GIFT OF 
 
 a 
 
STATE OF OKLAHOMA 
 
 LAWS AND OPINIONS 
 
 For the Regulation and Support of the 
 
 COMMON SCHOOLS 
 
 LAWS 1910 
 
 This Book is the preperty of School District No.^ 
 County of _OAr/a. 
 
 County Superintendent 
 
 All the School Laws Now in Effect 
 
 Carefully Compiled and 
 
 Carefully Annotated 
 
 PREPARE? BV 
 HON. E. D. CAMERON, State Superintendent 
 
 AND 
 HON. JNO. W. WILKINSON, Assistant Superintendent 
 
247909 
 
OFFICIAL ENDORSEMENT 
 
 To the Teachers and School Officials of Oklahoma: 
 
 In accordance with the provisions of Section 5883 of Wilson's Statutes of Okla- 
 homa which makes it my duty as State Superintendent to publish not more than once 
 in two years the school laws in force, with such forms and regulations, instructions and 
 decisions as may be judged expedient thereto annexed, I have arranged to have printed 
 and distributed by Hon. Jasper Sipes of Oklahoma City several thousand copies of the 
 School Laws. 
 
 These have been carefully compiled and arranged with cross references, so that the 
 various passages quoted may be located in the Session Laws of the various Legislatures 
 and their correctness easily ascertained. It is somewhat unfortunate that the Report 
 of the State Code Commission is not available at this time so that all apparent conflicts 
 in the Laws might be eliminated. However, we have done the best we could do under 
 the circumstances and have added a system of cross references to the Session Laws so 
 that wherever conflicts appear the provisions of the later statutes may be followed. The 
 present compilation contains all the important school legislation passed by the Special 
 Session of the Legislature of 1910 as well as that of all previous sessions. Much important 
 legislation has been passed, but much additional legislation is needed. 
 
 I desire to thank publicly Hon. Bill Cross, Secretary of State, for copies of the 
 Session Laws furnished my office for my use in compiling the copy for the School Laws: 
 Hon. John W. Wilkinson, the Assistant Superintendent for his kind assistance in the work; 
 and Prof. J. M. Osborn, County Superintendent Neil Humphrey, Prof. W. S. Calvert 
 and others who kindly assisted in proof-reading the copy. 
 
 The thanks of all the teachers in the state are due Hon. Jasper Sipes for generously 
 offering to print and distribute free, copies of the School Laws to all the teachers and 
 school officials in the state upon request. The importance of this undertaking will be 
 appreciated when it is known that the present condition of the State Printing Fund would 
 not justify the publication of the School Laws at this time if printed at state expense. 
 
 Sincerely, 
 
 E. D. CAMERON, 
 
 State Superintendent 
 
 2 
 
LIST OF COUNTY SUPERINTENDENTS FOR 1910 
 
 COUNTY SUPERINTENDENT POST OFFICE 
 
 Adair J. B. Johnson Stilwell Okla. 
 
 Alfalfa Miss Gertrude Hotter Cherokee Okla. 
 
 Atoka I. L. Cook Atoka Okla. 
 
 Beaver G. W. Meeks Beaver Okla. 
 
 Beckham A. R. Harris Sayre Okla. 
 
 Blaine Mrs. Emma Gard Mills Watonga Okla. 
 
 Bryan H. C. King. Durant Okla. 
 
 Caddo Mrs. Wm. McFayden Anadarko Okla. 
 
 Canadian .Mrs. Kate Oldham El Reno Okla. 
 
 Carter . Mrs. Mary Niblack Ardmore Okla. 
 
 Cherokee A. K. Ralston Tahlequah Okla. 
 
 Choctaw H. G. Bennett Hugo Okla. 
 
 Cimarron Mrs. Hettie Britton Boise City Okla. 
 
 Cleveland B. R. McDonald Norman Okla. 
 
 Coal M. H. Caywood Coalgate Okla. 
 
 Comanche J. A. Johnson Lawton Okla. 
 
 Craig H. W. C. Shelton Vinita Okla. 
 
 Creek . .P. T. Frye Sapulpa Okla. 
 
 Custer L. B. Snider Arapaho Okla. 
 
 Delaware Steve Peak Grove Okla. 
 
 Dewey E. M. Frost Taloga Okla. 
 
 Ellis J. A. McLain Arnett Okla. 
 
 Garvin Miss Pearl Bradfield Pauls Valley Okla. 
 
 Grady R. H. Wilson Chickasha '. .Okla. 
 
 Greer G. W. Sims Mangum Okla. 
 
 Garfield George Rainey Enid Okla. 
 
 Grant C. M. Jacobson Medford Okla. 
 
 Harmon G. P. Morton Hollis Okla. 
 
 Harper % Mrs. Alma Criswell Buffalo Okla. 
 
 Haskell M. L. Cotton Stigler Okla. 
 
 Hughes - B. N. Hicks Holdenville Okla. 
 
 Jackson J. M. Dale Altus Okla. 
 
 Jefferson L. L. Wade Ryan Okla. 
 
 Johnson J. Frank Lilly Tishomingo Okla. 
 
 Kay E. A. Duke Newkirk Okla. 
 
 Kingfisher G. E. Moore Kingfisher Okla. 
 
 Kiowa .^ Miss A. E. Lane Hobart Okla. 
 
 Latimer Miss Alice Fleming Wilburton Okla. 
 
 Le Flore A. H. Crouthamel Poteau Okla. 
 
 Lincoln O. F. Hayes. Chandler. . Okla. 
 
 Logan Neil Humphrey. Guthrie. . . Okla. 
 
 Love ; Mrs. R. Anderson Marietta Okla. 
 
 Major Charles Wright Fairview Okla. 
 
 Marshall W. M. Abernathy Madill Okla. 
 
 Mayes Miss Carlotta Archer Pryor Creek Okla. 
 
 Murray Miss Essie Bell Sulphur Okla. 
 
 Muskogee . . . . J. F. Gambill Muskogee Okla. 
 
 McClain . A. J. French Purcell Okla. 
 
 McCurtain P. K. Faison Idabel Okla. 
 
 Mclntosh L. G. Mclntosh Eufaula Okla. 
 
 Noble William Martin Perry Okla. 
 
 Nowata Miss Blanche Larkin Nowata Okla. 
 
 Okfuskee Mrs. Mae Noble. Okemah Okla. 
 
 Oklahoma Mrs. Mary Couch Oklahoma City Okla. 
 
Okmulgee E. B. Shotwell Okmulgee Okla. 
 
 Osage W. E. Gill Pawhuska Okla. 
 
 Ottawa J. T. Davis Miami. .' Okla. 
 
 Pawnee W. R. Robinson Pawnee Okla 
 
 Payne R. I. Bilyeu Stillwater Okla. 
 
 Pittsburg L. E. Christian McAlester Okla. 
 
 Pontotoc T. F. Pierce Ada Okla. 
 
 Pushmataha Erskine Brantley Antlers Okla. 
 
 Pottawatomie Clarence Robison Tecumseh Okla. 
 
 Roger Mills T. C. Moore Cheyenne Okla. 
 
 Rogers B. H. Hester Claremore Okla. 
 
 Seminole W. F. Cooper Wewoka Okla. 
 
 Sequoyah Fred Mershon Sallisaw Okla. 
 
 Stephens G. A. Witt Duncan Okla. 
 
 Texas H. B. Denman Guymon Okla. 
 
 Tillman A. A. Rogers Frederick Okla. 
 
 Tulsa William Sattgast Tulsa Okla. 
 
 Wagoner Frank Shortall Wagoner Okla. 
 
 Washita T. H. Hubbard Cordell Okla. 
 
 Woods F. O. Hays Alva Okla. 
 
 Washington Miss Amanda P. Morgan Bartlesville Okla. 
 
 Woodward . . Mrs. Sadie Zimmerman . . . . Woodward Okla. 
 
 
ARTICLE I. 
 STATE BOARD OF EDUCATION. 
 
 SECTION SECTION 
 
 1. Term of Office and Powers. 2. Accepting Grades of Colleges. 
 
 Sec. 1. (7955-S.) Term of Office Powers. The State Superintendent of 
 Public Instruction, the principal or president of the State Normal School 
 at Edmond and the president of the University of Oklahoma, superinten- 
 dent of city schools and one county superintendent to be appointed by the 
 governor, shall constitute the State Board of Education. The members 
 thus appointed shall hold for a term of two years. 
 
 The board shall have the power to grant State certificates and diplomas 
 to teachers, certificates to conductors and instructors of normal institutes, 
 shall prepare questions for county and city examinations. The State board 
 shall estimate the amounts required to carry into effect the provisions of 
 this article and it shall be the duty of the State Board of Equalization to 
 levy a tax for the same. The State Board of Education shall be empowered 
 to prepare such blanks as may be necessary to carry the provisions of this 
 article into effect, and shall constitute an advisory board on all matters 
 pertaining to the educational interests of the State. The members of the 
 State Board of Education shall receive no compensation for services, but 
 shall be allowed all necessary expenses incurred by the discharge of their 
 duties as members of said board. (S. 1893, S. 5876.) 
 
 Amended by the State Constitution as follows: The supervision of in- 
 struction in the public schools shall be vested in a Board of Education whose 
 powers and duties shall be prescribed by law. The Superintendent of Pub- 
 lic Instruction shall be president of the board. Until otherwise provided 
 by law the governor, secretary of state and attorney general shall be ex- 
 officio members, and with the superintendent shall compose the Board of 
 Education. 
 
 Art. XIII, S. 312. (Bunn's Constitution.) 
 
 An Act Conferring Certain Powers on the Board of Education. (Laws of 
 
 1901.) 
 
 Sec. 2. (7956-S.) May Accept Grades of Colleges, Other Than State 
 Institutions: That upon the application of any college, university, or edu- 
 cational institution of like standing, incorporated under the general laws 
 of the State of Oklahoma, the State Board of Education shall have power 
 to examine the courses of study prescribed and the character of the work 
 done and if in the judgment of said board, it shall prove to have as effi- 
 cient a course of study as those of the State normal schools, the said board 
 of education shall have power to accept grades given on academic subjects 
 completed in course and passed in regular examinations to persons who 
 are graduates of or who may hereafter be graduated from such institu- 
 tions, in lieu of the examinations on the same subject required for State 
 certificate which said board is empowered to give by Section one (1), 
 Article ten (10), Chapter seventy-three (73), statutes of Oklahoma, 1893. 
 (7955). (L. 1901, p. 214.) 
 
SECTION 
 
 1. Duties. 
 
 2. Apportionment. 
 
 3. Opinions. 
 
 4. Laws. 
 
 ARTICLE II. 
 Superintendent of Public Instruction. 
 
 SECTION 
 
 5. Yearly Visits. 
 
 6. Office Whore. 
 
 7. Biennial Reports. 
 
 Sec. 1. (7958-S). Duties: The educational interests of the State shall 
 be under the supervision and management of the State Superintendent of 
 Public Instruction subject to such limitations and restrictions as or may 
 be prescribed by law; and he shall have and exercise the powers and per- 
 form the duties pertaining to such office. (S. 1893, S. 5880.) 
 
 Sec. 2. (7959-S). Apportionment. As Amended by the Session Laws 
 of 1908. S. B. No. 259: 
 
 1. The commissioners of the land office shall apportion the income 
 of the state school fund, and the annual taxes collected by the State for 
 the support of public schools, to those counties of the State from which 
 proper reports have been received by the Superintendent of Public In- 
 struction, and such apportionment shall be made as follows: All such 
 moneys remaining in the State treasury on the 15th day of January shall 
 be apportioned between the 15th and the last day of such month, and that 
 remaining on the 15th day of July shall be apportioned between the 15th 
 and the last day of such month. The apportionment to each county shall 
 be made in proportion to the number of children over the age of six years 
 and under the age of twenty-one years resident therein as shown by the 
 last annual report of the county superintendent to the State superinten- 
 dent. The ^commissioners of the land office in distributing all funds 
 mentioned in this section, shall draw their order on the State treasurer 
 or other officer having custody of such funds, in favor of the county 
 treasurers of the counties respectively entitled to school moneys, for the 
 amount of such moneys apportioned to his county, and certify the amount of 
 such order to the State treasurer, and also to the >county clerk and superin- 
 tendent of the proper county: Provided, that the Federal appropriation made 
 shall be apportioned by said commissioners after the passage of this act 
 to the several counties entitled to the same under act of congress provid- 
 ing for said appropriation, in proportion to the number of children of 
 school age shown by the last Federal census, and provided that lor the 
 year 1908, the commissioners of the land office shall have thirty days 
 from and after the 15th day of March, 1908, in which to make the ap- 
 portionment of school funds to the various counties of the State. 
 
 2. The commissioners of the land office are hereby authorized and 
 empowered to make all necessary rules and regulations, for the purpose 
 of carrying into effect the provisions of this law. 
 
 3. (Senate Bill No. 141.) "An Act to extend the time for making the 
 apportionment of the school fund to the various counties by the State 
 superintendent, and declaring an emergency," passed and approved Jan- 
 uary 17, 1908, is hereby repealed. (Ch. 76, Art. III., p. 666, L. 1908.) 
 
 Sec. 3. (7960-S). Opinions: Such Superintendent shall, at the re- 
 quest of any county or city Superintendent, give his opinion upon a written 
 statement of facts on all questions and controversies arising out of the 
 interpretation and construction of the school laws in regard to the rights, 
 powers and duties of township and city boards, school officers and county 
 superintendents, and shall keep a record of all such opinions. Before 
 giving any opinion which involves the construction of the school law the 
 Superintendent shall submit the statement of facts to the attorney gen- 
 
eral forthwith, for his opinion thereon, to examine such statements and 
 suggest the proper opinion to be made upon such facts. (S. 1893, S. 5882.) 
 
 Sec. 4. (7961-S.) Laws: Such superintendent not more than once 
 in two years may publish the school laws in force, with such forms, reg- 
 ulations, instructions and decisions as he may judge expedient thereto 
 annexed and shall cause the same to be forwarded to the persons en- 
 titled to receive them. He shall prescribe and cause to be prepared all 
 forms and blanks necessary in the details of the public school system, 
 so as to secure its uniform operation throughout the State, and shall 
 cause the same to be forwarded to the several county and city superinten- 
 dents, to be by them distributed to the several persons or officers en- 
 titled to receive the same. (S. 1893, S. 5883.) 
 
 Sec. 5. (7962-S). Yearly Visits: It shall be the duty of such super- 
 intendent to visit each county in the State at least once in each year, and 
 as much oftener as may be consistent with the discharge of his duties, 
 for the purpose of advancing and promoting the cause of education 
 throughout the State, and to open such correspondence as may enable him 
 to obtain all necessary information in relation to the system of schools in 
 other states. (S. 1893. S. 5884.) 
 
 Sec. 6. (7963-S). Office Where: Such superintendent shall have an 
 office at the seat of government, where he shall keep all books and papers 
 pertaining to the duties of his office, and all books, school and other, and 
 all apparatus, maps and charts belonging to the office of the State Super- 
 intendent and such as may hereafter be received for such office by pur- 
 chase, exchange or otherwise, shall be .kept and preserved in such office 
 and delivered by the superintendent to his successor. He shall file and 
 carefully preserve in his office, the official reports made to him by the 
 county superintendents of the several counties, trustees or directors of 
 academies, graded schools or colleges. (S. 1893, S. 5885.) 
 
 Sec. 7. (7964-S). Biennial Reports: The superintendent shall, on the 
 first day of December preceding each regular session of the legislature, 
 make out and deliver to the governor a report containing: 
 
 First. A statement of the number of public schools in the State, the 
 number of pupils attending the same, their sex, and the branches taught; 
 a statement of the number of private schools in the State, so far as can 
 be ascertained, and the number of pupils attending the same, their sex, 
 and the branches taught; a statement of the normal schools in the State 
 and the number of students attending them; the number of academies and 
 colleges in the State, the number of students and their sex, attending them; 
 and such other matters of interest as he may. deem expedient, drawn from 
 the reports of the county superintendents of the several Counties in the 
 State, and from other reports received on the subject of education from 
 the trustees or other school boards within the State. 
 
 Second. A statement of the condition of the public school funds of 
 the State, including moneys, school lands or other property held in trust 
 by the State for the support of the public schools, and giving a full state- 
 ment of the school land account of each county. 
 
 Third. A statement of the receipts and expenditures of the year. 
 
 Fourth. A statement of the plans for the management and improve- 
 ments of public schools, and such other information relating to the edu- 
 cational interests of the State as he may deem ' important. (S. 1893, 
 S. 5886.) 
 
 7 
 
ARTICLE III. 
 County Superintendent. 
 
 SECTION 
 
 1. Creating Office. 
 
 2. Oath and Bond. 
 
 3. Quarterly Report Visitation. 
 
 4. Appoitioning School Funds. 
 
 5. Report to County Clerk. 
 
 6. Report to State Superintendent. 
 
 7. Board of Directors Vacancies. 
 
 t 8. Vacancy in County Supt's. Office. 
 
 SECTION 
 
 9. Clerks to Make Report. 
 
 10. Records. 
 
 11. Division for Districts. 
 
 12. White and Colored Districts. 
 
 13. Notice and First Meeting. 
 
 14. Deputy Superintendent Qualifications. 
 
 15. Forfeiture of Office. 
 
 16. Salary and Compensation. 
 
 Sec. 1. (7965-S). Creating Office: There is hereby created the office 
 of county superintendent of public instruction for each county in Oklahoma, 
 which office shall be filled as hereinafter provided by election and ap- 
 pointment, and, when elected shall be elected at the same time and in the 
 same manner as other county officers, and his term of office shall be for 
 a period of two years, or until his successor is elected and qualified. 
 (S. 1893, S. 5749.) 
 
 (As Amended 1899) The term of office of the county superintendent 
 of public instruction shall commence on the first Monday in July after his 
 election. 
 
 Sec. 2. (7966-S). Oath and Bond: The county superintendent of 
 public instruction, shall, before he enters upon the duties of his office, 
 take and subscribe an oath or affirmation to support the constitution of the 
 United States and of Oklahoma, to faithfully discharge the duties of such 
 office, and execute to the State of Oklahoma a bond in the sum of one 
 thousand dollars, conditioned to the faithful performance of his duties; 
 which bond, after having been approved by the board of county commis- 
 sioners, together with his official oath shall be filed in the office of the 
 county clerk. (S. 1893, S 5750.) 
 
 Sec. 3. (7967-S). General Quarterly Report, Visitation, etc: It shall 
 be the duty of the county superintendent of public instruction to visit each 
 school in his county at least once each term of six months, correcting any 
 deficiency that may exist in the government of the school, the classifica- 
 tion of the pupils, or the method of instruction in the several branches 
 taught, to make such suggestions in private to the teachers as he shall 
 deem proper and necessary to the welfare of the school, to note the char- 
 acter and condition of the school house, furniture, apparatus and grounds, 
 and make a report in writing to the district board, making such sugges- 
 tions as in his opinion shall improve the same; to examine the accounts 
 and record books of the district officers, and see that they are kept as 
 required by law; to emcourage the formation of associations of teachers 
 and educators for mutual improvement, and as far as possible to attend 
 the meetings of such associations, and participate in the exercises of the 
 same, to attend the normal held in his county, using his influence to se- 
 cure the attendance of teachers; to make daily personal inspection of the 
 work of the institute in session, and to keep a record of the same in his 
 office, to do such work in connection with the exercises of the institute 
 as he may deem necessary; to hold a public meeting in each school dis- 
 trict of his county, at least on>ce every year, for the purpose of discussing 
 school questions and elevating the standard of education; to keep his of- 
 fice open at the county seat Saturday of each week and in counties in 
 which the county superintendent receives a salary of more than six hun- 
 dred dollars per annum, he shall keep his office open when not necessarily 
 absent attending to his. official duties. He shall keep a complete record 
 of his official acts; a record of the name, age and postoffice address of 
 
each candidate for a teacher's certificate, with the number of weeks said 
 candidate has attended a normal school or institute, the number of weeks 
 he has taught, his standing in each study and the date of issue and ex- 
 piration of each certificate granted. He shall keep a register of the 
 teachers employed in his county, giving name of teacher, number of dis- 
 trict in which he is employed, dates of opening and closing term, salary 
 per month, grade of certificate and date of superintendent's visit. He 
 shall keep a record of the semi-annual apportionment of the State and 
 county school funds, and such other statistical records as shall be re- 
 quired in making reports to the State superintendent of public instruction. 
 He shall make out and transmit to the State superintendent, on the last 
 Monday in March, June, September and December of each year, a report 
 showing the number of school visits made with the average length of time 
 spent in each visit, the number of consultations held with school officers, 
 the number of days his office has been kept open, the number of district 
 treasurers' and clerks' record books examined, the number of teachers' 
 meetings attended, the number of public lectures delivered and such other 
 information as the State superintendent may require regarding the duties, 
 of such county superintendent; and until such reports shall have been for- 
 warded to the State superintendent, and a copy thereof filed with the 
 county clerk for publication, and that fact certified by the said county 
 superintendent to the board of county commissioners, the warrant for his 
 salary shall not be drawn. The county superintendent shall obtain from 
 the county clerk, at least ten days before the time for holding the annual 
 school meeting each year, a certified statement of the total assessed val- 
 uation of th property of each school district in his county and immediate- 
 ly certify the same to the several school district clerks of his county, for 
 the information of the annual school meeting; and it is hereby made the 
 duty of said county clerks to make out said certified statements and de- 
 liver the same to the county superintendent. (S. 1893, S. 5751.) 
 
 Sec. 4. (7968-S). Apportioning School Funds: Within five days after 
 receiving the certificate of the State Superintendent of public instruction 
 informing him of the amount of State school fund which has been ap- 
 portioned to his county, the county superintendent shall apportion the 
 same, together with the unapportioned county school fund in the county 
 treasury, among the school districts and parts of districts in such county 
 in the ratio of the number of persons of school age residing in each dis- 
 trict or part of district, as shown by the last annual reports of the several 
 clerks of such districts and parts of districts: Provided, that no district in 
 which a common school has not been taught for at least three months the 
 last preceding school year shall be entitled to receive any portion of said 
 funds, and he shall draw his order on the county treasurer in favor of each 
 of the several school district treasurers for the amount apportioned to such 
 district: Provided, however, that counties in which districts have not been 
 organized, and schools taught said districts shall be entitled to receive the 
 school fund due said districts under the apportionment. (S. 1893, S. 5752.) 
 
 Sec. 5. (7969-S). Report to County Clerk: It shall be the duty of 
 the county superintendent of public instruction on or before the fourth 
 day of July of each year, to furnish the clerk of the county a description 
 of the boundary of each and every school district and part of district in 
 such county. (S. 1893, S. 5753.) 
 
 Sec. 6. (7970-S). Annual Report to State Superintendent: He shall, 
 on or before the fifteenth day of October of each year, make out and trans- 
 mit in writing to the State superintendent of public instruction a report, 
 bearing date October first, containing a statement of the number of the 
 school districts or parts of districts in the county, and the number of chil- 
 dren and their sex, resident in each, over the age of six and under the age 
 of twenty-one years; a statement of the number of districts schools in the 
 
county, the length of time the school has been taught in each, the number 
 of scholars attending the same, their sex, the branches taught and the 
 text books used; the number of teachers employed in the same and their 
 sex, a statement of the number of private or select schools in the county, 
 so far as the same can be ascertained, and the number of teachers em- 
 ployed in the same, their sex, and the branches taught; a statement of the 
 number of graded schools in the county, the length of time school has 
 been taught in each, and the number of scholars attending the same, their 
 sex, and the branches taught, the number of teachers employed in the 
 same, and their sex; a statement of the condition of the normal school 
 where such school has been established, the number of students attending 
 the same, their sex, and the number of teachers employed in the same and 
 their sex; a statement of the county normal institute; a statement of the 
 number of icolleges and academies in the county, and the number of stu- 
 dents attending the same, their sex, the number of teachers employed in 
 each and their sex; a statement of the amount of public money received 
 in each district or part of district, and what portion of the same, if any, 
 has been appropriated to the support of graded schools; a statement of 
 the amount of money raised in each district by tax, and paid for teachers' 
 wages in addition to the public money paid therefor; the amount of money 
 raised by tax or otherwise for the purpose ot purchasing school site for 
 building, hiring, purchasing, repairing, furnishing or insuring school house, 
 or for any other purpose allowed by law, in the district or parts of dis- 
 tricts. (S. 1893, S. 5754. See also Ag. and Ind. Ed. 4 and Art. XXXIII., 
 9 and 15.) 
 
 Sec. 7. (7971-S). Board of Directors Vacancies How Filled: Should 
 a vacancy occur in the board of directors of any school district, it shall be 
 the duty of the county superintendent to appoint some suitable person, a 
 resident of the district to fill the same; and the person so appointed shall 
 continue in office until the next annual meeting thereafter and until his 
 successor is elected and qualified. (S. 1893, S. 5756.) 
 
 Sec. 8. (7972-S.) Vacancy in Office of County Superintendent. When 
 a vacancy occurs in the office of county superintendent of public instruc- 
 tion, by death, resignation or otherwise, notice thereof shall be given by 
 the county clerk to the board of county commissioners, who shall, as soon 
 as practicable, appoint some suitable person to fill the vacancy; and the 
 person receiving appointment shall before entering upon the discharge of 
 the duties of his office, file his oath or affirmation, and bond in the county 
 clerk's office as hereinbefore provided, and shall hold his office until his 
 successor is elected and qualified: Provided, That no person shall be 
 eligible to the office of county superintendent of public instruction who is 
 not a graduate of some institute of learning, which shall be shown by 
 diploma thereof, or that he is the holder of a first class certificate. (S. 1893, 
 S. 5757.) 
 
