommodate all parties. 
 
 SEC. 1796. 1. While this section provides that boards may change subdistrict 
 boundaries at the regular meeting in September, or at a special meeting called for 
 that purpose, it must be understood that such change cannot be made so late as to 
 prevent the notices of election from being given at least live days previous to the 
 subdistrict elections, as required by section 1718. S. L. Decisions, 124. 
 
 2. It requires a vote of a majority of all the members of the board to make any 
 change in the boundaries of subdistricts. Section 1738. 
 
SCHOOL LAWS OF IOWA. 75 
 
 in a distinct and legible manner, upon a plat of the district provided for 
 that purpose; and shall cause a written description of the same to be 
 recorded in the district records, a copy of which shall be delivered by 
 the secretary to the county treasurer, and also to the county auditor, who 
 shall record the same in his office; provided that the boundaries of sub- 
 districts shall conform to the lines of congressional divisions of land; 
 and that the formation and alteration of subdistricts as contemplated in 
 this section shall not take effect until the next subdistrict election there- 
 after, at which election a subdirector shall be elected for the new sub- 
 district. 
 
 SEC. 1797. In cases where, by reason of streams or other natural 
 obstacles, any portion of the inhabitants of any school district cannot, 
 in the opinion of the county superintendent, with reasonable facility, 
 enjoy the advantages of any school in their township, the said county 
 superintendent, with the consent of the board of directors of such dis- 
 trict as may be affected thereby, may attach such part of said township to 
 an adjoining township, and the order therefor shall be transmitted to the 
 secretary of each district, and be by him recorded in his records, and the 
 proper entry made on his plat of the district. 
 
 3. It is especially important that the county auditor and treasurer be officially 
 notified by the district secretary, whenever any changes are made in district 
 boundaries, by the formation of independent districts and otherwise, to enable 
 these officers to perform their duties in the levies of taxes, and the apportionment 
 and disbursement of school funds. 
 
 4. By congressional divisions of land is meant those divisions authorized by 
 congress in government surveys, of which the smallest is, in general, one-sixteenth 
 of a section, or a tract of forty acres in a square form. Government lines, how- 
 ever, sometimes meander along streams and other bodies of water, and divisions 
 of land are thus formed of less than forty acres. S. L. Decisions, 80. 
 
 SEC. 1797. 1. This section contains the only provision of law under which a 
 subdistrict can be formed from parts of two or more civil townships. The law 
 should be strictly complied with, or the proceedings will be invalid. 
 
 2. Such subdistricts can be formed only by concurrent action of the board 
 of the district from which the territory is taken and the county superintendent. 
 62 Iowa, 616. 
 
 3. As the county superintendent has original concurrent jurisdiction, no ap- 
 peal can be taken from the refusal of the board to give consent. From the order 
 of the county superintendent an appeal may be taken to determine whether the 
 law was fulfilled, but not for the purpose of controlling his discretion in any way, 
 if the intent of the law was met. S. L. Decisions, 117. 
 
 4. The natural obstacle must be a large stream unbridged, an impassable 
 slough, the entire absence of a public highway, or some such natural insurmount- 
 able difficulty. 
 
 5. Streams well bridged and distance are not natural obstacles in the contem- 
 plation of the law. 
 
 6. Subdistricts cannot be formed from portions of two counties. 
 
76 SCHOOL LAWS OF IOWA. 
 
 SEC. 1798. (As amended by Chap. Ill, Laws of 1880, and Chap. 
 160, Laws of 1882.) In all cases where territory has been, or may 
 be, set into an adjoining county or township, or attached to any 
 independent school district in any adjoining county or township, 
 for school purposes, such territory may be restored by the concur- 
 rence of the respective boards of directors; but on the written appli- 
 cation of two-thirds of the electors residing upon the territory within 
 such township or independent district in which the school-house 
 is not situated, the said boards shall restore the territory to the dis- 
 trict to which it geographically belongs; provided however that no 
 such restoration shall be made unless there are fifteen or more pupils 
 between the ages of five and twenty-one years, actually residing upon 
 said territory sought to be restored, and not until tliere has been a suit- 
 able school-house erected and completed, within the limits of said terri- 
 tory suitable for school purposes. 
 
 SEC. 1799. The boundary lines of a civil township shall 'not be changed 
 by the board of supervisors of any county, so as to divide any school 
 district by changing the boundary lines thereof, except when a majority 
 of the voters of such district shall petition therefor; provided however 
 that this shall not prevent the change of the boundary lines of any civil 
 township, when such change is made by adopting the lines of congres- 
 sional townships. 
 
 FORMATION OF INDEPENDENT DISTRICTS. 
 
 SECTION 1800. (As amended by Chap. 139, Laws of 1880.) Any city, 
 town or village containing not less than two hundred inhabitants within 
 
 SEC. 1798. 1. It will be noticed that two distinct and separate methods are 
 provided by this section. 78 Iowa, 550. 
 
 2. When two-thirds petition, the remedy is not mandamus, but appeal from 
 the refusal of the board last acting. 73 Iowa, 134. 
 
 3. The restoration may take effect at any time agreed upon, but if no agree- 
 ment is made, it will take effect the following March. 59 Iowa, 109. 
 
 4. When the boundaries of districts are changed, the territory transferred 
 carries with it a just proportion of all assets and liabilities of the district from 
 which it is taken. 58 Iowa, 77. 
 
 SEC. 1799. 1. District township boundaries must conform to the boundaries of 
 civil townships under the provisions of section 1713. 
 
 2. The boundaries of independent districts are not affected by the change of 
 civil township boundaries. 
 
 3. The words school district in this section mean also subdistrict. Section 379, 
 Code. 
 
 SEC. 1800. 1. The two hundred inhabitants must be contained within the limits 
 of the town or village. 70 Iowa, 434. Additional territory should be given by 
 the board in forming the new independent district. Usually, territory equivalent 
 to about four government sections, will constitute a proper district. 
 
 2. An independent district cannot be formed from a city, town or village situ- 
 ated within an independent district, because no district township board can estab- 
 ish the boundaries, as provided by sections 1801 and 1805. 
 
SCHOOL LAWS OF IOWA. 77 
 
 its limits, may be constituted a separate school district; and territory 
 contiguous to such city, town or village, may be included with it as a 
 part of said separate district, in the manner hereinafter provided. The 
 village herein mentioned shall be understood to be a collection of inhab- 
 
 & 
 
 itants residing within the limits of a town plat, and not organized into a 
 city or incorporated town. 
 
 SEC. 1801. At the written request of any ten legal voters residing in 
 such city or town, the board of directors of the district township shall 
 establish the boundaries of the contemplated school district, including 
 such contiguous territory as may best subserve the convenience of the 
 people for school purposes, and shall give at least ten days' previous 
 notice of the time and place of meeting of the electors residing in said 
 district, by posting written notices in at least five conspicuous places 
 therein; at which meeting the said electors shall vote by ballot, for or 
 against, a separate organization. 
 
 SEC. 1802. (As amended by Chap. 27, Laws of 1874, and Chap. 145, 
 Laws of 1880.) Should a majority of votes be cast in favor of such sep- 
 arate organization, the board of directors of the district township, shall 
 give similar notice of a meeting of the electors for the election of six 
 directors. Two of these directors shall hold their office until the first 
 
 SEC. 1801. 1. The contemplated independent district must include all of the 
 city, town or village, and may include as much contiguous territory as the board 
 thinks proper. It is not limited by subdistrict lines, but may, if necessary, include 
 a part or all of two or more subdistricts. S. L. Decisions, 113 and 133. 
 
 2. When the boundaries extend beyond the limits of a town or city, they must 
 conform to lines of congressional divisions of land. Note 1 to section 1800. 
 
 3. The board of the district township in which a majority of the voters of the 
 contemplated independent district reside, may establish the boundaries of said 
 district without the concurrence of any other board, even when said territory is 
 taken from two or more civil townships in the same or adjoining counties. Sec- 
 tion 1805. 
 
 4. The notices of the election to determine the question of a separate organiza- 
 ion should state clearly the boundaries of the proposed district. 
 
 5. All of the electors residing within the proposed limits must be permitted to 
 rote on the question of separate organization. 17 Iowa, 85. 
 
 The president and secretary of the district township should act as chairman 
 id secretary of this meeting, and as judges of election; in their absence a chair- 
 lan and secretary should be chosen by the electors. 
 
 7. At the meeting to determine the question of separate organization the polls 
 mst remain open from 9 o'clock a. m. until 4 o'clock p. m. 34 Iowa, 306. 
 SEC. 1802. 1. The first board will enter upon the discharge of official duties as 
 >on as qualified, and organize by electing a president, a secretary and a treasurer; 
 term of office of the president will expire on the third Monday in March fol- 
 >wing his election, of the secretary and treasurer on the third Monday in 
 September after their election. 
 
 2. The secretary should immediately file with the county superintendent, 
 mditor and treasurer, each, a certificate, showing the officers of the board, and 
 
78 SCHOOL LAWS OF IOWA. 
 
 annual meeting after their election, and until their successors are elected 
 and qualified; two until the second, and two until the third annual meet- 
 ing thereafter; their respective terms of office to be determined by lot. 
 The six directors shall constitute a board of directors for the district, and 
 they shall, at their first regular meeting in each year, elect a president 
 from their own number; and at their meeting on the third Monday of 
 September in each year, a secretary and treasurer to be chosen outside 
 of the board; provided that in all independent districts having a popu- 
 lation of less than five hundred, there shall be three directors elected, 
 who shall organize by electing a president from their own number, also 
 a secretary, who may or may not be a member of the board, and a treas- 
 urer, who shall not be a member of the board; and provided further 
 that in all independent districts already organized, the terms of office of 
 such directors as may have been chosen previous to the taking effect of 
 this section for two or three years, shall not be interfered with by its 
 passage. 
 
 their post office address, and should notify them of all subsequent changes made 
 in the officers of the board. Section 1786 and note. 
 
 3. In all independent districts the president is chosen by the board from their 
 own number on the third Monday in March. He has the right to vote on all 
 questions coming before the board. Note 3 to section 1739. 
 
 4. The secretary and treasurer are elected on the third Monday in September. 
 In districts containing over live hundred inhabitants, they must be chosen outside 
 of the board. In districts containing lese, the secretary may or may not be chosen 
 from the board, but the treasurer must be chosen outside the board. If a member 
 of the board, of course the secretary has a vote. 
 
 5. The secretary and treasurer have ten days in which to qualify. Section 1721. 
 
 6. Where the law requires a certain duty to be performed by the board upon a 
 fixed day, as for instance the election of a secretary and a treasurer, an adjourn- 
 ment of the meeting to another fixed date will allow the transaction of the busi- 
 ness directed to be done on the day of the regular meeting. 75* Iowa, 196. Note 
 7 to section 1721. 
 
 7. In case the board fails to elect an officer on the day fixed by law, or at an 
 adjourned meeting the day of which was fixed at adjournment, the incumbent 
 holds over, and should qualify anew. Section 690, Code. 
 
 8. If the treasurer continues in office by reason of failure to elect a successor, 
 Ms bond should be renewed and he should produce and account for the funds in his 
 hands, and the statement of such settlement should be indorsed on his new bond. 
 Note 7 to section 1747. 
 
 9. All proceedings connected with the organization of the district should be 
 recorded by the secretaries in the records of the districts, so that the facts concern- 
 Ing its formation and organization may be readily obtained, in case the validity of 
 the proceedings should ever be questioned. 
 
 10. The last official census will, as a general rule, be sufficiently accurate to 
 determine questions relating to the population, but in case of doubt, the actual 
 existing facts govern, which may be ascertained by any reliable means. 77 Iowa, 
 <676. 
 
SCHOOL LAWS OF IOWA. 79 
 
 SEC. 1803. Said meeting for the first election of directors shall organ- 
 ize by appointing a president and secretary, who shall act as judges of 
 the election, and issue a certificate of election to the persons elected. 
 
 SEC. 1804. The organization of such independent district shall be 
 completed, on or before the first day of August of the year in which 
 said organization is attempted, and when such organization is thus-com- 
 pleted, all taxes levied by the board of directors of the district township 
 of which the independent district formed a part, in that year, shall be 
 void so far as the property within the limits of the independent district 
 is concerned; and the board of directors of such independent district 
 shall levy all necessary taxes for school purposes, as provided by law, 
 for that year, at a meeting called for that purpose, at any time before 
 the third Monday of August of that year, which shall be certified to the 
 board of supervisors, on or before the first Monday of September, and 
 said board of supervisors shall levy said tax at the time, and in the man- 
 ner, that school taxes are required to be levied in other districts. 
 
 SEC. 1805. In case such district is formed of parts of two or more 
 civil townships in the same or adjoining counties, the duty of giving the 
 notice shall devolve upon the board of directors of the township in which 
 a majority of the legal voters of the contemplated district reside. 
 
 SEC. 1806. Said district may have as many schools, and be divided 
 into such wards and other subdivisions for school purposes, as the board 
 of directors may deem proper; and shall be governed by the laws en- 
 acted for the regulation of district townships, so far as the same may be 
 applicable. 
 
 INDEPENDENT DISTRICT ELECTION. 
 
 SECTION 1807. (As amended by Chap. 131, Laws of 1886.) It shall 
 be lawful for the electors of any independent district, at the annual 
 meeting of such district, to vote a tax, not exceeding ten mills on the 
 dollar, in any one year, on the taxable property of such district, as the 
 meeting may deem sufficient for the purchase of grounds and the con- 
 
 SEC. 1804. 1. This section is construed to mean that the organization con- 
 jmplated must be made between January first and the first of August. 
 2. When a new independent district is organized as provided by this section, 
 board has authority to determine and certify all necessary taxes, for school 
 irposes, for that year, including school-house taxes. 
 SEC. 1805. An independent district composed of territory from two or more 
 mnties, belongs, for school purposes, to the county wherein most of the scholars 
 side. A certificate to teach should be issued by the superintendent of the county 
 which it thus belongs, which certificate is valid for any school in the district. 
 SEC. 1807. 1. The matters referred to may be presented at a time when the 
 irgest number is present, and voted upon viva voce. Or ballots may be prepared 
 that all those voting for members of the board may vote on one or more of these 
 lestions also. Note 15 to section 1717. 
 
80 SCHOOL LAWS OF IO\\A. 
 
 struction of the necessary school-houses for the use of such independent 
 district, and for the payment of any debts contracted for the erection of 
 such school-houses, and for procuring a library and apparatus for the 
 use of the schools of such independent district. And said electors may 
 direct the sale or other disposition to be made of any school-house or the 
 site thereof, or any part of such site, and of such other property, real 
 and personal, as may belong to the independent district, and direct the 
 manner in which the proceeds arising therefrom shall be applied. 
 
 CHAPTER 67, LAWS OF 1874. 
 VOTING ON SCHOOL TAXES. 
 
 SECTION 1. All school districts lying in two adjoining counties shall 
 have the right to vote mills, instead of specific sums, for school purposes. 
 
 CHAPTER 8, LAWS OF 1880. 
 SEPARATE POLLING PLACES. 
 
 SECTION 1. Independent school districts having a population of not 
 less than fifteen thousand inhabitants, shall be divided into not less than 
 three, nor more than six election precincts, in each of which a poll shall 
 be held at a convenient place, to be appointed by the board of directors, 
 for the reception of the ballots of the electors residing in such precinct 
 at said election. 
 
 SEC. 2. The board of directors shall provide for the submission of all 
 questions relating to the powers reserved to the electors under section 
 1807 of the Code, which questions shall be decided by ballot, returns to 
 be made on questions submitted as hereinafter provided. 
 
 2. The power to vote school-house taxes belongs exclusively to the electors. 
 The amount deemed necessary, and not a certain number of mills, should be voted. 
 The sums necessary for the teachers' and contingent funds are determined by the 
 board. 41 Iowa, 180. 
 
 3. The electors frequently assume to exercise powers not granted them by the 
 law. They have only such powers as are specifically named in the law. Note 5 
 to section 1717. 
 
 4. Independent districts of 15,000 and upwards are governed by chapter 8, 
 laws of 1880. 
 
 5. School elections are exempted from the operation of chapter 161, laws of 
 1886, known as the registry law, and of chapter 33, laws of 1892, the latest election 
 law. 
 
 6. In all cases, it would be well for the ballot to state the term voted for, in 
 connection with the name of the person. 
 
 7. The electors may not limit or restrict the board to the adoption of a course 
 of study including only such branches as the electors may name. Nor may the 
 electors direct that a particular branch, or certain studies, shall not be taught. It 
 is the province of the board to decide what branches besides those in a teacher's 
 examination and those named by the electors, shall be included in the course of 
 study and taught in the schools of the district. 
 
SCHOOL LAWS OF IOWA. 8 1 
 
 SEC. 3. A register of the electors residing in each precinct shall be 
 prepared by the board of directors from the register of the electors of any 
 city, town or township which is in whole or in part included within such 
 independent school district; and for that purpose a copy of such register 
 of electors shall be furnished by the clerk of each such city, town or 
 township to the board of directors. Said board shall, in each year "before 
 the annual election for directors, revise and correct such school election 
 registers by comparison thereof with the last register of elections for such 
 cities, towns and townships. And the register provided for by this sec- 
 tion shall have the same force and effect at elections held under this act, 
 and in respect to the reception of votes at said elections, as the register 
 of elections has by law at general elections. 
 
 SEC. 4. Notice of every election under this act shall be given in each 
 district in which the same is to be held, by the secretary thereof, by post- 
 ing up the same in three public places in such district, and by publication 
 in a newspaper published therein for two weeks preceding such election; 
 such notice shall also state the respective election precincts, and the 
 polling place in each precinct. 
 
 SEC. 5. The board of directors shall appoint one of their own number 
 and another elector of the district to act as judges of election, and a clerk 
 for each polling place, who shall be sworn as provided by section 609 of 
 the Code in case of general elections. The polls shall be open from 9 
 o'clock A. M. to 6 o'clock p. M. If either of the judges, or clerk, fail to 
 attend, his place may be filled by the others by appointing an elector 
 attending in his place, and if all fail to attend in time, or refuse to serve 
 or be sworn, the electors present shall choose two judges and a clerk 
 from the electors attending. A ballot-box and the necessary poll-book 
 shall be provided by the board of. directors for each precinct, and the 
 election shall be conducted in the same manner, and under the same rules 
 and regulations, so far as applicable, as are provided by chapter 3 of title 
 5 of the Code, for general elections. 
 
 SEC. 6. The judges of election and clerk in each precinct shall canvass 
 the vote therein, and shall as soon as possible, make out, sign and return 
 to the secretary of the district a certificate showing the whole number of 
 votes cast in such precinct, and the number of votes in favor of each per- 
 son voted for, and questions submitted. The board of directors shall 
 meet on the next Monday after the election and canvass the returns, and 
 ascertain the result of the election. The whole number of votes cast, and 
 the number in favor of each person voted for, shall be entered in their 
 record, and the persons respectively receiving the highest two numbers 
 
 votes shall be declared elected, and all questions submitted receiving 
 
 majority of the votes cast shall be recorded as carried. The secretary 
 
 lall issue to each person so elected a certificate of his election. 
 
 6 
 
82 SCHOOL LAWS OF IOWA. 
 
 SEC. 7. All acts and parts of acts inconsistent with this act are hereby 
 repealed. 
 
 CHAPTER 72, LAWS OF 1886. 
 
 USE OF PUBLIC SQUARES FOR SCHOOL PURPOSES. 
 
 SECTION 1. It shall be lawful for the people of any incorporated town 
 located wholly within an independent school district in which is situated 
 a public square or plat of ground, deeded or dedicated to the said town 
 or the public, by the proprietor of the town, or of any addition thereof, 
 to transfer or re- dedicate such plat or square, to the purpose of a public 
 school-house lot, to be used either for the erection thereon of a public 
 school-house, or as school grounds, in connection with such school-house. 
 
 SEC. 2. The manner of procedure to effect the change or transfer of 
 the purpose for which such lot or square shall be used, as is authorized in 
 section 1, of this act, shall be as follows: When a plat or lot of the char- 
 acter described in section 1, of this act, is located in such incorporated 
 town, and one-half of the resident voters of such town, according to the 
 last census thereof, national or state, shall petition the mayor and town 
 council of such town, asking said city authorities to submit to the voters 
 of the town at a general or special election the question whether or not 
 such public square, lot or plat shall be transferred, dedicated and used 
 for the purposes of a public school-house lot, for the use of the independ- 
 ent district, in which the same is situated, said mayor and town council 
 shall submit the question to the voters of the town, in accordance with 
 the prayer of said petitioners after giving ten days' notice thereof, by 
 written or printed notices, in which the proposition submitted, shall be 
 clearly set forth, and signed by said mayor, three of which notices shall 
 be posted in public and conspicuous places in the town, and one shall be 
 published in the last two issues, preceding such election in a weekly 
 newspaper published in the town, or if there be no such newspaper pub- 
 lished in the town then in the weekly newspaper- published elsewhere in 
 the county, having the largest circulation in said town. Such notice shall 
 state the manner of voting, which shall be by ballot, and substantially as 
 follows: The ballot shall contain in print, ink or pencil the words "For 
 transferring lot or block or square (as the case may be, describing it) to 
 the purposes of a public school-house lot," or "Against transferring lot 
 or block or square (as the case may be, describing it) to the purposes of 
 a school-house lot." And such election shall be held as per notice given 
 and be conducted as ordinary town elections are, under the supervision 
 of the town authorities, who shall canvass the vote as by law provided in 
 other cases. If it shall appear that two-thirds or more, of all the legal 
 votes cast at such election, for and against the proposition submitted, 
 have been cast in favor of the transfer of such lot or block or square, to 
 
SCHOOL LAWS OF IOWA. S3 
 
 the purposes of a public school-house lot, then such transfer shall be held 
 to have been completed, and the lot or block or square may be appropri- 
 ated and used for the purposes so indicated by said vote, and shall be no 
 longer held for any other purpose. If less than two-thirds of the votes 
 cast at such election are found to be in favor of the transfer then it shall 
 be held that the proposition failed and no transfer shall be effectedr 
 
 SEC. 1807i (Chap. 21, Laws of 1892.) When an independent dis- 
 trict, by fire or otherwise, has been deprived of a school building, and 
 the board of directors of such district, by the use of the powers in them 
 vested, are unable to provide for the continuance of the school for 
 which such building has been used; then such board of directors shall 
 call a meeting of such district. The manner of calling such meeting, 
 .and the powers of such meeting, shall be as follows: The board of 
 directors shall cause to be posted in three public places in such district, 
 .at least ten days prior to the designated time of holding such meeting, 
 written notices of such meeting, in which shall be stated the time and 
 place of such meeting and the object or purpose for which the same is 
 called. The powers of such meeting shall be the same as are prescribed 
 in section 1807 hereof, except those powers which are set forth after the 
 word "district" in the sixth line thereof. 
 
 SEC. 1808. (As amended by Chap. 7> Laws of 1880.) The annual 
 meeting of all independent districts shall be held on the second Monday 
 in March, for the transaction of the business of the district, and for the 
 election by ballot of two directors, as the successors of the two whose 
 term expires, who shall continue in office for three years; and the presi- 
 dent, secretary, and one of the directors then in office, shall act as judges 
 of the election, and shall issue certificates of election to the persons 
 elected for the ensuing term; provided, that in all independent districts, 
 
 SEC. 1808. 1. All vacancies which have occurred in the board, during the 
 year, should also be tilled by election, and the ballot should designate the vacancy 
 to be filled; the persons so elected hold for the remainder of the unexpired term; 
 all persons appointed to till vacancies in office hold until the following election. 
 Constitution of Iowa, article 11, section 6; also section 785, Code. 
 
 2. Members elect enter upon their duties at the time of the regular meeting of 
 the board, on the third Monday in March. For time and manner of choosing 
 officers of the board, see sections 1721, 1790, 1802, 1806, and notes. 
 
 3. There is no provision of law by which judges at school elections may 
 receive pay. 
 
 4. When the population of an independent district which has had six directors, 
 falls below five hundred, one director shall be chosen each year. 77 Iowa, 676 
 and 79 Iowa, 466. Thus the board will consist of five members, four members, 
 and thereafter of three members. 
 
 5. This section clearly provides how a tie vote shall be decided. And if more 
 than two persons have each an equal number of votes, the same provisions will 
 apply. Note 9 to section 1719. 
 
84 SCHOOL LAWS OF IOWA. 
 
 having a population of less than five hundred, there shall be elected, 
 annually, one director, who shall continue in office for three years. In- 
 cases of a tie vote in the election of director, or directors, the secretary 
 shall notify them to appear at the regular meeting of the board on the 
 third Monday in March, to determine their election by lot before one or 
 more members of the board elected, and the certificate of election shall 
 be given accordingly. Should either party fail to appear or take part in 
 the lot, the secretary shall draw for him. 
 
 CHANGES IN FORM OF DISTRICT. 
 
 SECTION 1809. When an independent district has been formed out of 
 a civil township, or townships, as herein contemplated, the remainder of 
 such township, or of each of such townships, as the case may be, shall 
 constitute a district township as provided in section seventeen hundred 
 and thirteen of this . chapter, and the boundaries between such district 
 township and independent district may be changed, or the independent 
 district abandoned, at any time, with the concurrence of the respective- 
 boards of directors. 
 
 CHAPTER 133, LAWS OF 1878. 
 (As amended by Chapter 131, Laws of 1880.) 
 
 SUBDIVISION OF INDEPENDENT DISTRICTS. 
 
 SECTION 1. Any independent school district, organized under an} of 
 the laws of this state, may subdivide, for the purpose of forming two or 
 
 SEC. 1809. 1. The change of boundaries authorized by this section may be 
 made at any time of year. 
 
 2. If the boundary between an independent district and district township is- 
 the line of the civil township, it cannot be changed; but if the independent dis- 
 trict includes a portion of a civil township the remainder of which constitutes a? 
 district township, the boundary between the districts may be changed. 
 
 3. Chapter 62, laws of 1888, provides for change of boundaries between adjoin- 
 ing independent districts in the same civil township. 
 
 4. Where a change of boundaries between districts is desired, and one of the 
 boards acts favorably to the change, a petition may be presented to the other 
 board to concur in that action, although it formerly may have refused to grant 
 a similar petition. From the action of the latter board upon the request, an appeal 
 may be taken. 
 
 5. No appeal can be taken from an action of the board taking the initiatory 
 step, while it requires the concurrence of another board to complete the action. 
 The concurrence or refusal of the second board is the order from which an appeal 
 may be taken. S. L. Decisions, 61, 120, 129 and 139. 
 
 6. When an appeal is taken from the proper board, the county superintendent 
 must affirm the action of one board or the other, but cannot himself modify the- 
 action of the board acting first. S. L. Decisions, 139. 
 
 7. Territory transferred from one district to another carries with it an equitable 
 proportion of the assets and liabilities of the district from which it is taken, th& 
 district accepting it becoming responsible for such liabilities. 
 
SCHOOL LAWS OF IOWA. 85 
 
 more independent school districts, or have territory detached to be 
 annexed with other territory, in the formation of an independent district 
 or districts, and it shall be the duty of the board of directors of said 
 independent district to establish the boundaries of the districts so formed, 
 the districts so formed not to contain less than four government sections 
 of land, each; this limitation shall not apply when, by reason of a river 
 or other obstacle, a considerable number of pupils will be accommo- 
 dated by the formation of a district containing less than four sections, 
 or where there is a city, town or village within said territory, of not 
 less than one hundred inhabitants, and in such cases, the independent 
 district so formed shall not 'Contain less than two government sections of 
 land, such subdivision to be effected in the manner provided for in sec- 
 tions 2, 3 and tt of this chapter; provided that where either of the districts 
 so proposed to be formed contains less than four government sections, 
 it shall require a majority of the votes, of each of the proposed dis- 
 tricts, to authorize such subdivision. 
 
 SEC. 2. At the written request of one-third of the legal voters residing 
 any independent school district, the board of directors of said inde- 
 ndent district shall call a meeting of the qualified electors of the inde- 
 ndent district, at the usual place of holding their meeting, by giving at 
 st ten days' notice thereof, by posting three notices in the independent 
 -district sought to be divided, and by publication in a newspaper, if one 
 be published in the independent district, at which meeting the electors 
 all vote by ballot for or against such subdivision. 
 SEC. 3. Should a majority of the votes be cast in favor of such subdi- 
 ision, the board or boards of directors shall call a meeting in each inde- 
 ndent district so subdivided or formed as aforesaid, for the purpose of 
 
 electing by ballot three directors, who shall hold their offices, one, two, 
 
 
 
 CHAPTER 133, LAWS OF 1878. 
 
 SECTION 1. 1. The provisions of this section as amended apply to all independ- 
 ent districts organized under the laws of this state, and civil township lines are 
 not a bar. 
 
 2. The amount of territory can not be less than an equivalent of four govern- 
 ment sections, unless the provisions of the latter part of this section apply. 
 
 3. An independent district containing territory amounting to less than eight 
 government sections may be divided into two independent districts, if an unbridged 
 stream or other obstacle prevents a considerable number of scholars from attend- 
 ing school, or if one portion contains a village of not less than one hundred 
 inhabitants. The district so formed must contain territory amounting to not less 
 cthan two government sections, and a majority of the votes cast in each contein- 
 .plated district must be cast for the division. 
 
 SEC. 2. When the required number of electors petition for such division the 
 board is compelled to call the election, but the organization can not be completed 
 ^between August and January. 
 
86 SCHOOL LAWS OF IOWA. 
 
 and three years, respectively; the length of their respective terms to be 
 determined by lot; and but" one director shall be chosen annually there- 
 after, who shall hold his office for three years. 
 
 SEC. 4. At the meeting of the electors of each independent school 
 district, as provided in the last section, they shall also determine by bal- 
 lot the name to be given to their district, and each independent district, 
 when so organized, shall be a body corporate, and the name so chosen 
 shall be its corporate name; provided that the board of directors of any 
 district, organized under the provisions of this act, may change its name 
 if any other district in the township shall have chosen the same name. 
 
 SEC. 5. Independent districts, organized under the provisions of this- 
 act, shall be governed by the laws relating to independent districts. 
 
 CHAPTER 118, LAWS OF 1882. 
 INCLUDING ALL OF CITY, WITHIN INDEPENDENT DISTRICT. 
 
 SECTION 1. All the territory of an incorporated city or town, whether 
 included within the original incorporation, or afterwards attached thereto, 
 in accordance with the provisions of law, shall be or become a part of 
 the independent district, or districts, of said city or town. 
 
 SEC. 2. When boundaries are changed by the taking effect of this; 
 act, the respective boards of directors shall make an equitable settlement 
 of the then existing assets and liabilities of their districts, as provided 
 for by section 1715 of the Code. 
 
 CHAPTER 61, LAWS OF 1888. 
 FORMATION OF INDEPENDENT DISTRICTS. 
 
 SECTION 1. The subdistricts of a district township may be constituted 
 independent districts in the manner hereinafter provided. 
 
 SEC. 2. At the written request of one-third of the legal voters in each 
 subdistrict of any district township, the board of directors shall call a 
 meeting of the qualified electors of each subdistrict by giving at least 
 thirty days' notice thereof by posting three written notices in each sub- 
 district in the township, at which meeting the electors shall vote by bal- 
 lot for or against independent district organization. 
 
 SEC. 5. When the division has been completed, a settlement of assets and lia- 
 bilities must be made, in conformity with section 1715. 
 
 CHAPTER 61, LAWS OF 1888. 
 
 SECTION 2. The vote upon the change of form may be taken at any time of 
 year, but the organization cannot be completed between August and January. 
 Section 1804. 
 
SCHOOL LAWS OF IOWA. 57 
 
 SEC. 3. If a majority of the votes cast in each subdistrict shall be 
 favorable to such independent organization then each subdistrict shall 
 become an independent district. 
 
 SEC. 4. The board of directors of the old district township so voting 
 shall then call a meeting in each independent district for the electipn_of 
 three or more directors, as may be required by law, and the organiza- 
 tion of the said independent district shall be completed and governed in 
 the same manner as other and similar independent districts. 
 
 CHAPTER 62, LAWS OF 1888. 
 
 BOUNDARIES OF INDEPENDENT DISTRICTS. 
 
 SECTION 1. The boundary lines of contiguous independent districts 
 within the same civil township, may be changed by concurrent action of 
 the respective boards of directors at their regular meeting in September, 
 or at special meetings thereafter called for that purpose; provided that 
 the district so formed, from which territory has been detached, shall not 
 contain less than four government sections of land; and provided further 
 that the boundary lines of said district shall conform to the lines of con- 
 gressional divisions of land. 
 
 SEC. 1810. In case an independent district embraces a part or the 
 whole of a civil township which has no separate district township organ- 
 ization, upon the written application of two- thirds of the electors resid- 
 ig upon the territory of such independent district, and within such civil 
 township, to the board of directors, they shall set off such territory, 
 whether provided with school-houses or not, to be organized as a district 
 >wnship in the manner provided for such organization when a new civil 
 >wnship is formed. 
 
 SEC. 1811. (As amended by Chap. 63, Laws of 1888.) Independent 
 listricts located contiguous to each other, may unite and form one and 
 ie same independent district, in the manner following: At the written 
 jquest of any ten legal voters residing in each of said independent dis- 
 ricts, or, should there not be ten legal voters in one of such districts, 
 ten at the written request of the majority of such voters, their respect- 
 boards of directors shall require their secretary to give at least ten 
 lays' notice of the time and place for a meeting of the electors re?iding 
 
 SEC. 3. 1. Unless each and every subdistrict in the district township gives a 
 lajority vote favoring the change in form, the township remains a district town- 
 lip. 
 
 2. A single subdistrict may be organized as an independent district only when 
 
 village, town, or city is included. Section 1800. 
 
 SEC. 4. When the new boards are organized, they should meet as soon as possi- 
 le, and make settlement of assets and liabilities, as directed by section 1715. S. 
 Decisions, 110. 
 
88 SCHOOL LAWS OF IOWA. 
 
 in such districts, by posting written notices in at least five public places 
 in each of said districts, at which meetings the said electors shall vote 
 by ballot for or against a consolidated organization of said independent 
 Districts; and if a majority of the votes cast at the election in each dis- 
 trict, shall be in favor of uniting said districts, then the secretaries shall 
 give similar notice of a meeting of the electors as provided for, by the 
 law, for the organization of independent districts. The independent dis- 
 trict thus consolidated shall be completed, and its directors governed by 
 the same provisions of the law which apply to other independent dis- 
 tricts. Where from the courses of Iowa rivers, and the contour of the 
 adjoining territory, the proper school facilities cannot be given to the 
 school children of each territory by forming school districts from the terri- 
 tory in any one county, independent school districts may be formed from 
 the contiguous territory in adjoining counties. Any independent school 
 district heretofore formed under this section, where there were less than 
 ten legal voters residing therein at the time -of the consolidation, is 
 hereby legalized and made valid provided that two- thirds of the legal 
 voters then residing in such independent district petition for such con- 
 solidation. 
 
 SEC. 1812. Where, under the school laws of the state heretofore in 
 force, for the convenience and accommodation of the people, school dis- 
 tricts were formed of portions of two counties of territory lying contigu- 
 ous to each other, at the written request of five legal voters residing in 
 portions of said territory in each county, the board of directors of the 
 district township to which such territory belongs, having a majority of 
 the legal voters, shall fix the boundaries of an independent school dis- 
 trict composed of such sections of land, or portions thereof, as may be 
 described in the petition therefor, and shall give at least ten days' notice 
 of the submission of the question of the formation of said independent 
 district, at a special election for said purpose, specifying the boundaries 
 of the district, the time and place of meeting of the electors for such 
 election, at which meeting the electors in the contemplated district shall 
 vote by ballot for or against the separate organization. Should a majority 
 of the votes be cast in favor of such separate organization, the said board 
 of directors shall proceed by ballot to elect officers in the manner pro- 
 vided by law, and organize such independent district. 
 
 SEC. 1813. The boards of directors of the several independent school 
 districts are hereby required to publish, two weeks before the annual 
 
 SEC. 1813. 1. This statement should show the total receipts and expenditures 
 for each fund, followed by an estimate of the amount required for each fund, to 
 maintain the schools for the ensuing year. 
 
 2. The detailed and specific statement of the receipts and disbursements of all 
 funds expended, should be sufficiently itemi/ed to show the amount received from 
 each separate source, also the amount expended for each particular purpose. 
 
SCHOOL LAWS OF IOWA. 89 
 
 school election in such district, by publication in one or more newspapers, 
 if any are published in such district, or by posting up in writing, in not 
 less than three conspicuous places in such independent district, a detailed 
 and specific statement of the receipts and disbursements of all funds 
 expended for school and building purposes, for the year proceeding such 
 -annual election. And the said boards of directors shall also, at the same 
 time, publish in detail, an estimate of the several amounts which, in the 
 judgment of such board, are necessary to maintain the schools in such 
 district, for the next succeeding school year; and failure to comply with 
 the provisions of this section, shall make each director liable to a penalty 
 of ten dollars. 
 
 SEC. 1814. . Township districts may be consolidated and organized as 
 independent districts, in the following manner: Whenever the board of 
 -directors of any existing district township shall deem the same advisable, 
 and also whenever requested to do so by a petition signed by one-third 
 of the voters of the district township, the board shall submit to the 
 voters of said district township, at a regular election, or one called for 
 the purpose, the question of consolidation, at which election the voters 
 of the district township shall vote for, or against consolidation. If a 
 majority of votes shall be in favor of such consolidated organization, 
 
 3. This statement is for the information of the electors, but they should not 
 vote upon the amount of tax to be levied for contingent and teachers' fund,' as 
 these matters are determined by the board. Section 1777. 
 
 4. The board must have the statement published at least once in a newspaper, 
 if one is printed in the district. 
 
 5. The fee of the publisher for printing the statement is fixed by section 3832, 
 e. "1 " ~D 
 
 6. In preparing the annual statement for publication, minute details of all the 
 terns need not be given. This would render it uselessly troublesome to pre- 
 pare, and expensive to publish. Such general results and classified items as will 
 enable the electors fully to comprehend the proceedings of the board, are all that 
 the law requires. The statistics of the schools may be added if the board thinks 
 proper, but the law does not require it. 
 
 SEC. 1814. 1. Any district township may organize into a single independent 
 istrict, embracing the whole township. The vote may be ordered at any regular 
 r special meeting of the board, and submitted to the electors at any time of the 
 ear, but if carried in the affirmative, does not take effect until the second Monday 
 n March following, when the directors are elected. 
 
 2. By adopting the independent district system, there will be but six directors 
 n any case, and but three where the township contains less than five hundred 
 nhabitants. At the first election the whole number is elected, and divided by lot 
 
 into three classes, after which one or two directors only will be elected annually. 
 
 3. When independent districts have been formed from the subdistricts of a 
 township, they may also, under the provisions of this section, unite into one inde- 
 pendent district. In this case the petition of one-third of the electors in the town- 
 ship should be presented to the township trustees, whose duty it is to call the 
 
 eeting to vote on the question of consolidation. 
 
90 SCHOOL LAWS OF IOWA. 
 
 such district township shall organize on the second Monday of March 
 following, as an independent district; provided that in town ships' which; 
 have been divided into independent districts, the duties in this section 
 devolving on the board of directors, shall be performed by the trustees 
 of the township, to whom the petition shall in such cases be addressed;. 
 and provided further that nothing in this section shall be construed to 
 affect independent districts composed wholly or mainly of cities or incor- 
 porated towns. Independent districts may, in like manner, change 
 their boundaries so as to form any number of districts less than the num- 
 ber of districts existing at the time such change is asked for, and such 
 changes shall be specified in the notices for a vote thereon. 
 
 SEC. 1815. (As amended by Chap. 155, Laws of 1876.) The inde- 
 pendent districts of a civil township may be constituted a district town- 
 ship in the manner hereinafter provided. 
 
 SEC. 1816. (As amended by Chap. 155, Laws of 1876.) At the written, 
 request of one-third of the legal voters residing in any civil township,, 
 which is divided into independent districts, the township trustees shall 
 call a meeting of the qualified electors of such civil township, at the usual 
 place of holding the township election, by giving at least ten days' notice 
 thereof, by posting three written notices in each independent district in 
 the township, and by publication in a newspaper, if one be published in 
 such township, at which meeting the said electors shall vote by ballot for 
 or against a district township organization. 
 
 4. The plan of making each civil township an independent district, governed 
 by a board chosen from the township at large, is, in many respects, the best sys- 
 tem yet devised. It reduces the number of school officers, provides for gradual 
 changes in the board, secures uniform taxation for the support of schools through- 
 out the township, encourages the establishment of graded schools for advanced 
 scholars, and tends to the selection of teachers according to the qualifications and 
 work required in each single case. 
 
 SEC. 1815. 1. The electors of any civil township which has adopted the inde- 
 pendent district organization, may vote upon the question of returning to the 
 district township organization, under sections 1815-1820, as amended. 
 
 2. A single independent district, embracing the whole of the civil township, 
 may be formed by section 1814, a system possessing many advantages over any 
 other, in simplicity of organization, permanency of officers, uniformity of taxation,, 
 and economy of management. Note 4 to section 1814. 
 
 SEC. 1816. 1. The petition provided for in this section may be presented to- 
 the trustees and the vote ordered at any time of the year. 
 
 3. The meeting held to determine the question of district township organiza- 
 tion, is a township meeting; if the vote is in the affirmative, each and every inde- 
 pendent district in the township, except those organized as city or town districts, 
 becomes a subdistrict of the district township. 
 
 3. The township trustees may act as judges of this election, in their absence 
 the electors assembled may choose a chairman and one or two secretaries to act as- 
 judgs. The polls should be kept open from 9 a. m. to 4 p. m. Note 7 to section 
 1801. 
 
SCHOOL LAWS OF IOWA. 91 
 
 SEC. 1817. (As amended by Chap. 155, Laws of 1876.) If a majority 
 of the votes cast at such election be in favor of such district township 
 organization, each independent district shall become a subdistrict of the 
 district township, and shall organize as such subdistrict on the first Mon- 
 day in March following, by the election of a subdirector. 
 
 SEC. 1818. (As amended by Chap. 155, Laws of 1876.) Each" sub- 
 district so formed shall hold a meeting on the first Monday in March, for 
 the election of a subdirector; five days' notice of which meeting shall be 
 given by the secretary of the old independent district, by posting written 
 notices in three public places in each district, which notices shall state 
 the hour and place of meeting. 
 
 SEC. 1819. (As amended by Chap. 155, Laws of 1876.) District 
 townships organized under the provisions of the preceding four sections, 
 shall be governed and treated in all respects as other district townships; 
 provided that nothing in this act shall be construed to affect independent 
 districts composed, wholly or mainly, of cities or incorporated towns. 
 
 SEC. 1820. (As amended by Chap. 155, Laws of 1876.) When any 
 district township is organized under the provisions of the preceding five 
 sections, the subdirectors shall organize as a board of directors, on the 
 
 SEC. 1817. 1. The board of each independent district will continue to act until 
 the third Monday in March following the election, at which time a full statement 
 of all assets and liabilities of the district should be reported to the board of the 
 district township when organized. 
 
 2. The first board of a district township formed from a township organized as 
 a single independent district, will consist of three subdirectors, elected by the 
 whole township. Section 1720. If this board chooses to subdivide the district, it 
 may do so. Section 1796. Or it may allow the district township to remain a single 
 subdistrict, a plan having very many excellent advantages. 
 
 SEC. 1818. For powers and duties of this meeting, see sections 1718 and 1719- 
 tnd notes. 
 
 SEC. 1819. The district township meeting should be held on the second Monday 
 
 March, for the purpose of voting the necessary school-house taxes, as provided 
 
 section 1717. 
 
 SEC. 1820. 1. Between the time of the election provided for in section 1816, 
 
 id the third Monday in March following, the. boards of the several independent 
 listricts have authority to perform all necessary acts relating to the affairs of their 
 
 stricts, but they cannot incur any indebtedness, nor make any contracts, except 
 such as may be necessary to maintain the usual schools of their districts. 
 
 2. Upon the organization of the district township, the secretary should file 
 rich the county auditor and treasurer a certified plat of the district, and report to 
 
 county superintendent, auditor, and treasurer, the name and address of each 
 )fficer of the new board. 
 
 3. The district township receives all the assets and assumes all the liabilities of 
 several independent districts. In case an independent district has issued 
 
 mds, or otherwise incurred an indebtedness, for the erection of a school-house, 
 le board of the district township has authority to apportion school-house taxes- 
 >r the payment of such indebtedness, from time to time, as justice and equity 
 lay require. Note 5 to section 1715. 
 
92 SCHOOL LAWS OF IOWA. 
 
 ihird Monday in March, and make an equitable settlement of the then 
 ^existing assets and liabilities of the several independent districts. 
 
 BONDS. 
 
 t, 
 
 SECTION 1821. (As amended by Chap. 121, Laws of 1876.) Inde- 
 pendent school districts shall have the power and authority to borrow 
 vxnoney, for the purpose of redeeming outstanding bonds, and erecting 
 .and completing school- houses, by issuing negotiable bonds of the inde- 
 pendent district, to run any period not exceeding ten years, drawing a 
 Tate of interest not to exceed ten per centum per annum, which interest 
 may be paid semi-annually; which said indebtedness shall be binding 
 -&nd obligatory on the independent district for the use of which said loan 
 .shall be made; but no district shall permit a greater outstanding indebt- 
 edness than an amount equal to five per centum of the last assessed value 
 of the property of the district. 
 
 SEC. 1822. (As amended by Chap. 59, Laws of 1880.) The directors 
 of any independent district, may submit to the voters of their district, at 
 the annual or a special meeting, the question of issuing bonds as con- 
 templated by the preceding section, giving the same notice of such meet- 
 ing as is now required by law to be given for the election of officers of 
 .such districts, and the amount proposed to be raised by the sale of such 
 bonds, which question shall be voted upon by the electors, and if a 
 majority of all the votes cast on that question be in favor of such loan, 
 then said board shall 'issue bonds to the amount voted, in denominations 
 of not less than twenty-five dollars, nor exceeding one thousand dollars, 
 
 SEC. 1821. 1. Bonds voted under the provisions of this section may be issued 
 .and sold as the necessities of the independent district require, but cannot be made 
 available for the purchase of a school-house site. 
 
 2. If actually necessary, the board may issue an order on the school-house fund 
 for the purchase of a site, which order may be indorsed by the treasurer if there 
 are no funds, and draw interest. 
 
 3. No independent district may incur a bonded indebtedness to an amount, in 
 <the aggregate, exceeding five per cent on the value of its taxable property. Con- 
 stitution, article 11, section 3. 
 
 4. The levy of taxes is not considered an outstanding indebtedness, in the 
 -sense of this section. The limit for levy of taxes is fixed by section 1780. 
 
 5. As indicating the valuation of the district, the tax lists may not be taken 
 into account until after the levy of the taxes in September. 70 Iowa, 230. 
 
 SEC. 1822. 1. In order that the bonds may be negotiated to the best ad- 
 vantage possible, great pains should be taken to follow the law carefully in 
 -every respect. 
 
 2. The cost of the blank bonds and the expense of negotiating the bonds, should 
 foe paid from the contingent fund. 
 
 3. Although the bonds are payable at the pleasure of the district before due, 
 we think those holding the bonds, or their agents, should have some previous 
 notice, say thirty days, of the intention to call in the bonds. 
 
SCHOOL LAWS OF IOWA. 95 
 
 due not more than ten years after date, and payable at the pleasure of 
 the district at any time before due, which said bonds shall be given in 
 the name of the independent district issuing them, and shall be signed by 
 the president of the board, and attested by the secretar}^ and delivered 
 to the treasurer, taking his receipt therefor, who shall negotiate said 
 bonds at not less than their par value, and countersign the same~wlien 
 negotiated. The treasurer shall stand charged upon his official bond 
 with all bonds that may be delivered to him; but any bond or bonds not 
 negotiated may be returned by him to the board. 
 
 CHAPTER 132, LAWS OF 1878. 
 
 ISSUANCE OF BONDS TO FUND JUDGMENT INDEBTEDNESS. 
 
 SECTION 1. Any school district against which judgments have beem 
 rendered prior to the passage of this act, and which judgments remain,. 
 unsatisfied, may, for the purpose of paying off such judgments and fund- 
 ing such judgment indebtedness, issue upon the resolution of the board 
 of directors of the district, the negotiable bonds of such district, running 
 not more than ten years, and bearing a rate of interest not exceeding* 
 ten per centum per annum, payable semi-annually, which bonds shall be- 
 signed by the president of the district, and countersigned by the secre- 
 tary, and shall not be disposed of for less than their par value, nor for 
 any other purpose than that provided for by this act, and such bonds- 
 shall be binding and obligatory upon the district. 
 
 SEC. 2. It shall be the duty of the board of directors of any district 
 which shall issue bonds under this act, to provide for the payment of the 
 same by the levy of tax therefor, in addition to the other taxes provided 
 by law, and they are hereby required to levy such an amount each year 
 as shall be sufficient to meet the interest on such bonds promptly as it 
 
 jcrues. 
 
 SEC. 3. The bonds issued under this act shall be in the name of the 
 listrict and in substantially the same form as is by law provided for 
 county bonds; shall be payable at the pleasure of the district; shall be 
 registered in the office of the county auditor; shall be numbered consecu- 
 tively and redeemed in the order of their issuance. 
 
 CHAPTER 51, LAWS OF 1880. 
 ENABLING DISTRICTS TO ISSUE BONDS TO FUND JUDGMENT INDEBTEDNESS. 
 
 SECTION 1. Any school district or district township against which 
 judgments have been rendered, prior to the passage of this act, and 
 which such judgments remain unsatisfied, may, for the purpose of pay- 
 ing off such judgment indebtedness, issue negotiable bonds, of such dis- 
 trict township, upon a resolution of the board of directors of the district 
 
$4: SCHOOL LAWS OF IOWA. 
 
 township, running not more than ten years, and bearing a rate of inter- 
 est not exceeding eight per cent per annum, payable semi- annually, 
 which bonds shall be signed by the president of the district and counter- 
 signed by the secretary, and shall not be disposed of for less than their 
 par value, nor for any other purpose than that provided by this act, and 
 such bonds shall be binding and obligatory upon the district township. 
 
 SEC. 2. It shall be the duty of the board of directors of any district 
 township which issues bonds under this act, to provide for the payment 
 of the same by the levy of tax therefor, in addition to the other taxes 
 provided by law; and they are hereby required to levy such an amount 
 each year as shall be sufficient to meet the interest on such bonds 
 promptly as it accrues. 
 
 SEC. 3. The bonds issued under this act shall be in the name of the 
 district township and in substantially the same form as is by law pro. 
 vided for county bonds; shall be payable at the pleasure of the district 
 township; shall be registered in the office of the county auditor; shall be 
 numbered consecutively and redeemed in the order of their issuance. 
 
 CHAPTER 132, LAWS OF 1880. 
 (As amended by Chap. 95, Laws of 1886.) 
 
 AUTHORIZING DISTRICTS TO FUND BONDED OR JUDGMENT INDEBTEDNESS. 
 
 SECTION 1. Any independent school district, or district township, 
 now or hereafter having a bonded or judgment indebtedness outstanding, 
 is hereby authorized to issue negotiable bonds at any rate of interest not 
 ^exceeding seven per cent per annum, payable semi-annually, for the 
 purpose of funding said indebtedness; said bonds to be issued upon a 
 resolution of the board of directors of said district; provided that said 
 resolution shall not be valid unless adopted by a two-thirds vote of said 
 directors. 
 
 SEC. 2. The treasurer of such district is hereby authorized to sell the 
 bonds provided for in this act, at not less than their par value, and apply 
 the proceeds thereof to the payment of the outstanding bonded or judg- 
 ment indebtedness of the district, or he may exchange such bonds for 
 outstanding bonds, par for par; but the bonds hereby authorized shall 
 be issued for no other purpose than the funding of outstanding bonded 
 or judgment indebtedness. The actual cost of the engraving and print- 
 ing of such bonds, shall be paid out of the contingent fund of such district. 
 
 SEC. 3. Said bonds shall run not more than ten years, and be pay- 
 able at the pleasure of the district after five years from the date of their 
 issue; provided that in order to stop interest on them the treasurer shall 
 give the owner of said bonds ninety days' written notice of the readiness 
 of the district to pay, and the amount it desires to pay; said notice to be 
 
I 
 SCHOOL LAWS OF IOWA. 95 
 
 directed to the post office address of the owner of the bonds; provided 
 further that the treasurer shall keep a record of the parties to whom he 
 sell the bonds, and their post office address, and notice sent to the 
 address as shown by said record, shall be sufficient. 
 
 SEC. 4. Said bonds to be in denominations of not less than one 
 hundred dollars and not more than one thousand dollars; and said Bonds 
 shall be given in the name of the independent district, or district town- 
 ship, and signed by the president, and countersigned by the secretary 
 thereof; and the principal and interest may be made payable wherever 
 the board of directors may by resolution determine. 
 
 SEC. 5. When said bonds are delivered to the treasurer to be ne- 
 gotiated, the president shall take his receipt therefor, and the treasurer 
 shall stand charged on his official bond with the amount of the bonds so 
 delivered to him. 
 
 SEC. 6. The tax, for the payment of the principal and interest of 
 said bonds, shall be raised as provided in section 1823, chapter 9, title 12 
 of the Code, provided that if the district shall fail or neglect to so levy 
 said tax the board of supervisors of the county in which said district is 
 located, shall, upon the application of the owner of said bonds, levy 
 said tax. 
 
 SEC. 7. All acts and parts of acts in conflict with this act are hereby 
 repealed. 
 
 SEC. 1823. If the electors of an independent school district which has 
 issued bonds, shall at the annual meeting in March for any year, fail to 
 vote sufficient school-house tax to raise a sum equal to the interest on the 
 outstanding bonds which will accrue during the then coming year, and 
 such portion of the principal as will liquidate and pay off said bonds at 
 maturity, then it shall be lawful for the board of such district, to vote a 
 sufficient rate on the taxable property of the district, to pay such interest 
 and such proportionate portion of the principal as will pay said bonds 
 in full, by the time of their maturity, and shall cause the same to be cer- 
 tified and collected, the same as other school taxes. 
 
 SEC. 1824. All school orders shall draw lawful interest, after having 
 been presented to the treasurer of the district, and not paid for want of 
 funds, which fact shall be indorsed upon the order by the treasurer. 
 
 SEC. 1823. To pay bonds, a board. may certify in excess of ten mills, if neces- 
 sary. 69 Iowa, 612. 
 
 SEC. 1824. The board may not authorize the paj'nient of interest to exceed six 
 per cent. 51 Iowa, 102. Interest can be paid on an order only from the date of 
 its presentation to the treasurer, and indorsement. 
 
96 SCHOOL LAWS OF IOWA. 
 
 SCHOOL-HOUSE SITES. 
 
 SECTION 1825. It shall be lawful for any district township or inde 
 pendent district to take and hold, under the provisions contained in this 
 chapter, so much real estate as may be necessary for the location and 
 construction of a school-house, and convenient use of the school; pro- 
 vided that the real estate so taken, otherwise than by the consent of the 
 owner or owners, shall not exceed one acre. 
 
 SEC. 1826. The site so taken must be on some public highway, at 
 least forty rods from any residence, the owner whereof objects to its- 
 being placed nearer, and not in any orchard, garden or public park. 
 But this section shall not apply to any incorporated town. 
 
 SEC. 1827. (As amended by Chapter 134, Laws of 1886.) If the 
 owner of any such real estate refuse or neglect to grant the site on his. 
 
 SEC. 1825. 1. The board should try if possible to procure a site by purchase. 
 
 2. A site of less than one acre may be enlarged to an acre. 
 
 3. The acre contemplated in this section means exclusive of highway. 
 
 4. Property encumbered, occupied as a homestead, or belonging to minor heirs, 
 may be taken under the provisions of this section. 
 
 5. If the district cannot establish its claim to the school-house site, owing to the 
 loss of the deed, or for other reason, and the owner refuses to sell or lease the 
 site, the district may avail itself of the provisions of this and the following sections 
 and secure a site not to exceed one acre. 
 
 6. When purchased, the provisions of this section do not apply. The district: 
 stands in the same relation to the public and to individuals, in this respect, as do 
 other corporations, and may purchase and convey real estate accordingly. S. L. 
 Decisions, 96. 
 
 SEC. 1826. 1. All sites taken under these sections, must be located on a public. 
 road, and at least forty rods from any residence, the owner whereof objects to its 
 being placed nearer, except in incorporated towns. 
 
 2. When a site is sought to be condemned, the distance of forty rods mentioned 
 in this section, is measured from the nearest part of the residence to the nearest 
 part of the site, in a straight line. 
 
 3. Boards may rebuild on sites without consent of owners of residences within 
 forty rods. 
 
 4. Under the Iowa statute of limitations, ten years' use of a highway by the 
 public, under a claim of right, will bar the owner of the soil. 19 Iowa, 123. 
 
 5. If the public, with the knowledge of the owner of land, has claimed and 
 continuously exercised the right of using the same for a public highway, for a 
 period equal to that fixed by the statute for the limitation of real actions, a com- 
 plete right to the highway thereby becomes established against the owner, unless 
 it appears that such use was by favor, leave or mistake. 22 Iowa, 457. 
 
 SEC. 1827. 1. If personal service cannot be made, as provided by sections 
 2601-2610, Code, the notice must be published, four consecutive~weelfs. previous 
 to the appraisement, in a newspaper. Sections 2618-2620, Code, Forms 44, 45, 
 46, 47 and 48. 
 
 2. The appraisers are entitled to two dollars for each day's service, and ten 
 cents per mile from their residence to the location of the property appraised. 
 Sections 3811-3813, Code. 
 
SCHOOL LAWS OF IOWA. 97 
 
 premises, or if such owner can not be found, the county superintendent 
 of the county in which said real estate may be situated, shall upon appli- 
 cation of either party, appoint three disinterested persons of said county, 
 unless a smaller number is agreed upon by the parties, who shall, after 
 taking an oath to faithfully and impartially discharge the duties imposed 
 on them by this chapter, inspect said real estate, and assess the damages 
 which said owner will sustain, by appropriation of his land for use of 
 said house and school, said county superintendent giving to the owner 
 of such real estate the same notice as is required for the commencement 
 of a suit at law, in the district court, of the time of such assessment of 
 damage, and make a report in writing to the county superintendent of 
 said county, giving the amount of damages, description of land, and 
 exact location, who shall file and preserve the same in his office. If said 
 board shall, at any time before they enter upon said land, for the pur- 
 pose of building said house, deposit with the county treasurer, for the 
 use of said owner, the sum assessed as aforesaid, they shall be thereby 
 authorized to build such house, and maintain the right to said premises; 
 provided that either party may have the right to appeal from said assess- 
 ment of damages, to the district court of the county where such real 
 estate is situated, within twenty days after receiving notice that such 
 assessment is made, which appeal shall be final; but such appeal shall 
 not delay the prosecution of work upon said house, if said board shall 
 pay or deposit with the county treasurer, the amount so assessed by such 
 appraisers, and in no case shall said board be liable for costs on appeal, 
 unless the owner of said real estate shall be adjudged a greater amount 
 of damages than was awarded by said appraisers. The board shall in 
 all cases pay costs of the first assessment. 
 
 SEC. 1828. The title acquired by said school districts in and to said 
 real property shall be for school purposes only, and in case the same 
 
 3. When the owner of land taken under section 1827 is unknown, or cannot be 
 found, it is not necessary to print the report of appraisement, or to attempt other 
 notice to said owner than the printed notice required by this section. It is suffi- 
 cient for the county superintendent to send a certified copy to the board. 
 
 4. If the board has deposited with the county treasurer the amount assessed 
 by the appraisers in accordance with this section, we think the courts would hold 
 that the district had come into possession of the site. 
 
 5. The money deposited with the county treasurer should be held for the benefit 
 of the owner of the fee, and not for the mortgagee. 
 
 6. Since the receipt of the treasurer for the money deposited with him for the 
 owner of the land, may be the only evidence of title, such a receipt should have a 
 full description of the property, containing the proviso of note (6) of form 19, and 
 should be recorded by the county recorder. 
 
 SEC. 1828. 1. No deed or other instrument from the owner is required to 
 authorize the district to occupy the land for school purposes. The proceedings 
 should be recorded in full by the district secretary. 
 
98 SCHOOL LAWS OF IOWA. 
 
 should cease to be used for said purpose, for the space of two years, 
 then the title shall revert to the owner of the fee, upon the repayment 
 by him of the principal amount paid for said land, by said districts, 
 without interest, together with the value of any improvements thereon 
 erected by said districts; provided that during the time said site is used 
 for school purposes, the owners of the fee shall not injure or remove the 
 timber standing and growing thereon. 
 
 APPEALS. 
 
 SECTION 1829. Any person aggrieved by any decision or order of the 
 district board of directors, in matter of law or of fact, may, within thirty 
 days after the rendition of such decision, or the making of such order, 
 appeal therefrom to the county superintendent of the proper county. 
 
 SEC. 1830. The basis of the proceeding shall be an affidavit, filed by 
 the party aggrieved with the county superintendent, within the time for 
 taking the appeal. 
 
 2. In case the land desired for a school site is under mortgage, the district may 
 receive from the owner the lease of a portion not to exceed one acre, to be held 
 by the district as long as used for school purposes, and when no longer so used, to 
 revert to the owner, as provided by this section. 
 
 SEC. 1829. 1. The right of appeal is limited to persons aggrieved or injuriously 
 affected by the decision or order complained of. S. L. Decisions, 22, 58 and 80. 
 
 2. After the expiration of thirty days, the county superintendent cannot enter- 
 tain an appeal. 
 
 3. In computing time the first day shall be excluded and the last included, 
 unless the last falls on Sunday, in which case the time prescribed shall be extended 
 so as to include the whole of the following Monday. Section 23, Code. 
 
 4. .When the act complained of is of a discretionary character, the action of 
 the board should be sustained, unless it is clearly shown that the board violated 
 law, abused its discretion, or acted with manifest injustice. S. L. Decisions, 22, 
 70, 108 and 138. 
 
 5. In certain cases an aggrieved party has a choice of legal remedies. 56 Iowa, 
 476. 
 
 6. To compel the performance of an official duty, appeal sometimes consumes 
 valuable time. Mandamus is often a more speedy as well as a better remedy. 
 S. L. Decisions, 100. 
 
 7. When a board violates a mandatory requirement, application by an inter- 
 ested party to a court for a writ to compel the board to act as directed by the 
 statute is the more speedy and preferable remedy. 44 Iowa, 432; 50 Iowa, 648, 
 and 71 Iowa, 632. S. L. Decisions, 100, 128 and 137. 
 
 8. To correct an illegal action of the board, certiorari, and not appeal, is the 
 remedy. 55 Iowa, 215. S. L. Decisions, 55. 
 
 9. No appeal can be taken from the action of the board taking the initiatory 
 step, while it requires the concurrence of another board to complete the action. 
 The concurrence or refusal of the second board is the order from which an appeal 
 may be taken. Note 5 to section 1809. 
 
 SEC. 1830. 1. An affidavit is a written declaration, sworn to before some officer 
 authorized to administer oaths. Section 3689, Code. 
 
SCHOOL LAWS OF IOWA. 99 
 
 SEC. 1831. The affidavit shall set forth the errors complained of in a 
 plain and concise manner. 
 
 SEC. 1832. The county superintendent shall, within five days after 
 the filing of such affidavit in his office, notify the secretary of the proper 
 district, in writing, of the taking of such appeal. And the latter shall, 
 within ten days after being thus notified, file in the office of the county 
 superintendent, a complete transcript of the record and proceedings re- 
 lating to the decision complained of, which transcript shall be certified 
 to be correct by the secretary. 
 
 SEC. 1833. After the filing of the transcript aforesaid in his office, he 
 shall notify in writing all persons adversely interested of the time and 
 place where the matter of the appeal will be heard by him. 
 
 2. A county superintendent can have no jurisdiction of an appeal case until the 
 affidavit has been filed. S. L. Decisions, 27. 
 
 3. A notice of intention to file an affidavit, a verbal complaint, or a petition, is 
 not sufficient to give the county superintendent jurisdiction in appeal cases. 
 Form 49. S. L. Decisions, 37. 
 
 SEC. 1831. 1. The affidavit should contain a statement of the decision com- 
 plained of and its date, a statement of facts showing that the appellant has an 
 interest in the decision and is injuriously affected by it, and the assignment of 
 errors. Form 49. 
 
 2. This affidavit being the first paper filed, care should be taken that the case 
 is properly entitled, and this title should be preserved throughout the further 
 progress of the appeal. The date of filing should be indorsed upon the affidavit 
 
 the superintendent. 
 
 3. The filing of an affidavit of appeal has the effect of arresting all action by 
 le board in relation to the matter appealed from. 
 
 4. During the pendency of an appeal all matters must remain in statu quo, and 
 lis can be enforced by writ of injunction. 
 
 5. No opinion relating to matters involved in an appeal will be given to inter- 
 sted parties by this department. 
 
 SEC. 1832. 1. The notice should describe the decision or order appealed from, 
 30 that it may be identified, and should require the district secretary to tile the 
 transcript with the superintendent within the time specified. The notice may be 
 served personally or sent by mail. Form 50. 
 
 2. The secretary shall make and forward a transcript or copy of the record of 
 11 actions of the board relating to the decision or order appealed from, also of all 
 
 stitions, remonstrances, plats, and other papers pertaining thereto. The original 
 ipers must be preserved with the district records. Form 51. 
 
 3. A failure to file the transcript will not affect the proceedings in any other 
 ray than to cause delay. The secretary will take the risk of censure by a court 
 >r failure to attend to his official duty. S. L. Decisions, 99. 
 
 SEC. 1833. 1. The time to elapse between the filing of the transcript and, the 
 taring of the appeal is not fixed by the statute. This is left to the county super- 
 itendent to determine. 
 
 2. Notice of the time and place of hearing should be given to the appellant, to 
 secretary of the board, and to any other persons known to be directly inter- 
 sted. The notices may be served personally or sent by mail. Form 52. 
 
300 SCHOOL LAWS OF IOWA. 
 
 SEC. 1834. It the time thus fixed for hearing, he shall hear testimony 
 for either party, and for that purpose may administer oaths if necessary, 
 and he shall make such decision as may be just and equitable, which 
 shall be final, unless appealed from as hereinafter provided. 
 
 SEC. 1835. An appeal may be taken from the decision of the county 
 superintendent to the superintendent of public instruction, in the same 
 manner as provided in this chapter for taking appeals from the district 
 
 SEC. 1834. 1. While the superintendent is not a court in the strict sense of the 
 term, he is required to administer oaths, to hear testimony on both sides, to receive 
 depositions, and to render a just and equitable decision. 
 
 a. While mere technicalities should not be permitted to prevent the attainment 
 of justice, it is not inappropriate that as to evidence and practice the superintend- 
 ent should be governed by many of the rules which ordinarily obtain in courts. 
 
 3. The county superintendent may not guarantee witness fees, issue subprenas, 
 nor give any judgment for costs or other expenses. 
 
 4. While the county superintendent may not compel the attendance of wit- 
 nesses at the trial of an appeal, he may order depositions to be taken, in accord- 
 ance with sections 3692-3696, Code, and thus secure the required testimony. 
 
 5. In case of disturbance or interruption during the trial of an appeal before a 
 county superintendent, as he is not invested with judicial power, he has only the 
 ordinary remedy of complaint to the proper authorities, as provided for in section 
 4069, Code. 
 
 6. The docket or minutes of the superintendent should commence by noting 
 the filing of the affidavit. He will afterward, as the acts transpire, record the 
 sending of the notice of appeal to the district secretary, the filing of the transcript, 
 the sending of notices of the hearing, and any adjournment of the case that may 
 be granted. At the trial he will carefully note down the names of all parties 
 appearing, and their post office address, and whether they appear for or against 
 the appeal, also, the filing of all papers and names of witnesses, and in whose 
 behalf such papers or witnesses are introduced. The decision of the superintend- 
 ent will form an appropriate close of his minutes. Forms 50, 51, 52 and 53. 
 S. L. Decisions, 22. 
 
 7. All testimony must be given under oath, and the substance reduced to writing 
 at the time by the county superintendent. It is recommended that a summary 
 of what each witness testifies be made, read to the witness, and signed by him. It 
 is of the first importance that the record of the testimony be full and accurate, as 
 the decision of the county superintendent, also of the superintendent of public 
 instruction, in case the appeal is carried up, must be based upon the record of 
 evidence introduced. This testimony should be preserved with the other papers 
 of the case. 
 
 SEC. 1835. 1. Appeals to the superintendent of public instruction are con- 
 ducted in the same manner and governed by the same rules, so far as applicable, 
 as appeals to county superintendents. The basis of the appeal must be an affida- 
 vit filed in the office of the superintendent of public instruction, within thirty days 
 from the date of the decision appealed from. For form and contents of the 
 affidavit see notes to sections 1830-31. 
 