 Sec. 9. (7973-S). Clerks Shall Make Reports: He shall see that the 
 annual reports of the clerks of the several districts and parts of districts 
 in his county are made correctly and in due time; he shall have power to 
 administer oaths in all cases in which an oath is made necessary by an.y 
 provision of the school lav/; except in the qualifying of county superinten- 
 dents and their sureties. (S. 1893, S. 5758.) 
 
 Sec. 10 (7974-S). Records: The county superintendent of public in- 
 struction of the respective counties of this State may purchase for each 
 organized school district in his county, not having sufficient records, one 
 set of school district records, consisting of district clerk's records and other 
 (order) books, district treasurer's book and a teacher's daily register; each 
 of said books shall contain such printed forms and instructions as will 
 enable the teacher and the school district officer to perform with 'cor- 
 rectness and accuracy their several duties as required by law: Provided, 
 
 10 
 
The entire set of said records as above enumerated, shall not exceed in 
 cost four dollars for each set; and the said superintendent shall draw his 
 order or warrant on the county treasurer in favor of the person he pur- 
 chased said books of, for the amount of the purchase money, and it is 
 hereby made the duty of said treasurer to pay said warrant or order out 
 of any money in his hands belonging to the respective districts in his 
 county: Provided, That no funds in the hands of the county treasurer 
 belonging to the several school districts of his county, 'shall be diverted 
 from the object for which said fund was raised, and said superintendent 
 shall deliver said bocks to the clerk of the district board of said district. 
 (S. 1893, S. 5759.) 
 
 An Act relating to schools and amendatory of Section 12, Article 1, 
 Chapter 73 of the Statutes of Oklahoma. 
 
 Sec. 11. (7975-S). Division of County Into School Districts: (As 
 amended, 1897.) It shall be the duty of the county superintendent of pub- 
 lic instruction to divide the county into a convenient number of school 
 districts and to ichange such districts when the interests of the people 
 may require it, by making them conform to existing topographical or physi- 
 cal conditions; but only after twenty days' notice thereof, by written notice 
 posted in at least five public places in the district or districts so alfected; 
 but no district shall be formed containing less than eight persons of school 
 age, and no district having a bonded indebtedness shall be so changed that 
 such indebtedness shall exceed four per cent of the assessed property val- 
 uation of such district. See Art. XXVII. The Constitution makes the limit 
 five per cent. (See Art. X., S. 292, p. 78, Bunn's Con.) 
 
 Provided, That no district shall be changed under the provisions of 
 this act, except upon a petition to the county superintendent signed by at 
 least one-third of the qualified electors of such district. 
 
 Provided, Further, That one-fourth of the qualified electors of any 
 district affected by such change, may join in appeal to the board of 
 county commissioners from the action of the county superintendent, and 
 their decision shall be final: Provided, That notice of such appeal shall 
 be served on the county superintendent within ten days after the time of 
 posting the formation or alteration o<f such district. Such notice shall be 
 m writing and shall state fully the objections to the action of the icounty 
 superintendent, a copy of which shall be filed with the county clerk, and 
 also with the clerks of all districts affected by such alteration; Provided, 
 Also, That such appeal shall be heard and decided by a majority of the 
 board of county commissioners at their next regular meeting, and, if such 
 appeal is not sustained by them, the county superintendent shall proceed 
 to appoint the time and place for said first district meeting, which shall 
 then proceed as by law required. Such superintendent shall number school 
 districts when they are formed, and he shall keep in a book for that pur- 
 pose, a description of the boundaries of each school district and part of 
 district in his county, with a plat of same, date of organization, date and 
 full record of all changes of boundaries, and a list of district officers in 
 his county, the date of election or appointment and the time the term of 
 each is to expire. (S. 1897, p. 271.) 
 
 Sec. 12. (7976-S). Not to Affect Formation of White and Colored Dis- 
 tricts: The provisions of this act shall not be construed as limiting the 
 operation of any act or parts of acts providing for the formation of separate 
 districts for white and colored children, but the formation of any district 
 under such act shall be construed to be the formation of a new district with 
 like effect as though such new district was formed in territory unorganized 
 for school purposes. (L. 1897, p. 273.) 
 
 Sec. 13. (7977-S). Notice and First Meeting: When a school district 
 shall be formed in any county the Bounty superintendent of public instruc- 
 tion of such county shall, within fifteen days thereafter, prepare a notice 
 
 11 
 
of the formation of such district, describing its boundaries and stating the 
 number thereof. He shall cause the notices thus prepared to be posted 
 in at least five public places in the district, and in case there shall be no 
 appeal, shall in ten days thereafter, in like manner, appoint a time and 
 place for special district meeting for the election of officers and the trans- 
 action of such business as is prescribed by law for regular school district 
 meetings. (S. 1893, S. 5761.) 
 
 An Act amendatory of Section 14, of Article 1, Chapter 73, being gen- 
 eral Section (5762) of the Statutes of 1895, entitled "Schools." 
 
 Note. There is no such Section as that mentioned in the -foregoing 
 title. The body of the Act refers, however, to the Statutes of 1893, where 
 the amended Section is found. 
 
 Sec. 14. (7978-S). Deputy Employed Qualifications: He shall dis- 
 charge such other duties as may be prescribed by law, and when the duties 
 of the office require it he may at his own cost, employ an assistant who 
 shall have all the qualifications required of the principal, and before enter- 
 ing upon the discharge of the duties of his office shall take and subscribe 
 the oath of office required by Section 7976-S. Such assistant shall be 
 liable, and may, in the name of his principal, do any official act that the 
 principal might legally do: Provided, Nothing in this section shall be 
 construed to relieve the principal from liability on his bond for any breach 
 of the conditions thereof by such assistant. He shall deliver to his suc- 
 cessor, within ten days after the expiration of his term of office, all books, 
 papers, records and fixtures appertaining to his office. (L. 1899, p. 227.) 
 
 Sec. 15. (7979-S). Forfeiture of Office When: Every county super- 
 intendent who shall neglect or refuse to perform any act which it is his duty 
 to perform, or shall corruptly or oppressively perform such duties, will 
 forfeit his office and shall be liable on his official bond for all damages 
 occasioned thereby, to be recovered in the name of the State for the bene- 
 fit of the proper party, district or county. (S. 1893, S. 5763.) 
 
 An Act Relating to the Term of Office of the County Superintendent of 
 Public Instruction. 
 
 Sec. 16. (7980-S). Term of Office: The term of office of the county 
 superintendent of public instruction elected in each county at the general 
 election in the year 1900 and at each general election thereafter shall com- 
 mence on the first Monday in July after his election. (L. 1899, p. 225.) 
 
 An Act to Regulate the Salaries and Expenses of County Superinten- 
 dents and Declaring an Emergency. 
 
 Sec. 16. (7981-S). Salary and Compensation: The county superin- 
 tendent of public instruction of each county in this State shall receive 
 an annual salary to be paid quarterly out of the county treasury by order 
 of the county commissioners, as follows: 
 
 In counties having a population of not over 10,000 $ 800.00 
 
 In 'counties having a population over 10,000 and not over 20,000. .1,200.00 
 
 In counties having a population over 20,000 and not over 30,000 1,400.00 
 
 In counties having a population of over 30,000 and not over 40,000. . . 1,600.00 
 In counties having a population of over 40,000 1,800.00 
 
 In addition to the annual salary, he shall receive one dollar for each 
 school visited within his jurisdiction, provided this shall not be construed to 
 include more than one visit in any school year. He shall also receive not to 
 exceed $150 per year for clerk hire, and in counties with a population of 
 25,000 or more according to the federal .census of 1907, may employ one clerk 
 at a salary not to exceed $50 per month to be paid in the same manner as 
 county superintendents are paid. (L. 1909, H. B. 230.) 
 
 NOTE. This probably repeals legislation of 1897, P. 180 L. 1897, regu- 
 lating county superintendents' salaries since no county has a population of 
 less than 10,000 inhabitants, etc. 
 
 12 
 
ARTICLE IV. 
 Book and Supplies. 
 
 SECTION 
 
 1. Creating Text Book Commission. 
 
 2. To Adopt Uniform System. 
 
 3. Advertise for Bids Regulations. 
 
 4. Disposition of Deposit Read vertise men t 
 
 5. Bonds. 
 
 6. Opening of Bids. 
 
 7. Points to be Considered. 
 
 8. Price not to Exceed that of Other States. 
 
 9. Bidder's Sworn Statement of General 
 
 Price. 
 
 10. Procuring Change of Series Misdemea nor 
 
 11. Unlawful to Purchase When. 
 
 12. Unlawful to Sell When. 
 
 13. Requisites of Contract. 
 
 14. Commission may Reject All Bids. 
 
 SECTION 
 
 15. Distribution of Books and Supplies. 
 
 16. Proclamation. 
 
 17. Receiving More than Contract Price 
 
 Misdemeanor. 
 
 18. Trustees of Public School Meetings 
 
 Supplies Considered. 
 
 19. Exclusive Use. 
 
 20. Preventing Use Penalty. 
 
 21. Commission May Make Regulation. 
 
 22. Combination on Prices. 
 
 23. Commission to File Statement. 
 
 24. Shall not Receive Favors. 
 
 25. Construction of "Common Schools." 
 
 26. Foreign Contractor. 
 
 27. Combination Prohibited. 
 
 Sec. 1 (7982-S). Creating Text-Book Commission. There is hereby 
 created a commission to be composed of seven members, to be known as the 
 "Text Book Commission," consisting of the governor and six other persons 
 of recognized ability, residents of this state, a majority of whom shall be ex- 
 perienced educators, who shall be appointed by the governor and approved 
 by the senate, to serve for a term of five years and until their successors are 
 appointed and qualified, unless sooner removed. Any vacancy occuring upon 
 the commission from any cause, shall be filled by appointment by the Gov- 
 ernor, as in the first instance. A majority of said commission shall consti- 
 tute a quorum for the transaction of all business of the commission. Before 
 transacting any business relating to the duties of the commission, they 
 shall each, in addition to the oath prescribed by the constitution, take an 
 oath before some person authorized to administer same, to faithfully dis- 
 charge all the duties imposed upon them as members of the text book com- 
 mission, and that they have no interest, directly or indirectly in any con- 
 tract that may be made under this act, and will receive no personal benefit 
 therefrom, that they will examine all books submitted carefully and faith- 
 fully, as herein directed and prescribed, and said oath shall be filed in the 
 office of the Secretary of State. 
 
 The Secretary of said Commission shall keep a correct record of all 
 proceedings, votes and actions of the Commission, which said records shall 
 be deposited in the office of the Secretary of State, at the time when said 
 Commission is not in session. All votes upon any proposition submitted to 
 the Commission shall be by yea and nay, and recorded on the journal of the 
 day's proceedings. No person shall be appointed to serve on said Commis- 
 sion who has been in the employ, directly or indirectly, as traveling sales- 
 man, or otherwise, for any publisher of school text books. (L. 1907, S. P. 
 680.) 
 
 Sec. 2 (7983 S.) To Adopt Uniform System. The text book commis- 
 sion shall be called together by the governor, within thirty days after the 
 passage and approval of this act, and said commission is hereby empowered 
 to select and adopt a uniform system or series of school text books, registers, 
 records, maps, charts, globes, and other school apparatus, for use in all the 
 coximon schools of Oklahoma and the series so selected shall include all 
 the studies taught in the common schools of the State up to and including 
 the twelfth grade; Provided, That none of said text books shall contain 
 anything of a partisan or sectarian character. Each bidder presenting books 
 for adoption shall state at what price the books are offered, as basic books 
 and as supplementary books; Provided, That the commission may adopt 
 
 13 
 
supplementary readers, but such readers shall not be used to the exclusion 
 of the basic readers. The duly constituted authorities in charge of any 
 private school, or other educational institution, desiring to use any of the 
 books selected by said commission in such school shall have the privilege 
 of buying said books at the same price and on the same terms at which 
 they are furnished to the common schools. (L. 1907 8, P. 681.) 
 
 Sec. 3. (7984-S.) Advertise for Bids Regulations. As soon as practica- 
 ble, at the time fixed in the notice and in such manner as the commission 
 may deem best, the commission shall advertise, for at least thirty days, for 
 sealed bids or proposals from the publishers of said text books, for furn- 
 ishing books, registers, records and apparatus to the common schools of 
 this State as heretofore provided. The bids or proposals shall be for furn- 
 ishing the books, registers, records, and apparatus for a period of five years, 
 commencing August first, Nineteen Hundred Eight. Each bid shall state 
 specifically and clearly the retail price at which each book, register, record, 
 and apparatus shall be furnished. Each bid or proposal shall be accom- 
 panied with specimen copies at each and all books offered in said bid 
 which specimen copies of books shall be sent by express or mail, to the 
 Governor, and it shall be required that each bidder deposit with the Secre- 
 tary of the State of Oklahoma such sum of money as the commission 
 shall require, not less than five hundred dollars, nor more than twenty-five 
 hundred dollars, according to the value of the books, registers, records, 
 and apparatus each bidder may propose to supply. Such deposit shall be 
 forfeited to the State if such bidder so depositing shall fail to make and 
 execute such contract and bond as provided in this act within such time 
 as the commission may require, which time shall be specified in the notice 
 advertised, each bid shall be accompanied with a sworn statement, showing 
 the ownership of such publishing house, with the interest, names and ad- 
 dresses of such owners, and specially stating whether or not the said pub- 
 lishers or the owners of any interest or share of any such publishing house 
 are the owners of any interest or share of any other publishing house, and 
 if so, give the name and address thereof, and further state in said affidavit 
 that no member of the commission is in any manner interested, directly or 
 indirectly, in such firm or corporation submitting said bid. If the fact shall 
 be disclosed that any member of the commission is so interested, it shall 
 work a disqualification of such member of the commission, and he shall not 
 be permitted to serve on such .commission, or if it should further appear or 
 be disclosed that a member of the commission is interested in any book 
 or series of books as the author or the associate author, or that any mem- 
 ber of the commission is interested in any such book or series of books in 
 any manner, such shall likewise work a disqualification of such member 
 and he shall not be permitted to serve on the commission. Each member of 
 the .commission, after a called session of the commission, at which any books 
 are adopted, shall make out and file with the Secretary of State an affi- 
 davit that he is not, and has not been directly or indirectly interested in or 
 related to any publishing house, person, firm, or corporation submitting any 
 book, register, record, manuscript or school apparatus for adoption, or in 
 any book, register, record, manuscript or school apparatus offered for 
 adoption, nor is he related to any person or agents representing such house, 
 person, firm or corporation and that he will not accept any position as agent 
 or representative of any person, firm or corporation to wihom any contract 
 may be awarded by said commission during the term and duration of said 
 contract, and that he is not related to any person or agents representing 
 such house, firm or corporation. Any contract entered into under the 
 provisions of this act with any publishers who may hereafter become a 
 party to any combination or trust for the purpose of raising the price of 
 
 14 
 
school text books, registers, records or school apparatus used in this state, 
 at the wish of the Commission, shall become null and void. (S. 1907-8, p. 682.) 
 
 Sec. 4. (7985 S..) Disposition of Deposit Readvertisement. All bids 
 shall be sealed and deposited with the chairman of the Commission to be 
 by him delivered to the Commission in executive session, for the* purpose 
 of considering the same. When any person, firm or (Corporation has been 
 awarded a contract and the contract and bond required has been filed with 
 the Commission, it shall make an order on the Treasurer of the State, recit- 
 ing such fact, and thereupon the Treasurer shall return the deposit of such 
 bidder, but if any successful bidder shall fail to make the contract and bond, 
 as heretofore provided, the Treasurer shall place the deposit of such bidder 
 in the State Treasury to the credit of the available school fund, and the Com- 
 mission shall readvertise for other bids to supply such books or school ap- 
 paratus, which said bidders may have failed to supply. All unsuccessful 
 bidders shall have their deposits returned to them as soon as the Commission 
 has decided not to accept their bids. All books adopted by the Commission 
 shall be printed in English, except such text books as may be adopted for 
 the teachirg of any foreign language. The Commission shall stipulate in the 
 contract that where a change shall have been made from the books now in 
 use in this State, the contract or 'contractors shall take in exchange the re- 
 spective books and receive the same in exchange for new books at a price 
 not less than fifty per cent of the contract price. Such 'exchange period 
 shall not continue longer than one year from the date of 'contract. (L. 
 1907-8, P. 683.) 
 
 Sec. 5 (7986-S.) Bonds. The bidder or bidders to whom any contract 
 may have been awarded shall make and execute a good and sufficient bond 
 payable to the State of Oklahoma in the sum of not less than ten thousand 
 dollars, to be approved by the Governor, such bond to be conditioned that, 
 the contractor or .contractors shall faithfully perform all conditions of the 
 contract. The contract and bond shall be prepared by the Attorney Gen- 
 eral and shall be made to conform with all the requirements of this act, 
 and shall be payable in the county where the seat of government of this 
 State is located, which shall be deposited in the office of the Secretary of 
 State. The bond shall not be exhausted by a single recovery thereon, but 
 may be sued upon from time to time until the full amount thereof is re- 
 pnvpred. and the Commission, may, after twenty days' notice, require a new 
 bond to be given, and in the event the contractor or contractors shall fail 
 to furnish such new bond the contract of the contractor or contractors may, 
 at the option of the Commission, be forfeited. (L. 1907-8, P. 684.) 
 
 Sec. 6. Opening Bids. It shall be the duty of the Commission to meet 
 at the time and the place mentioned in the notice and advertisement and 
 it shall adopt such rules and regulations as may be necessary to the tran- 
 saction of its business, not contrary to the provisions of this act, and shall 
 then and there open and examine the sealed proposals received, and it shall 
 be the duty of the Commission to make a full and complete investigation of 
 all books, registers, records and school apparatus and bids accompanying 
 the same. Each person, company or corporation submitting bids or pro- 
 posals shall be permitted to file a written statement as to the merits of 
 any book or books, register, record or school apparatus offered by such 
 bidder, or they may be permitted to appear in person, or by a duly author- 
 ized agent, before said Commission and the party so appearing or represent- 
 ing the claims of any bidder, shall deposit with the Commission his proper 
 credentials or authority to represent such bidder. Every person who ap- 
 pears before the Commission in advocacy of the adoption or rejection of any 
 book, register, record, manuscript or any school apparatus shall file an af- 
 fidavit showing fully in what capacity he appears and whether he is rep- 
 
 15 
 
resenting as agents or otherwise any bidder, or whether he has received or 
 has a contract to receive pay for his services in appearing before said Com- 
 mission: Provided, That no State official of this State shall be allowed to 
 appear as the agent or representative of any text book company, firm, or 
 corporation. (L. 1907-8, P. 684.) 
 
 Sec. 7. (7988-S.) Points to be Considered Home Authors Preference. 
 The literary merits and historical accuracy of all books shall be the main 
 point to be considered in their adoption, and the books shall be selected 
 after a careful examination and consideration of all the books presented, 
 and books selected shall be those which, in the opinion of the Commission, 
 are most acceptable for use in the various schools of the State, quality, 
 mechanical construction, paper, print, price, authorship and any other 
 relevant matter being given such weight in making its decision as the Com- 
 mission may deem advisable: Provided, That books by Oklahoma authors 
 shall have preference, merit and price being equal. The Commission shall 
 proceed without delay to adopt, for use in the common schools of this State, 
 text books in the schools hereinbefore mentioned, and shall notify publishers 
 to whom contracts are awarded. Each contract shall be duly signed by the 
 publishing house or its authorized officers or agents, and if it is found to 
 be in accordance with the award and all the provisions of this act, ana 
 if the bond herein required is presented and duly approved, the Commission 
 shall approve said contract and order it to be signed on behalf of the State, 
 by the Governor. All contracts shall be made in duplicate and one copy 
 shall remain in the custody of the Secretary of State and be copied in full 
 in the minutes of the meeting of the Commission in a well bound book, 
 and the other copy to be delivered to the publisher or agent thereof. All 
 the books, registers and records furnished under such contract shall be equal 
 in all respects to the specimen or sample copies furnished with the bids; 
 and it shall be the duty of the State Superintendent of Public Instruction to 
 preserve in his office, as the standard of quality and excellence to be main- 
 tained in such books, registers and records during the continuance of such 
 contract, the specimen or sample copies of all books, registers and records 
 which have been the basis of any contract, together with the original bid 
 and proposal. The contract and exchange price of each book shall be plainly 
 printed on the back of each book, together with the 'following notice: "The 
 price marked hereon is fixed by the State and any deviation therefrom should 
 be reported to the State Superintendent of Public Instruction." (L. 1907 
 P. 685.) 
 
 Sec. 8. (7988-S.) Price Not to Exceed That of Other States. The Com- 
 mission shall not, in any case, contract with any publisher of any book or 
 books, registers and records, or any person, firm or corporation submitting 
 bids for furnishing charts, maps, globes or other school apparatus to be 
 used in the common schools of the state, at a price in excess of the lowest 
 price at which such publishers or bidders furnishes and distributes the same 
 book or books, registers, records, or school apparatus under contract with 
 any other State, county or school district in the United States, under like 
 conditions of distribution. (L. 1907-8, P. 686.) 
 
 Sec. 9. (7990-S.) Bidders' Sworn Statement of General Price. The pub- 
 lishers or bidders shall file with each proposal a sworn statement of the 
 lowest price at which each book, chart, map, globe, or other apparatus 
 offered is sold anywhere in the United States, under like conditions of dis- 
 tribution. Said publishers or bidders must further agree to reduce the price 
 of any book or apparatus adopted by the Commission if reductions are made 
 below such contract price anywhere in the United States, so that at no time 
 may any book or apparatus be sold in Oklahoma at a higher price than is 
 received for the same book, register, record or apparatus elsewhere in the 
 
 16 
 
United States where like conditions of distribution prevail. (L. 1907-8, P. 686.) 
 
 Sec. 10. (7991 S.) Procuring Change of Series Misdemeanor. Any 
 publisher, person, firm or corporation submitting bids, or agent of such pub- 
 lisher, person, firm or corporation, who shall connive at or seek to procure 
 a change of the series of text books, registers, records or any school ap- 
 paratus by the Commission before the expiration of the period in which a 
 uniform system of text books is established in this State shall be guilty of 
 a misdemeanor, and, upon conviction, shall be fined not less than twenty- 
 five dollars and not more than one hundred dollars for each offense. (L. 
 1907-8, P. 686.) 
 
 Sec. 11. (7992-S.) Unlawful to Purchase Supplies When. It shall be 
 unlawful for any teacher, trustees or school board of any common school 
 in this State to purchase or contract for any chart, map, globe or other 
 school apparatus, unless the same shall have been submitted to the Text 
 Book Commission of the State at a regular or special session, and by them 
 approved and a maximum price thereof fixed by said Commission. (L. 
 1907-8, P. 687.) 
 
 Sec. 12. (7993-S.) Unlawful to Sell What. Any person who shall sell 
 to any teacher, trustee or school board of any common school of this State, 
 any chart, map, globe, or other school apparatus which has not been ap- 
 proved by the text book .commission of this State, and any person who shall 
 request or endeavor to persuade any such teacher, trustee or school board, 
 or any member thereof, to purchase any chart, map, globe or other school 
 apparatus, the sale of which is hereby prohibited, shall be deemed guilty 
 of a misdemeanor and liable to a fine of not less than fifty nor more than 
 two hundred dollars. (L. 1907-8, P. 687.) 
 
 Sec. 13. (7994-S.) Requisites of Contract. It shall be a part of the terms 
 and ^conditions of every contract made in pursuance of this act that the 
 State of Oklahoma shall not be liable to any contractor thereunder for any 
 sum whatever, but all such contracts shall receive compensation solely and 
 exclusively from the proceeds of the sales of school books as provided in 
 this act, and it is hereby provided that the State shall have the right to 
 terminate said contract whenever the law is repealed or amended, altered 
 or qualified as to make necessary or expedient that such contract should be 
 revoked, or as to such book or books, registers and records as may be pub- 
 lished by or at the cost of the State: Provided, Further, That the commis- 
 sion shall have the power by a majority vote, to discontinue the use of un- 
 satisfactory books, registers and records at the end of any school year dur- 
 ing the continuance of this contract and to make another adoption, and all 
 contracts shall contain a stipulation to that effect. The State may, at its elec- 
 tion, cancel any contract entered into by virtue of the provisions of this 
 act, for fraud or collusion upon the part of either party to the contract or 
 any member of the commission or any person, firm, corporation or their 
 agents making said bond or contract, and for the 'cancellation of any such 
 contract, the Attorney General is hereby authorized to bring suit in any 
 court of competent jurisdiction in the State, and in case of the cancellation 
 of any contract as provided in this act, the damages are fixed at not less 
 than the amount of said bond, to be recovered as liquidated damages in the 
 same suit cancelling such said contract. And on account of the difficulty in 
 determining the damage that might accrue by reason of such fraud and can- 
 cellation of such contract, the full amount of the bond given by any con- 
 tractor shall be considered as liquidated damages, to be recovered out of 
 said bond by the State at the suit of the Attorney General and every con- 
 tract shall contain a clause to this effect. (L. 1907-8, P. 687.) 
 
 Sec. 14. (7995-S.) Commission May Reject All Bids. The Text Book 
 Commission shall have and reserve the right to reject any and all bids or 
 
 17 
 
proposals, if said Commission be of the opinion that any or all bids should, 
 for any reason, be rejected; and in case they fail, from among the bids or 
 proposals submitted, to select any book or books, registers, records and 
 apparatus upon any of the branches of study provided for in this act, they 
 may advertise for sealed bids or proposals under the same terms and condi- 
 tions as before, and proceed in their investigation in all respects as they did 
 in the first instance, and as required by the terms and provisions of this 
 act. (L. 1907-8, P. 688.) 
 
 Sec, 15. 7996-S.) Distribution of Books and Supplies. The party or 
 parties with whom the contract shall be made shall place their books, reg- 
 isters, records and school apparatus on sale at as many places in each county 
 of the State as the Commission 'may direct for the distribution of the books 
 to the patrons, and the .contractor shall be permitted to make arrangements 
 with the merchants or other persons for the handling and distribution of 
 the books. All books shall be sold to the consumer at the retail price fixed 
 by the Commission. Upon the failure of any contractor under the provisions 
 of this act to furnish the books, registers, records or apparatus as provided 
 in this contract, the County Superintendent of Public Instruction of such 
 county shall immediately report the fact to the Attorney General and he 
 shall bring suit on account of such failure, in the name of the State of 
 Oklahoma, in any court of competent jurisdiction in the State, and shall 
 recover on the bond given by such contractor for the full value of the books, 
 registers, records, and apparatus not furnished as required, and in addition 
 thereto the sum of one hundred dollars, and the amounts so recovered shall 
 be placed to the credit of the available school fund of the State. (L. 1907-8, 
 P. 688.) 
 
 Sec'. 16. (7997-S.) Proclamation by Governor. As soon as the State 
 shall have entered into the contract for furnishing the books and apparatus 
 for use in the common schools of the State, under the provisions of this Act. 
 it shall be the duty of the Governor to issue his proclamation of such fact 
 to the people of the State and, immediately thereafter, the State Superin- 
 tendent of Public Instruction shall address a circular letter to the County 
 Superintendents, trustees and school boards of the various schools of the 
 State, which circular letter shall icontain a list of the books, registers, records 
 ard apparatus adopted, with their respective prices, together with such other 
 information as he may deem advisable. (L. 1907-8 P. 689.) 
 
 Sec. 17. (7998-S.) Receiving More Than Contract Price Misdemeanor. 
 If any local agent, dealer, iclerk or other person handling or selling the books, 
 registers, records, maps, charts or other apparatus adopted under this act, 
 shall demand or receive for a copy of any of the books, registers, records 
 or for any chart, map, globe or other apparatus adopted under this act more 
 than the contract price, he shall be guilty of a misdemeanor and, upon con- 
 viction, shall, for each offense, be punished by a fine of not less than fifty 
 dollars nor more than five hundred dollars. (L. 1907-8, P. 689.) 
 
 Sec. 18. (7998-S.) Trustees of School Meeting Supplies Considered. 
 The trustees and school boards of the various schools of the State using 
 books, registers, records and apparatus adopted by the Commission shall 
 hold annual meetings and make an estimate of the number of school text 
 books, registers, records and apparatus needed in said school for the term 
 commencing therein^ and a report thereof shall be made to the countv 
 superintendent of public instruction in said county immediately, and not 
 later than the first day of August next thereafter, and the tenth of August 
 of each year, and oftener, if the necessity of a school requires it, make out 
 his requisition from the report so received and from any other sour.ce, and 
 send it to the State Superintendent, when such books are printed by the 
 State or the school book publisher or publishers having contracts under 
 
 18 
 
the provisions of this act, stating therein the number of books, registers, 
 records and apparatus of each kind needed for the schools of his county. 
 (L. 1907-8, P. 689.) 
 
 Sec. 19. (8000-S.) Those Adopted to be Used Exclusively. The books 
 and apparatus adopted by the Commission under the provisions of this act, 
 shall be "introduced and used as text books, registers, records and appar- 
 atus to the exclusion of all others, in the common schools of this State, as 
 hereinbefore provided, but nothing in this act shall be construed to prevent 
 or prohibit the patrons of the common schools in the State from procuring 
 books, registers, records and apparatus in the usual way in the event that the 
 State does not publish such books, registers, records, or manufacture such 
 apparatus in the event that no contracts are made, or in the event that the 
 contractor or icontractors fail or refuse to furnish the books, registers, 
 records or apparatus provided fgr in this act, at the time that said books 
 or apparatus are required for use in the schools. (L. 1907-8, P. 690.) 
 
 Sec. 20. (8001-S.) Preventing Use of Penalty. Any school trustee who 
 shall prevent or aid in preventing the use, in any common school in this 
 State, of the books, registers, records and apparatus, or any of them, as 
 adopted under the provisions of this act, or any teacher in this State who 
 shall wilfully fail or refuse to use the books, registers, records and appar- 
 atus adopted under the provisions of this act, shall be guilty of a misde- 
 meanor, and, upon conviction, shall be fined in any sum not less than 
 twenty-five dollars nor more than fifty dollars for each offense, and each 
 day of such willful failure or refusal of said teachers, or willful prevention 
 of the use of the books, registers, records or apparatus by said school trustee, 
 shall constitute a separate offense. (L. 1907-S, P. 690.) 
 
 Sec. 21. (8002-S.) Commission May Make Regulations. The Commission 
 may, from time to time, make any necessary regulations, not contrary to 
 the provisions of this act, to secure the prompt distribution of the books, 
 registers, records and apparatus herein provided for, and for the prompt 
 and faithful execution of all .contracts; and it is now expressly provided for 
 that said Commission shall maintain its organization during the continuance 
 of the contracts to be entered into during the year Nineteen Hundred Eight 
 and after the expiration of same, to reorganize the Commission for a period 
 of five years, as in the first instance, and enter into such other contracts in 
 pursuance of this act as they may deem for the best interests of the patrons 
 of the common schools of the State: Provided, That said Commission shall 
 be discontinued at such time when the efficiency for the publication of such 
 books, registers and records provided for in this act, by the .State, makes the 
 continuance of said Commission unnecessary. (L. 1907-8, P. 690.) 
 
 Sec. 22. (8003-S.) In case of Combination on Prices. If when the pro- 
 posals to furnish text books are submitted to the text book board it shall 
 appear that publishers have combined upon prices and that the proposals are 
 unreasonable said board is hereby empowered, with the approval of the State 
 Board of Education, to do any and all acts that may be necessary for the 
 purpose of procuring a meritorious uniform system of text books, registers, 
 and records for use in the common schools of Olahoma. They may, with 
 the approval of the State Board of Education, offer prizes for manuscripts 
 of books or employ suitable persons to prepare or compile the same and 
 contract with printing .concerns for publication, purchase, or hire plates, 
 maps, and engravings of copyright matter; contract for or lease copyrights 
 for the purpose of being used in compiling and printing such books, provide 
 for the payment of royalties or for the leasing of plates ifor printing of the 
 whole or any part of said books: Provided, That the entire cost of any 
 book or books so furnished shall not exceed the price of any standard book 
 
 19 
 
or books of like character which was proposed to be furnished by publishers. 
 (L. 1907-8, P. 691.) 
 
 Sec. 23. (8004-S.) Commission to File Statement. An itemized state- 
 ment of all necessary expenses of the Commission, together with a sworn 
 itemized statement of the necessary expenses of the individual members of 
 the Commission shall be filed with the Secretary of State, and the members 
 thereof shall be allowed to receive as their only compensation for their 
 services the sum of six dollars per day while on duty and their actual travel- 
 ing expenses going to and returning from the place of meeting, to be paid 
 by the State Treasurer; under the direction and approval of the Governor: 
 Provided, That no per diem shall be allowed to any member of the Commis- 
 sion who shall, at the time of service thereof, be receiving a stated salary 
 from the State: Provided, Further, That the members of said Commission 
 shall not draw pay during the year Nineteen Hundred Eight for more than 
 thirty days, nor more than ten days for any following year. (L. 1907-8, P. 691.) 
 
 Sec. 24. (8005-S.) Shall Not Receive Favors. It shall be unlawful for 
 any member of the text book commission to accept as a gift, or at a reduced 
 price, any books, registers, records, or school apparatus or anything of value 
 from any person, firm, or corporation, interested, directly or indirectly, in 
 any bid filed with said Commission in the adoption of any book, register, 
 record, or apparatus by said Commission, and any person violating this sec- 
 tion of this act, shall be punished by a fine of not less than one hundred 
 dollars nor more than five 'hundred dollars and by imprisonment in the 
 county jail not less than thirty days. (L. 1907-8, P. 692.) 
 
 Sec. 25. (8006-S.) Construction "Common Schools." The words "com- 
 mon schools," as used in this act shall be construed to mean all the schools 
 of this State receiving aid from the State out of the common school fund. 
 (L. 1907-8, P. 692.) 
 
 Sec. 26. (8007-8.) Foreign Contractor. Agent for Service. Any non- 
 resident person or firm or foreign corporation with whom a contract has been 
 entered into under the provisions of this act, shall designate the Secretary 
 of the State of Oklahoma as its or their agent on whom citation and other 
 writs and processes may be served in the event that any suit shall be brought 
 against such person, firm or corporation. (L. 1907-8, P. 692.) 
 
 Sec. 27. (8008-S.) Combination Prohibited. If any individual, firm, 
 partnership, corporation, or' any association of persons whatsoever of any 
 nature or 'character shall create, enter into or become a member of any pool, 
 trust, agreement, confederation, combination or understanding, permanent 
 or temporary, with any other individual, firm, partnership, corporation or as- 
 sociation of persons whatsoever of any character or nature whatsoever to 
 regulate or fix the price of or prevent or restrict competition in the sale or 
 offering for sale or in any of the branches of the business of selling and 
 furnishing any school books, desks, seats, charts, school furniture, fixtures, 
 apparatus, or supplies, he or they shall be deemed guilty of a misdemeanor 
 and upon conviction thereof shall be fined in a sum not less than three hun- 
 dred dollars and not more than one thousand dollars. (L. 1905, P. 374.) 
 
 20 
 
ARTICLE V. 
 Cities of the First Class. 
 
 SECTION 
 
 1. Separate District. 
 
 2. Adjacent Territory Attached. 
 
 3. Body Corporate. 
 
 4. Conveyance of Property. 
 
 5. How Executed. 
 
 6. Board of Education Term, etc. 
 
 7. Vacancies How Filled. 
 
 8. Powers of Board. 
 
 9. Organize When. 
 
 10. Duty of President. 
 
 11. Vice President. 
 
 12. Clerk. 
 
 13. Treasurer. 
 
 14. Superintendent of City Schools. 
 
 15. Boards to Make Levies. 
 
 16. What Property Taxable. 
 
 17. Board Shall Meet When. 
 
 18. Make Annual Reports. 
 
 19. Expenses. 
 
 SECTION 
 
 20. Non-Sectarian Instruction. 
 
 21. May Issue Bonds When. 
 
 22. Election Duty of Mayor. 
 
 23. Vote Required. 
 
 24. Bonds Form. 
 
 25. Bonds How Signed. 
 
 26. Certain Bonds Validated. 
 
 27. Same. 
 
 28. Same Tax Levies Validated. 
 
 29. Board Shall Invest Money. 
 
 30. Interest. 
 
 31. Property Pledged for What. 
 
 32. All Warrants Shall be Registered. 
 
 33. The Oath Required. 
 
 34. Enumeration of Children. 
 
 35. Boards of Education may Issue Bonds 
 
 Transfer of Property. 
 
 36. Limit of Indebtedness. 
 
 37. Electors in School Elections. 
 
 38. Separate Ballots. 
 
 Sec. 1. (8009-S.) Separate District. Each city of the first class shall be 
 governed by the provisions of this article and shall constitute a separate 
 school district. (S. 1893. S. 5831.) 
 
 Sec. 2. (801 0-S.) Adjacent Territory Attached. Territory outside the 
 limits of any city, town, or village for school purposes upon application to the 
 Board of Education of such city by a majority of the electors of such adja- 
 cent territory, and upon such application being made to the Board of Educa- 
 tion they shall, if they deem it proper and to the best interests of the school 
 of said city, and the territory seeking to be attached, issue an order attach- 
 ing such territory to such city for school purposes, and to enter the same 
 upon their journal; and such territory shall from the date of such order, be 
 and compose a part of such city for school purposes only, and the taxable 
 property of such adjacent territory shall be subject to taxation and shall 
 bear its lull proportion of all expenses incurred in the creation of school 
 buildings and in maintaining the schools of such city, whenever the terri- 
 tory so attached shall have a population equal to that of any one ward of 
 such city, or whenever the taxable property of such attached territory shall 
 equal that of any one ward of such city, such attached territory shall be 
 entitled to elect two members' of the Board of Education who shall be elected 
 at the same time that other members of the board are elected by the qualified 
 electors of such territory, at an election to be held at such place as the Board 
 of Education may designate, provided, however, that when a school district 
 which has been regularly laid out, formed and organized, includes therein 
 an incorporated town which has become a regularly and legally organized 
 city of the first class, the territory lying outside of the city limits which has 
 been included in and was a part of said school district at the time said 
 town became a city of the first class and has been treated as a part of the 
 city school district, shall continue to be a part of said school district and 
 shall be governed by the provisions of this article; and provided further, that 
 in all cases where any town has heretofore been organized as and declared 
 to be a city of the first class, the territory lying outside of the city limits 
 and which was a part of the school district including said town, at the time 
 of the change from a town to a city of the first class and has since been 
 treated as a part of the city school district under the management and con- 
 
 21 
 
trol of the Board of Education of the city, is hereby declared to be a part of 
 the said city school district; and all acts of the Board of Education of said 
 city school district including said adjoining territory, all electons held there- 
 in for the purpose of authorizing the issuance of bonds or for any other legal 
 purpose, and all levies of taxes made by said Board of Education against the 
 taxable property therein are hereby legalized and declared to be legal and 
 binding. (L. 1909, P. 555-6, H. B. 372.) (Effective March 20, 1909.) 
 
 Sec. 3. (801 1-S.) Body Corporate. The public schools of each city organ- 
 ized in pursuance of this act shall be a body corporate and shall possess the 
 usual power of a corporation for public purposes, by the name and style of 
 
 "The Board of Education of the City , of the State of Oklahoma," 
 
 and in that name may sue or be sued and be capable of contracting or being 
 contracted with, of holding and conveying such personal and real estate as 
 it may come into possession of, by will or otherwise, or as is authorized to be 
 purchased by the provisions of this act. (S. 1893, S. 5833.) 
 
 Sec. 4. (801 2-S.) Conveyance of Property. Any city of the first class is 
 hereby authorized and required, upon the request of the Board of Education 
 of such city to convey to such Board of Education all property within the 
 limits of any such city heretofore purchased by any such city for school 
 purposes, and now held and used for such purposes, the title to which is 
 vested in any such city. (S. 1893, S. 5834.) 
 
 Sec. 5. (801 3-S.) How Executed. All conveyances (of) for the property 
 mentioned in the preceding section shall be signed by the mayor and attested 
 by the clerk of said city, and shall have the seal of the city affixed thereto 
 and be acknowledged by the mayor of such city in the same manner as other 
 conveyances of real estate. (S. 1893, S. 5835.) 
 
 Sec. 6. (801 4-S.) Board of Education Term, etc. A separate ballot for 
 school purposes shall be provided by the city clerk and ballots for school of- 
 ficers deposited therein; it shall be the duty of the city clerk to prepare suit- 
 able places for holding such elections. At each annual city election there 
 shall be a board of education, consisting of one member from each ward, 
 elected by the qualified voters thereof, who shall hold his office for a term of 
 two years and until his successor is elected and qualified: Provided, That 
 no member of the board of education shall be a member of the council, nor 
 shall any member of the council be a member of the Board of Education: 
 Provided, That the officers and members of Boards of Education in cities of 
 the first class shall hold their offices for the full term to which they were 
 elected. (S. 1893, S. 5836.) 
 
 Sec.. 7. (8015-S.) Vacancies How Filled. The board of education shall 
 have power to fill any vacancy which may occur in their body: Provided, 
 That any vacancy occurring more than ten days previous to the annual 
 election, and having an unexpired term of one year, shall be filled at the 
 first annual election thereafter; and the ballots and returns of elections 
 shall be as follows: "To fill unexpired term." (S. 1893, S. 5837.) 
 
 Sec. 8. (801 6-S.) Powers of Board. The board of education shall have 
 power to elect their own officers, except the treasurer; to make their own 
 rules and regulations, subject to the provisions of this article; to organize 
 and maintain a system of graded schools; to establish a high school when- 
 ever, in their opinion, the educational interests of the city demand the same; 
 and to exercise the sole control over the schools and school property of 
 the city. (S. 1893, S. 5838.) 
 
 Sec. 9. (801 7-S.) Organize When. The board of education at its regu- 
 lar meeting in May of each year, shall organize by the election of a presi- 
 dent and vice president from among its own members, each of whom shall 
 serve for the term of one year, or until their successors are elected and 
 
qualified; they shall also elect a clerk, who shall hold his office during 
 the pleasure of the board, and who shall receive such compensation for 
 his services as the board may allow. (S. 1893, S. 5839.) 
 
 Sec. 10. (801 8-S.) Duty of President. It shall be the duty of the presi- 
 dent to preside at meetings of the board of education; to appoint all com- 
 mittees whose appointment is not otherwise provided for, and to sign all 
 warrants ordered by the board of education to be drawn upon the treasurer 
 for school money. (S. 1893, S. 5840.) 
 
 Sec. 11. (801 9-S.) Vice President. It shall be the duty of the vice pres- 
 ident to perform all the duties of the president in case of his absence or 
 disability. (S. 1893, S. 5841.) 
 
 Sec. 12. (8020-S.) Duty of Clerk. It shall be the duty of the clerk to 
 be present at all meetings of the board; to keep an accurate journal of its 
 proceedings; to take charge of its books and documents; to countersign 
 all warrants for school moneys drawn upon the treasurer by order of the 
 board of education; and perform such other duties as the board of educa- 
 tion or its committees may require; and, before entering upon the dis- 
 charge of his duties the clerk of the board of education shall give bond in 
 the sum of one thousand dollars, with good and sufficient sureties to be ap- 
 proved by the board, conditioned for the faithful performance of the duties 
 of his office. (S. 1893, S. 5842.) 
 
 Sec. 13. (8021-S.) Treasurer to Make Monthly Report. The treasurer 
 shall prepare and submit in writing a monthly report of the state of the 
 finances of the district, and shall, when required, produce at any meeting 
 of the board, or to any committee appointed for the purpose of examining 
 his accounts, all books and papers pertaining to his office. Upon failure 
 to make reports, as required by law or to obev the orders of the board of 
 education, the board may, at any meeting of the board, summarily suspend 
 said treasurer from acting as treasurer until restored by order of the board, 
 or of a judgment of a court of competent jurisdiction, and while so sus- 
 pended no act of his as such treasurer shall be legal or binding upon the 
 board. The board may immediately appoint some suitable person to act 
 as treasurer during the suspension, upon said appointee giving bond and 
 taking oath of office, as is required by law, of the regular treasurer; and 
 upon demand the treasurer must immediately turn over to the acting 
 treasurer all books and papers and other property pertaining to his of- 
 fice. He shall pay moneys only upon warrants signed bv the president or 
 in his absence by the vice president and countersigned by the clerk: and 
 shall execute a bond in such sum as the board may require, with sufficient 
 securities to be approved by the board, conditional for the faithful dis- 
 charge of his dtities as treasurer of such board. 1 (1905, p. 385.) 
 
 Sec. 14. (8022-S.) Superintendent of the City Schools. The board of edu- 
 cation, at such time as they shall deem expedient, shall elect a superin- 
 tendent of schools, in no case a member of their own body, whose duty it 
 shall be to have a general supervision of the schools of the city, subject 
 to the rules and regulations of the board, who shall hold his office during 
 the pleasure of the board, and shall receive such compensation as that 
 body may allow. The board shall also appoint two competent persons, who. 
 with the superintendent as chairman thereof, shall be styled the examining 
 committee of the board of education, whose duty it shall be to examine all 
 persons who may apply to them as teachers; and no person, except one 
 who holds a diploma, or a certificate, from the board of education shall 
 be elected by the board as teacher who cannot produce a certificate from 
 the examining committee signed by all or a majority in such department 
 of the public schools as may be stated in the certificate and is a person 
 of good moral character, and the board may fill any vacancy which may 
 occur in the examining committee. (S. 1893, S. 5844.) 
 
 23 
 
Sec. 15. (8023-8.) Boards to Make Levies. (As amended 1905.) That 
 the board of education of a city of the first class shall, on or before the 15th 
 day of June of each year, levy a tax for the support of schools of cities of 
 the first class for the fiscal year next ensuing, not exceeding in any one 
 year twenty mills on the dollar on all taxable property within the school 
 district which is taxable according to the laws of Oklahoma. That such 
 levy shall be certified by the clerk of the board of education to the county 
 clerk, who is hereby authorized and required to place the same on the tax 
 roll of said county, to be collected by the treasurer of the county as are 
 other taxes, and paid over by him. That the tax so levied shall be a sep- 
 arate, distinct and specific fund for the support of schools for the fiscal 
 year for which such tax is levied. That all debts, contracts and obliga- 
 tions made or entered into by the board of education in excess of eighty 
 per cent of tax so levied, shall be illegal and shall not be charged against 
 the school district. (S. 1905, p. 371.) (Amended and partly repealed by H. 
 B. 14, Spl. L. 1910.) 
 
 Sec. 16. (8024-S. What Property Taxable. -The "taxable property of the 
 whole city, including the territory attached for school purposes shall be 
 subject to taxation. All taxes collected for the benefit of the school shall 
 be placed in the hands of the treasurer, subject to the order of the board 
 of education. (L. 1905, p. 242.) 
 
 Sec. 17. (8025-S.) Board Shall Meet When. The regular meetings or 
 the board of education shall be upon the first Monday of each month, bnt 
 special meetings may be held from time to time, as circumstances may 
 demand. (S. 1893, S. 5847.) 
 
 Sec. 18. (8026-S.) Make Annual Report. The board of education, at the 
 close of each school year or as soon as practicable, shall make an annual 
 report of all progress, prosperity and condition, financial as well as edu- 
 cational, of all the schools under their charge; and said report or such 
 portion of it as the board of education shall consider of advantage to the 
 public, shall be printed, either in a public newspaper or in pamphlet form. 
 (S. 1893, S. 5848.) 
 
 Sec. 19. Expenses. No expenditures involving an amount greater than 
 two hundred dollars shall be made except in accordance with the provi- 
 sions of a written contract, and no contract involving an expenditure of 
 more than five hundred dollars for the purpose of erecting any public build- 
 ings or making any improvements shall be made except upon sealed pro- 
 posals and to the lowest responsible bidder. (S. 1893, S. 5849.) 
 
 Sec. 20. (8028-S.) Non-Sectarian Instruction. No sectarian doctrine 
 shall be taught or inculcated in any of the public schools of the city; but 
 the Holy Scriptures, without note or comment may be used therein at the 
 discretion of each teacher. (S. 1893, S. 5850.) 
 
 Sec. 21. (8029) May Issue Bond When. Whenever it shall become nec- 
 essary for the board of education of any school district, in which is^ in- 
 cluded in whole or in part a city of the first class, in order to raise 
 sufficient funds for the purchase of a school site or sites or to erect or 
 purchase and equip a suitable school building or buildings, or both, it shall 
 be lawful for such board of education of such city to borrow money for 
 which they are hereby authorized and empowered to issue bonds, bearing 
 a rate of interest not exceeding five per icentum (5%) per annum, payable 
 semi-annually, at such place as may be shown on the face of said bonds; 
 which bonds shall be payable in not more than twenty-five years, from 
 their date; and the board of education is hereby authorized and empower- 
 ed to sell such bonds at not less than their par value; provided, that be- 
 fore any bond shall be issued, the mayor of the city, composing in whole 
 
 24 
 
or in part such school district, shall cause an election to be held in such 
 district, as hereinafter provided. (L. 1909, H. B. 65. Took effect March 
 26, 1909.) 
 
 Sec. 22. (8030-S.) Election Duty of Mayor. It shall be the duty of the 
 mayor of each city, governed by this act, upon the request of the board of 
 education, forthwith to call an election to be conducted in all respects as 
 are special elections for city officers in the same city, except that the re- 
 turns shall be made to the board of education for the purpose of taking 
 the sense of such district upon the question of issuing such bonds, naming 
 in the proclamation of such election, the amount of the bonds to be voted 
 on and the purpose for which they are to be issued; and he shall cause 
 to be published in a newspaper of general circulation published in the said 
 district, the time and place of such election, such notice to be given at 
 least 10 days before such election. (L. 1909, H. B. 65. Took effect March 
 26, 1909.) 
 
 Sec. 23. (8031-S.) Vote Required. On the question of issuance of said 
 bonds, no person shall be qualified to vote unless he be in all respects a 
 qualified elector in such district. In case three-fifths of the voters thereof 
 voting at such city election shall vote affirmatively for the issuance of said 
 bonds, then the said board shall issue the same, and not otherwise. (L. 
 1909, H. B. 65. Took effect March 26. 1909.) 
 
 Sec 24. (8032-S.) Bonds Form. The said bonds shall contain all neces- 
 sary provisions as to form and such school district shall before or at the 
 same time of the issuance of the same provide for the collection* of an annual 
 tax, sufficient to pay the interest on such indebtedness as it falls due; and 
 also to institute a sinking fund for the payment of the principal thereof 
 within the time for which the said bonds are to run; Provided, that no 
 indebtedness shall ever be incurred to an amount including this indebted- 
 ness exceeding in the aggregate of five per centum of the valuation of the 
 taxable property of such district, to be ascertained from the last assess- 
 ment for state and county purposes, previous to the incurring of such in- 
 debtedness. (L. 1909, H. B. 65. Took effect March 26, 1909.) 
 
 Sec. 25. (8033-S.) Bonds How Signed. The bonds, the issuance of 
 which is provided in the above sections, shall be signed by the president, 
 attested by the clerk and countersigned by the treasurer of the board of 
 education and shall have indorsed theron, a certificate signed by the county 
 clerk or other officer authorized by law to sign such certificate and the 
 county attorney of the county wherein such district is located, stating that 
 said bonds or evidence of debt is issued pursuant to law and that said 
 issue is within the debt limit and provided, that each of the said bonds 
 shall be for a sum of not less than one hundred dollars ($100.00.) (L. 1909, 
 H. B. Took effect March 26, 1909.) 
 