 2. Upon the filing of an affidavit the superintendent of public instruction will 
 notify the county superintendent to forward a transcript of the papers in the case 
 within thirty days. The original papers must be preserved on file in the county 
 superintendent's office. 
 
SCHOOL LAWS OF IOWA. 101 
 
 board to the county superintendent, as nearly as applicable, except that 
 he shall give thirty days' notice of the appeal to the county superinten- 
 dent, and the like notice shall be given the adverse party. And the 
 decision, when made, shall be final. 
 
 SEC. 1836. Nothing in this chapter shall be so construed as to au- 
 thorize either the county or state superintendent to render a judgment 
 for money, neither shall they be allowed any other compensation than is 
 now allowed by law. All necessary postage must first be paid by the 
 party aggrieved. 
 
 3. Upon the filing of the transcript, thirty days' notice of the time set for hear- 
 ing will be given to all parties interested. This time of thirty days may be dimin- 
 ished on the written agreement of both parties. Form 53. 
 
 4. It is suggested that when it is possible, the transcript, or at least the testi- 
 mony, be sent in work from a typewriter. See also preface to School Law Decis- 
 ions of 1892. 
 
 5. At the hearing, parties interested may appear personally or by attorney, and 
 argue their cases orally if they desire, or they may send arguments in writing, or 
 if possible, in typewriting. 
 
 6. The record of the case in the office of the county superintendent, which is a 
 public record and should be open as such to examination by parties interested, 
 will furnish all needed data, where access to the transcript sent up is inconvenient. 
 
 7. The superintendent of public instruction will not hear original testimony in 
 cases submitted to him. S. L. Decisions, 126. 
 
 8. Any person aggrieved by an action of the county superintendent in refusing 
 grant a certificate or in revoking the same, may apply to him for a rehearing, 
 
 le proceedings to correspond as nearly as possible to the proceedings in the case 
 )f an appeal from a board of directors. If any party is aggrieved by the result of 
 :his investigation, an appeal may be taken therefrom to the superintendent of 
 mblic instruction. 
 
 A party, in whose favor an appeal is decided, has the remedy of a writ of 
 mandamus from a court of law to enforce the decision of appeal. 69 Iowa, 533. 
 
 SEC. 1836. Payment for postage in advance will be required with the affidavit. 
 Lt is impossible to tell what amount of postage will be needed in each case, and 
 me dollar will be required, to cover all needed postage. If the dollar does not 
 company the affidavit, the filing will necessarily be delayed until the amount is 
 
 jceived. 
 

 TABLE OF CONTENTS. 
 
 PAGE 
 
 APPEALS 98 
 
 ATTENDANCE 72 
 
 BOARD OF DIRECTORS 21 
 
 BOARD OF SUPERVISORS 68 
 
 BONDS 92 
 
 BOUNDARIES 74 
 
 CHANGES IN FORM OF DISTRICT 84 
 
 COUNTY AUDITOR 69 
 
 COUNTY HIGH SCHOOLS 12 
 
 COUNTY SUPERINTENDENT 60 
 
 COUNTY TREASURER 70 
 
 DISTRICT TOWNSHIP MEETING 17 
 
 FORMATION OF INDEPENDENT DISTRICTS 76 
 
 FORMS : 105 
 
 GENERAL PROVISIONS 56 
 
 INDEPENDENT DISTRICT ELECTION , 79 
 
 MISCELLANEOUS 70 
 
 PRESIDENT 43 
 
 SCHOOL DISTRICTS 16 
 
 SCHOOL-HOUSE SITES 96 
 
 SECRETARY 44 
 
 STATE AGRICULTURAL COLLEGE 10 
 
 STATE BOARD OF EXAMINERS 58 
 
 STATE NORMAL SCHOOL 7 
 
 STATE UNIVERSITY 9 
 
 SUBDIRECTOR 50 
 
 SUBDISTRICT MEETING : 19 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION 5 
 
 TAXES 66 
 
 TEACHERS 54 
 
 TEXT-BOOK LAW 27 
 
 TREASURER . . 47 
 
 

 BLANK FORMS. 
 
 NUMBER 1. 
 
 Form for Proceedings of District Township Meeting. 
 [Section 1717.) 
 
 March ,189. . 
 
 The electors of the district township of , in the county of , and 
 
 state of Iowa, assembled at pursuant to previous notice. The meeting 
 
 was called to order by the president at o'clock m. The secretary being 
 
 absent, was appointed secretary. 
 
 The order of business was stated by the president. 
 
 On motion of , a tax of dollars was voted for 
 
 school-house purposes. 
 
 moved that a tax of eight hundred dollars be voted 
 
 for the purpose of erecting a school-house in subdistrict No. . . 
 
 moved to amend by striking out "eight hundred 
 
 dollars" and inserting "one thousand dollars," which motion was carried and the 
 motion as amended was decided in the affirmative. 
 
 moved to transfer dollars of 
 
 unused school-house fund to teachers' (contingent) fund. Carried. 
 
 moved that the various powers conferred by law on 
 
 the district meeting, which may be delegated to the board of directors, be and the 
 same are hereby so delegated. After discussion the vote was taken and the motion 
 was adopted. 
 
 On motion of , , the meeting adjourned. 
 
 Chairman. 
 Secretary. 
 
 NOTE. It is essential that the secretary make a full and accurate record of the 
 >ceedings of the district township meeting, which should be submitted to the 
 ddent for his approval at the close of the meeting, and afterwards recorded in 
 ic district records, or otherwise preserved. 
 
 These records, together with all certificates of the action of any subdistrict in 
 ilation to voting school-house taxes, must be submitted by the secretary, who is 
 le proper custodian of the records, to the board, at the meeting held on the fol- 
 >wing Monday, to form the basis of its action in apportioning and certifying 
 ?hool-house taxes to the board of supervisors. 
 
SCHOOL LAWS OF IOWA. 
 
 NUMBER 2. 
 
 Form of Notice for Annual Meeting in Subdistricts . 
 [Section 1718.] 
 
 Notice is hereby given, that a meeting of the qualified electors of subdistrict 
 
 No , of the district township of , in the county of , and state of 
 
 Iowa, will be held at , on the first Monday in March, 189. ., at. . .o'clock, 
 
 for the election of one subdirector, and the transaction of such other business as 
 may legally come before it. 
 
 Dated.. ., 189.. 
 
 Subdirector of Subdistrict No 
 
 NOTES. (a) In case there is no subdirector, the above notice must be given by 
 the secretary of the district township. It must be posted five days previous to the 
 meeting, in at least three public places in the subdistrict. The notice should 
 designate the hour of meeting, which cannot be earlier than 9 o'clock a. m. Sec- 
 tion 1789. 
 
 (b) When an organized district township is left without officers, or without a 
 quorum, the above notice for a special election should be posted by the township 
 trustees, in at least three public places in each subdistrict, changing the time of 
 holding the election to suit the circumstances of the case. Section 1714. 
 
 NUMBER 3. 
 
 Form of Proceedings of Annual Subdistrict Meeting. 
 [Sections 1718, 1719, 1720.J 
 
 March , 189 .. 
 
 The electors of subdistrict No , of the district township of , in 
 
 the county of and state of Iowa, met pursuant to previous notice. 
 
 was appointed chairman, and secretary of 
 
 the meeting. 
 
 On motion of , the meeting proceeded to the election by 
 
 ballot of one subdirector. 
 
 The chairman announced the result of the ballot to be as follows: 
 
 20 votes were cast for A B; 15 votes for C D; and 10 votes for E F; upon which 
 A B was declared duly elected subdirector for the ensuing year. 
 
 moved that a tax of dollars be voted 
 
 for the erection of a school-house in this subdistrict. 
 
 The motion was lost. 
 
 On motion of , the meeting adjourned. 
 
 Chairman. 
 Secretary. 
 
SCHOOL LAWS OF IOWA. 107 
 
 NOTES. (a) If the electors desire to hold a caucus, it should be done before 
 the subdistrict meeting is called to order. Only one ballot can be had for the 
 election of subdirector, and a plurality will elect. 
 
 (b) The amount voted by the subdistrict must be certified to the next regular 
 district township meeting. 
 
 (c) To avoid the levy of taxes upon the subdistrict, the district township may 
 simply be requested, by a vote of the electors of the subdistrict, to build thenf a 
 school-house, without asking for a definite amount of money. 
 
 
 NUMBER 4. 
 
 Form for Certificate of Election of Subdirector. 
 [Section 1719.] 
 
 We hereby certify that, at the annual meeting of subdistrict No , of the 
 
 district township of , in the county of , and 
 
 state of Iowa, held on the first Monday in March, 189. ., was 
 
 duly elected subdirector for said subdistrict. 
 
 Chairman. 
 
 Secretary. 
 
 NOTES. faj This certificate, slightly varied, will answer in case of the election 
 of a subdirector at a special meeting called by the township trustees. In both 
 cases, it should be presented by the subdirector elect to the board of the district 
 township, and filed with the president of said district. 
 
 (b) In case of a tie vote, the fact should be certified in a similar manner to that 
 given in the above form, by the officers of the meeting. 
 
 NUMBER 5. 
 
 Form for Certificate of the Tax Voted by Subdistrict Meeting. 
 
 [Section 1718, 1778.] 
 To , 
 
 Secretary of the board of directors of the district township 
 
 of 
 
 I hereby certify that the electors of subdistrict No ,of the district 
 
 township of , in the county of ,and state of 
 
 Iowa, at the annual meeting, held on the first Monday in March, 189.., voted a 
 tax of dollars for the erection of a school-house in said subdistrict. 
 
 Subdirector. 
 
 TOTE. This certificate may be made either by the subdirector or by the chair- 
 in and secretary of the subdistrict meeting. 
 
108 SCHOOL LAWS OF IOWA. 
 
 NUMBER 6. 
 
 Proposals for the Erection (or Repair) of a School-house. 
 [Section 1728.] 
 
 Notice is hereby given that the proposals for the erection for repair) of a school - 
 
 house in subdistrict No , in the district township of , in 
 
 the county of , will be received by the undersigned, at his 
 
 office in .(where plans and specifications may be seen), until 
 
 1 o'clock p. in., 189. ., at which time the contract will be 
 
 awarded to the lowest responsible bidder. The board reserve the right to reject 
 any or all bids. 
 
 Secretary of the Board of Directors. 
 
 NUMBER 7. 
 
 Form of Contract for Building a School-house. 
 [Section 1723.] 
 
 Contract made and entered into between , of the 
 
 county of , and state of Iowa, and , in 
 
 behalf of the district township of , in the county 
 
 of , and state of Iowa, and his successors in office. 
 
 In consideration of the sum of , . . .dollars, to be paid as hereinafter 
 
 specified, the said. hereby agrees to build a 
 
 school-house, and to furnish the material therefor, according to the plans and 
 specifications for the erection of said house hereto appended, at 
 
 in said district township. The said house is to be built of the best material, in a sub- 
 stantial, workmanlike manner, and to be completed and delivered to the said 
 
 . . , or his successors in office, free from any lien for 
 
 work done or material furnished, on or before the day of , 
 
 189. . . And in case the said house is not finished by the time herein specified, the 
 
 said shall forfeit and pay to the said , 
 
 or his successors in office, for the use of said district township, the sum of 
 
 dollars, and shall also be liable for all damages that may 
 
 result to said district township in consequence of said failure. 
 
 The said . , or his successors in office, in behalf of said 
 
 district township, hereby agrees to pay the said the sum 
 
 of dollars when the foundation of said house'is finished: 
 
 and the further sum of dollars when the walls are up and 
 
 ready for the roof; and the remaining sum of dollars when the 
 
 said house is finished and delivered as herein stipulated. 
 
SCHOOL LAWS OF IOWA. 109 
 
 It is further agreed that this contract shall not be sublet, transferred, or assigned, 
 without the consent of both parties. 
 Witness our hands this day of , 189. . 
 
 Contractor. 
 
 President. 
 
 This is to certify that the foregoing contract was approved by the board of direc- 
 tors of the district township of in the county of , 
 
 and state of Iowa, this day of , 189 . . 
 
 President. 
 Secretary. 
 
 NOTES. (a) The law requires the board to make all contracts necessary to carry 
 out any vote of the district, and the president of the district to sign all contracts 
 made by the board. Section 1739. Contracts must, in all cases, be made according 
 to the instructions and directions of the board, and after being made they should 
 be approved by the board before any work is done. 
 
 (b] In building a school-house, it is important to secure plans of the building, 
 with full specifications as to its dimensions, style of architecture, number and size 
 of windows and doors, quality of materials to be used, what kind of roof, number 
 of coats of paint, of what material the foundation shall be constructed, its depth 
 below and its height above the surface of the ground, the number and style of 
 chimneys and flues, the provisions for ventilation, the number of coats of plaster- 
 ing and style of finish, and all other items in detail that may be deemed necessary. 
 The plans and specifications should be attached to the contract, and the whole tiled 
 with the secretary of the district township. 
 
 NUMBER 8. 
 
 Form of Bond for Performance of Contract. 
 [Section 1723.] 
 
 ... 
 
 tru 
 
 Know all Men by these Presents: That we, , as principal, 
 
 d and as sureties, of the county of 
 
 , and state of Iowa, are held and firmly bound unto the disr 
 
 ;rict township of , in the county of 
 
 and state of Iowa, in the penal sum of dollars, for the payment of 
 
 which, well and truly to be made, we bind ourselves, our heirs, administrators and 
 assigns, jointly, severally and firmly by these presents. 
 
 The condition of the above obligation is such that, whereas the said 
 
 has this day entered into a written contract with , as 
 
 president of the board of directors of the district township of , 
 
 in the county of , and state of Iowa, and his successors in office, 
 
 for the erection and completion of a school-house in said subdistrict, by the 
 
 K. . . day of 189. ., according to the plans and specifications 
 the construction of said house appended to said contract. 
 
SCHOOL LAWS OF IOWA. 
 
 Now, therefore, if the said shall faithfully and fully comply 
 
 with all the stipulations of said contract, then this obligation shall be void, other- 
 wise remain in full force and virtue in law. 
 
 In testimony whereof we have hereunto subscribed our names this 
 
 day of , 189.. 
 
 Principal. 
 
 Sureties} 
 
 NUMBER 9. 
 
 Bond of President. 
 [Chapter 24, Laws of 1890.] 
 Know all Men by these Presents: 
 
 That we , of the county of . . , , 
 
 as principal, and , as sureties, 
 
 are held and firmly bound unto the county of , and state 
 
 of Iowa, in the penal sum of FIVE HUNDRED DOLLARS, for the payment of which 
 we bind ourselves, our heirs, executors and administrators, firmly by these 
 presents. 
 
 The Condition of the Foregoing Obligation is, That, whereas, the above named 
 
 , as president of the board of directors of the 
 
 , is required by section 1 of chapter 
 
 24, laws of 1890, to take charge of, care for, and account for, all text-books and 
 supplies, and to return all moneys received from the sale of such books and sup- 
 plies to the contingent fundpf said district; now, if the said 
 
 shall promptly pay over to the treasurer of the district all money which may 
 come into his hands from the sale of books and supplies, and shall account in full 
 at any time for all books and supplies coming into his hands, and at the close of 
 his term of office shall deliver to any person or officer authorized to receive the 
 same, all books and supplies unsold, and make full settlement as required by law, 
 then this bond to be void, otherwise in full force. 
 
 Signed this day of , 189. . 
 
 NOTE. At least two sureties are required, who must be resident freeholders of 
 this state, and each of whom must make the affidavit as surety, required by 
 section 249, Code. Both the principal and sureties must qualify before some one 
 empowered to administer oaths. 
 
SCHOOL LAWS Oi IOWA. HI 
 
 NUMBER 10. 
 
 Notice to Publishers of School Text-books. 
 [Chapter 24, Laws of 1890. 1 
 
 Notice is hereby given that in accordance with section 5, chapter 24, laws of 
 
 1890, bids will be received up to of the day of 
 
 , 189.., by , at 
 
 , for the following text-books and supplies for 
 
 the use of the schools of said 
 
 Approximate Number Needed for First Supply. 
 
 Readers, First to Fifth, inclusive 
 
 Arithmetics, two books 
 
 Speller 
 
 Geographies, two books 
 
 United States History. , 
 
 Grammar 
 
 Language Lessons 
 
 Copy books, 1-5 inclusive , 
 
 Physiology 
 
 Approximate number of pupils in attendance upon the schools of said 
 
 , during the year 189 . . , 
 
 Samples of all text-books included in any bid must be deposited and remain in 
 the office of the county auditor, in accordance with section 7 of said act. 
 The board reserve the right to reject any or all bids, or any part thereof. 
 
 , President. 
 
 , Secretary. 
 
 ,, 189.. 
 
 NUMBER 11. 
 
 Bond of Contractor. 
 
 [Chapter 24, Laws of 1890.J 
 
 Know all Men by these Presents: That we, 
 
 >f as principal, and 
 
 sureties, are held and firmly bound unto 
 
 in the penal sum of. 
 
 be paid to the said 
 
 for which payment well and truly to be made, we bind ourselves, our heirs, execu- 
 )rs and administrators, firmly by these presents. 
 
112 
 
 SCHOOL LAWS OF IOWA. 
 
 The conditions of the above obligation are such that if the above bounden 
 
 shall well and truly fulfill and comply 
 
 with all the obligations of their contract made on the day of 
 
 , 189 . . , with the aforesaid 
 
 providing for the furnishing of school text-books at prices and on conditions set 
 forth in their said contract, a copy of which said contract is hereto attached and 
 made a part thereof, then this obligation to be void; otherwise to remain in full 
 force and effect. 
 
 In testimony whereof we have hereunto subscribed our names this 
 
 day of -, 189.. 
 
 Principal 
 
 Sureties. 
 
 NOTE At least two sureties are required, who must be resident freeholders of 
 this state, and each of whom must make this affidavit as surety, required by sec- 
 tion 249, Code. Both the principal and sureties must qualify before some one 
 empowered to administer oaths. 
 
 NUMBER 12. 
 
 Petition- for County Uniformity. 
 [Chapter 24, Laws of 1890.] 
 
 1 o . . , County Superintendent, 
 
 county, Iowa. 
 
 In accordance with section 8, chapter 24, laws of 1890, we, the undersigned, 
 holding the office of school director, ask for the ad'option of a uniform series of 
 text-books in the schools of said county, and that you take steps to submit the 
 question to the electors of the county, at the annual school meeting in March, as 
 provided for in section 9, of said act. 
 
 NAMES. 
 
 DISTRICT OR SUBDISTRICT 
 NAME OR NUMBER. 
 
 TOWNSHIP. 
 
 
 
 
 
 
 
 
 
 
 
 189. 
 
SCHOOL LAWS OF IOWA. H3 
 
 NUMBER 13. 
 
 Form for Certificate of Appointment of School Officers. 
 [Section 1730.] 
 
 ,189.. 
 
 To : 
 
 You are hereby notified that, at a meeting of the board of directors of the dis- 
 trict township of , in the county of , 
 
 and state of Iowa, held on the day of , 189. ., you were 
 
 duly appointed (here name the office] in and for said district township, to fill the 
 vacancy occasioned by the (here state the cause of the vacancy] of 
 
 Secretary of the Board of Directors. 
 
 NOTE For the appointment of subdirector, insert in the above form the words 
 subdistrict number of immediately after the word for. 
 
 NUMBER 14. 
 
 Form for Bond of Secretary or Treasurer. 
 [Section 1731.] 
 
 Know all Men by these Presents: That I, , as principal, 
 
 and and as sureties of 
 
 the district township of , in the county of * , 
 
 and state of Iowa, are held and firmly bound unto the district township of 
 
 , in the said county and state, in the penal sum of 
 
 dollars, to be paid to the said district township of 
 
 , for which payment, well and truly to be made, we bind 
 
 ourselves, our heirs, executors and administrators firmly by these presents. 
 
 The condition of the above obligation is such that if the above bounden 
 
 , shall well and truly fulfill the duties of secretary 
 
 (or treasurer) in the district township of , and county 
 
 of and state of Iowa, to the best of his ability, 
 
 according to law, then the above obligation to be void, otherwise to remain in full 
 force and action in law. 
 
 In testimony whereof we have hereunto subscribed our name this day 
 
 of , 189.. 
 
 Principal. 
 
 \ 
 
 Sureties. 
 
114 SCHOOL LAWS OF IOWA. 
 
 STATE OF IOWA, ) 
 county, f 
 
 I, , do solemnly swear (or affirm) that I will support 
 
 the constitution of the United States, and the constitution of the state of Iowa, and 
 that I will faithfully and impartially discharge the duties of secretary (or treas- 
 urer) of the district township of , in the county of 
 
 , and state of Iowa, according to law and as provided by 
 
 the condition of my bond above written. 
 
 Subscribed and sworn to before me by the above named 
 
 this day of , 189 . . 
 
 In testimony whereof witness my hand and official seal. 
 
 [SEAL.] Notary Public. 
 
 STATE OF IOWA, ) . 
 county. f bk 
 
 I , being duly sworn, depose and say 
 
 that I am a resident freeholder of the state of Iowa, and am worth the sum of 
 
 dollars beyond the sum of my debts, and have 
 
 property liable to execution in this state equal to the sum of 
 
 dollars. 
 
 Subscribed and sworn to before me by the above named. 
 
 this day of , 189. . 
 
 In testimony whereof witness my hand and official seal. 
 
 [SEAL.] Notary Public. 
 
 NOTES. (a) See section 1731, notes. 
 
 (b) The aggregate amount to which the sureties are required to qualify, is 
 double the amount of the bond required. Section 249, Code. 
 
 NUMBER 15. 
 
 Form of Certificate for Election of the Officers of the Board, to the County Super- 
 intendent^ Auditor, and Treasurer. 
 
 [Section 1736.] 
 
 I hereby certify that at a meeting of the board of directors of the district town- 
 ship of , held on the day of 
 
 , 189 . . , the following named officers were elected and have 
 
 duly qualified according to law: 
 
 , to the office of , P. O. Address 
 
 , to the office of , P. O. Address 
 
 Dated at.. , 189.. 
 
 Secretary. 
 
 NOTE. All the officers of the board, in addition to the oath which they may 
 have taken as members, must take the oath of office as prescribed by section 5, 
 article 11, of the constitution. 
 
SCHOOL LAWS OF lOWA. H5 
 
 NUMBER 16. 
 
 Form of Draft on the County Treasury. 
 [Sections 1739, 1785.] 
 
 To , County Treasurer: 
 
 Pay to ' , treasurer of the district township 
 
 of , in the county of , 
 
 and state of Iowa dollars school-house fund, 
 
 dollars contingent fund, and dollars teachers' fund, being the 
 
 amount of taxes collected and due this district, for the quarter ending on the 
 
 first Monday of , as shown by your notice of , 
 
 189.. 
 
 President. 
 
 Secretary. 
 
 NOTE. Whenever a draft is drawn on the county treasury, it is the duty of the 
 secretary to. charge the district treasurer with the amount named in the draft, 
 keeping a separate account with each fund. Section 1782. 
 
 
 NUMBER 17. 
 
 Form of Order on District Treasury. 
 
 [Section 1739.] 
 
 & ' , 189. 
 
 To , treasurer of the district township of. 
 
 Pay to , or order, the sum of dollars 
 
 from the (here state the fund] fund for (here state the object for which drawn}. 
 
 President. 
 
 Secretary. 
 
 NOTE. No order shall be drawn on the district treasury, until the claim for 
 which it is drawn has been audited and allowed. Section 1733. 
 All orders drawn on the district treasury should be registered by the secretary 
 per form 20. 
 
116 SCHOOL LAWS OF IOWA. 
 
 NUMBER 18. 
 
 Form of Lease. 
 
 [Section 1739.] 
 
 Know all Men by these Presents; That . . . . , of the county of 
 
 . and state of Iowa, for the consideration hereinafter 
 
 mentioned, does hereby lease unto , , president of 
 
 the board of directors of the district township of ., in the- 
 
 county of , and state of Iowa, or his successor in office,. 
 
 for the use of said district township for school purposes, the following described 
 premises, situated in the county and state aforesaid, to-wit: (Here describe the 
 house and lot or parcel of ground] together with all the privileges thereto belong- 
 ing, for the term of from the day of 
 
 189.. 
 
 The said president as aforesaid, or his successor 
 
 in office, hereby agrees to pay the said for the use of 
 
 said premises, the rate of dollars to be paid 
 
 at the expiration of this lease. 
 
 In testimony whereof we have hereunto subscribed our names this 
 
 day of , 189.. 
 
 Signed in duplicate. 
 
 President. 
 
 NOTE. As a matter of safety, the above lease should be executed in duplicate, 
 one to be held by the secretary of the board, and the other by the lessor. The 
 lease should be approved by the board, as in case of a contract, and should be filed 
 with the secretary. 
 
 NUMBER 19. 
 
 Form of Deed. 
 [Section 1739. j 
 
 -7 Know all Men by these Presents: That we, and 
 
 , h , of the county of 
 
 and state of Iowa, in consideration of the sum of . dollars- 
 
 in hand paid, do hereby sell and convey unto the district township of . . . v , 
 
 in the county of , and state of Iowa, the following 
 
 described premises, situated in the county of , and state 
 
 of Iowa, to-wit: (Here describe the premises.) 
 
 And we do hereby covenant with the said district township that we are lawfully 
 seized of said premises; that they. are free from incumbrance; that we have good 
 right and lawful authority to sell the same; and we do hereby covenant to warrant 
 
SCHOOL LAWS OF IOWA. 
 
 117 
 
 and defend the title to the said premises against the lawful claims of all persons 
 whomsoever. 
 
 Signed this ' day of , 189 . . 
 
 STATE OF IOWA, / 
 county. f 
 
 On this day of , 189. ., before 
 
 me, a notary public in and for said county, personally came, 
 
 and -. . . . , h , personally to me known to be the identical 
 
 persons whose names are affixed to the above deed, for the purposes therein 
 expressed. 
 
 Witness my hand and notarial seal this day 
 
 [L. s.] of , 189.. 
 
 Notary Public. 
 
 NOTES. (a) In purchasing the grounds for school-house purposes, the presi- 
 dent should require an abstract of title and satisfy himself that the property is 
 free from incurnbrance. Let the property in all cases be conveyed to the district 
 in its corporate name. The deed should be recorded and afterwards filed with 
 the president. 
 
 (b) In case of the donation of school-house site, the following reversionary 
 clause may be appended to the deed: Provided, that if, Jor the space of two con- 
 secutive years said premises shall cease to be used for school purposes, the same shall 
 revert to the original donor; his heirs or assigns, without legal hinderance or expense. 
 
 (c) Since, by section 1827, the receipt of the treasurer for the money deposited 
 with him, for the owner of the land, may be the only evidence of title, such receipt 
 should have a full description of the property, contain the proviso of note (b) 
 of this form with this addition: upon the repayment of the principal amount paid by 
 the district, without interest, together with the value of any improvements thereon 
 made by the district, and the receipt should be recorded by the county recorder. 
 
 NUMBER 20. 
 
 Form of Order Eegister of Secretary and Treasurer. 
 [Section 1741.] 
 
 IN WHOSE FAVOR 
 DRAWN. 
 
 FOR WHAT PURPOSE. 
 
 
 
 II 
 
 CO 
 
 P O 
 
 I 
 
 11 
 
 1 [April 7, 189. , 
 2 'April 7, 189., 
 
 'April 7. 189. 
 
 May 10, 189. 
 
 May 14, 189 
 
 , | John Smith 
 , A. J. Adams 
 . JoelB. Young.. 
 . Thos. Harrison. 
 . ISarah Johnson. 
 
 Teaching school 
 
 Rep. on school-house. . 
 
 P uel 
 
 Erection of S -house.. . 
 Teaching school 
 
 5.00 
 125.00 
 
 5.00 
 
 $45.00 
 
 63.74 
 
118 SCHOOL LAWS OF IOWA. 
 
 NOTE. The law requires both the secretary and treasurer to keep a register of 
 all orders drawn on the district treasury, containing a record of each item 
 enumerated in the above form. 
 
 Whenever orders are drawn, the secretary should register them and furnish the- 
 treasurer with a transcript of the same to place upon his register. 
 
 Whenever partial payment is made, the treasurer should indorse the payment 
 on the order and take a receipt for the amount paid. When paid in full, the- 
 order should, in all cases, be indorsed by the person presenting it, and left with 
 the treasurer. It is then a voucher for the amount paid. 
 
 NUMBER 21. 
 
 Form of Notice of District Meeting. 
 [Section 1742.] 
 
 Notice is hereby given to the qualified electors of the district 
 
 of , in the county of : , 
 
 and state of Iowa, that the annual meeting of said district will be held at 
 
 , on the second Monday in March, 189. ., at. . . .o'clock . . m., for the 
 
 transaction of such business as may legally come before it. 
 
 Secretary. 
 189.. 
 
 NOTES. (a) The above notice must be posted in five different conspicuous^ 
 places in the district and a copy of 'the same furnished to the teacher of each 
 school in session to be read to the pupils thereof. In independent districts, insert 
 immediately after the word /or, in the concluding part of the notice, the words- 
 the election of officers and in. accordance with the provisions of sections 1807>- 
 1808, and section 4, chapter 8, laws* of 1880. 
 
 (0) The same notice, slightly changed, may be given for the extra meetings- 
 provided for in sections 1717i, 1807|, and 1822, changing the time of holding the 
 election to suit the circumstances of the case. 
 

 SCHOOL LAWS OF IOWA. 
 
 119 
 
 NUMBER 22. 
 [Section 1745.1 
 
 Report of the Secretary of the .................... District 
 
 of ...... .................. , for the Year Ending September 
 
 , 189. . 
 
 DIS- 
 TRICTS. 
 
 SCHOOLS. 
 
 TEACHERS AND PUPILS. 
 
 GENERAL. 
 
 No. of subdistrict or name of in- 
 dependent district. 
 
 No. ungraded. 
 
 No. of rooms in graded schools. 
 
 INo. of mouths' school since Sep- 
 tember of last year. 
 
 No. employed. 
 
 Average compensation 
 per month. 
 
 No. of persons between 
 the ages of 5 and 21 
 years. 
 
 Total No. of different scholars 
 registered in the school since 1 
 last September. 
 
 Average daily attendance in each 
 school. 
 
 Average cost of tuition per month 
 for each pupil. 
 
 No. of school-houses. 
 
 0) 
 3 
 
 A 
 
 1 
 
 A 
 o 
 
 00 
 
 "o 
 o 
 
 
 "3 
 
 > 
 
 Value of apparatus. 
 
 umes in library. 
 
 No. of trees set out on grounds 
 and in thrifty condition. 
 
 Is the law requiring effects of 
 stimulants and narcotics to be 
 taught, fully complied with? 
 
 
 2 
 "3 
 
 & 
 
 Females. 
 
 r2 
 
 "cS 
 
 8 
 
 Females. 
 
 an 
 
 o> 
 
 g 
 
 Females. 
 
 o 
 > 
 
 o 
 
 d 
 ft 
 
 
 
 
 
 
 
 $... 
 
 $... 
 
 
 
 
 
 1 
 
 1 
 
 $ 
 
 $ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 .... 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Totals.. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 .... 
 
 
 
 '.... 
 
 
 * 
 
 * 
 
 
 
 * 
 
 * 
 
 * 
 
 
 9 1$ 
 
 
 
 * Leave these totals blank. 
 
120 SCHOOL LAWS OF IOWA. 
 
 STATISTICS OF BLIND, DEAF AND DUMB, AND FEEBLE-MINDED. 
 
 NAME. 
 
 AGE. 
 
 NATURE OF 
 DEFECT. 
 
 NAME OF PAR- 
 ENT. 
 
 P. O. ADDRESS. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 I hereby certify that the foregoing report is correct. 
 post office, September , 189 . . 
 
 Secretary. 
 
 NOTES. (a) At the regular meeting in September, call the attention of your 
 board to section 690, Code, which directs it to settle in full with the treasurer, and 
 require him to account for and produce all funds and property under his control. 
 The fact that the treasurer has made a complete settlement, and that he is in 
 possession of the funds, should be indorsed on the new bond. This will furnish 
 the legal proof that the treasurer has the funds in his possession. 
 
 (b) Two or more terms taught in the same school-house, the same year, con- 
 stitute but one school. 
 
 (c) Express all fractions decimally; omit cents in the valuation of school- 
 houses and apparatus. 
 
 (d) To find the average daily attendance in the district, divide the sum of the 
 total attendance in days, as shown by the register of the teacher or teachers, by 
 the number of days the school has been taught. 
 
 (e) To find the average cost of tuition per month for each pupil, divide the total 
 amount paid teachers by the number of months, and this quotient by the average 
 daily attendance. 
 
 (J) The average compensation per month averages between winter and summer 
 schools, or of all the teachers of the same grade employed in a given district. 
 
 (g) Secretaries must file their reports with the county superintendent immedi- 
 ately after the meeting of the board, on the third Monday in September. 
 
SCHOOL LAWS OF 1OW/ 
 
 121 
 
 NUMBER 23. 
 
 Form for the Treasurers' Account with the Teachers' Fund 
 
 [Sections 1747, 1748.J 
 , TREASURER, in account with Teachers' Fund. 
 
 DR. 
 
 Sept, 28, 189.. 
 
 Oct. 5, 189.. 
 
 Jan. 4, 189. . 
 
 April 5, 189. . 
 
 April 5, 189.. 
 
 July 
 
 To cash received of County Treasurer, semi-annual appor- 
 tionment 
 
 To cash received of County Treasurer, district tax 
 
 To cash received of County Treasurer, district tax 
 
 To cash received of County Treasurer, district tax 
 
 To cash received of County Treasurer, semi-annual appor- 
 tionment 
 
 To cash received of County Treasurer, district tax 
 
 270.00 
 
 75.00 
 
 150.00 
 
 197.00 
 
 135.00 
 100.00 
 
 TREASURER, in account with Teachers' Fund. 
 
 OR. 
 
 Oct 13 189 
 
 By cash paid James Hogan on order No. 1 
 
 $ 136.01 
 
 Oct 13 189 
 
 By cash paid Sarah Smith on order No 3 
 
 89.00 
 
 Nov 14 189 
 
 By cash paid Nicholas Hoover, on order No. 4 
 
 135.00 
 
 May 3 189 
 
 By cash paid Louisa Martin on order No. 7 
 
 82.00 
 
 May 4 189 . 
 
 By cash paid Jas. M. Higgins, on order No. 10 
 
 115.00 
 
 May 4 189. 
 
 By cash paid Stephen Phelps, on order No. 11 
 
 175.00 
 
 May 5, 189.. 
 
 By cash paid Amelia Mason, on order No. 13 
 
 95.00 
 
 NOTE. A similar account is to be kept with the school-house fund and contin- 
 gent fund, and a statement of the condition of any fund is to be rendered at any 
 time when required by the board. By keeping a correct account of the orders, as 
 per form 20, the treasurer will know the amount outstanding, and can readily 
 determine what per cent on each he can pay with the funds on hand. 
 
 The above form is intended for separate pages opposite each other. 
 
 NUMBER 24. 
 [Section 1751.] 
 
 Report of the Treasurer of ike. . , District 
 
 of , . . ., for the year ending September , 189 . . 
 
 DR. SCHOOL-HOUSE FUND. 
 
 CR. 
 
 On hand at last report 
 
 1 
 
 
 Paid for school -houses and sites. . 
 
 $... 
 
 
 
 Received from district tax 
 
 
 
 Paid on bonds and interest 
 
 
 
 Received from other sources 
 
 
 
 Paid for library and apparatus. . . 
 
 
 
 
 
 
 Transferred to other funds 
 
 
 
 
 
 
 P'lid for other purposes 
 
 
 
 
 
 
 On hand 
 
 
 
 
 
 
 
 
 
 Total '. 
 
 
 
 j Total 
 
 
 
122 
 DR. 
 
 SCHOOL LAWS OF IOWA. 
 
 CONTINGENT FUND. 
 
 CR. 
 
 On hand at last report 
 
 $ 
 
 
 Paid for fuel, rent repairs insur- 
 
 
 Received from district tax 
 
 
 
 ance, and janitors .... 
 
 $ 
 
 Received from sale of text-books 
 
 
 
 Paid secretary and treasurer. 
 
 
 and supplies 
 
 
 
 Paid for records dictionaries 
 
 
 Received from school-house fund 
 
 
 
 and apparatus 
 
 
 and other sources 
 
 
 
 Paid for text-books and supplies 
 
 
 
 
 
 to be resold 
 
 
 
 
 
 Paid for general supplies 
 
 
 
 
 
 Paid for other purposes 
 
 
 
 
 
 On hand 
 
 
 
 
 
 
 
 Total. . 
 
 
 
 Total.. 
 
 
 DR. 
 
 TEACHERS' PDND. 
 
 CR. 
 
 On hand at last report 
 
 $ 
 
 
 Paid teachers since last report 
 
 $ 
 
 
 Received from district tax 
 
 
 
 Paid other districts for tuition 
 
 
 
 Received from semi-annual appor- 
 
 
 
 Paid for other purposes 
 
 
 
 tionment 
 
 
 
 On hand 
 
 
 
 Received by transfer from school- 
 house fund 
 
 
 
 
 
 
 Received from other sources 
 
 
 
 
 
 
 
 
 
 
 
 
 Total 
 
 
 
 Total 
 
 
 
 I hereby certify that the foregoing report is correct. 
 post office, September , 189. 
 
 , Treasurer, 
 
 NOTES. (a) The totals of the debit and credit columns in each fund MUST, IN ALL 
 CASES, BE EQUAL; the report should exhibit the exact amounts received and paid 
 out by the district since the date of last report. Unpaid orders are not to be 
 reported. 
 
 (b) The amount on hand at last report MUST BE IDENTICAL with the amount 
 reported on hand in your last report to the county superintendent. 
 
 (c) The treasurer is required to make a full report to the board, at the expira- 
 tion of his term of office on the third Monday of September, and to file a copy of 
 the same immediately with the county superintendent. Section 1751 and notes. 
 
 (d) The report must be made in the identical items printed on this blank. Any 
 deviation or interlining simply causes the county superintendent the trouble of 
 condensing. Itemize fully, and take pride in making paid for other purposes as 
 small as possible. 
 
 (e) The report made to the county superintendent should be identical with the 
 final report for a full year made by the treasurer to the board at its meeting on the 
 third Monday in September. 
 
SCHOOL LAWS OF IOWA. 
 
 NUMBER 25. 
 
 Form of Contract between Subdirector (or Secretary), and Teacher. 
 [SECTIONS 1753, 1757, 1758.] 
 
 This contract, between of county, Iowa,. 
 
 and , subdirector of subdistrict No of the district 
 
 township of , in the county of and state of Iowa, witnesseth: 
 
 That the said , agrees to teach the public schools in said sub- 
 district for the term of weeks, commencing on the day 
 
 of , 189. ., and well and faithfully to perform the duties of teacher in 
 
 said school, according to law, and the rules legally established for the government 
 thereof, including the exercise of due diligence in the preservation of school 
 buildings, grounds, furniture, apparatus, and other school property. 
 
 In consideration of said services, the said , as subdirector aforesaid, 
 
 in behalf of said district township, agrees to pay the said , the 
 
 sum of dollars per school month, at the end of r 
 
 and to perform all the duties required by law as such subdirector. 
 
 Witness our hands this day of , 189. . 
 
 Teacher. 
 
 Subdirector. 
 The within contract is hereby approved this day of , 189. , 
 
 President. 
 
 NOTE. With a little variation the above form will answer for independent 
 districts. The subdirector should file the contract with the president and secure 
 his approval before the teacher enters upon his duties. The president cannot 
 withold his approval, unless there has been a violation of law, or the instructions 
 of the board have been disregarded. 
 
 NUMBER 26. 
 
 Form for 'List of Heads of Families and Children, to be kept by Subdirectors. 
 
 [Section 1754. | 
 
 PARENTS OR GUARDIANS. 
 
 NAMES OF CHILDREN. 
 
 SEX. 
 
 AGE. 
 
 John Smith. . 
 James Jones. 
 Byron. 
 
 Peter Smith 
 
 Eliza Smith 
 
 William Jones 
 
 Charles Peters, (ward) 
 
 James Byron Male . 
 
 Male 
 
 Female 
 
 Male 
 
 Male. . 
 
 10 years. 
 12 years. 
 8 years. 
 15 years. 
 12 years. 
 
 NOTE. The above list should be recorded in a book, and carefully preserved 
 with the records of the subdistrict, from this record the subdirector will be able to 
 make his annual report to the district secretary, as required by section 1755. 
 
SCHOOL LAWS OF IOWA. 
 
 . 
 
 % 
 
 a 
 
 5 I 
 
 ^ s 
 
 o 
 
 ?-l b_, 
 
 o 
 
 oa < 
 
 BRANCHES STUDIED. 
 
 'SOI^OO 
 
 -IBU pui? s^uvjniui^g 
 
 * 
 
 
 
 
 * 
 
 * 
 
 * 
 
 -room in the district with a bound copy of school regi-ster. In the above form, E indicates the date of the pupil's 
 ;nce in the afternoon; 20, twenty minutes late in the forenoon; lOe, ten minutes late in the afternoon, excused. The 
 s present the entire day. Absence at roll-call is indicated by a dot, which is afterward changed by figures, or a 
 * indicates branch studied. 
 
 A".KnsiH 'g '1 
 
 
 * 
 
 
 
 
 A^ototsXqa 
 
 
 
 
 
 
 
 
 atsraunuo 
 
 
 * 
 
 
 * 
 
 
 
 
 A-qdTuSoeo 
 
 * 
 
 * 
 
 
 * 
 
 
 ona^uy ue,^ 
 
 
 * 
 
 
 
 
 otrauiqiuv l^uajvi 
 
 
 
 
 
 
 3upuA\ 
 
 * 
 
 * 
 
 * 
 
 
 
 n 
 
 |P 
 
 suip^a 
 
 
 
 
 
 
 
 
 
 
 
 A-qdtugoq^o 
 
 
 
 
 
 
 
 s.vBp at aoutipna^T? IBJOJ, 
 
 cc 
 
 S 
 
 3 
 
 in 
 
 
 
 v 
 
 JUNK. 
 
 DAT OF MONTH. 
 
 -umg A'[>[8aA\. 
 
 m 
 
 cc 
 
 m 
 
 in 
 
 m 
 
 < 
 
 ''S ''5 
 
 
 
 
 
 
 X 
 
 f "itE 
 
 
 
 
 
 
 
 X 
 
 '8 ''AY 
 
 
 X 
 
 
 
 
 X 
 
 S'VL 
 
 
 X 
 
 i- 
 
 
 
 r-w 
 
 ^ 
 
 X. 
 
 
 
 
 
 A*.n?ui 
 -rang Ai^aaAY 
 
 "* 
 
 m 
 
 n 
 
 m 
 
 CO 
 
 
 
 62 "5 
 
 
 V 
 
 
 
 $ 
 
 
 SS'-qJ, 
 
 
 
 
 
 ^ 
 
 
 M 
 
 MS ''AY 
 
 & 
 
 
 
 
 X 
 
 W 
 
 9S'M 
 
 
 
 
 
 
 9) 
 
 CS"K 
 
 X 
 
 
 
 
 
 -rang At^99AY 
 
 3 
 
 5 
 
 * 
 
 in 
 
 0) 
 
 
 zz '-^ 
 
 
 ^ 
 
 
 
 
 
 'IS "qi 
 
 
 
 X 
 
 
 s 
 
 
 os "AY 
 
 gx 
 
 
 
 
 
 
 y each school 
 noon ; / , abse 
 the pupil wa 
 aces require; 
 
 61 '\I 
 
 
 
 
 
 
 
 '81 "H 
 
 w 
 
 H 
 
 H 
 
 H 
 
 
 
 PUPILS. 
 
 aSy 
 
 2 
 
 S 
 
 00 
 
 IS 
 
 m 
 
 OS 
 
 !NoTE The board should supp 
 entrance; \, absence in the fore 
 absence of marks indicates that 
 diagonal mark, as the circumsta 
 
 NAME. 
 
 Peter Smith 
 
 Eliza Smith 
 
 William Jones 
 
 Charles Peters 
 
 James Byron 
 
 Thomas Ward 
 
 OK 
 
 ^ ; <N 
 
 CO 
 
 * 
 
 m 
 
 <o 
 
SCHOOL LAWS OF IOWA. 
 
 125 
 
 'g 
 
 M 
 
 S I 
 
 in the county of 
 
 BRANCHES STUDIED. 
 
 
 
 
 
 
 
 
 . 
 
 B is a faithful and correct register of said school. 
 , , Tetwhc.r. 
 
 
 
 
 
 
 
 
 *sopoo 
 ^K pnTf s}uti[niui)g 
 
 * 
 
 
 
 
 i 
 
 AIO^SIH 'S '1 
 
 
 * 
 
 
 
 
 
 .A'SoioisA'qd 
 
 
 * 
 
 
 
 
 
 MTHUUIKIQ 
 
 
 # 
 
 
 * 
 
 
 
 -.CqchuSoao 
 
 * 
 
 5 
 
 
 
 
 
 orjaraqjuv onAV 
 
 
 * 
 
 
 
 
 
 oiiaoiqiuv W09K 
 
 
 " 
 
 
 
 
 
 taught in subdistrict number , of the district township of , 
 erm commencing on the 18th day of May, 189. ., and ending/. ..,189.. 
 
 mm* 
 
 * 
 
 4 
 
 * 
 
 * 
 
 * 
 
 * 
 
 auTpTOH 
 
 * 
 
 ft 
 
 
 
 * 
 
 * 
 
 
 ,<qdlu8oq W 
 
 i 
 
 * 
 
 * 
 
 * 
 
 * 
 
 * 
 
 S.fup Tit 80UT?pUa}:)'e I^OJ, 
 
 
 
 
 
 
 
 
 be 
 
 a 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Attendance in days for weeks commenci 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 8 aun r 
 
 
 
 
 
 
 
 ,aunr 
 
 
 
 CO 
 
 - 
 
 1C 
 
 iC 
 
 ; , 
 
 fiB^H 
 
 < 
 
 S 
 
 
 
 
 
 I hereby certify that the abov 
 
 81 ABK 
 
 "I 
 
 3 
 
 " 
 
 1C 
 
 u 
 
 
 Register of the school 
 and state of Iowa, for the t 
 
 cc 
 
 aSy 
 
 g 
 
 sj 
 
 GO 
 
 C C-l 
 
 a> 
 
 H 
 
 M 
 ^ 
 
 Peter Smith 
 
 Eliza Smith 
 
 . 
 
 William Jones 
 
 Chiirlcs Poters 
 
 
 
 S 
 
 Thomas Ward 
 
 ON: 
 
 *"" 
 
 4* 
 
 CO 
 
 -* 
 
 1 
 
!L 2 6 SCHOOL LAWS OF IOWA. 
 
 NUMBER 29. 
 Form of Teacher's Certificate. 
 
 [Sections 1766, 1767.] 
 TEACHER'S CLASS CERTIFICATE. 
 
 OFFICE OF COUNTY SUPERINTENDENT, } 
 
 county, Iowa, v 
 
 No , 189.. \ 
 
 This certifies that , has passed an examination, as 
 
 required by law, with results hereto appended, and that possesses a 
 
 good moral character, aptness to teach and ability to govern. I hereby authorize 
 
 to teach in the public schools of county for a period 
 
 of months from the date of this certificate. 
 
 Per cent. Per cent. 
 
 Orthography U. S. History 
 
 'Reading Effects of stimulants, etc 
 
 Writing Theory of teaching 
 
 Arithmetic Practice of teaching 
 
 'Geography 
 
 ^Grammar 
 
 Physiology 
 
 County Superintendent. 
 . This certificate is valid only in the county where granted. 
 
SCHOOL LAWS OF TOWA. 
 
 127 
 
 NUMBER 30 
 
 Form for Monthly Report oj Institute Fund. 
 [Section 1769.] 
 
 Received from examination fees, for the month of and paid 
 
 to the treasurer of * county, Iowa, as required by Chapter 57, 
 
 Laws of 1874, as amended by Chapter 54, Laws of 1878. 
 
 
 NAME OF APPLICANT. 
 
 AMOUNT 
 KECEIVED. 
 
 
 NAME OF APPLICANT. 
 
 AMOUNT 
 RECEIVED. 
 
 1 
 
 2 
 3 
 4 
 5 
 
 7 
 8 
 9 
 10 
 U 
 12 
 13 
 14 
 15 
 16 
 17 
 18 
 1<) 
 20 
 21 
 '22 
 23 
 4 24 
 '25 
 :2r> 
 
 
 $ 
 
 
 27 
 
 
 $ 
 
 
 
 
 
 28 
 
 
 
 
 
 
 )() 
 
 
 
 
 
 
 
 ;;o 
 
 
 
 
 
 
 
 HI 
 
 
 
 
 
 
 
 32 
 
 
 
 
 
 
 
 33 
 
 
 
 
 
 
 
 34 
 
 
 
 
 
 
 
 85 
 
 
 
 
 
 
 
 3ii 
 
 
 
 
 
 
 
 37 
 
 
 
 
 
 
 
 38 
 
 
 
 
 
 
 
 3<) 
 
 
 
 
 
 
 
 40 
 
 
 
 
 
 
 
 41 
 
 
 
 
 
 
 40 
 
 
 
 
 
 
 
 43 
 
 | 
 
 
 
 
 
 44 
 
 
 
 
 
 
 
 45 
 
 
 
 
 
 
 
 4(? 
 
 
 
 
 
 
 
 47 
 
 
 
 
 
 
 
 48 
 
 
 
 
 
 
 
 4 ( ) 
 
 
 
 
 
 
 
 50 
 
 
 
 
 
 
 
 51 
 
 
 
 
 
 
 
 5 
 
 
 
 
 
 
 
 
 Total 
 
 
 
 
 $ 
 
 
 
 
 
 I certify that the above report is correct. 
 ., Iowa. 
 
 ,1, 189.. 
 
 County Superintendent. 
 
 NOTES (a) The monthly report and payment of institute fund required by 
 section 1769 should be made on the first day of each month. 
 
 Ib] By section 1769, one dollar must be paid by every applicant for a certificate. 
 
128 SCHOOL- LAWS OF IOWA. 
 
 NUMBER 81. 
 
 Form for Receipt of Institute Fund. 
 [Section 1769. J 
 
 RECEIVED OF , superintendent 
 
 of schools county, Iowa, dollars 
 
 institute fund. 
 
 , Iowa. , 
 
 1 , 189 . . County Treasurer. 
 
 NUMBER 32. 
 
 of Application for Teachers' Normal Institute. 
 [Sections 1769 and 1584.] 
 
 OFFICE OF COUNTY SUPERINTENDENT, ) 
 county 189 .. ) 
 
 To the Superintendent of Public Instruction: 
 
 From satisfactory evidence on file in this office, I hereby certify that not less 
 
 than twenty teachers desire to assemble at , 
 
 county, Iowa, on the day of J.. , 189. ., 
 
 for the purpose of holding a teachers' normal institute, to remain in session for a 
 period of weeks. 
 
 I shall act as director, and have appointed subject to your approval, 
 
 conductor, 
 
 and assistants 
 
 and hereby request your concurrence in said appointments. 
 
 County Superintendent. 
 
SCHOOL LAWS OF IOWA. 
 
 129 
 
 NUMBER 33. 
 
 Form for Report of Registration Fees, Institute Fund. 
 [Section 1769.] 
 
 Received from registration fees of normal institute, held at , 
 
 commencing , 189. ., for a period of , weeks, and 
 
 paid to the treasurer of county, Iowa, as required by 
 
 Chapter 57, Laws of 1874, as amended by Chapter 54, Laws of 1878. 
 
 
 NAME OF TEACHER. 
 
 : 
 AMOUNT 
 RECEIVED. 
 
 
 NAME OF TEACHER. 
 
 AMOUNT 
 RECEIVED. 
 
 1 
 
 o 
 3 
 4 
 5 
 
 6 
 7 
 8 
 9 
 10 
 11 
 12 
 13 
 14 
 15 
 16 
 17 
 18 
 19 
 20 
 21 
 22 
 23 
 24 
 25 
 26 
 
 
 $ 
 
 27 
 
 
 $ 
 
 
 
 
 
 98 
 
 
 
 
 
 \"" 
 
 v>9 
 
 
 
 
 
 
 RO 
 
 
 
 
 
 
 31 
 
 
 
 
 
 
 3'? 
 
 
 
 
 
 
 
 33 
 
 
 
 
 
 
 
 34 
 
 
 
 
 
 
 
 35 
 
 
 
 
 
 
 
 36 
 
 
 
 
 
 
 
 37 
 
 
 
 
 
 
 m 
 
 
 
 
 
 
 
 39 
 
 
 
 
 
 
 
 10 
 
 
 
 
 
 
 
 41 
 
 
 
 
 
 
 
 40 
 
 
 
 
 
 
 
 43 
 
 
 
 
 
 
 
 44 
 
 
 
 
 
 
 
 45 
 
 
 
 
 
 
 
 46 
 
 
 
 
 
 
 
 47 
 
 
 
 
 
 
 
 '18 
 
 
 
 
 
 
 
 49 
 
 
 
 
 
 
 
 50 
 
 
 
 
 
 
 
 51 
 
 
 
 
 
 
 
 
 State appropriation 
 Total. . 
 
 
 
 
 
 
 
 
 
 
 I hereby certify that the above report is correct. 
 
 County Superintendent. 
 
 Iowa. 
 189.. 
 
130 SCHOOL LAWS OF IOWA. 
 
 NUMBER 34. 
 
 Form of Order on Institute Fund. 
 [Section 1769.1 
 
 OFFICE OF COUNTY SUPERINTENDENT, 
 $ county, , 189.. 
 
 To , Treasurer of county : 
 
 Pay to , or order, dollars out of the 
 
 institute fund, for , as per bill No , approved this 
 
 day, as required by law, and on tile in my office. 
 
 No , 
 
 County Superintendent. 
 
 NOTE. The county superintendent must pay to the county treasurer all moneys 
 received for the institute fund, including the warrant for the state appropriation. 
 He should not issue warrants for a greater amount than the funds in the hands of 
 the county treasurer will pay off and satisfy. 
 
 NUMBER 35. 
 
 Form for Revocation of Teacher's Certificate. 
 [Section 1771.] 
 
 OFFICE OF COUNTY SUPERINTENDENT, 
 county, , 189. . 
 
 To the Boards of School Directors in the county of , and State 
 
 of Iowa : 
 
 WHEREAS, On the day of 189. . , a certificate was 
 
 issued authorizing to teach in the public 
 
 schools of this county ; and, 
 
 WHEREAS, Upon due examination, of which the said 
 
 received personal notice, and was permitted to be present and make 
 
 defense, it appeared that the said in consequence of 
 
 (here state the offense gross. immorality, for example), is unworthy longer to retain 
 the same. 
 
 Now, therefore, in pursuance of the provisions of section 1771, of the school 
 laws of the state of Iowa, the said certificate is hereby revoked, to take effect 
 from and after the date hereof. 
 
 County Superintendent. 
 
 NOTE. A copy of the above revocation should be transmitted to the secretary 
 of each district, and the secretary should immediately notify each subdirector in 
 his district of the fact. The teacher should also be served with a copy. 
 
SCHOOL LAWS OF IOWA. 
 
 NUMBER 36. 
 
 . Form for Certificate to the Board of Supervisors of the Tax Determined by the 
 
 Board of Directors. 
 
 [Section 1777.] 
 
 , 189.. 
 
 To the Board of Supervisors of county : 
 
 I hereby certify that a tax of dollars was this day 
 
 determined by the board of directors of the district township of , in the 
 
 county of , and state of Iowa, for the contingent fund, 
 
 and dollars for the teachers' fund as provided 
 
 in section 1777 of the Code. 
 
 Secretary 
 
 NUMBER 37. 
 
 Form of Certificate to the Board of Supervisors of Tax Voted by the District 
 
 Township. 
 
 [Sections 1777, 1778.J 
 
 , 189.. 
 
 To the Board of Supervisors of. . . . , county, Iowa: 
 
 I hereby certify that at a meeting of the electors of the district township 
 
 of , in the county of , and state of Iowa, 
 
 held on the second Monday in March, 189. ., a tax of dollars was voted 
 
 for school-house purposes; and that this tax has been apportioned by the board 
 of directors among the subdistricts as follows: 
 
 Upon subdistrict No. 1, dollars. 
 
 Upon subdistrict No. 2, dollars. 
 
 Upon subdistrict No. 3, dollars. 
 
 Upon subdistrict No. 4, dollars. 
 
 Upon subdistrict No. 5, dollars. 
 
 Secretary. 
 
 NOTE. All school-house taxes voted by the district township electors, must be 
 apportioned among the subdistricts. Section 1778. 
 
]32 SCHOOL LAWS OF IOWA. 
 
 NUMBER 38. 
 
 Form for Certificate of Tax voted by a Subdistrict, and not Granted by the District 
 
 Township Electors. 
 
 [Section 1778.] 
 
 I hereby certify that the electors of subdistrict No in the district 
 
 township of , at the last annual meeting, voted to raise the 
 
 sum of dollars, for school-house purposes, more than was granted 
 
 by the electors of said district township. 
 
 Secretary". 
 
 189.. 
 
 NOTE. The subdistrict electors may vote a tax for school-house purposes and 
 certify the same to the district township meeting. Form 5. Whatever portion of 
 this sum the township electors neglect or refuse to grant, must be certified to the 
 board of supervisors to be levied directly upon the subdistrict making the request. 
 Section 1778. 
 
 NUMBER 39. 
 
 Form for Notice from the County Auditor of the Amiunt of Semi-annual Appo v . 
 
 tionment. 
 
 [Section 1783.1 
 
 OFFICE OF COUNTY AUDITOR, 
 county, ,189.. 
 
 To 
 
 President of the District Township of 
 
 Sir: You are hereby notified that according to the semi-annual apportionment 
 
 made this day, as provided by section 1781, Code, the sum of dollars is 
 
 due the district township of , in the county of 
 
 , and state of Iowa, for which I hand you herewith my 
 
 warrant on the county treasurer. 
 
 County Auditor. 
 
 NOTE. This warrant must be signed by the president and countersigned by the 
 secretary of the board, to authorize payment of the amount named therein upon, 
 presentation by the district treasurer. 
 
SCHOOL LAWS OF IOWA. 133 
 
 NUMBER 40. 
 
 Form of Certificate of Election of County Superintendent. 
 [Section 1783.] 
 
 OFFICE OF THE COUNTY AUDITOR, 
 county, 189 . . 
 
 I hereby certify that was elected to the office of 
 
 county superintendent, for the term commencing January '.. . . . , 189. . 
 
 His post office address is , Iowa. 
 
 County Auditor. 
 
 NOTE. This certificate should be forwarded to the superintendent of public 
 -instruction immediately after the result of the election is officially determined. 
 
 NUMBER 41. 
 
 Form for Certificate of Qualification of County Superintendent. 
 [Section 1783.] 
 
 OFFICE OF COUNTY AUDITOR, 
 county, , 189 . . 
 
 I hereby certify that has duly qualified for the 
 
 ^office of county superintendent, as required by sections 675 and 678, Code, for the 
 term commencing January , 189. . 
 
 His post office address is , Iowa. 
 
 County Auditor. 
 
 NOTE This certificate should be forwarded to the superintendent of public in- 
 struction as soon as the qualification and bond is filed in the office of the county 
 auditor, after such bond has been approved by the board of supervisors. 
 
134 SCHOOL LAWS OF IOWA. 
 
 NUMBER 42. 
 
 Form for Notice from County Treasurer of School Tax Collected. 
 [Section 1785.J 
 
 OFFICE OF COUNTY TREASURER, 
 county, , 189 . . 
 
 To President of the Board of Directors of the 
 
 District Township of : 
 
 You are hereby notified that the amount now collected and due the district 
 
 township of , in , county, 
 
 Iowa, is: 
 
 $ school-house fund. 
 
 $ contingent fund. 
 
 $. . . .teachers' fund. 
 
 County Treasurer. 
 
 NOTE. It is the duty of the county treasurer to notify the president of the board; 
 of each district, quarterly, of the amount collected for each fund and pay it to the 
 district treasurer on the warrant of the president countersigned by the secretary. 
 
 On the first Monday in April of each year, the county treasurer also renders a 
 statement of the amount of taxes uncollected in each district township. Section 
 1784. 
 
 The treasurer is required to pay over the amount of each fund collected, 
 monthly, to independent districts, on the order of the board. 
 
 NUMBER 43. 
 
 Form of Notice Permitting the Attendance of Pupils from Adjoining Districts. 
 
 [Section 1793.] 
 
 To Secretary of the Board of Directors of the 
 
 District Township of : 
 
 Notice is hereby given that 
 
 and , pupils residing in the district township of 
 
 , have been granted permission by the board and 
 
 county superintendent to attend school in subdistrict No , in the district 
 
 township of , commencing on the 
 
 day of , 189. ., for a term of months. 
 
 Dated at , 
 
 , 189.. , 
 
 President. 
 
 Secretary, 
 
SCHOOL LAWS OF IOWA. 135 
 
 NOTE. By section 1793, when boards cannot agree on the attendance of scholars 
 in adjoining districts, they may attend, if the other conditions of law are fulfilled, 
 by permission of the board where they wish to attend, and the consent of the 
 county superintendent of the county where they reside, but tuition can be col- 
 lected only from date of the official notice. 
 
 NUMBER 44. 
 Form of Application for Appointment of Appraisers of School-house Site. 
 
 [Section 1827. J 
 To , Superintendent of county, Iowa: 
 
 In accordance with the action of the board of directors of the district township 
 
 of , you are hereby requested to appoint 
 
 three disinterested persons to inspect, and assess the damages which the owner 
 will sustain by appropriating for school purposes, the following described real 
 estate, viz : t 
 
 Dated at 
 
 , 189, 
 
 President. 
 Secretary. 
 
 NUMBER 45. 
 Form for Appointment of Appraisers of Site for School-house. 
 
 [Section 1827.] 
 To ;..., and : 
 
 You are hereby appointed and constituted a board of appraisers, under the pro- 
 visions of section 1827 of the Code to assess the damages which the owner will 
 sustain by the appropriation for school purposes, of the following described real 
 estate, viz : 
 
 in subdistrict No , of the district township of 
 
 in the county of , and state of Iowa, contain- 
 ing one acre of land, exclusive of highway. 
 
 You will therefore, on the day of , 189. ., 
 
 at o'clock m., proceed to examine the real estate above described, and 
 
 assess, under oath, the cash damages which the owner will sustain by the appro- 
 
136 SCHOOL LAWS OF IOWA. 
 
 priation of said land for school purposes, and immediately thereafter report to 
 me in writing the amount of said damages. 
 
 Dated at... 
 
 , 189 '. , 
 
 County Superintendent. 
 
 Oath of Appraiser s . 
 
 We, , and , 
 
 do solemnly swear that we will well and truly, and to the best of our ability per- 
 form all of the duties imposed upon us by the foregoing commission. 
 
 Subscribed and sworn to before me by 
 
 and , this day of , 189.. 
 
 NOTE. Sufficient time must be allowed between the appointment of this com- 
 mission and the time set for appraising the damages to give the owner legal notice 
 thereof. 
 
 NUMBER 46. 
 
 Form of Notice to Owner of Real Estate of Appointment oj Appraisers. 
 
 [Section -1827.] 
 To , county, Iowa: 
 
 You are hereby notified that I have this day appointed appraisers to assess the 
 damages which the owner will sustain by the appropriation for school purposes > 
 of the following described real estate, viz : 
 
 Said appraisers will meet at the above described real estate, on the day 
 
 of , 189. ., at o'clock, . .. m., and assess said damages as 
 
 provided by section 1827 of the Code of Iowa. 
 
 Dated at , 
 
 ,189.. ., 
 
 County Superintendent. 
 
SCHOOL LAWS .OF IOWA. 137 
 
 OF THB 
 
 UNIVERSITY 
 
 NUMBER 47. 
 Form for Report of Appraisement of Property for School Purposes- 
 
 [Section 1827.] 
 
 * 
 
 To , Superintendent of county, Iowa: 
 
 We, the undersigned, having been appointed to appraise the damages which the 
 owner will sustain by the appropriation, for school purposes, of the following 
 described real estate, viz; : 
 
 do hereby report that we have on this day of , 189. ., 
 
 carefully examined said described real estate, and have appraised the damages 
 at dollars. 
 
 Dated at , 
 
 , 189.. 
 
 Appraisers. 
 
 NUMBER 48. 
 Form of Notice of Assessment of Damages. 
 
 [Section 1827.] 
 To county, Iowa : 
 
 You are hereby notified that appraisers were appointed to assess the damages 
 which the owner would sustain by the appropriation for school purposes, of the 
 following described real estate, viz. : 
 
 and that said appraisers met at said premises on the day of 
 
 189. ., and assessed said damages at dollars, as shown by their report 
 
 on file in my office. 
 
 Dated at , 
 
 , 189.. 
 
 County Superintendent. 
 
 
138 SCHOOL LAWS OF IOWA. 
 
 NUMBER 49. 
 
 Form of Affidavit of Appeal. 
 [Section 1830. J 
 
 STATE OF IOWA, 
 
 county. 
 
 ss. 
 
 v. V 
 
 DISTRICT TOWNSHIP OF ) 
 
 I, , being duly sworn, on oath, say: that on 
 
 the day of , 189 . . , the board of directors of 
 
 said district township rendered a decision (or made an order) whereby (here, state 
 facts showing affiant's interest in the decision, and the injury to that interest;} that 
 said board in rendering the decision (or making the order) aforesaid, committed 
 errors as follows: (Here state the errors charged.} 
 
 Subscribed and sworn to by before me, this. 
 
 day of , 189.... 
 
 NUMBER 50. 
 Form for Notice of Appeal. 
 
 [Section 1832.J 
 STATE OF IOWA, 
 
 county. rSS ' 
 
 v. 
 DISTRICT TOWNSHIP OF. 
 
 To , , 
 
 Secretary of the Board of Directors of the District Township of. .- 
 
 You are hereby notified that has filed in my office an affidavit 
 
 alleging that said board of directors, on the day of , 189. ., 
 
 made a decision (or an order) whereby (here describe the decision or order so that 
 the secretary may identify it}, and claiming an appeal therefrom. You are 
 therefore required within ten days after receiving this notice, to file in my office 
 
 at , in said county, a complete, transcript of the record 
 
 of the proceedings of the board relating to said order, together with copies of all 
 papers filed with you pertaining to said action appealed from. 
 
 Dated at , 
 
 189.. 
 
 County Superintendent. 
 
SCHOOL LAWS O* iOWA. 139- 
 
 NUMBER 51. 
 
 Form of Certificate to District Secretary's Transcript. 
 [Section 1832.] 
 
 I, , secretary of the board of directors of the- 
 
 district township of , in the county of 
 
 Iowa, hereby certify that the foregoing is a correct and complete transcript- 
 of the record of all proceedings of the board and of all papers filed relating to- 
 the case v 
 
 Dated at , 
 
 ., 189.. 
 
 Secretary. 
 
 NOTE. The secretary's transcript will contain : 
 
 A copy of all that portion of the records of the proceedings of the meeting, 
 relating to the action appealed from, with the date of the meeting. 
 
 A copy of each petition, remonstrance, plat, or other paper relating to said 
 action, submitted to the board, to which will be annexed the above certificate. 
 
 NUMBER 52. 
 
 Form for Notice of Hearing of Appeal. 
 
 [Section 1833.] 
 STATE OF IOWA, 
 
 .county. f ss ' 
 
 v. 
 DISTRICT TOWNSHIP pr 
 
 To ,....: 
 
 You are hereby notified t hat there is on file in this office a transcript of the proceed- 
 ings of the board of directors of the district township of 
 
 , , afra meeting held on the day of , 
 
 189.., in relation to (here describe the decision or order appealed from), from' 
 which appeal has been taken; and that the said appeal will be heard before me 
 
 at , in said county, on the day of 
 
 , 189. ., at o'clock m. 
 
 Dated at , 
 
 ., 189.. 
 
 County Superintendent. 
 
 NOTE. The appellant, the president, the secretary of the board, and other 
 parties known to be directly interested, should receive a copy of this notice. 
 
;!40 SCHOOL LAWS OF IOWA. 
 
 NUMBER 53. 
 
 t, 
 
 Form of Certificate to County Superintendent's Transcript. 
 [Sections 1832, 1835. J 
 
 I, , superintendent of . 
 
 county, Iowa, hereby certify that the foregoing is a correct and complete transcript 
 of the records of all proceedings had, evidence given, and papers tiled in my 
 
 office, and my rulings thereon; also of my decision in the case ...., 
 
 v 
 
 Dated at , 
 
 ., 189.. 
 
 County Superintendent. 
 
 NOTES, (a) The date of filing every paper should be indorsed thereon, also 
 in the case of motions, orders and rulings of the county superintendent. All oral 
 motions and an abstract of the testimony should be reduced to writing at the time 
 of trial. 
 
 (b) The transcript of the county superintendent will consis.t of a literal copy of 
 every paper filed and all indorsements thereon, together with a copy of all testi- 
 mony given, the whole arranged in chronological order, closing with the decision 
 of the county superintendent in full, with the above certificate annexed. 
 
INDEX TO FORMS. 
 
 NO. PAGE; 
 
 Proceedings of district township meeting 1* 105 
 
 Notice for annual meeting in subdistricts 2 106 
 
 Proceedings of annual subdistrict meeting 3 106 
 
 Certificate of election of subdirector 4 107 
 
 Certificate of tax voted by subdistrict meeting 5 10? 
 
 Proposals for the erection (or repair) of school-house 6 108 
 
 Contract for building school-house 7 108 
 
 Bond for performance of contract 8 109 
 
 Bond of president. . . ,' 9 110 
 
 Notice to publishers of school text-books 10 111 
 
 Bond of contractor 11 111 
 
 Petition for county uniformity 12 112 
 
 Certificate of appointment of school officers 13 113 
 
 Bond of secretary or treasurer 14 113 
 
 Certificate of election of officers of the board 15 114 
 
 Draft on county treasury 16 115 
 
 Order on district treasury 17 115 
 
 Lease of school-house site 18 116 
 
 Deed of school-house site 19 116 
 
 Order register of secretary and treasurer 20 117 
 
 Notice of district meeting. 21 118 
 
 Report of secretary 22 119 
 
 Treasurer's account with teachers' fund 23 121 
 
 Report of treasurer 24 121 
 
 Contract between subdirector and teacher 25 123 
 
 List heads of families and children, kept by subdirectors 26 123 
 
 Teacher's daily register of attendance 27 124 
 
 Teacher's term report to district secretary 28 125 
 
 Teacher's certificate 29 126 
 
 Monthly report of institute fund 30 127 
 
 Receipt of institute fund 31 128 
 
 Application for teachers' normal institute , 32 128 
 
 Report of registration fees, institute fund 33 129 
 
 Order on institute fund 34 130 
 
 Revocation of teacher's certificate 35 130 
 
 Certificate to supervisors of tax determined by board 36 131 
 
 Certificate to supervisors of tax voted by district township 37 131 
 
 Certificate of tax voted by a subdistrict, not granted by district 38 132 
 
 Notice from the county auditor, of semi-annual apportionment 39 132 
 
142 INDEX. 
 
 NO. PAGE 
 
 Certificate of election of county superintendent 40 133 
 
 Certificate of qualification of county superintendent 41 133 
 
 Notice from county treasurer of school tax collected 42 134 
 
 Notice permitting attendance from adjoining districts 43 134 
 
 .Application for appointment of appraisers of site 44 135 
 
 Appointment of appraisers of school-house site 45 135 
 
 ^Notice to owner of real estate of appointment of appraisers 46 136 
 
 Report of appraisement of property for school-house purposes 47 137 
 
 Notice of assessment of damages 48 137 
 
 Affidavit of appeal 49 138 
 
 Notice of appeal 50 138 
 
 Certificate to district secretary's transcript 51 139 
 
 Notice of hearing of appeal 52 139 
 
 Certificate to the county superintendent's transcript 53 140 
 
INDEX. 
 
 SEC. PAUE 
 
 ACCOUNTS 
 
 District treasurer shall keep 1747 47 
 
 County superintendent should keep 1769 62 
 
 County auditor shall keep 1781 69 
 
 Secretary shall keep 1782 69 
 
 County treasurer shall keep 1784 70 
 
 AFFIDAVIT See Appeals. 
 
 AGE- 
 
 Legal age of pupils 1727 26 
 
 For enumeration 1745 46 
 
 AGRICULTURAL COLLEGE AND FARM 
 
 Powers of board of trustees 1606 11 
 
 College year 1610 11 
 
 Duties of president 1611 12 
 
 Tuition free to three from each county 1619 12 
 
 Sale of liquors prohibited 1620 12 
 
 What shall be taught 1621 12 
 
 APPARATUS 
 
 Board of regents may purchase 1597 10 
 
 No debts shall be contracted to purchase 1729 32 
 
 Unappropriated contingent fund used to purchase 1729 32 
 
 APPEALS 
 
 Who may take, and when taken 1829 98 
 
 Affidavit, basis of 1830 98 
 
 Affidavit shall set forth errors. 1831 99 
 
 County superintendent to notify secretary . 1832 99 
 
 Secretary to send up transcript 1 832 99 
 
 Interested parties to be notified 1833 99 
 
 Testimony heard and decision rendered 1834 100 
 
 To the superintendent of public instruction 1835 100 
 
 Judgment for money not to.be rendered 1836 101 
 
 Postage paid by party taking appeal 1836 101 
 
 APPORTIONMENT See Semi-annual apportionment. 
 
 APPRAISERS See School-house site. 
 
 ASSETS AND LIABILITIES 
 
 Board shall decide 1715 17 
 
 Settlement made 1820 91 
 
 ATTENDANCE 
 
 In other districts 1793 72 
 
 By nonresidents 1794 74 
 
 In another subdistrict . . 1795 74 
 
14:4: INDEX. 
 
 SEC. PAGE 
 
 AUDITOR See County Auditor. 
 
 BARBED WIRE (Chap. 103, Laws of 1884) 
 
 Shall be removed from school grounds 1 41 
 
 Shall not be .used enclosing school grounds 2 41 
 
 Penalty for failure or neglect to remove o . . . . 3 41 
 
 BIBLE 
 
 Shall not be excluded from any school , 1764 57 
 
 No pupil required to read, contrary to parent's wishes 1764 57 
 
 BLIND PERSONS 
 
 Of school age, reported to county superintendent annually 1745 46 
 
 Must be reported annually to Iowa college for blind 1775 65 
 
 BOARD OF DIRECTORS 
 
 Continue to act when district is divided 1715 17 
 
 Divide assets and liabilities 1715 17 
 
 Choose arbitrators in case of disagreement 1715 17 
 
 Call special meeting of electors, when 1717 19 
 
 Consist of three subdirectors, when 1720 21 
 
 Consist of subdirectors of the several subdistricts 1721 . 21 
 
 Enter upon duties at regular meeting in March .1721 21 
 
 Organize by electing president from own number 1721 21 
 
 President simply entitled to vote as a member 1721 21 
 
 Elect secretary and treasurer at September meeting 1721 21 
 
 Secretary and treasurer chosen outside the board, when 1721 21 
 
 Secretary and treasurer have no vote, when 1721 21 
 
 Hold regular meetings in March and September 1722 22 
 
 Hold special meetings on call of president or request of board 1722 22 
 
 Hold meetings at any place in civil township 1722 22 
 
 Shall make contracts to execute vote of district 1723 23 
 
 Must consult superintendent before erecting school-house 1723 23 
 
 Proposals and contracts must be advertised for, when 1723 23 
 
 Require bond for performance of contract 1723 23 
 
 Choose site for school-house 1724 24 
 
 Determine number of schools, and duration 1724 24 
 
 Determine where pupils shall attend school 1725 25 
 
 Divide districts into subdistricts when necessary 1725 25 
 
 Create no district for less than fifteen pupils of school age 1725 25 
 
 May rent room and employ teacher for ten pupils 1725 25 
 
 May establish graded schools 1726 25 
 
 May select superintendent of schools of district 1726 25 
 
 One or more schools must be taught in each subdistrict 1727 26 
 
 Required to provide a school in each subdistrict 1727 26 
 
 Must provide for one or more schools, for at least six months 1727. 26 
 
 Released from obligation by county superintendent 1727 26 
 
 Not to change text-books oftener than once in three years 1728 27 
 
 Electors may authorize board to change text- books 1728 27 
 
 May buy books and sell at cost (Chap. 24, Laws of 1890) 1 27 
 
 Must take bond of president 1 27 
 
 Shall certify contingent fund to buy books 2 28 
 
 Shall advertise for bids 5 29 
 
 May not displace books under five years 6 29 
 
 Member of, may not act as agent 11 32 
 
INDEX. 145 
 
 SEC. PAGE 
 
 BOARD OF DIRECTORS CONTINUED 
 
 May use unappropriated contingent fund to buy apparatus, 1729 32 
 
 Shall contract no debts for apparatus 1729 33 
 
 May appoint temporary president and secretary 1730 33 
 
 Fill vacancy in the board or its officers .1730 33 
 
 Require secretary and treasurer to give bond 1731 34 
 
 Bonds to be filed with the president 1731 34 
 
 Examine accounts of treasurer and settle with him 1732 34 
 
 Present statement to district township meeting 1732 34 
 
 Audit and allow just claims 1733 34 
 
 Fix compensation of secretary and treasurer. , 1733 34 
 
 Draw no order until claim is audited and allowed 1733 34 
 
 Visit schools of their district, and aid teachers 1734 35 
 
 Assist in enforcing rules and regulations 1734 35 
 
 Discharge teacher after investigation 1734 35 
 
 May dismiss or suspend pupils 1735 37 
 
 May re-admit pupils after suspension 1735 37 
 
 Require secretary to certify election of school officers 1736 39 
 
 Make rules to govern subdirectors 1737 39 
 
 Majority of board a quorum 1738 39 
 
 Certify no tax after third Monday in May , ..1738 39 
 
 Majority vote required to change boundaries of subdistricts 1738 39 
 
 Members, except secretary and treasurer, receive no pay 1738 39 
 
 President of board, duties of 1739 43 
 
 President shall act as counsel in suits 1740 44 
 
 Secretary shall act as counsel in suits, when 1740 44 
 
 Counsel may be employed by board 1740 44 
 
 Proceedings of, to be recorded by secretary 1741 44 
 
 Secretary of board give notice of district township meeting 1742 45 
 
 Secretary of board shall keep accurate accounts 1743 45 
 
 Audit accounts presented by secretary 1743 45 
 
 Secretary to notify superintendent when schools begin 1744 46 
 
 Secretary must report to superintendent annually 1745 46 
 
 Secretary's report, what it shall consist of 1745 46 
 
 Penalty for failure to tile report 1746 47 
 
 Treasurer of, shall hold all moneys belonging to district 1747 47 
 
 Pay funds on order of president, ceuntersigned by secretary 1747 47 
 
 Keep account of moneys received and paid out. 1747 47 
 
 Keep separate account with each fund 1748 48 
 
 Pay no order which does not specify fund and object 1748 48 
 
 Make partial payments on orders 1748 48 
 
 Receive money apportioned to district 1749 49 
 
 Receive district school tax 1749 ' 49 
 
 Register orders on district treasurer 1750 49 
 
 May require statement from treasurer 1751 49 
 
 Limit subdirector in making contracts 1753 51 
 
 Responsible for township on contracts 1753 51 
 
 Must have languages taught, when 1763 57 
 
 County superintendent not to be a member of 1765 60 
 
 Estimate amount of teachers' and contingent funds 1777 66 
 
 Apportion school-house tax 1778 67 
 
 10 
 
146 INDEX. 
 
 SEC. PAGE 
 
 BOARD OF DIRECTORS CONTINUED 
 
 Satisfy judgment with order 1787 71 
 
 Must qualify on or before third Monday in March 1790 71 
 
 Have no jurisdiction over independent districts 1793 73 
 
 May admit pupils from adjoining districts 1793 72 
 
 May, with consent of county superintendent, admit pupils 1793 72 
 
 Notify board of adjoining district, when 1793 72 
 
 Fix terms of tuition, when , 1794 74 
 
 Divide district into subdistricts, and change boundaries 1796 74 
 
 Cause description of subdistricts to be recorded 1796 74 
 
 May consent to attach territory to adjoining township 1797 75 
 
 May restore territory 1798 76 
 
 Must restore territory, when 1798 76 
 
 Establish boundaries of contemplated independent district 1801 77 
 
 Give notice of election of directors 1802 77 
 
 May concur in change of boundaries 1809 84 
 
 Submit question of consolidated organization >1814 89 
 
 Make settlement under sections 1814-1819 1820 91 
 
 Shall deposit amount of appraisement 1827 96 
 
 Shall pay costs of appraisement 1827 96 
 
 Provide for payment of bonds (Chap. 132, Laws of 1878) 2 93 
 
 Shall cause trees to be set out, (Chap. 23, Laws of 1882) 1 40 
 
 May insure property (Chap. 149, Laws of 1882) 1 41 
 
 Must have effects of stimulants taught (Chap. 1, Laws of 1886) 2 42 
 
 May change boundaries, when (Chap. 62, Laws of 1888) 1 87 
 
 BOARD OF EXAMINERS See State Board of Examiners. 
 
 BOARD OF REGENTS 
 
 Governor president of 1587 9 
 
 Superintendent of public instruction member of 1587 9 
 
 One member from each congressional district 1587 9 
 
 Departments determined by 1589 
 
 May confer degrees 1589 9 
 
 Make laws to govern university 1596 9 
 
 Appoint president and professors. 1596 
 
 Fix salaries and tuition fees 1596 9 
 
 Remove officer when required 1596 
 
 Purchase library, apparatus, etc 1597 10 
 
 Report to superintendent of public instruction 1601 10 
 
 Report of, what it shall contain 1601 10 
 
 BOARD OF SUPERVISORS 
 
 May submit question of establishing county high School 1698 12 
 
 Appoint trustees of county high school 1699 13 
 
 Fill vacancies in trustees of county high school 1711 15 
 
 Allow compensation of trustees 1712 15 
 
 Pay tuition of children in poor-house (Chap. 166, Laws of 1878) 1 
 
 Levy tax to pay bonds, when (Chap. 132, Laws of 1880) 6 95 
 
 County superintendent not to be a member of 1765 60 
 
 Provide place for examination of teachers . 1766 60 
 
 May appropriate sum for normal institute 1769 62 
 
 May grant county superintendent additional compensation 1776 66 
 
 Levy taxes for school funds 1777 66 
 
INDEX. 147 
 
 SEC. PAGE 
 
 BOARD OF SUPERVISORS CONTINUED 
 
 Levy tax on subdistriet, when 1778 67 
 
 Levy county tax of from one to three mills 1779 68 
 
 Limits of taxes for school purposes 1780 68 
 
 Levy tax to pay money borrowed from school fund 1788 71 
 
 Shall not divide school district, when 179V ~" 76 
 
 Levy tax for independent district just organized 1804 79 
 
 Included in board of education (Chap. 24, Laws of 1890), 9 30 
 
 BONDS 
 
 Required for performance of contract 1723 23 
 
 Secretary and treasurer to give 1731 34 
 
 Hied with president 1731 34 
 
 Independent district may issue, for erection of school-house 1821 92 
 
 Hate of interest on 1821 92 
 
 Electors to vote on question of issue 1822 92 
 
 Denomination and time 1822 92 
 
 Treasurer to negotiate at par 1822 92 
 
 Principal and interest, how paid 1823 95 
 
 Trustees of county high school must give 1699 13 
 
 Treasurer of county high school give additional 1704 14 
 
 Treasurer of normal school must give (Chap. 129, Laws of 1876) 4 8 
 
 Trustees may require of other officers (i hap. 129, Laws of 1876). 4 8 
 
 Any district issue fur indebtedness (Chap. 132, Laws of 1878) 1 93 
 
 Form of, and other rt quire merits (Chap. 132, Laws of 1878) 1 93 
 
 Any district issue for indebtedness (Chap. 51, Laws of 1880) 1 93 
 
 Form of and other requirements (Chap. 51, Laws of 1880) 1 93 
 
 Board of independent district refund (Chapter 132, Laws of 1880).. . 1 94 
 
 Hate of interest and other conditions (Chap. 132, Laws of 1880) 1 94 
 
 Treasurer to sell (Chap. 132, Laws of 1880) 2 94 
 
 Time to run (Chap. 13^5, Laws of 1880) 3 94 
 
 Form and other requirements (Chap. 132, Laws of 1880) 4 95 
 
 Provisions for payment (Chap. 132, Laws of 1880) 6 95 
 
 President, gives for books and supplies (Chap. 24, Laws of 1890) 1 27 
 
 Publishers give (Chap. 24, Laws of 1890) 7 30 
 
 BOOKS See Text-Books. 
 
 BOUNDARIKS- 
 
 Uf subdistricts may be changed 1796 74 
 
 Plat tiled with count} officers 1796 74 
 
 Of independent di-trict may be changed 1809 84 
 
 Of independent districts, changed , 1814 89 
 
 Of independent districts, changed (Chap. 133, Laws of 1878) 1 93 
 
 Of independent districts, changed (Chap. 62, Laws of 1888) 1 87 
 
 BRANCHES OF SlUDY- 
 
 N anied by electors 1717 17 
 
 Detrmined by board 1726 25 
 
 Directed by elecl ors 1763 57 
 
 CERTIFICATES See Teachers. 
 
 CHARTS See Maps. 
 
 1V1L TOWNSHIP - 
 
 Each a school district 1713 16 
 
 Change in boundary lines 1799 76 
 
148 INDEX. 
 
 COMPENSATION 
 
 Of secretary and treasurer. . . . . . , .1733 34 
 
 Members of board may not have 1738 39> 
 
 Of teachers 1757 54 
 
 Of county superintendent 1776 66 
 
 Of appraisers of site .1827 96 
 
 CONDUCTOR OF INSTITUTE See Teacher's Normal Institute . 
 
 CONTINGENT FUND See Funds, 
 
 CONSOLIDATION OF DISTRICTS- 
 
 Independent districts may unite .1811 87 
 
 Subdistricts of township may unite ...... 1814 89 1 
 
 Independent districts may consolidate 1814 89 
 
 CONTRACTS 
 
 Board to make, to execute vote of district. 1723 23 
 
 Subdirector to make, under rules and restrictions 1753 51 
 
 When made by subdirector, must be approved by president 1753 51 
 
 Teachers' , must be in writing 1757 54 
 
 Secretary or subdirector and teacher to sign 1757 54 
 
 Approved by and filed with the president 1757 54 
 
 Copy also filed with secretary .1757 54 
 
 For text-books and supplies (Chap. 24, Laws of 1890) 7 30 
 
 CORPORATE NAME See Name. 
 
 COUNTY AUDITOR 
 
 Member county board of education (Chap. 24, Laws of 1890) 9 30 1 
 
 Superintendent to file statement with, of time employed 1776 66* 
 
 Make semi-annual apportionment 1781 69 
 
 Notify presidents of apportionment; issue warrants for same. 1782 69 
 
 Certify election and qualification of superintendent. . . . 1783 69 
 
 Forward certificate to auditor of state 1783 69 
 
 Deduct cost of tuition from semi-annual apportionment, when 1793 72 
 
 Record plat of districts 1796 74 
 
 COUNTY HIGH SCHOOLS- 
 
 Object of establishing , 1697 12! 
 
 County, with a population of 2,000 may establish 1697 12 
 
 Board of supervisors shall submit question of establishing 1698 12- 
 
 Votes for or against, how canvassed 1699 13 
 
 Board of supervisors appoint trustees 1699 IB 
 
 Bond and oath of trustees 1699 13 
 
 County superintendent, member of board 1699 13 
 
 When and how trustees are elected 1700 1$ 
 
 Terms of office of trustees .1700 13 
 
 County superintendent president of board 1701 13 
 
 Secretary and treasurer appointed from board 1701 . 13> 
 
 Trustees shall make estimate of funds needed 1702 13 
 
 Trustees shall present estimate to board of supervisors 1702 13 
 
 Tax not to exceed two mills and five mills 1702 13 
 
 Tax for, how levied and collected , . .1703 14 
 
 Tax to be paid to treasurer of county high school , . . ., 1703 14 
 
 Treasurer to give additional bond 1704 14 
 
 Duties of treasurer 1704 14 
 
 Secretary and treasurer to keep accurate account 1704 14 
 
INDEX. 149 
 
 SEC. PAGE 
 
 COUNTY HIGH SCHOOLS CONTINUED 
 
 Statement to be made, when , 1704 14 
 
 Board to select site for high school 1705 14 
 
 Site to be without expense to county 1705 14 
 
 Board to make purchases, contracts, etc 1705 14 
 
 Board to employ teachers ; 1706" ~14 
 
 ;Board to provide for payment of salaries 1706 14 
 
 Model schools to be encouraged 1706 14 
 
 Tuition free to residents of county 1707 14 
 
 Apportionment of pupils 1707 14 
 
 Pupils from other counties may be admitted 1707 14 
 
 Refractory pupils may be expelled 1709 15 
 
 Rules and regulations for, how made 1709 15 
 
 Trustees to make annual report to board of supervisors 1710 15 
 
 Copy of report sent to superintendent of public instruction 1710 15 
 
 Board of supervisors may fill vacancies 1711 15 
 
 Compensation of members of board of trustees 1712 15 
 
 COUNTY SUPERINTENDENT 
 
 Recommend plans for school-houses 1723 23 
 
 May release boards from obligation to have schools taught 1727 26 
 
 May require teacher to record matters designated 1734 35 
 
 Notified when school begins 1744 46 
 
 Receive annual report from secretary 1745 46 
 
 Receive annual report from treasurer 1751 49 
 
 Grant certificate to teach foreign languages 1763 57 
 
 Not to be a member or officer of board of directors. , 1765 60 
 
 Not to be a member or officer of board of supervisors 1765 60 
 
 JExarnine teachers last Saturday of each month 1766 60 
 
 Branches in which examination is made, specified 1766 60 
 
 May have assistant examiners 1766 60 
 
 May give certificate for special branches 1766 60 
 
 Must give certificate if examination is satisfactory 1767 61 
 
 Examinations must be public 1768 62 
 
 .Keep record of examinations 1768 62 
 
 Hold normal institute annually , 1769 62 
 
 With concurrence of state superintendent procure assistance 1769 62 
 
 .Require registration fee 1769 62 
 
 Require fee from every applicant for certificate 1769 62 
 
 Transmit moneys to county treasurer 1769 62 
 
 Make report to county treasurer 1769 62 
 
 Issue orders upon institute fund 1769 62 
 
 May appoint deputy, who cannot visit schools or try appeals 1770 64 
 
 May revoke certificate of teacher 1771 64 
 
 Give personal notice of investigation 1771 64 
 
 Make annual report to superintendent of public instruction 1772 64 
 
 File statement of number of youth with county auditor 1772 64 
 
 Penalty for failure to file report 1772 64 
 
 Conform to instructions of superintendent public instruction . .1774 65 
 
 Yisit schools on request of board of directors 1774 65 
 
 Report the blind, and deaf and dumb 1775 65 
 
 Compensation of 1776 66 
 
150 INDEX. 
 
 SEC. PAGE 
 
 COUNTY SUPERINTENDENT CONTINUED 
 
 File statement of time employed 1776 66 
 
 Attach territory to another township, when 1797 75 
 
 Appoint appraisers and give notice to owner of land 1<27 96 
 
 Notify secretary to file transcript 1832 99 
 
 Notify interested parties 1833 99 
 
 Hear testimony and decide appeal 1834 100 
 
 Make provisions for institutes 1584 7 
 
 Member of board of trustees county high school 1699 13 
 
 President board of trustees county high school 1701 1$ 
 
 Sex not a bar to the office (Chap. 136, Laws of 1876) 1 6ft 
 
 Member county board of education (Chap. 24, Laws of 1890) 9 30> 
 
 Chairman county board of education (Chap. 24, Laws of 1890) 10 32 
 
 Report list of books, with contract prices (Chap. 24, Laws of 1890). . 10 32 
 
 COUNTY TREASURER 
 
 Disburse institute fund on order of superintendent 1769 62- 
 
 Pay over all collected taxes on first Monday in April 1784 70* 
 
 Keep separate account with independent districts 1784 70 
 
 Render statement of uncollected taxes 1784 70- 
 
 Pay over taxes quarterly 1784 70- 
 
 Keep school-house taxes separate from subdistrict, when 1784 70- 
 
 Pay taxes collected, to independent districts monthly 1784 7$ 
 
 Notify presidents quarterly, of tax collected for each fund 1785 70 
 
 Pay taxes to district treasurers on warrants 1785 70 
 
 Pay treasurer of county high school taxes collected 1703 14 
 
 COLNSEL 
 
 When president of board of directors may appear as 1740 44 
 
 When president interested, secretary acts as 1740 44 
 
 When board of directors shall employ 1740 44 
 
 COURSE OF STUDY 
 
 Electors may add branches to , 1717 18 
 
 Board may provide 1726 25 
 
 Effects of stimulants must be included (Chap. 1, Laws of 1886) 1 42 
 
 Electors may direct German or other language taught 1763 57 
 
 DEAF AND DUMB PERSONS- 
 
 Of school age reported to county superintendent annually 1745 46 
 
 Must be reported annually to Iowa School for the Deaf 1775 46 
 
 DECISION 
 
 Of board may be appealed from 1829 98- 
 
 Of county superintendent final unless appealed from 1834 100 
 
 Of superintendent of public instruction final 1835 100- 
 
 DEPUTY SUPERINTENDENT 
 
 May be appointed 1770 64 
 
 DIPLOMAS See State Board of Examiners. 
 
 DIRECTOR See Subdireclors and Board of Directors. 
 
 DISMISSAL 
 
 Of teacher 1734 35 
 
 Of scholar in independent district 1735 37 
 
 Of scholar in subdistrict. . . . . .1756 53 
 
INDEX. 151 
 
 SEC. PAGE 
 
 DISTRICT TOWNSHIP 
 
 Each civil township a school district 1713 16 
 
 When left without officers, how supplied 1714 16 
 
 When divided, board act until next election 1715 17 
 
 Respective boards divide assets 1715 17 
 
 Arbitrators chosen in case of disagreement 1715- 17 
 
 Division of assets when independent districts are formed 1715 17 
 
 Corporate name , 1716 17 
 
 Hold annual meeting 1717 17 
 
 Dispose of property, authorize additional branches 1717 17 
 
 Obtain highways 1717 17 
 
 Transfer of school-house fund 1717 17 
 
 Hold special meeting when necessary 1717^ 19 
 
 Suit to be brought in name of 1731 34 
 
 Claims against, audited by the board 1733 34 
 
 Bring suit if secretary fails to make annual report 1746 47 
 
 Bring suit if treasurer fails to make annual report 1751 49 
 
 Liable for tuition in certain cases 1793 72 
 
 May be consolidated and organized as independent districts 1814 89 
 
 May be formed from independent districts 1815 90 
 
 DISTRICT TOWNSHIP MEETING 
 
 Held annually on the second Monday in March 1717 17 
 
 May appoint chairman and secretary 1717 17 
 
 Direct sale of district property 1717 17 
 
 Determine additional branches 1717 17 
 
 Delegate foregoing powers 1717 17 
 
 Vote tax for school-houses, sites, and libraries , 1717 17 
 
 Transfer surplus school-house funds 1717 17 
 
 Vote of, executed by board 1723 23 
 
 May authorize board to change text-books 1728 27 
 
 Statement to be presented at, by board 1732 34 
 
 Five notices, stating hour, posted by secretary 1742 45 
 
 Copy of notice furnished to teachers / 1742 45 
 
 May vote concerning control of school-house 1753 51 
 
 May vote that foreign languages be taught 1763 57 
 
 Vote tax to pay judgment and other liabilities 1787 71 
 
 Not to organize before 9A.M. nor adjourn before 12 M 1789 71 
 
 DISTRICT TREASURER- See Treasurer. 
 
 DIVISION OF INDEPENDENT DISTRICTS 
 
 By township line , 1799 76 
 
 Subdivision of independent district (Chap. 133, Laws of 1878) 1 84 
 
 DUTIES OF TEACHERS See Teachers. 
 
 EDUCATIONAL JOURNAL 
 
 Superintendent of public instruction may subscribe for 1581 6 
 
 ELECTION 
 
 Special for directors 1714 16 
 
 For subdirectors 1718 19 
 
 To form new city or town district 1801 77 
 
 For directors 1808 83 
 
 To form new districts. 1811 87 
 
 For voting bonds 1822 92 
 
152 INDEX. 
 
 ELECTION-CONTINUED 
 
 For establishing county high school 1698 12 
 
 Of trustees for county high school 1700 13 
 
 When house is destroyed 1717 19 
 
 On county uniformity of text-books (Chap. 24, Laws of 1890) 9 30 
 
 In independent district when house is destroyed 1807i 83 
 
 ELECTORS 
 
 Of district hold annual meeting 1717 17 
 
 Of subdistrict hold election 1718 19 
 
 May direct German or other language taught 1763 57 
 
 Vote on formation of independent city in district 1801 77 
 
 In independent district hold annual meeting 1807 79 
 
 Vote on subdivision of independentdistrict (Chap. 133, Laws of 1878) - 84 
 Vote on forming independent districts from subdistricts (Chap, 61, 
 
 Laws of 1888) _ 86 
 
 Vote on uniting independent districts 1811 87 
 
 Vote on consolidating independent districts 1814 90 
 
 Vote on return to subdistricts.. 1816 90 
 
 Of independent districts vote bonds 1822 92 
 
 ENGLISH LANGUAGE; 
 
 All schools shall be taught in 1763 57 
 
 ENUMERATION 
 
 Report of, made to auditor of state 1582 6 
 
 Reported by secretary 1745 46 
 
 Taken by subdirector 1754 53 
 
 Reported to secretary , . . . 1755 53 
 
 EXAMINATION 
 
 For state certificates or diplomas (Chap. 167, Laws of 1882) 58 
 
 By county superintendent 1766 60 
 
 Record of 1768 62 
 
 EXAMINERS, -STATti BOARD OF (Chap. 167, Laws of 1882). 
 
 Of whom shall it consist 1 58 
 
 When and where meet 2 58 
 
 Rules and records 2 58 
 
 Power of board 3 59 
 
 Branches to examine candidates upon 4 59 
 
 Certificate five years, diploma for life 5 59 
 
 Certificate or diploma may be revoked 6 59 
 
 Certificate or diploma must be registered 7 59 
 
 Compensation of members of board 8 60 
 
 Shall keep and publish accurate account annually 9 60 
 
 EXPULSION See Dismissal. 
 
 FEE 
 
 For state certificate (Chap. 167, Laws of 1882) 6 59 
 
 For state diploma (Chap. 167, Laws of 1882) 6 59 
 
 Paid by every one attending institute 1769 62 
 
 Paid by eveyy applicant for certificate . , 1769 62 
 
 FINES AND PENALTIES 
 
 Of district secretary, for failure to report 1746 47 
 
 Of district treasurer for failure to report 1751 49 
 
 Of county superintendent, for failure to report 1773 65 
 
INDEX. 153 
 
 SEC. PAGE 
 
 FINES AND PENALTIES CONTINUED 
 
 To whom they shall inure 1786 70 
 
 Suit brought in name of district, when 1786 70 
 
 Suit brought in name of county, when 1786 70 
 
 Suit brought by county attorney, when 1786 70 
 
 Added to fund next used .T788 70 
 
 For misapplication of money 1791 72 
 
 Of directors, for failure to make statement 1813 88 
 
 FORMATION OF INDEPENDENT DISTRICTS 
 
 Including city, town, or village 1800 76 
 
 By subdivision of independent district (Chap. 133, Laws of 1878) 84 
 
 From subdistricts of district township (Chap. 61, Laws of 1888) 86 
 
 By uniting 1811 87 
 
 By consolidation .1814 89 
 
 FORMS See the Index to the Forms. 
 
 FUEL 
 
 Contracted for under direction of board 1753 51 
 
 FUNDS 
 
 School-house, contingent, and teachers', defined 1748 48 
 
 Separate account with each, to be kept by treasurer 1748 48 
 
 Fund and object must be specified in order . .1748 48 
 
 Teachers', and contingent, amount for, estimated by board 1777 66 
 
 Amount levied for school-house fund not to exceed ten mills 1780 68 
 
 Amount for contingent fund, not to exceed $5 per scholar 1780 68 
 
 Amount of teachers' fund not to exceed $15 per scholar 1780 68 
 
 $75 may be levied for contingent fund, for each subdistrict 1780 68 
 
 $270 may be levied for teachers' fund, for each subdistrict 1780 68 
 
 Permanent, interest on, apportioned 1781 69 
 
 Secretary .to keep separate account with each 1782 69 
 
 FURNITURE See Funds. 
 
 GERMAN LANGUAGE 
 
 Electors may direct it taught as a branch 1763 57 
 
 GRADED SCHOOLS 
 
 May be established 1726 25 
 
 GENERAL PROVISIONS 
 
 School month defined 1761 56 
 
 Electors may vote that foreign languages be taught 1763 57 
 
 Schools must be taught in English 1763 57 
 
 Bible not to be excluded from schools 1764 57 
 
 Pupils not required to read Bible contrary to wish of parents 1764 57 
 
 HIGHWAYS 
 
 May be ordered by the electors 1717 17 
 
 INDEPENDENT DISTRICTS 
 
 Left without officers, trustees call election 1714 16 
 
 Assets and liabilities divided when boundaries are changed 1715 17 
 
 . Corporate name of 1716 17 
 
 Majority of board and president may dismiss pupils 1735 
 
 Tax for, county treasurer to pay over monthly 1784 70 
 
 Polls remain open from 12 m. to 7 p. m., when 1789 71 
 
 Polls to remain open from 9 a. m. to 4 p. m., when 178U 
 
 City, town or village of over 200 inhabitants may organize 1800 76 
 
154: INDEX. 
 
 INDEPENDENT DISTRICTS CONTINUED 
 
 Directors of district township to establish boundaries 1801 77 
 
 Electors to vote for or against separate organization .1801 77 
 
 Term of office of directors determined by lot 1802 77 
 
 Board to elect president 1802 77 
 
 Board to elect secretary and treasurer in September 1802 77 
 
 Board to consist of three members when , 1802 77 
 
 Treasurer of board may not be member 1802 77 
 
 President and secretary, judges at first election 1803 79 
 
 Organization must be complete before August 1st 1804 79 
 
 Taxes levied by district township to be void, when 1804 79 
 
 Board to levy taxes, when 1804 79 
 
 When formed from two or more townships, who give notice 1805 79 
 
 Governed bv laws for district townships, when applicable 1806 79- 
 
 Electors may vote tax for erection of school houses, etc 1807 79 
 
 Annual meeting of 1808 83 
 
 Election of officers 1808 83 
 
 Who are judges of election 1808 83 
 
 Boundaries between, and district township, changed how 1809 84 
 
 Abandoned, with concurrence of boards 1809 84 
 
 Board to set off territory when 1810 87 
 
 May consolidate 1811 87 
 
 May be formed from adjoining counties 1811 87 
 
 Territory incorporated town part of (Chap. 118, Laws 1882.) 1 86- 
 
 Boundaries changed, boards settle (Chap. 118, Laws 1882) 1 86 
 
 School in two counties formed into independent district 1812 88 
 
 Board make statement of receipts and disbursements 1813 88 
 
 Board publish statement, when 1813 88 
 
 Board post statement, when 1813 88 
 
 Board liable to penalty for failure to make statement 1813 88 
 
 District township'may become independent 1814 89 
 
 Independent districts may be constituted district township 1815 90 
 
 Election to be called 1816 90 
 
 Independent districts become subdistricts 1817 91 
 
 Elect subdirectors on first Monday in March 1818 91 
 
 Governed by laws for district townships 1819 91 
 
 New board to make settlement of assets and liabilities 1820 91 
 
 May borrow money by issuing bonds 1821 92 
 
 Board to submit question of issuing bonds to electors 1822 92 
 
 Board to issue bonds in accordance with vote of electors 1822 92 
 
 Bonds signed by president and attested by secretary. 1822 92 
 
 Denomination and time of bonds 122 92 
 
 Board vote tax to pay bonds if electors neglect 1823 95 
 
 Orders draw legal interest after presentation 1824 95 
 
 Board may provide for iudust, ial expositions (Chap. 64, 1874) 1 40 
 
 May bond to fund indebtedness ^Chap. 132, Laws of 187S) 1 93 
 
 May subdivide, or have territory detached (Chap, 133, 1878) 1 84 
 
 Of 15,000, have separate polling place's (Chap. 8, Laws of 1880) 1 80 
 
 Questions submitted decided bv ballot (Chap. 8, Laws of 1880) 2 80 
 
 Register of electors shall be prepared 3 81 
 
 Notice of election, how given (Chap. 8, Laws of 1880) 4 81 
 
INDEX. 155 
 
 SEC. PAGE 
 
 INDEPENDENT DISTRICTS CONTINUED 
 
 Board of, issue bonds to fund indebtedness (Chap. 133, 1880) 1 94 
 
 Levy of tax for payment of bonds, (Chap. 133, Laws of 1880) ,.. 6 95 
 
 May be formed, when (Chap. 62, Laws of 1888) 1 87 
 
 INDUSTRIAL EXPOSITIONS(Chap. 64, Laws of 1874) 
 
 Board provide for, in each school, if deemed expedient -h - 40- 
 
 Consist of what 2 40 
 
 Pupils to explain mode of manufacture or culture 3 40 
 
 Parents and friends may attend 4 40- 
 
 Ornamental work encouraged 5 40> 
 
 When and where held 6 40 
 
 INSTITUTES See Teachers' Normal Institute. 
 
 INSURANCE 
 
 All districts may effect (Chap. 149, Laws of 1882) . . , 1 41 
 
 No debts shall be contracted for (Chap. 149, Laws of 1882) 1 41 
 
 INTEREST 
 
 Six per cent paid after indorsement 1824 9& 
 
 JOINT DISTRICTS 
 
 On account of natural obstacles 1797 75- 
 
 Portion of, may be restored 1798 7$ 
 
 Between portions of two counties 1812 88 
 
 JUDGES OF ELECTION 
 
 Of subdistrict 1719 20 j 
 
 Of district township meeting 1717 17 
 
 To organize city independendent district 1803 79 
 
 Of annual meeting of independent district 1808 8 
 
 JUDGMENT 
 
 Against district, how paid 1787 71 
 
 Bonds issued to pay indebtedness (Chap. 132, Laws of 1878 1 9$ 
 
 Bonds issued to fund indebtedness (Chap. 51, Laws of 1880) 1 93 
 
 Bonds issued to fund indebtedness (Chap. 132, Laws of 1880) 1 94 
 
 LANGUAGE 
 
 German, or other foreign, when shall be taught 1763 57 
 
 Teacher of foreign must have certificate 1763 57" 
 
 Schools must be taught in English 1763 57 
 
 LAWS- 
 
 Relative to schools to be furnished 1579 5- 
 
 LIABILITIES See Assets and Liabilities. 
 
 LIBRARY- 
 
 Electors may vote to purchase 1717 17 
 
 Electors may vote to buy library and apparatus 1807 79 
 
 Number books in, reported 1583 6> 
 
 MAPS 
 
 May be purchased by board 1729 32* 
 
 MISCELLANEOUS- 
 
 Fines and penalties, disposition of 1786 70' 
 
 Judgment, how satisfied 1787 71 
 
 District township meeting vote tax to pay judgment 1787 71 
 
 Money borrowed from school fund, how paid 1788 71 
 
 Meeting not to organize before 9 a. m. nor adjourn before 12 m 1789 71 
 
 Polls remain open from 9 a. m. to 4 p. m., when 1789 71 
 
156 INDEX. 
 
 SEC. PAGE 
 
 MISCELLANEOUS-CONTINUED 
 
 Polls remain open from 12 m. to 7 p. m., when 1789 71 
 
 Director, or director elect may administer official oath 1790 71 
 
 Penalty for misapplication of money 1791 72 
 
 Township board no control over independent districts. . , . 1792 72 
 
 Children may attend school in adjoining districts, when 1793 72 
 
 Board to fix terms of attendance, when 1794 74 
 
 Pupils may attend school in another subdistrict 1795 74 
 
 Board may divide district township into subdistricts 1796 74 
 
 Plat showing changes in boundaries must be tiled 1796 74 
 
 Subdistrict boundaries conform to congressional lines 1796 74 
 
 Changes in boundaries take effect, when 1796 74 
 
 Superintendent may attach territory to another township 1797 75 
 
 Territory may be restored, how 1798 76 
 
 School district not to be divided, when 1799 76 
 
 MONTH 
 
 Of what school month consists 1761 56 
 
 NAME 
 
 Of school district 1716 17 
 
 Shall be given (Chap. 133, Laws of 1878) 4 84 
 
 May be changed (Chap. 133, Laws of 1878) 4 84 
 
 NONRESIDENTS 
 
 May attend in another district ' 1793 72 
 
 May attend school by paying tuition 1794 74 
 
 NORMAL INSTITUTE See Teachers 1 Normnl Institute. 
 
 NORMAL SCHOOL See State Normal School. 
 
 NOTICE 
 
 Of subdistrict meeting 1718 19 
 
 Of bids for text-books (Chap. 24, Laws of 1890) 5 29 
 
 Of annual meeting 1742 45 
 
 Of attendance in another district 1793 72 
 
 Of election to form city district 1801 77 
 
 OATH 
 
 Of officers and members, administered by president 1739 43 
 
 Director or directors elect, administer to director elect 1790 71 
 
 County superintendent may administer to witness. 1834 100 
 
 OFFICIAL BONDS See Bonds. 
 
 ORDERS 
 
 When drawn , 1733 34 
 
 How drawn 1739 43 
 
 Partial payment on 1748 48 
 
 May draw interest, when 1824 95 
 
 PARENTS 
 
 Names of, recorded by subdirector 1754 53 
 
 May have different residence from scholar 1794 74 
 
 PENALTIES See Fines and Penalties. 
 
 PETITION 
 
 For county uniformity of text-books (Chap. 24, Laws of 1890) 8 30 
 
 For city independent district 1801 77 
 
 To subdivide independent district (Chap. 133, Laws of 1878) 2 85 
 
INDEX. 15 t 
 
 SEC. PAGE; 
 
 PETITION CONTINUED 
 
 To form independent district from subdistrict (Chap. 61, Laws 
 
 of 1888) , 86. 
 
 To unite independent districts 1811 87 
 
 To consolidate independent districts 1814 89 1 
 
 To form district townships from independent districts . .181t> ~ 90 
 
 PHYSIOLOGY AND HYGIENE 
 
 And effects of stimulants taught (Chap. 1, Laws of 1886) 42* 
 
 Teachers examined upon (Chap. 1, Laws of 1886) 42~ 
 
 PLAT 
 
 Of subdistricts, filed with county auditor 1796 74- 
 
 PRESIDENT 
 
 Chosen from the subdirectors 1721 21 
 
 Call special meetings of board 1722 22 
 
 Care for and receive books and supplies (Chap. 24, Laws of 1890) 1 27 
 
 Temporary, may be appointed 1730 33- 
 
 Vacancy in office of, filled by board 1730 3$ 
 
 To file bonds of secretary and treasurer 1731 34 
 
 Bring suit on bond of secretary and treasurer, when 1731 34 
 
 Concur with majority in expelling pupils 1735 37 
 
 Preside at meetings of board and of district township 1739 4& 
 
 Draw drafts on county treasurer 1739 43 
 
 Sign orders on district treasurer 1739 4& 
 
 Sign all contracts made by board 1 739 43 
 
 Appear for district in suits 1740 44 
 
 Secretary appear, when 1740 44 
 
 Counsel may be employed 1740 44 
 
 Approved contracts of subdirectors 1753 51 
 
 Concur with subdirector in dismissing pupil 1756 53' 
 
 Approve and file teachers' contracts 1757 54 
 
 Sign warrant for semi-annual apportionment 1782 69 
 
 Certify to account for tuition filed with auditor 1793 72 
 
 Sign district bonds 1822 92 
 
 PUPILS 
 
 Attend school where, determined by board 1725 25 
 
 Fifteen, required for creation of subdistrict 1725 25 
 
 Teacher may be employed to teach ten 1725 25- 
 
 Legal age of 1727 26 
 
 Enumerated by subdirector 1755 53 
 
 Dismissed by subdirector and president 1756 53; 
 
 May be re-admitted 1756 53 
 
 Register of attendance, when kept separate 1759 56 
 
 Not required to read Bible contrary to wish of parent 1764 57 
 
 Attend school in adjoining district, when 1793 72 
 
 Temporarily sojourning, may attend school, on what terms 1794 74 
 
 Board to fix terms of attendance, when , 1794 74 
 
 May attend school in another subdistrict 1795 74 
 
 QUALIFICATION FOR OFFICE 
 
 President of board 1721 21 
 
 Secretary and treasurer 1721 21 
 
 Secretary and treasurer give bonds 1731 34 
 
15,8 INDEX. 
 
 QUALIFICATION FOR OFFICE CONTINUED - 
 
 President may administer oath to officers and members 1739 43 
 
 Subdirector qualifies on or before third Monday in March 1752 51 
 
 Director or Director elect may administer oath to director elect 1790 71 
 
 When city district is organized 1802 77 
 
 QUORUM 
 
 Majority of board constitute , 1738 39 
 
 RECEIPTS 
 
 And expenditures reported 1732 34 
 
 And disbursements published 1813 88 
 
 RECORDS 
 
 Secretary to keep 1741 44 
 
 REGENTS See Board of Regents. 
 REGISTER 
 
 Teacher to keep 1759 56 
 
 REGULATIONS 
 
 For control of school and teachers 1726 25 
 
 For government of subdirectors 1737 39 
 
 REPORTS 
 
 Copies of to be preserved by secretary 1741 44 
 
 Secretary to make annually 1745 46 
 
 Treasurer to make annually 1751 49 
 
 Subdirector to make to secretary 1755 53 
 
 Made to state superintendent by county superintendent 1772 64 
 
 Of blind, and deaf and dumb, by county superintendent 1775 65 
 
 Of interest on permanent school fund 1783 69 
 
 Superintendent of public instruction to governor , 1583 6 
 
 Board of normal school make to governor (Chap. 129, Laws 
 
 of 1876) 9 8 
 
 Board of regents make to superintendent of public instruction 1601 10 
 
 Board of agricultural college make to governor 1610 11 
 
 RESIDENCE 
 
 Of scholar determines right to attend school 1794 74 
 
 Site for school-house may not be condemned, when , ,.. .1826 96 
 
 RE VOCATION See Teacher's Certificate. 
 
 BOADS See Highways. 
 
 RULES AND REGULATIONS. 
 
 May be adopted to govern schools 1726 25 
 
 Subdirector may be restricted by 1737 39 
 
 -SALARIES See Compensation. 
 
 SALE OF PROPERTY 
 
 May be directed by electors of district township 1717 17 
 
 May be directed by electors of independent districts 1807 79 
 
 SCHOLARS See Pupils. 
 
 SCHOOL BOOKS See Text-books. 
 
 SCHOOL LAWS 
 
 To be furnished school officers 1579 5 
 
 To be given to successor 1791 72 
 
 SCHOOL MONTH- 
 
 Consists of what. . ..1761 56 
 
INDEX. 159 
 
 SEC. PAGE 
 
 SCHOOLS 
 
 Number of, determined by board 1724 24 
 
 Duration of, beyond legal period 1724 24 
 
 Graded, may be established 1726 25 
 
 One or more taught in each subdistrict 1727 26 
 
 Duration of 1 737 - 26 
 
 Superintendent may allow board to reduce the time 1727 26 
 
 Visited by board of directors 1734 35 
 
 Pupils may be expelled from 1735 37 
 
 Subdirector shall visit twice during each term ; 1756 53 
 
 Teacher of must have certificate 1758 55 
 
 School month defined 1761 56 
 
 Bible not to be excluded from 1764 57 
 
 Yisited by county superintendent 1774 65 
 
 May be attended by pupils from adjoining district, when 1793 72 
 
 SCHOOL DISTRICTS 
 
 Each civil township declared a school district . .1713 16 
 
 When without officers, how supplied 1714 16 
 
 If divided, board of directors act until next election 1715 17 
 
 Assets and liabilities to be equitably divided 1715 17 
 
 Disagreements to be settled by arbitrators , 1715 17 
 
 Assets divided when independent district is formed 1715 17 
 
 Every school district is a body corporate 1716 17 
 
 When school-house is destroyed, what to do 1717 19 
 
 SCHOOL-HOUSES 
 
 Plans for, recommended by county superintendent 1723 23 
 
 Built or repaired by contract if cost exceed $300 1723 23 
 
 Proposals to build, invited by advertisement 1723 23 
 
 Contracts let to the lowest possible bidder 1723 23 
 
 Site of, fixed by board 1724 24 
 
 Contracts for repairs made by subdirector 1753 51 
 
 Under control of subdirector unless otherwise ordered 1753 51 
 
 SCHOOL-HOUSE SITES 
 
 Lawful for district to take 1825 96 
 
 Not to exceed one acre without consent of owner 1825 96 
 
 Must be on highway 1826 96 
 
 Not within forty rods of residence, if owner objects 1826 96 
 
 County superintendent to appoint appraisers 1827 96 
 
 County superintendent to give notice to owner 1827 96 
 
 Appraisers to assess damages and make report 1827 96 
 
 Board to deposit money with the county treasurer 1827 96 
 
 Either party may appeal to district court 1827 96 
 
 Title acquired for school purposes only 1828 97 
 
 Growing timber shall not be injured or removed 1828 97 
 
 SCHOOL ORDERS 
 
 Not drawn until claim is audited 1733 34 
 
 Signed by the president 1739 43 
 
 Fund and object must be specified in 1739 43 
 
 K Secretary to countersign and register 1741 44 
 
 Transcript of, must be furnished to treasurer 1741 44 
 
 Must specify fund and purpose 1748 48 
 
160 INDEX. 
 
 SEC. PAGE 
 
 SCHOOL ORDERS CONTINUED 
 
 Treasurer to register 1750 4* 
 
 Given to satisfy judgment 1787 71 
 
 Draw lawful interest after presentation 1824 95 
 
 SCHOOL YEAR See Year. 
 
 SECRETARIES 
 
 Give notice of subdistrict election, when 1718 19> 
 
 Draw for absent member in case of a tie 1719 20 
 
 Elected on third Monday in September 1721 21 
 
 Qualify and enter^on duty within ten days 1721 21 
 
 Chosen from township at large, when 1721 21 
 
 Have no vote unless memberof board 1721 21 
 
 Temporary, may be appointed 1730 33 
 
 Vacancy in office of. filled by board 1730 33 
 
 Give bond 1731 34 
 
 Compensation of, fixed by board 1733 34 
 
 Report names of school officers to county officers. . '. 1736 39 
 
 Appear in suits, when 1740 44 
 
 Record all proceedings of board 1741 44 
 
 Preserve copies of all reports 1741 44 
 
 File all official papers *. . .1741 44 1 
 
 Countersign and register drafts and orders 1741 44 
 
 Furnish district treasurer with transcript of orders 1741 44 
 
 Post five notices of district township meeting 1742 45 
 
 Notices to state hour of meeting 1742 45 
 
 Present accounts to board to be audited 1743 45 
 
 Notify superintendent when each school begins 1744 46 
 
 Make annual report to county superintendent 1745 46 
 
 Penalty for failure of, to report 1746 47 
 
 Certify amounts for school funds 1777 66 
 
 Countersign warrants for semi-annual apportionment 1782 69 
 
 Debit and credit treasurer 1782 69 
 
 File account of tuition, when 1793 72 
 
 Deliver plat to county treasurer and auditor 1796 74 
 
 Record order of county superintendent and correct plat, when 1797 75 
 
 Chosen outside the board, when 1802 77 
 
 Act as judge of annual election 1808 83- 
 
 Draw for absent member, in case of tie vote 1808 83 
 
 Post notices of election 1811 
 
 Send up transcript 1832 99 
 
 SEMI-ANNUAL APPORTIONMENT 
 
 Taken into account in estimate of taxes 1777 66- 
 
 County auditor shall make 1781 69 
 
 SEX (Chap. 136, Laws of 1876.) 
 
 Not a test of eligibility to school offices 1 60 
 
 No person deprived of school office by reason of sex 2 60- 
 
 SPECIAL MEETINGS 
 
 When school-house -has been destroyed 1717^ 19 
 
 Of board 1722 
 
 When school-house has been destroyed 1807^ 83 
 
 Of electors to vote bonds . 1822 92 
 
INDEX. 
 
 STATE CERTIFlCATE-See State Board, etc. 
 
 STATE NORMAL SCHOOL- (Chap. 120, Laws of 1876.) 
 
 Object and location 1 'i 
 
 Controlled by board of directors 2 7 
 
 Vacancy in board filled by governor 2 7 
 
 Officers of the board and compensation . 3 ~~ 7 
 
 Officers to give bond 4 8 
 
 Teachers employed by board 5 8 
 
 Property and funds controlled by board . . / 5 8 
 
 Rules for management of school made 5 8 
 
 Provide for admission of teachers 5 8 
 
 Arrange for board of teachers 5 8 
 
 Require fee for contingent expenses 5 8 
 
 Session must continue twenty-six weeks 5 8 
 
 Board may charge tuition fee 5 8 
 
 Report made each year 9 8 
 
 STATE UNIVERSITY 
 
 Object and location of 1585 9 
 
 Course of study, where to commence 1585 9 
 
 Student not completed elementary branches not admitted 1585 9 
 
 No religious denomination to control 1586 9 
 
 Governed by board of regents 1587 9 
 
 Governor president of board 1587 9 
 
 Superintendent public instruction, member of board 1587 9 
 
 Regent elected from each congressional district 1587 9 
 
 Departments determined by board of regents 1589 9 
 
 Include collegiate, scientific, law, and other departments 1589 9 
 
 Board of regents may confer degrees 1596 9 
 
 Enact laws for government of university 1596 9 
 
 President, professors and tutors, how appointed 1596 9 
 
 Salaries of officers determined by the board 1596 9 
 
 Tuition fees fixed by the board 1596 9 
 
 Officer removed, when deemed necessary 1596 9 
 
 Library, apparatus, etc., purchased by board. . 1597 10 
 
 All specimens, collected by state geologist, to belong to 1598 10 
 
 President report to board of regents 1600 10- 
 
 Board report to superintendent of public instruction 1601 10 
 
 STUDIES See Course of Study. 
 
 SUBDIRECTORS 
 
 Special election of 1714 16 
 
 Elected first Monday in March 1718 19 
 
 Give notice of subdistrict election 1718 19 
 
 One, elected from the district at large, when 1720 21 
 
 Vacancy in office of, filled by board v 1730 33 
 
 Governed by rules made by board 1737 39 
 
 Elected for three years (Chap. 20, Laws of 1892) 2 50 
 
 Take oath .1752 51 
 
 Office vacant in case of failure to qualify or to elect 1752 51 
 
 Make contracts under restrictions of board 1753 51 
 
 Have control of school-house 1753 51 
 
 Contracts must be approved by president 1753 51 
 
 11 
 
162 INDEX. 
 
 SUBDIRECTORS CONTINUED 
 
 Take enumeration of children , 1754 
 
 Make annual report to secretary 1755 
 
 May dismiss pupils with concurrence of president 1756 
 
 Shall visit schools twice during each term 1756 
 
 Authorized to administer official oath 1790 
 
 Qualify on or before third Monday in March. 1790 
 
 When superseded deliver up books, etc 1791 
 
 Penalty for misapplication of money, etc 1791 
 
 May consent that pupils attend school in another subdistrict . .1795 
 
 Elected for new subdistrict, when 1796 
 
 No person ineligible by reason of sex (Chap. 136, Laws of 1376) 1 
 
 SUBDISTRICTS 
 
 Embracing whole district elect three subdirectors 1720- 
 
 If but two subdistricts in township, subdirectors chosen, how 1720 
 
 Board determine number of schools taught in each. 1724 
 
 One or more schools taught in each , 1727 
 
 Rule of taxation on, for school-house purposes 1778 
 
 Pupils may attend in another 1795 
 
 Plat of, to be made 1796 
 
 May be formed from independent districts 1817 
 
 Hold meeting to elect subdirector, on first Monday in March 1818 
 
 SUBDISTRICT BOUNDARIES 
 
 Vote of majority of board required to change 1738 
 
 Established and changed by board 1796 
 
 Conform to congressional lines 1796 
 
 Changes in, to take effect when 1797 
 
 SUBDISTRICT MEETING 
 
 Held annually, on the first Monday in March 1718 
 
 Five days' notice of, given by subdirector 1718 
 
 Three notices stating hour, posted 1718 
 
 Chairman and secretary act as judges of election 1719 
 
 Vote decided by lot, in case of a tie 1719 
 
 Three subdirectors elected, when 1720 
 
 One subdirector in each district, and one at large 1720 
 
 Judges of election canvass votes for subdirector at large 1720 
 
 Not to organize before 9 A. M., or adjourn before 12 M 1789 
 
 Held on first Monday in March 1818 
 
 SUITS 
 
 President appears for district in 1740 
 
 To collect penalty, how brought 1786 
 
 When publishers violate bond (Chap. 24, Laws of 1890) 4 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION ^ 
 
 Approve appointment of institute instructors 1769 
 
 May entertain appeals from county Superintendent 1835 
 
 Give thirty days' notice to county superintendent 1835 
 
 Like notice to adverse party 1835 
 
 Decision shall be final 1835 
 
 Shall not render judgment for money 1836 
 
 Receive no additional compensation for determining appeals 1836 
 
 May meet county superintendents in convention 1577 
 
INDEX. 163 
 
 SEC. PAGH 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION CONTINUED 
 
 Charged with supervision of schools and superintendents 1577 5 
 
 Attend teachers' institutes, when practicable 1577 5 
 
 Determine appeal cases < 1577 5 
 
 Render written opinion to school officers when asked 1577 5 
 
 Have office at seat of government 1578_ ' 5 
 
 File all papers, reports and documents 1578 5 
 
 Keep fair record of matters in office 1578 5 
 
 Publish and distribute school laws and amendments 1579 5- 
 
 Publish and distribute other necessary forms 1579 5 
 
 Subscribe for educational journal 1581 fr 
 
 Furnish copies of same to county superintendent 1581 6- 
 
 Publish decisions in educational journal 1581 6 
 
 Report number of children to auditor of state 1582 6 
 
 Report to governor of state 1583 6 
 
 Have report printed and presented to general assembly 1583 6- 
 
 Appoint teachers' institutes - 1584 7 
 
 Transmit appropriation to county superintendent 1584 7 
 
 Member of board of regents of state university 1587 9 
 
 Board of regents shall report to 1601 10 
 
 President board state normal school (Chap. 129, Laws of 1876). ... 2 7 
 
 President state board of examiners (Chap. 167, Laws of 1882) 1 58 
 
 SUSPENSION - 
 
 Of scholar in independent district 1735 3T 
 
 Of scholar in subdistrict 1756 53 
 
 TAXES- 
 
 Board not to certify after third Monday in May 1738 39 
 
 For teachers' and contingent funds determined by board , 1777 66 
 
 Certified by secretary to board of supervisors 1777 66 
 
 Board of supervisors to levy for school funds 1777 66 
 
 School-house, to be apportioned 1778 67 
 
 Excess levied upon subdistrict, when 1778 67 
 
 Fifteen mills may be levied, when 1778 67 
 
 One to three mills county tax to be levied 1779 6S 
 
 Receivable only in cash 1779 68 
 
 Limits of for school purposes 1780 6& 
 
 Paid to district township treasurer quarterly 1784 70 
 
 Paid to independent districts monthly 1784 70 
 
 Presidents of boards to be notified of tax collected 1785 70 
 
 Paid to district treasurers on warrants 1785 70 
 
 Levied by district townships, void, when 1804 79 
 
 All taxes determined by board of directors, when 1804 79 
 
 Determined before third Monday in August, when 1804 70 
 
 Certified before first Monday in September, when 1804 79 
 
 Board of supervisors levy for independent districts 1804 79 
 
 Of mills voted, when (Chap. 67, Laws of 1874) 1 80 
 
 Board to levy, to pay judgment (Chap. 132, Laws of 1878) 2 93 
 
 TEACHERS 
 
 Keep list of pupils showing attendance, etc 1734 35 
 
 May be discharged by board 1734 35 
 
 Subdirector or secretary makes contracts with 1757 54 
 
164: INDEX. 
 
 SEC. PAGS 
 
 TEACHERS CONTINUED 
 
 Contracts must be in writing 175? 54 
 
 President must approve and tile contract 1757 54 
 
 Not to be employed without certificate 1758 55 
 
 Keep daily register 1759 56 
 
 Keep separate register for nonresident pupils 1759 56 
 
 File certified copy of register with secretary 1760 56 
 
 Regular examination of, last Saturday in each month 1766 60 
 
 Satisfy county superintendent regarding moral character 1767 61 
 
 Certificate can not exceed one year 1767 61 
 
 Examination of, to be public 1768 62 
 
 Pay fee on application for examination 1769 62 
 
 Pay registration fee 1769 62 
 
 Certificate of, may be revoked. . . 1771 64 
 
 Shall have personal notice of charges preferred 1771 64 
 
 Of county high school, by whom selected 1706 14 
 
 TEACHERS' NORMAL INSTITUTE- 
 
 Aided by state appropriation ' 1584 7 
 
 Shall be held annually in each county 1769 62 
 
 Held when schools are generally closed 1769 62 
 
 One dollar registration fee 1769 62 
 
 Board of supervisors may assist 1769 62 
 
 No order drawn except for services or expenses 1769 62 
 
 TERM OF OFFICE 
 
 For ofiicers of board 1721 21 
 
 For subdirector (Chap. 20, Laws of 1892) 1 50 
 
 Of directors in independent districts 1802 77 
 
 TERRITORY 
 
 All organized, in some school district 1713 16 
 
 In two civil townships 1797 75 
 
 May be restored 1798 76 
 
 Contiguous, may be included in city district 1800 76 
 
 Detached to form independent district (Chap. 133, Laws of 1878) 1 84 
 
 TESTIMONY 
 
 In appeal trial 1834 100 
 
 TEXT-BOOKS 
 
 Board may adopt 1728 27 
 
 May be changed after three years 1728 27 
 
 Electors may authorize board to change sooner 1728 27 
 
 Board may adopt (Chap. 24, Laws of 1890) 1 27 
 
 Board may buy and sell (Chapter 24, Laws of 1890) 1 27 
 
 President shall care for (Chap. 24, Laws of 1890) 1 27 
 
 No debts contracted for (Chap. 24, Laws of 1890J 2 28 
 
 Must be bought by contract (Chap. 24, Laws of 1890) 5 29 
 
 Samples of, must be filed with county auditor (Chap. 24, Laws of 1890) 7 30 
 
 County uniformity of, provided for (Chap. 24, Laws of 1890) 8 30 
 
 County board of education (Chap. 24, Laws of 1890) 9 30 
 
 Cities and towns may adopt and buy (Chap. 24, Laws of 1890) 12 32 
 
 TIE VOTE 
 
 For subdirector determined by lot 1719 20 
 
 For director determined by lot 1808 83 
 
INDEX. 165 
 
 SEC. PAQB 
 
 TRANSCRIPT 
 
 Secretary notified to send, on appeal 1832 99 
 
 TREASURERS 
 
 Chosen outside of the board, when 1721 21 
 
 Have no vote unless member of board 1721 21 
 
 Vacancy in office of, filled by board ,^172Q _ 33 
 
 Give bonds 1731 34 
 
 Accounts of, examined by board '. . . 1732 34 
 
 Compensation of, fixed by board 1733 34 
 
 Hold all moneys belonging to district 1747 47 
 
 Pay funds on order of president; countersigned by secretary 1747 47 
 
 Keep account of moneys received and paid out 1747 47 
 
 Keep separate account with each fund 1748 48 
 
 Pay no order which does not specify fund and object 1748 48 
 
 Make partial payments on orders 1748 48 
 
 Receive money apportioned to district 1749 49 
 
 Receive district school tax 1749 49 
 
 Register orders 1750 49 
 
 Render statement of finances 1751 49 
 
 Make annual report to board of directors 1751 49 
 
 Make annual report to county superintendent 1751 49 
 
 Penalty for failure to report 1751 49 
 
 Draw semi-annual apportionment on warrant 1782 69 
 
 Receive moneys for district township quarterly 1784 70 
 
 Receive moneys for independent district monthly 1784 70 
 
 Chosen outside of board, in all independent districts 1802 77 
 
 Negotiate bonds 1822 92 
 
 Countersign bonds when negotiated 1822 92 
 
 Charged with bonds delivered to him 1822 92 
 
 Of county high school 1 701 13 
 
 Of county high school, duties of 1701 13 
 
 Of state normal school (Chap. 129, Laws of 1876) 3 7 
 
 Of state normal school, duties of (Chap. 129, Laws of 1876) 4 8 
 
 To sell bonds, when (Chap. 132, Laws of 1880) 2 94 
 
 Keep record of parties buying bonds (Chap. 132, Laws of 1880) 3 94 
 
 Charged with bonds delivered to him (Chap. 132, Laws of 1880) ... 5 95 
 
 TREES- 
 
 Number and condition of, reported annually 1745 46 
 
 Growing and standing, shall not be injured 1828 97 
 
 Board shall cause to be set out (Chap. 23, Laws of 1882) 1 40 
 
 Superintendent to notify boards (Chap. 23, Laws of 1882) 2 40 
 
 TRIAL 
 
 Of appeal 1834 100 
 
 TRUSTEES OF COUNTY HIGH SCHOOLS 
 
 Appointed by board of supervisors 1699 13 
 
 Qualification of 1699 13 
 
 Oath, and bond of 1699 13 
 
 County superintendent member of board of 1699 13 
 
 Divided into three classes 1700 13 
 
 Election of 1700 13 
 
 Terms of office ..1700 13 
 
166 INDEX. 
 
 BEG. PAGE 
 
 TRUSTEES OF COUNTY HIGH SCHOOLS CONTINUED 
 
 County superintendent president of board 1701 13 
 
 Secretary and treasurer appointed from board 1701 13 
 
 Estimate of funds needed, made by 1702 13 
 
 Shall present estimate to board of supervisors 1702 13 
 
 May require treasurer to give additional bond 1704 14 
 
 Shall select site for high school 1705 14 
 
 Make purchases, let contracts, etc 1705 14 
 
 Employ teachers, pay salaries 1706 14 
 
 Make rules regarding admission 1707 14 
 
 Determine tuition of pupils from other counties 1708 15 
 
 Approve of rules and regulations governing schools 1700 15 
 
 May expel refractory pupils 1709 15 
 
 Make annual report to board of supervisors 1710 15 
 
 Vacancies filled by board of supervisors 1711 15 
 
 Compensation of members 1712 15 
 
 TUITION 
 
 Of pupils from other districts, how paid 1793 72 
 
 Of nonresidents, fixed by board 1794 74 
 
 At county high school free, when 1707 14 
 
 Of scholars from other counties at county high school ' 1708 15 
 
 At state normal school (Chap, 129, Laws of 1876) 5 8 
 
 At agricultural college 1619 12 
 
 UNIVERSITY See State University. 
 
 VACANCY- 
 
 Filled by special election, when 1714 16 
 
 Filled by appointment, when '. 1730 33 
 
 Occurs in case of failure to qualify, or to elect 1752 51 
 
 VISITATION OF SCHOOLS 
 
 By board of directors 1734 35 
 
 By subdirector 1756 53 
 
 By county superintendent 1774 65 
 
 VOTERS See Electors. 
 
 WARRANTS See Orders. 
 
 WITNESSES See Appeal 
 
 WOMEN See Sex. 
 
 YEAR- 
 
 For school purposes 1727 2& 
 
 For financial report 1751 49 
 
 For levy of taxes 1777 6- 
 
 YOUTH See Enumeration and Pupils. 
 
SCHOOL LAW DECISIONS 
 
 IN 
 
 APPEAL CASES 
 
 BY THE 
 
 Superintendent of Public Instruction, 
 
 EDITION OF 1892. 
 
 COMPILED FOR THE USE OF SCHOOL OFFICERS 
 
 BY 
 
 J. B. Knoepfler, 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION 
 
 DES MOIJiES: 
 
 GEO. H. RAGSDALE, STATE PRINTER. 
 
 1892. 
 
PREFACE. 
 
 From the large number of appeal cases rendered since 1864, we have 
 selected those which appear to us as most likely to be of value to county 
 superintendents and district boards in the discharge of their official duties. 
 
 Every available means has been utilized to bring this compilation 
 into the best possible shape for general use. Here and there an addi- 
 tional syllabus haa been prefixed to a case. The index at the close o 
 the decisions has been extended materially by the addition of a larger 
 number of particulars. 
 
 Where an appeal decision is referred to without joining any reference 
 with the title to the case, such decision is to be found in the present 
 volume by consulting the table of cases. 
 
 We improve this opportunity to invite attention to a few important 
 matters too often overlooked. 
 
 Certain classes of cases may be determined only by the courts of law. 
 No appeal may be taken from an action of the electors. The title to an 
 office or the right to exercise the privileges of the office must be decided 
 in court. Writs and special orders must issue from a court. Where the 
 validity or the enforcement of a contract is the leading feature, a court 
 must hear the case. The validity of district organization may be deter- 
 mined by quo warranto but not by appeal. In the trial of an appeal, as 
 soon as it becomes clearly apparent that the principal issue is of a kind 
 intended by our statutes to be heard and determined only by the courts 
 of law, the appeal should be dismissed. 
 