 Note. The Act in which the four foregoing Sections appear, repeals 
 (Sec. 5.) an "Act of Congress, entitled, an Act to amend an act to pro- 
 hibit the passage of special or local laws in the territory, to limit the ter- 
 ritorial indebtedness and for other purposes,' approved April 28, 1904, 
 Chapter 1817, 33rd Statutes at Large, 565, in so far as the same is applicable 
 to Oklahoma, and all acts and parts of acts in conflict herewith." 
 
 Sec* 26. (8034-S.) Certain Bonds Validated Proviso. In any 
 case where at an election heretofore held in any city school district of a 
 city of the first class in the State of Oklahoma at least three-fifths of the 
 qualified voters of said city school district have voted in favor of the is- 
 suance of the bonds of the board of education of said city for the purpose 
 of purchasing a site or sites and erecting a building or buildings thereon 
 or of purchasing a building or buildings and equipping the same for school 
 purposes in and for said school district, or for any one or more, or all of 
 
 25 
 
said purposes, whether jointly or severally stated or submitted, then in 
 every such case all bonds of any such board of education which have been 
 so voted and issued or which have been so voted and shall hereafter be is- 
 sued in pursuance of said election are hereby declared to be lawfully is- 
 rued f\nrl the legal, valid and binding obligations of said board of educa- 
 tion; Provided, however, that said bonds do not in the aggregate, togetht. 
 with all existing indebtedness of said board of education or said city school 
 district, exceed five per centum of the valuation of the taxable property in 
 said city school district and school corporation, as shown by the last as- 
 sessment for state and county purposes previous to the issuance of such 
 bonds. (L. 1909, H. B. 65. Took e'ffect March 26, 1909.) 
 
 Sec. 27. (8035-S.) Same. All bond elections mentioned in Sec. I. (8034) 
 of this article which have been fairly conducted are hereby declared valid 
 and fully legalized, notwithstanding any irregularities in the conduct of the 
 same, or in the forms of the ballots thereat. (L. 1909, H. B. Took effect 
 March 26, 1909.) 
 
 Sec. 27. (8036-S.) Same. Tax Levies Validated. All tax levies here- 
 tofore made or provided for in order to raise the necessary funds to meet 
 the interest on the bonds mentioned in Sec. 1 (8034) of this article as it 
 falls due, and also to constitute a sinking fund for the payment of the 
 principal thereof within twenty-five years from the date of said bonds, be 
 and the same are hereby legalized, validated and .confirmed. (L. 1909, H. 
 B. Took effect March 26, 1909.) 
 
 Sec. 28. (8037-S.) Board Shall Invest Money. All moneys raised for the 
 purpose .of creating a sinking fund for the final redemption of all bonds 
 issued under this article shall be invested annually by the board of edu- 
 cation in bonds of the State of Oklahoma or of the United States or the 
 board may buy and cancel the bonds of the district whenever such may 
 be purchased at or below par. (S. 1893, S. 5855.) 
 
 Sec. 29. (8038-S.) Interest. Whenever the interest coupons of the bonds 
 hereinbefore authorized shall become due, they shall be promptly paid, on 
 presentation, by the treasurer out of the money in his hands collected for 
 that purpose, and he shall endorse upon the face of such coupons in red 
 ink the word "Paid" and the date of the payment, and sign the initials of 
 his name. (S. 1893, S. 5856.) 
 
 Sec. 30. (8033-S.) Property Pledge for What. The school fund and 
 property of such city and state attached for school purposes is hereby 
 pledge to the payment of tiie interest and principal of the bonds mentioned 
 in this article, as the same may become due. (S. 1893, S. 5857.) 
 
 Sec. 31. (8040-S.) All Warrants Shall be Registered. It shall be the duty 
 of the clerk of the board of education to register in a book provided for 
 that purpose -the bonds issued under this article, and all warrants issued 
 by the board, which said register shall show the number, date and amount 
 of said bonds and to whom made payable. (S. 1893, S. 5858.) 
 
 Sec. 32. (8041-S.) The Oath Required. Each member of the board of 
 education and officer provided for. in this article shall take and subscribe 
 an oath or affirmation to support the constitution of the United States, the 
 constitution of the State of Oklahoma, and faithfully perform the duties 
 of his office. The oath and bond of the clerk shall be filed with the 
 treasurer, all other oaths and bonds shall be filed with the clerk. (S. 1893, 
 S. 5859.) 
 
Sec. 33. (8042-S.) Enumeration of Children. That the board of education 
 shall provide for an enumeration of the (Children of school age between the 
 first and fifteenth day of January of each year and forward the same lo 
 the county clerk of the county who shall file and use such enumeration as 
 required by law in the case of other districts. (S. 1893, S. 5860.) 
 
 Sec. 34. (8043-S.) Boards of Education May Issue Bonds. The board of 
 education of any city or any school district containing within the boundaries 
 thereof any city or incorporated town which has heretofore become in- 
 debted by issuing bonds for the purpose of building and furnishing school 
 houses, or purchasing sites therefor, may issue bonds and borrow money 
 thereon and reimburse from the proceeds thereof said city. Said bonds 
 shall be authorized in the manner and under the procedure and of the .con- 
 ditions and terms as is now authorized by law. 
 
 Provided, Whenever any board of education or any school district 
 shall have reimbursed any city or town as aforesaid, the proper officers 
 thereof shall immediately convey, by good and sufficient deed, all the title 
 and interest of said city or town in and to said school property, the effect 
 of which shall be to immediately divest said city or town of any right in 
 or to said property, and to vest the same absolutely in said board of edu- 
 cation or said school district. (L. 1907-8, p. 673.) 
 
 Sec. 35. (8044-S.) Limit of Indebtedness. It shall be lawful for the 
 board of education of any city or any school district to become indebted for 
 the purposes set out in Sec. 1 of this Act (8043), or for any other purpose 
 as now provided by law, in a sum not in excess of five (5) per centum of 
 the assessed valuation of the taxable property within the boundaries there- 
 of as shown by the last preceding assessment taken for the purpose of 
 taxation. (L. 1907-8, p. 673.) 
 
 Sec. 36. (8045-S.) Electors in School Elections. That all elecMons here- 
 after held in cities of the first class in this State for the election of mem- 
 bers of the board of education, treasurer of the board of education and all 
 elective school officers, the following persons shall be qualified and en- 
 titled to vote as such election and for the class of officers above named, 
 to-wit: All persons, male and female, over the pge of twenty-one years, who 
 possess the other qualifications prescribed by the organic act (constitution) 
 and general election laws of the State of Oklahoma. (L. 1905, p. 126.) 
 
 Sec. 37. (8046-S.) Separate Ballots. At all such elections a separate 
 ballot for the class of officers designated in Sec. 1 (8045) shall be pro- 
 vided and a separate ballot box provided for the reception of such ballots, 
 but the votes shall be received at the regular polling place or places and 
 be under the supervision of the same election board as the ballots cast for 
 other elective officers at said election. (L. 1905, p. 126.) 
 
 S. B. NO. 24, SESSION LAWS 1910 SPECIAL SESSION. 
 AN ACT 
 
 To Amend Section 5836, Article, 7 Chapter 73, of the Statutes of Okla- 
 homa, 1903, Relating to Schools in Cities of the First Class. 
 
 Be it Enacted by the People of the State of Oklahoma: 
 Sec. 38. Sec. 5836, Article 7, Chapter 73, of the Statutes of Oklahoma, 
 1903, be and the same is hereby amended to read as follows: 
 
 A separate ballot box for school purposes shall be provided by the 
 city clerk, and ballots for school officers deposited therein. It shall be the 
 duty of the city clerk to prepare suitable places for holding such elections. 
 
 27 
 
At such annual elections there shall be a Board of Education consisting of 
 one member from each ward elected by the qualified voters thereof, who 
 shall hold his office for a term of two years and until his successor is 
 elected and qualified. Provided, that no member of the Board of Education 
 shall be a member of the Council, nor shall any member of the Council be 
 a member of the Board of Education, Provided, further, that the officers 
 and members of the Board of Education in cities of the first class shall 
 hold their offices for the full term to which they were elected; and pro- 
 dded, further, that in cities within the State of Oklahoma, which have 
 heretofore adopted, or may hereafter adopt, a Charter form of Government, 
 such cities shall have the power of fixing the number of members of their 
 Board of Education, and their terms of office, and may, subject to the Con- 
 stitution and general laws of the State, regulate the time and manner of the 
 election of the members of the Board of Education, and their terms of of- 
 fice, within such 'Charter cities, and shall further have power, if there be 
 any territory outside the corporate limits of such city, to attach for voting 
 purpose such territory to an adjoining voting precinct of an adjoining ward 
 of such city. 
 
 Sec. 2. An emergency is hereby declared to exist by reason whereof 
 it is necessary for the immediate preservation of the public peace and safety 
 that this Act take effect from and after its passage and approval. 
 
 Approved March 28, 1910.. 
 
ARTICLE VI. 
 Districts. 
 
 SECTION 
 
 1. Organization. 
 
 2. Body Corporate. 
 
 3. New Districts Formed from One or More 
 
 Districts. 
 
 4. Aggrieved Persons May Appeal. 
 
 5. Annual and Special District Meetings. 
 
 6. Special Meeting for Transacting the 
 
 Business of the Annual Meeting 
 
 7. Notice of District Meetings. 
 
 8. Who may Vote at District Meetings. 
 
 9. Votes Challenged. 
 
 10. Powers of District Meeting. 
 
 11. School Term. 
 
 12. How School House Site may be Changed. 
 
 13. How to Condemn a School House Site. 
 
 14. May Construct Buildings. 
 
 15. Contract. 
 
 SECTION 
 
 16. Rental Contract. 
 
 17. Two or More School Houses. 
 
 18. Locations Legalized. 
 
 19. District May Become Indebted. 
 
 20. District May Issue Bonds. 
 
 21. Bond Elections. 
 
 22. Denomination of Bonds, etc. 
 
 23. Registration of Bonds. 
 
 24. Interest and Sinking Fund. 
 
 25. Penalty for Fraudulent Issue. 
 
 26. Payment and Cancellation Reports. 
 
 27. Superintendent to Apportion Debts. 
 
 28. To Issue Orders on Treasurer. 
 
 29. To Dispose of Property. 
 
 30. Re-locating School Houses Vote Re- 
 
 quired. 
 
 Sec. 1. (8047-S.) Organization. Every school district shall be deemed 
 duly organized when the officers constituting the district board shall have 
 been elected and qualified and shall have signified their acceptance to the 
 county superintendent in writing, which the superintendent shall file in his 
 office. (S. 1893, S. 5764.) 
 
 Sec. 2. (8048-S.) Body Corporate. Every school district organized in 
 pursuance of this act shall be a body corporate, and shall possess the usual 
 powers of a corporation for public purposes by the name and style of School 
 District (such a number as may be designated by the county superinten- 
 dent, county, (the name of the county in which the district is situated), 
 State of Oklahoma, and in that name may sue and be sued, and be capable 
 of contracting and be contracted with, and holding such real and personal 
 estate as it may come into possession of by will or otherwise, or as is au- 
 thorized to be purchased by the provisions of this act. (S. 1893, S. 5765.) 
 
 Sec. 3. (8049-S.) New Districts. When a new district is formed in whole 
 or in part from one or more districts possessing a school house or entitled 
 to other property, the county superintendent, at the time of forming such 
 new district shall equitably determine the proportion of the present value 
 of such school house or other property justly due to said new district. Such 
 proportion when ascertained shall be levied by the district board of the 
 district retaining the school house or other property upon the taxable prop- 
 erty of the district, and shall be collected in the same manner as if the 
 same had been authorized by a vote of the district for building a school 
 house, and when collected shall be paid to the treasurer of the new dis- 
 trict, to be applied towards procuring a school house for such district. 
 (S. 1893, S. 5766.) 
 
 Sec. 4. (8050-S.) Aggrieved Persons May Appeal. (As amended, 1895.) 
 If, in the formation or alteration of, or refusal to form or alter school dis- 
 tricts, any person or persons shall feel aggrieved such person or persons 
 may appeal to the board of county commissioners: Provided, That notice 
 of such appeal shall be served on the county superintendent within ten days 
 of the time of posting the notices of the formation or alteration of such 
 district. Such notice shall be in writing and shall state fully the objections 
 to the actions of the county superintendent, a copy of which shall be filed 
 with the county clerk, and also with the clerk of all districts affected by 
 such alteration: And, Provided, Also, That such appeal shall be heard and 
 decided by the majority of the board of county commissioners at their next 
 
 29 
 
regular meeting, and if such appeal is not sustained by them, the county 
 superintendent shall proceed to appoint the time and place for said first 
 district meeting . which shall then proceed as by law required: Provided, 
 Further, That either party, or any person or persons residing in the school 
 district affected by such formation or alteration, may appeal from the find- 
 ing of the board of county commissioners to the district court of the county, 
 by filing with the county clerk, within ten days from the action of the board 
 of county commissioners, a notice of appeal. The county clerk shall there- 
 upon make a certified transcript of the proceedings had before the county 
 commissioners, and shall, within twenty days from the filing of said notice 
 of appeal, deliver or transmit to the clerk of the district court of his county 
 the said transcript and all of the papers in said case. All further proceed- 
 ings by the county superintendent shall cease and be stayed upon the filing 
 of said notice of appeal with the county ^clerk, and like proceedings shall 
 be had in the district court as are now provided by law for the hearing and 
 trial of appeals from the judgment of a justice of the peace. (L. 1895, p. 
 240.) 
 
 Sec. 5. (8057-S.) Time of Annual Meeting. An annual school meeting 
 of each school district shall be held on the first Tuesday in June of each 
 year, and at such precincts or polling places as the board may designate, 
 beginning at two o'clock p. m.; Provided, However, That for the year nine- 
 teen hundred eight said annual school meeting shall be held on the Fourth 
 Tuesday in July in order that the new assessment under the constitutional 
 provisions may have been completed before the date of the annual school 
 meeting for the said year nineteen hundred eight. 'Notice of the time and 
 place of the annual meeting shall be given by the clerk by posting written 
 or printed notices in five public places in the district prior to said meeting. 
 Special meetings may be called by a majority of the district board, or by a 
 majority of the legal voters of the district; but notice of said special meet- 
 ing, stating the purpose for which it is called, together with the time and 
 place, shall be posted at least ten days before the meeting, in five public 
 places. Prior to said annual meeting the county clerk shall furnish the dis- 
 trict clerk with a certificate of valuation of the property of such district. 
 (L. 1907-8, p. 399.) 
 
 Sec. 6. (8052-S.) Special Meetings. Whenever the time for holding an 
 annual meeting in any district shall pass without said meeting being held, 
 the clerk, or in his absence, any other member of the district board, within 
 twenty days after the time for holding said annual meeting shall have 
 passed, may give notice of a special meeting by putting up written notices 
 thereof in three public places within the district, at least five days previous 
 to the time of meeting; but if such meeting shall not be advertised within 
 twenty days as aforesaid the county superintendent may give notice of such 
 meeting in the manner provided for forming a new district, and the officers 
 chosen at such special meeting shall hold their offices until the next an- 
 nual meeting, and until their successors are elected and qualified. (S. 1893, 
 S. 5769.) 
 
 Sec. 7. (8053-S.) District Meetings. It shall be the duty of the clerk 
 to give at least ten days' notice previous to any annual or special district 
 meeting by posting up notices thereof at three or four public places in the 
 district, one of which notices shall be affixed to the outer door of the school 
 house, if there be one in the district, and said clerk shall give like notice 
 of every adjourned meeting, when such meeting shall have been adjourned 
 for longer than one month, every notice for a special district meeting shall 
 specify the object for which such meeting was called, and no business skall 
 be acted upon at any special meeting, not specified in saitf notice. (S. 1893, 
 S. 5770.) 
 
 30 
 
Sec. 8. (8054-S.) Who May Vote. The following persons shall be en- 
 titled to vote at any district meeting. First, All persons possessing the 
 qualifications of electors as defined by organic act of the territory (the 
 constitution* of Oklahoma), and the statutes thereof and who shall be resi- 
 dents of the district at the time of offering to vote at said election. Sec- 
 ond, all female persons over the age of twenty-one years who are citizens 
 of the United States or shall have declared their intention to become such, 
 and who shall be residents of the district at the time of offering to vote. 
 (S. 1893, S. 5771.) (*Compare with Art. 39, constitution.) 
 
 Sec. 9. (8055-S.) Challenges. If any person offering to vote at a school 
 district meeting shall be challenged as unqualified by any legal voter, the 
 chairman presiding shall declare to the person challenged the qualifications 
 of a voter, and if such challenge be not withdrawn, the chairman who is 
 hereby authorized, shall tender to the person offering to vote the follow- 
 ing oath or affirmation: "You do solemnly swear (or affirm) that you 
 are an actual resident of this school district and that you are qualified 
 by law to vote at this meeting." Any person taking such oath or affirma- 
 tion shall be entitled to vote on all questions voted upon at such meeting. 
 (S. 1893, S. 5772.)) 
 
 Sec. 10. (8056-S.) Power of District Meeting. The inhabitants qualified 
 to vote at a school meeting lawfully assembled, shall have power: First, 
 To appoint a chairman to preside over said meeting in the absence of the 
 director. Second, To adjourn from tim eto time. Third, To choose a direc- 
 tor, clerk and treasurer, who shall possess the qualificatins of voters. 
 Fourth, To designate by vote a site for the district school house: Provided, 
 That the designation of a site for the district school house shall not be over 
 one-half mile from the center of said district. Fifth, To vote annually a tax 
 not exceeding two per cent on all the taxable property in the district, as 
 the meeting shall deem sufficient for the various school purposes, and dis- 
 tribute the amount as the meeting shall deem proper in the payment of 
 teachers' wages, and to build, hire, or purchase a school house and keep it 
 in repair, and to 'furnish the same with necessary fuel and appendages and 
 to purchase or lease a site: Provided, That when not included within the 
 limits of a town or village said site shall not contain less than one acre. 
 Sixth, To authorize and direct the sale of any school site or other property 
 belonging to the district (when the same shall be no longer needful for 
 the district) to give such directions and make such provisions as may be 
 deemed necessary in relation to the prosecution or defense of any suit or 
 proceedings in which the district may be a party. Also, Provided, Further, 
 That if the inhabitants of any school district shall neglect or refuse to 
 make such levy, then the board of county commissioners of such county, 
 through the advice of the county superintendent of public instruction, shall 
 levy a tax annually of not to exceed two per cent* on all taxable property 
 in the district. (L. 1895, p. 246.) (*Compare with Art. X, Sec. 10, Bunn's 
 Constitution.) (Also see H. B. 14, Spl. L. 1910, which repeals the fifth and 
 sixth provisions, in part.) 
 
 Sec. 11. (8057-S.) Determine School Term. The qualified voters at each 
 annual meeting, or any special meeting duly called, may determine the 
 length of time a school shall be taught in their district for the then ensuing 
 year, which shall not be less than three months and when such school shall 
 be taught, and whether the school money to which the district may be en- 
 titled shall be applied in support of the summer or winter term of school, 
 or a certain portion of each; but if such matters shall not be determined 
 at the annual or any special meeting, it shall be the duty of the district 
 board to determine the same. (S. 1893, S. 5774.) 
 
 Sec. 12. (8058-S.) Change of School House. That school districts having 
 school houses the value of which is not less than five hundred dollars the 
 
 31 
 
school house site shall not be changed except by a vote of at least three- 
 fifths the legal voters of such district in favor of such change. (S. 1893, 
 S. 5775.) 
 
 Sec. 13. (8059-S.) IVfay Condemn Site. In case any school district can- 
 not by purchase at reasonable rates, or by donation, or otherwise, obtain 
 title to a site selected by such school district; or, if it be deemed advisable 
 by such school district, or by the district board, to add other ground to 
 any school house site already selected; or if, in good faith, but by mistake 
 or otherwise, a school house has been or shall be erected wholly or partially 
 upon any land or lot to which said school district at the time of the erection 
 of su.ch school building, or any addition thereto, had not acquired title, then 
 and in any such case, upon a written application of the district board of such 
 school district, or a majority of the board, made to the probate judge of 
 the county in which such school district is situated, the probate judge 
 shall fix a day for the hearing of the same, not less than fifteen days, nor 
 more than thirty days, from the date of such filing, and shall cause at least 
 ten days' notice in writing of such hearing to be given to all owners, or 
 parties having any interest whatever of record in the land proposed to be 
 condemned, either by personal service on each such adverse party, or by 
 leaving a copy of such notice at his usual place of residence, or, in case 
 any or all such parties are non-residents of the State, such notice shall be 
 made by publication in some newspaper published in the county, for two 
 consecutive weeks. The service of such notice, other than by publication 
 shall be made and returned by the sheriff of the county in which the land 
 proposed to be condemned is situated. Such notice shall set forth the 
 number or legal designation of the applicant school district, a description 
 of the land proposed to be condemned, and the time of the hearing upon the 
 application. On the return day of such notice, the probate judge shall ex- 
 amine the application and notice, and if he find the same sufficient, shall 
 immediately appoint three disinterested free holders of such county, who 
 are not residents of such school district, to condemn such site, or addition 
 thereto; and in case such land or lot so to be condemned and appraised 
 shall be an original selection for the school house site, the amount so to 
 be condemned and appraised shall not exceed one and one-half acres; and 
 if it be for addition to an existing site, the additional amount so condemned 
 and appraised shall not, with the original site, exceed one and one-half 
 acres. All of the provisions of this section shall apply to school districts 
 included within the boundaries of cities of the first class, and to a board 
 of education of a city of the first class applying to condemn a school house 
 site for such district, or an addition to an existing site. Provided, That the 
 board of education of a <city of the first class may, if deemed necessary, 
 condemn an entire block, according to the plat oi such city, not to exceed 
 four acres, exclusive of streets and alleys, and may condemn as many such 
 sites as shall be deemed necessary for schools in cities of the first class. 
 And Provided Further, That a board of education in a city of the first class, 
 in any proceedings under this Section, may join all the owners of, or parties 
 having joint or several interests in the proposed site to be condemned, in 
 the same application as parties defendant thereto, and the appraisers, in 
 condemning and appraising such site, or addition thereto, shall return a 
 report separately of the valuation fixed by them upon each lot, or separate 
 tract included within the proposed site or addition thereto, and any one 
 or more land owners, or parties adversely interested, who may be dissat- 
 isfied with such appraisement, may appeal as hereinafter provided, with- 
 out joining the other defendants. Immediately after their appointment 
 such appraisers shall proceed to condemn and appraise the value of the site 
 so selected, or the addition to such existing site, and they shall, within ten 
 
 32 
 
days thereafter, make and sign and acknowledge a report describing the lot 
 so condemned, the purpose for which it was so 'condemned, and the ap- 
 praised value thereof, which report shall be by them filed in the office of 
 the register of deeds in the county in which the land or lot is situated, and 
 by such register duly recorded as other instruments of writing affecting the 
 title to real estate are recorded. A copy of such report, certified by the 
 register of deeds, shall also be filed with the probate judge before whom 
 such proceedings were had, and in case of an appeal to the district court, 
 the original application, and notice, and proof of service, the order appoint- 
 ing the appraisers and such certified copy of the report shall constitute the 
 record to be certified by such probate judge to the district court. In ap- 
 praising any school house site or addition thereto, to which such school 
 district had not title at the time of erecting any school house, or addition 
 thereto thereon, said appraisers shall exclude from their appraisement the 
 value of such school house or addition, and appraise such land or lot at its 
 value, exclusive of such building, addition, or other improvements placed 
 thereon, in good faith, but by mistake of such school district, or such school 
 district board. Within thirty days after the report of such appraisers is 
 filed in the office of the register of deeds, the district board of such school 
 district shall pay to the county treasurer of the county in which said con- 
 demned land or lot is situated, for the use of the owner of such land or 
 lots, the amount of the appraised value thereof, also fifty cents for the 
 register of deeds for recording said report. And upon such payment being 
 made to such county treasurer by such district board, the title to such site, 
 or addition thereto, shall vest in the school district. Either party, the 
 owner of the lot or land condemned, or the school district, may appeal 
 from such appraisement to the district court, in the same manner that ap- 
 peals are taken from judgment of justices of the peace in civil actions. 
 (L. 1903, p. 251.) 
 
 Sec. 14. (8060-S.) May Construct Buildings. The school district board 
 of any school district, or board of education of any city, in the State, pro- 
 vided the electors entitled to vote in school elections, in such districts 
 shall by a majority vote so authorize, shall have power to contract for, ac- 
 quire or construct necessary school buildings and additions thereto, to be 
 paid for by an annual rental and to levy an annual tax of not more than 
 three mills, for the payment of such rental: Provided, However, That the 
 total levy upon an ad valorem basis for all purposes within any district 
 shall not exceed the amount authorized by Sec. 9, of Art. 10, of the Con- 
 stitution. (L. 1907-8, p. 671.) 
 
 Sec. 15. (806 1-S.) Contract. Any contract made under the provisions 
 of this Act, shall be approved by a majority of the voters of the district 
 present at a regular school election, or at a special election held for that 
 purpose, notice of which shall be given by posting five written or printed 
 notices in the district ten days prior to such meeting or by publication in 
 a newspaper, if a newspaper is published in said district, in at least ten 
 issues of a daily newspaper, if a daily is published in said district; and if 
 no daily newspaper is published in said district, notice shall be given by 
 publication in at least two issues of a weekly newspaper, if published in said 
 district. Such publication to be not less than ten days prior to said election. 
 (L. 1907-8, p. 671.) 
 