 County superintendents should give great weight to acts of a board 
 purely discretionary in their nature. Unless such acts are plainly shown 
 
4 PREFACE. 
 
 in the testimony to be the result of manifest injustice or improper motives, 
 or in some other way an abuse of discretion, the action of the board should 1 
 be affirmed. The county superintendent is given the power to review an 
 action of the board to determine whether the official authority possessed 
 by the board was exercised in the manner intended by the law. If he 
 finds positive error, he is authorized to reverse the order complained of. 
 But the error must appear clearly. If compelled to reverse, the decision 
 should contain all the reasons for such a conclusion; and the portions of 
 the testimony relied upon in support of the finding, with the authorities 
 followed and governing, should be fully pointed out. 
 
 The same weight which county superintendents are required to accord 
 to discretionary acts of boards will be given by this department to the 
 discretion of county superintendents in granting, refusing, or revoking 
 certificates, and in granting or refusing to grant a rehearing in cases of 
 appeal. 
 
 When appeal is taken to this office, it is greatly to the advantage of 
 all concerned, for the county superintendent to take great care in pre- 
 paring the transcript. Each paper should be so marked as clearly to indi- 
 cate its character. The pages of the testimony should be numbered, and 
 the entire transcript fastened together. If the transcript can possibly be 
 put into type-written work, especially if the testimony is lengthy, a 
 great deal of valuable time will be saved to the reader, and the improved 
 appearance over written work will assist very much in arriving at the 
 merits of the case the more readily. The map, which is an essential part 
 of every case where boundaries or sites are in question, should not fail 
 to show all possible information of value to a clear understanding of the 
 particular case. A complete and accurate plat, agreed to by all parties 
 at the time of trial as being correct, often furnishes a key to the whole 
 situation. 
 
 One copy 'of this book is supplied to each district, to be kept in the 
 hands of the secretary and transmitted by him with the other records to 
 his successor 
 
PREFACE. 5 
 
 It is presumed that the following decisions correctly, construe the 
 present school law, and we think a careful and systematic study of them 
 will assist in the administration of school affairs and result in many cases 
 in answering inquiries likely to arise, besides sometimes entirely remov- 
 ing the necessity for an appeal. 
 
 J. B. KNOEPFLER, 
 
 DBS MOINES, July 1, 1892. Superintendent of Pullic Instruction. 
 
TABLE OF CASES. 
 
 A. 
 
 Albion, District Township of, Smith v 14 
 
 Amity, Independent District of, Darnell v 72 
 
 Arthur v. Independent District of Fairway 66 
 
 B. 
 
 Bacon v. District Township of Liberty : 57 
 
 Badger, District Township of, O'Connor v 108 
 
 Baker v. Independent District of Waukon 91 
 
 Bartlett v. District Township of Spencer 80 
 
 Beard v. District Township of Washington 47 
 
 Belmont, District Township of, Moorman v 37 
 
 Boomer, District Township of, Remington v 38 
 
 Boyer v. Independent District No. 2 96 
 
 Brighton, District Township of, Woods v 64 
 
 Britt, District Township of, Burdick v 133, 134 
 
 Brown v. District Township of Van Meter 59 
 
 Brown, District Township of, Gordon v 28 
 
 Brown v. District Township of Richland 13 
 
 Bunn v. District Township of Douglas 45 
 
 Burdick v. District Township of Britt 133, 134 
 
 Burlington, Independent District of, David v : 53 
 
 Burrington, Moody v 43 
 
 Buzzard v. Independent District of Liberty 67 
 
 0. 
 
 Caldwell v. Peebles 41 
 
 Cedar, District Township of, Miner v ." 35 
 
 Center, District Township of, Folsom v 105, 120 
 
 Center, Independent District of, Sheafe v 135 
 
 Charles City, Independent District of, Harwood v 49 
 
 Chester, District Township of, Hays v 62 
 
 Clarence, Independent District of, Tanner v 130 
 
 Coffin's Grove, District Township of, Smith v 20 
 
 Colburn v. District Township of Silver Lake 79 
 
 Corm ack v. District Township of Lincoln 76 
 
 Cous ins v. Independent District Township of Spirit Lake 95 
 
 Crawford, Walker v 115 
 
 Cur ry v. District Township of Franklin 27 
 
8 CONTENTS. 
 
 D. 
 
 Dallas, Independent District of, Goff v 137 
 
 Darnell v. Independent District of Amity 73 
 
 David v. Independent District of Burlington 53 
 
 Davis v. District Township of Linn 118 
 
 Davis v. District Township of Madison 40 
 
 Deck v. District Township of Eden 108 
 
 Des Moines, District Township of, Handersheldt v 83 
 
 Donald v. District Township of South Fork 73 
 
 Donelon v. District Township of Kniest 124 
 
 Dougherty v. Tracy 17 
 
 Douglas, District Township of, Bunn v , 45 
 
 Dunlavy v. Klinginsmith 71 
 
 E. 
 
 Eagle, District Township of, Reed y 132 
 
 Eden, District Township of, Deck v 103 
 
 Eden, District Township of, Kelley and Smith v 123 
 
 Edna Grove, Independent District of, v. Independent District of Edna 110 
 
 Edwards v. District Township of West Point 22 
 
 Eldon, Independent District of, Taylor v 46 
 
 Empire, Independent District of, Watkins v 120 
 
 Empire, Independent District of, Watkins, Richie v 129 
 
 Erin, District Township of, Meleney v , Ill 
 
 Exira, District Township of, Watson v 48 
 
 F. 
 
 Fairway, Independent District of, Arthur v 66 
 
 Fisher v. District Township of Tipton 86 
 
 Folsom v. District Township of Center. 105, 120 
 
 Forsythe v. Independent District of Kirkville. 139 
 
 Franklin, District Township of, Curry v 27 
 
 G. 
 
 Goff v. Independent District of Dallas 137 
 
 Gordon v. District Township of Brown 28 
 
 Gosting v. District Township of Lincoln 58 
 
 H. 
 
 Handersheldt v. District Township of Des Moines 82 
 
 Harlan Township, District No. 1 v. District No. 2 77 
 
 Harwood v. independent District of Charles City 49 
 
 Hays v. District Township of Chester 62 
 
 Heffern and Van Patter v. District Township of Tipton 128 
 
 Hodge v. Young 117 
 
 Hosington v. District Township of Union 99 
 
 Hoskins v. District Township of Lincoln 126 
 
 Hubbard v. District Township of Lime Creek 55 
 
 I. 
 
 Independence, District Township of, Klise v 113 
 
CONTENTS. 9 
 
 J. 
 
 Jacoby v. Independent District of Nodaway .................................. 75 
 
 Jasper, District Township of, Thompson v .................................... 03 
 
 Johnston v. District Township of Utica ................................... 100, 103 
 
 Kelley and Smith v. District Township of Eden .............................. 123 
 
 Kennon, Orme, v. Independent District of Nodaway No. 4 .................. . . 70 
 
 Keystone, Independent District of, Tompkins v ............................. 03 
 
 Kirkville, Independent District of, Forsythe v ................................ 13 L J 
 
 Klinginsmith, Dunlavy v ..................................................... 71 
 
 Klise v. District Township of Independence ........... ...................... -13 
 
 Kniest, District Township of, Donelon v ............................. . ....... 124 
 
 Koontz v. District Township of Liscomb ..................................... 89 
 
 L. 
 
 Lang v. District Township of Linn .......................................... Gl 
 
 Lester, District Township of, Sipple v ........................................ 31 
 
 Lewis v. District Township of Woolstock .................................... 94 
 
 Liberty, District Township of, Bacon v ...... . ......................... . ..... 57 
 
 Liberty, Independent District of, Buzzard v .......... . ...................... 67 
 
 Liberty, District Township of, Rook v ........ . ............................... 52 
 
 Lime Creek, District Township of, Hubbard v ............................... 55 
 
 Lincoln, District Township of, Cormack v ................................... 76 
 
 Lincoln, District Township of, Gostiug v .............. . ......... ............. 58 
 
 Lincoln, District Township of, Hoskins v .................................... 126 
 
 Lincoln, District Township of, Maxwell v ____ ................................ 122 
 
 Linn, District Township of, Davis v ......................................... 118 
 
 Linn, District Township of, Lang v ............. . ............................ 61 
 
 Liscomb, District Township of, Koontz v ............................. ....... . 89 
 
 Lodomillo, District Township of, Rankin v ......... . ......................... 78 
 
 M. 
 
 Madison, District Township of, Davis v .................. . .................. . 40 
 
 Maquoketa, District Township of, Smith v ................................... 25 
 
 Marshall v. District Township of Marshal) .................................... 90 
 
 Maxwell'v. District Township of Lincoln .................................... 122 
 
 Meleney v. District Township of Erin .......... . ............................. Ill 
 
 Miner v. District Township of Cedar ........ ............................... 35 
 
 Monroe, District Township of, Wilson v ..... ................................. 68 
 
 Moody v. Burrington ....................................................... 43 
 
 Moorman v. District Township of Beluiont ................................... 37 
 
 N. 
 
 Nodaway, Independent District No. 4, Kennon, Orme v ................ ...... 70 
 
 Nodaway, Independent District of, Jacoby v ................................ 75 
 
 No. 2, Independent District, Boyer v ......................................... 96 
 
 No. 7, Independent District, Webster v ...................................... 13$ 
 
10 CONTENTS. 
 
 O. 
 
 O'Connor v. District Township of Badger 108 
 
 P. 
 
 Park v. Independent District of Pleasant Grove 84 
 
 Peck v. District Township of Polk 39- 
 
 Peebles, Caldwell v 41 
 
 Pleasant Grove, Independent District of, Park v 84 
 
 Polk, District Township of, Peck v. 39 
 
 K. 
 
 Randall v. District Township of Vienna * 43. 
 
 Rankin v. District Township of Lodomillo 78 
 
 Reed v. District Township of Eagle 132 
 
 Reed v. District Township of Union , 54 
 
 Remington v. District Township of Boomer 38 
 
 Richland, District Township of, Brown v 13 
 
 Rook v. District Township of Liberty 52, 
 
 s. 
 
 Scheppele v. Independent District of Stone Hill 141 
 
 Sheafe v. Independent District of Center , 135 
 
 Silver Lake, District Township of, Colburn v 79 
 
 Sipple v. District Township of Lester 31 
 
 Smith v. District Township of Albion 14 
 
 Smith v. District Township of Coffin's Grove 20 
 
 Smith v. District Township of Maquoketa. 25 
 
 South Fork. District Township of, Donald v *. 73 
 
 Spencer, District Township of, Bartlett v 80 
 
 Spirit Lake, Independent District Township of, Cousins v. 95 
 
 Stone Hill, Independent District of, Scheppele v 141 
 
 T. 
 
 Tanner v. Independent District of Clarence 130 
 
 Taylor v. Independent District of Eldon 46 
 
 Thompson v. District Township of Jasper 63 
 
 Tipton, District Township of, Fisher v 86 
 
 Tipton, District Township of, Heffern and Van Patter v 128 
 
 Tompkins v. Independent District of Keystone 93 
 
 Tracy, Dougherty v 17 
 
 U. 
 
 Union, District Township of, Hosington v 99 
 
 Union, District Township of, Reed v 54 
 
 Utica, District Township of, Johnston v 100, 102. 
 
CONTENTS. 11 
 
 V, 
 
 Van Meter, District Township of, Brown v 59' 
 
 Vienna, District Township of, Randall v 4$ 
 
 w. 
 
 Walker v. Crawford 115 
 
 Washington, District Township of, Beard v 47 
 
 Watkins v. Independent District of Empire 120 
 
 Watkins, Richie v. Independent District of Empire 129 
 
 Watson v. District Township of Exira 48 
 
 Waukon, Independent District of, Baker v 91 
 
 Webster v. Independent District Number Seven 133 
 
 West Point, District Township of, Edwards v 22 
 
 Wilson v. District Township of Monroe 6& 
 
 Woods v. District Township of Brighton 64 
 
 Woolstock, District Township of, Lewis v 94 
 
 Y. 
 
 Young, Hodge v 11T 
 
SCHOOL LAW DECISIONS. 
 
 
 JANE BROWN v. DISTRICT TOWNSHIP OF HIGHLAND. 
 Appeal from Tama County. 
 
 1. SUBDISTRICT BOUNDARIES: Change of '. In changing subdistrict boundaries,, 
 both the present and the future welfare of the district township should be 
 considered. 
 
 2. SUBDISTRICT: Size of. It is better to have large subdistricts with good school- 
 houses well furnished, than small subiistricts with undersized and poorly 
 furnished school-houses. 
 
 The board of said district township at their regular meeting in Septem- 
 ber, 186i, changed the boundaries of certain subdistricts, whereby sub- 
 district number seven and a portion of subdistrict number one. were 
 attached to subdistrict number five. From this order of the board an 
 appeal was taken to the county superintendent, who after a full and fair 
 investigation of the case, sustained the action of the board. From his 
 decision an appeal is brought to the superintendent of public instruction. 
 
 It is not claimed that either the board or the county superintendent 
 committed errors in law or exceeded their jurisdiction. Everything 
 seems to have been done fairly and openly, and a final decision of the 
 case is asked for solely on the ground of equity and justice. Appellants 
 claim that subdistrict number seven has a good school of thirty-four 
 scholars, and that by the proposed change three-fourths of these will be 
 cut off from school privileges in consequence of their distance from the 
 proposed site of the new school-house. 
 
 But it is shown by testimony that by building a bridge across a certain 
 stream the distance will be diminished, so that all parties will be accom- 
 modated. There is no assurance in the record before us that the bridge 
 will be built this year or next. Meanwhile a large number of children 
 may be deprived of school. As a general rule it is better to have large 
 subdistricts with good school-houses well furnished, than to have small 
 subdistricts with small and poorly furnished school-houses. 
 
 We believe the board had in view the welfare of the whole district, as 
 did also the county superintendent in confirming their action, but we can 
 see no injustice in this case in allowing the subdistricts to remain another 
 year without change, or until the proposed bridge is built. The reason 
 for consolidating the subdistricts now will probably exist then, and the 
 occasion for complaint will then be removed. 
 
 In this view of the case we feel compelled to reverse the decision of 
 
 the county superintendent. 
 
 KEVERSED. 
 
 OEAN FAYILLE, 
 
 March 1, 1865. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 
 
 . 
 
 SARAH E. SMITH v. DISTRICT TOWNSHIP OF ALBION. 
 
 Appeal from Howard County. 
 
 1. TEACHEKS: Eight of, to inflict punishment upon their pupils. A school-master 
 who stands in loco parentis may, in proper cases, inflict moderate and reason- 
 able chastisement. The law confides to teachers a discretionary power in the 
 infliction of punishment upon their pupils, and will not hold them responsible 
 criminally, unless the- punishment be such as to occasion permanent injury to 
 the child, or be inflicted merely to gratify their own evil passions. 
 
 "2. : . The teacher is responsible for the discipline of his school, and 
 
 for the progress and deportment of his scholars. It is his imperative duty to 
 maintain good order and require of all a faithful performance of their duties. 
 If he fails to do so he is unfit for his position. To enable him to discharge 
 these duties effectually, he must necessarily have the pow r er to enforce prompt 
 obedience to his requests. For this reason the law gives him the power, in 
 proper cases, to inflict corporal punishment upon refractory scholars. 
 
 The record in this case shows that the plaintiff, Sarah E. Smith, 
 entered into a contract with the subdirector of subdistrict number two in 
 said district township, to teach a school for four months, commencing 
 on the 19th of December, 1864. That she commenced her school 
 accordingly and taught until the 30th of January, 1865. That on the 
 29th of January she was notified to meet the board to answer to the 
 charge of undue severity in chastising one of her pupils; that she 
 attended the meeting of the board and made her defense, but the board 
 decided to expel her from her school, paying her for the time she had 
 taught. From this action of the board she appealed to the county 
 superintendent, who reversed the order of the board, and from the 
 decision of the county superintendent an appeal is brought to the super- 
 intendent of public instruction. 
 
 It is claimed on the part of the board that the county superintendent 
 had no jurisdiction, and that he erred in entertaining the appeal and 
 reversing the order of the board; but having gone to trial before the 
 oounty superintendent, and having submitted the case, after making 
 their defense they cannot now plead want of jurisdiction. 
 
 The testimony shows that the pupil, a boy of some twelve years of age, 
 did not like the seat assigned him by the teacher, and asked permission 
 to go out, which was given; that he started toward home; that the 
 teacher called to him to come back, threatening to punish him if he dis- 
 obeyed; that he went home and remained out of school about a week; 
 that at the close of the school on the day he returned the teacher 
 reminded him of the punishment threatened, and proceeded to administer 
 

 SCHOOL LAW DECISIONS. 15 
 
 It, striking him over the shoulders and back with a whip furnished by 
 one of the pupils; that the boy resisted, striking back, snatching away 
 the whip and using bad language; that the teacher obtained another 
 whip, a willow switch, and administered several strokes with it, some of 
 which were across his head and face, in consequence of which one of the 
 boy's eyes was apparently injured. An older brother of the boy then 
 interfered, and the "affray ended". 
 
 It does not appear that the teacher punished hastily or in anger, or 
 that it would have been too severe, or improperly administered, had the 
 boy not resisted. It is doubtful whether the resistance "justified the 
 teacher in striking the boy across the head and thereby causing an injury, 
 fortunately temporary, to one of his eyes. The county superintendent 
 regarded this as accidental, and as no permanent injury was sustained, 
 justified the teacher. 
 
 Much has been written during the last twenty-five years in regard to 
 the proper means to be used for maintaining the authority of the teacher 
 over the pupils. We can remember when the whip was applied very 
 frequently and very severely, when the pupil obeyed from fear of pun- 
 ishment, and not from any sense of duty or of respect for authority. 
 Since that time there has been a great change; appeals to reason, to a 
 sense of duty and to right have been successfully used by the most com- 
 petent teachers. In many schools the rod is excluded, and yet ready and 
 cheerful obedience is secured from the pupil. We wish such a result 
 nould be reached in all the schools; that the teacher could inspire the 
 pupils with such a love for order, for good government and for rightful 
 authority; with such a love for right doing and such a hate for wrong 
 doing, that it would only be necessary to point out the path of duty instead 
 of the command to walk in it. While family government and the public 
 sentiment of some communities may render such a course possible, the 
 want of family government and the loose reins given to " Young America" 
 in many communities require strong and physical force to hold in sub- 
 jection unsubdued nature. 
 
 All admit that the teacher must maintain authority, and for that pur 
 pose he is sustained by the highest authorities in inflicting moderate 
 punishment. In Kent's Commentaries, 9th edition, volume 2, page 222, 
 is the following: "A school-master who stands in loco par entis, may in 
 proper cases inflict moderate and reasonable chastisement." 
 
 In Wharton's American Criminal Law, 5th edition, volume 1, page 
 669, is the following: "The law confides to school-masters and teachers 
 a discretionary power in the infliction of punishment upon their pupils, 
 and will not hold them responsible criminally, unless the punishment be 
 such as to occasion permanent injury to the child, or be inflicted merely 
 
16 SCHOOL LAW DECISIONS. 
 
 to gratify their own evil passions." State v. Pendergrass, 2 Dev. & 
 Bat., 407. 
 
 "On the trial of an indictment of a school-master for an assault on a. 
 pupil the judge refused to instruct the jury that the defendant was crim- 
 inally liable for punishing a pupil only when he acted malo animo, from 
 vindictive feeling, passion, or ill-will, or inflicted more punishment than 
 was necessary to secure obedience, and not for error of opinion or judg- 
 ment, provided he was governed by an honest purpose to promote 
 discipline and the highest welfare of the school, and the best interests of 
 the child; and instructed them that in inflicting corporal punishment a 
 teacher must exercise reasonable judgment and discretion, and be gov- 
 erned as to the mode and severity of the punishment by the nature of 
 the offense, the age, size, and apparent powers of endurance of the 
 pupil." Commonwealth v. Randall, 4 Gray (Mass.), 36. 
 
 "If there is any reasonable doubt that the punishment was excessive 
 the master should have the benefit of it." Lander v. Seaver, 32 Yt. (3- 
 Shaw), 114. 
 
 We add the following as having some bearing on this case: "Though 
 a school-master has in general no right to punish a pupil for misconduct 
 committed after the dismissal of a school for 'the day, and the return of 
 the pupil to his home, yet he may, on the pupil's return to school, 
 punish him for any misbehavior, though committed out of school, which 
 has a direct and immediate tendency to injure the school and to subvert 
 the master's authority." Lander v. Seaver, supra. 
 
 Many other authorities might be cited establishing the authority of 
 the teacher to inflict punishment necessary for securing obedience to- 
 reasonable rules. As it is not shown in this case that the rules were 
 unreasonable or the punishment severe (the teacher must have the 
 benefit of the doubt in regard to the manner of punishing), the decision 
 
 of the county superintendent is 
 
 AFFIRMED. 
 
 ORAN FAYILLE, 
 
 April 22, 1865. Superintendent of Public Instruction*. 
 
SCHOOL LAW DECISIONS. 17 
 
 MARIA L. DOUGHERTY v. L. D. TRACY, COUNTY SUPERINTENDENT. 
 Appeal from Grundy County. 
 
 1. REVOCATION OF TEACHER'S CERTIFICATE. The order of a county superintend- 
 ent revoking a certificate will not be interfered with on appeal unless it ap- 
 pears that he acted from passion or prejudice. 
 
 2. . Opinions unsupported by facts cannot be received as satisfactory evi- 
 dence of prejudice. 
 
 April 1, 1867, L. D. Tracy, superintendent of common schools for the 
 county of Grundy, revoked the certificate of Maria L. Dougherty, a 
 teacher of said county, on the alleged ground of incompetency to prop- 
 erly govern and control a school. A notice of revocation made out in 
 proper form, was duly served upon the secretaries of the several district 
 townships. The plaintiff appealed to the superintendent of public in- 
 struction, who by circular of May 15, 1867, directed that the case should 
 be heard by the county superintendent. Such hearing took place June 
 7, 1867- During the examination twenty- three persons, patrons and 
 pupils, testified to the good order of the school, and the general good 
 character and reputation of the plaintiff as a teacher. Fourteen persons 
 made affidavit that they believed plaintiff's certificate was revoked from 
 personal prejudice. 
 
 One witness called by the defense testified that the school was not 
 governed as well as it might have been; that he several times heard 
 cursing and swearing on the school grounds at noon and recess. Three 
 persons testified that they did not believe the superintendent revoked 
 plaintiff's certificate from prejudice or passion. Nineteen persons certi- 
 fied that they believed Mr. Tracy to be a competent and impartial officer, 
 and free from any malicious administration. 
 
 The county superintendent, disregarding the weight of evidence in 
 regard to the plaintiff's qualifications, affirmed his previous decision 
 revoking plaintiff's certificate, and certified that the act was done without 
 prejudice or passion toward the plaintiff, and that he was impelled to 
 that conviction, which was the result of personal observation and 
 knowledge that plaintiff was incompetent to govern a school properly. 
 From that decision the plaintiff appeals. 
 
 If this case could be determined by the weight of evidence in regard 
 the plaintiff's ability to govern a school properly the decision would 
 > in plaintiff's favor. But there are other elements for consideration. 
 ie county superintendent is clothed with large discretionary powers. 
 
 2 
 
18 SCHOOL LAW DECISIONS. 
 
 So great has this discretion been regarded that it has been held by 
 previous incumbents of the office of superintendent of public instruction 
 that the refusal to grant a teacher's certificate or the revocation of such 
 certificate by a county superintendent was an act so wholly discretionary 
 that it was not subject to revision. The circular of May 15, 1867, 
 from this department, maintaining the right of appeal in such cases was 
 not intended to curtail the discretionary power of county superintendents, 
 but to point out a way in which its abuse might be corrected. 
 
 In the absence of special statutory provisions in regard to the manner 
 of hearing appeals, it is presumed that general principles are applicable. 
 It may not be amiss at this time to enunciate some general principles 
 which will be observed in the adjudication of this and similar cases. 
 
 I. The discretion of a county superintendent in refusing or revoking 
 a teacher's certificate will not be interfered with by the superintendent 
 of public instruction unless it is clearly shown that the county superin- 
 tendent in such act violated the law in letter or spirit, or was influenced 
 by passion or prejudice. This position is believed to be correct in the 
 light of both principle and public policy. The general rule is, u the 
 supreme court will not interfere with the decisions of the district court in 
 cases where the latter has a discretionary power, unless it is fully 
 apparent that such power has been abused." Numerous cases might be 
 cited in support of this rule, but such citations are deemed unnecessary. 
 The county superintendent is presumed to be selected from among his 
 fellow citizens on account of his ability to exercise a sound discretion in 
 the discharge of the important duties of his office. He is bound by a 
 solemn oath to discharge his trusts with fidelity. He is on the ground 
 and has a personal knowledge of the circumstances. He can judge of 
 the educational requirements of hie county better than another person 
 scores of miles distant. In his examination of teachers and in his visits 
 to their schools he can judge of the teacher's comparative and actual 
 merit and ability better than those who have less extended opportunities 
 for observation. He is responsible to his constituents for the manner in 
 which his duties are performed. His official acts may be reviewed and 
 modified or annulled by the superintendent of public instruction. 
 Frequent interference with the discretion of county superintendents 
 would tend to bring their authority into contempt, and unsettle the 
 foundations of our school system. While, then, the right to review an 
 abuse* of discretion is reserved, and the right to reverse an illegal 
 decision maintained, the discretion of county superintendents will not be 
 interfered with unless such interference is necessary to secure justice or 
 vindicate law. 
 
 II. The proof of the violation of law, or of the influence of passion 
 or prejudice in the performance of official duty must be clear and con- 
 
SCHOOL LAW DECISIONS. 19 
 
 vincing. Mere opinion, unsupported by facts, is insufficient to estab- 
 lish the allegation of passion or prejudice. "As a general rule, wit- 
 nesses, unless experts, should state facts, not opinions." Whitmore v. 
 Bowman, 4 G. Greene, 148. ' 'Except when given by experts, evidence 
 of mere opinion is not competent, unless upon some controlling ground 
 of necessity: resulting from the nature of the inquiry." Dalzell v. City 
 of Davenport, 12 Iowa, 437; Danfwth, Dennis < Co. v. Carter <& May, 
 4: Iowa, 230. In the light of these principles, which are believed to be 
 correct and proper, conclusions may be readily formed. 
 
 The rulings of the county superintendent on the admission of evidence 
 have no material effect on the final decision of the case, hence the 
 exceptions of the plaintiff thereto are passed over. 
 
 The revocation of a teachers certificate is adjudged to be an act of 
 discretion on the part of the county superintendent, which will not be 
 interfered with, without satisfactory proof of illegality or of prejudice. 
 
 In this case, while the weight of testimony is favorable to plaintiff's 
 qualification, and opinion is conflicting in regard to prejudice, there is 
 not a single fact adduced in the testimony upon which the theory of 
 prejudice can be based. On the other hand the county superintendent 
 headed a subscription to pay plaintiff's board, and was the first to pay 
 said subscription. During the term he told the subdirector that the 
 plaintiff must be sustained in her government of the school at all hazards; 
 and these facts indicate the absence of prejudice. The mere opinion of 
 witnesses, unsupported by facts, cannot be received as satisfactory evi- 
 dence of prejudice. 
 
 Some embarrassment is experienced in this case from the circumstance 
 that the plaintiff belongs to that gentler sex to which we are all educated 
 to do homage, and the idea is largely prevalent that they are not amen- 
 able to law in an equal degree with the opposite sex; but having a high 
 regard for the rights of women, we dare not pervert law even to shield 
 them from its operation. We are therefore compelled to affirm the 
 decision of the county superintendent. 
 
 AFFIRMED. 
 D. FKANKLIN WELLS, 
 
 October 1, 1867. Superintendent of Public Instruction^ 
 
20 SCHOOL LAW DECISIONS. 
 
 BENJAMIN SMITH v. DISTRICT TOWNSHIP OF COFFIN'S GROVE. 
 Appeal from Delaware County. 
 
 1. PROCEEDINGS. In the absence of proof to the contrary, the legal presumption 
 is that the proceedings before the county superintendent were entirely regular. 
 
 2. EXPLANATORY NOTES : Force of. Notes to the school law, while proper aids 
 to school officers, have not the binding force of law, and a non-compliance with 
 them is not necessarily a violation of law. 
 
 On the petition of the electors of subdistrict number one, the board 
 located the site of a proposed new school-house " just east of the burying 
 ground, on the right hand side of the road, adjoining the corner of Mr. 
 Brook's field." From this action plaintiff appealed to the county super- 
 intendent on the 25th of March, by whom the case was heard April 19, 
 1867. On the 13th of June the county superintendent issued an order 
 relocating the site three-quarters of a mile further south, and at or near 
 the center of the subdistrict. From this order an appeal is taken. 
 
 The appellants claim a reversal of the county superintendent's decision 
 on the ground: That the county superintendent had no jurisdiction in 
 the matter; that the county superintendent erred in not taking the 
 depositions of witnesses in writing and having the same signed and 
 sworn to by the witnesses; that the county superintendent erred in not 
 making up his record at the trial; and, on the merits of the case. 
 
 The denial of the county superintendent's jurisdiction is based on the 
 fact that the original affidavit does not state that the appeal was taken 
 within thirty days of the action of the board complained of, and refer- 
 ence is made to page 57 of " explanatory notes," in which it is stated 
 that this fact should appear, though there is no such specific require- 
 ments in "An act to provide for appeals." The question naturally 
 arises as to the legal force of these ''explanatory notes." Have they 
 the effect of statutory provisions, or otherwise? While the right of 
 every tribunal to establish rules and regulations not inconsistent with 
 law,, must be admitted, these "explanatory notes" made by the superin- 
 tendent of public instruction are not legal enactments, nor " rules and 
 regulations," and so far from being mandatory in their character are 
 merely advisory and directory, and intended for the assistance and 
 guidance of school officers. They are a commentary on the school law; 
 and as they are replete with good common-sense suggestions, their 
 observance will render the administration of the school law more 
 accurate and satisfactory; but a non-compliance with them is not neces- 
 sarily a violation of law. 
 
SCHOOL LAW DECISIONS. 21 
 
 It must be admitted that an affidavit which does not state the date of 
 the decision or act complained of is very carelessly drawn, and a super- 
 intendent might be justified in refusing to entertain it; but if it be 
 entertained, it is still competent for the opposite party to show that the 
 thirty days allowed by law had expired previous to the filing -of -the 
 affidavit, and thus secure the dismissal of the case. The law gives the 
 superintendent jurisdiction within thirty days, and the state superintend- 
 ent could not by any rule or regulation annul the statutory provisions. 
 It is not even claimed by appellants that the time for taking appeal had 
 expired, and the date of petitions submitted to the board indicates that it 
 had not expired. In the absence of proof to the contrary, the legal pre- 
 sumption is that the proceedings before the county superintendent were 
 entirely regular, and therefore the jurisdiction of the superintendent 
 must be sustained. 
 
 The second and third errors assigned by appellants are also based on 
 ''explanatory notes" instead of upon the law, and cannot be sustained 
 for reasons previously given. While there were things in the manage- 
 ment of this case from which we must withhold our commendation; as 
 there seems to have been a substantial compliance with the law, we do 
 not feel justified in dismissing it without an examination of its merits. 
 
 The county superintendent gave due notice of the hearing in writing 
 to all the electors of the subdistrict. On the day of hearing several 
 persons appeared, but no "evidence on either side was offered," except 
 the original affidavit of Benjamin Smith. The record of the county 
 superintendent goes on to say: "But to satisfy myself in regard to the 
 number of inhabitants that would be accommodated best by the site 
 remaining where it is at present located by said board," Nelson Bly, 
 James McBride and Harry Baker were sworn. "Nelson Bly stated that 
 about thirty families lived in said sufrdistrict, and that only about one- 
 third would be accommodated by the site remaining where it is at present 
 located by said board. James McBride corroborated the statements made 
 by Nelson Bly." After Henry Baker was sworn "so much confusion and 
 controversy arose" that it was found i 'almost impossible to preserve order, " 
 and the superintendent "proceeded to view the different sites." 
 
 Among the papers sent up by the district secretary were two petitions 
 to the board, one signed by fifteen persons asking that the site should 
 be located "at or near the corner of Mr. Brook's field;" the other signed 
 by twenty-three persons, asking that the site be "established as near as 
 practicable in the center of the subdistrict." 
 
 In view of the facts before us we cannot do otherwise than sustain the 
 
 county superintendent, whose decision is 
 
 AFFIRMED. 
 
 D. FKANKLIN WELLS, 
 
 December 16, 1867. ^Superintendent of Public Instruction. 
 
22 SCHOOL LAW DECISIONS. 
 
 JOSEPH F. EDWARDS et cd. v. DISTRICT TOWNSHIP OF WEST POINT. 
 Appeal from Lee County. 
 
 1. APPEAL. The right of appeal is not limited to cases of personal grievance, 
 
 2. DISCRETIONARY ACTS. The county superintendent having only appellate juris- 
 diction, should not reverse discretionary acts of the board, without explicit 
 and clearly stated proof of the abuse of such discretion, even though not fully 
 approving their action. 
 
 3. SUBDISTRICT BOUNDARIES: Change of. The acts of a board changing sub- 
 district boundaries and locating school-houses are so far discretionary that 
 they should be affirmed on appeal, unless it is shown that there has been an 
 abuse of discretion. 
 
 4. .APPEAL DECISION: Essentials of. When the order of a board is reversed, the 
 
 portions of the testimony relied upon should be pointed out and clear and 
 convincing reasons should be given in support of the conclusion reached. 
 
 September 16, 1867, the board of the district township of West Point 
 transferred one hundred and twenty acres of land belonging to one Tim- 
 othy Allen, from subdistrict number one to subdistrict number three. 
 From this alteration of subdistrict boundaries, Joseph F. Edwards et aL 
 appealed to the county superintendent, by whom the order of the board 
 was reversed. From this decision of the county superintendent Tim- 
 othy Allen appeals. 
 
 It is not claimed that the board exceeded their powers in changing 
 boundary lines, or in any respect violated law. While equality among 
 the several subdistricts, in area, population, and taxable property, is in 
 some respects desirable, it is not required by law, and in fact is imprac- 
 ticable. The claim in the argument of appellees that the action of the 
 board was necessarily wrong, because it had the effect to increase the 
 inequality in some or all of these respects, is not well founded. It is an 
 element which should receive proper consideration, but it will not always 
 exercise a controlling influence. 
 
 Mr. Nourse, in his argument for appellant, claims that "no right of 
 appeal existed in the plaintiffs who took the case to the county superin- 
 tendent;" hence, the county superintendent was without jurisdiction. 
 He claims that to entitle a person to the right of appeal the grievance 
 must be of a personal character, one that affects the rights or interests of 
 the individual as distinguished from the public. In support of this view 
 he refers to the following decisions by our supreme court: Humphrey v. 
 Ball, 4 G. Greene, 204; Myers v. Simms, 4 Iowa, 500; McCune v. 
 Swafford, 5 Iowa, 552; Lippencott v. Allander, 23 Iowa, 536. In all of 
 
SCHOOL LAW DECISIONS. 23 
 
 these cases it is held that there is no appeal from the county court or the 
 board of supervisors, unless the grievance is of a personal or individual 
 character as distinguished from the public; and hence by analogy it is 
 claimed that there is no appeal from the board of school directors unless 
 the grievance is of a like character. If the right of appeal in the two 
 cases was derived from the same statute, the decisions cited above would 
 be conclusive. But these decisions are based upon section 267, Kevision 
 of 1860, in which the right of appeal is limited to "any matter affecting 
 the rights or interests of individuals as distinguished from the public, 7 ' 
 etc.; while appeals to county superintendents are based on section 2133, 
 Revision of 1860, which provides that "any person aggrieved by any 
 decision or order of the district board of directors in matter of law or 
 fact," may appeal, etc. As section 2133 does not limit the right of 
 appeal in cases of personal grievance, the decisions cited have no appli- 
 cation in the case under consideration. 
 
 The important point upon which the issue in this case must turn remains 
 to be stated. The meeting at which the change of subdistrict boundaries 
 was made was attended by six of the eight members of the board, and 
 after a full discussion of the proposed change and an examination of 
 plats of the district, the change was made by unanimous vote, and sub- 
 sequently approved by one of the absent members. The remaining 
 subdirector, who resides in the subdistrict from which the territory was 
 taken, opposes the change. It is not claimed that the law was violated 
 in the change, but only that the educational interests of the district were 
 impaired. 
 
 The question is not so much one of law as of sound judgment and 
 discretion. The change was approved by seven of the eight members 
 of the board, who reside in different parts of the township, six of whom 
 at least are absolutely without personal interest in the matter. It is 
 opposed by one whose pecuniary interests are contingently adversely 
 affected. The county superintendent opposes his judgment to the judg- 
 ment of the board. What, in such a case, is the duty of the ultimate 
 tribunal ? 
 
 The superintendent of public instruction has, as in duty bound, an 
 earnest desire to sustain the acts and decisions of county superintendents.* 
 The legal presumption is always in favor of the correctness of official 
 acts and decisions. While the state superintendent applies this princi- 
 ple to county superintendents, it is equally incumbent upon them to 
 apply it to the decisions or orders of district boards of directors. It not 
 unfrequently happens that county superintendents decide appeal cases 
 upon their own judgment and discretion as if they had original, instead 
 of appellate jurisdiction; and fail to give that consideration to the dis- 
 cretion of district boards, which the above principle requires. 
 
24: SCHOOL LAW DECISIONS. 
 
 The law prescribing the duties of boards of directors is, in some respects, 
 mandatory, requiring that certain specific duties shall be performed in a 
 particular manner. In other cases, the board acts as a local legislature, 
 and its action as discretion aty. Among these discretionary powers, 
 though not including all of them, are the establishment and change of 
 subdistrict boundaries, and the location of school-houses. It has been 
 doubted by some whether an appeal to the county superintendent, from 
 acts of the board wholly discretionary, would lie. While the right of 
 appeal in such cases is maintained, the real character should not be lost 
 sight of ; and the action of the board within the limits of the law should 
 not be reversed unless it is evident that it acted with passion, prejudice, 
 or manifest injustice. It is a general principle in law that the exercise 
 of discretionary power will not be interfered with unless it is fully appa- 
 rent that such power has been abused. For further remarks on discre- 
 tionary power and the manner of proving its abuse, reference is made to 
 the case of Dougherty v. Tracy, county superintendent. 
 
 In changing the subdistrict boundaries, and locating school-houses, 
 the law gives the board of directors original jurisdiction, and as it is 
 discretionary power the action of the board should be affirmed on appeal, 
 unless it is fully apparent by the evidence that the board violated law or 
 abused its discretion. If there is reasonable doubt the board is entitled 
 to its benefit. The action of the board may not be wholly approved by the 
 judgment of the county superintendent, but if it be not illegal or clearly 
 unjust it should be sustained. When, however, county superintendents 
 feel called upon to reverse decisions of school boards, they should give 
 a clear and explicit statement of their reasons for so doing, that the 
 superintendent of public instruction may be the better enabled to judge 
 of the soundness of their conclusions. 
 
 These general remarks have been made with a view to guide county 
 superintendents in their decisions, as well as to indicate some of the 
 principles which will be observed by the superintendent of public 
 instruction in the adjudication of similar cases. 
 
 In the particular case under consideration, the board of directors, with 
 unusual unanimity, performed a discretionary act. It is not claimed that 
 this act was illegal or the board was influenced by improper motives. 
 It is not satisfactorily proven that the act was unjust. In our opinion, 
 the evidence does not sustain the county superintendent in annulling the 
 order of the board, and his decision is therefore 
 
 REVERSED. 
 D. FBANKLIN WELLS, 
 
 February 15, 1868. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 25 
 
 
 
 JAMES C. SMITH v. DISTRICT TOWNSHIP OF MAQUOKETA. 
 Appeal from Jackson County. 
 
 1. TRIAL OF APPEAL. Mere technical objections should not prevent the fullest 
 presentation of the merits of the case, in the trial of an appeal. 
 
 2. AFFIDAVIT. The affidavit may be amended when such action is not prejudicial 
 to the rights of any party interested. 
 
 3. COUNTY SUPERINTENDENT. May upon appeal create subdistrict. 
 
 At the regular semi-annual meeting of the board of the district township 
 of Maquoketa in September, 1867, Jacob Markle and twenty-seven others 
 presented a petition asking that all of that portion of subdistrict number 
 five lying south of the Maquoketa river, be set off into a separate subdis- 
 trict. The prayer of the petition was refused, whereupon James C. Smith, 
 one of the petitioners, appealed to the county superintendent, who reversed 
 the action of the board and created a new subdistrict south of the river. 
 From this decision D. F. Farr and E. H. Patterson appealed. 
 
 The evidence discloses the following facts: Subdistrict number five is 
 divided by the Maquoketa river into two nearly equal portions, the 
 school-house being situated on the north side of the river. Said river is 
 a navigable stream, the only means of crossing it being the ice in winter 
 and a ferry in summer. It is subject to freshets, and obstructions from 
 ice, so as to be impassable for days in succession. The weight of evi- 
 dence shows the river to be such an obstruction that children cannot, 
 with reasonable facility, enjoy the advantages of a school on the opposite 
 side from that on which they reside. That this difficulty was recognized 
 by the board is evidenced by the fact that an appropriation of forty 
 dollars was made last summer to support a school in that part of the 
 subdistrict south of the river. Some children have never attended 
 school north of the river, because their parents consider the crossing of 
 the river fraught with danger. 
 
 The appellant assigns three errors: The insufficiency of the affidavit 
 of J. C. Smith, and the consequent want of jurisdiction by the county 
 superintendent; that the county superintendent permitted said affidavit 
 to be amended on the day of trial, thus admitting its insufficiency; that 
 the county superintendent divided said subdistrict number five into two 
 subdistricts. 
 
 The system of appeals to county superintendents was inaugurated to 
 provide a speedy and inexpensive method of adjusting difficulties aris- 
 ing in the administration of school laws. From the fact that many of 
 
26 SCHOOL LAW DECISIONS. 
 
 the cases arising are prosecuted by the parties interested without the 
 intervention or assistance of lawyers, no very stringent rules of practice 
 have been adopted. The object of this system of appeals is to promote 
 uniformity in the operation of school laws, and the attainment of sub- 
 stantial justice ; and this object should not be defeated by technical 
 objections. 
 
 While the affidavit of said Smith was not as full as it is customary to 
 make such papers, it yet had such completeness as enabled the county 
 superintendent to obtain a transcript of the proceedings of the board 
 relating to the alleged grievance ; and the ruling of the county superin- 
 tendent on the first two points is sustained. It is neither intimated nor 
 believed that the irregularities complained of prejudiced the interests of 
 appellants. 
 
 The law imposes equal burdens upon all property in the township for 
 contributions to the teachers' fund and the contingent fund, and it con- 
 templates that all the youth of the state shall enjoy as nearly as prac- 
 ticable equal educational facilities. The county superintendent, by 
 his appellate jurisdiction, had power to create the new subdistrict. As 
 by the evidence, the youth south of the river could not with reasonable 
 facility enjoy the advantages of a school on the north side, the county 
 superintendent was justified in interfering with the discretionary powers 
 of the board, and in establishing a new subdistrict south of the river. 
 
 AFFIRMED. 
 D. FHANKLIN WELLS, 
 
 February 15, 1868. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 27 
 
 S. L. CURRY v. DISTRICT TOWNSHIP OF FRANKLIN. 
 Appeal from Decatur County. 
 
 1. COUNTY SUPERINTENDENT. Has no jurisdiction of an appeal until an affidavit 
 is filed. 
 
 2. AFFIDAVIT. An affidavit is a statement in writing, signed and made upon 
 oath before an authorized magistrate. 
 
 3. NOTICE. The county superintendent should not issue notice of final hearing 
 until both the affidavit and the transcript of the district secretary have been 
 filed in his office. 
 
 4. TESTIMONY. Unless obviously immaterial, testimony offered should be admit- 
 ted and given such weight as it merits. 
 
 5. DISCRETIONARY ACTS. May be reversed on appeal, but should not be dis- 
 turbed except upon evidence of unjust exercise or abuse. 
 
 December 16, 1867, at a special meeting of the board, a vote to change 
 the boundaries of subdistricts so as to form a new subdistrict in accord- 
 ance with the prayer of petitioners, resulted in a tie. From this virtual 
 refusal to act, S. L. Curry appealed to the county superintendent, who 
 on the 31st of the same month formed a new subdistrict. Appellant 
 alleges in his affidavit that the county superintendent assumed jurisdic- 
 tion of this case without warrant of law; that there never was u at any 
 time an affidavit or any other statement in said appeal case filed in the 
 office" of the county superintendent; hence the want of jurisdiction. 
 
 The "act to provide for appeals," section two, provides that "The basis 
 of proceeding shall be an affidavit, filed by the party aggrieved, with the 
 county superintendent, within the time allowed for taking the appeal." 
 An affidavit is a statement in writing, signed and made upon oath before 
 an authorized magistrate. A county superintendent can have no proper 
 jurisdiction of an appeal case until such affidavit has been filed. A notice 
 of intention to file an affidavit, a verbal complaint, or a petition, is not 
 sufficient to give the county superintendent jurisdiction in appeal cases. 
 The affidavit setting forth "the errors complained of in a plain and concise 
 manner," must be in his hands before he is justified in commencing pro- 
 ceedings. The decision of the superintendent recites that the affidavit 
 was filed December 21, which might be taken as conclusive, if it was not 
 contradicted by the record. The transcript shows that said affidavit was 
 not subscribed and sworn to until December 28, hence we do not clearly 
 see how it could have been filed on the 21st. 
 
 December 21, four days before the affidavit was made, and which appel- 
 lant alleges was never filed with the superintendent, said superintendent 
 
28 SCHOOL LAW DECISIONS. 
 
 gave notice to the parties that the hearing would take place on the 30th. 
 This proceeding, as an appeal case, was entirely unauthorized by law; and 
 .as he commenced proceedings in disregard of the plain provisions of law 
 and without legal jurisdiction, his decision is annulled. It may be said, 
 and not without authority, that as both parties responded to the notice, 
 and came before the superintendent, that he thereby acquired jurisdiction; 
 but we feel unwilling to sanction disregard of law by approving such 
 great irregularities. 
 
 Without touching the real merits of the question at issue, the forma- 
 tion of a new subdistrict, which we are willing to leave to the local 
 authorities, we refer briefly to three points of law raised by appellants: 
 
 The county superintendent should not issue notice of final hearing 
 until both the affidavit and the transcript of the district secretary have 
 been filed in his office. 
 
 Though the change of subdistrict boundaries by the board is a discre- 
 tionary act, it may be reviewed by the county superintendent, on appeal; 
 but the decision of the board should not be disturbed unless said discre- 
 tionary power has been abused or exercised unjustly. 
 
 The county superintendent should have received the remonstrances 
 offered on trial in evidence, and exercised his judgment as to their weight 
 and value. 
 
 REVERSED. 
 D. FKANKLIN WELLS, 
 
 March 26, 1868. /Superintendent of Public Instruction. 
 
 C. S. GORDON v. DISTRICT TOWNSHIP OF BROWN. 
 Appeal from Linn County. 
 
 .1. DISTRICT TOWNSHIP. Should not ordinarily contain more than nine sub- 
 districts. 
 
 2. COUNTY SUPERINTENDENT. Should not reverse an action of the board which 
 is in accordance with instructions of the superintendent of public instruction. 
 
 3. RECORDS. The official record is its own best evidence. Testimony intended 
 to contradict the record should not be admitted. 
 
 4. SUBDISTRICT: Size of. There are very many serious objections to the forma- 
 tion of small subdistricts. 
 
 The board of the district township of Brown, at a meeting held Feb- 
 ruary 8, 1868, and attended by all of the members of the board except 
 one, voted unanimously to redistrict the district township, and to relocate 
 school-house sites in accordance with a decision of the superintendent of 
 
SCHOOL LAW DECISIONS. 29 
 
 public instruction, rendered January 28, 1868, and in accordance with a 
 plat submitted. From the action of the board in this matter C. S. Gor- 
 don appealed to the superintendent, by whom the case was heard March 
 12, 1868, and whose decision, rendered the following day, reversed the 
 action of the board on the ground of alleged non-compliance with the 
 decision of the superintendent of public instruction, as rendered on the 
 said January 28, 1868, in Gordon v. District TowmJiip of Brown. 
 
 The decision of the superintendent of public instruction above referred 
 to, was provisory. It declared that if the board should promptly make- 
 certain changes therein indicated, that the decision of the county super- 
 intendent, made November 12, 1867, forming a new subdistrict, should 
 be void; otherwise, in full force and effect. It required that school-house 
 sites should be selected "at or near" certain points named; thus giving" 
 the board limited discretion in their location, and full discretion in regard 
 to the boundaries of subdistricts. In one instance, a site was selected 
 about one-fourth of a mile from the point indicated; but as the plat showed 
 that it was at the crossing of two roads, and that it was nearer the center 
 of the subdistrict as established by the board, this variation was approved. 
 The other sites selected by the board did not vary from the points indicated 
 in the decision. The changes made by the board on the said eighth day 
 of February, were submitted to the superintendent of public instruction, 
 who, March 3, gave them his official sanction and approval. 
 
 Mr. Gordon's appeal was based principally upon the fact that one of 
 the sites, as explained above, was not at the precise point indicated by the 
 decision of the superintendent of public instruction; and hence, as the 
 board had not strictly complied with the proviso of said decision, the 
 decision of the county superintendent, made November 12, 1867, estab- 
 lishing a new subdistrict, was in full force and effect, and should have 
 been regarded by the board. 
 
 In support of its action the board offered in evidence the official ap- 
 proval of the superintendent of public instruction; this, however, wa& 
 ruled out by the county superintendent, on the alleged ground that it was 
 "exparte testimony" obtained by one party after the inauguration of the 
 appeal, without notice to the other party. In this ruling the county super- 
 intendent erred. The decision of the superintendent of public instruction 
 being provisory, it was competent for him to confirm the subsequent action 
 of the board in relation thereto, and to determine whether the location of 
 sites made was, under the circumstances, a sufficient compliance with the 
 decision. The phrase "at or near" implied that there might be a variation 
 from the precise point named, and when this variation was officially ap- 
 proved, it was binding upon the county superintendent. 
 
 The provisory decision of January 28, permitted the board to exercise 
 all the discretionary power in redistricting which the law confers. From 
 
30 SCHOOL LAW DECISIONS. 
 
 their exercise of this power, also, the plaintiff appeals. The record shows 
 that there are now ten sub districts in Brown district township; but the 
 plaintiff wishes another formed which shall contain only one and one-fourth 
 sections. In our opinion there are serious objections to the formation of 
 small subdistricts. The small number of children and small amount of 
 taxable property which they will usually contain, will insure but a feeble 
 support for the schools. Cheap teachers, short terms of school, and poor 
 schools will inevitably result. Not every man can have a public school 
 in his own immediate neighborhood. It is better that children should go 
 a little farther, and have a good school when one is reached. Except in 
 peculiar circumstances, we doubt whether there ever ought to be more 
 than nine subdistricts in any district township of ordinary size, and it 
 might be better to have only six. A school centrally located on every 
 four or six sections of land, would afford reasonable facilities to all. 
 Even in populous districts, it would be better to increase the size of the 
 schools and have more than one teacher if necessary than to adopt the 
 disastrous policy of subdivision. 
 
 The county superintendent in his lengthy argument in support of his 
 decision, dwells upon some slight discrepancies in the secretary's tran- 
 script. At a meeting of the board February 8, it appears that a motion 
 was made to u proceed to redistrict," etc. One transcript says this motion 
 carried, the other omits such a statement. The county superintendent 
 alleges that it was carried u by only one vote." Whether it carried or 
 not is under the circumstances entirely immaterial; as a motion was sub- 
 sequently unanimously adopted, the yeas and nays being called, to 
 adopt a certain plat on which the changed boundaries of the subdistricts 
 were marked, and the school-house sites indicated. This was the 
 important vote of the meeting, and in regard to its adoption there is no 
 question. Even admitting that one man did not vote for it as claimed, 
 there was still left more than the legally required number of votes. But 
 the integrity of an official record cannot be impeached by any such col- 
 lateral proceeding. It was error to admit evidence contradicting the 
 record. 
 
 The board of directors had full discretionary powers in the matter of 
 redistricting the township district, and the manner in which they exer- 
 cised this power was a proper subject of review by the county superin- 
 tendent on appeal. At the time the plaintiff's affidavit was filed, the 
 county superintendent had no knowledge that the acts of the board on 
 said 8th day of February had been approved by the superintendent of 
 public instruction, or that they would be so approved; he therefore prop- 
 erly assumed jurisdiction of the case. When, however, the action of the 
 superintendent of public instruction became known, the county superin- 
 tendent should have been governed by it, and he should have affirmed 
 the action of the board of directors or dismissed the case. 
 
SCHOOL LAW DECISIONS. 31 
 
 For reasons heretofore given, as well as upon the real merits of the 
 case, and to promote the educational interests of the district township at 
 large, the decision of the county superintendent is 
 
 REVERSED. 
 
 D. FRANKLIN WELLS,_ 
 June 8, 1868. Superintendent of Public Instruction. 
 
 ELIAS SIPPLE v. DISTRICT TOWNSHIP OF LESTER. 
 Appeal from Black, Hawk County. 
 
 1. TESTIMONY. At the hearing of an appeal before the county superintendent it 
 is competent for him, upon his own motion, to call additional witnesses to give 
 testimony. 
 
 2. RECORDS. In the absence of the allegation of fraud, testimony to contradict 
 or impeach the records of the district cannot be received. 
 
 3. . The board may at any time amend the record of the district, when 
 
 necessary to correct mistakes or supply omissions. And may upon proper 
 showing be compelled by mandamus to make such corrections. 
 
 At the regular meeting of the board of the district township of Lester, 
 held September 16, 1867, which was attended by four of the seven mem- 
 bers of the board, motions were made and seconded for the creation of 
 two new subdistricts whose boundaries were described in the motions. 
 In regard to the action on these motions the record of the secretary 
 contains merely the word u carried." At a special meeting of the board 
 held February 15, 1868, the action of the board in September in relation 
 to the formation of new subdistricts was ' ; reconsidered " and ' c rescinded. " 
 From the February action Elias Sipple appealed to the county superin- 
 tendent. During the progress of the hearing, which took place March 
 20, 1868, the county superintendent called upon one of the four mem- 
 bers of the board that attended the September meeting, who testified 
 that he did not vote for the motion to create a new subdistrict. As it 
 thus appeared that the new subdistricts were not established by a vote of 
 a majority of all the members of the board, as required by law, and as 
 said September action was rescinded at a full meeting of the board in 
 February, the county superintendent, considering the formation of the 
 subdistricts illegal and void, dismissed the appeal. From this decision 
 Barney Wheeler appeals. 
 
 Appellant alleges substantially that the county superintendent erred as 
 follows: In himself calling a witness to give testimony; in receiving tes- 
 timony to impeach the district record, which is claimed to be valid and 
 
32 SCHOOL LAW DECISIONS. 
 
 binding after thirty days; in dismissing the appeal; in not establishing 
 the subdistricts. 
 
 The law requires the county superintendent to give a "just and equita- 
 ble" decision, and as the calling of additional witnesses may sometimes 
 enable him to discharge this duty more faithfully, his action in this respect 
 is sustained. 
 
 The second error assigned really includes two distinct points, which 
 will be considered separately; and first, in regard to the impeachment of 
 the district record. The law provides for an annual meeting of the 
 electors of the district township, and for semi-annual and special meet- 
 ings of the board of directors; also that "the secretary shall record all 
 the proceedings of the board and district meetings in separate books 
 kept for that purpose." It is a general principle of law that "oral evi- 
 dence cannot be substituted for any instrument which the law requires 
 to be in writing, such as records, public documents," etc. 1 Greenleaf's 
 Evidence, 86. "It is a well settled rule that, where the law requires 
 the evidence of a transaction to be in writing, oral evidence cannot be 
 substituted for that, so long as the writing exists and can be produced; 
 and this rule applies as well to the transactions of public bodies and 
 officers as to those of individuals." The People v. Zeyst, 23 1ST. Y., 142. 
 In the case of Taylor v. Henry, 2 Pick., 397, the supreme court of 
 Massachusetts held that an omission in the records of a town meeting 
 could not be supplied by parol evidence. Chief Justice Shaw, in dis- 
 cussing the case, said that it would be "dangerous to admit such a 
 proof." Mr. Starkie, in his valuable treatise on evidence says: "Where 
 written instruments are appointed either by the immediate authority of 
 the law or by the compact of the parties, to be the permanent reposi- 
 tories and testimony of truth, it is a matter both of principle and of 
 policy to exclude any inferior evidence from being used either as a sub- 
 stitute for such instruments or to contradict or alter them; of principle, 
 because such instruments are, in their own nature and origin, entitled to 
 a much higher degree of credit than that which appertains to parol evi- 
 dence; of policy, because it would be attended with great mischief and 
 inconvenience, if those instruments upon which men's rights depend 
 were liable to be impeached and controverted by loose collateral evi- 
 dence." Starkie, part IV, page 995, volume III, 3d Am. Ed. 
 
 The reason of the rule upon which the courts a^ree with such entire 
 unanimity applies with force in the case now under consideration. The 
 records of the district and board meetings contain a statement of the 
 regulations adopted, and the acts done in the exercise of the powers with 
 which the respective bodies are invested by the law. They present to all 
 the citizens of the district township, in a permanent form, certain and 
 definite information which could be obtained, with equal certainty, in no 
 
SCHOOL LAW DECISIONS. 33 
 
 other way. Memory is defective, but the secretary records the trans- 
 actions as they occur. The actors change from year to year, but the 
 record is permanent. And though the admission of oral testimony to 
 alter a record or to supply an omission therein might sometimes promote 
 the attainment of justice, the prevalence of such a practice would result 
 in more evil than good. It is held, therefore, that in the absence of 
 alleged fraud the county superintendent errs in admitting parol evidence 
 to contradict or impeach the record of the September meeting of the 
 board. 
 
 In regard to the other part of the second point a few words will suffice. 
 The counsel for appellant urges that though the record of the September 
 meeting was imperfect, the lapse of thirty days made the record valid 
 and binding upon the district. It is true that the right to take an appeal 
 to the county superintendent expires after thirty days; but I am unable 
 to see how the lapse of time will validate what was before invalid. The 
 secretary is the proper custodian of the records of the school district, 
 and before the record of the proceedings of the board has been approved 
 or adopted by the board, the secretary may amend them by supplying 
 omissions, or otherwise correcting them. After they have been approved 
 they may be amended and corrected by direction of the board, even 
 after the lapse of thirty days. In Massachusetts a town clerk is per- 
 mitted to amend the record in order to supply defects, even after a suit 
 involving a question respecting them has been commenced. I am of 
 the opinion that if the secretary or board of directors decline to make 
 necessary corrections in the record, that a party interested may proceed 
 by mandamus to compel the correction. If the record is to be impeached, 
 it must be, in the absence of fraud, by a direct proceeding instituted for 
 that purpose, and not by a collateral or indirect method. The People v. 
 Zeyst-iWN. Y., 147-8. 
 
 The district record in this case is not as full as it might with propriety 
 be. The law provides that the boundaries of subdistricts shall not be 
 changed except by the vote of a majority of the members of the board. 
 The record fails to show that this requirement of the law was complied 
 with at the September meeting. The secretary says the motion to 
 redistrict "carried." This is his opinion, but he fails to give the fact 
 upon which it is based. Four of the seven members were present, but 
 he does not say who, or how many voted for the change. Properly this 
 should have been stated. When, however, the district record declares 
 that a motion was "carried," the law will presume that it was carried in 
 accordance with the requirements of the statute; though there is reason 
 to believe that the presumption in this instance is a violent one. It 
 follows that there was no legal evidence that the subdistricts were not 
 established in accordance with law; hence, the conclusion is inevitable 
 
34: SCHOOL LAW DECISIONS. 
 
 that the county superintendent erred ia dismissing the appeal for the 
 'cause assigned. 
 
 At the commencement of the trial and again during its progress, the 
 defendant moved the county superintendent to dismiss the case on 
 account of the insufficiency of the affidavit. The affidavit of Mr. Sipple 
 is not as full as it is usual to make affidavits in such cases, yet it "set 
 forth the errors complained of " with such plainness and conciseness as 
 -enabled the county superintendent to obtain the necessary transcripts, 
 and this is all that the law really requires. Revision, I860, 2135. It 
 lias not been customary heretofore to enforce any particular form of 
 affidavit, and the county superintendent's ruling refusing to dismiss on 
 defendant's motion is sustained. 
 
 As the testimony appears not to have been all in when the case was 
 dismissed by the county superintendent, no opinion can be given in 
 regard to the propriety or necessity of establishing the proposed new 
 subdistricts. 
 
 The case is therefore returned to the county superintendent, who will 
 proceed with the hearing, first allowing a reasonable time for the cor- 
 rection of the district record or for the enforcement of its correction 
 jgkould such correction be deemed necessary by either of the interested 
 parties. Should the district record be amended so as to show conclusively 
 ithat the said subdistricts were not legally formed at the said meeting in 
 ^September, it will follow that the said subdistricts never had a legal 
 existence, and that the plaintiff could not be aggrieved by the action of 
 *the February meeting, hence the county superintendent will determine 
 fthe case in favor of the appellee. Should said record not be amended, 
 or should it be amended so as to show clearly that said subdistricts were 
 established in all respects in conformity with law, the question of estab- 
 lishing the new subdistricts, or more properly retaining their organiza- 
 tion, will be determined upon its merits. 
 
 REVERSED. 
 I). FRANKLIN WELLS, 
 
 July 23, 1868. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 35 
 
 E. J. MINER v. DISTRICT TOWNSHIP OF CEDAR. 
 Appeal from Floyd County. 
 
 1. CONTESTED ELECTION: Jurisdiction. The proper method of determining a 
 contested election for school director is by an action brought in the district 
 court. 
 
 2. ELECTION: Evidence of. The certificate of the officers of the annual subdis- 
 trict meeting is the legal evidence of election as subdirector, and as a general 
 rule a board of directors is justified in declining to recognize a person as a 
 member of the board until he produces such certificate. 
 
 3. EVIDENCE. Where the law requires the evidence of a transaction to be in 
 writing, oral evidence can be substituted for it only when the writing cannot 
 be produced. 
 
 At the regular meeting of the board of the district township of Cedar, 
 in March, 1868, E. J. Miner appeared and tiled his oath of office as sub- 
 director of subdistrict number three of said district township, and 
 claimed recognition as a member of the board from said subdistrict. 
 The said Miner failed to present to the board the certificate of the officers 
 of the subdistrict meeting, or any other evidence of his election except 
 his own verbal statement. It was alleged in the board that he was not 
 legally elected. Under these circumstances, the board refused him a 
 seat and recognized his predecessor as holding over. From this order 
 the said Miner appealed to the county superintendent, who, after a full 
 hearing of the manner in which the election was conducted, reversed the 
 order of the board, and directed that the said Miner should be recognized 
 as subdirector of subdistrict number three, and as a member of the 
 board of directors. From this decision an appeal is taken by A. J. 
 Sweet, president of the board. The above are but a small portion of 
 the facts presented in the well arranged transcript of the county super- 
 intendent, but yet all that are material to the issues involved. 
 
 The case presented by these facts is similar to that of Ockerman v. 
 District Township of Hamilton, page 77, School Law Decisions of 1868, 
 and must be governed by the same principles. It was there held that 
 the only proper way of determining a contested election or the right of 
 exercising any public office or franchise, is by an action in the nature of 
 quo warranto brought in the district court. It seems unnecessary to 
 repeat the arguments there used. Reference is made to that case as 
 well as to the 19 Iowa, 199; 18 Iowa, 59; 16 Iowa, 369; 17 Iowa, 365; 
 and the other cases there cited. The principle involved in the preceding 
 references was recognized by the county superintendent, when he said 
 
36 SCHOOL LAW DECISIONS. 
 
 in his decision that "the board of directors has no jurisdiction to inquire 
 into the legality of the election of its members." When this just con- 
 clusion was reached, the case should have been dismissed, for the county 
 superintendent can do on appeal only what the board itself might legally 
 have done. 
 
 The county superintendent held that as the president of the subdistrict 
 meeting refused to sign a certificate of election for the said Miner, that 
 the board might receive other evidence of his election. In this the county 
 superintendent departed from well established legal principles. The 
 school law provides that at the meeting of the electors of the subdistrict 
 on the first Monday in March, "a chairman and secretary shall be 
 appointed, who shall act as judges of the election, and give a certifi- 
 cate of election to the subdirector elect." It is a well settled rule, that 
 where the law requires the evidence of a transaction to be in writing, oral 
 evidence cannot be substituted for it when the writing can be produced; 
 and this rule applies alike to the transactions of public bodies, officers, 
 and individuals. This question was discussed at some length in tne case 
 of Sipple v- District Township of Lester. Some of the references made 
 are: 1 Greenleaf's Ev., 86; People v. Zeyst, 23 N. Y., M2; 2 Pick. T 
 397; and Starkie on Ev., Part IV., p. 995, volume III, 3d Am. Ed. 
 
 There can be no doubt that the law contemplates that the certificate of 
 the officers of the subdistrict meeting shall be the legal passport to a 
 seat in the board, and that, as a general rule, a board of directors is jus- 
 tified in declining to recognize a person as a member of the board until 
 such certificate is produced. If the certificate has been given and lost, 
 the accident may be remedied by other testimony. If it has been ille- 
 gally withheld the officer may be coerced by mandamus to furnish it. If 
 it has been fraudulently given, the law still provides a remedy. 
 
 By the light of the previous principles, it is evident that when, under 
 the circumstances, the county superintendent proceeded to investigate 
 the rights of the plaintiff as a school director, he exceeded his jurisdic- 
 tion, and that his decision must therefore be overruled. The law requires 
 that the plaintiff, Miner, shall seek his remedy in the courts. The decis- 
 ion of the county superintendent is therefore reversed and the case dis- 
 missed. 
 
 REVERSED. 
 D. FRANKLIN WELLS, 
 
 July 29, 1868. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 37 
 
 CHILES MOORMAN v. DISTRICT TOWNSHIP OF BELMONT. 
 Appeal from Warren County. 
 
 1. SCHOOL-HOUSE: Removal of . A vote of the electors of a subdistrict to remove 
 a school-house will not compel the board to act affirmatively in relation thereto. 
 
 2. JURISDICTION. An application for an appeal filed within thirty days from the 
 act of the board complained of will not give the county superintendent juris- 
 diction of the case. The appeal must be taken by affidavit. 
 
 This appeal was taken to the county superintendent to secure the 
 removal of the school-house in subdistrict number eight, of this district 
 township. At the subdistrict meeting in March, 1868, the electors voted 
 by a large majority that the removal should be made. At the semi- 
 annual meeting of the board held March 16, 1868, a motion to remove the 
 school-house in accordance with the vote of the subdistrict was lost; and 
 from this action of the board the plaintiff, by affidavit, filed with the 
 county superintendent May 9, 1868, took an appeal. Previous to this, 
 that is on the 28th of March, the plaintiff had filed with the county 
 superintendent an "application for an appeal." The county superin- 
 tendent assumed jurisdiction in the case, and after a full hearing reversed 
 the decision of the board and ordered the removal of the house. To this 
 decision the appellant takes exception. 
 
 The power to locate the site for a school-house is vested in the board 
 of directors, and the power to "fix the site " carries with it the power to 
 relocate the site. Vance v. District Township of Wilton, 23 Iowa, 408. 
 Hence the vote of the subdistrict electors must be considered as advisory 
 rather than mandatory. 
 
 Exception was taken to the action of the county superintendent on the 
 ground mat the appeal was not taken within the thirty days required by 
 law, and the record shows that nearly two months had elapsed before 
 the filing of the affidavit, which by law is made the basis of appeal. It 
 has been decided in previous cases that the right of appeal can be enjoyed 
 only within thirty days of the rendition of the decision complained of, 
 and that the appeal can be instituted only by filing an affidavit with the 
 superintendent. Curry v. District Township of Franklin. Following 
 the line of these decisions we are compelled to hold that the county super- 
 intendent had no proper jurisdiction of this case, and that his action 
 thereon is void. 
 
 If it is suggested that an " application for an appeal " was made before 
 the expiration of thirty days from the board's decision, it must be replied 
 
38 SCHOOL LAW DECISIONS. 
 
 that the law recognizes no such step in the proceedings. The law dis- 
 tinctly provides that the basis of appeal shall be "an affidavit, filed by 
 the party aggrieved with the county superintendent within the time 
 allowed for taking the appeal." The application for an appeal is all 
 very well, provided the affidavit itself is filed within the time allowed by 
 law; but the filing of the "application for an appeal" is an entirely 
 superfluous and unnecessary proceeding. 
 
 As the case was "not properly before the county superintendent we are 
 compelled to set aside his decision, and leave the removal of the school- 
 house to the discretion of the board. 
 