 Sec. 16. (8062-S.) Rental Contract. Where any rental contract is entered 
 into, the trustees of any school district in this S^ate, as provided in Sec. 1, 
 (8060), where the total amount to be paid thereunder cannot be paid within 
 ten years by the three mill levy upon an ad valorem basis, upon all the 
 taxable property within said district, an additional levy of an amount suf- 
 ficient for such purposes may be authorized by a majority vote of the per- 
 
 33 
 
sons qualified to vote at such school district elections or meetings as pro- 
 vided in Sec. 3 of Art. 3 of the Constitution, at a special election called for 
 that purpose by the trustees of such district, Provided, However, That the 
 total amount of such increased levy shall not exceed five mills on the dol- 
 lar of the assessed value of the taxable property in such school district. 
 Notice of such special election shall be given as the notices in the preceding 
 section. (L. 1907-8, p. 672.) 
 
 Sec. 17. (8063-S.) Two or More School Houses May be Built, Etc. The 
 board of directors of any school district in this State, may construct and 
 maintain two or more school houses in any school district in this State: 
 Provided, A majority of the legal voters of said district shall authorize 
 the same at an election to be held in said district as other elections are 
 held for school purposes. (L. 1909, S. B. 295. Took effect March 17, 
 1909.) 
 
 Sec. 18. (8064-S.) Locations Legalized. That the location or contruc- 
 tion of any school houses already lacated or constructed by the board 
 of education or board of directors of any school district in this State are 
 (is) hereby legalized. (L. 1909, S. B. 295. Took effect March 17, 1909.) 
 
 Sec. 19. (8065-S.) District May Become Indebted Limit Vote. Any 
 school district in this state may become indebted for the purpose of pur- 
 chasing sites for school buildings, for purchasing school buildings, for erect- 
 ing such buildings, for purchasing school furniture or for repairing an> 
 such school site or building, and may issue its bond as now provided by 
 law in any amount not exceeding, with existing indebtedness, five per 
 cent of the valuation of the taxable property within such school district 
 as shown by the Jast preceding assessment for State and county purposes 
 previous to the incurring of such indebtedness; Provided, That such bond 
 issue must be authorized by an affirmative vote of three-fifths of the 
 voters of such district voting at an election held in such district for the 
 purpose of authorizing such bond issue. The bonds of any school dis- 
 trict since the adoption of the Constitution, or for the issuance of which 
 proceedings have been begun, are hereby legalized and validated provided 
 such bonds were issued or are being issued for the purposes above speci- 
 fied, and within the limitations prescribed by the Constitution. (L. 1909, 
 H. B. 65. Took effect March 26, 1909.) 
 
 Note. The following Sec. perhaps, repealed by the foregoing, at least, 
 in part, is the first of seven sections of Chapter 7, Art. 2, L. 1895., the 
 first of which expressly and the remainder of which by verbatim pro- 
 visions, repeal Chapter 73, Art. 6, S. 1893. 
 
 An Act amending Art. 6, Chapter 73, Statutes of Oklahoma, 1893, re- 
 lating to school district bonds. 
 
 Sec. 20. (8066-S.) District May Issue Bonds. That for the purpose of 
 purchasing one or more school sites, erecting, purchasing or paying for 
 and furnishing one or more school houses in and lor any school district 
 in the State of Oklahoma, the board of directors of the same shall have the 
 power to issue bonds of the district in an amount not exceeding, with all 
 outstanding indebtedness, four (1908 legislature increased this to 5 per 
 cent. See Art. XXVII and Constitution) per cent of its taxable property, 
 as shown by the last assessment thereof, and for the purpose of extending 
 the time of payment of the school district indebtedness, or of the bond- 
 ed indebtedness of any school district, the board of directors shall have 
 the power to issue the bonds of the district, in a sum not to exceed in 
 amount its outstanding indebtedness, including bonded indebtedness: 
 Provided, That no bonds shall be issued until, at an election called for that 
 purpose, the question shall have been submitted to the qualified electors 
 of the district, and two-thirds of all the qualified electors voting at such 
 
 34 
 
election declared by their ballots in favor of issuing the same. Qualified 
 electors for the purpose of this act are hereby declared to be all persons, 
 male or female, over the age of twenty-one years, who are citizens of the 
 United States, and have been bona fide residents for more than three months 
 next preceding such school district bond election within the limits of such 
 school district: Provided, Further, That no such election shall be ordered 
 unless a petition stating the purpose for which the bonds are to be issued, 
 and signed by at least one-third of the qualified electors, as herein defined, 
 of such school district, as shown by the last preceding enumeration, by 
 the township trustees of the township in which such school district is lo- 
 cated, shall have been presented to the district board, praying that a vote 
 be taken for thv issuing of such amount of bonds as may be asked for 
 therein: And Provided, Further, That it shall be unlawful for any school 
 district to create any bonded indebtedness unless there are at least eight 
 persons between the age of six and twenty-one years actually residing with- 
 in the limits thereof, as shown by a census taken by the clerk of such dis- 
 trict, not more than three months previous to such bond election, and by 
 such clerk verified upon oath. (L. 1895, p. 68.) 
 
 Sec. 21. (8067-S.) Bond Election How Conducted Voting. Whenever 
 such a petition so signed shall be presented to the board of directors of 
 any school district, praying that a vote be taken on the quesion of issuing 
 the bonds of such district, it shall be the duty of the district boar* im- 
 mediately to order an election for the purpose of determining the question 
 of issuing the bonds as prayed for and forthwith to give notice by posting 
 up written notices signed by the clerk, in five of the most public places in 
 the district, which notices shall be posted up at least ten days before such 
 election, and shall state therein the object for which the election was called, 
 the amount of the bonds which it is expected to issue, and the manner in 
 which the question shall be voted upon; and the said election shall be 
 conducted by the school district board, or in their absence, by three per- 
 sons chosen by the bystanders, and shall be by ballot, and the polls shall 
 be opened at 2 o'clock p. m., and close at 6 o'clock p. m. The ballots used 
 at such election shall be either written or printed and shall contain the 
 words, if the voter wishes to vote for the issuance of the bonds, "For the 
 Bonds," and if he wishes to vote against the bonds, it shall contain the 
 words, "Against the Bonds." (L. 1895, p. 69.) (Amended by H. B. 14, Spl. 
 L. 1910, and law making the attorney general "Ex-officio bond commissioner, 
 L. 1910.) 
 
 Sec. 22. (8068-S.) Denominations Time Payable Registration Dis- 
 posals. The bonds herein provided for shall be issued in denominations 
 of not less than one hundred dollars nor more than five hundred dollars 
 each; they shall bear interest at a rate not to exceed seven per cent per 
 annum, payable semi-annually on the first days of January and July of each 
 year at such place as shall be designated in the bonds, the principal of 
 the bonds being made payable within twenty years from their date. These 
 bonds shall specify on their face the date of issue, amount, for what pur- 
 pose and to whom issued, the time they run, the rate and times of pay- 
 ment of interest, and shall have coupons attached for the interest as H 
 becomes due, said coupons being so arranged that the last one shall fall 
 due at the maturity of the bonds. Said bond(s) and coupons thereto at- 
 tached, shall be signed by the director and countersigned by the clerk of 
 the district; shall be registered in the office of the State auditor, and a 
 transcript of all the proceedings in the voting of such bonds shall be filed 
 therewith. Upon finding that all of the proceedings have been regular, the 
 State auditor shall so certify upon each and every one of such bonds, and 
 shall also certify the same to the county clerk of the county in which such 
 
 35 
 
school district is located, who shall thereupon register said bonds in his 
 office, whereupon such bonds shall be negotiable and transferable by de- 
 livery, and may be disposed of by the district board at not less than ninety- 
 five cents on the dollar, and the proceeds of the same applied as provided 
 in the petition upon which the issuance of the bonds was authorized. 
 (L. 1895, p. 70.) 
 
 Note. The Constitution provides that bonds must be registered by the 
 State auditor and have endorsement of the icounty clerk and the county 
 attorney, certifying that the issue is within the debt limit of the law. 
 See Bunn's Constitution of Oklahoma, Art. X, Sec. 295, p. 79.) (Spl. L. of 
 1910 provide that the attorney gereral's certificate must be attached.) 
 
 Sec. 23. (8069-S.) Registration by County Clerk. Before delivering any 
 school district bonds the board of directors of the district issuing the same 
 shall cause them to be registered with the clerk of the county in which said 
 district is located. And it shall be the duty of the county clerk, on pre- 
 sentation of any school bonds for registration to register the same in a 
 book prepared for that purpose; if the said bonds contain the certificate of 
 the State auditor that the proceedings have been regular which register 
 shall contain: First, the number of the district. Second, the number of 
 the bond. Third, date of bond. Fourth, to whom payable. Fifth, when and 
 where payable. Sixth, when due. -Seventh, when interest due. Bight, 
 amount of bond. The county clerk shall furnish one copy of his register to 
 the county treasurer, and forward one copy to the State Superintendent, to- 
 gether with a statement showing: First, the number of acres of land as- 
 sessed and subject to taxation In such district. Third, the assessed valu- 
 ation of taxable land. Fourth, the assessed valuation of all personal prop- 
 erty in such district, which statement shall be signed by each member of 
 the school board issuing the bond(s), and the county clerk shall certify un- 
 der the official seal of his office to the correctness of the statement and 
 the genuineness of the signatures attached thereto. (L. 1895, p. 71.) 
 
 Sec. 24. (8070-S.) Interest and Sinking Fund Investment. It shall be 
 the duty of the board of county commissioners of each county to levy, an- 
 nually, upon all the taxable property in each district in such county, a tax 
 sufficient to pay the interest accruing upon the bonds issued by such dis- 
 trict, and to provide a sinking fund for the final redemption of the bonds, 
 such levy to be made with the annual levy of the county, and the^ taxes 
 collected with other taxes, and when collected shall be and remain in the 
 hands of the county treasurer, a specific fund for the payment of the in- 
 terest upon such bonds and for the^r final payment at maturity: Pro- 
 vided, That moneys in the hands of the county treasurer belonging to the 
 sinking funds of the several school districts in such county, shall be in- 
 vested by the county treasurer: First, in the bonds of the district to which 
 said sinking fund belongs: Provided, Such bonds can be purchased at a 
 price not exceeding their market or par value. Second, in the bonds of 
 other school districts of the State, maturing before the bonds for which 
 said fund is raised: Provided, That the same can be purchased of the 
 State of Oklahoma, or of the United States. (L. 1895, p. 71.) 
 
 Sec. 25. (8071.) Penalty for Fraudulent Issue. If any school district 
 whose duty it is under the provisions of this act to issue or assist in any 
 manner in the issuance of the bonds of any school district, shall prepare, 
 sign or deliver, or aid, counsel, or assist in preparing, signing or delivering. 
 or shall cause to be prepared, signed of delivered, any bond or bonds of 
 any school district, at any time before such bond or bonds are authorized 
 by this act to be prepared, signed or delivered, such officer shall be guilty 
 of (a) felony, and upon conviction shall be fined in any sum not less than 
 five hundred dollars nor more than five thousand dollars, or by imprison- 
 
ment in the penitentiary for not less than two years nor longer than seven 
 years, or by both such fine and imprisonment. And if the board of directors 
 of any school district, or any member thereof, shall use or dispose of any 
 school district bonds, or the money accruing from the sale of such bonds, 
 in any other manner, or for any other purpose than that for which the 
 same was created or intended he, or they, shall be liable to be punished by 
 a fine of not less than five hundred dollars nor more than two thousand 
 dollars, by indictment in any court of competent jurisdiction, or by im- 
 prisonment in the penitentiary not more than two years, or by both such 
 fine and imprisonment. (L. 1895, p. 72.) 
 
 Sec. 26. (8072-S.) Payment and Cancellation Reports. On the payment 
 of the bonds or coupons of any school district, the county treasurer shall 
 immediatey concel the same and endorse thereon the date of payment, and 
 shall thereupon present the same to the county clerk, who shall cancel said 
 bonds or coupons on his register by endorsing thereon the date of payment of 
 each, and immediately return the same to the county treasurer; and at 
 the same time of the settlement with the several school district trasurers 
 of his county, the county treasurer shall deliver to each the cancelled bonds 
 and coupons of his district and take a receipt therefor, and such cancelled 
 bonds and coupons shall be destroyed by the district treasurer in the pres- 
 ejice of all the officers of the district, a complete record- of their destruc- 
 tion being made by the district clerk. On the last Saturday of July of 
 each year, each and every county treasurer shall make the county clerk of 
 his county a detailed report of all the bonds and coupons cancelled during 
 the year, and the date of payment of the same, accompanied by the receipts 
 given by district treasurers thereof. (L. 1895, p. 73.) 
 
 An Act providing for the adjustment and payment of debts contracted by 
 school districts which have been changed, and the territory belonging there- 
 to organized into new districts and for other purposes. 
 
 Sec. 27. (8073-S.) Superintendent to Apportion Debts. It shall be the 
 duty of the county superintendent, on or before the first day of May, 1897, 
 in each county in this State, to audit any outstanding indebtedness that may 
 have been contracted by any school district prior to the same such district 
 was changed and apportion the same to the districts now comprising the 
 territory of such district,' taking as a basis of apportionment the assessed 
 valuation of property included in the boundaries of said divided distrkt, 
 and he shall apportion to each of the districts which have acquired the ter- 
 ritory of said divided district such portion of said indebtedness as the 
 assessed valuation of the property of that portion of the territory thus ac- 
 nuired bears to the entire assessed valuation of such divided district. 
 (L. 1897, p. 276.) 
 
 Sec. 28. (8074-S.) To Issue Orders on Treasurer. When such apportion- 
 ment has been made, the county superintendent shall have the power, and 
 it is hereby made his duty, to issue orders on the county treasurer in pay- 
 ment of all warrants issued against said divided districts, which orders shall 
 be paid by the county treasurer on presentation, or as soon as he may have 
 sufficient funds to the credit of such district: Provided, All such orders so 
 drawn shall be paid before any other outstanding warrant indebtedness 
 against said district or districts: Provided, (Further), That orders against 
 such districts shall only be issued for the amount of indebtedness nropor- 
 tioned to the same under the provisions of this act. (L. 1897, p. 276.) 
 
 Sec. 28. (8075-S.) To Dispose of Property. The county superintendent 
 shall have the power to dispose of any propertv wh^ch may belong to any 
 such divided districts, by agreement with the district board retaining the 
 property of such divided district; Provided, That the funds arising from 
 
 37 
 
the sale of such property shall be applied by the county superintendent to 
 the payment of the indebtedness of said divided district or districts. 
 (L. 1897, p. 276.) 
 
 An Act authorizing school districts in Oklahoma to relocate school houses 
 in such districts. 
 
 Sec. (8076.) Upon the petition of one-third of the voters of any school 
 district in Oklahoma, in any district containing a town or village, qualified 
 to vote at a school district election, the district board of said school district 
 shall call a meeting of the voters of said school district at the school house 
 therein, in the manner provided by law for calling special school meetings 
 for the purpose of determining the re-location of the school house in said 
 district. If at such meeting the voters of the district, by vote of two-thirds 
 of the resident voters of the district voting within the school district deter- 
 mine to re-locate the school house at some point in said district, the board 
 of said district shall locate said school house at some point in said district 
 in or adjoining such town or village. (L. 1895, p. 380.) 
 
 38 
 
ARTICLE VII. 
 
 SECTION 
 
 1. Branches to be Taught. 
 
 2. Agricultural Education. 
 
 3. Common School Graduation. 
 
 SECTION 
 
 4. School Month. 
 
 5. May Assess a Tuition Fee, etc. 
 
 Sec. 1. (8077-S.) Branches Taught. That in each and every school dis- 
 trict shall be taught orthography, reading, writing, English grammar, geo- 
 raphy, and arithmetic, and such other branches as may be determined by 
 the district board: Provided, That the instructions given in the several 
 branches taught shall be in the English language. (L. 1893, S. 5811.) 
 
 Sec. 2. Agricultural Education, Etc. The elementary principles of ag- 
 riculture, horticulture, animal husbandry, stock feeding, forestry, building 
 county roads and domestic science, including the elements of economics shall 
 be embraced in the branches taught in all the public schools of this State 
 receiving any part of their support from this State, and these branches shall 
 be as thoroughly studied and taught by observation, practical exercises, 
 and the use of text and referentce books, and in the same manner as are 
 other like required branches in said public schools. (Laws of 1908, Frank- 
 lin Senate Bill 109. Sec. 2, p. 14.) 
 
 Sec. 3. Common School Graduation, Etc. Candidates for graduation 
 from the eighth grade in the common schools must receive instruction and 
 be able to pass an examination in the following subjects in addition to those 
 named in the preceding sections: El. music, U. S. history, including Ok- 
 lahoma history; physiology and civics, including Oklahoma Constitution. 
 (Rules and Regulations of State Board of Education for 1908.) 
 
 Sec. 4. (8078-S.) School Month. A school month shall consist of four 
 weeks of five days each of six hours per day. 
 
 Note. This means six hours exclusive of the noon hour. 
 
 Sec. 5. (8079-S.) May Assess Tuition Fee. Whenever there is not suf- 
 ficient money belonging to any school district to support a public school 
 the length of time prescribed by law or determined at the annual meeting 
 or at a special meeting duly icalled, the district board, to meet said deficiency, 
 may assess a tuition fee upon each scholar attending said school, the as- 
 sessment to be proportioned to the number of days each pupil has been in 
 actual attendance during the term. Provided, That no tuition shall be levied 
 upon the pupils of any district in accordance with the provisions of this 
 act, unless the entire amount of *2 per cent for teachers' wages as required 
 by law be first assessed upon the taxable property of said district. (S. 1893, 
 S. 5813.) 
 
 *Note. The State Constitution provides for five mills with privileges 
 of increasing to 15 mills by special vote. See Bunn's Constitution of Ok- 
 lahoma, Art. X, Sec. 275, p. 75. ("Also see H. B. 14, Spl. L. 1910.") 
 
 39 
 
ARTICLE VIII. 
 District in More Than One County. 
 
 SECTION 
 
 1. District in More Than One County How 
 Formed .Procedure. 
 
 An Act to provide for the formation of school districts situated in two 
 or more counties. 
 
 Sec. 1. (8080-S.) District in More than One County, Etc. When it shall 
 become necessary to -form a school district lying partly in two or more 
 ^counties, the county superintendents of the counties in which the said 
 tract of country shall be situated, when application shall be made in writing 
 to any one of them by five householder resident therein, shall, if by them 
 deemed necessary, meet and proceed to lay off and form the same into a 
 school district, issue notices for the first district meeting, and shall file the 
 proper papers in their respective offices, and such district so organized 
 
 shall be designated "Joint District No , Counties of " 
 
 and the boundaries of such district shall not be altered except by the joint 
 action of the superintendents of the several counties represented in said 
 district: Provided, That if in the alteration of or refusal to alter the boun- 
 daries of any joint school district, any person or persons shall feel 
 aggrieved, such person or persons may appeal to the State superinten- 
 dent of public instruction, and notice of such appeal shall be served on the 
 superintendents of the several counties represented in said district within 
 ten days after rendition by them of the decision appealed from, which no- 
 tice shall be in writing and shall state fully the objections to the actions 
 of the county superintendents, and a copy thereof shall be filed with the 
 State superintendent of public instruction; and it shall be the duty of the 
 county superintendents in whose possession are the papers connected with 
 the action appealed from to transmit the same to the State superintendent 
 of public instruction immediately upon being served with notice of appeal 
 as hereinbefore provided, and thereupon the State superintendent of pub- 
 lic instruction shall fix a time for the hearing of said appeal, and notify 
 the several county superintendents interested, and they shall take action 
 in accordance therewith: And, Provided Further, That each joint district, 
 except in matters relating to the alteration of the boundaries thereof, shall 
 be under the jurisdiction and control of the superintendent of that county 
 represented in such districts having the largest amount of territory em- 
 branced within the boundaries of such joint district. (L. 1895, p. 245.) 
 
ARTICLE IX. 
 District Offices. 
 
 SECTION 
 
 1. Officers Term of. 
 
 2. Powers of School Boards. 
 
 3. Oath. 
 
 3. Vacancies Filled. 
 
 5. Directors Duties of. 
 
 6. Duties of Clerk. 
 
 7. Deputy. 
 
 8. Clerk Shall Draw Orders. 
 
 9. Board Meets to make Full Report of 
 
 the District. 
 
 10. Penalty for False Report. 
 
 11. District Clerk's Report to County Clerk. 
 
 12. To County Superintendent. 
 
 13. Tax Levies Reported and Penalty for 
 
 Failing to Report. 
 
 14. School District Treasurer Bond, etc. 
 
 15. Duties of. 
 
 16. County Treasurer Duties of. 
 
 17. Warrants How Paid. 
 
 18. Warrants to be Registered. 
 
 19. Warrants Order of Payment. 
 
 20. Treasurer Annual Report Duties. 
 
 21. Books and Records Open for Inspection. 
 
 22. Treasurer Refusing to Pay Over 
 
 Penalty. 
 
 23. County School Fund. 
 
 24. District Tax. 
 
 25. District Treasurer shall Pay Money 
 
 Remaining. 
 
 SECTION 
 
 26. Penalty for Failure to Pay Money. 
 
 27. Who Must Deliver Books, etc. 
 
 28. School House Site. 
 
 29. Care of School House. 
 
 30. Non-resident Pupils. 1 
 
 31. Teacher's Contract. 
 
 32. Appendages. 
 
 33. No Religion Taught. 
 
 34. Not Taxable. 
 
 35. Suspension of Pupils." 
 
 36. Teacher's Daily Register. 
 
 37. Taxes. 
 
 38. Penalty. 
 
 39. Disposition of Fines. 
 
 40. Judgments Liability of Board. 
 
 41. Removal of School House. 
 
 42. Use of School House. 
 
 43. To Audit Claims. 
 
 44. Last Assessment the Basis. 
 
 45. Special Levy. 
 
 46. Clerk to Extend Levies. 
 
 47. Treasurer to Collect. 
 
 48. Residue to be Apportioned. 
 
 49. To Reimburse Original District. 
 
 50. Superintendent to Ascertain Indebted- 
 
 51. 
 52. 
 
 County Clerk to Extend Levy. 
 County Treasurer to Collect. 
 
 Sec. 1. (8081-S.) Officers Term of. The officers of each school dis- 
 trict shall be a director, clerk and treasurer, who shall constitute the district 
 board, and who shall be elected and hold their respective offices as follows: 
 At the annual election in nineteen hundred eight there shall be elected (in 
 all districts not previously organized according to Oklahoma school law) a 
 director who shall hold his office for three years, a clerk, who shall hold 
 his office for two years, and a treasurer, who shall hold his office for one 
 year, and thereafter at each annual meeting there shall be elected one mem- 
 ber of said board in place of the outgoing member, who shall hold his of- 
 fice for three years and until his successor shall be elected and qualified: 
 Provided, That school officers holding office under the existing law, shall 
 hold office for the term for which they were elected or until their successors 
 are elected and qualified. (L. 1907-8, P. 399.) 
 
 Sec. 2. (8082-S.) Powers of School Boards. Nothing in this act shall be 
 construed to prevent the present school boards .from employing teachers for 
 the ensuing year or entering into contracts for the building and equipping of 
 school houses or any other necessary expenses prior to the annual school 
 meeting in 1908. (L. 1907-8, P. 399.) 
 
 Sec. 3. (8083-S.) Oath of Office. School district officers before enter- 
 ing upon their official duties shall take an oath to faithfully perform said 
 duties, and the chairman of any regular or special meeting is hereby author- 
 ized and empowered to administer such oaths. (S. 1893, S. 5778.) 
 
 Sec. 4. (8084-S.) Vacancies How Filled. Every person duly elected to 
 the office of director, clerk or treasurer of any school district who shall re- 
 fuse or neglect, without sufficient cause to qualify wfthin twenty days after 
 his election or appointment, or who, having entered upon the duties of his 
 office shall neglect or refuse to perform any duty required of him by the 
 provisions of this act, shall therebv forfeit his right to the office to which 
 he was elected or appointed, and the county superintendent shall thereupon 
 appoint a suitable person in his stead. (S. 1893, S. 5779.) 
 
 41 
 
Sec. 5. (8085-S.) Directors Duties of. The director of each district 
 shall preside at all district meetings, and shall sign all orders drawn by clerk 
 authorized by a district meeting, or by the district board, upon the treasurer 
 of the district, for moneys collected or received by him to be disbursed 
 therein. He shall appear for and in behalf of the district, in all suits brought 
 by or against the district, unless other directions shall be given by the voters 
 of such district, at a district meeting. (S. 1893, S. 5780.) 
 
 Sec.6. (8086-S.) Duties of Clerk. The clerk of such district shall record 
 the proceedings of his district in a book provided by the district for that 
 purpose, and enter thereon copies of all reports made by him to the county 
 superintendent; and he shall keep and preserve all records, books and papers 
 belonging to his office, and deliver the same to his successor in office. (S. 
 1893, S. 5781.) 
 
 Sec. 7. (8087-S.) Deputy. The said clerk shall be the clerk of the dis- 
 trict board and of all district meetings, when present; but if such clerk shall 
 not be present at any district meeting, the voters present may appoint a 
 clerk of such meeting, who shall certify the proceedings thereof, and the 
 same shall be recorded by the clerk of the district. (S. 1893, S. 5782.) 
 
 Sec. 8. (8088-S.) Clerk ShaM Draw Orders. The clerk of the district 
 shall draw orders on the treasurer of the district for moneys in the hands of 
 such treasurer which have been apportioned to or raised by the district, to 
 be applied to the payment of teacher's wages, and apply such money to the 
 payment of wages of such teachers as shall have been employed by the dis- 
 trict board; and said clerk shall draw orders on the treasurer for the moneys 
 in the hands of such treasurer to be disbursed for any other purpose ordered 
 by a district meeting or by the district board, agreeable to the provisions 
 of this act. (S. 1893, S. 5783.) 
 
 Sec. 9. (8089-S.) Board Meets To Make Full Report of District. Each 
 school district board shall hold a meeting at least five days previous to the 
 annual meeting in each year, for the purpose of preparing the report of the 
 clerk and treasurer which shall be read and submitted to the legal voters of 
 the district at the annual meeting, for their information and consideration; 
 if any change or alteration therein be necessary, the same shall be made, and 
 it shall then be transmitted to the county superintendent of public instruc- 
 tion. Said report shall show: First, the number of children, male and fe- 
 male, white and colored, designated separately, residing in the district or 
 part of district on the fifteenth day of January previous to the date of such 
 report, over the age of six and under the age of twenty-one years. Second, 
 the number of children attending the school during the year, their sex, and 
 branches studied. Third, the length of time a school has been taught in the 
 district by a qualified teacher, the name of the teacher and the wages paid. 
 Fourth, the amount of money received from the county treasurer arising 
 from disbursements of the State annual school fund, the amount received 
 from district taxes, and the amount received from all other sources during 
 the year, and the manner in which all moneys have been expended. Fifth, 
 the amount of money raised by the district in such year and the purpose for 
 which it was raised. Sixth, the kind of books used in the school, and such 
 facts and statistics in regard to the district school as the county superin- 
 tendent may require. (L. 1897, p. 268.) 
 
 Sec. 10. (8090-S.) Penalty for False Report. Every clerk of a district 
 who shall willfully sign a false report to the county superintendent of his 
 county, shall be deemed guilty of a felony, and punished by confinement in 
 the penitentiary for not less than one pear nor more than three. (S. 1893, 
 S. 5785.) 
 
Sec. 11. (8091-S.) District Clerk's Report to County Clerk. It shall be 
 the duty of the several district clerks in this State to make out a certified 
 list of all persons residing within their respective districts liable to pay 
 taxes, and transmit the same to the county clerks of their respective coun- 
 ties on or before the twenty-fifth of May, annually. (S. 1893, S. 5786.) 
 
 Sec. 12. (8092-S.) To County Superintendent. The district clerk shall 
 report to the county superintendent in writing the names and postoffice ad- 
 dress of all the district officers elect within two weeks after said officers 
 shall have been elected or appointed and qualified. The clerk shall also re- 
 port to the county superintendent the time of the commencement of each 
 term of school within two weeks of the commencement of such term. (S. 
 1893-5787.) 
 
 Sec. 13. (8093-S.) Taxes Levied and Penalty for Not Reporting. The 
 district clerk shall within five (5) days report to the county clerk the amount 
 of tax levied at the annual meeting and for what purpose the same was 
 levied. Any su'Ch clerk who shall fail to report the tax so voted shall be 
 liable to a fine of not less than ten dollars, nor more than one hundred dol- 
 lars; and it is hereby made the duty of the county superintendent to have 
 the provisions of this act enforced. (L. 1897, p. 269.) 
 
 Sec. 14. 8094.) School District Treasurer Bond of Suit on Bond When 
 The treasurer of the school district shall execute to the district a bond 
 in double the amount, as near as it can be ascertained, to come into his 
 hands as treasurer during each year, with sufficient sureties to be approved 
 by the county superintendent of public schools, (conditioned that he will 
 faithfully discharge and perform all the duties of his office; and such bond 
 shall be taken in the name of the district. Such bond shall be justified by 
 the affidavit of the principal and sureties as required by law in other cases; 
 and the director of the district and the county superintendent of public in- 
 struction are hereby authorized to adimnister the oaths for the justifica- 
 tion of the treasurer and his sureties. Said bond shall be filed with the 
 county superintendent of public instruction, and in case of the breach of 
 any condition thereof, the county superintendent, or the director or clerk 
 of the district shall cause a suit to be commenced thereon in the name of 
 the district, and the money collected in such suit shall be applied by the 
 board to the use of the district as the same should have been applied by 
 the treasurer. If the county superintendent, clerk and director shall fail 
 and refuse to prosecute said treasurer, then any taxpayer of the district 
 may cause such prosecution to be instituted as provided in this act. (L. 1901, 
 p. 200.) 
 
 Sec. 15. (8095.) Duties of The treasurer of such district shall pay out 
 on the order of the clerk of the district, attested by the seal therof, and 
 countersigned by the director of such district, all public moneys which 
 shall come into his hands for the use of the district. (L. 1901, p. 201.) 
 
 Sec. 16. (8096.) County Treasurer Duties of. -The county treasurer 
 shall pay to each district treasurer from time to time all school moneys 
 in the county treasury belonging to the district, upon the order of the clerk 
 and director of the district: Provided, That said order shall be accompanied 
 by a certificate from the county superintendent, stating that said treasurer 
 has executed and filed his bond as required by law; but such order and 
 certificate shall not be necessary except the first time money is desired to 
 be paid to him by the county treasurer after his qualification. (L. 1901, 
 p. 201.) 
 
 Sec. 17. (8097.) Warrants How Paid. Said district treasurer shall pay 
 on presentation any warrant or other order properly drawn on any fund 
 in his custody by virtue of his office; and wken paid, he shall write across 
 the face of said warrant or order in red ink the word "Paid," the date when 
 
paid, the amount of principal and interest, if any, paid, and shall sign the 
 same officially: Provided, That there is sufficient money in his hands "be- 
 longing to the fund upon which said warrant or order is drawn to pay the 
 same. (L. 1901, p. 201.) 
 
 Sec. 18. (8098-S.) Warrants to be Registered. In case there is not suf- 
 ficient money in the hands of any such treasurer belonging to the particular 
 fund drawn upon to pay any warrant or order when presented for payment, 
 it shall be the duty of such treasurer to make a certificate of that fact upon 
 the back of any such warrant or order, and to date, sign and number the 
 same in regular order; and he shall set down and enter in a book to be 
 kept for that purpose, the registry number, amount, date and upon what 
 fund drawn, to whom payable, and the date when presented for payment, 
 as provided in section (8097) of this act; and all such warrants or orders 
 shall be paid in their order of presentation for payment and of their regis- 
 tration as shown by said book; and such books shall be known in each such 
 office as the "Warrant Register." And all warrants after registration shall 
 draw interest at the rate of six per centum per annum from the date of 
 such registration until fully paid; and such registration book shall be open 
 to the inspection of any person interested at all reasonable times. (L. 1901, 
 p. 202.) 
 
 Sec. 19. (8099-S.) Warrants Order of Payment Publication, Etc, 
 Whenever any money shall come into his hands by virtue of his office, it 
 shall be the duty of such district treasurer to set apart a sufficient sum 
 from the several funds to which said money belongs to pay all warrants or 
 orders that may have been registered against said several funds in com- 
 pliance with the provisions of this act; or so much of said money as shall 
 be necessary for such purpose. And if such money in any fund is not suf- 
 ficient to pay all warrants and orders registered against said fund, he shall 
 set apart said money for the payment of the warrants registered against 
 the fund to which said money may belong until said money is exhausted; 
 and he shall keep the money so set apart until it is called for by the per- 
 son to whom it is payable; and it shall be the duty of said treasurer to 
 post up in three public places in his district between the 15th and the last 
 days of February and August in each year a list of the warrants or orders 
 unpaid, and for the payment of which he has sufficient funds in his hands, 
 and one of which lists shall be posted on the door of the school house of 
 his district; and from and after thirty days after such posting, interest shall 
 cease upon the warrants which he has so posted as being payable. (L. 1901, 
 p. 202.) 
 
 Sec. 20. (8100-S.) Treasurer's Annual Report, Etc. County Supt. Duties 
 of. The treasurer shall keep a book in which he shall keep and enter an 
 account of all moneys received and disbursed by him specifying particularly 
 the sources from which money has been received and the person or persons 
 to whom and the object for which the same was paid out. He shall present 
 to the district at ea>ch annual meeting a report in writing containing a state- 
 ment of all moneys received by him from the county treasurer during the 
 year; also all moneys collected by him during the year from assessments in 
 his district, and of the disbursements made by him, with the item of such 
 disbursements and shall exhibit the voucher thereof; and the same shall 
 be examined at such annual meeting of the district and if found correct 
 shall be approved. Said report shall be in writing and shall be by the dis- 
 trict clerk recorded at length; ani within ten days after such annual meet- 
 ing said district treasurer shall present a copy of said report to the county 
 superintendent of public instruction of his county, together with all the 
 vouchers for disbursements by him made and said county superintendent 
 shall examine the report and vouchers, and if he finds the same correct, 
 
he shall approve it; but if not found correct, he shall take such steps as 
 the law and the facts may require; and at the close of his term of office 
 the said treasurer shall settle with the county superintendent and shall 
 turn over to his successor all the books, vouchers, orders, warrants and 
 papers coming into his hands as the treasurer of such school district, to- 
 gether with all moneys remaining in his hands as such treasurer. L. 1901, p. 
 203.) 
 
 Sec. 21. (8101-S.) Books and Records Open for Inspection. The books, 
 records, papers, vouchers and other archives of the school district treas- 
 urer's office shall be open at all times to the inspection and examination 
 of the county superintendent, the district clerk and director, and to all per- 
 sons holding obligations against said district. (L. 1901, p. 204.) 
 
 Sec. 22. (8102-S.) Treasurer Refusing to Pay Over Penalty. If any 
 district treasurer shall refuse to pay over to his successor any money in his 
 hands belonging to the district it shall be the duty of his successor in of- 
 fice to prosecute without delay the official bond of said treasurer for the 
 recovery of such money. And in case such successor shall fail or neglect 
 to proceed, any taxpayer of the district may prosecute such suit in the 
 name of the district. Any treasurer who shall willfully fail, refuse or neg- 
 lect to pay over any money in his hands belonging to the district, shall be 
 deemed guilty of embezzlement, and upon conviction thereof, shall be pun- 
 ished in the manner prescribed for the felonious stealing of property of the 
 value of that embezzled. (L. 1901, p. 204.) 
 
 Sec. 23. (8103-S.) County School Fund. The county commissioners shall 
 at -the time the annual taxes .for State and county purposes are levied, levy 
 on the taxable property of the county a tax, not to exceed one per cent, 
 which shall be collected as other taxes; and the money so realized together 
 with the proceeds of all moneys collected from fines, forfeitures, penalties, 
 proceeds from the sale of estrays and all moneys paid by persons as equiva- 
 lent for exemption from military duty, and all moneys collected from mar- 
 riage licenses, shall constitute a county school fund, and be appropriated 
 exclusively for the purpose of establishing and supporting public schools 
 for not less than three nor more than nine months in each year, and de- 
 fraying current expenses of the same of every description; and said county 
 school fund shall be apportioned to each school district in said county in 
 proportion to the number of children over the age of six years and under 
 the age of twenty-one years, resident therein, as shown by the last annual 
 enumeration of the same. The county treasurer shall pay to each district 
 treasurer in the county all school moneys in the county treasury belonging 
 to the district, upon the order of the director and clerk of the district: Pro- 
 vided, That said order shall be aiccompanied by a certificate from the dis- 
 trict clerk, stating that the treasurer of the district has executed and filed 
 his bond as required by law. (S. 1893, S. 5791. (See H. B. 14, Spl. L. 1910.) 
 
 Sec. 24. (8104-S.) District Tax. When a school district tax has been 
 voted, and from the fault of negligence of any officer or any other cause, 
 has not been levied and collected in any one year, the same shall be added 
 to and collected with the taxes of the following year; and the county treas- 
 urer shall pay over to the treasurers of the respective school districts (all 
 the taxes he may have collected for said districts) on the order of the dis- 
 trict clerk, countersigned by the director, subject to the provisions contain- 
 ed in section (8103) of this article. (S. 1893, S. 5792.) (See H. B. 14, Spl. 
 L. 1910.) 
 
 Sec. 25. (8105.-S.) District Treasurer Shall Pay Money Remaining, Etc. 
 The treasurer shall keep a book in which he shall enter all moneys re- 
 ceived and disbursed by him specifying particularly the sources from which 
 money has been received and the person or persons to whom and the ob- 
 ject for which the same was paid out. He shall present to the district at 
 
each annual meeting a report in writing containing a statement of all 
 moneys received by him from the county treasurer during the year; also 
 all 'moneys collected by him during the year from assessments in the dis- 
 trict, and of the disbursements made by him, with the items of such dis- 
 bursements and exhibit the vouchers therefor; which report by the district 
 clerk and at the close of his term of office shall settle with the district 
 board and shall hand over to his successor said books and all receipts, 
 vouchers, orders, and papers coming into his hands as the treasurer of such 
 school district, together with all moneys remaining in his hands as such 
 treasurer. (S. 1893, S. 5793.) 
 
 Sec. 26. (8106-S.) Penalty for Failure to Pay Money. If any district 
 treasurer shall refuse or neglect to pay over to his successor any money in 
 his hands belonging to the district it shall be the duty of his successor in 
 office to prosecute without delay the official bond of such treasurer for the 
 recovery of such money. And said district treasurer who shall refuse or 
 neglect to pay over any money in his hands belonging to the district shall 
 be guilty of a felony and shall be imprisoned in the penitentiary for a period 
 of not less than one year nor more than five. (S. 1893, S. 5794.) 
 
 Sec. 27. (8107-S.) Who Must Deliver Books. Every school district 
 clerk or treasurer who shall neglect or refuse to deliver to his successor in 
 office all records, books and papers, belonging to his office shall be guilty 
 of a misdemeanor and shall be fined in any sum of not less than one hun- 
 dred dollars, nor more than five hundred dollars, or be imprisoned in the 
 county jail for a period of six months. (S. 1893, S. 5795.) 
 
 Sec. 28. (8108-S.) School House Site. The district (board) shall pur- 
 chase or lease such a site for a school house as shall have been designated 
 by the voters of a district meeting, in the corporate name thereof and shall 
 build, hire or purchase such school house as the voters of the district in 
 a district meeting shall have agreed upon, out of the funds provided for that 
 purpose, and make sale of any school house site or other property of the 
 district, and if necessary, execute a conveyance of the same in the name 
 of their office, when lawfully directed by the voters of such district, at 
 any regular or special meeting, and shall carry into effect all lawful or- 
 ders of the district. (S. 1893, S. 5796.) 
 
 Sec. 29. (8109-S.) Care of School House. The district board shall have 
 the >care and keeping of the school house and other property belonging to 
 the district. They shall have power "to make such rules and regulations as 
 they deem proper, and may appoint some suitable person to take charge 
 of the school apparatus, maps, charts, etc., belonging to the district. (S. 1893, 
 S. 5797.) 
 
 Sec. 30. (8110-S.) Non-Resident Pupils. The district board shall have 
 power to admit scholars from adjoining districts: Provided, Said pupil shalJ 
 pay a tuition fee, which fee shall be prescribed by the district board. 
 (S. 1893, S. 5798.) 
 
 Sec. 31. (8111-S.) Teachers' Contract. The district board of each dis- 
 trict shall contract with and hire qualified teachers for and in the name 
 of the district, which contract shall be in writing and shall specify the 
 wages per week or month as agreed upon by the parties, and such contract 
 shall be filed in the district clerk's office, and, in conjunction with the county 
 superintendent may dismiss such teacher or teachers for incompetency, cruel- 
 ty, negligence or immorality. Whenever any person shall make and enter 
 into a valid contract with any such district board to teach school in such 
 district, such contract shall be binding upon such teacher until he has been 
 legally discharged therefrom according to law or released therefrom by 
 such district board in regular sessions; and until such person shall have 
 thus been discharged or released, he shall not have authority to make and 
 
 46 
 
enter into any valid contract with any other such district board or board of 
 education in the State of Oklahoma to perform services as teacher or in- 
 structor for a period of time covered by an existing valid contract which 
 said person has made. No district board or board of education shall have 
 authority to pay any money or issue any warants for the payment of money 
 to any person for services as teacher or instructor, except for services per- 
 formed under and by virtue of a valid contract existing between such dis- 
 trict board and such teacher to be paid. (S. 1905, p. 362.) 
 
 Sec. 32. (8112-S.) Appendages. The district board shall provide the nec- 
 essary appendages (for the school house) during the time the school is 
 taught therein and shall (keep) an accurate account of all expenses thus 
 incurred, and present the same for allowance at any regular district meet- 
 ing. (S. 1893, S. 5800.) 
 
 Sec. 33. (8113-S.) No Sectarian Doctrine, Etc., Taught. No sectarian 
 or religious doctrine shall be taught or inculcated in any of the public schools 
 in this state, but nothing in this section shall be construed to prohibit the 
 reading of the Holy Scripture. (S. 1893, S. 5801.) 
 
 Sec. 34. (8114-S.) Not Taxable. All property held by the school district 
 of any school district in this State for the use of public, schools shall be 
 exempt from taxation, and shall not be taken in any manner for any debt 
 from the district. (S. 1893, S. 5802.) 
 
 Sec. 35. (8115-S.) Suspension of Pupils. The teachers may suspend 
 from the privileges of a school, any pupil guilty of immorality or persistent 
 violation of the regulations of the school, which suspension shall not ex- 
 tend beyond the current quarter of the school: Provided, That the pupil 
 suspended shall have the right of appeal from the decision of said teacher 
 10 the board of directors which shall, upon a full investigation of the charges 
 preferred against said pupil, determine as to the guilt or innocence of the 
 offence charged, whose decision shall be final. (S. 1893, S. 5803.) 
 
 Sec. 36. (8116-S.) Teachers' Daily Register. The district board shall 
 furnish each teacher with a suitable daily register, and shall visit together, 
 or by one or two of their number, all the schools of their district, at least 
 twice a term, and at such other periods during the term as in their opinion 
 the exigencies of each school may require; at which visit they shall ex- 
 amine the register of the teacher and see that it is properly kept, and en- 
 quire into other matters touching the school house, facilities for ventila- 
 tion, furniture, apparatus, library, studies, discipline, modes of teaching and 
 improvement of the schools, and confer with the teacher with regard to 
 the condtion and management, and make such suggestions as would, in 
 their view, promote the interest and efficiency of the school and the prog- 
 ress and good of the pupils. The date and result of such visits shall be en- 
 tered by the clerk of the board on their minutes. (S. 1893, S. 5804.) 
 
 Sec. 37. (8117-S.) Taxes. It shall be the duty of the school district 
 board of the various school districts of the respective counties of the Sta f e 
 to cause to be certified by the school district clerk to the county clerk of 
 their respective counties, on or before the twenty-fifth day of August, an- 
 nually, the aggregate percentage by them levied on the real and personal 
 property in each district, as returned on the assessment roll of the county; 
 and the county clerk is hereby authorized and required to place the same 
 on the tax roll of said county, in a separate column or columns, designating 
 the purpose for which said taxes were levied; and the said taxes shall 
 be collected by the county treasurer and paid over to the treasurers of the 
 respective school districts in the county, with the same power and restric- 
 tions and under the same regulations and in all respects, as to the sale of 
 real and personal property. He shall be authorized, and is hereby required, 
 to act according to the provisions and requisitions of the law for the collec- 
 
 47 
 
tions of taxes for State, county and township purposes. (S. 1893, S. 5805.) 
 (See H. B. 14, Spl. L. 1910.) 
 
 Sec. 38. (8118-S.) Penalty. Any member of any school district board or 
 county clerk or county treasurer who shall violate any of the provisions of 
 this act, shall be deemed guilty of a misdemeanor, and, upon conviction, 
 shall be punished by a fine of not less than one hundred dollars nor more 
 than five hundred, or by imprisonment in the county jail not less than six 
 months, or by both such fine and imprisonment; and any teacher who shall 
 violate any of the provisions of this act shall be liable to immediate dis- 
 missal, and it shall be the duty of the county superintendent to prosecute 
 and carry out the provisions of this section. (S. 1893, S. 5806.) 
 
 Sec. 39. (8119-S.) Disposition of Fines. All fines collected for any vio- 
 lation of this act shall be paid to the treasurer of the county where the suit 
 is brought for the support of the common schools. (S. 1893, S. 5807.) 
 
 Sec. 40. (8120.) Judgments Liability of Bond. Whenever any final 
 judgment shall be obtained against any school district, the district board 
 shall levy a tax on all taxable property in the district for the payment 
 thereof; such taxes shall be collected as other school district taxes, but 
 no execution shall issue on such judgment against the school district; and 
 in icase the district board neglect to levy a tax as aforesaid, for the space 
 of thirty days after such judgment shall become final, or in case the proper 
 officer shall neglect to collect the tax levied within the time and in the man- 
 ner provided by law, then the judgment creditor of the district may have 
 and recover a judgment against the officer or officers or his or their sure- 
 ties, so in default, for the amount due him on such judgment against the 
 district, with costs, upon which execution shall issue. (S. 1893, S. 5808.) 
 
 Sec. 41. (8121-S.) Removal of School House. That whenever a school 
 house or other improvements have been made upon the claim of any set- 
 tler upon any of the public or Indian lands, within this State, to which the 
 said settler had no title, it shall be lawful for the school directors of the 
 proper school district to remove said school house or other improvements 
 from the said claim at any time within one year from the time that the 
 settler in any given case may acquire a title to his said claim: Provided, 
 That if the said settler, in any given case, shall convey to said board of 
 school directors one acre of land upon which said school house or other 
 improvements are situated, the same shall not be removed; And, Provided, 
 Further, That if any school house shall have been built of stone, brick or 
 frame costing not less than five hundred dollars, the probate judge of the 
 county shall appoint three disinterested persons, who shall appraise and 
 condemn one acre of such land upon which said improvements shall have 
 been located, and it shall be the duty of the school directors of such dis- 
 trict to pay to the owner of such land the value of such land as found by 
 said appraisers, according to the provisions of this act. (S. 1893, S. 2809.) 
 
 Sec. 42. (8122-S.) Use of School House. The district board shall have 
 the care and keeping of the school house and other property belonging to 
 the district as hereinbefore provided. They are hereby authorized to open 
 the school house for the use of religious, political, scientific, mechanical 
 'or agricultural societies belonging in their district, under such regulations 
 as the school board may adopt. (S. 1893, S. 5810.) 
 
 Sec. 43. (8123-S.) To Audit Claims. It shall be the duty of the county 
 superintendent, on or before the first day of April, 1895, in each county to 
 audit any outstanding indebtedness that may have been contracted prior to 
 March fourteenth, 1893, by any original township school board, and ap- 
 portion the same to the State formerly comprising said school township. 
 (L. 1895, p. 238.) 
 
Sec. 44. (8124-S.) Last Assessment the Basis. The last assessment re- 
 turns of property subject to taxation within said school townships sha'll be 
 the basis for establishing a levy to pay said indebtedness. (L. 1895, p. 
 238.) (Compare this with H. B. 14, Sp. L. 1910.) 
 
 Sec. 45. (8125-S.) Special Levy. It shall be the duty of the county su- 
 perintendent at the same time to certify to the county clerk a special levy 
 in addition to the annual levy authorized by law on said property sufficient 
 to pay said indebtedness, provided such special levy shall not exceed five 
 mills in any one year, and the county superintendent shall continue to certify 
 such levies as aforesaid from year to year, as provided herein, until such 
 indebtedness is fully paid. (L. 1895, p. 238.) (See H. B. 14 Sp. L. 1910.) 
 
 Sec. 46. (8126-S.) Clerk to Extend Levies. It shall be the duty of the 
 county clerk to extend such levies on the tax rolls of the county in the same 
 manner as provided for other tax levies. (L. 1895, p. 238.) 
 
 Sec. 47. (8127-8-S.) Treasurer to Collect. The county treasurer shall col- 
 lect the taxes under such levy the same as other taxes and apply the funds 
 of each school township as fast as collected to the payment of outstanding 
 warrants of such townships in the order of their registration. (L. 1895, 
 p. 239.) 
 
 Sec. 48. (8128-S.) Residue to be Apportioned. Should there be any sur- 
 plus funds collected the county superintendent shall apportion such residue 
 to the independent districts formed out of such school townships in the ratio 
 of the last assessed valuation of the property of such independent districts 
 within said Sate. (L 1895, p. 239.) 
 
 Sec. 49. (8129-S.) To Reimburse Original District. Any independent 
 school district having in its possession any school buildings, seats, desks, 
 or school supplies, contracted for or purchased by the original school town- 
 ship under the laws of 1890, for the use of such school districts, shall, 
 when a demand is made by the directors of a special school district as 
 created by the law of 1893, within the limits of the said township or town- 
 ships, levy a tax upon the district having in its possession said desks and 
 other supplies, to reimburse the district making such demand of its share 
 of the support paid, or debts contracted for such supply. (L. 1895, p. 239.) 
 
 Sec. 5Q. (8130-S.) Superintendent to Ascertain Indebtedness. It shall 
 be the duty of the county superintendent of such school district to ascertain 
 the proportion due such district or districts of the money paid, or debt so 
 contracted, for the purchase of said school supplies, and shall certify to the 
 clerk of the Bounty a special levy, in addition to the annual levy authorized 
 by law on said property, sufficient to pay said indebtedness: Provided, Such 
 levy shall not exceed five mills in any one year; and said superintendent 
 shall continue to certify such levy as aforesaid from year to year, as pro- 
 vided herein, until such indebtedness is fully paid. (L. 1895, p. 239.) 
 
 Sec. 51. (2131-S.) County Clerk to Extend Levy. It shall be the duty 
 of the county clerk to extend the levy on the fa* roll? of. the county in the 
 same manner as provided for other taxes. (L. 1895, p. 240.) 
 