 REVERSED. 
 D. FRANKLIN WELLS, 
 
 September 11, 1868. Superintendent of Public Instruction- 
 
 Z. W. REMINGTON v. DISTRICT TOWNSHIP OF BOOMER. 
 Appeal from Pottawattamie County. 
 
 1. JURISDICTION. The county superintendent does not have jurisdiction of cases 
 involving a money demand. 
 
 2. SCHOOL ORDERS. When improperly issued by the board, the proper remedy 
 is an injunction from the civil courts. 
 
 The case presented by the record is this: On the 12th day of October, 
 the board of Boomer district township met in special session and made a 
 settlement with one L. S. Axtell, who was the contractor for the erection 
 of certain school-houses in said district township. From the action of 
 the board, Z. W. Remington appealed to the county superintendent. 
 The superintendent dismissed the appeal upon the ground that the settle- 
 ment with Axtell was for a money demand, and therefore involved a 
 question over which he could exercise no jurisdiction. Remington 
 again appeals. 
 
 If there was anything wrong in the action of the board issuing orders 
 in favor of Axtell for the payment of his claim for building the school- 
 houses that would render them invalid, plaintiffs remedy, if any, would 
 have been by injunction to restrain the payment of such orders, or by 
 some other proper action in the civil courts, and not by appeal to the 
 county superintendent, as the latter tribunal is not clothed by the statute 
 with authority to inquire into or determine the validity of school orders. 
 The county superintendent, therefore, very properly decided to dismiss 
 the appeal, and his order in the case is hereby 
 
 AFFIRMED-. 
 A. S. KISSELL, 
 
 May 17, 1870. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 
 
 W. D. PECK et al. v. DISTRICT TOWNSHIP OF POLK. 
 
 Appeal from Jefferson County. 
 
 1. SUBDISTKICTS. Should be, if possible compact and regular in form. In wellt 
 populated district townships, two miles square is considered a desirable area 
 for each subdistrict. 
 
 2. SCHOOL-HOUSE SITE. It is important that a school-house site be located on. 
 a public road, and as near the center of the subdistrict as practicable. 
 
 It appears from the transcript in this case that the board, on the pres- 
 entation of a petition from the majority of the inhabitants of subdistrict 
 number eight, of said district township, issued an order attaching a strip 
 on the northeast from subdistrict number seven to number eight, relo- 
 cating the school-house site, and arranging for the removal of the school- 
 house from the present site to said new location. From this action of 
 the board an appeal was taken to the county superintendent, who sus- 
 tained the action of the board, and from his decision an appeal is taken 
 to this tribunal. 
 
 The trial before the county superintendent developed that the board 
 have in contemplation the redistricting of the entire township into sub- 
 districts two miles square, and that the order providing for the change 
 of boundaries in subdistrict number eight, is the initiatory step in that 
 direction. The subdistrict in question, previous to their order had very 
 irregular boundaries; and except that the district is too large for conven- 
 ience without further change in the boundaries, there would seem to be 
 every reason for attaching the strip from number seven. That being- 
 attached, the change of location and the removal of the school-house to 
 a site occupying the geographical center of the subdistrict with its 
 changed boundaries, must follow, of course. Besides this, there seems 
 to be the additional good reason for the change of location for the school- 
 house site; the present site is not on a public road; the one in prospect 
 is, and as all the territory is in a condition to be easily and rapidly set- 
 tled, the new site will, with the additional change in contemplation, be 
 the exact geographical center of the subdistrict. 
 
 The action of the board in this case is manifestly of a discretionary 
 character, and I can see nothing in the testimony that would induce the 
 belief that they have in any way exceeded their prerogative, or abused 
 their discretion. The decision of the county superintendent is therefore 
 
 AFFIRMED. 
 A. S. KISSELL, 
 
 February 4, 1871. Superintendent of Public Instruction. 
 
40 SCHOOL LAW DECISIONS. 
 
 W. P. DAVIS v. DISTRICT TOWNSHIP OF MADISON. 
 Appeal from Fremont County. 
 
 1. CONTRACTS. All contracts require the approval of the board. 
 
 2. SCHOOL FUNDS: Disbursement of. The treasurer is the proper custodian of all 
 funds, and can legally pay them out only upon orders specifying the fund upon 
 which they are drawn and the specific use to which they are applied. 
 
 3. SUBDIRECTOR. The subdirector may expend money in his subdistrict only in 
 the manner authorized by the board. 
 
 4. CLAIMS. Just claims against the district can be enforced only in the courts of 
 law. 
 
 5. SUBDISTRICT. A subdistrict is not a corporate body, and has no control of any 
 public fund. 
 
 The electors of the district township of Madison, on the eleventh day 
 of March, 1871, voted a tax of two and one-half mills on the taxable 
 property of the district township for school-house purposes, and directed 
 that three hundred dollars of the amount thus raised should be used for 
 the erection of a school-house in subdistrict number nine. 
 
 March 20, 1871, W. P. Davis, subdirector of subdistrict number nine, 
 was appointed a committee to build a school-house in said subdistrict. 
 The house having been completed, at a special meeting of the board 
 held June 1, 1872, it was moved that the report of the committee be 
 received, and the school-house be accepted; also that the secretary be 
 instructed to draw an order on the treasurer for three hundred dollars, 
 for subdistrict number nine. Both motions were lost, from which action 
 the said W. P. Davis appealed to the county superintendent, who on the 
 9th day of August, 1872, reversed the action of the board. The district 
 township, through its president, W. H. Gandy, appeals. 
 
 The history of this case very fully illustrates the loose and irregular 
 manner in which school officers too frequently transact official business. 
 Section 15 of the School Laws provides that the board of directors 
 4 'shall make all contracts, purchases, payments, and sales necessary to 
 -carry out any vote of the district, but before erecting any school-house 
 they shall consult with the county superintendent as to the most 
 approved plan of such building." 
 
 If the contract is made by a subdirector or committee of the board, it 
 should in all cases be approved by the board before work is commenced. 
 
 A misapprehension often exists as to the manner in which school funds 
 should be disbursed. The treasurer is the proper custodian of all funds 
 belonging to the district township, and the law provides that he "shall 
 pay no order which does not specify the fund on which it is drawn, and the 
 
SCHOOL LAW DECISIONS. 41 
 
 specific use to which it is applied," that is, for work done, material fur- 
 nished, or the like. 
 
 The board are also required to "audit and allow all just claims against 
 the district, and no order shall be drawn on the district treasury until the 
 claim for which it is drawn has been so audited and allowed. " This rule 
 applies equally where funds are voted by the district township for the 
 purpose of building school-houses in particular subdistricts, also where 
 taxes have been raised on the property of subdistricts in accordance with 
 the proviso of section twenty-eight. Such funds, or so much of them as 
 may be required to carry out the vote of the electors, should be devoted 
 to the specific object for which they were voted, but the disbursement 
 should in all cases be under the- direction and authority of the board. 
 Boards have no authority to give subdirectors money to use in their sub- 
 districts for building school-houses or any other purpose, nor subdirectors 
 to use money so received. A subdistrict is not a corporate body and has 
 no control of any public fund. 
 
 If Mr. Davis has a just claim against the district township of Madison 
 which the board refuse to allow, or if the board refuse to apply the 
 amount voted by the electors to the specific object for which it was de- 
 signed, viz., the erection of a school-house in subdistrict number nine, 
 the civil courts only can furnish a means of redress. 
 
 REVERSED . 
 ALONZO ABERNETHY, 
 
 October 30, 1872. Superintendent of Public Instruction. 
 
 J. D. CALDWELL v. STEPHEN PEEBLES, COUNTY SUPERINTENDENT. 
 Appeal from Mills County. 
 
 1. REVOCATION OF TEACHER'S CERTIFICATE. A teacher's certificate can be legally 
 revoked only upon proof of charges of which he has had personal notice, and 
 against which he has had the opportunity to make his defense. 
 
 2. . A person addicted to the use of intoxicating liquors who even occa- 
 sionally becomes intoxicated is not likely to promote correct moral teaching in 
 the public schools by his example, nor to possess such moral character as to 
 entitle him to a teacher's certificate. 
 
 Complaint having been made to the county superintendent that J. D. 
 Caldwell, a teacher, was addicted to the use of intoxicating liquors, an 
 examination of the charges was made May 10, 1873, as provided by law, 
 the result of which was the revocation of Mr. Caldwell's certificate. Mr. 
 Caldwell appeals. 
 
42 SCHOOL LAW DECISIONS. 
 
 We need not comment upon the testimony in the trial, since the 
 county superintendent admits that the specifications contained in the 
 complaint were not sustained. Facts, however, were developed inci- 
 dentally, in the examination of witnesses, apart from the direct issues 
 involved, to satisfy the county superintendent that the defendant does 
 not possess a good moral character, and we are not sure but his con- 
 clusions are properly deducible from the evidence. 
 
 The law, however, providing for the revocation of certificates, requires 
 that it shall only be "after an investigation of facts in the case, of which 
 investigation the teacher shall have personal notice, and he shall be 
 permitted to be present and make his defense." In this instance, certain 
 charges were preferred in an information, of which the teacher had due 
 notice, and, as it appears, successfully defended himself against the 
 charges made, and there rested his case. 
 
 It is, perhaps, doubtful if the superintendent has the authority to 
 revoke a certificate upon evidence incidentally developed in the trial, 
 however damaging in its nature, the substance of which was not con- 
 tained in the original notice, and against which no defense was attempted. 
 
 We fully agree with the superintendent, that a person addicted to the 
 use of intoxicating liquors, who even occasionally becomes intoxicated, 
 and who is in the habit of visiting disreputable beer saloons, does not 
 possess that degree of moral character to entitle him to a teacher's cer- 
 tificate under our statute. We cannot too highly commend the efforts 
 of county superintendents to promote correct moral teaching in the 
 public schools through the example of the teacher. 
 
 Disqualifications of this nature should be fully proved and in the man- 
 ner prescribed by law; and we reluctantly set aside this decision, believ- 
 ing that the superintendent was actuated by worthy motives, and did the 
 act solely with a view to promote the good of the schools, and in the 
 
 conscientious discharge of a public duty. 
 
 REVERSED. 
 
 ALONZO ABERNETHY, 
 May 31,1873. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 
 
 W. J. MOODY v. H. H. BURRINGTON, COUNTY SUPERINTENDENT. 
 Appeal from Eremer County. 
 
 1. REVOCATION OF TEACHER'S CERTIFICATE. The county superintendent rnay 
 refuse to entertain a petition for the revocation of a teacher's certificate. 
 
 2. APPEAL. An appeal may be taken from the refusal of the county superin- 
 tendent to investigate charges brought against a teacher. 
 
 A petition containing charges against a teacher was presented to- 
 ll. H. Burrington, county superintendent, asking an investigation of the 
 charges, and the revocation of her certificate. The county superintend- 
 ent refused to make the investigation as requested by the petitioners 
 and from this action W. J. Moody appeals. 
 
 The question whether an appeal will lie from the refusal of the county 
 superintendent to investigate charges brought against a teacher, has not 
 been to our knowledge before determined. Since it is held that ar* 
 appeal may be taken from an action of the board refusing to perform a 
 discretionary action, we see no reason why an appeal will not lie from 
 an act of the county superintendent of like nature. 
 
 In the case before us, statements testifying to the moral character and 
 good reputation of the teacher are made by reliable and disinterested 
 parties, who have been intimately acquainted with her for several years- 
 past; and it is believed that, in no instance, is the judgment and discre- 
 tion of a local tribunal entitled to more consideration than in this case. 
 
 AFFIRMED. 
 ALONZO ABERNETHY, 
 
 July 10, 1873. Superintendent of Public Instruction* 
 
 J. W. RANDALL v. DISTRICT TOWNSHIP OF VIENNA. 
 Appeal from Marshall County. 
 
 1. SCHOOL-HOUSE: Removal of. The board may legally remove a school-house 
 from one subdistrict to another only by vote of the electors. 
 
 2. : . When the electors have voted to remove a school-house from 
 
 one subdistrict to another the board must execute such vote, if in accordance 
 with law; from their action in so doing no appeal can be taken. 
 
 At the district township meeting held on the second Monday in March, 
 1873, it was voted to remove the school-house situated in subdistrict num- 
 ber four, into subdistrict number three. On the seventeenth day of 
 
44: SCHOOL LAW DECISIONS. 
 
 March the board ordered the removal of the school-house, in accordance 
 with said vote of the electors. From this action appeal was taken to the 
 county superintendent, who reversed the action of the board. The 
 district township, through its president, appeals. 
 
 Section seven, School Laws of 1872, provides that the electors shall 
 have the power u to direct the sale, or other disposition to be made of 
 any school-house;" also u to vote such tax, not exceeding ten mills on the 
 dollar in any one year, on the taxable property of the district township, 
 -as the meeting shall deem sufficient for the purchase of grounds and the 
 construction of the necessary school-houses for the use of the respective 
 ;subdistricts." 
 
 Section fifteen provides that the board " shall make all contracts, pur- 
 chases, payments and sales necessary to carry out any vote of the 
 district." 
 
 Section sixteen provides that the board ' ' shall fix the site for each 
 .school-house." 
 
 From the law as above quoted we understand that the electors may 
 vote a tax for the erection of a school-house in any particular subdistrict, 
 or may direct the removal of one already built, from a subdistrict, and 
 that the board determine the site within a subdistrict, but have no 
 .authority to remove a school- house from a subdistrict without affirmative 
 .action of the electors, such action, however, being taken, the board must 
 execute their vote, if in accordance with law. 
 
 From the action of the board in thus executing the vote of the electors 
 110 appeal can be taken. If the vote of the electors is contrary to law, 
 its execution may be prevented by injunction; if unwise, the electors 
 themselves must bear the consequences. 
 
 REVERSED. 
 
 ALONZO ABERNETHY, 
 July 11, 1873. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 45 
 
 JAMES BUNN v. DISTRICT TOWNSHIP OF DOUGLAS. 
 
 Appeal from Ida County. 
 
 1. CONTRACTS. The district township is bound by the contract of the subdirector 
 when made according to instructions of the board. 
 
 2. . If a subdirector enter into a contract on behalf of the district, without 
 
 authority of the board, he does so at his own risk; such contract is not binding 
 upon the district unless approved by the board. 
 
 3. RULES AND REGULATIONS. The power to prescribe rules and regulations for 
 the government of the board is not a function of the electors. 
 
 4. .A rule adopted by the board, and not a provision of law, may be modi- 
 fied at the option of the board. 
 
 A contract for furnishing the school-houses in subdistricts number- 
 one and two with new seats, was approved by the board. The county 
 superintendent, upon appeal, affirmed the action of the board, and James- 
 Bunn appeals. 
 
 It is claimed by the appellant that the contract was made without au- 
 thority from the board; that new seats could not be legally purchased 
 without a vote of the electors; that by rule of the board public notice 
 should be given before making any contract, except with teachers. 
 
 The district township is bound by the contract of the subdirector when 
 made and entered into according to the specific instructions and direc- 
 tions of the board. Thompson v. Linn, 35 Iowa, 361. 
 
 If a subdirector enters into a contract on behalf of the district, without 
 being authorized by the board, he does so at his own risk; such contract 
 is not binding upon the district unless approved by the board; being ap- 
 proved, however, the district becomes responsible for the performance of 
 the contract on its part. Affirmative action of the electors is not required 
 by law before the board can procure new seats for a school-house. 
 
 It appears from the transcript that the rule mentioned was adopted and 
 prescribed by the district township meeting, and not by the board; the 
 power to prescribe rules and regulations for the government of the board, 
 except as specifically named in the law, is not a function of the electors 
 when assembled at the district township meeting. Any rule adopted by 
 the board, and not a provision of law, may be modified or disregarded at 
 the option of the board. 
 
 AFFIRMED. 
 ALONZO ABEKNETHY, 
 
 December 2, 1873. Superintendent of Public Instruction. 
 
46 SCHOOL LAW DECISIONS. 
 
 D. K. TAYLOR v. INDEPENDENT DISTRICT OFQELDON. 
 Appeal from Wapello County. 
 
 1. APPEAL. Appeal may be taken from an action of the board which authorizes 
 the making of a contract, but not from a subsequent action or order comply- 
 ing with the terms of a contract previously made, nor from an action author- 
 izing the issuance of an order in payment of a debt contracted by previous 
 action of the board. 
 
 2. . A case whose sole purpose is to determine the validity of an order 
 
 on the district treasury, or the equity of a claim, cannot be entertained on 
 appeal to the county superintendent; the courts of law alone can furnish an 
 adequate remedy. 
 
 From the transcript it appears that on the 3d day of December, 1873, 
 the board passed an order authorizing the payment of five per cent com- 
 inission for negotiating the district bonds, and on the same day another 
 authorizing D. P. Stubbs to negotiate said bonds. On the 3d day of 
 February, 1874, the board passed an order instructing the president and 
 secretary to draw an order for $90 on the district treasury in favor of 
 .said D. P. Stubbs, for services rendered in negotiating said bonds, in 
 -accordance with the previous action of the board on December 3, 1873. 
 From the action of the board in issuing said order of $90 this appeal was 
 1;aken. 
 
 The county superintendent dismissed the case, on the ground that it 
 was an action authorizing the payment of money, and a decision thereon 
 would be equivalent to rendering a judgment for money, which is pro- 
 idbited by the provisions of section 1836. D. K. Taylor again appeals. 
 
 Appeal may be taken from any action of the board which authorizes 
 the making of a contract, but not from a subsequent action or order 
 complying with the terms of a contract previously made, or from an 
 .action authorizing the issuance of an order in payment of a debt con- 
 tracted by a previous action of the board. 
 
 The order appealed from in this case is not a new action of the board, 
 'but a necessary result of the order of December 3, 1873. If the first 
 .action was legal and proper, the last is both proper and necessary, the 
 services having been performed. Any interested party might have 
 appealed, at the proper time, from the action of December 3, author- 
 izing the payment of five per cent commission for. negotiating bonds or 
 authorizing the appointment of an agent therefor. But the time for an 
 appeal, thirty days, having expired, appeal cannot now be taken from 
 the subsequent action, which is simply carrying out their previous action, 
 -and the terms of the contract made thereunder. 
 
SCHOQL LAW DECISIONS. 47 
 
 To determine the validity of an order on the district treasury, or the 
 equity of a claim, is equivalent to the rendition of a judgment for money, 
 and a case whose sole purpose is to determine this question cannot be 
 entertained on appeal. The courts of law alone can furnish an ade- 
 quate remedy, if the law has been violated, or the interests of the district 
 have suffered by the making of contracts or the issuing of orders for 
 r money on the treasury. 
 
 AFFIRMED. 
 ALONZO ABERNETHT, 
 
 May 5, 1874. Superintendent of Public Instruction. 
 
 A. BEARD et al. v. DISTRICT TOWNSHIP OF WASHINGTON. 
 Appeal from Ring gold County. 
 
 1. SUBDISTRICT BOUNDARIES. Subdistrict boundaries can be changed only by 
 affirmative vote of a majority of all the members of the board. 
 
 2. APPEAL. Appeal will not be entertained from the action of the board in 
 rescinding a previous illegal action. 
 
 The board of the above named district consists of four members. On 
 the 24th day of January, 1874, three members of the board met, pur- 
 suant to notice, for the purpose of forming a new subdistrict to consist 
 of sections 27, 28, 33 and 34. Upon motion to establish said subdistrict, 
 two of the members voted in the affirmative and one in the negative, 
 by this action the subdistrict was considered as formed, and was so 
 entered upon the record. On February 14, the board met pursuant to 
 notice, for the purpose of reconsidering their action of January 24. 
 Upon motion that the action establishing said subdistrict be annulled, 
 three members voted in the affirmative, and one in the negative. From 
 this action appeal was taken to the county superintendent, who simply 
 reversed the action of the board. I. F. Howell et al. appeal to the super- 
 intendent of public instruction. 
 
 Section 1738 provides that the boundaries of subdistricts shall not be 
 changed, except by a vote of the majority of the board. Therefore the 
 subdistrict in question was not legally established by the action of the 
 board of January 24, and their subsequent action relative thereto may 
 properly be considered as simply correcting the records of the meeting. 
 Neither would the action of the county superintendent in reversing such 
 action have the effect to establish the subdistrict. 
 
 Since the action of the board was entirely proper under the circum- 
 stances in making such correction, the decision of the county superin- 
 tendent is hereby 
 
 REVERSED. 
 ALONZO ABERNETHY, 
 
 June 4, 1874. Superintendent of Public Instruction. 
 
48 SCHOOL LAW DECISIONS. 
 
 E. WATSON v. DISTRICT TOWNSHIP OF EXIRA. 
 Appeal from Audubon County. 
 
 1. PUNISHMENT. The punishment of a pupil with undue severity, or with an 
 improper instrument, is unwarrantable, and may serve in some degree, to- 
 indicate the animus of the teacher. 
 
 2. . In applying correction, the teacher must exercise sound discretion 
 
 and judgment and should choose a kind of punishment adapted not only to 
 the offense, but to the offender. 
 
 Charges were preferred against E. Watson, a teacher in the schools of 
 the district above named, for harsh and unreasonable punishment of a 
 pupil, and upon investigation the teacher was discharged. From this- 
 action of the board he appealed to the county superintendent, who re- 
 versed their action, and the district appeals. 
 
 From the evidence it appears that the pupil upon whom the punish- 
 ment was inflicted was a boy thirteen years of age, and that the offense 
 was such that punishment was deserved. The instrument selected for 
 inflicting punishment was a hickory stick, three-fourths of an inch in 
 diameter at one end, and one-half inch at the other, and fifteen or 
 eighteen inches long. The punishment was inflicted by striking upon 
 the palm of the hand from eight to twelve strokes. It appears that the 
 boy's hand was thereby disabled for some days. 
 
 It is alleged by the teacher that the punishment was inflicted for the 
 good of the school, and that it was without malice on his part. We con- 
 sider the selection of such an instrument for the punishment of a pupil 
 injudicious, unwarrantable, and dangerous, and that consequences might 
 be fraught with the gravest results, and that such selection may serve in 
 some degree, to indicate the animus of the teacher. 
 
 REVERSED. 
 ALONZO ABERNETHY, 
 
 June 6, 1874. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 49 
 
 SANFORD HARWOOD v. INDEPENDEIS^ DISTRICT OF CHARLES CITY. 
 Appeal from Floyd County. 
 
 \ . PUNISHMENT: Eight to inflict upon pupils. The right of the parent to restrain 
 and coerce obedience in children applies equally to the teacher, or to any one 
 who acts in loco parentis. 
 
 2. RULES AND REGULATIONS. Boards of directors and their agents, the teachers, 
 may establish reasonable rules for the government of schools and the control 
 of pupils. 
 
 3. . The teacher has the right to require a pupil to answer questions which 
 tend to elicit facts concerning his conduct in school. 
 
 4. . The pupil is answerable for acts which tend to produce merriment in 
 
 the school or to degrade the teacher. 
 
 5. . Open violation of the rules of the school cannot be shielded from in- 
 vestigation under the plea that it invades the rights of conscience. 
 
 G. BOARD OF DIRECTORS . The board should be sustained in all legitimate and 
 reasonable measures to maintain order and discipline, to uphold the rightful 
 authority of the teacher, and to prevent or suppress insubordination in the 
 school. 
 
 This case involves the right of a teacher to require a pupil to answer 
 questions concerning his conduct in school, or to testify against himself. 
 
 Burritt Harwood, a member of the high school department, having 
 broken certain rules of the school, was suspended by the superintendent 
 for refusing to answer a question relating thereto. The pupil's father 
 petitioned the board to restore the pupil. The board having investi- 
 gated the facts adopted the following: 
 
 "Resolved, That the school board sustain Prof. Shepard in his sus- 
 pension of Burritt Harwood, provided Burritt Harwood be reinstated if 
 he answer the question, for the refusal to answer which he was suspended, 
 subject to such further action as may be taken by the principal or school 
 board for making and circulating the caricature." The president and 
 four other members voted for, and one against the resolution. From 
 this action of the board, S. Harwood appealed to the county superin- 
 tendent, who reversed their action. The board, through their president, 
 appeals. 
 
 The power of the parent to restrain and coerce obedience in children 
 cannot be doubted, and it has seldom or never been denied. This prin- 
 ciple applies equally to the teacher or to any one who acts in loco parentis. 
 Boards of directors and their agents, the teachers, may establish all 
 reasonable and proper rules for the government of schools, and to con- 
 
 tl the conduct of pupils attending the same. "Any rule of the school 
 4 
 
50 SCHOOL LAW DECISIONS. 
 
 not subversive of the rights of the children or parents, or in conflict with 
 'humanity and the precepts of divine law, which tends to advance the 
 object of the law in establishing public schools, must be considered 
 reasonable and proper." Burdickv. Bdbqock, 31 Iowa, 562. 
 
 The superintendent had occasion to leave the high school in charge of 
 his assistant while he should attend to official duties elsewhere. On his 
 Teturn about 4 p. M. the assistant reported that there had been much dis- 
 order on the part of some of the pupils, and that she had required 
 several of the pupils to remain and report their misdemeanors to the 
 superintendent. Burritt Harwood being called upon, said in substance: 
 I have two misdemeanors to report; I threw snow into the lower hall 
 during recess, and I passed a piece of paper across the aisle to my 
 brother's desk. Both are recognized as violations of the rules of the 
 school. The nature and magnitude of the first are readily discernible, 
 .-and need no further investigation; not so of the second; much depends 
 -upon the character of the u piece of paper," whether simply blank paper 
 or containing writing or other marks; being asked to state the nature of 
 the paper, he at first answered evasively. Being further questioned, he 
 replied that it was " pictorial," that it was a "burlesque or caricature," 
 that "it represented the school-house and some person or persons," 
 that "the person or persons represented were connected with the 
 school." The further question, "whom he had intended to burlesque," 
 after some hesitation, he declined to answer. For this act of disobedi- 
 ence he was suspended. 
 
 The question which he refused to answer appears to differ in no essen- 
 tial feature from those previously answered. By it the teacher simply 
 sought to discover an additional fact in connection with the case. If he 
 had a right to ask the former he had the latter. If there is any reason 
 why the pupil had the right or should claim the privilege of declining to 
 answer the last, he should have stated it. Certainly no good reason 
 appears from the nature of the offense, and the degree of punishment 
 which it merited depended upon the information which the teacher sought 
 to obtain by this and the previous question. If the paper contained sim- 
 ply the solution of a problem or something connected with his lesson, it 
 merited one degree of punishment; if its purpose was to create merriment 
 among the pupils, thus diverting their attention from their studies, it 
 required another degree; if by it the pupil sought to bring ridicule upon 
 a teacher, to the prejudice of the good order and government of the school, 
 still another; each would be a violation of the rules, but not each equally 
 punishable. The claim of appellee that it was an attempt to pry into the 
 secrets of the heart, and was a violation of the right of conscience, is 
 ^scarcely sustained by the facts. The question "whom did you intend to 
 represent," is essentially equivalent to "whom did you represent." Its 
 
SCHOOL LAW DECISIONS. 51 
 
 purpose evidently was not to find out the thought or intent, but the act of 
 the pupil. The question was simply what was the character of the picture 
 drawn and circulated to the disturbance of the school. It does not appear 
 how the rights of conscience would be violated in answering the question. 
 It may be true that the picture itself, if produced, would furnish the best 
 evidence, but the teacher clearly had the right, in its absence, and know, 
 ing nothing of its nature beyond what the pupil had already revealed, to 
 seek this information directly and immediately by proper questions. 
 Nor can the pupil shield himself under the provision of the law that a 
 prisoner at the bar cannot be compelled to answer questions which will 
 tend to render him criminally liable or expose him to public ignominy. 
 He is, in no proper sense, accused of crime before a court of law, author- 
 ized to sit in judgment under a criminal code. 
 
 The picture, which was afterward produced, reveals anything but a 
 right spirit in the pupil. Probably no one who has seen it doubts that 
 it is a coarse caricature of the superintendent and his assistant. His 
 refusal to answer was evidently not that he could not conscientiously do 
 so, nor that it would tend to criminate himself, but was a deliberate act 
 of insubordination. All the attendant circumstances, the evasive and 
 studied replies to the superintendent's questions, the caricature itself, 
 and its circulation through the school during the absence of the superin- 
 tendent, together with a previous malicious caricature of the same 
 nature, all reveal a disregard for the regulations of the school, the 
 a-espectful conduct due from a pupil, and an animus toward the teacher 
 anything but proper. 
 
 In our opinion unnecessary stress was laid, in the trial before the 
 superintendent, upon the technical ground of suspension by the superin- 
 tendent. The board having had the whole subject under investigation, 
 including statements of the offenses from both the superintendent and 
 the pupil, sustained the superintendent, or in other words, suspended 
 the pupil conditionally from the school, as they probably had a right to 
 do for any one of the offenses named. This being a discretionary act, 
 due weight must be given to such action by an appellate tribunal ; espe- 
 cially should the board be sustained in all legitimate and reasonable 
 measures to maintain order and discipline, to uphold the rightful author- 
 ity of the teacher and to prevent or suppress insubordination in the 
 
 school. 
 
 EEVEKSED. 
 ALONZO ABEKNETHY, 
 
 June 8, 1874. Superintendent of Public Instruction. 
 
52 SCHOOL LAW DECISIONS. 
 
 T. J. ROOK v. DISTRICT TOWNSHIP OF LIBERTY. 
 Appeal from Clarke Comity. 
 
 SCHOOL-HOUSE TAXES. All taxes voted by the district township meeting must be 
 apportioned among the subdistricts. Any part of the tax voted by the sub- 
 district meeting which the district township neglects or refuses to grant, must 
 be certified and levied upon the subdistrict. The board have no option but 
 to obey the requirements of the law. 
 
 Under the provisions of section 1778, School Laws of 1874, the 
 electors of subdistrict number six, of the above named district township, 
 voted to raise the sum of four hundred dollars for the erection of a 
 school-house; the sum was properly certified to the district township 
 meeting, which refused to grant the request. The board of directors- 
 certified the amount to the board of supervisors, to be levied directly 
 upon the subdistrict. From this action appeal was taken to the county 
 superintendent, who affirmed the action of the board. T. J. Kook 
 appeals. 
 
 The errors alleged to have been committed are: That the township 
 electors neglected or refused to grant the request of the electors of sub- 
 district number six; and that the board refused to apportion the amount 
 voted by the subdistrict among the subdistricts of the township. 
 
 It is wholly discretionary with the township electors whether such 
 requests are granted or not; from their action no appeal can be taken. 
 If they vote to grant such request, the amount must be apportioned by 
 the board among the subdistricts of the township; if they neglect or 
 refuse to grant it, the amount must be certified to the board of supervis- 
 ors, to be levied directly upon the subdistrict. Section 1778, School 
 Laws of 1874. 
 
 The board have no option in such case, it is their duty simply to obey 
 
 the requirements of the law. 
 
 AFFIRMED. 
 
 ALONZO ABEENETHY, 
 
 October 5, 1874. Superintendent of. Public Instruction. 
 
SCHOOL L^ffffg^l^ 53 
 
 f * OJt TM ^V 
 
 I UNIVERSITY 1 
 
 JOHN S. DAVID v. INDEPENDENT DISTRICT OF BURLINGTON. 
 Appeal frwn Des Moines County. 
 
 1. ATTENDANCE. Every person between the ages of five and twenty-one years 
 has the right to attend school in the district in which he resides, regardless of 
 considerations relating to race, nationality, the holding of property, or the 
 payment of taxes. 
 
 . The payment of school taxes does not entitle nonresidents to school 
 privileges. 
 
 3. . The board have authority to determine when, and upon what terms, 
 
 nonresident pupils may attend the schools of their district. 
 
 This appeal is brought to compel the board of the independent dis- 
 trict of Burlington to admit into the public schools of said district 
 appellant's children, without payment of tuition, on the ground that he 
 is a large taxpayer in the district; the county superintendent having 
 .affirmed the action of the board in refusing to admit them. 
 
 The appellant resides about a mile beyond the limits of the independ- 
 ent district of Burlington, and near the school in his own district, but he 
 claims that this school is not of suitable grade for his children. 
 
 The law requires the board to provide school facilities for all the chil- 
 dren in their own district, and contemplates that they shall, in all cases, 
 determine whether children who are not residents shall be permitted to 
 attend the schools thereof, and upon what terms. Section 1793. 
 
 It is claimed by the appellant that his children are entitled to attend 
 school in the independent district of Burlington without the payment of 
 tuition, for the reason that he owns property in said independent district 
 .and pays taxes thereon; and if the payment of taxes could ever entitle a 
 person to such privileges, it doubtless would in this case, as he intro- 
 duces the certificate of the county auditor to show that his school taxes 
 for 1874 were $406.08. There is, however, no provision of law upon 
 which to base such claim, nor would such provision well accord with the 
 spirit of our laws relating to public schools. These laws are founded 
 upon the broad principle that every person in the state between the ages 
 of five and twenty-one years, is entitled to the privilege of attending the 
 public schools. This principle is wholly unencumbered by any consid- 
 eration relating to race, nationality, the holding of property, or the 
 payment of taxes. 
 
 To prevent confusion and the over-crowding of particular schools, it is 
 necessary to point out what school each pupil has the right to attend. 
 A more equitable rule could not have been devised, than that which pre- 
 scribes that the pupil may attend school in the district in which he resides. 
 
54: SCHOOL LAW DECISIONS. 
 
 The simplicity and equity of this rule are apparent. Every person has 
 one place of residence, and no more; this place of residence is generally 
 determined without difficulty, and is not usually abandoned for trivial 
 causes. To introduce any conditions into the laws dependent upon prop- 
 erty considerations, would be to outrage the fundamental principles of 
 our free school system. 
 
 To further promote the convenience of the people, and to give elasticity 
 to the rule, the board may, when circumstances require, permit nonresi- 
 dent pupils to attend the schools of their district. 
 
 AFFIRMED. 
 ALONZO ABERNETHY, 
 
 February 20, 1875. Superintendent of JPablic Instruction. 
 
 A. B. REED et at. v. DISTRICT TOWNSHIP OF UNION. 
 Appeal from Makaska County. 
 
 1. SUBDISTRICTS. Other things being equal, both territory and school population 
 should be about equally divided among the subdistricts of a district township. 
 
 2. . One subdistrict should not differ greatly from the average subdistrict 
 
 of the district township both in territory and school population. 
 
 The action of the board in changing subdistrict boundaries was affirmed 
 by the county superintendent. From this decision A. B. Reed appeals. 
 
 Previous to the action of the board from which appeal was taken, sub- 
 district number seven comprised two sections of land, upon which reside 
 about forty persons of school age. The board added three sections from 
 subdistrict number three, upon which reside some thirty pupils, leaving 
 but three sections and about twenty-two pupils. 
 
 It is claimed that by this increase of area in subdistrict number seven 
 to five sections, and the consequent increase of pupils to seventy, a por- 
 tion of the latter are deprived of school privileges. This leads to a con- 
 sideration of the proper basis and manner of dividing a district township 
 into subdistricts. It would seem, other things being equal, that both 
 territory and school population should be about equally divided among 
 the subdistricts of the district township. When the population is not 
 uniformly distributed, which is generally the case, it would appear that 
 no one subdistrict should have an excess over the average subdistrict of 
 the district township, both in territory and in school population; nor 
 should any one subdistrict lack both in territory and in school popula- 
 tion, unless by reason of some controlling circumstance. The location 
 of public roads, streams or any other obstruction, should always be 
 taken into consideration. In this case, area and school population are 
 
SCHOOL LAW DECISIONS. 55 
 
 the only essential elements. The average area of a subdistrict in the 
 township is four and one-half sections. 
 
 The school population, according to the last annual report of the- 
 county superintendent, averages 57.5 to each subdistrict. Hence, we- 
 find that subdistrict number seven lacked both in area and school popu- 
 lation, and that its boundaries should have been enlarged ; but we also- 
 find that the subdistrict from which territory was taken was reduced 
 below the average, both in school population and in area, while the sub- 
 district thus enlarged is in excess in both. 
 
 We trust that the board will as soon as practicable remove these- 
 inequalities by a redivision of the entire district township into subdis- 
 tricts. ' Questions as to the validity of the action of the board are also- 
 raised, but we do not find that they have in any manner acted contrary 
 to the requirements of law. 
 
 AFFIRMED. 
 ALONZO ABEKNETHY, 
 
 June 21, 1875. Superintendent of Public Instruction. 
 
 J. W. HUBBAED v. DISTRICT TOWNSHIP OF LIME CREEK. 
 
 Appeal from Cerro Gordo County. 
 
 1. APPEAL. The execution by the board of the vote of the electors upon matters 
 within their control, is mandatory, from such action of the board no appeal 
 can be taken. If such action is tainted with fraud, an application to a court 
 of law is the proper remedy. 
 
 2. BOARD OF DIRECTORS. The board, though not bound by a vote of the electors 
 directing the precise location of a school-house site, are required to so locate 
 it as to accommodate the people for whom designed. 
 
 3. . If in the selection of a site the board violate law or abuse their dis- 
 cretionary power, their action may be reversed on appeal. 
 
 4. . An illegal action may be corrected by application to a court for a 
 
 writ of certiorari. 
 
 The electors of the district township voted a tax to build a school-house 
 on what is known as the Simons road, near where it crosses the Central 
 railroad. On a separate motion, the board were instructed to sell the 
 school-house known as number three. In accordance with the first men- 
 tioned action, the board located a school-house site on said road, fifty 
 feet from said crossing. From this action appeal was taken, the appel- 
 lant claiming it to be a relocation of the site known as number three, 
 and that such action was with the express intention of selling the school- 
 house and abandoning the site thereof. The county superintendent 
 
56 SCHOOL LAW DECISIONS. 
 
 reversed the action of the board. From this decision the district town- 
 ship appeals. 
 
 The district township coincides with a congressional township in 
 boundaries and extent, and is comprised in one subdistrict. It is claimed 
 that the action of the district township meeting did not represent the 
 wishes of the people; that there are ninety-five voters in the district, and 
 but twenty-seven were present at such meeting; also that in the location 
 of the site the board did not consult the convenience of the people. 
 
 Section 1717, School Laws of 1874, provides that the electors of the 
 district, when legally assembled at the district township meeting, shall 
 have power ' ' to direct the sale or other disposition to be made of any 
 school-house, or site thereof, and of such other property, personal and 
 real, as may belong to the district." 
 
 Section 1723 provides that the board "shall make all contracts, 
 purchases, payments, and sales, necessary to carry out any vote of the 
 district." 
 
 Section 1724 provides that the board "shall fix the site for each school- 
 house, taking into consideration the geographical position and conven- 
 ience of the people of each portion of the subdistrict." 
 
 The execution of the vote of the electors by the board is mandatory, 
 from their action in so doing no appeal can be taken. In case such 
 action is in any manner tainted with fraud, an application to a court of 
 law is the proper remedy. 
 
 The power to locate school-house sites is vested originally in the board. 
 Although the board have authority to locate school- house sites, yet money 
 legally voted by the electors for a specific purpose, must be expended in 
 accordance with such vote; if voted to erect a school-house in a certain 
 subdistrict, it cannot legally be used to build a school- house in another. 
 While any directions of the voters attempting to locate precisely a school- 
 house site, are void, yet the board is bound so to locate it as to accommo- 
 date the people for whom designed, in the absence of such instructions 
 the board may exercise more widely their discretion in fixing school- 
 iiouse sites. 
 
 If in the performance of this duty they violate law, act with manifest 
 injustice, or in any manner show an abuse of discretionary power, their 
 action may properly be reversed by the county superintendent. 
 
 In this case we do not discover that the board have in any manner 
 failed in the proper performance of their duty. 
 
 REVERSED. 
 
 ALONZO ABERNETHY, 
 July 7, 1875. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 57 
 
 B. D. BACON et al. v. DISTRICT TOWNSHIP OF LIBERTY. 
 Appeal from Woodbury County- 
 
 1. TESTIMONY. The superintendent should afford full opportunity for the intro- 
 duction of testimony, and the examination of witnesses should be so conducted 
 as to disclose all material facts. What is shown by the plat need not also be 
 presented orally. 
 
 2. BOARD OF DIRECTORS. The action of the board cannot be reversed upon the 
 allegations of appellant without proof, or by reason of failure of the board to 
 make defense. 
 
 3. . The acts of the board are presumed to be regular, legal, 
 and just, and should be affirmed on appeal unless proof is brought to show 
 the contrary. 
 
 The county superintendent sustained the board in locating the site for 
 a new school-house where the old one now stands. B. D. Bacon et al. 
 appeal. 
 
 The peculiarity of this case is that at the trial before the county super- 
 intendent no oral testimony was introduced by the appellant. 
 
 It is the duty of the county superintendent to afford full opportunity 
 to the appellant to present evidence, and it is desirable that the exami- 
 nation of witnesses should be so conducted that every material fact 
 connected with the case shall be disclosed. But the action of the board 
 cannot be reversed upon the allegations of the appellant without proof, 
 or by reason of failure of the board to be present and make defense. 
 
 The acts of the board are presumed to be regular, legal, and just, and 
 should be affirmed by the county superintendent upon appeal, unless 
 proof is brought to show the contrary. 
 
 The plats furnished with transcript in this case are unusually minute; and 
 it is possible that they were regarded as showing the material facts relat- 
 ing to the case. What is shown by the plat, need not be also presented 
 orally, but any additional facts may properly be so shown. From the 
 plat and affidavits, it appears that the appellants desire the school-house 
 site to be located about one-half mile south of the site on which the board 
 resolved to erect a new house. The location of roads and dwellings in 
 the subdistrict would seem to indicate that the point selected by the 
 board will quite as well subserve the convenience of the inhabitants as 
 that desired by the appellants. Under these circumstances the discretion- 
 ary power of the board cannot properly be interfered with. Edwards v. 
 District Township of West Point. Archer v. District Township of Warren. 
 
 AFFIRMED. 
 ALONZO ABERNETHY, 
 
 August 30, 1875. Superintendent of Public Instruction. 
 
58 SCHOOL LAW DECISIONS. 
 
 E. '(COSTING v. DISTRICT TOWNSHIP OF LINCOLN. 
 Appeal from Plymouth County. 
 
 1. SCHOOL-HOUSE SITE: Location of. The action of a committee appointed by 
 the board to locate a site is of no force until officially adopted by the board 
 while in session. 
 
 2. . Snbdistrict boundaries cannot be changed upon an appeal relating 
 
 solely to the location of a site, nor can a site be located with the expectation 
 that boundaries will be changed, unless such is shown to be the intention of 
 the board. 
 
 3. APPEAL. The right of appeal is confined to persons injuriously affected by the 
 . decision or order complained of. Ordinarily a person living in one subdistrict 
 cannot appeal from an action of the board locating a site in another. 
 
 A committee appointed by the board of the above named district 
 township to locate a school-house site for the accommodation of the 
 residents of subdistricts number seven and nine, reported that they had 
 selected the northwest corner of section ten, and afterward that they had 
 chosen instead, a site about eighty rods east of the northwest corner of 
 section eleven. There is no record showing that any action was taken 
 by the board in relation to these reports. 
 
 Subdistrict number nine consists of the east one-half of congressional 
 township number 90, range 45. 
 
 E. Gosting, the appellant, resides in subdistrict number seven, which 
 comprises the west one-half of the same congressional township. The 
 decision of the county superintendent is as follows: "After consider- 
 ing the evidence and the plat introduced, I sustain the committee in 
 their first location at the northwest corner of section ten of said town- 
 ship." From this decision D. M. Relyea appeals. 
 
 The power to locate school-house sites is vested in the board of di- 
 rectors. Section 1724, School Laws of 1874. The action of a committee 
 appointed by the board to locate a school-house site is of no force until 
 their report is officially adopted by the board while in session. 
 
 Section 1725 provides that the board ki shall determine where pupils 
 may attend school; and for this purpose may divide their district into 
 such subdistricts as may by them be deemed necessary." The object of 
 dividing a district township into subdistricts is to determine where pupils 
 shall attend school. While it is frequently the case that pupils may 
 more conveniently attend school in an adjoining subdistrict, it would 
 obviously be improper to locate a school-house site expressly for the 
 accommodation of such pupils, unless with the intention of subsequently 
 
SCHOOL LAW DECISIONS. 59. 
 
 making a redivision of the district township. The county superintendent 
 has jurisdiction only of the matter to which the appeal relates. He can- 
 not properly upon an appeal relating to the location of a school-house 
 site change subdistrict boundaries, nor can he locate a school-house site- 
 with the expectation that such boundaries will ultimately be changed,, 
 unless such is shown to be the intention of the board. 
 
 The right to appeal from actions of the board is confined to persons 
 injuriously affected by the decision or order of which complaint is made. 
 Section 1829. Ordinarily, a person living in one subdistrict cannot 
 properly appeal from an action of the board locating a school-house site 
 in another. 
 
 The decision of the county superintendent is set aside, and the loca- 
 tion of the school-house site is left to the discretion of the board. 
 
 KEVEESED. 
 ALONZO ABERNETHY, 
 
 September 7, 1875. Superintendent of Public Instruction.. 
 
 J. E. BROWN v. DISTRICT TOWNSHIP OF VAN METER. 
 Appeal from Dallas County. 
 
 1. APPEAL. The adoption of the committee's report in favor of retaining the x 
 old school-house site, is an action from which appeal may be taken. 
 
 2. BOARD OF DIRECTORS. The action of the board cannot be reversed upon the- 
 allegations of appellant without proof, or by reason of failure of the board to- 
 make defense. 
 
 . The acts of the board are presumed to be regular, legal and 
 just, and should be affirmed on appeal, unless proof is brought to show the 
 contrary. 
 
 4. : Discretionary acts of. The weight which properly attaches to> 
 
 the discretionary actions of a tribunal vested with original jurisdiction, does- 
 not apply to the decisions of an inferior appellate tribunal. 
 
 The county superintendent reversed the action of the board in selecting^ 
 the old site in subdistrict number two, upon which to erect a new schooL- 
 house, and located the site about eighty rods westward of the old one.. 
 From this decision the district township appeals, claiming in substance- 
 that the county superintendent erred as follows: That there was no action- 
 of the board relative to the selection of a school-house site in subdistrict. 
 number two from which an appeal would lie; that the board failed, by 
 reason of a misunderstanding, to appear and defend, and that they were* 
 unjustly refused a rehearing; that the old site was suitable, convenient,, 
 and at the center of population, both present and prospective; and that 
 the reversal of the action of the board was without sufficient cause, there 
 being no evidence that they abused their discretionary power or acted 
 with injustice. 
 
^0 SCHOOL LAW DECISIONS. 
 
 From the transcript it appears that a committee was appointed to select 
 a site for the erection of a school-house in subdistrict number two, that 
 they reported in favor of the old site, and that their report was adopted 
 by the board. The law provides that an appeal may be taken by any 
 party aggrieved, from any order or decision of the board. 
 
 That there was an action of the board, and that the subject-matter to 
 which such action relates is the location of a school-house site in sub- 
 district number two, there can be no reasonable doubt, hence the action 
 ^of the board was subject to appeal, and such appeal gave to the county 
 superintendent jurisdiction in the matter of location of said school- 
 house site. Gosting v. District Township of Lincoln. 
 
 It is the duty of the county superintendent to give due notice to all 
 parties directly interested in an appeal from the board, and to afford full 
 opportunity for the presentation of evidence, but the action of the board 
 cannot properly be reversed upon the allegations of the appellant with- 
 out proof, or by reason of the failure of the board to be present and 
 make defense. The acts of the board are presumed to be regular, legal 
 and just, and should be affirmed by the county superintendent unless 
 proof is brought to show the contrary. Bacon et al. v. District Town- 
 ship of Liberty, page 150, School Law Decisions of 1876. In this case, 
 however, the board appear to have had due notice and ample oppor- 
 tunity to defend the case. It is not claimed that any additional evidence 
 could be produced that would materially affect the issue; but that the 
 board, understanding through popular report that the case was with- 
 drawn, failed to be present at the trial, and upon this ground ask for a 
 rehearing, which was very properly refused. 
 
 The site selected by the county superintendent is nearly central, being 
 eighty rods west of that chosen by the board. Both appear to be 
 .suitable. The eastern part of the subdistrict is mostly prairie land, while 
 the western portion is, to a considerable*extent, timber land. 
 
 The evidence as to which site will better serve the interests and con- 
 venience of the residents of the subdistrict is conflicting. The board is 
 entitled to the benefit of any doubt upon this point. Unless it is clearly 
 proven that they have violated law, abused their discretionary power, or 
 have acted with manifest injustice, their action should be affirmed. 
 ^Edwards v. District Tovinship of West Point. 
 
 It is urged by the appellee that the same weight attaches to actions of 
 
 an inferior appellate tribunal, upon appeal, that is given to tribunals 
 
 having original jurisdiction. It is held that the action of the board in 
 
 matters of which they have original jurisdiction, is alone entitled to this 
 
 consideration by any superior tribunal upon appeal. 
 
 REVERSED. 
 ALONZO ABERNETHY, 
 
 September 17, 1875. /Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 61' 
 
 D. R. LANG et al. v. DISTRICT TOWNSHIP OF LINN. 
 Appeal from Warren County. 
 
 1. APPEAL. Where changes are effected in district boundaries by the concurrent 
 action of two boards, appeal may be taken from the order of the board con- 
 curring or refusing to concur, but not from the order of the board taking 
 action first. 
 
 2. NOTICE. The appearance of a party at the hearing is a complete waiver of 
 notice. 
 
 3. DISTRICT BOUNDARIES. In the determination of district and subdistrict 
 boundaries, temporary expenditures and individual convenience should be 
 subordinated to the more important considerations relating to simplicity of 
 outline, compactness of shape, uniformity of size, and permanence of sites 
 and boundaries. 
 
 Sections 1 and 12 of Linn township have been attached to Greenfield! 
 township for school purposes, and with sections 5, 6, 7, and 8, thereof, 
 constitute a subdistrict in the district township of Greenfield, the school- 
 house being in the southwest corner of section 5. 
 
 The boards of both Greenfield and Linn townships, at their regular 
 meetings in September, 1874, adopted a motion to the effect that sections 
 1 and 12 be restored to Linn township, but at a subsequent meeting, the 
 Linn township board rescinded their action. Again, at the regular 
 meeting in September, 1875, both boards took action, the Greenfield 
 board adopting, and the Linn, rejecting, the motion for restoration. 
 Appeal being taken from the decision of the Linn board, the county 
 superintendent reversed their action, and H. M. Close, president of the 
 board, appeals. 
 
 The allegations of the appellant, that the county superintendent had 
 no jurisdiction, it being a case requiring the decision of two boards of 
 directors, was not established, since the board of Greenfield township 
 had acted affirmatively upon the question of transfer. Dayton v. District 
 Tovinship of Cedar, page 128, School Law Decisions of 1872. 
 
 It was alleged, that by reason of insufficiency of notice, interested 
 parties were not present at the trial before the superintendent; but the 
 appearance of the president of the board was a complete waiver of notice. 
 
 It would appear that the territory in question was legally restored to- 
 -inn township by the concurrent action of the two boards interested, in 
 
 jptember, 1874, but, as the Linn township board, at a subsequent 
 
 teeting, rescinded their action relating thereto, it continued under the 
 
 irisdiction of the Greenfield board, until transferred by the decision of 
 county superintendent. 
 
6-2 SCHOOL LAW DECISIONS. 
 
 The affirmance of the decision of the superintendent will involve the 
 district in some expense, and will be attended with some inconvenience 
 to a portion of the residents of the territory affected thereby, which, by 
 .a reversal, might be postponed, but only postponed, since the element 
 which has so persistently sought this territorial restoration, will doubt- 
 less continue its efforts until successful. It will, on the contrary, be in 
 record with the expressed wishes of the Greenfield board, and of a large 
 minority of that of Linn. It will restore the boundaries to their normal 
 condition, will render practicable the formation of subdistricts of com- 
 pact shape and uniform size, will tend to secure, at an early day, the 
 permanent location of school-house sites and subdistrict boundaries, and 
 it is believed will contribute to the harmony and best interests of the 
 district. 
 
 AFFIRMED. 
 ALONZO ABEKNETHY, 
 
 February 25, 1876. Superintendent of Public Instruction. 
 
 JOSEPH HAYS v. DISTRICT TOWNSHIP OF CHESTER. 
 Appeal from Poweshiek County. 
 
 1 . APPEAL. Appeal may be taken from the action of the board in laying the 
 subject-matter of a petition on the table. 
 
 '2. TESTIMONY. Sufficient latitude should be allowed in the introduction of testi- 
 mony to permit a full presentation of the issues involved, even if irrelevant 
 testimony is occasionally admitted. 
 
 Subdistrict number one is composed of sections 1, 2, 11, 12, 13 and 
 14, and subdistrict number six of said district township is composed of 
 .sections 23, 24, 25, 26, 27, 34, 35 and 36. A petition was presented to 
 the board praying that sections 1, 2, 11 and 12 be made a subdistrict. 
 "The board being in session, a motion was made to form one subdistrict, 
 to be composed of said sections, 1, 2, 11 and 12, and another subdistrict 
 to be composed of sections 13, 14, 23 and 24. This motion was lost, 
 reconsidered, and again lost, when on motion the whole subject was laid 
 on the table. 
 
 Upon appeal the county superintendent made an order for the forma- 
 tion of two subdistricts as follows: subdistrict number one to consist of 
 sections 1, 2, 11 and 12, subdistrict number six to consist of sections 13, 
 14, 23 and 24. Winchester Stockwell, on behalf of the board, appeals. 
 
 At the hearing before the county superintendent the appellee moved 
 to dismiss the case for the reason that the secretary's transcript shows 
 the subject-matter complained of to be still pending before the board, 
 .and that no final decision or order had been made in relation to the case. 
 
SCHOOL LAW DECISIONS. 63 
 
 From the transcript it appears that the board had twice refused by direct 
 vote to form the subdistricts in question. The subsequent motion to lay 
 the whole matter on the table was a convenient method of preventing 
 further discussion. The motion to dismiss the case was properly over- 
 ruled. 
 
 One of the errors assigned in the affidavit is, that the superintendent 
 permitted the introduction of testimony pertaining to matters outside of 
 those presented by the appeal. If this were true, which is not apparent 
 from the record, it would not form a valid ground for reversal. 
 
 Considerable latitude should be allowed in the introduction of testi- 
 mony, to make a full presentation of the issues of the case, even if 
 irrelevant testimony is occasionally admitted. 
 
 Some of the residents upon the territory in question have an unreason- 
 able distance to send to school. The change made by the superintend- 
 ent establishes two subdistricts of uniform size and shape, and will 
 probably permit the erection of school-houses on permanent sites, con- 
 venient of access for all, and it is believed will eventually prove to be 
 for the best interests of the district. 
 
 AFFIRMED. 
 ALONZO ABERNETHY, 
 
 April 15, 1876. Superintendent of Public Instruction. 
 
 MARY M. THOMPSON v. DISTRICT TOWNSHIP OF JASPER. 
 Appeal from Adams County. 
 
 1. TEACHER. When a teacher is dismissed in violation of his contract, an action 
 in the courts of law will afford him a speedy and adequate remedy; when dis- 
 charged for incompetency, dereliction of duty, or other cause affecting his 
 qualifications as a teacher, he has the right of appeal. 
 
 2. . The teacher is entitled to the counsel and co-operation of the sub- 
 director and board in all matters pertaining to the conduct and welfare of the 
 school. 
 
 The board discharged Miss Mary Thompson for dereliction of duty as 
 teacher in one of the public schools of the district. She appealed to the 
 county superintendent who reversed their decision; from this action, the 
 board through their president, John McDevon, appeals. 
 
 At the hearing before the county superintendent the board filed a 
 motion to dismiss the case for want of jurisdiction, insisting that the 
 teacher having been dismissed in accordance with the provisions of sec- 
 tion 1734, her proper remedy was an action at law for damages. 
 
 When a teacher is dismissed in violation of his contract, an action in 
 the courts of law, on the contract, will afford him a speedy and adequate 
 
4: SCHOOL LAW DECISIONS. 
 
 remedy; when discharged for in competency, dereliction of duty, or other 
 cause affecting his qualifications as a teacher, he has the right of appeal 
 to the county superintendent, who is the proper officer to review ques- 
 tions of this character, and to determine whether the board have in the 
 exercise of their authority violated the law or abused their discretionary 
 power. Questions concerning the validity of contracts, the right to- 
 recover for services performed, and the interpretation of law, belong- 
 especially to judicial tribunals. Questions concerning the character and 
 qualifications of the teacher, and his management of the school, are, 
 by appeal, within the jurisdiction of the county superintendent. The 
 motion to dismiss was properly overruled. 
 
 The charges of dereliction were want of promptness in commencing 
 school in the morning, and an occasional refusal to hear the recitation of 
 one or more of her pupils. For this dereliction there appears to have 
 been some extenuating circumstances. Under the contract it was the 
 subdirector's duty to have fires built. The boy employed to do this- 
 work often failed to have the school-house in comfortable condition at 
 nine o'clock. The teacher usually made up lost time by teaching after 
 four o'clock, and there is no evidence that the subdirector or board ever 
 advised her with regard to the performance of her duties. The board 
 convened at the school-house without previous notice to the teacher, and 
 after taking the testimony of some of her pupils, unanimously voted to- 
 discharge her. AFFIRMED. 
 
 ALONZO ABEBNETHY, 
 
 May 8, 1876. Superintendent of Public Instruction. 
 
 S. W. WOODS et al. v. DISTRICT TOWNSHIP OF BRIGHTON. 
 Appeal from Cass County. 
 
 1. BOARD OF DIRECTORS. The acts of the board must be presumed to be regu- 
 lar, and should be affirmed on appeal unless positive proof is brought to show 
 the contrary. 
 
 2. SCHOOL-HOUSE SITE. The prospective wants of a subdistrict may properly 
 have weight in determining the selection of a site, when such selection be- 
 comes necessary, but not in securing the removal of a school-house con- 
 veniently located for the present. 
 
 3. . To make a distinction between the children of freeholders and 
 
 those of tenants in determining the proper location for a school-house, is con- 
 trary to the spirit and intent of our laws. 
 
 The board by a vote of five to two rejected a petition asking the re- 
 moval of the school-house in subdistrict number eight. On appeal the 
 county superintendent reversed the action of the board, and ordered the 
 
SCHOOL LAW DECISIONS. 65 
 
 removal of the school-house to the place named in the petition. Wm. 
 F. Altig appeals. 
 
 Subdistrict number eight contains sections 27, 28, 33, 34, and sixty 
 acres lying in section 32, and has a good, commodious school-house r 
 erected three years ago, one-half mile west of the center, on arpnblic 
 road passing east and west through the center of the subdistrict. There 
 are about thirty children of school age in the subdistrict, twenty-two of 
 whom reside in the western half, and nineteen west of the present site. 
 All those residing east of the present site, except one child, are within a 
 mile and a half of the school-house, while by the proposed removal, a 
 large number would be at a greater distance. 
 
 The action of the board in refusing to remove a school-house should 
 not be interfered with on appeal, except upon evidence of violation of 
 law, or abuse of discretionary power. In this case there is no evidence 
 of such abuse. The prospective wants of a subdistrict may properly have 
 weight in determining the selection of a site upon which to build a school- 
 house, when such a selection becomes necessary, but not in determining 
 the removal of a house, located conveniently for the present wants of the 
 subdistrict. 
 
 It appears that a considerable portion of the school population consists 
 of the children of tenants, and much stress is laid upon the assumed dis- 
 tinction that should be made between the children of tenants and those 
 of freeholders, in determining the proper location of the school-house. 
 Distinctions based upon the ownership of property, or permanence of 
 residence are not made in the law, would not well comport with the funda- 
 mental principles upon which our public school system is based, and 
 should not have weight in determining the location of school-house sites. 
 It is the duty of the board to provide equal school facilities for the youth 
 of the district as far as practicable, regardless of considerations relating 
 to permanence of residence. 
 
 The school-house may properly be removed whenever the conditions of 
 the subdistrict require it, but unnecessary expense should not be incurred 
 in such removal in anticipation of possible, or even probable, changes of 
 this character. 
 
 R/E VERSED 
 
 ALONZO ABERNETHY, 
 
 July 31, 1876. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 
 
 J. N. ARTHUR et al. v. INDEPENDENT DISTRICT OF FAIRWAY. 
 Appeal from Adams County. 
 
 H. SCHOOL-HOUSE SITES: Location of. The necessities of the present must be 
 observed in locating school-house sites, in preference to the probabilities of 
 the future. 
 
 2. NEW EVIDENCE. New evidence can be introduced only when the facts mate- 
 rially affecting the case could not have been known before the trial. 
 
 3. REMANDING OF CASES. When the evidence discloses that the action of the 
 board was an unwise one, and the facts are not sufficiently shown to determine 
 what should be done, the case should be remanded to the board. 
 
 In this case the board of the independent district of Fairway made 
 ;an order on the 26th of April relocating the school-house site; from this 
 order J. N. Arthur and others, residents of the district, appealed to the 
 'County superintendent, and upon his affirming the action of the board, 
 sto the superintendent of public instruction. 
 
 The district consists of sections one, two, eleven, twelve, thirteen and 
 -fourteen, and the old school-house stands near the southwest corner of 
 the southeast quarter of section one. The proposed new site is in the 
 morthwest corner of the southwest quarter of the northwest quarter of 
 -section twelve, on a public highway, and one quarter of a mile north of 
 the geographical center of said district. 
 
 The grounds of objection by the appellants to the removal are substan- 
 tially, that the new site is on low bottom lands and subject to overflow, 
 not accessible at all times of the year, and that it is not as near the cen- 
 ter of the school population as the old site. They also suggest that a 
 location at the cross roads one-half mile east of the new site is better 
 ground and more convenient to the people. In fixing the school-house 
 site, the geographical position and the convenience of the people of each 
 portion of the district should be considered. Section 1724, School Laws 
 of 1876. 
 
 From the large amount of testimony it is evident that the new site 
 chosen is in a low place, and an affidavit sent to this office, and signed by 
 a number of residents, proves beyond question that the site has been 
 overflowed for several days of the last month. By a close comparison it 
 is found that the number of residents who will have their distance to 
 school increased by choosing the new site, is greater than of those who 
 will have their distance diminished. By locating the school-house at the 
 cross roads, one-half a mile east of the proposed new site, which location 
 
SCHOOL LAW DECISIONS. 67 
 
 is claimed to be higher, and therefore less liable to overflow, three- 
 fourths of the residents will have their distance diminished by forty to 
 one hundred and sixty rods. 
 
 Although it may be true, as is affirmed in the testimony, that the west- 
 ern part of the district is as capable of settlement as the eastern part the 
 necessities of the present must be observed in locating school-house sites, 
 in preference to the probabilities of the future. While it is the rule of 
 this department to sustain discretionary acts of the board, it seems that 
 in this case the true interest of all concerned, and justice to a large por- 
 tion of the people, demands that the school-house should not be moved 
 to the new site chosen. 
 
 To what extent the high waters of last month did affect the other loca- 
 tions under consideration, is not known to this department, it is therefore 
 best to let the matter come up anew before the county superintendent for 
 a rehearing. The decision of the county superintendent is therefore re- 
 versed, and the case remanded for a rehearing, with the direction from 
 this department that the proposed new site is an unsuitable one for school 
 purposes. 
 
 REVERSED. 
 C. W. VON COELLN, 
 
 October 31, 1876. Superintendent of Public Instruction. 
 
 R. BUZZARD v. INDEPENDENT DISTRICT OF LIBERTY. 
 from Monroe County. 
 
 QUO J \VARRANTO. The only proper means of affirming the right to exercise the 
 privileges of an office, or to contest the illegal exercise of the same, is set forth 
 in sections 3345-3352. 
 
 This is an action brought to compel the board of the independent dis- 
 trict of Liberty to recognize R. Buzzard as a member elect. 
 
 The evidence in the case seems to show that the appellant was duly 
 elected and qualified. On presenting himself at the meeting of the 
 board, he was by vote of the board debarred from acting, and another 
 person admitted as a member. From this order of the board he appealed 
 to the county superintendent, who dismissed the case for want of juris- 
 diction. From this action R. Buzzard appeals. 
 
 It has been the uniform decision of this department that the right or 
 title to office cannot be determined by any authority other than a court 
 of u [law. W e are compelled to agree with former opinions, by supreme 
 court^decisions, 16 Iowa, 371, 17 Iowa, 368, 22 Iowa, 75, in which the fact 
 
68 SCHOOL LAW DECISIONS. 
 
 that an information quo warranto is the only proper means legally to 
 affirm the right to exercise the privileges of an office or to contest the 
 illegal exercise of the same, is clearly set forth. 
 
 In all cases over which we have jurisdiction, our decision is final; 
 hence, if for no other reason, we cannot assume jurisdiction in this mat- 
 ter, as both parties have access to the courts, as provided by sections 
 3345-3352 of the Code. The county superintendent therefore very 
 properly decided to dismiss the appeal, and his order is hereby 
 
 AFFIRMED. 
 C. W. VON COELLN, 
 
 July 2, 1877. Superintendent of PMic Instruction. 
 
 J. J. WILSON et al. v. DISTRICT TOWNSHIP OF MONROE. 
 Appeal from Mahaska County. 
 
 1. COUNTY SUPERINTENDENT: Jurisdiction of. The county superintendent is 
 not limited to a reversal or affirmance of the action of the board, but he deter- 
 mines the same questions which they had determined . 
 
 2. SCHOOL-HOUSE SITE: Location of. The location of a school-house can be 
 dependent upon a change of boundaries only when it is shown in evidence that 
 it is the definite and positive intention to make such a change. 
 
 3. CONDITIONAL RULING. A county superintendent may make a conditional 
 ruling, by which his own decision is governed. 
 
 On the 14th day of April, 1877, the board of the above named dis- 
 trict township located the site for a school-house. From their action J. J. 
 Wilson and others appealed to the county superintendent, alleging that 
 the board had erred in making the location, in that, by reason of dis- 
 tance owing to the location of the roads, the location as made effectually 
 deprived many of the subdistrict of the privilege of attendance at school. 
 On trial, the county superintendent reversed the action of the board and 
 located a new site. From his decision the board appealed to this 
 department, claiming that the county superintendent erred in selecting 
 a site entirely different from those with reference to which testimony was 
 taken; that it is on the extreme east line of said subdistrict, and hence 
 cannot be called at all central; that the board took into account in making 
 the location the possibility of a change in the northern boundary of the 
 subdistrict, which would make the situation chosen a suitable one for the 
 remaining subdistrict; that a portion of his decision was conditional and 
 void; and that the board did not abuse the discretion vested in them by 
 making the location as they did. 
 
SCHOOL LAW DECISIONS. 69 
 
 The assumption that the county superintendent did not have the right 
 to locate a school-house site differing in location from the one made by 
 the board, or the one petitioned for by the appellants, is a mistake. See 
 John Clark v. District Township of Wayne, School Law Decisions of 1876, 
 page 47; also the opinion of the attorney general in Iowa School-Journal 
 for April, 1866, in which the following ruling was made: "The county 
 superintendent is not limited to a reversal or affirmance of the action of 
 the board, but he determines the same questions which it had deter- 
 mined." 
 
 The nature of the subdistrict is peculiar. It is long and narrow, and 
 its western boundary, the North Skunk river, which also makes nearly 
 all its southern boundary, is a disturbing element when we attempt to 
 locate the site of a school-house to accommodate all the people. While 
 under ordinary circumstances a site near the boundary of a subdistrict 
 would be unadvisable, in this case it seems necessary, unless additional 
 road facilities can be secured. The site selected by the county superin- 
 tendent is clearly the one best calculated to accommodate the whole sub- 
 district as constituted at present. 
 
 The location of a school-house site can be dependent upon a change of 
 boundaries only when it is shown in evidence that it is the intention of 
 the board, or boards, to make such change. E. Gosting v. District 
 Township of Lincoln. In this case, it is not claimed that any change is 
 actually intended or expected. The limit, as made provisionally by the 
 county superintendent, of thirty days for such changes of road&as would 
 make a more central location feasible and desirable, was too short a time, 
 under the provisions of law, to effect the result. For that reason we shall 
 extend the time for the establishment of a road to ninety days from the 
 date of his decision, or to such time as the board of directors may show 
 to be necessary to establish the road, provided that immediate steps shall 
 be taken to bring about the result, if desired. 
 
 The discretion of the board was evidently abused in not providing 
 equal school facilities for those living in the northern portion of the sub- 
 district, by their location of the school-house site. 
 
 In case the road contemplated is secured, the board may locate the site 
 thereon, as near the center of the subdistrict as good and suitable ground 
 can be found. If no steps are taken to secure such a road, or in case 
 the road cannot be procured, the location last chosen by the county 
 superintendent is to be regarded .as the site, and his decision is hereby 
 
 AFFIRMED. 
 C. W. VON COELLN, 
 
 August 7, 1877. Superintendent of Public Instruction. 
 
70 SCHOOL LAW DECISIONS. 
 
 KENNON, ORME, et al. v. INDEPENDENT DISTRICT NUMBER FOUR, NOD- 
 AWAY TOWNSHIP. 
 
 Appeal from Adams County. 
 