 Sec. 52. (8132-S.) County Treasurer to Collect. The county treasurer 
 shall collect such levy the same as other taxes, and apply the funds to the 
 several districts to which the same may be due, as shall be certified to his 
 office by the county clerk, based upon said report of the county superin- 
 tendent. (L. 1895, p. 240.) 
 
ARTICLE X. 
 County High Schools. 
 
 SECTION 
 
 1. Counties May Establish County High 
 
 School. 
 
 2. Petition for Election Notice of Election. 
 
 3. Repeal Effect of. 
 
 4. Election How Held Board of Trustees 
 
 How Selected Bond of. 
 
 5. Organization of Board Quorum. 
 
 6. Trustees to Make Estimate for Levy 
 
 Liability. 
 
 7. How Collected. 
 
 SECTION 
 
 8. Treasurer of High School. 
 
 9. Selecting Site. Buildings Trustese. 
 
 10. Selecting Teachers. 
 
 11. Rules and Regulations. 
 
 12. Pupils from Other Counties. 
 
 13. Principal to Goverrn School. 
 
 14. Graduates May Enter State College. 
 
 15. Annual Report of Trustees. 
 
 16. Board of Trustees. 
 
 17. Salary of Secretary and Treasurer. 
 
 Sec. 1. (8133-S.) Counties May Establish High Schools. Each county in 
 the State of Oklahoma having a population of six 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. (L. 1901, p. 187.) 
 
 Note. This is repealed by Sec. 8135. 
 
 Sec. 2. (8134-S.) Petition for Election Notices. When one-third of the 
 electors of the county, as shown by the returns of the last preceding elec- 
 tion, shall petition the board of county commissioners requesting that a 
 high school be established in their county at a place in the said petition 
 named, or whenever the said county commissioners shall in their discretion 
 think proper, they shall give twenty days' notice previous to any general 
 election, that they will submit the question to the electors of said county 
 whether such high school shall be established and at the place specified 
 at which election the electors of the county shall vote by ballot for or against 
 establishing such high school. The notice contemplated in this section shall 
 be given as are legal notices of a general or special election. (L. 1901, 
 p. 187.) 
 
 Sec. 3. (8135-S.) Repeal Effect of. That Sections one (11) (8133) and 
 two (2) (8134) of an act to authorize the establishment and miirtenarce 
 of county high schools, approved March 18, 1901, be, and the same are, here- 
 by repealed. Provided that the passage of this act shall not, in any man- 
 ner, affect any county in this State that hertofore shall have established 
 a county high school, or any county that within sixty (60) days prior to the 
 passage and approval of this act shall have held an election under the pro- 
 visions of Article one (1), Chapter twenty-eight (28), Session Laws of 1901, 
 relating to the creation, establishment and maintenance of county high 
 schools, and in such counties that have held an election within the sixty 
 (60) days just mentioned, wherein majority of the votes cast at said elec- 
 tion in said county, have been for the creation, establishment, and mainten- 
 ance of a county high school at some point in such county. The passage 
 of this act shall in no wise affect the creation, establishment and mainten- 
 ance of a county high school in such counties, and such county or the peo- 
 ple thereof, as provided by law, shall have the power and authority to pro- 
 ceed to the full creation, establishment and maintenance of such high school 
 the same as if this act had never been passed. (L. 1909, S. B. 4, Approved 
 Feb. 26, 1909.) 
 
 Sec. 4. (8136-S.) Election How Held Board of Trustees. Said election 
 shall be held in the same manner as are elections for county officers; ano 
 the voters on said question shall be canvassed in the same manner as in 
 the election of county officers, and if a majority of all the votes cast shall 
 
 50 
 
be in favor of establishing such high school, the county commissioners shall 
 immediately proceed to appoint six persons, who shall be residents and 
 freeholders of the county, but not more than three of whom shall be resi- 
 dents of the same township or city or members of the same political party, 
 who shall with the county superintendent of public instruction, constitute 
 the board of trustees for such school. Each of said trustees, appointed as 
 aforesaid, shall hold his office for a term of one year or until his successor 
 is appointed and qualified and shall be required in ten days after his ap- 
 pointment to qualify by taking the usual oath of office, and by giving such 
 bond as may be required by said board of county commissioners for the 
 faithful discharge of such duties. (L. 1901, p. 188.) 
 
 Sec. 5. (8137-S.) Organization of Board Quorum. The county superin- 
 tendent shall, by virtue of his office, be president of said board of trustees. 
 At the first meeting of said board of trustees in each year they shall ap- 
 point from their own members a secretary and treasurer who shall perform 
 the duties devolving upon such officers and shall give such additional bond 
 as the county commissioners shall deem sufficient. A majority of said board 
 shall constitute a quorum for the transaction of all business, but four 
 votes in the affirmative or negative shall be required to decide any question. 
 (L. 1901, p. 188.) 
 
 Sec. 6. (8138-S.) Trustees to Make Estimate for Levy. At said first 
 meeting or at some suceeding meeting called for such purpose prior to the 
 fifteenth day of June of each year, the trustees shall make an itemized es- 
 timate of the amount of funds needed for payment of teachers' wages and 
 for payment of contingent expenses, and they shall present to the board of 
 county commissioners a certified estimate of the rate of tax required to 
 raise the amount desired for such purpose, and the county commissioners 
 shall cause the same to be extended upon the tax rolls and collected as other 
 taxes and when collected, the same shall be paid to the treasurer of said 
 board of trustees to be paid out by him on the order of said board of 
 trustees. But in no case shall the tax for teachers' wages and contingent 
 expenses exceed in any one year three mills on the dollar on the taxable 
 property of the county. All indebtedness created by said board of trustees 
 for the purpose above mentioned in excess of eighty per cent of the tax 
 so levied shall be void as against said fund but may be recovered from the 
 individual members voting to create the same. (L. 1903, p. 260.) 
 
 Sec. 7.. (8139-S.)How Collected. 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 treas- 
 urers. (L. 1901, p. 189.) 
 
 Sec. 8. (8140-S.) Treasurer of High School Duties Report. The said 
 treasurer of the high school shall receive from the county treasurer and 
 from other parties all moneys that belong to the funds of said school, and 
 shall pay out. the same only by direction of the board of trustees, upon or- 
 ders duly signed by the president and countersigned by the secretary, stating 
 the purpose for which they were drawn. Both secretary and treasurer shall 
 keep an accurate account of all moneys received and expended for said 
 school, and at the close of each year or oftener if required by the board of 
 trustees, they shall make a full statement of the financial affairs of the 
 school. (L. 1901, p. 189.) 
 
 Sec. 9. (8141-S.) Selecting Site Buildings Trustees May Issue War- 
 rant to Pay for Same. The board of trustees shall proceed as soon as practi- 
 cable to select the best site that in their judgment can be obtained for the 
 location of said school building without expense to the county, they shall 
 then proceed to advertise for plans and specifications for said county high 
 
 51 
 
school building and after accepting or deciding on some plan shall adver- 
 tise for bids for the erection of necessary school buildings and let the con- 
 tract 'for the erection of said buildings, or they may proceed to make pur- 
 chases of material and let the contract for the construction of the same. 
 The board of trustees shall purchase the necessary furniture to furnish said 
 building when completed, together with necessary heating and plumbing 
 apparatus and necessary sewerage. They may, after making the contracts 
 for the building and furnishing of such building, including heating plumb- 
 ing and sewerage, issue warrants for the amount of the same payable in 
 equal annual installments of not less than five nor more than twenty years, 
 drawing interest at the rate of six per cent per annum, interest payable 
 semi-annually on the first days of January and July of each year, said war- 
 rants shall be signed by the president and secretary of said board of trus- 
 tees, and have the seal of said board impressed thereon; they shall also 
 be endorsed by the county clerk, that they are issued according to law and 
 by him registered in a book to be provided for that purpose; the warrants 
 issued for the payments of the school buildings, furniture, heating, plumb- 
 ing and necessary sewerage shall be divided into payments so that no tax 
 levy for the payment of any annual installments and interest shall exceed- 
 three mills on the dollars valuation of said county for one year. Sep- 
 arate warrants may be issued for the building of school building and for 
 the furnishing, keating, plumbing, and sewerage: Provided, however, that 
 the total cost of said building, heating, plumbing and sewerage shall not 
 exceed one and one-half per centum of the assessed valuation of said county 
 for the year in which said county voted to erect and maintain a county 
 high school. The warrants provided for to be issued by this section shall 
 be sold at not less than par, the money derived from the sale of warrants 
 issued to pay for the buildings, furniture, heating and plumbing, and for 
 necessary sewerage shall be turned over to the county treasurer, and be by 
 him paid out on the order of the board of trustees on a warrant properly 
 signed by the president and secretary of said board. The county commis- 
 sioners of the county wherein said county high school is located shall at 
 their meeting in July of each year, provide a tax levy for the payment of 
 said warrants and the interest thereon as they become due and payable, 
 and they shall be a lien on said tax levy, and be paid by the county treasurer 
 out of the same when collected. The board of trustees at their discretion 
 may lease suitable buildings for the use of the high school until the erec- 
 tion of new buildings, the rent to be paid out of the fund created by this 
 act. (L. 1903, p. 260.) (See H. B. 14, Sjl. L. 1910.) 
 
 Sec. 10. (8142.-S.) Selecting Teachers. The board of trustees shall em- 
 ploy a suitable person who shall take charge of said school and teach the 
 same and shall be known as the principal of such school; and the trustees 
 shall furnish such assistant teachers as they may deem necessary, and shall 
 provide for the salaries thereof: Provided, That no member of the board 
 of trustees or the wife, son or daughter of such member shall be employed 
 as principal or teacher in such school. 
 
 Sec. 11. (8143-S.) Rules and Regulations. Tuition shall be free to all 
 pupils residing in the county where the school is located. The board of 
 trustees shall make such general rules and regulations as they deem proper 
 in regard to age and grade of attainments essential to entitle pupils to ad- 
 mission in such high school who shall not have passed a satisfactory ex- 
 amination in all the work of the district schools of the county in which 
 such school is situated. If there should be more applicants than can be ac- 
 commodated at any one time in such high school, each district shall be en- 
 titled to send its equal proportion of pupils according to the number of 
 pupils it may have, as shown by the last report of the county superinten- 
 
 52 
 
dent of public instruction; the board of trustees shall designate such pupils 
 as may attend subject to the proviso above: Provided, Further, When the 
 board of trustees shall deem the same expedient they may provide separate 
 school facilities and teachers for pupils of colored or mixed blood who are 
 otherwise qualified for admission to such high school. (L. 1901, p. 190.) 
 
 Sec. 12. (8144-S.) Pupils from Other Counties. If at any time the school 
 can accommodate more pupils than apply for admission from that county in 
 which the school is situated the vacancy may be filled by applicants from 
 other counties upon the payment of such tuition as the board of trustees 
 may prescribe, but at no time shall such pupils continue in school to the 
 exclusion of such pupils residing in the county in which such school is lo- 
 cated. (L. 1901, p. 191.) 
 
 Sec. 13. (8145-S.) Principal to Conduct and Govern School. The prin- 
 cipal of such high school with the approval of the board of trustees, shall 
 make such rules and regulations as he may deem proper in regard to the 
 studies and conduct and government of pupils in such school; and if the 
 pupils will not conform to nor obey the rules of the school, they may be 
 suspended or expelled therefrom by the principal of said school subject 
 to the approval of the board of trustees: Provided, That the principal shall 
 have power to temporarily suspend. (L. 1901, p. 191.) 
 
 Sec. 14. (8146-S.) Graduates May Enter State College. Those graduat- 
 ing from the normal course in the county high school shall be entitled to a 
 teachers* second grade certificate and shall be admitted to the first year 
 of professional work at the Normal Schools without further examination; 
 and those graduating from the collegiate course shall be entitled to admis- 
 sion to the freshman class of the State University and the State Agricultural 
 and Mechanical College without further examination. (L. 1901, p. 191.) 
 
 Sec. 15. (8147-S.) Annual Report of Trustees. The board of trustees 
 shall annually on the first day of July of each year, make a report to the 
 county commisioners, which report shall specify the number of students 
 attending the high school during the year, their sex, and the number of 
 branches taught, the text books used, the number of teachers employed, the 
 salaries paid and the amounts expended respectively for library, apparatus, 
 building, and for all other purposes; also the amount of funds on hand, the 
 debts unpaid, if any; the amounts due, if any; and all other information im- 
 portant or expedient to report. Such report shall be printed in at least one 
 newspaper of the county, if any is published therein, and a copy of the re- 
 port shall be forwarded to the State Superintendent of public instruction. 
 (L. 1901, p. 192.) 
 
 Sec. 16. (8148-S.) Board of Trustees Vacancies. The county com- 
 missioners shall have power to fill any vacancy that may occur in the 
 board of trustees. (L. 1901, p. 192.) 
 
 Sec. 17. (8149-S.) Salary of Secretary and Treasurer. The county com- 
 missioners shall allow the secretary and treasurer of the board of trustees 
 a salary not to exceed fifty dollars per annum each; and the same to be 
 audited and paid in like manner as other claims by the said board of trus- 
 tees. Said trustees shall not be entitled to nor receive any other additional 
 remuneration. (L. 1901, p. 192.) 
 
ARTICLE XI. 
 Kindergartens. 
 
 SECTION" 
 
 1. Kindergartens may be Established. 
 
 2. Same as Above. 
 
 3. Kindergarted Defined. 
 
 SECTION 
 
 4. Teachers Trained Normal School. 
 
 5. Kindergarten Census. ) 
 
 6. Teacher's Qualifications. 
 
 Sec. 1. (8150-S.) Kindergartens May be Established. The directors of 
 any school district, boards of education or other duly authorized, appointed, 
 elected or qualified public school officer, of any town, city or school district, 
 having a population of two thousand five hundred or more, may establish 
 and mantain kindergartens in connection with the public schools under their 
 jurisdiction, for all children between the ages of four and six years. (L. 1903, 
 P. 257.) 
 
 Sec. 2. (8151-S.) S^me as Above. The school authorized in each and 
 every town or city of over twenty-five hundred inhabitants as shown by 
 the last federal census or any subsequent census authorized by the State 
 may establish and maintain a complete kindergarten system for all children 
 between the ages of four and six years. (L. 1903, p. 257.) 
 
 Sec. 3. (8152-S.) Kindergarten Defined. The term kindergarten shall 
 be construed to mean the application of the methods of Froebel or some 
 approved American development of said methods, and no merely subprimary 
 grades for children under six years of age shall be established under the 
 authority of this act. (L. 1903, p. 257.) 
 
 Sec. 4. (8153-S.) Teachers Trained Normal School. Within one year 
 after the provisions of this act shall become law, provisions shall be made 
 or department established for the training of kindergarten teachers in the 
 normal schools of the state. 
 
 Sec. 5. (8154-S.) Kindergarten Census. Whenever a city, town or school 
 district shall have established kindergartens in connection with its public 
 school system as provided for by sections 8150 and. 8151 of this act, the 
 school oficials of each city, town or school district shall cause (a census) 
 to be taken of all pupils between the ages of four and six years and report 
 said census duly certified by the clerk of said board of education, or clerk 
 of school district to the county superintendent who shall certify report of 
 said census to the State superintendent of public instruction. *Upon re- 
 ceipt of said report the State superintendent of public instruction shall ap- 
 portion the funds arising from rentals on school lands in the same manner 
 now accorded to other schools except that such aid shall inure to the dis- 
 trict maintaining the kindergartens and on the basis of enumeration. 
 
 *Note. This last provision is repealed by Sec. 1 of S. B. No. 259, Ses- 
 sion Laws of 1908, p. 666. This is the opinion of the school land attorney 
 to the school land commission. 
 
 Sec. 6. (8155-S.) Teachers' Qualifications. All applicants for position 
 in kindergartens maintained by said towns, city or school district shall be 
 graduates of an accredited kindergarten normal school and subject to any 
 examination instituted by the State Superintendent of public instruction. 
 (L. 1903, p. 258.) 
 
 54 
 
ARTICLE XII. 
 Union or Graded School. 
 
 SECTION 
 
 1. Union of Two or More Districts. 
 
 2. Board of Union Districts. 
 School Funds. 
 
 May Levy Tax. 
 
 Apportionment of School Money. 
 Clerk. 
 Treasurer. 
 
 Graded District Schools. 
 Annual Meeting. 
 
 3. 
 
 4. 
 
 5. 
 
 6. 
 
 7. 
 
 8. 
 
 9. 
 10. 
 11. 
 12. 
 
 Existing Law to Apply. 
 Majority of Vote to Decide Site. 
 Contracts. 
 
 SECTION 
 
 13. No Sectarian Doctrine. 
 
 14. Voters Meeting of. 
 
 15. County Superintendent shall Declare 
 
 Districts Disorganized. 
 
 16. Officers of Consolidated District. 
 
 17. Board Powers and Duty of. 
 18. w Bonded Indebtedness. 
 
 19.^ Disorganized Districts Property of. 
 
 20. Annual Meeting. 
 
 21. Laws Applicable. 
 
 22. Consolidated District. 
 
 Sec. 1. (8156-S.) Union of Two OP More Districts. Whenever the in- 
 habitants of two or more school districts may wish to unite for the purpose 
 of establishing a graded school in which instruction shall be given in the 
 higher branches of education, the clerks of the several districts, shall, up- 
 on written application of one-third of the voters of the respective districts, call 
 a meeting of the voters of such districts, at some convenient place by posting 
 up written notices thereof, in like manner as provided for calling district 
 meetings, and if a majority of the voters in each of the two or more dis- 
 tricts shall vote to unite for the purpose herein stated, they shall at that 
 meeting, or at an adjourned meeting, elect a board of directors, consisting 
 of a director, clerk and treasurer. (L. 1-895, p. 242.) 
 
 Sec. 2. (8157-S.) Board of Union District. The board of directors pro- 
 vided in the preceding section shall, in all matters relating to the graded 
 schools, possess all the powers and dis-charge all the like duties of the 
 district board of directors, as prescribed in this act. (L. 1895, p. 243.) 
 
 Sec. 3. (8158-S.) School Funds. The union or graded school district 
 thus formed shall be entitled to an equitable share of the school funds, to 
 be drawn from the treasurer of each district so uniting, in proportion to 
 the number of children attending the said graded school from each district. 
 (L. 1895, p. 243.) 
 
 Sec. 4. (8159-S.) May Levy Tax. The said union district may levy taxes 
 for the purpose of purchasing a building or furnishing p/oper buildings for 
 the accommodation of the school, or for the purpose of defraying neces- 
 sary expenses and paying teachers, but shall be governed in all respects 
 by the law herein provided for levying and collecting district taxes. (L. 1895, 
 p. 243.) 
 
 Sec. 5. (8160-S.) Apportionment of School Money. The clerk of the 
 union district shall report in writing to the treasurer of each school dis- 
 trict uniting in the union district the number of scholars attending the 
 graded school from his district, their sex, and the branches studied; and 
 the said district treasurer shall apportion the amount of school money due 
 the union district and pay the same over to the treasurer of the union dis- 
 trict on order of the clerk and director thereof. (L. 1895, p. 243.) 
 
 Sec. 6. (8161-S.) Clerk. The clerk of the union district shall make a 
 report to the county superintendent of public instruction and discharge 
 all the duties of clerk in like manner as clerk of the district. (L. 1895, p. 
 243.) 
 
 Sec. 7. (8162-S.) Treasurer. The treasurer of the union district shall 
 perform all the duties of treasurer as prescribed in this act in like manner 
 as the district treasurer. (L. 1895, p. 243.) 
 
 55 
 
Sec. 8. (8163-S.) Graded District Schools. Any single district shall 
 possess power to establish graded schools, subject to the provisions of the 
 article in like manner as two or more districts united. (L. 1895, p. 244.) 
 
 Sec. 9. (8164-S.) Annual Meeting. The annual meeting of union or 
 graded school districts shall be held on the last Wednesday in June at such 
 hour as may be indicated by the board. (L. 1895, p. 244.) 
 
 Sec. 10. (8165-S.) Existing Law to Apply. Article 6, Chapter 73, of the 
 Statutes of Oklahoma Territory, being an act for the support and regula- 
 tion of common schools shall apply to, and be made a part of this act, for 
 the purpose therein named. (L. 1895, p. 244.) 
 
 Sec. 11. (8166-S.) Majority Vote to Decide Site. No part of the 
 Statutes of Oklahoma shall be construed so as to prevent the location of 
 the site for a school house in union or graded school districts by a majority 
 of the electors of said union or graded s>chool districts. (L. 1895, p. 244.) 
 
 Sec. 12. (8167-S.) Contracts. No expenditure involving an amount 
 greater than two hundred dollars shall be made except in accordance with 
 the provisions of a written contract, and no contract involving an expendi- 
 ture of more than five hundred dollars for the purpose of erecting any pub- 
 lic buildings or making any improvements shall be made except upon sealed 
 proposals and to the lowest responsible bidder. (L. 1895, p. 244.). 
 
 Sec. 13. (8168-S.) No Sectarian Doctrine. No sectarian doctrine shall 
 be taught or inculcated in any of the public schools of the union district; 
 but the Holy Scriptures, without note or 'comment, may be used therein 
 at the discretion of each teacher. (L. 1895, p. 244.) 
 
 Sec. 14. (8169-S.) Voters Meeting of Consolidation of Districts. 
 Meetings of the voters of any two or more adjacent school districts may 
 be called in their resective districts for the purpose of voting on the pro- 
 position of uniting with the other said adjacent districts for the purpose 
 of establishing a consolidated school, said call to be made in the same 
 manner as provided by law for the calling of special district meetings. If 
 a majority of the votes cast in each of said districts shall be in favor of 
 such consolidation, then the clerk of each of said districts shall thereupon 
 make a written report of such action to the county superintendent of the 
 county in which said districts are located. The vote in each district shall 
 be made conditional upon its carrying in all of said districts: Provided, 
 That unorganized territories and legally organized school districts con- 
 taining a school population of one hundred persons or more may organize 
 under the provisions of this act. (L. 1907-8, p. 670.) (Amended Section 
 1, Article 1, Chapter 33, Session Laws 1905.) 
 
 Sec. 15. (8170-S.) County Superintendent May Declare Districts Dis- 
 organized. The county superintendent shall, upon receipt of the reports 
 as provided in section 8169 of this act, declare said districts disorganized 
 and shall form a consolidated district composed of the several districts 
 voting to unite, and he shall designate a time and place for the meeting 
 of the voters of the said districts so disorganized for the purpose of electing 
 officers and completing the organization of said consolidated district. He 
 shall give notice of said meeting by posting written or printed notices, 
 stating the time, place and purpose of said meeting in at least three public 
 places in each of the disorganized districts not less than ten days prior 
 to the time of meeting; Provided, That in the formation of consolidated 
 districts comprising territory lying in more than one county, the county 
 superintendents of said counties shall act together in the same manner as 
 provided by law in the formation and control of joint districts, and at said 
 meeting of the voters of the newly organized school district, shall select a 
 building site as near the center of population of such consolidated district 
 as practicable. (L. 1905, p. 359.) 
 
Sec. 16. (8171-S.) Officers of Consolidated Districts. The officers of 
 each consolidated school district shall be a director, a clerk and a treasurer, 
 who shall constitute a district board and who shall be elected, ai,d hold their 
 respective offices as follows: At the meeting provided for in Section 8170 
 of this act, there shall be elected a director who shall hold his office until 
 the third annual meeting thereafter, and a clerk who shall hold his office 
 until the first annual meeting thereafter, and thereafter at each annual 
 meeting there shall be elected one member of the board in place of the 
 outgoing member who shall hold his office -for three years and until his 
 successor is elected and qualified: Provided, That where more than two 
 districts unite not more than one member of the board shall be elected from 
 the territory of any one of the disorganized districts. (L. 1895, p. 360.) 
 
 Sec. 17. (8172-S.) Board Powers and Duties of. The powers and duties 
 of the district board herein provided and of its several officers shall be 
 the same as those provided by law for school district boards and their sev- 
 eral officers, and in addition, it shall be the duty of said district board to 
 provide transportation to and from school for all pupils living one and one- 
 half miles or moer therefrom, in suitable vehicles of ample size, with com- 
 fortable seats arranged to conform to the sizes of the pupils to be carried 
 with an adjustable cover for the comfort and protection of the pupils, 
 drawn by stout, gentle teams and driven by adult persons of good moral 
 character, who shall have control of said pupils during their transportation. 
 (L. 1905, p. 360.) 
 
 Sec. 18. (8173-S.) Bonded Indebtedness. If any s-chool district uniting 
 to form a consolidated district shall have, at the time of its disorganiza- 
 tion a legally bonded indebtedness, such indebtedness shall attach to and 
 become a charge against the territory comprised in such disorganized dis- 
 trict at the time of the disorganization, and it shall be the duty of the 
 county commissioners of the county or counties in which such territory is 
 located to cause annually to be levied upon the property real and personal 
 in such disorganized territory, a tax sufficient to meet the interest and pro- 
 vide a sinking fund for the payment of such indebtedness: Provided, That 
 the assets and property of any disorganized district having an indebtedness 
 shall first be applied in payment of its floating indebtedness, if any, and 
 then its bonded indebtedness, and the residue, if any, shall belong to the 
 consolidated district. (L. 1905, p. 360.) 
 
 Sec. 19. (8174-S.) Disorganized District Property of. The school prop- 
 erty of the disorganized districts shall, upon the organization of the con- 
 solidated district, become the property of said district except as herein- 
 before provided, and the district board of said district is hereby authorized 
 to dispose of said property to the best interests of said districts. (L. 1905, 
 p. 361.) 
 