 1. SCHOOL-HOUSE SITE. The choice of a school-house site by the electors has no 
 binding effect. 
 
 2. DISCRETIONARY ACTS. Since the board have original jurisdiction, their dis- 
 cretionary acts should not be interfered with by an appellate tribunal, although 
 not agreeing with their judgment, unless they violated law, showed prejudice 
 or malice, or abused their discretion in such manner as to require interference. 
 
 At the annual meeting in March, 1877, the electors of independent 
 district number four, Nodaway township, voted to issue bonds to build 
 a school-house, not specifying where to build said house. The board 
 called an informal meeting of the electors, which was held May 12, to 
 give expression to their views as to the location they would prefer. On 
 the second of June the board made a location differing from the one 
 which a majority of the electors had indicated as their choice. From 
 this order of the board, Kennon, Orme and others appealed to the 
 county superintendent, who on trial reversed the order of the board, and 
 selected the site chosen by the electors at the special meeting. David 
 Shipley and Joseph Landes. members of the board, appeal. 
 
 The evidence in the case discloses a desire on the part of the board to 
 determine without prejudice, the best site. The expression of the electors 
 as given, was only suggestive, and not of binding force. If the site had 
 been fixed by them at the time of, and in connection with, the voting of 
 the bonds, the board would have been compelled to follow those instruc- 
 tions. See Hubbard v. District Township of Lime Creek, first division of 
 syllabus. But there is no provision in law for an extra or special meeting 
 of electors to instruct a board with regard to the location of a site, nor 
 are such suggestions of any force except as an expression of opinion, 
 since the board are by law invested with the power to locate sites. 
 
 The fact that one member of the board changed his mind with regard 
 to the best location, shows that on further consideration his judgment led 
 him to favor the site best adapted to the needs of the district, since we 
 may not question his motives, but must regard his action as based upon 
 proper grounds. 
 
 The site chosen by the board is near the geographical center of the 
 district, and the location of the roads, as shown by the plat in evidence, 
 is such as would not warrant us in reversing the discretionary act of the 
 board. And even though an appellate tribunal does not fully coincide 
 
SCHOOL LAW DECISIONS. 71 
 
 with the decision of the board, it is compelled to sustain their action, 
 unless it is proved conclusively that they violated law, acted with passion 
 or prejudice, or with manifest injustice, since boards of directors are 
 invested by law with large discretionary powers, and taving original 
 jurisdiction, their acts are entitled to great consideration, and should not 
 be reversed without the clearest reasons. The board are entitled to the 
 benefit of every doubt. See Bacon v. District Township of Liberty, 
 School Law Decisions of 1876, page 150, Edwards v. District Township 
 of West Point; also Brown v. District Township of Van Meter. 
 
 The superintendent should have affirmed the action of the boar'd, and 
 because we do not believe that the discretionary power of the board has 
 been abused to such an extent as to require a reversal, his decision i& 
 
 hereby 
 
 REVERSED. 
 
 C. W. VON COELLN, 
 
 November 13, J87T. Superintendent of Public Instruction* 
 
 T. J. DUNLAVY v. O. M. KLINGINSMITH. 
 Appeal from Davis County. 
 
 1. PUNISHMENT. The use of the rod is allowable as a last resort. 
 
 2. CERTIFICATE: Revocation of . The inability to govern is sufficient reason for 
 withholding a certificate and for the revocation of the same. 
 
 3. ^ . A certificate which has expired by limitation cannot be revoked. 
 
 In this case T. J. Dunlavy brought charges against O. M. Klingin- 
 smith, the teacher of his children, for brutal treatment, the specification 
 being that said Klinginsmith whipped Dunlavy's stepson cruelly and 
 excessively. Other charges were first prepared, but finally withdrawn. 
 The county superintendent decided that the charges were not sustained, 
 and Mr. Dunlavy appeals to this department. 
 
 The claim made by appellants counsel, that all whipping is now nearly 
 frowned down by the people, if not by the courts, does not seem to be 
 well founded, when we consider the strong position taken by our own 
 court in 45 Iowa, 250. That the use of the rod is the last resort of a 
 good teacher, and is seldom used, we all admit; but scarcely an experi- 
 enced educator will say that the use of the rod should be absolutely dis- 
 continued. On the other hand, the counsel for appellee mistakes the 
 jurisdiction of the county superintendent, when he claims that such a 
 case as this one cannot affect the withholding or revocation of a certifi- 
 cate. 
 
72 SCHOOL LAW DECISIONS. 
 
 Although the general character of the teacher may be good, if he 
 should fail to be able to govern a school without the constant use of the 
 rod, and govern but poorly at that, it is the duty of the county superin- 
 tendent to protect the people from abuse by refusing to grant a certifi- 
 cate, or if he has granted it, he may revoke. 
 
 In the case before us, it is undoubtedly true that the boy who received 
 the whipping had provoked the teacher and deserved by his persistent 
 small offenses a severe punishment. That the punishment was severe, 
 and perhaps too severe, is apparent from the evidence. There is, how- 
 ever, no good proof to show that the teacher punished with malice or 
 intent to injure beyond a reasonable correction. 
 
 The case itself ought to have been dismissed by the county superin- 
 tendent, because if there was any object in the charges, it was for the 
 purpose of revoking the certificate; but a certificate expiring by limita- 
 tion on the 6th of January could not be revoked on the 22d of January. 
 As long as the case was decided on its merits, we feel obliged to sustain 
 the discretionary act of the county superintendent. 
 
 AFFIRMED. 
 C. W. VON COELLN, 
 
 April 22, 1878. Superintendent of Public Instruction. 
 
 Z. DARNELL v. INDEPENDENT DISTRICT OF AMITY. 
 Appeal from Lucas County. 
 
 1. SUSPENSION OR EXPULSION. Suspension or expulsion of a scholar, in an inde- 
 pendent district, requires the action of the board by a majority, and the con- 
 currence of the president. 
 
 "2. RECORDS. The record of the secretary must be considered as evidence, unless 
 there is proof of fraud or falsehood. 
 
 The majority of the board of the independent district of Amity, 
 expelled Z. Darnell from their school for refusing to obey a rule of the 
 teacher. The said Darnell appealed to the county superintendent, who 
 affirmed the action of the board, and an appeal is taken to the superin- 
 tendent of public instruction. 
 
 Section 1735 requires a majority of the board with the concurrence of 
 the president in order to suspend or expel a scholar for gross immorality 
 or persistent violation of the regulations or rules of the school. This we 
 interpret to mean, that the board, in regular or special session, can by a 
 majority of the board, with the concurrence of the president, suspend or 
 expel. 
 
SCHOOL LAW DECISIONS. 73 
 
 While there is some doubt in this case whether there really was a 
 meeting of the board, we must accept the record of the secretary as 
 correct so long as there is no proof of fraud or falsehood. 
 
 Counsel for appellant seems to think that the law requires a regular 
 trial and defense. The law makes no such demand. The remedyJor an 
 aggrieved party is an appeal before the county superintendent, where a 
 trial is had and a defense can be made. 
 
 The case in controversy shows on the trial that the young man, Dar- 
 nell, had not obeyed the command of his teacher, who inflicted a slight 
 punishment upon him and others, fora disturbance in which both he and 
 other boys had participated. If this refusal to obey was persisted in, 
 the board, under section 1735, had the right to suspend or expel the said 
 Darnell. The offense for which the punishment was given \as perhaps 
 of trivial character, but the refusal to obey on the part of a young man 
 capable of reasoning, was a serious offense, and must be treated as such. 
 
 The expulsion of the young man was undoubtedly a severe measure, 
 and if the case had been tried by us de novo, we should have substituted 
 a conditional suspension until obedience was secured. But the discre- 
 tionary act of the board is not tainted by malice nor passion, and there 
 is sufficient reason for sustaining the action of the board. The decision 
 of the county superintendent is therefore 
 
 AFFIRMED. 
 0. W. VON COELLN, 
 
 June 10, 1878. ' Superintendent of PMic Instruction. 
 
 WM. DONALD v. DISTRICT TOWNSHIP OF SOUTH FORK. 
 Appeal from Wayne County. 
 
 1. SALARY OF TEACHERS. The salary of teachers should be in proportion to their 
 ability and responsibility, and not equal when these circumstances differ 
 materially. 
 
 . The control of salaries is wholly within the power of the board 
 and cannot be determined by an appeal, because it is not within the jurisdic- 
 tion of county or state superintendent to order the payment of money. 
 
 On the 18th day of March, 1878, the board of the district township of 
 South Fork made an order fixing the salaries of teachers in the town- 
 ship for the summer schools at the uniform price of twenty dollars per 
 month. From this action William Donald appealed to the county super- 
 itendent, who affirmed the action of the board. From his decision 
 
 Illiam Donald appeals. 
 
74: SCHOOL LAW DECISIONS. 
 
 It is alleged by the appellant that the county superintendent erred in 
 deciding that the board did not violate law in voting that the same amount 
 of salary should be paid to the teacher in each subdistrict. It is claimed 
 that the board' should have provided for a higher salary in some schools- 
 of the township. 
 
 The difficulty with appellant's counsel is that he believes the note to- 
 be a part of the law. My predecessor gave his own views of the employ- 
 ment of teachers and I most fully agree with him in his view. The law 
 leaves the whole matter to the directors and presumes that they will deal 
 equitably. Unfortunately, selfishness is a nearly universal characteristic 
 of human kind, and too often the majority, representing weak districts,, 
 weak both in numbers and in property, demands an equal distribution of 
 the money x>n hand for teachers' pay. 
 
 The law organizing the rural independent districts, passed in 1872 ? 
 arose from the feeling that this selfishness was working injustice to little 
 towns and wealthy and populous subdistricts. The creation of these 
 independent districts works an injustice to the weaker districts, for it is 
 proper and desirable that the wealthier districts should aid their weaker 
 neighbors to sustain fair schools. 
 
 With regard to this case, we do not see wherein the board violated 
 law. The idea of prejudice is slightly apparent from the testimony, but 
 not sufficiently to reverse the action of the board. That equity has not 
 been observed seems very evident, for it must be presumed that a larger 
 school population requires a better teacher, and if a better and more 
 experienced teacher is needed, a better salary ought to be paid. There 
 are other considerations. Generally the expense of living is greater in 
 the town than in the country. It is also the probability that a larger tax 
 is paid by the town than by the country. 
 
 We are not able at this distance to determine whether twenty dollars 
 is a sufficient compensation for the teacher of subdistrict number four of 
 South Fork. But if twenty dollars is only sufficient compensation for the 
 country subdistricts, it is our belief that a higher compensation should 
 be given for the teacher in the town. 
 
 It is out of our jurisdiction to give advice to the board what to do in 
 this case, after determining that we have no power to reverse their 
 action, but we suggest that equity would be served if they should pay 
 the -five dollars per month assumed by Mr. Anderson. After giving our 
 views thus in full, we must agree with the county superintendent, and 
 therefore the decision of the county superintendent is 
 
 AFFIRMED. 
 C. W. VON COELLN, 
 
 June 29, 1878. Superintendent of 'Public Instruction. 
 
SCHOOL LAW DECISIONS. 75. 
 
 JAMES JACOBY et al. v. INDEPENDENT DISTRICT OF NODAWAY. 
 Appeal from Adams County. 
 
 1. SCHOOL-HOUSE SITE. A school-house site fixed by county or state superin- 
 tendent affirming the discretionary act of the board, allows the board to exer- 
 cise their discretion again, especially if material changes have occurred. 
 
 . The endeavor to show regard for the expressed wishes of the- 
 
 electors in the choice of a site, will be an added reason in support of the action 
 of the board. 
 
 3. DISCRETIONARY ACTS. Suggestions from the electors upon matters entirely 
 within the control of the board will in no manner prevent the fullest exercise 
 of the discretion vested in the board by the law. 
 
 In the summer of 18177, the board of the independent district of Nod- 
 away located a school-house site. They selected one not desired by a 
 large majority of the electors, as expressed at an informal meeting called 
 by the board. An appeal was taken to the county superintendent, who 
 reversed the action of the board, and in turn to the superintendent of 
 public instruction, who reversed the decision of the county superintend- 
 ent, thereby sustaining the action of the board, on the ground that abuse 
 of the discretion given by the law to the board, as charged, was not 
 proved. 
 
 Since the decision above referred to was rendered, a dwelling has been 
 erected within twenty rods of the site chosen. Also, a material addition- 
 has been made to the district on its east side of a strip of land three miles 
 in length and one-half mile in width. 
 
 At a meeting of the board held April 22, 1878, they relocated the 
 school-house site, choosing the old site in place of the one selected by 
 them last year. From their action James Jacoby and others appealed 
 to the county superintendent, who affirmed the order of the board. From 
 his decision D. Shipley and Ed. Kennedy appeal. 
 
 This case was before us last year and we affirmed the action of the 
 board in selecting the new site, sustaining the discretionary act of the 
 board. Hence, the principle that a site selected by the county or state 
 superintendent cannot be changed unless there have been material 
 changes in the district, does not apply. There have been changes by 
 the addition of new territory and a dwelling being erected within less 
 than forty rods of the proposed site. The choice of the old site is in 
 conformity with the wish of a majority of the electors, and does not prove 
 any abuse of discretion, much less a violation of law. The action of the 
 board is therefore sustained, and the decision of the county superintendent 
 
 AFFIRMED. 
 C. W. VON COELLN, 
 
 August 26, 1878. Superintendent of Public Instruction. 
 
76 SCHOOL LAW DECISIONS. 
 
 L. E. COEMACK v. DISTRICT TOWNSHIP OF LINCOLN. 
 Appeal from Adams County. 
 
 1. CONTRACTS. An appeal will not lie to enforce a contract. 
 
 2. JA NITOKIAL SERVICES. If a teacher serves as janitor in sweeping the room and 
 building fires, he should be paid from the contingent fund for such services. 
 
 Mr. Vandyke, a subdirector, contracted with Mrs. L. E. Cormack as 
 teacher for the winter term of school. The terms of the contract included 
 that the teacher was to receive twenty-five dollars per month for teach- 
 ing and one dollar and twenty-five cents a month for building the fires 
 and sweeping the school-house. The board refused to audit the full 
 account, which would give the teacher pay for janitor's work, claiming 
 that the said subdirector exceeded his authority in so contracting. Mrs. 
 Cormack appealed to the county superintendent, who reversed the action 
 of the board. W. C. Potter, president of the board, appeals. 
 
 This case has evidently for its object the securing of money on contract, 
 and as section 1836 prevents county and state superintendents from ren- 
 dering a judgment for money, it has been the common custom to refuse 
 to entertain any appeal in which a contract is to be decided by such appeal; 
 for this reason the county superintendent should have dismissed the case 
 for want of jurisdiction. 
 
 It may not be out of place here to state that unless a contract with the 
 teacher provides that building fires and sweeping the house is included, 
 the board cannot lequire such service of the teacher. The payment for 
 such services should -come from the contingent fund and should be spe- 
 cifically mentioned. The teachers' fund is not to be used for paying for 
 janitorial services. 
 
 Without deciding any question at issue, we are of the opinion that the 
 subdirector did not exceed his authority given him by section 1753 when 
 he agreed to pay a reasonable sum for janitorial services besides the 
 twenty-five dollars paid under instruction from the board for teacher's 
 services. But since we do not consider the case within our jurisdiction 
 the decision of the county superintendent is reversed and the case dismissed. 
 
 REVERSED. 
 C. W. VON COELLN, 
 
 March 1, 1879. Superintendent of Public Instruction. 
 
 NOTE - We have since learned that the teacher recovered in a suit in the courts at law. 
 
SCHOOL LAW DECISIONS. 77 
 
 DISTRICT No. 2, HARLAN TOWNSHIP, v. DISTRICT No. 1, HARLANT 
 
 TOWNSHIP. 
 
 Appeal from Page County. 
 
 1. AFFIDAVIT. The lack of an affidavit is sufficient ground to refuse a hearing. 
 
 2. ARBITRATION. If the county superintendent is asked to arbitrate no appeal 
 will lie. 
 
 3. TUITION. Collection of tuition under section 1793 cannot be done by appeal ta 
 the county superintendent, but must be settled through the courts. 
 
 We fail to find in this case the affidavit of appeal from an action of 
 the board of number one. This of itself is such an irregularity as to- 
 invalidate the whole proceeding. From the secretary's transcript and 
 the evidence we learn that district number two presented a bill of tuition 
 to district number one, and that the latter refused to, pay the same, 
 whereupon the two boards agreed to an arbitration by the county super- 
 intendent. If this is the transaction we have no right to meddle with 
 such arbitration, and it should be adhered to by both parties. If the- 
 case had been regularly before the county superintendent on appeal, 
 based upon proper affidavit, our opinion is that the county superintend- 
 ent should have dismissed the case, as it was indirectly a judgment for 
 money, which neither county nor state superintendent can decide. The 
 manner of deciding such cases is indicated in section 1793. The account, 
 if refused, should have been presented to the county auditor, and by him 
 be paid from the next semi-annual apportionment. The other board has 
 a remedy by injunction upon the auditor. 
 
 We would add here that we have held that such a notice by a secretary 
 holds good only for the term, or for such longer time as the board may 
 agree upon. 
 
 At present, with the amendment made by the seventeenth general 
 assembly, chapter 41, no such account can be made except by consent of 
 the county superintendent, in which case no appeal will lie. 
 
 With these explanations we feel obliged to dismiss the case as not 
 within our jurisdiction. 
 
 DISMISSED. 
 C. W. VON COELLN, 
 
 April 24, 1879. /Superintendent of Public Instruction. 
 
78 SCHOOL LAW DECISIONS. 
 
 W. F. RANKIN v. DISTRICT TOWNSHIP OF LODOMILLO. 
 Appeal from Clayton County. 
 
 1. RECORDS. The record of the secretary shall be considered as evidence, and 
 cannot be invalidated by parol evidence unless there is proof of fraud or 
 falsehood. 
 
 2. TERRITORY: Transfer of. Where territory is to be transferred by concurrent 
 action of two boards to the district to -which it geographically belongs, a 
 majority of the members elect is not necessary, as required for the change of 
 subdistrict boundaries. 
 
 This appeal relates to the transfer of territory in the civil township of 
 Cass, which has belonged to the district township of Lodomillo since 
 1856, to the township to which it geographically belongs. 
 
 The board of the district township of Cass appointed a committee to 
 meet a committee chosen by the Lodomillo board, to agree upon terms 
 of transfer. The district township of Lodomillo also appointed a com- 
 mittee. The joint committee agreed upon a report, which the board of 
 Cass adopted September 16, 1878. On the 12th day of October, 1878, 
 the Lodomillo board, by a vote of four of the six members present of a 
 board of ten, also adopted the report and accepted the proposition 
 agreed to by the board of Cass. 
 
 From the action of the Lodomillo board W. F. Rankin appealed to the' 
 Bounty superintendent, who dismissed the case for want of jurisdiction, 
 and stated that the action of the board was plainly in violation of trie 
 law, since section 1738 requires a majority of the board to change the 
 boundaries of subdistricts. From this decision W. F. Rankin appeals. 
 
 The secretary's transcript of the transactions of the meeting of the 
 board of Lodomillo, held October 12, 1878, does not show any irregu- 
 larity in the transaction, does not show the number of members present, 
 nor the number of votes cast by which the motion was carried. 
 
 According to a well established principle of law the records of any 
 public or private corporation must be considered regular, and cannot be 
 . set aside by parol evidence, except under an allegation of fraud. Based 
 upon the evidence of the transcript the whole transaction was carried on 
 in conformity with law, and we can see no reason to interfere with the 
 action of the board. If we admitted the testimony of M. E. Axtel, 
 showing that only six members of a board of ten were present, and that 
 four of these six voted for the transfer, we would still hold that said 
 transfer was legally made. 
 
SCHOOL LAW DECISIONS. 79 
 
 The action of the board was not a change of boundaries of subdis- 
 tricts, but a transfer under section 1798. The territory transferred, 
 being part of districts organized before the law of 1858 took effect, 
 -could be transferred by concurrent action of the boards to the district to 
 which it geographically belongs, and the limitation of section^ 1T38, 
 requiring a majority of the board to change subdistrict boundaries, is 
 not applicable to this case. 
 
 The appeal is brought from the action of the board which concurred, 
 and is therefore taken in a proper manner. For the reasons set forth 
 the action of the board is sustained and the decision of the county super- 
 intendent is REVERSED. 
 
 C. W. VON COELLN, 
 
 May 28, 1879. Superintendent of Public Instruction. 
 
 L. B. COLBURN et al. v. DISTRICT TOWNSHIP OF SILVER LAKE. 
 Appeal from Palo Alto County. 
 
 1. EVIDENCE. To establish malice or prejudice on the part of the board, positive 
 evidence must be introduced. 
 
 2. COUNTY SUPERINTENDENTS. A county superintendent should not ask the state 
 superintendent to decide a case on appeal for him, but may ask for an inter- 
 pretation of law, either by the state superintendent, or through him, by the 
 attorney-general. 
 
 On the 25th day of August, 1879, the board of the district township of 
 Silver Lake fixed the location of a school-house on the old site. From 
 this order of the board, L. B. Colburn and others appealed to the county 
 superintendent, who affirmed the action of the board, and from this 
 decision the same parties appeal. 
 
 Among the errors enumerated, the appellants urge that the county 
 superintendent erred in holding that the board was not actuated by pas- 
 sion or prejudice. We fail to find any evidence establishing the exist- 
 ence of such malice or prejudice on the part of the board. Appellants 
 also claim that the county superintendent erred in basing his decision 
 on the verbal opinion of the state superintendent, given prior to the 
 hearing of the case. 
 
 This give,s us an opportunity of censuring a practice quite common 
 among county superintendents to ask the superintendent of public 
 instruction for his opinion in an appeal which is pending. I have made 
 it a universal practice to refuse answers upon the questions involved in 
 the particular case, and have given only general principles which should 
 
80 SCHOOL LAW DECISIONS. 
 
 govern county superintendents in determining cases of appeal. These 
 general principles are so well established that an intelligent county 
 superintendent ought to be familiar with them. 
 
 I believe that I advised the county superintendent in this case not to 
 measure the respective distances of the different locations from the geo- 
 graphical center, before the trial of the appeal. 
 
 It is proper for a county superintendent to ascertain the interpretation 
 of points of law, by securing an opinion from this department, or from 
 the attorney-general through this department. 
 
 Without fully determining the merits of the respective locations, we 
 must hold that the board did not abuse their discretion sufficiently to 
 warrant interference. The appellants failing to prove malice or preju- 
 dice on the part of the board, their order should stand, and the decision 
 of the county superintendent affirming their action is 
 
 AFFIRMED. 
 C. W. VON COELLN, 
 
 March 30, 1880. Superintendent of Public Instruction. 
 
 WM. BAKTLETT v. DISTRICT TOWNSHIP OF SPENCER. 
 Appeal from Clay County. 
 
 1. APPEAL. May be taken by any resident elector of the district, aggrieved by 
 an action of the board. 
 
 2. BOUNDARIES. Must conform to congressional divisions of land. 
 
 3. SCHOOL-HOUSE SITE: Proper location of '. Depends upon form of subdistrict. 
 
 4. TERRITORY. All territory must be included within some school district. 
 
 On the 22d day of October, 1881, the board of the above named dis- 
 trict township adopted the report of a committee locating a site for a 
 school-house in subdistrict number nine on the southeast corner of the 
 southeast quarter of section twenty-one. From their order, William 
 Bartlett appealed to the county superintendent, who reversed the action 
 of the board and located the site on the northwest corner of the north- 
 east quarter of the southeast quarter of section twenty-one. From this 
 decision of the county superintendent, C. F. Archer and D. A. Davis 
 appeal. 
 
 The counsel for the appellants files a motion to dismiss the appeal on 
 the ground that persons not parties to the hearing below are debarred 
 from appealing: to the superintendent of public instruction. It has been 
 repeatedly held that any person aggrieved may prosecute an appeal from 
 the decision of the county superintendent, unless the right of appeal has 
 
SCHOOL LAW DECISIONS. SI 
 
 been waived by previous agreement. See Edwards et al. v. District 
 Township of West Point, also Basting v. District Township of Lincoln. 
 
 The subdistrict in which the location was made was formed by action 
 of the board at their regular meeting in last September. The bounda- 
 ries fixed by the board at that time, as shown by the plats in evidence, 
 are the Little Sioux river and Prairie creek on the north, east and south, 
 and the half section line running north and south through sections eigh- 
 teen, nineteen, thirty and thirty-one, as the western boundary. 
 
 It is shown by the plat that the half mile strip on the western side of 
 the subdistrict is supposed not to belong to subdistrict number nine, and 
 it is stated by the county superintendent that this territory is supposed 
 to be temporarily attached to the adjoining township for school purposes. 
 We are compelled to notice this irregularity of boundaries, since the 
 proper location of any school-house obviously depends largely upon the 
 form and extent of the territory for which the house is designed. Section 
 
 1796, providing for the creation of subdistricts and for subsequent alter- 
 ations in their boundaries, contains the following: "Provided that the 
 boundaries of subdistricts shall conform to the the lines of congressional 
 divisions of land." 
 
 When government lines follow large streams, or other bodies of 
 water, a division is sometimes formed containing less than forty acres, 
 but unless such exception applies, the smallest congressional division is 
 the one-sixteenth of a section, or forty acres in a square form. In 
 fixing the boundaries of subdistricts no smaller subdivision can be made, 
 and a forty acre tract must be included in the subdistrict, or excluded, 
 as a whole. 
 
 The only provision of law by which the half mile strip could be 
 attached to the adjoining district township, is found in section 1797- The 
 transfer can be made only when natural obstacles intervene. It is appar- 
 ent from the plats in evidence that no large unbridged stream, or any 
 other natural obstacle, exists. Hence we must conclude that it is the 
 duty of the board of directors of the district township of Spencer to pro- 
 vide that the strip in question shall be a part of some subdistrict. It 
 seems probable that a portion of the territory referred to will naturally 
 fall to subdistrict number nine. 
 
 The county superintendent appears to have presumed that the subdis- 
 trict would ultimately include all the territory to the township line. That 
 the territory does belong to the district township of Spencer, unless it 
 has been attached to the adjoining township in accordance with section 
 
 1797, there can be no question. 
 
 Such being the facts in this case, and the evidence disclosing that the 
 
 I^oard did not exercise that care in selecting a site which is desirable 
 hen so many interests are involved, we are disposed to remand the case 
 8 
 
82 SCHOOL LAW DECISIONS. 
 
 to the board, with the suggestion that they adjust the boundaries of the 
 subdistrict, and determine upon some other site than the one chosen by 
 them, with the intention to furnish the best accommodation to all parties . 
 
 REVERSED AND REMANDED. 
 
 J. W. AKERS, 
 February 15, 1882. Superintendent of Pablic Instruction. 
 
 J. D. HANDERSHELDT v. DISTRICT TOWNSHIP OF DES MOINES. 
 Appeal from Jefferson County. 
 
 1. DISCRETION: Abuse of. Is not established by evidence showing that a differ- 
 ent action on the part of the board would have been preferred by the electors. 
 
 2. DISTRICT ORGANIZATION: Validity of. The county superintendent has no. 
 jurisdiction to determine the validity of district organization. 
 
 A petition was presented to the board asking that certain territory in 
 Des Moines township be set aside to form, in connection with territory 
 to be obtained from the independent district of Liberty number eight, a 
 new subdistrict to be known as subdistrict number nine, Des Moines 
 township. 
 
 The board acted on this petition and made the following order: " In 
 the matter of the petition of J. D. Handersheldt and Silas Pearson, ask- 
 ing for the formation of a new subdistrict to be known as number nine, 
 in the district township of Des Moines. All the territory within the 
 boundary lines therein described, is hereby granted, provided sufficient 
 territory be granted by the independent school district of Liberty num- 
 ber eight, to make a suitable and convenient subdistrict as to the amount 
 of territory and the number of children of school age; and provided, 
 that in case the territory is not granted by said independent district of 
 Liberty number eight, then said territory hereby granted shall remain 
 and be a part of subdistrict number five, of the district township of Des 
 Moines." 
 
 On the 28th day of April, 1882, the board of the district township of 
 Des Moines, at a special meeting, adopted the following resolution: "It 
 is hereby ordered that all action heretofore taken by the board of the 
 district township of Des Moines, in the formation and organization of 
 subdistrict number nine, in the above named township, is hereby 
 rescinded." 
 
 From this action of the board, J. P. Handersheldt appealed to 
 the county superintendent, who upon hearing the case on appeal ren- 
 dered the following decision: U A resolution passed rescinding an action 
 
SCHOOL LAW DECISIONS. 33 
 
 which has not as yet taken effect, is legal, but so far as it concerns form- 
 ation and organization which is already completed, it is illegal." From 
 this action or decision of the county superintendent, J. D. Handersheldt 
 appeals. 
 
 It appears from the transcript of the county superintendent 4hat the 
 witnesses were not sworn, as required by section 1834, School Laws of 
 1880. According to the uniform holding of this department, a failure to 
 take testimony under oath is fatal to the case, even though from its 
 nature it came properly before the county superintendent on appeal. 
 
 A brief examination will be sufficient, we think, to show that this 
 action should have been dismissed by the county superintendent for want 
 of jurisdiction, since no appeal will lie when the validity of district 
 organization is involved. 
 
 This appeal was taken from the action of the board to the superin- 
 tendent, for the purpose of determining whether or not the board erred 
 in rescinding their former action creating subdistrict number nine. There 
 was very little evidence bearing on this, the sole issue in the case. Wit- 
 nesses simply stated that they were or were not in favor of subdistrict 
 number nine. 
 
 Such testimony can have no bearing in an action to establish error on 
 the part of the board. Appellants set forth in their affidavit that the 
 county superintendent erred, in that he refused to admit testimony to 
 show that there never had been any legal organization of subdistrict 
 number nine. We think such evidence was properly excluded, and yet 
 it is necessary, to enable any tribunal to arrive at a decision of the case; 
 for if the district was organized according to law, then the board com- 
 mitted error in making an order which operated to discontinue it, and 
 hence to change boundaries of subdistricts at a time of year in which, 
 according to our holding, it cannot be done. Upon the presumption 
 that the district was legally organized, they committed error by making 
 a change of subdistrict boundaries without a majority of the whole board. 
 Section 1738, School Laws of 1880. 
 
 It must therefore be determined whether the conditions upon which the 
 board of Des Moines township granted the territory, were fulfilled, or, 
 in other words, it must be known whether or not the independent 
 district number eight, of Liberty, concurred in the transfer of the territory. 
 But neither the county superintendent nor this department is competent 
 to determine the legality of a district organization, and it is therefore 
 impossible for us to decide whether or not the board committed error. 
 
 The remedy is an application to a court of law for mandamus to com- 
 pel the board to recognize the subdirector of subdistrict number nine, as 
 a school officer and member of the board of the district township of Des 
 Moines. 
 
84 SCHOOL LAW DECISIONS. 
 
 Were the issues involved within our jurisdiction, we would not hesitate 
 to consider them, but as no question of such a nature is connected with 
 the case it is 
 
 DISMISSED. 
 J. W. AKEKS, 
 November 2, 1882. Superintendent of Public Instruction. 
 
 APPLETON PARK v. INDEPENDENT DISTRICT OF PLEASANT GROVE. 
 Appeal from Des Moines County. 
 
 1. RECORDS: Impeachment of. Records not made and certified to by the proper 
 officers as required by law are defective and may be impeached by collateral 
 evidence. 
 
 2. CHARGES. Must be clearly sustained by the evidence. 
 
 3. TEACHER. The law provides that a teacher shall have a fair and impartial 
 trial, with sufficient notice to enable him to rebut the charges of his accusers. 
 
 Appleton Park, a school teacher of Des Moines county, was duly 
 engaged and contracted with to teach the school in the independent dis- 
 trict of Pleasant Grove. 
 
 He began teaching on the 4th day of September, 1882; after some ten 
 or eleven days had expired, during which time he had taught the school, 
 he was waited upon by the entire board of said district, called to the 
 door and informed that certain rumors were being circulated, to the 
 effect that he had been guilty of using obscene and vulgar language in 
 the presence of his pupils, and during regular school hours. The board 
 called at the school-house again about the hour for closing the school in 
 the afternoon, and the school having been dismissed, they proceeded to 
 examine three of the boys as to the truth of the charges above referred 
 to. The result of this action was that the teacher left the school and the 
 board employed another teacher. Mr. Park appealed to the county super- 
 intendent, who reversed the action of the board, whereupon D. L. 
 Portlock, president of the board, appeals. 
 
 The principal difficulty presented in this case seems to be to determine 
 just what that action or order of the board was from which the appeal 
 was taken. The transcript filed by the secretary of the board, is as fol- 
 lows: u Complaint being made by some of the scholars to the school 
 board, in regard to the teacher, Appleton Park, using indecent, rough 
 and insulting language during school time, the board met at the school- 
 house to make an investigation. The board stated the above charges to 
 the teacher, Appleton Park, who after reflecting upon the matter, pro- 
 posed his resignation to the board. The board, after due consideration. 
 
SCHOOL LAW DECISIONS. 85 
 
 accepted the same. The question being settled in the above way, and 
 no other business before the board, the board then adjourned. 
 
 D. L. PORTLOCK, President. 
 F. A. FRIDEMAN, Secretary. F. M. STUCKER, H. FLEENOR." 
 
 The parol evidence of Appleton Park was admitted to offset and im- 
 peach the record. This was clearly in violation of well established law, 
 if the record was really what it purported to be, a true and authenticated 
 copy of the proceedings of the meeting of the board referred to. 
 
 Starkie On Evidence, says : 4 'Where written instruments are appointed, 
 either by the immediate authority of law, or by the compact of the par- 
 ties, to be the permanent repositories and testimony of truth, it is a 
 matter both of principle and of policy, to exclude any inferior evidence 
 from being used, either as a substitute for such instruments, or to con- 
 tradict or alter them; of principle, because such instruments are in their 
 own nature and origin entitled to a much higher degree of credit than 
 that which appertains to parol evidence; of policy, because it would be 
 attended with great mischief and inconvenience if those instruments 
 upon which men's rights depend were liable to be impeached and con- 
 troverted by loose collateral evidence/' Starkie, part IV, p. 995, Vol. 
 Ill, 3d Amer. Ed. 
 
 The fact that the transcript referred to is not certified to by the secre- 
 tary, and the further fact that he was not present at the board meeting 
 in question, and wrote the minutes as dictated from memory by the pres- 
 ident of the board, three days after the meeting, fully justified the 
 superintendent in ruling it out and in admitting parol evidence. 
 
 We come now to consider whether the trial before the board was such 
 a proceeding as is required by section 1734. The board called in the 
 morning and informed the teacher of the charges preferred to them, 
 against him, whereupon he offered to resign. They instructed him to 
 proceed with his school and stated that they would return in the even- 
 ing. During the day the board worked up their case against the teacher, 
 while he was so employed as to prevent him from giving thought or 
 attention to the charges, or to the preparation of any adequate defense. 
 
 We must sustain the superintendent in finding that the trial and oppor- 
 tunity to defend was not what the law intends every teacher shall have. 
 Every teacher is entitled to the sympathy and support of the school 
 board, and where there is any reasonable doubt as to the truth of stories 
 circulated by school children, the teacher should have the benefit of such 
 doubt. 
 
 We believe that had the board been in sympathy with their teacher in 
 this instance, they would have decided that the charges were not sus- 
 tained by the evidence, at least by any evidence which appears of record. 
 
86 SCHOOL LAW DECISIONS. 
 
 That the teacher offered to resign in the evening does not appear from 
 the evidence offered in behalf of the board, while it does appear that at 
 least one member of the board told him u he had better quit." 
 
 We are compelled to hold that the teacher was dismissed, and that in 
 doing so for no sufficient reason the board erred, and the decision of the 
 county superintendent is therefore 
 
 AFFIRMED. 
 
 J. W. AKERS, 
 
 February 16, 1883. Superintendent of Public Instruction. 
 
 NOTE Our supreme court rendered a decision regarding the measure of damages resulting 
 from the wrongful discharge of this teacher. The opinion is found in 65 Iowa, 209. 
 
 H. D. FISHER v. DISTRICT TOWNSHIP OF TIPTON. 
 Appeal from Hardin County. 
 
 1. SCHOOL-HOUSE SITE. When purchased by the board the provisions of sections 
 1825-1828 do not apply. 
 
 2. LOCATION. May be within less than forty rods of a dwelling when obtained 
 by purchase. 
 
 On the 28th day of March, 1884, the board ordered the purchase of an 
 acre of ground for a school-house site on the corner of section 15, town- 
 ship 87 north, range 21 west. H. D. Fisher, who is the owner of land 
 immediately adjoining said site, objected to the location, on the ground 
 that the site was within less than forty rods of his residence. The board 
 adhered to their decision in disregard of his objection, whereupon 
 H. D. Fisher appealed to the county superintendent, who affirmed the 
 action of the board. H. D. Fisher appeals. 
 
 Affiant alleges that the board violated law in purchasing a site within 
 less than forty rods of his residence, against his will and without his 
 consent. This was the only error assigned in his affidavit of appeal to- 
 the county superintendent, and the same is the only error assigned in 
 the affidavit of appeal to the superintendent of public instruction. The 
 case will therefore be confined to a consideration of the alleged griev- 
 ance, and all argument of counsel and all evidence taken to establish an 
 abuse of discretion in changing the location of the house need not be 
 considered. 
 
 On trial before the county superintendent, defendant filed a motion to- 
 dismiss the action for want of jurisdiction. This motion to dismiss was 
 overruled, and defendant excepted. The motion to dismiss was filed on 
 the ground that there had been no order or decision of the district 
 township board from which an ^ appeal could be taken, and no action 
 
SCHOOL LAW DECISIONS. 87 
 
 taken as shown by the transcript of the record, upon any matter affect- 
 ing the rights of H. D. Fisher. 
 
 The transcript of the secretary states that on the 29th of March the 
 board located the new site on a piece of ground bought of Ferdinand 
 Beckman. This was an action from which any person aggrieved might 
 appeal. The appeal was based on a charge that the board had violated 
 law, and it was proper for the county superintendent to hear the case in 
 order to determine whether the law had been violated or not. 
 
 Counsel urges that the case should have been dismissed because affiant 
 made no objection to the location until after the purchase of the land 
 and until after he was estopped for so objecting. But even though the 
 neglect to object in season would bar affiant from subsequent interfer- 
 ence, it was the duty of the county superintendent to proceed with the 
 trial in order to determine by evidence when and how objection was 
 made. We think that the county superintendent had jurisdiction, and 
 the motion to dismiss was properly overruled. 
 
 In the eighth count of defendant's argument it is urged that the county 
 superintendent had not original jurisdiction to try or to adjudicate a 
 matter not acted upon by the board. But the removal of the school- 
 house to the proposed location was determined by the board, and from 
 that action appeal was taken, and not from their refusal to consider the 
 objection of affiant. 
 
 The ground of the defense is the delay of H. D. Fisher to make known 
 his objection to the location of the school-house within forty rods of his 
 dwelling. 
 
 The county superintendent sustains the action of the board for the 
 reason that the site was purchased, affiant knowing of the intention of 
 the board to purchase the ground and to locate the house, and making 
 no objection until after the contract to move the house had been let by 
 the board. 
 
 Whether the decision of the county superintendent should be affirmed, 
 for the reasons assigned, need not be considered, as the case will be 
 determined upon the construction of the statute prohibiting the location 
 of a school-house within less than forty rods of a dwelling, the owner 
 whereof objects. 
 
 The case was tried by the county superintendent and argued by counsel 
 on both sides as coming under the act authorizing boards to condemn, 
 and to take and to hold school-house sites. We think this point worthy 
 of a careful examination. Chapter 124, laws of 1870, first authorized 
 boards to take and hold land for school-house sites. Kecognizing that 
 they were conferring a dangerous power, they prudently enacted certain 
 restrictions to govern such boards in the exercise of that power. But it 
 it was not intended, we think, to so restrict boards, except when exercis- 
 
88 SCHOOL LAW DECISIONS. 
 
 ing the power therein conferred. This chapter was subsequently 
 embodied in the Code, and is now found in sections 1825, 1826, 1827, 
 and 1828, School Laws of 1880. 
 
 Section 1825 -says: "It shall be lawful for any district township or 
 independent district, to take and hold, under the provisions contained in 
 this chapter," etc. The provisions contained in this chapter, or in the 
 following sections, are as follows: That the real estate so taken shall 
 not exceed one acre. The site "so taken" must be on some public 
 highway, at least forty rods from any residence the owner (of the resi- 
 dence) whereof objects to its being placed nearer. And not in an 
 orchard, garden or public park. 
 
 It is perfectly clear that ground cannot be condemned in disregard of 
 any one of these provisions. But the site in question was not con- 
 demned and taken, but it was purchased of a third party and a good and 
 sufficient deed made over to the district township of Tipton. 
 
 Do the provisions above quoted apply in cases where sites are pur- 
 chased? If any one of them does, they all do. 
 
 First, "the land so taken shall not exceed one acre." No one would 
 hold that boards may not buy, and districts hold, more than one acre of 
 land for school-house purposes, provided they are limited to a reasonable 
 amount. This restriction then, is of no force except in cases where sites 
 are condemned. 
 
 Again, "and not in any orchard, garden or public park." Does it 
 follow, therefore, that boards cannot purchase an orchard, garden, or 
 park, for a school-house site if they desire it, and the owner is willing to 
 sell? We think not, by any means. 
 
 And "at least forty rods from any dwelling, the owner whereof 
 objects," etc. This limitation has exactly the same force and applica- 
 tion, and no other. Land within forty rods of a residence cannot be 
 condemned if the owner objects. But if a third party is willing to sell 
 a school-house site, and the district purchases and pays for it, it is not 
 competent for the owner of a dwelling to restrain the location on the 
 ground that it is within forty rods of such dwelling. 
 
 We think this interpretation of the law borne out both by its evident 
 meaning and its phraseology. 
 
 We are aware that it has for many years been the holding of this de- 
 partment that a school-house site, whether obtained by purchase or 
 otherwise, could not be placed nearer than forty rods to any residence, 
 the owner objecting, and it is with regret that we must reverse a ruling 
 of so long standing; but from the fact that in many thickly settled com- 
 munities our school-houses are being crowded into sloughs and out of 
 the way places, and the further fact that it is not warranted by law, we 
 are compelled to do so. 
 
SCHOOL LAW DECISIONS. 89 
 
 We must, therefore, hold that the board of the district township of 
 Tipton violated no law in purchasing the site and in ordering the re- 
 moval of the school-house thereon. The decision of the county super- 
 intendent is therefore 
 
 AFFIRMED. 
 
 J. W. AKEBS, 
 July 7, 1884. Superintendent of Public Instruction. 
 
 EZRA KOONTZ v. DISTRICT TOWNSHIP OF LISCOMB. 
 Appeal from Marshall County. 
 
 1. SUBDISTRICTS: Form of. It is very important that subdistricts should be 
 regular in form, and that where it is possible, school-houses should be located 
 at or near geographical centers. 
 
 2. SCHOOL-HOUSE SITE.: Location of. The condition of matters within the sub- 
 district should govern the location of the house. The attendance of parties 
 from an adjoining subdistrict should not determine change of site. 
 
 A petition was presented to the board asking that certain changes be 
 made in subdistrict boundaries, viz.: That the southwest quarter of 
 isection eighteen be detached from subdistrict number four, and attached 
 to subdistrict number five; also that the south half of section twenty-one 
 be detached from subdistrict number five, and attached to subdistrict 
 number six. On the 16th day of February, 1884, the board granted the 
 prayer of petitioners and ordered the plat of subdistrict boundaries to 
 be so altered as to agree with the above changes. Ezra Koontz appealed 
 to the county superintendent, who reversed the order of the board. 
 P. T. Beatch, president of said board, appeals. 
 
 Subdistrict number five contains a little more than five sections of land, 
 and if the order of the board is sustained it will contain a little more than 
 four and one-half sections. The south half of section twenty-one formerly 
 belonged to subdistrict number six, but was transferred to subdistrict 
 number five in order to create better school facilities for the children of 
 Ezra Koontz, who lives on the extreme south line of subdistrict number 
 six, while the school-house is at the geographical center, and no public 
 road leading to it. The electors of the district township voted $1,000 to 
 procure a highway for the accommodation of Mr. Koontz; but this fund 
 was subsequently transferred to the teachers' fund, and the movement to 
 secure the highway was indefinitely postponed. 
 
 Mr. Koontz is unfortunately located, but it appears from the entire 
 proceedings that there is a disposition to remove the obstacles in his way. 
 
90 SCHOOL LAW DECISIONS. 
 
 This is shown both by the efforts to secure a highway at the cost of $1,000 
 and in the former action of the board in breaking up the regular form of 
 subdistricts, in order to include him in number five. We think it very 
 important that subdistrict boundaries should be regular, and that where 
 it is possible school-houses should be located at geographical centers. 
 
 The action of the board in transferring the south half of section 
 twenty-one to subdistrict number six, and the southwest quarter of section 
 eighteen to number five, was wise, and should have been sustained. Mr. 
 Koontz must seek to secure proper accommodations in number six, and 
 if this proves to be impossible; he must charge it to the account of an 
 unfavorable location. 
 
 It cannot reasonably be demanded that his property should be included 
 in number five, and the school-house in that district be moved away 
 from the center and taken to the south line of the district, and away 
 from families living in the north of number five, in order to accommo- 
 date others not living in the subdistrict, especially when it is considered 
 that those living in the north will be compelled to send out of their own 
 subdistrict, in such case. 
 
 We are compelled to hold that the action of the board should have 
 been sustained, and the decision of the county superintendent is therefore 
 
 REVERSED. 
 J. W. AKERS, 
 
 July 21, 1884. Superintendent of Public Instruction. 
 
 J. L. MARSHALL et al. v. DISTRICT TOWNSHIP OF MARSHALL. 
 Appeal from Louisa County. 
 
 1. SUBDISTEICT. The board may not redistrict so as to abolish a subdistrict, with 
 intent to prevent the building of a house provided for by the electors. 
 
 2. TAXES: School-house. Must be certified, collected, and expended, in accord- 
 ance with the vote of the electors. 
 
 On the 22d day of February, 1886, the board abandoned subdistrict 
 number four, and transferred its territory in parcels to adjoining subdis- 
 tricts. J. L. Marshall et al appealed to the county superintendent, who 
 reversed the order of the board. N. W. Mackay, president of the board 
 of directors, appeals. 
 
 It is unnecessary to consider the real merits of this case. The board 
 must be reversed upon the ground that at the meeting of the electors of 
 subdistrict number four, held in March, 1885, a tax of $300 was voted 
 to build a school-house in said subdistrict number four. 
 
SCHOOL LAW DECISIONS. 9t 
 
 It appears in evidence that this tax was voted, properly certified by 
 the district board and levied by the board of supervisors, and that a por- 
 tion, at least, has been collected. It is not competent for the board to 
 defeat a vote of this kind by districting the snbdistrict out of existence. 
 The money must be expended in accordance with the vote, and the house- 
 must be built. Whether or not any of the tax has been collected is not 
 material. It must be collected and expended by the board as directed 
 by the people. 
 
 The case of Benjamin v. District Township of Malaka et al., 50 Iowa, 
 648, is applicable here. The only point of difference being that in the 
 case cited the tax had been collected before action was had by the board. 
 
 In this case a part only of the tax has been collected, but as stated 
 above, this is not material. The equities of this case may be with the 
 board, but the action of the electors in voting to build a house in sub- 
 district number four, and in providing the means, will bar the board r 
 and any act calculated to avoid their mandatory duty is a violation 
 of law. 
 
 AFFIRMED. 
 J. W. AKERS, 
 
 September 16, 1886. Superintendent of Public Instruction. 
 
 J. B. B. BAKER v. INDEPENDENT DISTRICT OF WATJKON. 
 Appeal from Allamakee County. 
 
 RULES AND REGULATIONS. In establishing and enforcing regulations for the 
 government of scholars, the board have a large discretion. 
 
 On the 7th day of June, 1886, Maud Baker, the daughter of the plaint- 
 iff, was suspended from the public school for repeated violation of a rule 
 of the board, known as rule five, which reads as follows: "Any scholar 
 who shall be absent five half-days in four consecutive weeks, without any 
 excuse from parent or guardian satisfactory to the teacher that the absence 
 was caused by said pupil's sickness, or by sickness in the family, or, in 
 the primary grades, by severity of the weather, shall forthwith be sus- 
 pended. No pupil so suspended shall be reinstated without a permit 
 from the principal." 
 
 Rule twelve provides that the principal of the school may suspend 
 pupils temporarily, and that he shall immediately notify the parent or 
 guardian of a suspended child of such suspension, the notice to be in 
 writing, and furthermore, that he shall immediately inform the board of 
 his action. 
 
92 SCHOOL LAW DECISIONS. 
 
 Maud Baker was absent without excuse, and when called to account 
 for her absence stated that she had gone on a fishing excursion, and ex- 
 pected to go the week following. Having failed to render a satisfactory 
 excuse, she was suspended, as above stated. Notice in writing was sent 
 to 'the parent, as required by rule five, and the board informed of the 
 suspension. The board approved the action of the principal. J. B. B. 
 Baker appealed to the county superintendent, who reversed the action 
 of the board. D. W. Keed appeals. 
 
 The facts in the case are not controverted. It appears in evidence 
 that the suspension of Maud Baker was reported to the board, and that 
 a special meeting of the board was held for the consideration of the act 
 of the principal. Maud Baker was present at this meeting of the board, 
 and the president testifies that he read to her the rule under which she 
 had been suspended, and asked her to give the board some promise of 
 amendment in the future, as a condition of reinstatement, and she replied 
 that she would not make any promise for the future, and expected to go 
 fishing the following week. 
 
 The county superintendent finds that the suspension was made in com- 
 pliance with the rules of the board for the government and regulation of 
 their schools, and that the act of the principal in suspending, and of the 
 board in approving his action, was without prejudice or malice. The 
 board was reversed on the ground that the law does not confer upon the 
 principal, or the board, power to suspend for the cause for which Maud 
 Baker was suspended. 
 
 The case turns, therefore, upon the power of the board to establish 
 and enforce a rule providing for the suspension of pupils, who are 
 absent a given number of days, or half-days, without a satisfactory 
 excuse. This point has been fully discussed and settled by our supreme 
 court in the case of Burdick v. Bdbcock^ 31 Iowa, 562, and need not be 
 considered here. Murphy v. Independent District of Marengo has been 
 cited, but does not apply, as in that case it is stated that the offense for 
 which the pupil was dismissed was not in violation of any rule or regu- 
 lation. 
 
 We are compelled to overrule the decision of the county superintend- 
 ent, and to sustain the action of the board. 
 
 REVERSED. 
 
 J. W. AKERS, 
 October 23, 1886. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 93 
 
 JAMES TOMPKINS v. INDEPENDENT DISTRICT OF KEYSTONE. 
 Appeal from Page County. 
 
 1. SCHOOL-HOUSE SITE. It is manifestly unwise for the electors to express any 
 preference for a site, by a vote. The remedy of any one aggrieved by the 
 action of the board is appeal. 
 
 2. . The board are bound to take into account any special reasons exist- 
 ing which favor a particular location, and a vote of the electors to expend 
 school-house funds in a certain specified manner, may not with safety be dis- 
 regarded. 
 
 On the 24th of May, 1886, the board located the new school-house in 
 said independent district upon the site of the old house. At the meeting 
 of the electors on the 12th of March, 1884, the sum of one thousand dol- 
 lars was voted to build a school-house in Page Center, The board 
 regarded the designation of the site as advisory only, and located the 
 house one-half mile from Pasje Center. James Tompkins appealed to- 
 the county superintendent who found that the board had violated law, 
 and for this reason reversed their action. G. W. Stanage appeals. 
 
 Section 1724 confers upon boards the power to locate school-house 
 sites. If, however, the location of the school-house is coupled with and 
 designated in the vote to build, the house must be built in accordance 
 with the vote. The transcript of the record filed by the secretary con- 
 tains the following statement: u Yoted a tax of one thousand dollars for 
 the purpose of building a school-house in Page Center. " 
 
 While any attempt on the part of the electors to designate the precise 
 location of a school-house site would be an unwarranted assumption of 
 power, nevertheless a vote to build a house in a certain village or town 
 plat, in connection with the vote to appropriate money for that purpose, 
 we think so far concludes the board as to location as to require the 
 selection of a site within such specified limits. Any other holding would 
 open the way to fraud and deception . We are compelled to hold that 
 the board should have selected a site in Page Center. 
 
 The decision of the county superintendent is 
 
 AFFIRMED. 
 J. W. AKEKS, 
 
 November 1, 1886. Superintendent of PuUic Instruction*. 
 
SCHOOL LAW DECISIONS. 
 
 E. G. LEWIS v. DISTRICT TOWNSHIP OF WOOLSTOCK. 
 Appeal from Wright County. 
 
 SCHOOL-HOUSE SITE. Location of. A village in a subdistrict has special claims 
 favoring the selection of a site within its limits. The element of distance to be 
 traveled by some is largely overcome by the advantages of a location in the 
 town. 
 
 The board were petitioned to remove the school-house in subdistrict 
 number three to a site at, or near, the village of Woolstock, which is sit- 
 uated on the western half of the said subdistrict. The petition was denied. 
 E. G. Lewis, et al. , appealed to the county superintendent. The decision 
 of the board was reversed. B. Watkins appeals. 
 
 The school-house in subdistrict number three is now centrally located, 
 and nearly one mile from the village by traveled highway. There are 
 about fifty-three children of school age in the district, and it appears 
 from the evidence that forty-five of these live within one-half mile of the 
 proposed new site. The removal of the house may increase the distance 
 now traveled by the children of a few families, but it appears that in such 
 cases accommodations may be had within about one and one-half mile at 
 other schools. 
 
 If the nature of the case is such as to require some changes in the 
 boundary lines, we think such changes should be made, and the school- 
 house located in the village, and for the following reasons: The children 
 from the rural portions of the district can travel to and from the village 
 much more conveniently than those from the village can attend in the 
 country. The course of trade brings the parent to the market in the 
 morning, and the movement of conveyances will therefore afford many 
 conveniences toward reaching the school from the country, and of 
 returning in the evening. But, on the other hand, there is no regularity 
 of travel to the country in the forenoon, so that when walking is bad, or 
 impossible, conveyances would be required for the sole purpose of taking 
 children to the school. Besides, the great majority of those who live in 
 the village have no means of carrying their children a distance to school, 
 while the farmer is seldom, if ever, without them. 
 
 There is a reason why the school should be convenient for children in 
 the village, which does not exist as to children of the country. The 
 village has many evil resorts, where children are led into vice, which are 
 not incident to the country. All children should be kept regularly in 
 school, but the reasons for this, as applied to village and town children, 
 are much stronger than as applied to those of the country. 
 
SCHOOL LAW DECISIONS. 95 
 
 The village must be supplied with a school, and in the case before us, 
 If the house is not located at the village, the result in the near future will 
 be two schools for this subdistrict. We are compelled to hold that the 
 board erred in refusing to grant the petition. The decision of the county 
 superintendent is 
 
 AFFIRMED. 
 J. W. AKERS, 
 September 14, 1887. Superintendent of Public Instruction. 
 
 J. A. COUSINS v. INDEPENDENT DISTRICT TOWNSHIP OF SPIRIT LAKE. 
 Appeal from Dickinson County. 
 
 SCHOOL-HOUSE: Eemoval of. The removal of an old house away from the geo- 
 graphical center and away from the center of population, without special 
 and strong reasons therefor, is an abuse of the discretionary power of the 
 board. 
 
 On the 6th day of April, 1887, the board passed an order to move the 
 school-house known as the Swailes school-house, to a point one-half mile 
 west of its present location. From this order J. A. Cousins appealed to 
 the county superintendent. The action of the board was sustained. J. 
 A. Cousins appeals. 
 
 The district borders on Spirit and adjacent smaller lakes, and is very 
 irregular in its boundaries. There are about fifty children of school age 
 living in the district, most of whom are favorably or adversely affected 
 by the change. But, considering both locations, there is no material 
 change in the distance traveled by all. 
 
 The present site is at the junction of an east and west road, known as 
 the Diamond Lake road, with a north and south road known as the Emmet 
 County road. The school-house is old and has recently been repaired at 
 a cost of $60. As now located there are seven children two miles from 
 the school-house. Twelve children will be two miles from the new site. 
 We are unable to find in this case any good and substantial reason for 
 this change of location. 
 
 The present site is central and nearer the center of population, so far 
 as we can determine from the map submitted as a part of the transcript. 
 It is at a cross roads, which is very desirable. The lease to the present 
 site expires in about five years. By that time the old house will in all 
 probability be worthless and a new one will be needed to take its place. 
 
 The electors at their last March meeting voted to build a new house on 
 section nineteen, the site of which is one-half mile west and one and three- 
 fourth miles north of the present site. 
 
96 SCHOOL LAW DECISIONS. 
 
 We cannot avoid the conviction that in moving an old house one-half 
 mile at an expense of ninety dollars, away from the geographical center,, 
 and away from the center of population, without special and strong rea- 
 sons therefor, is an abuse of discretionary power. 
 The decision ofjthe county superintendent is 
 
 REVERSED. 
 J. W. AKERS, 
 September 19, 1887. Superintendent of Public Instruction. 
 
 ~D. A. BOYER et al. v. INDEPENDENT DISTRICT NUMBER Two, DUTCH 
 
 TOWNSHIP. 
 
 Appeal from Washington County. 
 
 1. BOARD: Discretionary power of. In the absence of proof that the board have 
 abused the authority given them by the law, their orders will not be set aside, 
 although another decision might to many seem preferable. 
 
 2. SCHOOL-HOUSE SITE: Location of . When purchased, the provisions of section 
 1825 do not apply. The district stands in the same relation to the public and 
 to individuals, in this respect, as do other corporations, and may purchase and 
 convey real estate accordingly. 
 
 On the 23d day of July, 1887, the board made an order that the school- 
 house site should be changed from its present site, which is near the 
 southwest corner of the northwest quarter of the northwest quarter of 
 section ten, to the southeast corner of section four, and about ninety 
 rods due north. It was also ordered that a new school-house should be 
 built on the new site. From this order of the board, D. A. Boyer and 
 others appealed to the county superintendent. The order of the board 
 was reversed, on condition that appellants should secure the opening of 
 a public road from the present site of the school-house to the public 
 road running east and west through the southern portion of the district, 
 and along the south line of sections nine and ten. William Stevenson 
 and S. D. Carris appeal. 
 
 The independent district in question is composed of sections thirty- 
 three, thirty-four, three, four, and the north half of sections fifteen and 
 sixteen. Public roads enter east and west along the north line of sec- 
 tions three and four, and along the south line of the same sections. On 
 this latter highway the new site is located. From the new site a road 
 extends due south to the old site. This is the road, the extension of 
 which is made a condition in the decision of the county superintendent. 
 
 The population of the district is mostly along the last named east and 
 west highway, and in sections nine and ten lying immediately south of 
 
SCHOOL LAW DECISIONS. 97 
 
 said highway. At the annual meeting, or election of the independent 
 district in question, held March, 1887, a motion was made to vote a tax 
 of $600 for the purpose of building a school-house on the old site. This 
 motion was lost. A motion was then made and carried that a tax be 
 levied to build a school-house, no site being specified. This was fol- 
 lowed by a motion to build the house on the present site, which motion 
 was lost. 
 
 At a special meeting held June 18, 1887, a motion was made and car- 
 ried to procure a new site, and at another special meeting held July 23, 
 1887, the site of the new house was finally located on the southeast 
 corner of section four. It appears that the electors were very much 
 divided in opinion as to the location of the new house, and the majority 
 attending the March election were opposed to locating it upon the old 
 site. If the house was to be moved to the north, the site selected by 
 the board is as near, or practically so, as the board could have selected. 
 There is a slough just north of the present site, and if moved at all the 
 house must be placed to the north of this, which would compel the 
 selection of a site within a few rods of the new site. 
 
 The present site is practically central both as to. geographical center 
 and center of population, and it would seem that the presumption was 
 in favor of the present site, while the one selected by the board is not 
 objectionable on account of its location, unless the fact that it is not ex- 
 actly central constitutes an objection. Boards are given large discretion 
 in such matters, and it has been a rule of long standing in this depart- 
 ment not to overrule the order of the board, except in cases where an 
 abuse of discretion is clearly established. While the old site may be 
 equally good and even better, we cannot set their order aside, in the ab- 
 sence of evidence going to show that they have abused the authority 
 which the law gives them. 
 
 The county superintendent held that the board had violated the pro- 
 visions of the law in locating the new site nearer than forty rods to a 
 dwelling the owner whereof objects. The board in this case located the 
 site within eighteen rods of a residence, and it is conceded that said 
 owner refuses her consent to such location. Section 1826 provides that 
 a site taken as provided in section 1825 must be at least forty rods from 
 any residence the owner whereof objects to its being placed nearer. 
 
 Section 1825 provides: "It shall be lawful for any district township 
 or independent district to take and hold, under the provisions of this 
 chapter, so much real estate as may be necessary for the location and 
 construction of a school-house and convenient use of the school; provided 
 that the real estate so taken, otherwise than by the consent of the owner 
 or owners, shall not exceed one acre." In the case of H. D. Fisher v. 
 District Township of Tipton it was held that the provisions of the act 
 
 7 
 
98 SCHOOL LAW DECISIONS. 
 
 authorizing boards of directors to " take and hold " land for a school- 
 house site, do not apply when the land has been obtained by purchase. 
 
 Counsel for appellee argues that the language of the statute, the 
 words "take and hold," includes acquiring title by purchase as well as 
 by condemnation; and that section 1825 is the only provision of law we 
 have authorizing school districts to purchase and own school-house sites. 
 Also that the restriction that a school-house shall not be placed nearer 
 than forty rods to a dwelling, the owner objecting, applies no matter 
 how the site is obtained. 
 
 We cannot concur in this opinion. A school district is a corporate 
 body, the nature and powers of which are well and clearly defined in 
 the statute which created it. If land sufficient for a school-house site is 
 necessary to enable a district to establish and maintain schools, it needs 
 no argument to establish their authority to purchase such land. 4A Iowa, 
 564; 69 Iowa, 533. That it was the intention of the lawmakers to confer 
 this power upon school districts is evident from the fact that in section 
 1717 the electors were given the power to vote a tax for the purchase of 
 grounds, etc. And this law was enacted many years before the law 
 empowering boards of directors to "take and hold" school-house sites. 
 Counsel for appellee will hardly insist that previous to the enactment of 
 the condemnation law, all school-house sites were acquired and owned 
 without authority of law. 
 
 There appears to be two ways by which school districts may acquire 
 title to land for school-house sites. The statute gives to every school 
 district, as a general and corporate power, the right to buy land for 
 school purposes, and when land has been so purchased, the title or fee 
 is in the corporate name of the district, and even though it ceases to be 
 used for school purposes, it remains the property of the school district 
 until sold by the board in obedience to the instructions of the electors. 
 They may sell to any one and for any purpose whatever. 
 
 Second, by condemnation by the board of directors under section 1825. 
 The title to land acquired under this law is for school purposes only. It 
 cannot be sold at all. When the district ceases to use it for school pur- 
 poses, it reverts by operation of law to the owner of the fee. It appears 
 that the fee to land obtained by condemnation is not in the school dis- 
 trict, but simply the right to hold it for school purposes, while the fee 
 remains in the original owner, and may be conveyed subject to the title 
 of the district. 
 
 Sites obtained by purchase never revert, and the district so purchasing 
 owns the fee and may transfer it, as has been said, to any person and for 
 any purpose. It is clear to us that the four restrictions or limitations, 
 viz.: that the real estate "so taken" shall not exceed one acre; must be on 
 a public highway, forty rods from the residence, etc., and not in any 
 
SCHOOL LAW DECISIONS. 99 
 
 orchard, garden or public park, apply only to sites obtained by condem- 
 nation under sections 1825-1828 inclusive, and that they do not' apply to 
 sites obtained by purchase. The reasons for this position are fully set 
 forth in , Fisher v. District Township of Tipton. to which reference is had. 
 We are unable to discover any violation of law or abuee of discretion 
 which would warrant us in setting aside the order of the board. 
 
 KEVERSED. 
 J. W. AKEKS, 
 November 18, 1887. Superintendent of Public Instruction. 
 
 A. J. HOSINGTON v. DISTRICT TOWNSHIP OF UNION. 
 Appeal from Madison County. 
 
 1. APPEAL. The failure to file the transcript within the time mentioned in the 
 law will not invalidate the appeal. 
 
 2. ADDITIONAL SCHOOL. It is the intention of section 1725 that an attendance of 
 at least ten scholars may reasonably be expected. 
 
 It appears that at the regular meeting of the board held September 
 19, 1887, E. O. Storrs and others presented a petition for an extra school 
 for their convenience. On motion said petition was taken up and 
 granted. From this action A. J. Hosington appealed to the county 
 superintendent, who heard the case in due frm, reversing the action of 
 the board. E. O. btorrs and others appeal. 
 
 Counsel for appellant urges as error that the district secretary failed 
 to file his transcript of the record within the ten days required by sec- 
 tion 1832. The appellants claimed that the county superintendent had, 
 on this account, lost jurisdiction, and moved to dismiss the case. The 
 county superintendent overruled the motion. Did he commit an error in 
 so doing ? We think not. It is true as alleged by appellants that after 
 the expiration of the thirty days mentioned in sections 1830-1835, the 
 county superintendent cannot entertain an appeal. The action referred 
 to in these sections lies within the choice of the aggrieved party, the law 
 grants him thirty days within which to make his election. The action 
 referred to in section 1832 is mandatory upon the secretary, he has no 
 choice, he cannot elect one of two courses of action. If he fails to do 
 his duty within the prescribed time a writ of mandamus may compel him 
 to act. But in no case does his failure to produce the transcript invali- 
 date the appeal or lessen the duty of the county superintendent to pro- 
 ceed in the case. 
 
 Did the county superintendent err in taking into account the financial 
 condition of the district township? We cannot admit that he did. While 
 
100 SCHOOL LAW DECISIONS. 
 
 the want of funds will not excuse a board from maintaining schools, this 
 department has held that the financial conditions should be considered 
 in ordering an extra school. In this case the secretary testifies that the 
 funds avail able, will not more than meet the expenses of the seven 
 schools now in session. 
 
 The original petition shows twelve pupils of school age for whose 
 accommodation the school is desired. This department has held that the 
 intention of the present section 1725 is that there must be a probable 
 attendance of ten to warrant the board in establishing an extra school. 
 What are the facts in this case as gathered from the evidence? One 
 child included is two years old. In a family having five of school age 
 but three are at home. One of the others is a graduate of the Winterset 
 high school, and the other is an attendant at the same school. The 
 probable attendance in the extra school would be only four or five. 
 
 Under all the circumstances we believe the board did not act with due 
 discretion, and that the county superintendent was fully justified in re- 
 versing their action. The decision of the county superintendent is 
 therefore 
 
 AFFIRMED. % 
 HENKY SABIN, 
 
 February 22, 1888. Superintendent of PMic Instruction. 
 
 N. R. JOHNSTON v. DISTRICT TOWNSHIP OF UTICA. 
 Appeal from Chickasaw County. 
 
 1. MANDAMUS. To compel the performance of an official duty, appeal some- 
 times consumes valuable time. Mandamus is often a more speedy as well as a 
 better remedy. . 
 
 2. DISCRETIONARY ACTS. Action by the board unduly delaying the final qonsid- 
 eration of an important matter, may be regarded as an evidence of prejudice. 
 
 The issues involved in this case were the formation of a new subdistrict 
 to be known as number twelve, and the providing for a school during the 
 winter of 1887-8, pending the election of subdirector for the new subdis- 
 trict. The case came in due order to the county superintendent on appeal, 
 and from his decision the township board appeal to this department. 
 
 At their meeting on the 19th day of September, 1887, the board had 
 before them a petition signed by Caleb Boylan and others, to redistrict 
 number two, and to form a new subdistrict. After various motions it was 
 voted to adjourn to the second Saturday in February, 1888, to consider 
 said petition. Appeal was taken to the county superintendent. 
 
SCHOOL LAW DECISIONS. 101 
 
 At the trial before that officer, October 27, 1887, and adjourned to 
 October 31, a motion was made to dismiss the case, on the ground that 
 the matter was still pending before the township board, as no final 
 action had been taken by that body. The motion to dismiss was over- 
 ruled, and the county superintendent proceeded to hear the case.- Did 
 the county superintendent commit an error? We think not. 
 
 Without impugning in any way the motives of the directors, their 
 action in adjourning to a date as late as the second Saturday of Febru- 
 ary, 1888, was calculated to delay and defeat the prayer of petitioners. 
 The aggrieved parties had an undoubted right to appeal, but we regret 
 that they did not avail themselves of the more speedy remedy of resort- 
 ing to the courts. A writ of mandamus would undoubtedly issue in such 
 a case, compelling the directors to perform their enjoined duty. 
 
 A motion to dismiss on the ground that there was no evidence to show 
 that the board acted with passion, prejudice, or injustice, was also very 
 properly overruled. The action of the board delaying the whole matter 
 until the second Saturday of February, 1888, was in our opinion an act 
 of manifest injustice, which the county superintendent very properly 
 took into account in making up his decision. 
 
 The county superintendent reversed the action of the township board 
 and ordered the new subdistrict, number twelve, to be formed, with an 
 extra school for the winter of 1887- 8, in accordance with the prayer of 
 the petitioners. Ought his decision to be sustained? 
 
 A careful review of the evidence in the case including the plat ''exhibit 
 A," shows that the township of Utica is divided into eleven subdistricts, 
 some of them very large and irregular in shape. A better division than that 
 proposed by the formation of the new subdistrict, number twelve, can 
 possibly be made. The county superintendent however provides for 
 this, as his decision does not prevent any changing of the boundaries of 
 subdistrict lines, if necessary to facilitate the school privileges of the 
 township. 
 
 A new subdistrict is needed to furnish reasonable school facilities for 
 the children in that neighborhood, and so far as ordering the new sub- 
 district, to be known as number twelve, is concerned, the decision of the 
 county superintendent is 
 
 AFFIRMED. 
 HENKY SABIN, 
 
 March 15, 1888. Superintendent of Public Instruction. 
 
102 SCHOOL LAW DECISIONS. 
 
 N. R. JOHNSTON v. DISTRICT TOWNSHIP OF UTICA. 
 Appeal from Chickasaw County. 
 APPLICATION FOR A REHEARING. 
 
 REHEARING. To justify the granting of a new trial, a reasonable doubt must 
 arise in the mind of the officer to whom application is made, as to the absolute 
 correctness of his former conclusions. 
 
 Comes now the appellant, the district township of Utica, and asks for 
 a rehearing of the above case. 
 
 The acts of a board are recognized as mandatory or discretionary. 
 When they are mandatory, and the board act' in accordance with the 
 law, the aggrieved party has no remedy whatever ; when they are discre- 
 tionary the aggrieved party has a remedy in an appeal, which may be 
 taken eventually to the superintendent of public instruction, whose 
 decision is final. 
 
 Now, to say that the discretionary acts of a board must be sustained 
 because they are discretionary, destroys the right of appeal and takes 
 away the last remedy of the aggrieved party. The action of the directors 
 should be sustained, unless they act through passion, prejudice, or mani- 
 fest injustice. Who is to decide whether their action is an abuse of dis- 
 cretionary power? Surely not the board themselves, nor the aggrieved 
 party . 
 
 The question is one upon which the county superintendent may be called 
 to pass, and from his decision an appeal may be taken to the superintend- 
 ent of public instruction. Ifthe county superintendent in the discharge 
 of his duty determines that the board of directors have abused their dis- 
 cretionary powers, he has power to reverse their action, and this depart- 
 ment should affirm his decision if his conclusions are found to be correct. 
 
 In the present case the board, at the meeting on the 19th of September, 
 1887, had before them a petition asking for the formation of a new sub- 
 district, and a school during the winter of 188T-8. They postponed the 
 consideration of said petition until the second Saturday in February, 1888. 
 The aggrieved parties had their choice between two remedies. They 
 could apply for a writ commanding the board to act, or they could appeal 
 to the county superintendent. They chose the latter; they could have 
 chosen the former. See case of Crookshank v. District Township ofMaine^ 
 School Law Decisions 1888, page 88. Also 35 Iowa, 445, and 71 Iowa, 632. 
 
 It is not claimed that the writ could control the action of the board, 
 but it could compel them to act in the premises. See Hightower v. Over- 
 
SCHOOL LAW DECISIONS. 103 
 
 Jiouser et al., 65 Iowa, 350, Albin et al. v. Board of Directors of West 
 Branch, 58 Iowa, 77, and Case v. Blood et al., 71 Iowa, 632. 
 
 The attorney for the board of directors cite the case of Marshall v. 
 Sloan, 35 Iowa, 445, in support of their position. In that case the 
 directors acted, they rejected the petition and their action was u matter 
 of record. In the case under consideration the directors postponed action 
 in such a way as to delay and possibly defeat the purpose of the peti- 
 tioners. In the present case the county superintendent reversed the 
 action of the board, because of the injustice done to one party through 
 the delay in their action, and also did only, on appeal, what the party 
 appealed from had power to do. 
 
 Upon reviewing the case carefully the second time we find that the 
 county superintendent reached a correct conclusion as to the action of 
 the board, and nowhere exceeded his authority. The application -for a 
 rehearing is therefore denied. 
 
 HENKY SABIN, 
 
 March 26, 1888. Superintendent of Public Instruction. 
 
 JACOB DECK et al. v. DISTRICT TOWNSHIP OF EDEN. 
 Appeal from Decatur County. 
 
 1. SUBDISTKICT BOUNDARIES: Change of '. A case involving a change of subdis- 
 trict boundaries, having been adjudicated by the county superintendent 
 reversing the action of the board, and being affirmed by the superintendent of 
 public instruction, cannot again be brought upon appeal, unless it can be 
 shown that some change materially affecting the conditions of the case has 
 taken place since the date of the former decision. 
 
 2. : . A subdistrict long established, embracing a territory 
 
 having a sufficient number of scholars to maintain a good school, should not 
 be abolished, unless the general school facilities of the township will be im- 
 proved thereby. 
 
 On the 19th day of September, 1887, the board voted to abolish sub- 
 district number eight. Jacob Deck and others appealed to the county 
 superintendent, who on the fifth day of December rendered a decision 
 reversing the action of the township board. The directors of said dis- 
 trict township appeal. 
 
 The counsel for the directors urged in their written argument that the 
 county superintendent should be required to send up to this department 
 all the evidence taken in the trial before her. It was certainly the duty 
 of the county superintendent to send up all the evidence upon which she 
 based her decision. In the absence of any proof to the contrary, the 
 
104 SCHOOL LAW DECISIONS. 
 
 presumption is that the transcript furnished by her contains all the testi- 
 mony on tile in her office. There is no proof offered that she has not 
 complied with the law in all respects. 
 
 On the 26th day of December, 1885, the county superintendent rendered 
 a decision reversing the action of the board in abolishing subdistrict num- 
 ber eight. As no material changes have taken place since then, in the 
 condition of the township, does that former decision act as a bar to any 
 further proceedings in this case? We think not. 
 
 The principle enunciated here is undoubtedly correct. A case involv- 
 ing a change of subdistrict boundaries, having been adjudicated by the 
 county superintendent reversing the action of the board, and being 
 affirmed by the superintendent of public instruction, cannot again be 
 brought upon appeal, unless it can be shown that some change materially 
 affecting the conditions of the case has taken place since the date of the 
 former decision. 
 
 In this case, however, the decision of the county superintendent cannot 
 act as a bar to further proceedings, because the district board did not 
 take an appeal. Such proceedings cannot be considered as final until 
 they have been affirmed by the superintendent of public instruction. 
 
 It is urged that the county superintendent erred in taking into consid- 
 eration the distance which many of the pupils must travel in order .to 
 reach their school, if the action of the township board abolishing subdis- 
 trict number eight, is affirmed. The law does not contemplate that one 
 and one-half miles is in all cases an unreasonable distance. It depends 
 largely upon the age of the pupil and upon, the condition of the roads. 
 In the case before us a natural obstacle, the Little Turkey river, must be 
 taken into consideration. The opening of additional roads and the con- 
 struction of a bridge would simplify matters somewhat, but no steps 
 have been taken to accomplish this. Until this is done, to abolish the 
 school in number eight would impose an undue hardship upon a large 
 number of pupils. 
 
 What are the conditions of the school as at present constituted ? The 
 report of the secretary put in evidence, shows that the school in number 
 eight will average with other subdistricts in the number of pupils 
 enrolled ; it is above the average in daily attendance, and below the 
 average in cost of tuition. The board fail to show that reduced numbers 
 render it expedient to abolish this subdistrict, nor do they show that the 
 township is excessively taxed to support their schools. 
 
 This department has already ruled that subdistrict. lines, which have 
 been long established, embracing a territory having a sufficient number 
 of pupils to maintain a good school, should not be disturbed, unless it 
 can be proved that the general school facilities of the township will be 
 improved by the change. 
 
SCHOOL LAW DECISIONS. 105 
 
 The board do not show that there is any general benefit to be expected 
 from the proposed change of boundaries, nor do they prove that any 
 existing necessity makes it desirable. The board undoubtedly intended 
 to act fairly toward all, but we think they failed to properly consider all 
 the circumstances involved in their action. The decision of the county 
 superintendent is therefore 
 
 AFFIRMED. 
 HENRY SABIN, 
 March 16, 1888. Superintendent of PuUic Instruction. 
 
 J. S. FOLSOM et al. v. DISTRICT TOWNSHIP OF CENTER. 
 Appeal from Cedar County. 
 
 1. REHEARING. To warrant a rehearing, some valid reason must be urged. 
 
 2. SCHOOL-HOUSE SITE: Relocation of '. When it is the evident intention of the 
 board to relocate the site as near as possible in the center of the subdis- 
 trict, in order to furnish equal school facilities to all the residents, their action 
 should not be materially interfered with. 
 
 The transcript in this case shows that on the 21st day of March, 1887, 
 at a meeting of the board, a committee was appointed to investigate the 
 needs of subdistrict number two and report at the meeting in Septem- 
 ber. It further shows that on the 19th day of September, 1887, such 
 committee reported, recommending that the new house be built for said 
 subdistrict, to be located in the center of the district. The report was 
 received and the committee discharged. The report was also upon mo- 
 tion laid upon the table. 
 
 On the 19th day of March, 1888, at a meeting of the directors the above 
 report was finally adopted and a building committee was appointed to 
 confer with the county superintendent in regard to plans and specifica- 
 tions. From this decision of the board Folsom et al. appealed to the 
 county superintendent, and the case was heard at Tipton on the 9th day 
 of April, 1888. The records in the county superintendent's office show 
 that the appellee consented to the filing of an amendment to the affidavit 
 by appellant, and that the appellee filed a motion to modify the decision 
 of the board, and the trial then proceeded. On the llth day of April 
 the county superintendent filed a decision reversing the action of the 
 board. On the 17th day of April, 1888, a motion was filed for a rehear- 
 ing, within the time given by the county superintendent. On the 19th 
 day of April, 1888, the motion for a rehearing was argued before the 
 county superintendent and overruled. From the decision of the county 
 
106 SCHOOL LAW DECISIONS. 
 
 superintendent the board appealed to the superintendent of public instruc- 
 tion, and the whole case came up on a hearing before him on the 5th day 
 of June, 1888. 
 
 The first question to be decided is: Did the county superintendent err 
 in overruling the motion for a rehearing? A rehearing of such a case- 
 can be granted only when it can be shown that some injustice has been 
 done, or some mistake has been made which can be corrected by a new 
 trial; or when some additional evidence has been discovered which is in 
 favor of the party applying, but which could not have been presented 
 before by reasonable diligence. The affidavit upon which the motion 
 for a rehearing was based failed to show any such reasons. All the- 
 main points alleged therein had already been ruled upon by the county 
 superintendent, and we think she did not commit any error in overruling 
 the motion. This also disposes of all the testimony sent up in support 
 of the motion for a rehearing; these affidavits will not be taken into 
 account in the final decision of the case. 
 
 It is not necessary here to determine the legal residence of William 
 Busier. His own testimony is that the distance from his residence to 
 the site selected by the board is one and one-fourth miles. The fact that 
 Mrs. Morgan does not desire to send to school is not material. It is not 
 the individual but the residence that is to be considered. Some other 
 person living at the same place may hereafter desire school privileges. 
 
 We are now free to approach the main question upon which issue 
 is joined. The testimony shows that the directors desired to relocate 
 the school-house in subdistrict number two in a more central location, 
 no other reason is assigned for the contemplated removal. There is 
 nothing to show that the present site is unsuitable, except that it does 
 not well accommodate the pupils from the northern part of the district. 
 In this determination to relocate the site near the center, there is no 
 evidence of any abuse of discretion on the part of the directors, and we 
 think their action should not be interfered with. 
 
 There is, however, evidence which shows that the exact acre which 
 the committee staked out, is not a desirable site for a building. The 
 board themselves acknowledge this in their amended order by which the 
 site is removed ten rods farther north. 
 
 The county superintendent, in her decision, locates the site upon a piece 
 of ground known as the "grave-yard site." It is urged that the county 
 superintendent has only appellate jurisdiction, and must therefore confine 
 her decision to the two sites upon which the parties joined issue. She 
 seems to have entertained some such idea, as she sustained a motion to 
 rule out all evidence in regard to the unsuitableness of the grave-yard 
 site when such evidence was offered on the original trial. We think she 
 erred, and that such evidence should have been admitted. 
 
SCHOOL LAW DECISIONS. 10 T 
 
 In April, 1886, the Hon. O. Faville, then superintendent of public in- 
 struction, obtained this opinion fr,om Hon. F. E. Bissell, then attorney 
 general. "The case does not come before him (the county superintend- 
 ent) merely to correct an error of the board of directors, but to hear and 
 decide the same matter that the board had decided. The county- super- 
 intendent is not limited to an affirmance or reversal of the action of the 
 board, but he determines the same question that the board determined." 
 See also John Clark v. District Township of Wayne, page 47, School 
 Law Decisions of 1876. 
 
 To this opinion the decisions of this department have always conformed. 
 The county superintendent therefore did not go beyond her jurisdiction in 
 selecting a site different from any which had been considered by the board. 
 
 We cannot see, however, that the grave-yard site has any advantage 
 over the old site. It is irregular in shape, and is about as far north of 
 the center of the subdistrict as the present site is south. In fact, its 
 selection as a site for the new building defeats the very end which the 
 directors had in view in their action locating the site in the center of the 
 subdistrict. 
 
 The case is remanded to the board, with instructions not to build upon 
 the site selected by the committee, but to select the best site possible 
 within a distance not more than forty rods from the center of the site 
 staked out by the committee; the south corner of said site, however, to 
 be at least fifteen rods north of the south corner of the committee's site; 
 said site also to contain not less than an acre, and to be as nearly square 
 in form as the circumstances will admit. 
 
 The decision of the county superintendent is 
 
 REVERSED. 
 HENRY SABIN, 
 
 June 7, 1888. Superintendent of Public Instruction, 
 
108 SCHOOL LAW DECISIONS. 
 
 P. O'CONNOR, JR., v. DISTRICT TOWNSHIP OF BADGER. 
 Appeal from Webster County. 
 
 1. JURISDICTION. In most matters with which boards have to do under the law, 
 their authority and responsibility are absolute, and their jurisdiction is com- 
 plete and exclusive. 
 
 2- . A former order of the board, or a decision of the county superin- 
 tendent on appeal, will not operate to prevent the board from exercising their 
 discretion anew, when good reasons exist for such action. 
 
 45. REHEARING. To obtain a rehearing the necessity must be clearly shown. 
 
 4. DISCRETIONARY ACTS. In the exercise of discretion, the benefit of every 
 reasonable doubt must be given in favor of the correctness of the official acts 
 of the board. 
 
 At a special meeting of the board held February 10, 1888, it was voted 
 to remove the school-house in subdistrict number seven, forty rods north 
 from its present site. P. O'Connor, Jr., appealed to the county super- 
 intendent, who heard the case on the 23d day of April and affirmed the 
 action of the board. P. O'Connor, Jr., appeals. 
 
 The proceedings in this case are regular and the facts admitted by 
 both parties. The only point in dispute is this: On the 10th day of 
 November, 1887, the county superintendent heard the same case and 
 rendered his decision reversing the action of the board. As the directors 
 did not see fit to appeal, and as no material changes have taken place in 
 the subdistrict, it is claimed that the decision of the county superin- 
 tendent rendered November 10, 1887, must be considered as final, and 
 that no further proceedings can be had in the case. If this allegation is 
 true then the county superintendent committed error in not dismissing 
 the case. 
 
 Let us examine it a moment, that we may arrive at the intent of the law. 
 It is plain that the law reposes great confidence in the discretionary acts 
 of a board of directors. The instructions from the department of public 
 instruction to county superintendents have always been that such discre- 
 tionary acts are to be affirmed unless it can be very clearly shown that 
 the board have in pome way abused their powers; if there is a doubt 
 even, the board are to have the benefit of it. It has become a well es- 
 tablished principle that the conduct of the schools and the location of 
 school-houses should be left with those officers who have the closest 
 relation to the people for whose benefit the schools are maintained. 
 With this principle this department is not willing to interfere. 
 
SCHOOL LAW DECISIONS. 
 
 Is it right, then, that in this present case because the county superinten- 
 dent reversed the board in November, 1887, they should be left without 
 further remedy? We think not. After their former action was reversed, 
 the board had their choice of three courses of action; they were bound 
 to take the one which they believed to be for the best interests Df jthe 
 subdistrict. 
 
 They could ask for a rehearing, but to obtain that they must be able 
 to show that some very grave mistake had been made, or that they had 
 discovered some additional evidence which could not have been pre- 
 sented before by using reasonable diligence. 
 
 They could appeal to the superintendent of public instruction, but in 
 that event they must base* their case wholly upon the evidence as pre- 
 sented before the county superintendent, since this department has no 
 right to hear any additional testimony. 
 
 They could begin the case de novo, amend their record if it was faulty, 
 supply omissions, introduce new testimony, and perfect their proceed- 
 ings in such ways as to obtain if possible a different decision from the 
 county superintendent; or so as to make a stronger case before the 
 superintendent of public instruction if either party found it necessary to 
 appeal to him. 
 
 In this case the directors chose the last remedy, and we think they 
 were wise in doing so, as the most ready manner of obtaining a- final 
 adjudication of the whole matter. 
 
 After careful study of the authorities cited by counsel, we can only 
 reach this conclusion. If the aggrieved party fails to appeal within the 
 thirty days allowed by the law, the decision of the county superin- 
 tendent becomes final as far as that particular case is concerned; but we 
 find nothing in the law to warrant the conclusion that a reversal by the 
 county superintendent acts as a bar to any further proceedings because 
 the district board did not then and there take an appeal to the superin- 
 tendent of public instruction. Such a conclusion would defeat the ends 
 aimed at by the law in placing the management of the schools in the 
 hands of the school officers as chosen by the people. The county super- 
 intendent and the superintendent of public instruction, in hearing these 
 appeal cases have the jurisdiction somewhat, of a court of equity and 
 are not bound by a rigid adherence to the technical forms and customs 
 which prevail in the courts of justice. 
 
 In reaching this conclusion we are supported by the case of Morgan v. 
 Wilfley et al., 70 Iowa, 338. "The power to redistrict and change sub- 
 districts is conferred upon the board by the statute, and action in that 
 direction, for sufficient cause, cannot be considered as unauthorized." 
 The power to change or fix the school-house site is conferred in the same 
 manner. Further: "The board of directors cannot be so fettered by its 
 
HO SCHOOL LAW DECISIONS. 
 
 prior action, or b} r legal proceedings, that it may not, at any time, for 
 sufficient cause, redistrict the township, as in its best judgment may 
 be demanded by the interest of all the children of the district." The 
 principle here, enunciated is so broad that it applies to all the actions of 
 the board, and it is not necessary to dwell upon it. 
 
 In regard to the merits of this case, there is nothing to be said. There 
 is no evidence to show that the board abused their authority, and conse- 
 quently no reason for setting their order aside. The decision of the 
 Bounty superintendent is 
 
 AFFIRMED. 
 HENRY SABIN, 
 
 July 9, 1888. Superintendent of Public Instruction. 
 
 INDEPENDENT DISTRICT OF EDNA GROVE v. INDEPENDENT DISTRICT OF 
 
 EDNA et al. 
 
 Appeal from Cass County. 
 
 ASSETS AND LIABILITIES. When an entire township is organized into independ- 
 ent districts, the settlement of assets and liabilities is made by the boards of 
 the newly created independent districts. 
 
 It appears that in the year 1886 the district township of Edna was or- 
 ganized into an independent district township. This district was after- 
 wards subdivided into nine independent districts, in accordance with 
 -chapter 133, laws of 1878, as amended by chapter 131, laws of 1882. On 
 the 9th day of March, the directors of the old independent district of 
 Edna made a division of assets and liabilities, among the said nine inde- 
 pendent districts. From this action the independent district of Edna 
 Grove appealed to the county superintendent. The appeal was heard 
 on the 3d of May, 1888, and a decision rendered by the county superin- 
 tendent upon two points. 
 
 That while the county superintendent has jurisdiction in such cases 
 whenever directors abuse their discretionary powers, he may not render 
 a judgment for money. In this there can be no question of the correct- 
 ness of his decision. If the independent district of Edna Grove feel 
 aggrieved in the apportionment of the assets, their only remedy is to be 
 found in the courts. The law gives the county superintendent no power 
 to interfere in the distribution of the assets. 
 
 The county superintendent also found that the directors of the inde- 
 pendent district of Edna, the old board, had no power to distribute the 
 assets and liabilities, and therefore dismissed the case. Was he correct 
 in this decision? Previous to the year 1876 the law provided that in case 
 
SCHOOL LAW DECISIONS. HI 
 
 of reorganization in independent districts, the old board of directors of 
 the district township should make a division of the assets and liabilities. 
 The sections providing for reorganization of independent districts, 1815- 
 1820, were amended by the sixteenth general assembly and the present 
 sections 1815-1820 enacted in their place. 
 
 Section 1820 as it now stands provides explicitly that the respective 
 boards of directors shall make an equitable division of the assets and 
 liabilities. The law relating to subdivision of independent districts, 
 chapter 133, School Laws of 1888, makes no provision for the division 
 of assets and liabilities. It does however provide that independent dis- 
 tricts organized under the provisions of this act shall be governed by the 
 t laws relating to other independent districts. Section 1715 provides that 
 a similar division, by the respective boards of directors, shall be made 
 in the case of the formation of independent districts. We are led to the 
 conclusion in this case, that the division should have been made by the 
 (respective boards of the independent districts carved out of the inde- 
 pendent district of Edna. 
 
 The decision of the county superintendent is therefore 
 
 AFFIRMED. 
 HENRY SABIN, 
 
 August 11, 1888. Superintendent of Public Instruction 
 
 MICHAEL MELENEY v. DISTRICT TOWNSHIP OF ERIN. 
 Appeal from Hancock County. 
 
 DISCRETIONARY ACTS. May not be reversed unless the proof is conclusive. The 
 board must bear any blame that may attach to an unwise or inexpedient action. 
 
 The transcript in this case shows that on the 19th day of March, 1888, 
 the directors voted to locate the new school-house in subdistrict number 
 six, as near the center of sections 3, 4, 9 and 10, as practicable. 
 
 April 23, 1888, they voted to locate the house on the southeast cor- 
 ner of the southwest quarter of section 4. From this decision Michael 
 Meleney appealed to the county superintendent, who after hearing evi- 
 dence in the case reversed the action of the board and relocated the site 
 for the new school-house near the southeast corner of the northwest 
 quarter of section nine. From this decision William Boldt appeals. 
 
 The law vests very large discretionary powers in the board. They are 
 chosen by the people for a specific purpose and are directly responsible 
 to the people for the manner in which they discharge their duties. 
 Parties feeling themselves aggrieved by the action of the directors have 
 
112 SCHOOL LAW DECISIONS. 
 
 the right of appeal, but they must make it plain that their grievance is. 
 something more than personal in its nature, that it consists in some- 
 violation of the law, or some abuse of discretion on the part of the 
 directors, such ja? being actuated by selfish or improper motives or neg- 
 lecting to exercise due discretion in guarding the interests of the entire- 
 district. 
 
 The county superintendent, it is true, may determine whatever ques- 
 tions the board had determined, but he is not to put himself in the place 
 of the board, nor is he to assume, except in extreme cases, the responsi- 
 bility which belongs to them. It is not expected that he will assume 
 original jurisdiction and reverse their action upon his individual judg- 
 ment. He may even think that if he had been a member of the board 
 he would have voted differently from the majority, or that some other 
 course than that taken by the board would have been better for the 
 interests of the district, and yet feel compelled to affirm the action of the 
 directors. He may not reverse their action unless it is proved beyond 
 doubt that they violated law or in some manner abused their discretion. 
 If there is any doubt, the board are to have the benefit of that doubt. 
 Kennon, Onne, et al. v. District Number Four, Nodaway Township; 
 also, Boyer v. Independent District No- #, Dutch Township. 
 
 The township of Erin consists of five subdistricts. Three of the direct- 
 ors voted to locate the new house in subdistrict number two, on the site 
 in question, and two favored a site one-half mile farther south. There 
 was very little testimony introduced in the trial before the county super- 
 intendent. While it is evident that the site chosen by the majority of 
 the directors is in some respects not the most desirable for a school-house 
 site, it is uncertain whether there is any better site in that neighborhood. 
 There is nothing to show that they have violated any law or in any way 
 abused their discretion. 
 
 The proceedings of the county superintendent in this case have been in 
 all respects in accordance with the requirements of the law and he was- 
 undoubtedly actuated by the best motives. We cannot however affirm 
 his decision without violating a well known rule of law and reversing 
 the policy which this department has followed without an exception. The 
 decision of the county superintendent is 
 
 REVERSED. 
 HENRY SABIN, 
 
 September 17, 1888. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 113 
 
 J. F. KLISE v. DISTRICT TOWNSHIP OF INDEPENDENCE. 
 Appeal from Jasper County. 
 
 1. NOTICE. When leading parties in the case sign an agreement waiving notice, 
 neither side can afterward object to such proceedings as being irregular. 
 
 2. INDEPENDENT DISTRICT: Organization of. In establishing the boundaries of 
 a contemplated independent district under section 1801, the board should 
 include with the town such contiguous territory as may best subserve the con- 
 venience of the people for school purposes. 
 
 The transcript shows that on the 25th day of May, 1888, the directors 
 of the district township of Independence, upon a petition duly signed 
 and presented to them, refused to establish the independent district of 
 Baxter as prayed for in said petition. The transcript further shows that 
 at said meeting the directors established the independent district of Bax- 
 ter, with boundaries as follows: "Beginning at northwest corner of the 
 southeast quarter of the northeast quarter of section 15, running thence 
 east one-half mile, thence south one-half mile, thence west one-half mile, 
 thence north one-half mile to place of beginning." 
 
 From this action J. F. Klise appealed to the county superintendent, 
 who on the 27th day of June, 1888, rendered his decision reversing the 
 action of said board and establishing the independent district of Baxter 
 with boundaries as follows: Beginning at the N. W. corner of the east 
 half of the N. E. quarter of section 15, thence run due east to the N. E. 
 corner of section 13, thence south to the S. E. corner of the N. E. quar- 
 ter of section 24, thence west to the S. W. corner of the east half of the 
 N. E. quarter of section 22, thence north to place of beginning. The 
 board now appeal. 
 
 There are some irregularities in this case which must be noticed here. 
 The transcript of proceedings was filed by the secretary before the affi- 
 davit was in the office of the county superintendent, and the case was 
 thereupon dismissed. A new case was instituted and the secretary refiled 
 his original transcript instead of preparing a new one. It does not ap- 
 pear that the interest of either party was prejudiced by this error. It 
 has always been held by this department that the stringent rules of prac- 
 tice are not to be too closely followed in this system of appeals, and that 
 as the leading purpose of the law is to obtain substantial justice, this 
 object should not be defeated by technical objections. See James C. 
 Smith v. District Township of Maquoketa. It should also be noticed 
 that the transcript of record sent up by the county superintendent shows 
 tjiat "The transcript of the records of said board, together with copies of 
 
114 SCHOOL LAW DECISIONS. 
 
 papers and plats being on file in this office, the same were accepted in 
 this case, and Mr. Klise on behalf of himself as appellant, and D. K, 
 Mann, secretary of said school board, and J. F. Walton, a member 
 of the committee of said board, on the part of the appellee waive any 
 further notice, and the day is fixed for the hearing of said appeal on the 
 22nd day of June, 1888." 
 
 It is held that the above agreement acts as a bar to the right of either 
 party to object to further proceedings, and that the county superin- 
 tendent did not err in proceeding to try the case upon its merits. 
 
 There is but one vital point in this case. Did the county superin- 
 tendent err in fixing the boundaries for the independent district of Bax- 
 ter? The limits of said district as established by the township board, 
 contained 160 acres of land, the valuation of which, as appears from the 
 testimony sent up by the county superintendent, is estimated at about 
 $24,000. When we consider that there are at least eighty pupils to be 
 provided for in the contemplated district, it is evident that to provide 
 suitable school accommodations under such limitations would require an 
 excessive rate of taxation, beyond anything contemplated by the law. 
 
 We hold that in this respect the board did abuse the discretion reposed 
 in them by the law, and that the county superintendent was fully war- 
 ranted in reversing their action. The county superintendent had full 
 power to do whatever the board could lawfully do. Did he abuse his 
 discretion in establishing the boundaries of the independent district of 
 Baxter? According to the transcript sent up to this office, certified to 
 by the county superintendent, as the assessed valuation of real and per- 
 sonal property within the limits as set off by him, to constitute the inde- 
 pendent district of Baxter, and as found in the books marked 1887-1888, 
 considered by him in determining said case, the valuation is both real 
 estate and personal, $58,177. The same valuation for the township is 
 $320,887. The number of pupils within the limits of said independent 
 district of Baxter is nearly twice as many as in any of the remaining 
 subdistricts of the township. The division of territory seems to be as 
 nearly equitable as any that can be devised. 
 
 It is therefore ordered that the independent district of Baxter be 
 created to consist of such territory as was set off by the county superin- 
 tendent in his decision rendered June 27, 1888, and that in accordance 
 with section 1801 an election shall* be held on the 20th day of March, 
 1889, at which time the electors shall vote by ballot for or against such 
 organization. 
 
 The decision of the county superintendent is 
 
 AFFIRMED. 
 HENRY SABIN, 
 
 October 29, 1888. Superintendent of Public Instniction. 
 
SCHOOL LAW DECISIONS. H5 
 
 SAMUEL WALKER v. J. S. CRAWFORD, COUNTY SUPERINTENDENT. 
 Appeal from Cass County. 
 
 1. CERTIFICATE: Refusal of. The county superintendent is his own judge as to 
 how fully he will give the applicant reasons for the refusal of a certificate. 
 
 2. : - . The county superintendent is charged with the responsibility 
 of refusing to issue a certificate to any person unless fully satisfied that the 
 applicant possesses the essential qualifications demanded of teachers by the 
 law. 
 
 S. DISCRETIONARY ACTS. Unless a marked violation of the large discretion 
 vested in the county superintendent is proved clearly and conclusively, his 
 action in refusing or revoking a certificate will not be interfered with on 
 appeal. 
 
 This case arises from the refusal of J. S. Crawford, county superin- 
 tendent of Cass county, to grant a certificate to Samuel Walker to teach 
 in the schools of said county. The case was reheard on the 1st day of 
 December, 1888, byway of appeal, the county superintendent approving 
 his former decision. Samuel Walker appeals. 
 
 Section 1766 requires the county superintendent to examine each can- 
 didate desiring to teach in the public schools of his county, in certain 
 branches enumerated therein, with special reference to his competency 
 .and ability to teach the same. But section 1767 still further directs that 
 the county superintendent must satisfy himself that the applicant pos- 
 sesses a good moral character and the essential qualifications for govern- 
 ing and instructing children and youth. Here then, are three distinct 
 qualifications to be investigated and determined by the county superin- 
 tendent before he issues the certificate, 
 
 My predecessor very pointedly says in a written opinion on file in this 
 office: "Under the law the county superintendent must be satisfied that 
 you (the candidate) possess all the qualifications enumerated by the law." 
 
 In this case it is not claimed that the appellant is deficient in the 
 branches usually taught in the public schools. Neither is it charged 
 that he does not possess a good moral character. The only point in 
 question is his ability to instruct and govern children and youth. We 
 confess that this is an exceedingly difficult point to determine in many 
 cases. The surest way undoubtedly is to visit and inspect the school, 
 but we think the county superintendent took the next best way when he 
 drew the candidate into a conversation and allowed him to express him- 
 self freely and without reserve. There are certain traits of character 
 most essential to a teacher, which cannot be ascertained by a written 
 examination alone. 
 
116 SCHOOL LAW DECISIONS. 
 
 At the time of the trial on appeal the county superintendent was placed 
 on the stand as a witness for the appellant. In the course of his testi- 
 mony he made this statement: "I refused Mr. Walker a certificate be- 
 cause I thought, and still think, Mr. Walker did not have judgment, a 
 well balanced mind, and common sense, to teach a good school." It is 
 not the duty of the superintendent of public instruction to try this case 
 de novo in order to determine the correctness of this conclusion. We 
 are not called upon to pass upon the fitness or unfitness of Mr. Walker 
 to teach in the schools of Cass county. 
 
 Did the county superintendent err, in that he was actuated by wrong 
 motives? If through passion or prejudice he refused Mr. Walker a cer- 
 tificate he did him an injustice, and his decision should be reversed. The 
 existence of such a ruling motive would show itself somewhere in the ev- 
 idence. We have read the transcript several times with care, and we 
 fail to find any disagreement existing between the parties previous to, or 
 at the time the appellant was first examined, or that Mr. Crawford has 
 spoken unkindly of Mr. Walker or shown a disposition to injure him in 
 any way. It was competent for the appellant to show clearly at the trial 
 that the county superintendent was prejudiced against him to such an ex- 
 tent as not to do him justice, this he has failed to do by any reliable tes- 
 timony. The weight of the testimony is to the effect that the county 
 superintendent was endeavoring to do his duty as a school officer and in 
 this the superintendent of public instruction must sustain him. 
 
 The counsel for the appellant claims that the county superintendent 
 erred in not informing the applicant upon what grounds he refused him 
 a certificate. The testimony of Mr. Frost, from his long experience in 
 the office of county superintendent, has great weight. We agree with 
 him that it is generally better to inform the applicant frankly and fully 
 why the certificate is refused, but cases may arise in which it is as well 
 not to do this. The law is silent upon this point, the county superin- 
 tendent must be his own judge of what it is best to do. We do not 
 think the refusal in this case is an error on the part of the county 
 superintendent. 
 
 It is also alleged on the part of the appellant that " the county super- 
 intendent made a wrongful decision upon the facts in the ease. n The 
 appellant introduced evidence to show that he had taught a fairly suc- 
 cessful school, and that he was in good repute as a teacher in his own 
 neighborhood. All this was pertinent to the question at issue, but if the 
 conversation and actions of the appellant made such an impression upon 
 the mind of the county superintendent at the time of examination that 
 this evidence even could not overcome it, the county superintendent 
 could not consistently do otherwise than as he did. 
 
SCHOOL LAW DECISIONS. 117 
 
 The discretion vested in the county superintendent by the law is very 
 large, and for this purpose, that he may guard the public schools against 
 the intrusion of persons unworthy or unfit for the office of teacher. The 
 department of public instruction cannot release him from his responsi- 
 bility, nor can it interfere with his discretionary acts except upon the 
 clearest and most convincing proofs of violation of law, or of the influ- 
 ence of passion or prejudice in the performance of his official duty. 
 
 The appellee, on the other hand, seems to argue that the actions of 
 the county superintendent, in refusing to grant a certificate cannot be 
 interfered with by the superintendent of public instruction. In 1867, 
 D. Franklin Wells, then superintendent of public instruction, obtained 
 an opinion from the attorney general of the state, Hon. F. E. Bissell, 
 upon this point. The following extract from that opinion is answer to 
 each of the claims just considered. "Chapter 52, laws of the tenth 
 general assembly, provides that the superintendent of public instruction 
 shall be charged with the supervision of all the county superintendents, 
 and shall determine all cases appealed from the decision of the county 
 superintendent. I hold that under the above provisions, the right of 
 appeal is clearly inferrable, if not directly given to any one aggrieved 
 by the refusal of the county superintendent to give a certificate, or by 
 the revocation of a certificate. The power should, however, be very 
 cautiously exercised and the decision of the county superintendent should 
 not be interfered with except in case of a clear violation of duty, or 
 when the act was the clear result of passion or prejudice." 
 
 After a careful review of the testimony and the able arguments sub- 
 mitted to us, we do not find sufficient reason for reversing the decision 
 made heretofore. 
 
 AFFIRMED. 
 HENKY SABHST, 
 
 February 4, 1889. Superintendent of Public Instruction. 
 
 PERKY HODGE v. K. B. YOUNG, COUNTY SUPERINTENDENT, ET AL. 
 
 Appeal from Dickinson County. 
 
 1. APPEAL. An appeal will lie to determine conclusively whether the provisions 
 of section 1797 have been complied with. 
 
 2. TERRITORY: Transfer of. When a transfer is sought under section 1797, no 
 appeal will lie to control the discretion of the county superintendent and the 
 board of the district from which the territory is taken. 
 
 On the 18th day of February, 1889, K. B. Young, county superintend- 
 ent of Dickinson county, issued an order that the S. E. quarter and also 
 the N. E. quarter of Sec. 24, 99, 36, Center Grove township, should be 
 
118 SCHOOL LAW DECISIONS. 
 
 set off to Richland township for school purposes under section 1797. 
 Perry Hodge appeals from this order. 
 
 It is also in evidence that the directors of the district affected gave their 
 consent to the transfer of territory. As this is a case in which the county 
 superintendent has -original jurisdiction to act with the directors of the 
 district affected, no appeal will lie from his action to control his discretion. 
 It is competent, however, for the superintendent of public instruction to 
 entertain an appeal for the purpose of ascertaining whether the provisions 
 of section 1797 apply. If there is clear evidence that the provisions of said 
 section do not apply, the order of the county superintendent must be set 
 aside. There seems to be clear proof that such a natural obstacle as the law 
 contemplates, does not exist in this case. There are in evidence the affida- 
 vits of certain parties who claim to be well acquainted with the territory 
 transferred by said order, to the effect that the slough in question is by 
 no means impassable to such a degree as to act as an obstacle to children 
 attending school in Center Grove township, in the meaning contemplated 
 by the law. It is held that there is no power under section 1797, to 
 transfer said territory. 
 
 The order of the county superintendent, dated February 18, 1889, is 
 therefore declared void and 
 
 REVERSED. 
 HENRY SABIN, 
 
 May 18, 1889. Superintendent of Public Instruction. 
 
 G. W. DAVIS ET AL. v. DISTRICT TOWNSHIP OF LINN- 
 Appeal from Linn County. 
 
 1 . APPEAL. Will not lie to control the action of either board or of the county 
 superintendent, under section 1793. 
 
 2 , TUITION. To enable the district in which the children reside to collect tuition,, 
 all the requirements of section 1793 must first be fulfilled. 
 
 At their regular meeting on the 18th of March, 1889, the board passed 
 a resolution excluding from the privileges of the school in subdistrict 
 number seven, children from the independent district of Laurel Hill in 
 Jones county who had from time to time for many years, been allowed 
 to attend the school in said subdistrict number seven. On the 13th of 
 April the board considered a petition of parties in the adjoining district 
 of Laurel Hill desiring to send to the school in Linn township, and passed 
 an order refusing to admit their scholars. From this action, G. W. 
 Davis and others appealed to the county superintendent who heard the 
 case on the 9th of May, affirming the order of the board. From his 
 decision G. W. Davis appeals. 
 
SCHOOL LAW DECISIONS. 119 
 
 The attendance of scholars living in an adjoining district is governed 
 by section 1793, School Laws of 1888. By the portion of the section to 
 which this appeal relates, children may attend in another district on such 
 terms as may be agreed upon by the respective boards. In the history 
 of this case it is not shown that any action was taken by the board of 
 Laurel Hill as to agreement regarding terms of attendance. The board 
 of the district township of Linn refused to admit the scholars in question. 
 It is from this order, an initial action, that appeal was taken. 
 
 At the trial before the county superintendent a statement of facts was 
 submitted and was agreed to by both parties to the appeal, as a basis 
 upon which the appeal should be heard. At this point the board by 
 their attorney filed a demurrer, urging that the county superintendent 
 could not acquire jurisdiction; that the action of the board complained of 
 was not subject to revision upon appeal; and asking the county super- 
 intendent to dismiss the case for want of jurisdiction. The demurrer was 
 overruled, the case was tried on the agreed statement of facts, and the 
 order of the board affirmed. Did the county superintendent err in over- 
 ruling the motion to dismiss the case for want of jurisdiction? We think 
 he did. 
 
 If the boards fail to agree upon terms of attendance, certain conditions 
 regarding distance from the respective schools being fulfilled, as they are 
 in this case, sectipn 1793 itself provides the next step to be taken. The 
 county superintendent of the county in which the children reside may 
 give his consent with that of the board of the district where the children 
 desire to attend, admitting them. But from the refusal of the board'to 
 admit the children it is held and has been uniformly held in opinions by 
 this department, that appeal will not lie. It has always been conceded 
 to be the intention of the lawmakers to leave with the board of the dis- 
 trict in which the school is maintained, the matter of determining finally 
 and conclusively, if they choose, that scholars shall not be admitted under 
 the provisions of section 1793. If their consent is withheld, neither the 
 courts of law nor any appellate tribunal may set aside their order of 
 refusal, and compel them to admit outsiders and accept as compensation 
 for their instruction the amounts fixed by section 1793. District No. 2, 
 Harlan Township v. District No. 1, Harlan Township, last paragraph 
 but one. We have referred to this matter at such length, because the 
 counsel for the appellant urges the claim that the case should be remanded 
 for a new trial. 
 
 We are compelled to find that there are but two methods in law, by 
 which attendance in subdistrict number seven may be secured for their 
 children by the appellants. The two boards may agree as to the terms 
 of attendance. Or after they have refused to agree the concurrent con- 
 sent of the county superintendent of Jones county and the board of the 
 
120 SCHOOL LAW DECISIONS. 
 
 district township of Linn, will entitle the children to attendance and bind 
 their home district for the expenses of their instruction in the manner 
 provided by section 1793. But appeal will not lie to control the action 
 of either board," or of the county superintendent. 
 
 REVERSED AND DISMISSED. 
 
 HENRY SABIN, 
 August 6, 1 889. Superintendent of Public Instruction. 
 
 J, S. FOLSOM et al. v. DISTRICT TOWNSHIP OF CENTER. 
 
 Appeal from Cedar County . 
 
 MODIFICATION OF DECISION. 
 
 APPEAL. A decision may be modified upon proof that a change in its terms is 
 ' desirable. 
 
 The decision given in the above entitled appeal, dated June T, 1888, is 
 hereby modified as follows. 
 
 We are assured that the provisions of the decision have been complied 
 with, the site having been located and the school-house built thereon 
 in strict conformity with the terms of the decision. It is now desired by 
 all parties to change the form of the site, slightly. Our decision re- 
 ferred to above is therefore modified so that the site may extend about 
 eighteen rods south of the limitation made by the former decision, and 
 shall be about twenty-two rods long, six rods wide at the south end, and 
 nine rods wide at the north end. 
 
 HENRY SABIN, 
 
 December 30, 1889. Superintendent of Public Instruction. 
 
 ISHAM WATKINS v. INDEPENDENT DISTRICT OF EMPIRE. 
 Appeal from Marion County . 
 
 1. APPEAL. An appeal will not lie from an order of aboard initiating a change 
 in boundaries, where the concurrence of the board of an adjoining district is 
 necessary to effect the change. 
 
 2. JURISDICTION. The jurisdiction of an appellate tribunal is not greater than, 
 that of the board from whose action the appeal is taken. 
 
 On the 16th of September, 1889, the board of the independent district 
 of Highland determined to notify Isham Watkins of Empire district, 
 that his children could not any longer attend the school in Highland dis- 
 trict. The records show that they were willing that he should be attached 
 to Highland district. This was taken as an initiatory movement. Isham 
 
SCHOOL LAW DECISIONS. 121 
 
 Watkins petitioned the board of the Empire district to set off the 
 north half of northeast quarter of section 25, 75, 21, to the independent 
 district of Highland. The petition was rejected, in effect the Empire 
 board refused to concur. An appeal was taken to the county su perin- 
 tendent, who ordered that the northeast quarter of northeast qitarter of 
 section 25, be detached from the independent district of Empire and 
 attached to the independent district of Highland. 
 
 Of the several questions involved in this case it is only necessary to 
 discuss one. Did the county superintendent exceed his jurisdiction? 
 The board of Highland initiated an action. The directors of Empire 
 district must either concur or nonconcur, and from their action an appeal 
 could be taken. If they did not choose to accede to the proposition of 
 the Highland district, then action in that particular ended with their vote 
 to nonconcur. If they had a different proposition to make, as for instance 
 granting forty acres, they could only initiate a movement to that effect, 
 and leave it for Highland district to act, and from the action of the latter 
 board an appeal could then be taken. 
 
 In this case the county superintendent initiates a new action, and leaves 
 it for Highland district to act. Now if his action is allowed to stand, 
 any one aggrieved may take an appeal from the action of the board of 
 the Highland district. He would then have an appeal brought before 
 the county superintendent from an action which he himself initiated. It 
 might be further argued that if the county superintendent has original 
 jurisdiction, then this appeal cannot lie, as an appeal can be taken only 
 from the action of the board completing the action. The precedents 
 established have been followed closely by this department and we can see 
 no reason for breaking away from them. 
 
 It is held that in cases requiring the concurrent action of two boards, 
 the board completing the action can only concur or nonconcur. Any 
 action involving a new proposition initiates a new case, which must be 
 passed upon by the other board concerned in the matter and from which 
 an appeal can be taken. It is further held that the county superintendent 
 upon appeal is limited to reversing or affirming the action of the board 
 completing the action, and that he cannot assume original jurisdiction 
 and do what the board appealed from could not do. 
 
 It seems apparent that Mr. Watkins has not reasonably good school 
 facilities and we regret that we are compelled to set aside the decision of 
 the county superintendent. He was actuated by laudable motives and 
 was looking for the best interests of the children in this case. We are, 
 however, forced to the conclusion that the county superintendent erred 
 in assuming original jurisdiction. 
 
 REVERSED AND DISMISSED. 
 HENRY SABIN, 
 
 March 18, 1890. Superintendent of Public Instruction. 
 
122 SCHOOL LAW DECISIONS. 
 
 MAXWELL v. DISTRICT TOWNSHIP OF LINCOLN. 
 Appeal from Union County. 
 
 1. PROCEEDINGS. The regularity of all the proceedings will be presumed upon. 
 This is true in an especial sense when the records are more than usually full 
 and complete. 
 
 2. TEACHER: Trial of. In the trial of a teacher the board are bound carefully 
 to protect the interests of the district and to seek the welfare of the school, as. 
 well as to regard the rights guaranteed to the teacher. 
 
 On the 9th day of December, 1889, the secretary acting upon a peti- 
 tion signed by five residents, called a meeting of the board for Decem- 
 ber 14, to examine the teacher of subdistrict number eio-ht. A notice 
 
 ?"5 
 
 was also served upon the teacher the same date, signed by secretary, 
 both the call and the notice being spread upon the records in due form. 
 The meeting was held on the 14th of December. The records show that 
 the appellant was present and objected to the consideration of the charges, 
 as the proceedings were not in accordance with section 1734. At the 
 same time he demanded a copy of the charges and that one w T eek be 
 given him in which to prepare his defense, which demand was complied 
 with and the board adjourned to December 21. 
 
 If the appellant had moved to dismiss the case, it would not have been 
 an error to sustain the motion, but he submitted to the jurisdiction of the 
 board and obtained a continuance of the case until December 21. It 
 must be held that by this action he waived any defect or irregularity in 
 the jurisdiction of the board in this case. The purpose and object of the 
 process, as pointed out in section 1734, was fully accomplished. See 
 Wilgus et al. v. Getting* et al., 19 Iowa, page 82. At the meeting held 
 December 21, the board voted to discharge the teacher. An appeal was 
 taken to the county superintendent who affirmed the board. The appel- 
 lant appeals to the superintendent of public instruction. 
 
 The only question before the county superintendent was whether the 
 conditions as prescribed in section 1734 were fully complied with. It is 
 alleged that while the teacher was present,- he was not allowed to make 
 his defense. The secretary's transcript furnishes the only means of de- 
 termining this. The records show that he was allowed to cross-examine 
 witnesses, and they do not show that he was barred from offering evi- 
 dence had he chosen to do so. There can be no question of the power 
 of the board under the law to discharge the teacher. It is held in case 
 of Kirkpafoick v. Independent District of Liberty, 53 Iowa, 585, that 
 the board does not act as a court, in any strict sense, and is not bound 
 
SCHOOL LAW DECISIONS. 123- 
 
 by the rules applicable to a court. The intent of the statute is evidently, 
 while it guards carefulty the rights of the teacher, to enable the board to 
 discharge a teacher who, after a careful investigation, is determined to- 
 be unfit for the position. It is termed "a simple and inexpensive way 
 of determining rights." It is claimed by the counsel for the appellant 
 that when a certain mode is prescribed in determining a case not in the 
 usual course of the common law, such mode must be followed, and 
 reference is made to the case of Cooper v. Sunderland, 3 Iowa, 125. 
 But it is held in the same case that when sufficient appears on the face 
 of the records to give it jurisdiction under the law conferring the power, 
 then the presumption attaches in favor of the remainder of the proceed- 
 ings of the court. If the action of the appellant in appearing for trial 
 gave the board jurisdiction, then all the proceedings must be held to be 
 regular. The discharge of a teacher is largely within the discretionary 
 power of the board. They are to guard the rights of the district and the 
 interests of the school, as well as the rights of the teacher. After a full 
 and fair investigation it is their duty to act as they deem it best, under 
 all the conditions and circumstances of the case. See Smith v. District 
 Township of Knox, 42 Iowa, 522. This being the case it is the duty of 
 the county superintendent not to interfere with the action of the board 
 unless he is convinced that they in some way abused their discretion. 
 He is* right in sustaining the board even though as an individual he would 
 have preferred some other action on their part. 
 
 Our conclusion is, after a careful consideration of the matter and after 
 reading the transcript with unusual care, that the defendant had a fair 
 and impartial trial, and that the terms of the law were substantially 
 complied with. The decision of the county superintendent is 
 
 AFFIRMED. 
 HENKY SABIN, 
 
 June 12, 1890. Superintendent of Public Instruction. 
 
 KELLEY AND SMITH v. DISTRICT TOWNSHIP OF EDEN. 
 Appeal from Decatur County. 
 
 BOARD OF DIRECTORS. After such a decision as prevents any action of the board' 
 until some material change occurs, in order that the board may act anew 
 changes of such a character as to obviate to a large extent the objections that 
 previously existed, must have taken place. 
 
 The main points in this case are simply these: On the 8th day of Feb- 
 ruary, 1890, the board voted to abolish subdistrict number eight. Appeal 
 was taken to the county superintendent, who reversed the action of the- 
 
124 SCHOOL LAW DECISIONS. 
 
 board. An appeal was then taken to the superintendent of public 
 instruction. 
 
 This department has held that when a case involving a change of sub- 
 district boundaries has been adjudicated by the county superintendent, 
 reversing the action of the board, and has been affirmed when brought 
 before the superintendent of public instruction, upon appeal, it cannot 
 again be brought upon appeal, unless it can be shown that some material 
 ^change affecting the conditions of the case has taken place since the 
 date of the former decision. It is proper to say that this holding is 
 based upon opinions uniformly given by the former superintendents of 
 public instruction, and on file in this office. 
 
 As this case was substantially before this department in March, 1888, 
 .it is first in order to determine whether any material change has taken 
 place affecting the conditions of the case, since that date. By a material 
 change we mean such a change as would obviate to a large extent the 
 objections raised against the action of the board at that time. 
 
 The erection of the bridge over Little Kiver does not, according to the 
 testimony, lessen the difficulty of attending school on the part of certain 
 scholars, as the bottom land is impassable during high water. There has 
 been no decrease in the number of pupils which renders it expedient to 
 -abolish subdistrict number eight. The taxes in Eden township for 
 .school purposes are not in excess of what they were in 1888. 
 
 We are unable to find after carefully reading the testimony in this 
 -case, that there has been any material change affecting this case since 
 our decision rendered March 16, 1888. This conclusion renders it 
 unnecessary to examine other points raised by counsel. 
 
 AFFIRMED AND DISMISSED. 
 
 HENRY SABIN, 
 -June 23, 1890. Superintendent of Public Instruction. 
 
 MICHAEL DONELON v. DISTRICT TOWNSHIP OF KNIEST. 
 Appeal from Carroll County. 
 
 SUBDISTRICT BOUNDARIES. The boundaries of subdistricts may be changed or new 
 subdistricts formed, only at the regular meeting of the board in September or 
 at a special meeting held before the following March. 
 
 On the 24th of March, 1890, the board made an order changing the 
 boundary between subdistricts four and five. Michael Donelon residing 
 upon the territory transferred appealed to the county superintendent, 
 who on the 14th of April affirmed the order of the board, and from his 
 decision Mr. Donelon appeals. 
 
SCHOOL LAW DECISIONS. 125, 
 
 The action of the board called in question was taken under section* 
 1796, the first of which section reads: "The board of directors shall, at 
 their regular meeting in September, or at any special meeting called' 
 thereafter for that purpose, divide their township into subdistricts, etc."' 
 It has been continuously held by this department ever since the enact- 
 ment of the provision of law quoted above, that as changes in the sub- 
 district boundaries under section 1796 do not take effect until the follow- 
 ing subdistrict election, it is therefore the manifest intention of the law as- 
 indicated in the reading of the portion of section 1796 we have quoted, 
 that said changes should be ordered at the regular meeting of the board 
 in September, or at a specially called meeting held long enough before- 
 the subdistrict election to allow time for notices to be given for the elec- 
 tion of subdirectors, and that the law does not give the board power to- 
 change subdistrict boundaries between March and September, but only 
 between September and March. If this is the meaning of the law it is- 
 decisive of this case, and we shall be compelled to dismiss the case for 
 want of jurisdiction. 
 
 A careful examination of the question leads us to the same conclu- 
 sions uniformly announced by our predecessors. We are able in no- 
 other way to explain the wording of the section. It seems plain that the- 
 law intends to impose the limitation upon the board so clearly indicated 
 by the phraseology of section 1796. 
 
 Attention is invited to the decisions found on pages 25, 26, and 63, 
 School Law Decisions of 1876. It is also worthy of notice that this- 
 principle has been considered to be so fully established in practice and* 
 so well understood, that cases referring to the universally admitted fact 
 have been omitted from the three compilations of decisions made since 
 1876. This case is the first appeal for many years past reviving the- 
 question. 
 
 We are aware that the case in 70 Iowa, 338, may be urged as afford- 
 ing opportunity for a different view than the one taken by us. But it- 
 must be observed that the matter at issue in that case is whether the 
 board have power to exercise their discretion in so full and complete a> 
 manner as to dispense entirely with a new subdistrict recently created 
 by a former board, and thus by a single order opposite in intention to- 
 nullify all that had been done previously in regard to change of boundar 
 ries. It was urged that the board do not have such power after the sub- 
 district has acquired a legal existence. The effect of the decision is to- 
 establish the power of the board to exercise their fullest discretion in 
 determining the necessity for change of boundaries, subject to the- 
 remedy of appeal. We cannot interpret the decision as setting aside 
 that provision of 1796 which directs that such changes in boundaries 
 shall be made at the regular meeting of the board in September, or at a. 
 
126 SCHOOL LAW DECISIONS. 
 
 special meeting thereafter, obviously not to be held later than the first 
 Monday in March. 
 
 It is apparent then that the action of the board complained of in this 
 case was not ^accordance with law, and hence was null and void. It 
 is fortunate that the board have an opportunity within a few weeks to 
 take such action as may then seem to them for the best interests of their 
 district and and all concerned. 
 
 KEVERSED AND DISMISSED. 
 HENRY SABIN, 
 
 August 23, 1890. Superintendent of Public Instruction. 
 
 E. J. HOSKINS ET AL. V. DISTRICT TOWNSHIP OF LlNCOLN . 
 
 Appeal from Shelby County. 
 
 1 . DISCRETIONARY ACTS. The appellate tribunal is to decide only whether the 
 action complained of in the affidavit of appeal is proved to be of such a nature 
 as to compel a reversal of such action. 
 
 2. APPEAL. It is not intended that the superintendent of public instruction shall 
 hear an appeal case de novo. He is confined to the record of the case as heard 
 before the county superintendent. 
 
 .3. . It is not the purpose of an appeal to secure a decision as to which 
 
 of two sites is preferable, or as to whether a better site might not have been 
 found. If the site chosen is proved to be unsuitable, or an abuse of discretion- 
 ary power is clearly shown, then the order of the board may be set aside, buf 
 not otherwise. 
 
 On May 19, 1890, the directors passed an order locating the school- 
 house site in subdistrict number seven, in the N. W. corner of section 
 36. From this order E. J. Hoskins appealed to the county superin- 
 tendent, who affirmed the action of the board. Appeal was then taken 
 to the superintendent of public instruction. 
 
 Exclusive power to locate school-house sites is vested in the board. 
 Such power is nowhere given to the county superintendent. The only 
 limitations imposed upon the board are that they shall observe the geo- 
 graphical position and the convenience of the people. If any one is 
 aggrieved by the action of the board he may appeal to the county super- 
 intendent, who has the power after a hearing of the case to reverse their 
 action provided he is satisfied beyond a reasonable doubt that they have 
 violated law, or abused their discretion in some way, as by choosing a 
 site too far from the geographical center or one which is not suited to 
 the convenience of the people. 
 
 It is not claimed in the present case that the board violated law in any 
 The difference between the two sites in question is only eighty 
 
SCHOOL LAW DECISIONS. 12 7 
 
 rods and there is no preponderance of evidence to show that one is much 
 more suited to the convenience of the people than the other. It is not 
 the intention of the law that the county superintendent should place his 
 private judgment over against the judgment of the board. His duty is 
 to determine whether the grievance complained of in the affidavit is 
 proved to be of such a nature as to warrant him in interfering with the 
 action of the board. His own opinion that some other course of action 
 would have been better should not be allowed to bias his decision. The 
 counsel for appellants urged at the trial before the superintendent of 
 public instruction, that they could not get a trial of facts before the 
 county superintendent ; they desired him to ascertain which of the two 
 sites is more preferable as a site for a building and to base his decision 
 upon that alone. The affidavit upon which the case was tried before the 
 county superintendent alleges in substance that the site chosen by the 
 board is for various reasons unsuitable for school purposes. The issue 
 -was joined upon this fact, and the county superintendent in his decision 
 Unds that while the site contended for by the appellants is in some re- 
 spects the better of the two, the one selected by the board is not unsuit- 
 able for school purposes and constitutes what he considers a fair average 
 site. Under such conditions he very properly affirmed the action of the 
 board. 
 
 The counsel for appellant places great stress upon the decision of the 
 supreme court in the case of Atkinson et al. v. Hutchinson et al., 68 
 Iowa, 161, to prove that the superintendent of public instruction is not of 
 necessity confined to the exact record made before the county superin- 
 tendent, but that his decision should be based upon all essential, existing 
 facts. It is supposed that such facts are brought out upon the trial be- 
 fore the county superintendent and appear in the transcript of evidence 
 sent up with the case. If between the time of trial before the county 
 superintendent and the trial before the superintendent of public instruction 
 some essential evidence comes to li^ht which could not from its nature 
 have been known at the time of the trial before the county superintendent, 
 it would perhaps be proper for the. superintendent of public instruction 
 to take it into consideration before rendering his decision. In the case 
 cited, at that time before the supreme court, it was contended that certain 
 unusual changes took place prior to the hearing before the superintendent 
 of public instruction, which affected very materially the condition of 
 affairs. The court in rendering its decision took it for granted that these 
 changes were known to the superintendent of public instruction at the 
 time he decided the case. If the supreme court had intended to convey 
 the idea that it is the province of the superintendent of public instruction 
 to hear the case de novo in the usual acceptation of that term, they would 
 hardly have said that the legislature designed to provide an inexpensive and 
 
128 SCHOOL LAW DECISIONS. 
 
 summary way of disposing of these questions when it afforded aggrieved 
 parties the right of appeal. Indeed if the superintendent of public in- 
 struction had the power to discard the trial before the county superin- 
 tendent, and to send for witnesses and papers from remote sections of 
 the state, as would be necessary in hearing these cases de novo, this- 
 would prove the most expensive and tedious way of disposing of these 
 questions which it would be possible to devise. 
 
 The decision of the county superintendent is 
 
 AFFIRMED. 
 HENKY SABIN, 
 
 October 9, 1890. Superintendent of Public Instruction. 
 
 HEFFEKN AND VAN PATTER v. DISTRICT TOWNSHIP OF TIPTON. 
 Appeal from Hardin County. 
 
 1. SCHOOL-HOUSE TAXES. The board may not refuse to expend school-house 
 funds for the purposes for which they were voted. 
 
 2. MANDAMUS. To compel the performance of an official duty not involving the 
 exercise of discretion, a writ of mandamus is a speedy remedy. 
 
 The affidavit in this case recites in effect that at their meeting in March, 
 1889, the electors of subdistrict number one voted a tax of two hundred 
 dollars on themselves to purchase a site near the center of the subdistrict, 
 remove the school-house, and procure a highway to the same. At their 
 meeting March 17, 1890, the board voted to lay on the table a petition 
 asking for immediate action. The county superintendent affirmed the 
 action of the board. Heffern and Yan Patter appeal. 
 
 There is no doubt as to the facts in this case. The tax of two hundred 
 dollars was voted, was levied by the supervisors, and part of it has been 
 collected and is now in the hands of the district treasurer. In such a 
 case there is no provision of law by which the board may be excused 
 from expending the money for the purposes for which it was levied. 
 This duty is not discretionary but mandatory. The board, however, are 
 entitled to a reasonable length of time, and may use their discretion as 
 to the best and most economical way of expending the money provided 
 they regard strictly the purpose for which it was raised. It does not 
 appear that the board in laying the petition upon the table were actuated 
 by any desire to delay action unreasonably or to defeat the wishes of the 
 electors. The board have also large discretionary powers when deter- 
 mining the location of a highway. 
 
 We are disposed after a careful consideration of this case to remand 
 it to the county superintendent, to be by her remanded to the board 
 
SCHOOL LAW DECISIONS. 129 
 
 with instructions that they proceed at the earliest date possible to carry 
 out in good faith the wishes of the electors of subdistrict number one. 
 If they fail to do this the most speedy remedy for any one aggrieved is 
 an application to the court for a writ compelling the directors to act. 
 
 AFFIRMED AND REMANDED. 
 
 HENRY SABIN7 
 March 24. 1891. Superintendent of Public Instruction. 
 
 W ATKINS, RICHIE, et al. v. INDEPENDENT DISTRICT OF EMPIRE. 
 Appeal from Marion County. 
 
 APPEAL. The action of two boards upon a subject over which they have divided 
 control constitutes a concurrent action, and appeal may betaken only from 
 the order of the board taking action last. 
 
 The affidavit upon which this appeal is brought to this department re- 
 cites in effect that the appellants are aggrieved by the decision of the 
 county superintendent, reversing the action of the board of the independ- 
 ent district of Empire and attaching certain territory described as the 
 northeast quarter of the southeast quarter of section 25 to the independ- 
 ent district of Highland for school purposes. 
 
 The transcript shows that upon the petition of Isham Watkins, the di- 
 rectors of the independent district of Highland acceded to the transfer 
 of said forty acres, but that the directors of the independent district of 
 Empire refused to concur. It is granted that in this case the county 
 superintendent has only appellate jurisdiction, and that said officer can 
 only affirm or reverse a concurrent action. 
 
 The only remaining point in the argument of counsel for the independ- 
 ent district of Empire is, that as there was no agreement of the two 
 boards there was no action and consequently the county superintendent 
 had no jurisdiction. It is held that a concurrent action is one in which 
 the action of two boards is necessary in order to determine the question 
 at issue. In this case the question to be determined was the transfer of 
 certain territorry from the independent district of Empire to the inde- 
 pendent district of Highland. The independent district of Highland 
 voted to annex the territory to their district. The independent district 
 of Empire refused to concur and the action as far as the two districts 
 were concerned was completed. 
 
 It was plainly such an action as is contemplated under section 1829 in 
 defining the right of appeal. See Dayton v. District Township of Cedar, 
 
 9 
 
130 SCHOOL LAW DECISIONS. 
 
 page 58, 'School Law Decisions of 1888, also Walton v. Independent Dis- 
 trict of Osage, page 158, School Law Decisions of 1876. It cannot be 
 held in the case at bar, that the county superintendent did what neither 
 'board had power to do, in ordering the territory in question to be trans- 
 ferred. She simply on appeal corrected what she deemed to be an error 
 of discretion on the part of the board completing the action, and in this 
 she did not exceed her jurisdiction The decisions of this department 
 'have invariably upheld this view of such cases. 
 
 We think the board of Empire district in refusing to concur com- 
 mitted an error sufficient to justify the county superintendent in revers- 
 ing them. The decision of the county superintendent is 
 
 AFFIRMED. 
 
 HENRY SABIN, 
 
 JMarch 27, 1891. Superintendent of Public Instruction. 
 
 ELISHA AND ELDA TANNER v. INDEPENDENT DISTRICT OF CLARENCE. 
 Appeal from Cedar County. 
 
 1. AFFIDAVIT. A technical error in the affidavit not prejudicial to either party 
 will not defeat the appeal. 
 
 2. SCHOOL PRIVILEGES. The law is to be construed in the interest of the child. 
 The actual residence of the scholar at the time will establish the [right to 
 attend school free of tuition. 
 
 The directors of the independent district of Clarence excluded Elda 
 Tanner from school until such time as her tuition is paid, on the ground 
 that she is a non-resident pupil. The county superintendent on appeal 
 reversed the action of the board and appeal was taken to the superin- 
 tendent of public instruction. It was claimed before the county super- 
 intendent that inasmuch as the affidavit upon which the appeal was based 
 was without the seal of the notary public, that there were no grounds 
 upon which the appeal could be legally based. While it is true that the 
 notarial seal is necessary to constitute an affidavit, in this case the notary 
 public was present at the time of trial and under oath testified that the 
 omission of the seal was only an oversight on his part, and that the per- 
 sons therein designated did make oath to the paper and affix their signa- 
 tures to it in his presence, then he also there affixed the notarial seal. It 
 is held that since no interests were prejudiced by the error which at the 
 best was only technical, that the county superintendent did not commit 
 .an error in overruling the motion to dismiss the case. 
 
 The allegation of facts made by Elda Tanner are that she is sixteen 
 years of age, that her father and mother have parted, and that for ten 
 
SCHOOL LAW DECISIONS. 131 
 
 years or more she made her home in the family of Mrs. McCartney in Mas- 
 silon township. Before she came to Clarence she had an understanding 
 with her father that she was to care for herself thereafter. She also claims 
 that being thus emancipated from her father's control, she chose to be- 
 come a resident of Clarence, and as an actual resident of that school 
 district is entitled to the privileges of school under the provisions of 
 section 1794. 
 
 It is of interest to ascertain how far such an agreement constitutes 
 emancipation of a minor child. It is held in 1 Iowa, 356, that in the 
 absence of statutory requirements such emancipation need not be evi- 
 denced by any formal or record act, but may be proved like any other 
 fact. The evidence of Elda Tanner in this case is corroborated by that of 
 her father, and of Mrs. McCartney who was present during the conver- 
 sation. We are disposed to hold that Elda Tanner under the facts as 
 sworn to before the county superintendent was at liberty to choose such 
 a place of residence as seemed to her most fitting. What constitutes an 
 actual residence for school purposes? The provisions of the statute say 
 that it is to be considered without regard to time of acquiring such 
 residence, whether before or after enumeration, and regardless 
 of the residence of the parents. The evident and beneficent intent of 
 the law is that no child shall be deprived of school privileges. The 
 father of a family may move into the district from an adjoining state, 
 and although certain time must elapse before he is entitled to vote he 
 may place his children in school the very day he arrives. In the same 
 spirit it has been held that children living in families in which their work 
 compensates for their board, are actual residents and are entitled to 
 school privileges. The law is to be construed in their interests. The 
 district is entitled to have such children enumerated, if they are thus 
 actual residents at the time the school census is taken. We do not 
 undertake to decide that parents or guardians can transfer children from 
 one district to another for school purposes alone, but only that those who 
 are actual residents under the provisions of the law may attend school 
 without the payment of tuition. While it is true in general that the res- 
 idence of a child is the same as that of the parents or guardian, the law 
 evidently contemplates exceptions to this general rule and leaves the 
 right to attend school to be established by the actual residence of the 
 child. Any other construction would not be in accordance with the 
 spirit of the law, and would deprive many children of the right to 
 attend the public schools. 
 
 In this case the question of residence is largely one of intent. The 
 testimony of Elda Tanner is to the effect that she was at the time of at- 
 tendance an actual resident of Clarence, and had no other place of resi- 
 
132 SCHOOL LAW DECISIONS. 
 
 dence. It was competent for the board to disprove this, but we cannot 
 find that the testimony to that effect is conclusive. 
 
 It is held that the board erred in excluding Elda Tanner from school 
 and the decision of the county superintendent is 
 
 AFFIRMED. 
 HENRY SABIN, 
 April 24, 1891. Superintendent of Public Instruction. 
 
 J. C. REED et al., v. DISTRICT TOWNSHIP OF EAGLE. 
 Appeal from Sioux County. 
 
 1. SUBDISTRICTS: Form of. The board should be encouraged in forecasting a 
 general plan looking toward an ultimate regularity in the form of subdistricts. 
 
 2. SCHOOL-HOUSE: Power to build. There is no limitation in law as to the num- 
 ber of scholars to be accommodated, in order that the board may provide a 
 school-house. 
 
 The above named district township coincides with a congressional 
 township and consists of a single subdistrict. Portions of the district 
 are yet sparsely settled. The board seem to have projected a plan to so 
 locate school-houses when they must be supplied, that ultimately the town- 
 ship shall have nine subdistricts each of four sections. 
 
 On the 16th of March the board ordered a school-house built at the 
 center of the square of four sections in the southeastern corner of the 
 township. From this action J. C. Reed appealed to the county super- 
 intendent who affirmed the order of the board. From this decision Mr. 
 Reed appeals. 
 
 It was urged before the county superintendent that the board were 
 prevented by the law from building a school-house for the accommoda- 
 tion of a less number than fifteen of school age. The question now to 
 be determined is whether the county superintendent erred in affirming 
 the order of the board. 
 
 The board seemed to have outlined a policy of regarding each four 
 sections as a separate division, to be provided with school advantages 
 by itself. So far as forecasting the probable form of subdistricts to be 
 created in the future, we think the board might be guided in the location 
 of school-houses at the present time by such policy in order that ulti- 
 mately each subdistrict will have the form desired and each school-house 
 will be located so as best to accommodate all patrons. 
 
 But while matters are in this progressive condition, we think the law 
 does not confer power upon the board to apply the limitations of section 
 1725, and decide that until fifteen of school age are to be accommodated 
 
SCHOOL LAW DECISIONS. 133 
 
 by the school-house to be built no house may be erected. In this case 
 for instance there is but one single subdistrict. The board may create 
 other subdistrictrf provided fifteen of school age are included within the 
 boundaries of each one so formed. But the board are not prevented 
 from building more than one school-house in any subdistrict. -See 69 
 Iowa, 533. In the absence of specific instructions in connection with 
 the voting of the taxes by the electors, the board are empowered to lo- 
 cate sites when in their judgment a school-house seems to be most de- 
 manded. 
 
 We are unable to find from the evidence any reason to disturb the 
 finding of the county superintendent and his decision is therefore 
 
 AFFIRMED. 
 HENRY SABIN, 
 
 July 3, 1891. Superintendent of Public Instruction. 
 
 J. H. BURDICK et al. v. DISTRICT TOWNSHIP OF BRITT. 
 Appeal from Hancock County. 
 
 INDEPENDENT DISTRICT: Organization of. In fixing boundaries the general wel- 
 fare must be regarded. Besides the town itself, only such territory should be 
 embraced as will add to the usefulness of the new district, and not deprive any 
 large number of adequate school privileges. 
 
 The incorporated town of Britt includes the entire civil township, ex- 
 cepting sections 1, 2, 3, 10, 11, 12, 13, M, 15, the E. half of 4 and 9, and 
 the N. half of 22, 23 and 24. In March, 1891, a petition was presented 
 to the board asking for the formation of an independent district. The 
 petition was granted and the board proceeded under section 1801 to per- 
 fect the organization. It is evident from the transcript of the secretary 
 that the board took unusual care to comply with the requirements of the 
 law in every particular. They also fixed the boundaries of the proposed 
 independent district of Britt to include the entire township of Britt, and 
 the north half of the north tier of sections in the adjoining township of 
 Erin. Appeal was taken to the county superintendent as provided for 
 in section 1829, and that officer reversed the action of the board. Appeal 
 was then taken to the superintendent of public instruction. 
 
 Section 1806 provides that independent districts shall be governed by 
 the laws enacted for the regulation of district townships, as far as the 
 same may be applicable. It must be held under any fair construction of 
 language that it is not the intention of the law to deprive the inhabi- 
 tants of independent districts of the right of appeal. It must also be 
 held in accordance with the usual practice that the appellants had a right 
 
134: SCHOOL LAW DECISIONS. 
 
 to amend their appeal as they did. The county superintendent did not 
 err in refusing to dismiss the case for these reasons. 
 
 The independent district of Britt if formed must include all the terri- 
 tory within the Hmits of the incorporated town. See section 1, of chap- 
 ter 118, laws of 1882. The board could not fix upon less territory, and 
 they might include more. See section 1801. 
 
 The only question then is, did the board err in including so much ter- 
 ritory contiguous as to make the new district unwieldy, and thus to lessen 
 in some degree the school privileges of a number of pupils, and to prac- 
 tically deprive the people of certain portions of the territory of the right 
 to manage their own school affairs. 
 
 It is plain from an inspection of the plat submitted in evidence that 
 the territory taken from Erin township will be better accommodated 
 with school privileges if connected with the independent district of 
 Britt as a part thereof. 
 
 It does seem however that the portion of the township of Britt lying 
 outside of the incorporated town of Britt, should for the present be left 
 as a district township as provided in section 1809. Under the same sec- 
 tion the boundary lines between these two districts can be changed at 
 any time by the concurrent action of the two boards, so as to include 
 any or all of this territory in the independent district. It is therefore 
 ordered that the independent district of Britt be constituted to contain 
 the incorporated town of Britt, together with the N. half of sections 1, 
 2, 3, 4, 5, and 6, of Erin township. 
 
 MODIFIED AND AFFIRMED. 
 HENKY SABIN, 
 
 August 7, 1891. Superintendent of Public Instruction. 
 
 J. H. BURDICK etal. v. DISTRICT TOWNSHEP OF BRITT. 
 Appeal from Hancock County. 
 ON MOTION FOR A KEHEARINGL 
 
 REHEARING. A new trial should be refused unless cogent reasons are produced*, 
 causing doubts to arise as to whether the merits of the case were fully and 
 fairly set forth at the former hearing. The reasons urged must present a 
 strong probability that a modification of the previous decision might be found! 
 to be desirable. 
 
 It is urged by the attorney for the appellant that in the carrying out 
 of our decision made August 7, by which the finding of the county super- 
 intendent was so modified as to fix other boundaries for the contem- 
 plated independent district of Britt than those ordered by the board, cer- 
 
SCHOOL LAW DECISIONS. 135. 
 
 tain difficulties will be met. It is also claimed that a decision may be 
 made that will avoid any legal obstacle to the same conclusion sought by 
 the decision already given. The form of such new decision is suggested 
 in the application for rehearing. 
 
 With due respect to the counsel we must state that the implication 
 that we were not fully apprised of the bearing of the entire law and of 
 the many impediments to be encountered in the creation of independent 
 districts is not 'founded in fact. All the points raised by counsel, and 
 many others, have been fully within the knowledge of this tribunal and 
 we have endeavored to expedite matters to the fullest degree within our 
 power. If the ends of justice are not met the fault lies with those giving 
 cause for the appeal. 
 
 If the independent district of Britt could organize as suggested, the 
 new civil township could be created only under great difficulty. See 
 section 1799. In no case could this be done before the next general 
 election, and the new district township could not be formed until next 
 March. See sections 1810 and 1715. In the meantime taxes would be 
 levied and school facilities provided by the independent district of Britt. 
 When the territory set off was duly organized as a new district a division 
 of assets and liabilities would have to be made. 
 
 It is plain that if our decision were modified as asked, the result would 
 be to involve the territory in controversy unnecessarily, to add to the 
 county records, to bring upon those living outside the incorporation un- 
 called for worry and delay, and all to their disadvantage. We cannot 
 find warrant for imposing such burdens upon them. 
 
 For the reasons named we are compelled to refuse to grant a rehear- 
 ing. 
 
 HENRY SABIJST, 
 
 August 15, 1891. Superintendent of Public Instruction. 
 
 E. A. SHEAFE v. INDEPENDENT DISTRICT OF CENTER, CENTER TOWNSHIP. 
 Appeal from Wapello County. 
 
 1 > TEACHER. As an employe of the district the teacher may justly claim and ex- 
 pect to receive, the official assistance and advice of the board. 
 
 2. . Section 1734 insures the teacher a fair and impartial trial, before he 
 
 may be discharged. 
 
 The history of this case presents nothing unusual. The directors voted 
 to discharge the teacher upon certain preferred charges. The teacher 
 appealed to the county superintendent who reversed the action of the 
 board. The directors now appeal. 
 
 Section 1757 sets forth plainly the nature of the contract which is the 
 evidence of agreement between the directors acting for the district as one 
 
136 SCHOOL LAW DECISIONS. 
 
 party, and the teacher as the other party. Section 1734: prescribes the 
 only method by which the directors may terminate the contract in advance 
 or discharge the teacher. Both parties are equally bound by this con- 
 tract, and as the" board is a continuous body the election of an entire new 
 board does not change the relations of the contracting parties. But in- 
 asmuch as the directors also act as judges whose duty it is to decide 
 whether the contract shall be terminated, being themselves parties to the 
 contract it becomes them to weigh the evidence in the case with the 
 greatest care and to give the teacher the benefit of any reasonable doubt. 
 In the present case the forms of the law were complied with, and the 
 teacher was permitted to be present and make his defense. 
 
 The transcript sent up by the county superintendent shows that one of 
 the complaints upon which the teacher was tried, was signed by Jacob 
 Ream, who also is one of the directors and acted as one of the judges in 
 the case. This is strong presumptive evidence of prejudice on the part 
 of one of the judges at least, and this evidence is strengthened by the 
 fact that Jacob Ream is the father of John Ream whose punishment is 
 made a matter of complaint. It is further strengthened by the fact 
 brought out in the evidence, that the present- board were elected for the 
 purpose and with the intent of displacing the teacher. The law is very 
 careful to guard the rights of the teacher and to insure him a fair trial. 
 That certainly can not be considered a fair trial in the eyes of the law, 
 in which one of the judges who is to give his vote for acquittal or con- 
 viction is a complainant in the case and is as ready to pronounce the 
 verdict before he hears the testimony as afterward. 
 
 The board invited the teacher to resign at their first meeting, and upon 
 his refusal they proceeded at once to take steps to discharge him. Under 
 certain circumstances this might be right, when necessary to relieve the 
 school from a teacher proved to be incompetent or immoral. But gen- 
 eral dissatisfaction as alleged in the petition or the desire to hire a lady 
 teacher for the summer term, or to lessen the expenses of the district, 
 can not be held to form any reason for discharging the teacher. The 
 alleged punishment of the two boys is not proved in either case to have 
 been unreasonably severe, to have been inflicted in a passion, or to have 
 resulted in any permanent injury. These punishments happened some 
 weeks before and if worthy of notice complaint should have been made 
 to the old board. 
 
 It does not appear necessary to enter any further into the merits of 
 this case. It is held that no error was committed in reversing the action 
 of the board and the decision of the county superintendent is therefore 
 
 AFFIRMED. 
 HENRY SABIN, 
 
 October 20, 1891. /Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 137 
 
 L.. GOFF v. INDEPENDENT DISTRICT OF DALLAS. 
 
 Appeal from Marion County. 
 
 1. BOARD OF DIRECTORS. The board must endeavor to determine the actual in- 
 tention of the electors, and to carry out their expressed wishes . 
 
 2. REMANDING OF CASES. Unless the transcript indicates clearly the manner in 
 which the board understand the expression of the electors, an appellate tri- 
 bunal on the trial will be compelled to rema'nd the case to the board for a 
 more definite action. 
 
 8. MANDAMUS. The surest method to secure the performance of a mandatory 
 duty is application to a court for a writ of mandamus. 
 
 At a meeting held August 12-13, 1891, the board voted in effect to sell 
 the site at present occupied for school-house purposes in or adjoining the 
 village of Dallas, and to build two school buildings one to be located at a 
 site about one mile east of said village of Dallas, and another about twenty 
 rods west of S. E. corner of section 2. Appeal was taken to the county 
 superintendent, who affirmed the action of the board in locating the site 
 in the west part of the district, but reversed their action in regard to the 
 location east of the village of Dallas. Appeal was then taken to the 
 superintendent of public instruction. 
 
 It is difficult to determine from the transcript sent up with this case, 
 what were the intentions of the electors regarding the matter of a new 
 school-house, as expressed at the district meeting, March 9, 1891. The 
 secretary's records show that the motion to erect a school-house at each 
 end of the district was voted down, as was also a motion to repair the 
 old school-house or to sell that and build a new one with two rooms. 
 
 The vote to raise a tax for the purpose of building a school- house was 
 declared carried, but the records do not show the amount to be raised by 
 said tax, nor is there anything to show what amount if any was certified 
 up to the board of supervisors. On the 20th of April the board voted 
 that $1,500 was necessary for the erection of two school-houses, and on 
 the 2nd of May the electors voted bonds to that amount for school-house 
 purposes. There is nothing to show what form of ballots was used, or 
 what was the intention of the electors in voting the bonds. When the 
 intention of the electors in voting money for school-house purposes is 
 clearly known, it is the duty of the directors to proceed in accordance 
 therewith. 
 
 We therefore deem it best to remand the case to the county superin- 
 tendent, with instructions to remand it to the board in order that they 
 may ascertain what was the intention of the electors and that they attempt 
 
138 SCHOOL LAW DECISIONS. 
 
 in good faith to carry it out. If they fail to do this, the surest remedy 
 is an application to the court for a writ compelling them to carry out the 
 intention of the electors. 
 
 REMANDED. 
 HENRY SABIN, 
 December 23, 1891. Superintendent of Public Instruction* 
 
 C. A. WEBSTER v. INDEPENDENT DISTRICT NUMBER SEVEN, BURR OAK 
 
 TOWNSHIP. 
 
 Appeal from WinnesMek County. 
 
 1. DISCRETIONARY ACTS. To warrant interference with a discretionary act> 
 abuse of discretion must be proved beyond a reasonable doubt. 
 
 2. . It is not the province of an appeal to discover and correct a slight 
 
 mistake. The board alone must bear any blame that may attach to a choice 
 deemed by appellants somewhat undesirable, but not an unwise selection to- 
 such a degree as to indicate an abuse of the discretion ordinarily exercised. 
 
 On the 3d day of October, 1891, the board relocated the school-house 
 site. Appeal was taken to the county superintendent, who reversed the 
 action of the board which ordered the house removed to the new loca- 
 tion. From this decision John Knox president of the board appeals. 
 
 The proceedings in this case are entirely regular. It is not claimed 
 that there was any direct violation of law, nor that prejudice or improper 
 motives in the least influenced the action of the board. The very com- 
 mon complaint that the discretion vested in the board by the law had 
 been abused was virtually the only error urged. 
 
 The only question for us to determine is the single one as to whether 
 the county superintendent was warranted in setting aside the order of 
 the board. Unless the evidence clearly sustains his conclusions we 
 shall be compelled to reverse his decision. But if the evidence shows 
 plainly a gross abuse of discretion on the part of the board, then -we 
 must affirm. 
 
 Where an abuse of the large discretion vested in the board is urged, to 
 warrant interference by an appellate tribunal such abuse must be proved 
 conclusively. The testimony must disclose so fully the nature of the 
 unwarranted action as to leave no reasonable doubt. The acts of a 
 board must be presumed to be correct, and they are entitled to the benefit 
 of every doubt. Unless it is fully apparent that the discretionary power 
 of the board has been abused to such an extent as to render interference 
 necessary, it is the duty of the county superintendent to allow the act of 
 
SCHOOL LAW DECISIONS. 139- 
 
 the board to stand, although he may differ from the board very strongly 
 as to the desirability of the order in question. In this connection, atten- 
 tion is called to appeal decisions found on pages 35, 82, 90, 100 and 135, 
 School Law Decisions of 1888. 
 
 In this case while the testimony shows that the removal to-the site 
 selected will bring the school-house quite a distance south of the center 
 of the district, it is not in evidence that a suitable site might have been 
 found nearer the center. It must be presumed that the board carefully 
 weighed all the reasons in favor of and against the site chosen, and also- 
 that they endeavored to find the best site. The evidence is by no means 
 conclusive that they did not select the best site obtainable. If in the 
 opinion of the people an error has been made, it rests with the electors 
 to choose a board favoring another location. 
 
 It is with reluctance that we reverse the decision of the county super- 
 intendent. There can be no question that he intended to seek substan- 
 tial justice for the people of the district. 
 
 This decision does not prevent the board, if thought desirable to do- 
 so, from reconsidering the action by which the new site was chosen and 
 selecting a different site. 
 
 But we can not find that the evidence supports the county superin- 
 tendent in overruling the order made by the board and his decision is 
 therefore 
 
 KEVERSED. 
 J. B. KNOEPFLER, 
 
 February 26, 1892. Superintendent of Public Instruction. 
 
 R. G. W. FORSYTHE v. INDEPENDENT DISTRICT OF KIRKVILLE . 
 Appeal from Wapello County. 
 
 1 . APPEAL. Where changes are effected in district boundaries by the concurrent, 
 action of two boards, appeal may be taken from the order of the board concur- 
 ring or refusing to concur, but not from the order of the board taking action 
 first. 
 
 2. TERRITORY. All territory must be contiguous to the district to which it be- 
 longs. 
 
 3. JURISDICTION. In change of boundaries by two boards, an appellate tribunal 
 acquires only the same power possessed by the board from whose action appeal 
 is taken, and may do no more than to affirm the order, or to reverse and do 
 what the board refused to do. 
 
 The board of the above named district refused to concur in the action 
 of the board of the district township of Richland, offering to transfer cer- 
 tain territory to the independent district. Mr. Forsythe, desiring the 
 
140 SCHOOL LAW DECISIONS. 
 
 transfer, appealed to the county superintendent, who reversed the action 
 of the board and ordered the transfer of the territory under consideration 
 by the two boards, with the exception of the N. W. quarter of the S. W. 
 quarter of section 18, which the county superintendent directed should 
 remain a part of the district township of Kichland, and also ordered the 
 transfer of the N. W. quarter of the N. W. quarter of section 18, which 
 would otherwise be cut off from the district township to which it belongs. 
 From this decision L. Jones, president of the board of the independent 
 district of Kirkville, appeals. 
 
 This case turns on the power of the county superintendent to modify 
 the order appealed from in the manner done by him. It is true that 
 even if the board of the independent district of Kirkville had concurred 
 in the transfer of the territory released by the other board, such order 
 would not have been in conformity with the spirit of the law, because 
 forty acres would then be left belonging to the district township of Rich- 
 land and not contiguous to the remainder of the district. The county 
 superintendent was led to conclude that the forty acres in question should 
 be transferred, if any change of boundaries was made. But could the 
 county superintendent so determine in this appeal? We think not. The 
 board of the independent district might concur or refuse to concur. They 
 might refuse to concur, and initiate a new proposition which the board 
 of the district township could act upon, when appeal would then lie from 
 the last action. But an attempt to change the order originally made 
 would render it necessary to have such new action considered by the 
 other board, before becoming effective, or even in order that the action 
 could be brought within the power of the county superintendent to con- 
 sider on appeal. For in a case of this kind no matter can come into the 
 <?ase on appeal, unless the second board, the one last acting, concurs or 
 refuses to concur in the order initiated or proposed by the board first 
 taking action. 
 
 It follows then that the county superintendent having only appellate 
 jurisdiction, could not assume original jurisdiction and do what the 
 board from whose action the appeal was taken could not have done. See 
 Dobbins and Briggs v. District Township of Salem, page 24, School Law 
 Decisions of 1888. Therefore we are compelled to hold that the county 
 superintendent did not have the power to decide that the N. W. quarter 
 of the N. W. quarter of section 18 should be transferred. 
 
 A careful investigation of the transcript leads us to believe that per- 
 haps such a change of the boundaries as would transfer the residence of 
 Mr. Forsy the to the independent district, might be desirable. Of course 
 such transfer would include entire forties of land, and no territory could 
 be separated from the district to which it should belong. Whether any 
 change is best, must be determined by the boards interested, the action 
 
SCHOOL LAW DECISIONS. 
 
 of the board last acting being subject to correction on appeal. In order 
 that the matter may come again without prejudice to the attention of the 
 boards, the decision of the county superintendent is reversed and the 
 case remanded to him to be reopened and heard again. We think he 
 will be compelled by necessity to affirm the decision of the board of the 
 independent district of Kirkville, in refusing to concur in the transfer 
 proposed by the district township. This will leave all matters as nearly 
 as possible in the same condition they were before any action was taken. 
 It will then be in order for either board at any time to initiate such a 
 change of boundaries as may seem demanded. There is no absolute 
 necessity for a petition or request. A petition may be used to bring to 
 the attention of the board the kind of action desired by the petitioners,, 
 but a board may act with equal directness without such request. 
 
 RE VERSED AND REMANDED. 
 
 J. B. KNOEPFLER, 
 
 April 6, 1892. Superintendent of Public Instruction. 
 
 C. F. SCHEPPELE v. INDEPENDENT DISTRICT OF STONE HILL. 
 Appeal from Dubuque County. 
 
 1. APPEAL: Rehearing of. In refusing a rehearing, or in granting the same, 
 unless the discretion of the county superintendent was unjustly exercised, his 
 decision must be affirmed, on appeal. 
 
 . 'JJQ warrant another trial, material reasons must appear, to 
 
 prove that a second hearing is desirable. 
 
 . The presumption that the trial was regular and the proceed- 
 ings full and complete, must be overcome by the reasons urged for the rehear- 
 ing. 
 
 The county superintendent refused to grant a rehearing in this case. 
 The affidavit of appeal from his decision of refusal alleges a large number 
 of errors urged as having been made in thus refusing to allow a new trial. 
 It is obvious that we are to determine only a single question. In refusing 
 a rehearing, did the county superintendent err to such an extent as to 
 warrant a reversal of his decision? 
 
 The motion for a second trial must be addressed to the judgment and 
 discretion of the officer to whom the motion is presented. In granting 
 or refusing to grant such a request, the county superintendent has origi- 
 nal jurisdiction and his conclusions must receive from us the same con- 
 sideration on appeal which he himself is bound to give to the discretionary 
 acts of the boards. If error conclusively appears, a discretionary act may 
 
142 SCHOOL LAW DECISIONS. 
 
 be set aside. But every reasonable doubt inures to the benefit of the 
 party whose acts are questioned. 
 
 In order that we may be warranted in reversing the decision of the 
 county superintendent and remanding this case to him for a retrial, we 
 must first be well satisfied that his discretion in refusing the rehearing 
 was unjustly exercised. If he failed properly to appreciate the reasons 
 urged, not giving full consideration to all existing facts within his 
 knowledge, and without due examination arbitrarily refused the rehear- 
 ing, then the consideration merited by his discretionary act is correspond- 
 ingly diminished. 
 
 Having very carefully reviewed the testimony with reference to the 
 several points of error urged, and closely examined the many authori- 
 ties and references cited by counsel in the case, and other additional 
 authorities, we are unable to find that the county superintendent erred in 
 refusing the motion for a rehearing. 
 
 The real merits of the case seem to have been very clearly within full 
 review at the trial of the appeal. Some trivial matters may have been 
 omitted, but in the main, the leading issues were clearly outlined. After 
 due deliberation, the order of the board was affirmed, and decisive 
 reasons given for such conclusion. 
 
 Unless the county superintendent could bring himself to believe that 
 another trial was best, he could not in justice to all concerned grant the 
 motion in question. We do not find that the leading reasons urged were 
 well supported. Although these leading reasons may not have been 
 referred to frequently at the time of hearing, they were within the full 
 knowledge of all the parties to the trial. We must presume that the fact 
 of the nearness of the dairy and the boneyard, and the claim that the 
 action of the board was influenced by private interests, were not disre- 
 garded by the county superintendent in making up his mind as to his 
 final decision. 
 
 It must be assumed that the board would not select a site clearly unfit 
 for use. A location upon swampy ground would be manifestly an unsuit- 
 able site. And the choice of a site so near any manufactory as to inter- 
 fere unduly with the use of the school-house for school purposes, would 
 be a palpable abuse of discretion. If any of these conditions actually 
 exist in this case, as now urged in asking us to order a new trial, the 
 aggrieved parties had ample opportunities to bring convincing proof of 
 such facts into their case at the time of its trial, and if they could have 
 found such testimony and failed to do so, they were derelict to their own 
 interests. But the evidence fails to disclose unsuitableness in any of these 
 particulars, or to indicate that the county superintendent failed in any 
 manner to give serious and respectful consideration to every reason for 
 
SCHOOL LAW DECISIONS. 143 
 
 a new trial that was presented to his notice. His action in refusing a 
 rehearing is 
 
 AFFIRMED. 
 
 J. B. KNOEPFLER, 
 
 May 23, 1892. Superintendent of PiMic Instruction. 
 
INDEX TO APPEAL CASES. 
 
 ADDITIONAL SCHOOL 
 
 It is the intention of section 1725 that an attendance of at least ten schol- 
 ars may reasonably be expected 99 
 
 AFFIDAVIT 
 
 The affidavit may be amended when such action is not prejudicial to the 
 rights of any party interested 25 
 
 An affidavit is a statement in writing, signed and made upon oath before 
 an authorized magistrate 27 
 
 The lack of an affidavit is sufficient ground to refuse a hearing 77 
 
 APPEAL 
 
 The right of appeal is not limited to cases of personal grievance 22 
 
 Mere technical objections should not prevent the fullest presentation of 
 the merits of the case, in the trial of an appeal 25 
 
 An appeal may be taken from the refusal of the county superintendent 
 to investigate charges brought against a teacher 43 
 
 Appeal may be taken from an action of the board which authorizes the 
 making of a contract, but not from a subsequent action or order com- 
 plying with the terms of a contract previously made, nor from an 
 action authorizing the issuance of an order in payment of a debt con- 
 tracted by previous action of the board 46 
 
 A case whose sole purpose is to determine the validity of an order on 
 the district treasury, or the equity of a claim, cannot be entertained on 
 appeal to the county superintendent; the courts of law alone can fur- 
 an adequate remedy 46 
 
 Appeal will not be entertained from the action of the board in rescinding 
 a previous illegal action 46 
 
 The execution by the board of the vote of the electors upon matters 
 within their control, is mandatory, from such action of the board no 
 appeal can be taken. If such action is tainted with fraud, an applica- 
 tion to a court of law is the proper remedy 55 
 
 The right of appeal is confined to persons injuriously affected by the 
 decision or order complained of. Ordinarily a person living in one 
 subdistrict cannot appeal from an action of the board locating a site in 
 another , -58 
 
 The adoption of the committee's report in favor of retaining the old 
 school-house site, is an action from which appeal may be taken 59 
 
 Where changes are effected in district boundaries by the concurrent 
 action of two boards, appeal may be taken from the order of the board 
 concurring or refusing to concur, but not from the order of the board 
 taking action first 61 
 
 Appeal may be taken from the action of the board in laying the subject- 
 matter of a petition on the table 62 
 
 10 
 
146 INDEX. 
 
 APPEAL-CoNTiNUED- 
 
 May be taken by any resident elector of the district, aggrieved by an 
 action of the board 80 
 
 The failure Jo file the transcript within the time mentioned in the law 
 will not invalidate the appeal 99 
 
 An appeal will lie to determine conclusively whether the provisions of 
 section 1797 have been complied with 117 
 
 Will not lie to control the action of either board or of the county super- 
 intendent, under section 1793 118 
 
 A decision may be modified upon proof that a change in its terms is 
 desirable 120 
 
 An appeal will not lie from an order of a board initiating a change in 
 boundaries, where the concurrence of the board of an adjoining dis- 
 trict is necessary to effect the change 120 
 
 It is not intended that the superintendent of public instruction shall 
 hear an appeal case de novo. He is confined to the record of the case 
 as heard before the county superintendent 126 
 
 It is not the purpose of an appeal to secure a decision as to which of 
 two sites is preferable, or as to whether a better site might not have 
 been found. If the site chosen is proved to be unsuitable, or an abuse 
 of discretionary power is clearly shown, then the order of the board 
 may be set aside, but not otherwise '. 126 
 
 The action of two boards upon a subject over which they have divided 
 control constitutes a concurrent action, and appeal may be taken only 
 from the order of the board taking action last 129 
 
 A technical error in the affidavit not prejudicial to either party will not 
 defeat the appeal . .. 130 
 
 Where changes are effected in district boundaries by the concurrent 
 action of two boards, appeal may be taken from the order of the board 
 concurring or refusing to concur, but not from the order of the board 
 
 taking action first 139 
 
 Rehearing of. In refusing a rehearing, or in granting the same, unless 
 the discretion of the county superintendent was unjustly exercised, 
 his decision must be affirmed, on appeal 141 
 
 To warrant another trial, material reasons must appear, to prove that a 
 second hearing is desirable 141 
 
 The presumption that the trial was regular and the proceedings full and 
 
 complete, must be overcome by the reasons urged for the rehearing. . 141 
 APPEAL DECISION 
 
 Essentials of. When the order of a board is reversed, the portions of the 
 testimony relied upon should be pointed out and clear and convincing 
 
 reasons should be given in support of the conclusion reached 22 
 
 ARBITRATION 
 
 If the county superintendent is asked to arbitrate no appeal will lie 77 
 
 ASSETS AND LIABILITIES 
 
 When an entire township is organized into independent districts, the 
 settlement of assets and liabilities is made by the boards of the newly 
 created independent districts 110 
 
INDEX. 147 
 
 PAGE 
 
 ATTENDANCE 
 
 Every person between the ages of five and twenty-one years has the 
 right to attend school in the district in which he resides, regardless of 
 considerations relating to race, nationality, the holding of property, 
 or the payment of taxes 53 
 
 The payment of school taxes does not entitle nonresidents to ST?honl 
 privileges 53 
 
 The board have authority to determine when, and upon what terms, 
 
 nonresident pupils may attend the schools of their district 53 
 
 BOARD OF DIRECTORS 
 
 The board should be sustained in all legitimate and reasonable measures 
 to maintain order and discipline, to uphold the rightful authority of 
 the teacher, and to prevent or suppress insubordination in the school. 49 
 
 The board, though not bound by a vote of the electors directing the pre- 
 cise location of a school-house site, are required to so locate it as to 
 accommodate the people for whom designed 55 
 
 If in the selection of a site the board violate law or abuse their discre- 
 tionary power, their action may be reversed on appeal 55 
 
 An illegal action may be corrected by application to a court for a writ 
 of certiorari 55 
 
 The action of the board cannot be reversed upon the allegations of 
 appellant without proof, or by reason of failure of the board to make 
 defense 59 
 
 The acts of the board are presumed to be regular, legal and just, and 
 should be affirmed on appeal, unless proof is brought to show the 
 
 contrary 59 
 
 Discretionary acts of. The weight which properly attaches to the discre- 
 tionary actions of a tribunal vested with original jurisdiction, does not 
 apply to the decisions of an inferior appellate tribunal 59 
 
 The acts of a board must be presumed to be regular, and should be 
 affirmed on appeal unless positive proof is brought to show the con- 
 trary 64 
 
 Discretionary power of. In the absence of proof that the board have 
 abused the authority given them by the law, their orders will not be 
 set aside, although another decision might to many seem preferable. . 96 
 
 After such a decision as prevents any action of the board until some 
 material change occurs, in order that the board may act anew changes 
 of such a character as to obviate to a large extent the objections that 
 previously existed, must have taken place 123 
 
 The board must endeavor to determine the actual intention of the 
 
 electors, and to carry out their expressed wishes 137 
 
 BOUNDARIES 
 
 Must conform to congressional divisions of land 80 
 
 CERTIFICATE- 
 
 Revocation of. The inability to govern is sufficient reason for withholding 
 a certificate and for the revocation of the same 71 
 
 A certificate which has expired by limitation cannot be revoked 71 
 
 Refusal of. The county superintendent is his own judge as to how fully 
 he will give the applicant reasons for the refusal of a certificate 115 
 
 The county superintendent is charged with the responsibility of refusing 
 to issue a certificate to any person unless fully satisfied that the appli- 
 cant possesses the essential qualifications demanded of teachers by the 
 law.. . 115 
 
148 
 
 CHARGES- 
 
 Must be clearly sustained by the evidence 84 
 
 CLAIMS 
 
 Just claims against the district can be enforced only in the courts of law 40 
 CONDITIONAL RULING- 
 
 A county superintendent may make a conditional ruling, by which 
 
 his own decision is governed 68 
 
 CONTESTED ELECTION 
 
 Jurisdiction. The proper method of determining a contested election for 
 
 school director is by an action brought in the district court 35 
 
 CONTRACTS 
 
 All contracts require the approval of the board 40 
 
 The district township is bound by the contract of the subdirector when 
 
 made according to instructions of the board 45 
 
 If a subdirector enter into a contract on behalf of the district, without 
 authority of the board, he does so at his own risk; such contract is not 
 
 binding upon the district unless approved by the board 45 
 
 An appeal will not lie to enforce a contract 76 
 
 COUNTY SUPERINTENDENT 
 
 May upon appeal create subdistrict 25 
 
 Has no jurisdiction of an appeal until an affidavit is filed 27 
 
 Should not reverse an action of the board which is in accordance with 
 
 instructions of the superintendent of public instruction 28 
 
 A county superintendent may make a conditional ruling by which his 
 
 own decision is governed 68 
 
 Jurisdiction of. The county superintendent is not limited to a reversal or 
 affirmance of the action of the board, but he determines the same ques- 
 tions which they had determined 68 
 
 . A county superintendent should not ask the state superintendent to 
 decide a case on appeal for him, but may ask for an interpretation of 
 law, either by the state superintendent, or through him, by the attorney- 
 general 79 
 
 DISCRETION 
 
 Abuse of. Is not established by evidence showing that a different action 
 
 on the part of the board would have been preferred by the electors. . . 82 
 DISCRETIONARY ACTS 
 
 The county superintendent having only appellate jurisdiction, should 
 not reverse discretionary acts of the board, without explicit and clearly 
 stated proof of the abuse of such discretion, even though not fully 
 
 approving their action 22 
 
 May be reversed on appeal, but should not be disturbed except; upon 
 
 evidence of unjust exercise or abuse 27 
 
 Since the board have original jurisdiction, their discretionary acts should 
 not be interfered with by an appellate tribunal, although not agreeing 
 with their judgment, unless they violated law, showed prejudice or 
 malice, or abused their discretion in such manner as to require inter- 
 ference 70 
 
 Suggestions from the electors upon matters entirely within the control 
 of the board will in no manner prevent the fullest exercise of the dis- 
 cretion vested in the board by the law 75 
 
INDEX. 149 
 
 DISCRETIONARY ACTS CONTINUED 
 
 Action by the board unduly delaying the final consideration of an im- 
 portant matter, may be regarded as an evidence of prejudice , 100 
 
 In the exercise of discretion, the benefit of every reasonable doubt must 
 
 be given in favor of the correctness of the official acts of the board. . . . 108 
 May not be reversed unless the proof is conclusive. The board must 
 
 bear any blame that may attach to an unwise or inexpedient action. . . Ill 
 Unless a marked violation of the large discretion vested in the county 
 superintendent is proved clearly and conclusively, his action in refus- 
 ing or revoking a certificate will not be interfered with on appeal 115 
 
 The appellate tribunal is to decide only whether the action complained 
 of in the affidavit of appeal is proved to be of such a nature as to 
 
 compel a reversal of such action 126 
 
 To warrant interference with a discretionary act, abuse of discretion 
 
 must be proved beyond a reasonable doubt 138 
 
 It is not the province of an appeal to discover and correct a slight mis- * 
 take. The board alone must bear any blame that may attach to a 
 choice deemed by appellants somewhat undesirable, but not an unwise 
 selection to such a degree as to indicate an abuse of the discretion 
 
 ordinarily exercised. . , 138 
 
 DISTRICT BOUNDARIES 
 
 In the determination of district and subdistrict boundaries, temporary 
 expenditures and individual convenience should be subordinated to the 
 more important considerations relating to simplicity of outline, com- 
 pactness of shape, uniformity of size, and permanence of sites and 
 
 boundaries 61 
 
 DISTRICT ORGANIZATION 
 
 Validity of. The county superintendent has no jurisdiction to determine 
 
 the validity of district organization 82 
 
 DISTRICT TOWNSHIP 
 
 Should not ordinarily contain more than nine subdistricts 28 
 
 ELECTION 
 
 Evidence of. The certificate of the officers of the annual subdistrict meet- 
 ing is the legal evidence of election as subdirector, and as a general 
 rule a board of directors is justified in declining to recognize a person 
 
 as a member of the board until he produces such certificate 35 
 
 EVIDENCE 
 
 Where the law requires the evidence of a transaction to be in writing, 
 oral evidence can be substituted for it only when the writing cannot 
 
 be produced 35 
 
 To establish malice or prejudice on the part of the board, positive evi- 
 dence must be introduced 79 
 
 EXPLANATORY NOTES 
 
 Force of. Notes to the school law, while proper aids to school officers, 
 have not the binding force of law, and a noncompliance with them is 
 
 not necessarily a violation of law 20 
 
 HIGHWAY 
 
 It is important that a school-house site be located on a public road, and 
 as near the center of the subdistrict as practicable 39 
 
150 INDEX. 
 
 INDEPENDENT DISTRICT 
 
 Organization of. In establishing the boundaries of a contemplated inde- 
 pendent district under section 1801, the board should include with 
 the town such contiguous territory as may best subserve the conven- 
 ience of the people for school purposes 1135 
 
 Organization of. In fixing boundaries the general welfare must be re- 
 garded. Besides the town itself, only such territory should be em- 
 braced as will add to the usefulness of the new district, and not 
 
 deprive any large number of adequate school privileges 133; 
 
 JANITORIAL SERVICES- 
 
 If a teacher serves as janitor in sweeping the room and building tires, 
 
 he should be paid from the contingent fund for such services 76- 
 
 JURISDICTION 
 
 An application for an appeal filed within thirty days from the act of the 
 board complained of will not give the county superintendent juris- 
 diction of the case. The appeal must be taken by affidavit 37 
 
 The county superintendent does not'have jurisdiction of cases involving 
 
 a money demand 3$ 
 
 In most matters with which boards have to do under the law, their 
 authority and responsibility are absolute, and their jurisdiction is 
 
 complete and exclusive 108 
 
 A former order of the board, or a decision of the county superintendent 
 on appeal, will not operate to prevent the board from exercising their 
 
 discretion anew, when good reasons exist for such action 108 
 
 The jurisdiction of an appellate tribunal is not greater than that of the 
 
 board from whose action the appeal is taken 120 
 
 In change of boundaries by two boards, an appellate tribunal acquires 
 only the same power possessed by the board from whose action appeal 
 is taken, and may do no more than to affirm the order, or to reverse 
 
 and do what the board refused to do , 139- 
 
 LOCATION 
 
 May be less than forty rods of a dwelling when obtained by purchase.. . 86- 
 MANDAMUS 
 
 To compel the performance of an official duty not involving the exer- 
 cise of discretion, a writ of mandamus is a speedy remedy 100 1 
 
 To compel the performance of an official duty, appeal sometimes con- 
 sumes valuable time. Mandamus is often a more speedy as well as a 
 
 better remedy 128 
 
 The surest method to stcure the performance of a mandatory duty is 
 
 application to a court for a writ of mandamus 137 
 
 NEW EVIDENCE 
 
 New evidence can be introduced only when the facts materially affect- 
 ing the case could not have been known before the trial 66 
 
 NOTICE 
 
 The county superintendent should not issue notice of final hearing until 
 both the affidavit and the transcript of the district secretary have been 
 
 filed in his office 27 
 
 The appearance of a party at the hearing is a complete waiver of notice. 61 
 When leading parties in the case sign an agreement waiving notice, 
 neither side can afterward object to such proceedings as being irregu- 
 lar. . . 113 
 
INDEX. 151 
 
 PAGE 
 
 PROCEEDINGS 
 
 In the absence of proof to the contrary, the legal presumption is that 
 the proceedings before the county superintendent were entirely regular. 20 
 
 The regularity of all the proceedings will be presumed upon. This is 
 true in an especial sense when the records are more than usually full 
 
 and complete . 77 . ~ . 122 
 
 PUNISHMENT 
 
 The punishment of a pupil with undue severity, or with an improper in- 
 strument, is unwarrantable, and may serve in some degree, to indi- 
 cate the animus of the teacher 48 
 
 In applying correction, the teacher must exercise sound discretion and 
 judgment and should choose a kind of punishment adapted not only 
 to the offense, but to the offender 48 
 
 Eight to inflict upon pupils. The right of the parent to restrain and 
 coerce obedience in children applies equally to the teacher, or to any 
 one who acts in loco parentis 49 
 
 The use of the rod is allowable as a last resort 71 
 
 QUO WARRANTO- 
 
 The only proper means of affirming the right to exercise the privileges 
 of an office, or to contest the illegal exercise of the same, is set forth 
 
 in sections 3345-3352 67 
 
 RECORDS 
 
 The official record is its own best evidence. Testimony intended to con- 
 tradict the record should not be admitted 28 
 
 In the absence of the allegation of fraud, testimony to contradict or im- 
 peach the records of the district cannot be received 31 
 
 The board may at any time amend the record of the district, when nec- 
 essary to correct mistakes or supply omissions. And may upon proper 
 showing be compelled by mandamus to make such corrections 31 
 
 The recoinl of the secretary must be considered as evidence, unless there 
 is proof of fraud or falsehood 72 
 
 The record of the secretary shall be considered as evidence, and cannot 
 be invalidated by parol evidence unless there is proof of fraud or false- 
 hood 78 
 
 Impeachment of. Records not made and certified to by the proper officers 
 as required by law are defective and may be impeached by collateral 
 
 evidence 84 
 
 REHEARING 
 
 To justify the granting of a new trial, a reasonable doubt must arise in 
 the mind of the officer to whom application is made, as to the absolute 
 correctness of his former conclusions 102 
 
 To warrant a rehearing, some valid reason must be urged 105 
 
 To obtain a rehearing the necessity must be clearly shown 108 
 
 A new trial should be refused unless cogent reasons are produced, caus- 
 ing doubts to arise as to whether the merits of the case were fully and 
 fairly set forth at the former hearing. The reasons urged must pre- 
 sent a strong probability that a modification of the previous decision 
 
 might be found to be desirable 134 
 
 REMANDING OF CASES 
 
 When the evidence discloses that the action of the board was an unwise 
 one, and the facts are not sufficiently shown to determine what should 
 be done, the case should be remanded to the board 66 
 
152 INDEX. 
 
 REMANDING OF CASES CONTINUED 
 
 Unless the transcript indicates clearly the manner in which the board 
 understand the expression of the electors, an appellate tribunal on the 
 trial will be compelled to remand the case to the board for a more 
 
 definite action , 1 37 
 
 REVOCATION OF TEACHER'S CERTIFICATE 
 
 The order of a county superintendent revoking a certificate will not 
 be interfered with on appeal unless it appears that he acted from 
 passion or prejudice 17 
 
 Opinions unsupported by facts cannot be received as satisfactory evi- 
 dence of prejudice 17 
 
 A teacher's certificate can be legally revoked only upon proof of charges 
 of which he has had personal notice, and against which he has had the 
 opportunity to make his defense , . 41 
 
 A person addicted to the use of intoxicating liquors who even occasion- 
 ally becomes intoxicated is not likely to promote correct moral teach- 
 ing in the public schools by his example, nor to possess such moral 
 character as to entitle him to a teacher's certificate 41 
 
 The county superintendent may refuse to entertain a petition for the 
 
 revocation of a teacher's certificate 43 
 
 RULES AND REGULATIONS 
 
 The power to prescribe rules and regulations for the government of the 
 board is not a function of the electors 45 
 
 A rule adopted by the board, and not a provision of law, may be modi- 
 fied at the option of the board 45 
 
 Boards of directors and their agents, the teachers, may establish reason- 
 able rules for the government of schools and the control of pupils. . . 49 
 
 The teacher has the right to require the pupil to answer questions which 
 tend to elicit facts concerning his conduct in school 49 
 
 The pupil is answerable for acts which tend to produce merriment in the 
 school or to degrade the teacher. 49 
 
 Open. violation of the rules of the school cannot be shielded from inves 
 tigation under the plea that it invades the rights of conscience 49 
 
 In establishing and enforcing regulations for the government of schol- 
 ars, the board have a large discretion 91 
 
 SALARY OF TEACHERS 
 
 The salary of teachers should be in proportion to their ability and 
 responsibility, and not equal when these circumstances differ mate- 
 rially 73 
 
 The control of salaries is wholly within the power of the board and can- 
 not be determined by an appeal, because it is not within the jurisdic- 
 tion of county or. state superintendent to order the payment of money 73 
 SCHOOL FUNDS 
 
 Disbursement of. The treasurer is the proper custodian of all funds, and 
 can legally p&y them out only upon orders specifying the fund upon 
 which they are drawn and the specific use to which they are applied. 40 
 SCHOOL-HOUSE 
 
 Removal of. A vote of the electors of a subdistrict to remove a school- 
 house will not compel the board to act affirmatively in relation thereto. 37 
 
INDEX. 153 
 
 SCHOOL-HOUSE-CoNTiNUED - 
 
 Removal of. The board may legally remove a school-house from one sub- 
 district to another only by vote of the eleptors 43 
 
 When the electors have voted to remove a school-house from one sub- 
 district to another the board must execute such vote, if in accordance 
 
 with law; from their action in so doing no appeal can be taken 43 
 
 Removal of. The removal of an old house away from the geographical 
 center and away from the center of population, without special and 
 strong reasons therefor, is an abuse of the discretionary power of the 
 
 board <),") 
 
 Power to build. There is no limitation in law as to the number of scholars 
 to be accommodated, in order that the board may provide a school- 
 house 132 
 
 SCHOOL-HOUSE SITE 
 
 It is important that a school-house be located on a public road, and as 
 
 near the center of the subdistrict as practicable 39 
 
 Location of. The action of a committee appointed by the board to locate 
 a site is of no force until officially adopted by the board while in session. 58 
 
 Subdistrict boundaries cannot be changed upon an appeal relating solely 
 to the location of a site, nor can a site be located with the expectation 
 that the boundaries will be changed, unless such is shown to be the 
 intention of the board 58 
 
 The prospective wants of a subdistrict may properly have weight in 
 determining the selection of a site, when such selection becomes neces- 
 sary, but not in securing the removal of a school-house conveniently 
 located for the present 64 
 
 To make a distinction between the children of freeholders and those of 
 tenants in determining the proper location for a school-house, is con- 
 trary to the spirit and intent of our laws .' 64 
 
 The necessities *of the present must be observed in locating school-house 
 
 sites, in preference to the probabilities of the future 66 
 
 Location of. The location of a school-house can be dependent upon a 
 change of boundaries only when it is shown in evidence that it is the 
 definite and positive intention to make such a change 68 
 
 The choice of a school-house site by the electors has no binding effect. . . 70 
 
 A school-house site fixed by county or state superintendent affirming the 
 discretionary act of the board, allows the board to exercise their dis- 
 cretion again, especially if material changes have occurred 75 
 
 The endeavor to show regard for the expressed wishes of the electors in 
 the choice of a site, will be an added reason in support of the action of 
 
 the board ?5 
 
 Proper location of. Depends upon form of subdistrict 80 
 
 When purchased by the board the provisions of sections 1825-1828 do 
 
 not apply 
 
 Location of. The condition of matters in the subdistrict should govern 
 the location of the house. The attendance of parties from an adjoin- 
 ing subdistrict should not determine the change of site 
 
 It is manifestly unwise for the electors to express any preference for a 
 site, by a vote. The remedy of any one aggrieved by the action of the 
 board is appeal 
 
154 INDEX. 
 
 PAGE 
 
 SCHOOL-HOUSE SITE CONTINUED 
 
 The board are bound to take into account any special reasons existing 
 which favor a particular location, and a vote of the electors to expend 
 school-house funds in a certain specified manner, may not with safety 
 be disregarded 93 
 
 A village in a subdistrict has special claims favoring the selection of a 
 site within its limits. The element of distance to be traveled by some 
 is largely overcome by the advantages of a location in the town 94 
 
 When purchased, the provisions of section 1825 do not apply. The dis- 
 trict stands in the same relation to the public and to individuals, in 
 this respect, as do other corporations, and may purchase and convey 
 
 real estate accordingly 96 
 
 Relocation of. When it is the evident intention of the board to relocate 
 the site as near as possible in the center of the subdistrict, in order to 
 furnish equal school facilities to all residents, their action should not 
 
 be materially interfered with 105 
 
 SCHOOL-HOUSE TAXES 
 
 All taxes voted by the district township meeting must be apportioned 
 among the subdistricts. Any part of the tax voted by the subdistrict 
 meeting which the district township neglects or refuses to grant, must 
 be certified and levied upon the subdistrict. The board hare no 
 option but to obey the requirements of the law 52 
 
 Must be certified, collected, and expended, in accordance with the vote 
 of the electors 90 
 
 The board may not refuse to expend school-house funds for the purposes 
 
 for which they were voted , 128 
 
 SCHOOL ORDERS 
 
 When improperly issued by the board, the proper remedy is an injunc- 
 tion from the civil courts j 38 
 
 SCHOOL PRIVILEGES 
 
 The law is to be construed in the interest of the child. The actual resi- 
 dence of the scholar at the time will establish the right to attend school 
 
 free of tuition , 130 
 
 SUBDIRECTOR 
 
 The subdirector may expend money in his subdistrict only in the man- 
 ner authorized by the board 40 
 
 SUBDISTRICT 
 
 Size of. It is better to have large subdistricts with good school-houses 
 well furnished, than small subdistricts with undersized and poorly fur- 
 nished school-houses 13 
 
 Size of. There are very many serious objections to the formation of small 
 subdistricts 28. 
 
 Should be, if possible compact and regular in form. In well populated 
 district townships, two miles square is considered a desirable area for 
 each subdistrict , ' , 39< 
 
 A subdistrict is not a corporate body, and has no control of any public 
 fund 40 
 
 Other things being equal, both territory and school population should be 
 about equally divided among the subdistricts of a district township. . . 54 
 
 One subdistrict should not differ greatly from the average subdistrict of 
 the district township both in territory and school population 54 
 
INDEX. 155 . 
 
 SUBDISTRICT-CONTINUED- 
 
 Form of. It is very important that subdistricts should be regular in form, 
 and that where it is possible, school-houses should be located at or 
 
 near geographical centers . . 89 
 
 The board may not redistrict so as to abolish a subdistrict, with in- 
 tent to prevent the building of a house provided for by the electors. . . 90 
 Form of. The board should be encouraged in forecasting a general plan 
 
 looking toward an ultimate regularity in the form of subdistricts 132 
 
 SUBDISTRICT BOUNDARIES 
 
 Change of. In changing subdistrict boundaries, both the present and the 
 
 future welfare of the district should be considered 13 
 
 Change of. The acts of a board changing subdistrict boundaries and lo- 
 cating school-houses are so far discretionary that they should be 
 affirmed on appeal, unless it is shown that there has been an abuse of 
 
 discretion 22 
 
 Subdistrict boundaries can be changed only by affirmative vote of a ma- 
 jority of all the members of the board 47 
 
 Change of. A case involving a change of subdistrict boundaries, having 
 been adjudicated by the county superintendent reversing the action of 
 the board, and being affirmed by the superintendent of public instruc- 
 tion, cannot again be brought upon appeal, unless it can be shown that 
 some change materially affecting the conditions of the case has taken 
 
 place since the date of the former decision 103- 
 
 A subdistrict long established, embracing a territory having a sufficient 
 number of scholars to maintain a good school, should not be abol- 
 ished, unless the general school facilities of the township will be im- 
 proved thereby 10 
 
 The boundaries of subdistricts may be changed or new subdistricts 
 formed, only at the regular meeting of the board in September or at a 
 
 special meeting held before the following March 124 
 
 SUSPENSION OR EXPULSION 
 
 Suspension or expulsion of a scholar, in an independent district, requires 
 the action of the board by a majority, and the concurrence of the presi- 
 dent 72' 
 
 TEACHER- 
 
 Right of, to inflict punishment upon their pupils. A school-master who 
 stands in loco parentis may, in proper cases, inflict moderate and rea- 
 sonable chastisement. The law confides to teachers a discretionary 
 power in the infliction of punishment upon their pupils, and will not hold 
 them responsible criminally, unless the punishment be such as to occa- 
 sion permanent injury to the child, or be inflicted merely to gratify 
 
 their own evil passions 14 
 
 The teacher is responsible for the discipline of his school, and for the 
 progress and deportment of his scholars. It is his imperative duty to 
 maintain good order and require of all a faithful performance of their 
 duties. If he fails to do so he is unfit for his position. To enable him 
 to discharge these duties effectually, he must necessarily have the 
 power to enforce prompt obedience to his requests. For this reason 
 the law gives him the power, in proper cases, to inflict corporal pun- 
 ishment upon refractory scholars 14 
 
U6 INDEX. 
 
 PAGE 
 
 TE ACHE R CONTINUED 
 
 When a teacher is dismissed in violation of his contract, an action in the 
 courts of law will afford him a speedy and adequate remedy; when 
 discharged^ for incompetency, dereliction of duty, or other cause affect- 
 ing his qualifications as a teacher, he has the right of appeal 63 
 
 The teacher is entitled to the counsel and co-operation of the subdirector . 
 and board in all matters pertaining to the conduct and welfare of the 
 school 63 
 
 The law provides that a teacher shall have a fair and impartial trial, 
 
 with sufficient notice to enable him to rebut the charges of his accusers. 84 
 Trial of. In the trial of a teacher the board are bound carefully to protect 
 the interests of the district and to seek the welfare of the school, as 
 well as to regard the rights guaranteed to the teacher 122 
 
 As an employe of the district the teacher may justly claim and expect to 
 receive, the official assistance and advice of the board 135 
 
 Section 1734 insures the teacher a fair and impartial trial, before he 
 
 may be discharged 135 
 
 TERRITORY - 
 
 Transfer of. Where territory is to be transferred by concurrent action of 
 two boards to the district to which it geographically belongs, a majority 
 of the members elect is not necessary, as required for the change of 
 subdistrict boundaries 78 
 
 All territory must be included within some school district 80 
 
 Transfer of. When a transfer is sought under section 1797, no appeal will 
 lie to control the discretion of the county superintendent and the board 
 of the district from which the territory is taken , Il7 
 
 All territory must be contiguous to the district to which it belongs 13U 
 
 TESTIMONY 
 
 Unless obviously immaterial, testimony offered should be admitted and 
 given such weight as it merits. ' 27 
 
 At the hearing of an appeal before the county superintendent it is com- 
 petent for him, upon his own motion, to call additional witnesses to 
 give testimony 31 
 
 The superintendent should afford full opportunity for the introduction 
 of testimony, and the examination of witnesses should be so conducted 
 as to disclose all material facts. What is shown by the plat need not 
 also be presented orally 57 
 
 Sufficient latitude should be allowed in the introduction of testimony to 
 permit a full presentation of the issues involved, even if irrelevant 
 
 testimony is occasionally admitted 62 
 
 TUITION 
 
 Collection of tuition under section 1793 cannot be done by appeal to the 
 county superintendent, but must be settled through the courts 77 
 
 To enable the district in which the children reside to collect tuition, all 
 the requirements of section 1793 must first be fulfilled , 118 
 
AMENDMENTS 
 
 TO THE 
 
 |i SCHOOL LAWS OF 180 
 
 S5 J 
 
 (-9 O* 
 
 M H 
 
 fls Enacted 1nj.tlie Twenty-fifth General Sssemblii. 
 
 g 
 
 g PUBLISHED BY THE SUPERINTENDENT OF PUBLIC INSTRUC- 
 
 co 2 
 
 TION, IN CONFORMITY WITH SECTION 1579, FOR 
 
 DISTRIBUTION TO SCHOOL OFFICERS AND 
 
 kw 
 
 BOARDS OF DIRECTORS. 
 
 w 
 
 DES MOINES; 
 
 G. R. UAOSDALE, STATE PRINTER. 
 
 1894. 
 
When any school officer is superseded by election or otherwise, 
 he shall immediately deliver to his successor in office, all books, 
 papers, and moneys pertaining to his office, taking a receipt there- 
 for; and every such officer who shall refuse to do so, or who shall 
 wilfully mutilate or destroy any such books or papers, or any part 
 thereof, or shall misapply any moneys entrusted to him by virtue 
 of his office, shall be liable to the provisions of the general statutes 
 for the punishment of such offense. Section 1791, Code. 
 
PREFACE. 
 
 This pamphlet is compiled and distributed in order that every 
 one officially connected with the administration of school affairs 
 may know the latest statutory enactments. 
 
 Chapter 34 gives any board power to use contingent fund to 
 supply books in order that all children may continuously enjoy the 
 privileges of school. This is a most generous and praiseworthy 
 benefaction on the part of the state. It is believed that if all 
 boards will take action in accordance with the spirit of this provis- 
 ion, the percentage of attendance can be materially increased, and 
 the usefulness of our schools to all the people, greatly enhanced. 
 The investment of a few dollars may thus prove of the highest 
 value in the results produced. 
 
 Chapter 35 makes a desirable change in the text-book law, by 
 relieving the president of an irksome individual responsibility. 
 
 Chapter 36 will enable the board of examiners to afford enlarged 
 opportunities to the teachers of the state. 
 
 Chapter 37 is a very important enactment. We have already 
 referred to the duty of every board, in a special circular dated 
 April 10. The subject is one which may well be continuously in 
 the mind of every school officer. It is obvious that providing suit- 
 able accommodations will need to be reinforced by vigilant super- 
 vision and close inspection, in order to meet the requirements of 
 the law. 
 
 Chapter 38 allows a town or village of not less than 100, under 
 certain conditions, to become an independent district. 
 
 Chapter 39 confers upon women the right to vote at school and 
 municipal elections, upon questions involving the issuing of bonds 
 or the increase of the tax levy, but not to vote for school directors. 
 
 Chapter 40 at present affects only the State Normal School at 
 Cedar Falls. 
 
 Each one of these amendments goes into effect on the 4th of 
 next July. 
 
 HENRY SABIN, 
 Superintendent of Public Instruction, 
 
 May 15, 1894. 
 
SESSION LAWS. 
 
 CHAPTER 34, LAWS OF 1894. 
 
 AN ACT to amend section 1729 of the code so as to enable school boards to 
 furnish the necessary school books for the use of indigent children. 
 
 Section 1729 of the code is hereby amended by incorporating 
 after the word 4 'districts" as the same occurs therein, the follow- 
 ing: "or to furnish the necessary books to indigent pupils, when 
 they are likely to be deprived of the proper benefits of the school 
 unless aided by the district with books," 
 
 CHAPTER 35, LAWS OF 1894. 
 
 AN ACT to amend section 1, of chapter 24, laws of the twenty-third general 
 assembly, with regard to the purchase and sale of text-books. 
 
 The following: is section 1, as amended: 
 
 SECTION 1. The board of directors of each ard every district 
 township and independent district in the state of Iowa is hereby 
 authorized and empowered to adopt text-books for the teaching of 
 all branches that are now or may hereafter be authorized to be 
 taught in the public schools of the state, and to contract for and 
 buy said books and any and all other necessary school supplies at 
 said contract prices, and to sell the same to the pupils of their 
 respective districts at cost, and said money so received shall be 
 returned to the contingent fund. The books and supplies so pur- 
 chased shall be under the charge of the board, who may select one 
 or more persons within the county, ro keep said books and supplies 
 for sale, and to insure the safety of the books and moneys the 
 board shall require of each person so appointed, a bond in such 
 (sum as may seem to the board to be desirable. 
 
1 O 
 
 CHAPTER 36, LAWS OF 1894. 
 
 AN ACT to amend section 8, chapter 167, laws of 1882. 
 The last line of 'section 8, chapter 167, laws of 1882, is amended 
 by striking out the words "three hundred dollars" and inserting 
 "six hundred dollars." 
 
 CHAPTER 3T, LAWS OF 1894. 
 
 AN ACT to amend section 1729 of the code of 1873, requiring boards of 
 directors to provide and keep in good repair suitable water-closets 
 or privies in connection with all public school buildings. 
 
 Section 1^29 of the code is amended by adding at the close of 
 the section, the following: 
 
 It shall be the duty of the board to give especial attention to the 
 matter of convenient water-closets or privies for every school, and 
 expenses incurred for such puipose shall be paid from the contin- 
 gent fund of the district. On every schoolhouse site not within an 
 independent district including a -city, town, or village, there shall 
 be provided and kept in good repair and in wholesome condition at 
 least two separate buildings, which shall be located upon those por- 
 tions of the site farthest from the main entrance to the schoolhouse, 
 and as far from each other as the surrounding conditions will war- 
 rant. In independent districts including a city, town, or village, 
 if it seems to the board undesirable to build several outhouses, 
 separate closets may be included under one roof, but where closets 
 of this kind are outside the schoolhouse, each closet shall be as 
 effectively separated from any other as possible, and a brick wall, 
 a double partition, or some other solid and continuous barrier shall 
 extend from the roof to the lowest part of the vault below, and a 
 substantial close fence not less than seven feet in height, and at 
 least thirty feet in length, shall separate the approaches to such 
 outdoor closets, for the two sexes. 
 
6 
 
 CHAPTEK 38, LAWS OF 1894. 
 
 AN ACT to amend section 1800 of the code of Iowa as amended by chapter 
 139 of the laws of the eighteenth general assembly of the state of Iowa. 
 
 Section 1800 of the code, as amended by chapter 139 of the 
 acts of the eighteenth general assembly, is amended by adding at 
 the end of said section the following words: ''Provided, however, 
 that towns or villages having not less than one hundred inhabitants, 
 under like circumstances, may be constituted a separate district, 
 but shall not be authorized to include contiguous territory, except 
 upon a written petition of a majority of the resident electors of the 
 territory outside the town or village proposed to be included in said 
 district." 
 
 CHAPTER 39, LAWS OF 1894. 
 
 AN ACT conferring upon women the right to vote in certain cases. 
 
 In any election hereafter held in any city, incorporated town or 
 school district for the purpose of issuing any bonds for municipal 
 or school purposes, or for the purpose of borrowing money, or for 
 the purpose of increasing the tax levy, the right of any citizen to 
 vote shall not be denied or abridged on account of sex, and women 
 may vote at such elections the same as men, under the same 
 restrictions and qualifications. 
 
CHAPTER 40, LAWS OF 1894. 
 
 AN ACT to provide for the training school of the State Normal School. 
 
 SECTION 1. The board of directors of any district wherein shall 
 be situated any normal or training school or in any contiguous dis- 
 trict, supported by the state, are authorized to enter into a contract 
 with the board of directors or other managing authorities of such 
 normal or training school, for the instruction of the pupils of the dis- 
 trict in such training school, and the teachers' fund of such district 
 shall be paid for such tuition in such training school. 
 
 SEC. "2. Such contracts shall be in writing and shall not extend 
 over a period of more than two years and a copy thereof shall be 
 filed in the office of the superintendent of schools of the county. 
 
 SEC. 3. No contract for such instruction shall provide for a 
 larger sum to be paid as tuition than fifty cents per week for each 
 pupil receiving such instruction. The principal of such training 
 school shall make to the board of directors in such district and to 
 the county superintendent all reports required by law to be made 
 by teachers. 
 
 SEC. 4. All sums so paid for tuition shall go to the contingent 
 fund of the school. 
 
AMENDMENTS 
 
 {School Laws of 1892, 
 
 AS ENACTED BY THE 
 
 TWENTY -SIXTH GENERAL ASSEMBLY. 
 
 Sa. 
 
 CO 
 
 1896 
 
 PUBLISHED BY THE 
 
 3 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION, 
 
 In Conformity with Section 1579, for Distribution to School 
 g- Officers and Boards of Directors. 
 
 5" 
 00 
 
 o> 
 
 2- 
 
 DBS MOINES: 
 
 J. B. CONAWAY, STATE PRINTE*. 
 1896, 
 
PREFACE. 
 
 In view of the fact that an extra session of the legislature 
 may possibly be held next winter, to revise all the laws, it is 
 thought best to postpone the publication of a new edition of the 
 school laws. The amendments in this pamphlet, those in the 
 amendments printed two years ago, and the law in the edition 
 of the school laws of 1892, contain all the direct provisions of 
 the law relating to schools. 
 
 Chapter 37 will afford districts the opportunity to supply 
 free books, so that all children may continuously enjoy the 
 privileges of school. It is believed that if districts will take 
 action in accordance with the spirit of this provision, the per- 
 centage of attendance at school can be materially increased, and 
 the usefulness of our schools to all the children, greatly enhanced. 
 
 Chapter 38 will allow boards in independent districts to main- 
 tain a kindergarten for the instruction of the small children. 
 
 Chapter 39 has two important provisions. To the branches 
 in which teachers are examined, there is added the subject of 
 elementary civics and economics. The addition of this branch 
 cannot fail to be of value to all teachers, and it has the effect to 
 call anew to the attention of school authorities the desirability 
 of this kind of instruction. The hand-book for Iowa teachers 
 contains enough upon civil government to enable any teacher 
 mastering that work, to pass an examination upon the subject. 
 
 For the first time, our law recognizes a high grade county 
 certificate. The amendment provides that a first class certifi- 
 cate shall be valid for two years. It is expected that this first 
 class certificate will be a credential which is given only to 
 teachers of very successful experience in school work, and also 
 thoroughly well qualified as to scholarship and character. 
 
 Chapter 40 repeals the law making the tenure of office of 
 subdirectors three years and re-enacts the former law. It will 
 be noticed that the term of office of subdirectors already elected 
 is not interfered with, but that such subdirectors will hold the 
 remainder of the term for which they were chosen. 
 
 Each one of these amendments goes into effect on the 4th of 
 July of the present year. HENRY SABIN, 
 
 May 28, 1896, Superintendent of Public Instruction, 
 
SESSION LAWS. 
 
 CHAPTER 37, LAWS OF 1896. 
 
 AN ACT to enable boards of school directors to provide free text-books 
 for pupils in the public schools. 
 
 SECTION 1. Whenever a petition signed by one -third or 
 more of the legal voters, to be determined by the school board, 
 of any school township or independent district, shall be filed 
 with the secretary, thirty days or more before the annual meet- 
 ing of the electors, asking that the question of providing free 
 text-books, for the use of pupils in the public schools thereof, be 
 submitted to the voters at the next annual meeting, he shall 
 cause notice of such proposition to be given in the call for such 
 meeting. 
 
 SEC. 2. If at such meeting a majority of the legal voters 
 present and voting by ballot thereon shall authorize the board 
 of directors of said school township or independent district to 
 loan text-books to the pupils free of charge, then the board 
 shall procure such books, as shall be needed, in the manner 
 provided by law for the purchase of text-books, and loan them 
 to the pupils. 
 
 SEC. 3. The board shall hold pupils responsible for any 
 damage to, loss of, or failure to return any such books, and 
 shall adopt such rules and regulations as may be reasonable 
 and necessary for the keeping and preservation thereof. 
 
 SEC. 4. Any pupil shall be allowed to purchase any text- 
 book used in the school at cost. 
 
 SEC. 5. No pupil already supplied with text-books shall be 
 supplied with others without charge until needed. 
 
 SEC. 6. The electors may at an election called as herein pro- 
 vided, direct the board to discontinue the loaning of books to 
 pupils. 
 
CHAPTER 38, LAWS OF 1596. 
 
 AN ACT to authorize kindergartens in independent school distri 
 SECTION 1. The board of directors of any independent 
 school district is hereby empowered to establish within said 
 district in connection with the common schools a kindergarten, 
 or kindergartens, for the instruction of children, to be paid for 
 in the same manner as other grades or departments. 
 
 SEC. 2. All teachers in kindergartens established under this 
 act shall hold a certificate from the county superintendent 
 certifying that the holder thereof has been examined upon 
 kindergarten piinciples. and is qualified to teach in kinder- 
 gartens. 
 
 CHAPTER 39, LAWS OF 1896. 
 
 Ax ACT to amend sections 1766 and 1767, chapter 9, title 12, of the code of 
 Iowa, in relation to teachers' certificates. 
 
 SECTION 1. That section 1766, chapter 9, title 12, of the 
 code of Iowa, be and is hereby amended by inserting the 
 words "elementary civics and economics," in the eighth line 
 of said section immediately following the word * physiology." 
 
 SEC. 2. That section 1767, chapter 9, title 12, of the code of 
 Iowa, be and is hereby amended by inserting the words: "A 
 first class certificate shall be valid for a term of two years. 
 and all other grades of certificates/' in the fourth line of said 
 section immediately following the word * 'effect. " 
 
 CHAPTER 40, LAWS OF 1896. 
 
 -s 
 
 AN ACT to repeal sections 1 and 2, chapter 20, acts of the Twenty-fourth 
 General Assembly, and enact a substitute therefor, changing the term 
 of office of subdirector from three years to one year. 
 
 That sections 1 and 2, chapter 20, acts of the Twenty fourth 
 General Assembly be, and are hereby repealed, and the follow- 
 ing enacted in lieu thereof: 
 
 SECTION 1. All subdirectors elected to fill vacancies occur- 
 ring in March, 1897, and annually thereafter, shall serve for a 
 term of one year. 
 
: 53872 
 
 
 I