 Sec. 20. (8175-S.) Annual Meeting. The annual meeting of said con- 
 solidated district shall be held on the same date as fixed by law for holding 
 the annual school meetings of each year at the school house belonging to 
 said district, at two o'clock p. m., and they shall have such powers and 
 duties as are by law provided for annual school district meetings. (L. 1905, 
 p. 361.) 
 
 Sec. 21. (8176-S.) Laws Applicable. In all matters relating to con- 
 solidated school districts not provided for in this act, the. law relating to 
 school districts shall be in force where said laws are applicable. (L. 1905, 
 p. 361.) 
 
 Sec. 27. (8177.) Consolidated Districts. A consolidated district, when 
 
 formed, shall be known as Consolidated School District No , County 
 
 of , State of Oklahoma, and shall be a body corporate with 
 
 power to sue and be sued. (L. 1905, p. 362.) 
 
 57 
 
ARTICLE XIII. 
 Normal Institutes. 
 
 SECTION 
 
 1. Annual Institute. 
 
 2. Conductor and Instructor. 
 
 3. Fees and Expenses. 
 
 4. Custodian of Fund. 
 
 5. Superintendent's Reports. 
 
 6. Disbursements. 
 
 7. Moneys not Paid Except When. 
 
 8. Certificates Renewed. 
 
 SECTION 
 
 9. Superintendents not Conductors Where. 
 
 10. Union Institutes. 
 
 11. Negro Teachers Separate Institute. 
 
 12. Annual Reports. 
 
 13. Conductor's Reports. 
 
 14. Conductor's Failure to Report. 
 
 15. Superintendent Violating this Act. 
 
 Sec. 1. (8178-S.) Annual Institute. The county superintendents of pub- 
 lic instruction shall hold annually in their respective -counties, for a term 
 of not less than two weeks nor more than four weeks, ending on the last 
 Friday of June, July or August, a normal institute for academic and pro- 
 fessional instruction of teachers, and those desiring to teach: Provided, 
 That two or more 'Counties may be united in holding one normal institute 
 each year, as hereinafter provided. (L. 1907, p. 675.) 
 
 Sec. 2. (8179-S.) Conductor and Instructor. The county superintendents 
 of public instruction shall determine the time, length of term and the place 
 of holding their annual sessions, in -conformity with section 8178 hereof; 
 and shall select and employ a conductor and instructors for the same: 
 Provided, That all such contracts for conductor and instructors shall be 
 approved by the State superintendent of public instruction before such con- 
 tracts are valid. (L. 1907, p. 675.) 
 
 Sec. 3. (8180-S.) Fees and Expenses. To defray the expenses o-f su-ch 
 institute sessions the county superintendents of public instruction shall 
 require the payment of a uniform fee of not less than one dollar nor more 
 than three dollars by each person enrolled in said institute; that they shall 
 further require the payment of the fee of two dollars by each applicant for 
 a teacher's certificate; and, that in addition to such sum, the county com- 
 missioners shall, upon recommendation of the county superintendents of 
 public instruction, allow a sufficient sum, not to exceed two hundred dol- 
 lars ($200.00) for each institute, to be paid out of any fund of the county 
 not otherwise appropriated. (L. 1907-8, p. 675.) 
 
 Sec. 4. (8181-S.) Custodian of Fund. The sum thus created shall be 
 designated the "Normal Institute Fund," and the county treasurer shall be 
 the custodian thereof. (L. 1907-8, p. 676.) 
 
 Sec. 5. (8182-S.) Superintendent's Reports. The county superinten- 
 dents of public instruction shall, at the close of each regular teacher's ex- 
 amination, and at the close of each teachers' normal institute, transmit to 
 the county treasurer all moneys received by said superintendents, as pro- 
 vided in section 8180 of this act, together with the name of each person so 
 contributing, the amount in each case, and the county treasurer shall place 
 all moneys to the credit of the normal institute fund. (L. 1907-8, p. 676.) 
 
 Sec. 6. (8183-S.) Disbursements. -All disbursements of the normal in- 
 stitute fund shall be upon written order of the county superintendents of 
 public instruction, and no order shall be drawn upon said fund, except as 
 accompanied by a written and itemized statement of services rendered or 
 expenses incurred, and no order shall be drawn in favor of the county su- 
 perintendents of public instruction themselves. (L. 1907-8, p. 676.) 
 
 Sec. 7. (8184-S.) Moneys Not Paid Except When. No county superinten- 
 dents of public instruction shall pay moneys from the before mentioned 
 fund to any conductor or instructor unless the said -conductor or instructor 
 shall have first received an institute certificate from the State board of ex- 
 
 58 
 
aminers: Provided, That all certificates issued by the State board of edu- 
 cation shall be valid for the remainder of the term for which issued when 
 same shall have been examined and approved by the State superintendent 
 of public instruction. Provided, Further, That no county superintendent 
 shall employ, or pay moneys from the normal institute fund to any con- 
 ductor or instructor who draws salary from the federal or State govern- 
 ment. (L. 1907-8, p. 676.) 
 
 Sec. 8. (8185-S.) Certificates Renewed. County superintendents of 
 public instruction shall require both the academic and professional branches 
 to be taught in each institute session and all of them as outlined in the 
 normal institute course of study for this State, or as ordered by the State 
 superintendent of public instruction, and in the manner prescribed by him. 
 County superintendents shall renew certificates of all teachers holding valid 
 certificates to teach in the schools of this State under the laws thereof who 
 during the validity of their certificates, have attended as bona fide partici- 
 pants therein the sessions of the county teachers institutes called by the 
 county superintendents of public instruction and without examination the 
 certificates held by teachers thus attending shall be renewed once, for a 
 time equal to the original term of validity of said certificates, when the 
 fact of such attendance shall have been properly and duly certified to the 
 authority renewing such certificate: Provided, That teachers whose cer- 
 tificates are to be extended and held valid under the provisions of this act 
 shall in no case have their certificates extended unless said teachers shall 
 have attended at least 75 per cent of the sessions of the county teachers' 
 Institute: Provided, Further, That in no instance shall teachers have 
 their certificates renewed under the provisions of this act who have not 
 made a general average of at least 75 per cent in the last examination for 
 teachers' certificates at which they were examined; and Provided, Further, 
 That in no instance shall a certificate be extended under the provisions of 
 this act where the teacher holding said certificate has failed to teach for at 
 least three months in the schools of this State each year during the validi f y 
 of his or her certificate. (L. 1907-8, p. 676.) 
 
 Sec. 9. (8186-S.) Superintendents Not Conductors. Where. County 
 superintendents of public instruction shall not serve as conductors or in- 
 structors in institutes in which their counties are interested, unless thev 
 have first met the requirements set forth hi section 81 89 of this act, and 
 that in no case shall they draw pay for services as conductor in their own 
 counties. (L. 1907-8, p. 677.) 
 
 Sec. 10. (8187-S.) Union Institutes. By and with the consent of the State 
 superintendent of public instruction, two or more counties may unHe in 
 holding one normal institute each year, in one of the counties so uniting; 
 that the county superintendent of public instruction of the counties so unit- 
 ing shall agree upon the time, place and length of term of such normal in- 
 stitute, as hereinbefore provided, but that none of them shall be the con- 
 ductor or instructor of such institute session, except as provided in Section 
 (8186) hereof, and that none of such superintendents of rmblio instruction of 
 any of the counties so forming such joint normal institutes, shall be eligible 
 to draw as salary, or otherwise, any moneys from such normal institute 
 fund; and that the county treasurer of the county in which such joint nor- 
 mal institute is held, shall be the legal custodian of such fund for that 
 session; and that the county superintendent of PubMo instruction of the countv 
 in which such joint normal institute is held shall draw and sign all orders 
 upon such fund for the joint sesion of such normal institute; and that the 
 county commissioners in each of said counties so uniting, shall be subject 
 to the provisions of Section f 81800 . except that they shall not appropriate to 
 the normal institute fund to exceed one hundred dollars ($100.00) from each. 
 
 59 
 
of said counties so united; and that, at the close of such joint normal in- 
 stitute session, each county treasurer shall again be the custodian of all 
 such funds in his county; and that no contracts shall be entered into by any 
 two or more county superintendents for a period longer than two years, but 
 that at the end of each two years such contracts may be renewed as here- 
 inbefore provided. (L. 1907-8, p. 677.) 
 
 Sec. 11. (8188-S.) Negro Teachers Separate Institutes. All teachers of 
 the negro race shall attend separate institutes from those for teachers of 
 the white race, and in all counties where the number of teachers, of either 
 race, is less than twenty-five desiring to attend such institute, they shall 
 have the right and privilege to attend any institute for their race, or to be 
 united with the teachers of their race in any other adjacent county, under 
 the provisions of Section (8187) and that they be given equal facilities with 
 the other race, in such county or counties, and their conductor and instruc- 
 tors shall be of their own race, pay their own conductor and instructors and 
 that they shall receive their pro rata of all appropriations made by the 
 county commissioners for institute fund in their county or counties, accord- 
 ing to the actual attendance thereof. (L. 1907-8, p. 678.) 
 
 Sec. 12. (8189-S.) Annual Reports. The county superintendents of pub- 
 lic instruction of the respective counties of Oklahoma shall annually make 
 a complete, report to the State superintendent of public instruction, on 
 blanks provided for the same and furnished by him, all data relative to in- 
 stitutes; as, exact time of holding the session, length of the term, place 
 town and county name of conductor and instructors, and any other infor- 
 mation required by State superintendent of public instruction, which report 
 must be filed at the capital not later than the first Friday of April of each 
 year. (L. 1907-8, p. 678.) 
 
 Sec. 13. (8190-S.) Conductors' Reports. All conductors of teachers* in- 
 stitutes in the respective 'Counties of this State, shall, at the close of such 
 session, and before full compensation for such work is received, make out 
 in duplicate form a full and complete report of such sessions, embracing 
 the following facts; date of opening and closing such sessions, enrollment 
 fee, number of members enrolled with their names, ages, sex, classifica- 
 t tion, grade, normal institute grade, experience in months, and any other 
 facts required by the State superintendent; also the name of the conductor 
 and instructors, the date of issue and expiration of institute certificates, 
 salary, and other compensation received, copy of the daily program used, 
 and a certified statement to the effect that the normal institute course of 
 study and the instructions of the state superintendent were followed both 
 in word and in spirit during such session together with any recommenda- 
 tions or suggestions to said State superintendent tending to the betterment 
 of the course of study of the work for the succeeding institute year of June, 
 July or August. A copy of this report shall be filed by such conductors im- 
 mediately at the close of such institute session with the respective county 
 superintendents, to become a part of their office record, and a duplicate 
 copy shall be transmitted by mail by such conductors to the state super- 
 intendent of public instruction to become a part of his office record on the 
 same. (L. 1907-8, p. 679.) 
 
 Sec. 14. (8191-S.) Conductor's Failure to Report. Any conductor who 
 shall fail to comply* with all the provisions of this act shall be subject to 
 to the revocation of his normal institute certificate by the State superinten- 
 dent of public instruction of this State. (L. 1907-8, p. 679.) 
 
Sec. 15. (8192-S.) Superintendent Violating This Act. Any county su- 
 perintendent who shall in any manner violate the provisions of this act, 
 upon conviction thereof shall be guilty of a misdemeanor, and for the sec- 
 ond offense may be removed as is provided by law. (L. 1907-8, p. 679.) 
 
 Sec. 16. Art. 9, of Chap. 73, of the Statutes of 1893, and Art. 10, of 
 Chap. 33, of the Session Laws of 1905, are hereby expressly repealed, and 
 all other acts and parts of acts in conflict herewith are repealed. (L. 1907- 
 8, pp, 679-680.) 
 
 61- 
 
ARTICLE XIV. 
 Separate Schools. 
 
 SECTION 
 
 1. Maintain Separation. 
 
 2. "Colored" Defined. 
 
 3. Separate Officers. 
 
 4. Different Colored Children at same 
 
 School Teacher Fined. 
 
 5. Private Institutions for Mixed Pupils 
 
 Misdemeanor. 
 
 6. Instructor in Same Penalty. 
 
 7. Mixed Attendance Pupils Fined. 
 
 8. Separate Schools Established Tax Levy. 
 
 9. No Separate Schools When. 
 
 10. Children Transferred When, etc. 
 
 11. County Superintendents report to County 
 
 Commissioners. 
 
 SECTION 
 
 12. County Commissioners Duties of Ad- 
 
 vertising for Bids Letting Contract. 
 
 13. Furniture and Equipment. 
 
 14. School Funds. 
 
 15. School Board to Employ Teachers. 
 
 16. Teachers How Paid School Buildings 
 
 and Sites Repairs How Made. 
 
 17. District Boards to Settle with Commis- 
 
 sioners When Penalty for Non- 
 Settlement. 
 
 18. District Clerk, County Clerk and County 
 
 Treasurer to Keep Records. 
 
 Sec. 1. (8193-S.) Maintain Separation. The public schools of the State 
 of Oklahoma shall be organized and maintained upon a complete plan of 
 separation between the white and colored races with impartial facilities for 
 both races. (L. 1907-8, p. 694.) 
 
 Sec. 2. (8194-S.) "Colored" Construed. The term "colored" as used in 
 the first Section shall be construed to mean all persons of African descent 
 who possesses any quantum of negro blood, and the term "white" shall in- 
 clude all other persons. The term "public school" within the meaning of 
 this act, shall include all schools provided for or maintained in whole or in 
 part at public expense. (L. 1907-8, p. 694.) 
 
 Sec. 3. (8195-S.) Separate Officers. That whenever there shall be es- 
 tablished and maintained a separate school, a separate board of school of- 
 ficers shall be elected and chosen for the management of each school as 
 is provided for by law for the election of other school officers. In districts 
 having separte school boards, the electors of each separate race tiall meet 
 as now provided by law at their respective schools for which said directors 
 are to be elected and the electors of one race shall not participate in any 
 election pertaining to the schools of the other race. (L. 1907-8, p. 694.) 
 
 Sec. 4. (8196-S.) Colored Children and Mixed Attendance Teacher's 
 Fine. Any teacher in this state who shall willfully and knowingly allow any 
 child of the colored race to attend a school maintained for the white race, 
 or to allow any white child to attend a school maintained for the colored 
 race shall be deemed guilty of a misdemeanor and upon conviction thereof 
 shall be fined in any sum not less than ten dollars nor more than fifty 
 dollars, and his certificate shall be cancelled and he shall not have another 
 issued to him for a period of one year. (L. 1907-8, p. 694.) 
 
 Sec. 5. (8197-S.) Private Institutions For Mixed Pupils iMsdemeanor 
 It shall be unlawful for any person, corporation, or association of persons 
 to maintain or operate any college, school or institution in this State where 
 persons of the white and colored races are both received as pupils for in- 
 struction, and any person or corporation who shall operate or maintain any 
 such college, school or institution in violation hereof, shall be deemed guilty 
 of a misdemeanor and upon conviction thereof, shall be fined not less than 
 one hundred dollars nor more than five hundred dollars, and each day such 
 school, college or institution shall be open and maintained, shall be deemed 
 a separate offense. (L. 1907-8, p. 695.) 
 
 Sec. 6. (8198.) Instructor in Same Penalty. That any instructor who 
 shall teach in any school, 'College or institution where members of the 
 white race and colored race are received and enrolled as pupils for in- 
 
struction, shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof shall be fined in any sum not less than ten dollars nor more than 
 fifty dollars for each offense, and each day any instructor shall continue 
 to teach in any such college, school, or institution shall be considered a 
 separate offense. (L. 1907-8, p. 695.) 
 
 Sec. 7. (8199-S.) Mixed Attendance Pupils Fined. It shall be unlawful 
 for any white person to attend any school, college or institution where col- 
 ored persons are received as pupils for instruction; and any one so of- 
 fending shall be fined not less than five dollars nor more than twenty dol- 
 lars for each offense, and each day such a person so offends as herein 
 provided, shall be deemed a distinct and separate offense: Provided, That 
 nothing in this act shall be so construed as to prevent any private school, 
 college or institution of learning from maintaining a separate and distinct 
 branch thereof in a different locality. (L. 1907-8, p. 695.) 
 
 Sec. 8. (8200-S.) Separate Schools Established Tax Levy for Mainte- 
 nance. In all counties separate schools 'for white and colored children are 
 hereby established and such schools shall be permanently maintained and 
 the board of county commisioners shall annually levy a tax on all taxable 
 property in their respective counties, sufficient to maintain said separate 
 schools as hereinafter provided; said taxes shall be estimated, published, 
 levied and collected in the same manner as other taxes for county purposes 
 and in school districts where such separate schools are maintained no white 
 child shall attend a colored school or colored child attend a white school. 
 (L. 1901, p. 205.) 
 
 Sec. 9. (8201-S.) No Separate Schools When. That in any school dis- 
 trict in such 'County, having both white and colored children of school age, 
 where the number of such children, either white or colored, does not exceed 
 ten, and they can be transferred to schools of their own color in adjoining 
 districts as hereinafter provided, no separate schools shall be maintained. 
 (L. 1901, p. 205.) 
 
 Sec. 10. (8202.) Children Transferred to Adjoining District When 
 County Superintendent Duties of. When either the white or colored chil- 
 dren of school age in any such school district, having both white and colored 
 children of school age, who do not exceed ten in number, the county superin- 
 tendent of schools of such county, shall transfer the white or colored children 
 that are the fewer in number, to the nearest school of their own color in 
 some adjoining district, when the same can be done with the consent of 
 their parents, guardians of custodians; or without such consent, when any 
 such children can be so transferred without compelling them to travel more 
 than two and one-half miles to attend such school. And when any child is 
 so transferred to another school under the provisions of this act, the county 
 superintendent shall apportion its per capita of all school revenue, except 
 local school district tax and county separate school fund, to the school dis- 
 trict to which it is transferred, and such children shall have all the rights 
 and privileges in the school to which it is transferred, that are enjoyed by 
 children resident in such district. (L. 1901, p. 205.) 
 
 Sec. 11. (8203-S.) County Superintendent Report to County Commis- 
 sioners. That immediately after the passage and approval of the act, the 
 county superintendent of schools in each county shall ascertain what dis- 
 tricts of his county have separate schools for white and colored children, 
 the number of such children of each color of each district; and further as- 
 certain the districts, if any, maintaining separate schools that have not 
 erected school houses for both white and colored children, and report the 
 same to the board of county commissioners of his county, and in like man- 
 ner report such facts, when any other district in his county may desire to 
 establish such separate schools. (L. 1901, p. 206.) 
 
Sec. 12. (8804.) County Commissioners Duties of Advertisement for 
 Bids Letting Contract. If upon the receipt of such report the board of 
 county commissioners of such county find from such report, or any other 
 legal evidence that they may desire to consider, that any of such districts 
 so maintaining or that are entitled under this act or existing law, to main- 
 tain separate schools for white and colored children have not furnished or 
 acquired a school building for that class of children, either white or colored, 
 that are fewer in number in said district, and that such children cannot 
 be transferred to adjoining districts as provided herein, then such board 
 of county commissioners shall cause the county superintendent of schools 
 of such county to file with them a statement in writing, with the specifi- 
 cations of the kind of school house needed by the class of children that 
 are fewer in number in said district; and when such board of county com- 
 missioners have settled the plans and specifications for such building, suit- 
 able in their judgment for such purpose, they shall advertise for bids for 
 the construction of such building by notice posted in such district and pub- 
 lished at least four consecutive weeks in a newspaper published in su-ch 
 county, if any be published therein, and if no newspaper be published in 
 such county, then by posting public notices in said school district, and at 
 five other public places in said county; and such contract shall be let to the 
 lowest bidder in the same manner as other contracts are let, and the board 
 of county commissioners* shall take proper bonds for the performance there- 
 of. Such building, when completed and accepted by such board of county 
 commissioners shall be paid for by them by warrants drawn by them on the 
 separate school fund of such county. (L. 1901, p. 206.) 
 
 Sec. 13. (8205-S.) Furniture and Equipments. The school districts shall 
 furnish all schools with the same kind of furniture and equipments and give 
 equal school facilities to both white and colored children at the expense of 
 such school district, except as otherwise provided in this act. (L. 1901, 
 p. 207.) 
 
 Sec. 14. (8206-S.) School Funds. That all school funds except the county 
 separate school fund apportioned to such district shall be carried to the 
 regular account of such district. (L. 1901, p. 207.) 
 
 Sec. 15. (8207-S.) School Board to Employ Teachers. The school board 
 of such district shall employ all teachers, furnish equal school terms for all 
 schools in their districts with teachers with equal qualifications as far 
 as practicable; but no white person shall teach a colored school, or colored 
 person teach a white school. (L. 1901, p. 208.) 
 
 Sec. 16. (8208-S.) Teachers How Paid School Buildings and Sites- 
 Repairs, Etc. The teachers of the schools for that class of children, either 
 white or colored, that are fewer in numbers in any district having sepa- 
 rate schools shall be paid out of the county separate school fund; and for 
 such purpose the school district board shall draw their warrant on the 
 county clerk of their county in favor of the teachers of such separate 
 schools in such districts and the county clerk shall draw his warrant on 
 the county treasurer for such amount, which shall be paid out of the sep- 
 arate school fund of such county in the order of its registration and pre- 
 sentation: Provided, However, The county clerk shall not draw on said 
 separate school fund for any greater amount for teachers employed for any 
 district than is paid the like number of teachers for the like time by the 
 school district for teaching in the other schools of said district: Provided, 
 That no contract shall be let or allowance be made for building such 
 house in any sum in excess of the moneys or bonds of such district ex- 
 pended for the building of a school house in such district for the children 
 of the other class: Provided, Further, That such school house so built by 
 
the county may be built in any part of said district which in the judgment 
 of the board of county commissioners will be most convenient to the great- 
 est number of children for whom it is intended; and for such purpose, such 
 board of county commissioners may receive title to a proper school site, 
 by gift, purchase, or proceedings to condemn the same in the same manner 
 and with like effect as when such actions are brought by school districts. 
 
 Such county shall not be at any other or further "expense on account 
 of such building; but the school district, at its own expense, shall keep 
 such house in repair and rebuild the same if destroyed. The county shall 
 be at no expense on account of school houses, or repairing, where districts 
 at the passage of this act have s-chool house or houses for that class of chil- 
 dren, white or colored, that are the fewer in numbers in such district. 
 (L. 1901, p. 208.) 
 
 Sec. 17. (8209-S.) District Boards to Settle With County Commissioners 
 When Failure to Make Settlement Penalty. That at the regular April 
 meeting, each year, of the board of county commissioners, the school dis- 
 trict boards of all school districts maintaining separate schools for white 
 and colored children shall make a settlement with the board of county com- 
 missioners of their counties, which settlement shall show the amount of 
 money drawn for them out of such separate school fund and such other 
 facts as the board of of -county commissioners may desire to know, and file 
 therewith a statement of their needs for the ensuing year; and any school 
 board that fails to make such settlement before the time to estimate the 
 levy for annual taxes, shall be required to pay their own expenses, of all 
 kinds for separate school for the next ensuing year. (L. 1901, p. 209.) 
 
 Sec. 18. (8210-S.) District Clerk, County Clerk, and County Treasurer to 
 Keep Records. The school district clerk, -county clerk and county treasurer 
 shall keep proper and full records showing the condition of such separate 
 school fund, and each of such officers shall preserve all vouchers, warrants 
 and other orders pertaining to such fund and belonging to their respective 
 offices. (L. 1901, p. 209.) 
 
SECTION 
 
 ARTICLE XV. 
 
 Teachers and Certificates. 
 
 SECTION 
 
 Third Grade. 
 
 7. Certificates Grades When Valid. 
 
 8. Temporary When Granted. 
 
 9. Issuing Providing Penalty. 
 
 -. .County Examiners. 
 
 2. 'Examinations. 
 
 3. Grades of Certificates. 
 
 4. , First Grade. 
 
 5. Second Grade. 
 
 Sec. 1. (8211-S.) County Examiners. In each county there shall be a 
 board of county examiners composed of the county superintendent, who 
 shall be ex-officio chairman of the board, and two competent persons, hold- 
 ers of first grade certificates, or of State 'Certificates, or of diplomas from 
 some State University, Normal or Agricultural College, who shall be ap- 
 pointed by the county superintendent and shall serve from the time of their 
 respective appointments until their successors are appointed and each of 
 whom shall receive for his services the sum of three dollars per day, not 
 to exceed five days in any one quarter of the year. (L. 1903, p. 255.) 
 
 Note. This means that each one of the three members is entitled to 
 remuneration at the rate of three dollars per day. 
 
 Sec. 2. (8112-S.) Examinations. The board, two of whom shall constitute 
 a quorum, shall on the the last Thursday and Friday of January, October, 
 April and at the close of the county normal institute only at such places 
 as may be designated by the chairman (who shall give ten days notice of 
 examination) publicly examine all persons proposing to teach in the pub- 
 lic schools of the county as to their competency to teach in the branches 
 prescribed by law and such board of examiners shall issue certificates as 
 hereinafter provided, to all such applicants as shall pass the required ex- 
 amination and satisfy the board as to their good moral character and their 
 ability to teach and govern successfully. (L. 1905, p. 367.)) 
 
 Sec. 3. (8213-S.) Grades of Certificates to be Issued. Certificates issued 
 by the county board shall be of three grades, first, second and third, and 
 shall continue in force respectively three years, two years and one year. 
 (S. 1903, S. 5816.) 
 
 Sec. 4. (8214-S.) First Grade Certificates. Certificates of the first grade 
 shall certify that the person to whom issued is proficient in and fully quali- 
 fied to teach orthography, reading, writing, English grammar, composition, 
 geography arithmetic, United States history, bookkeeping, physiology and 
 hygiene, the theory and practice of teaching, civil government, elements 
 of natural philosophy; and shall not be issued to persons under twenty 
 years of age, nor to such as have not taught successfully twelve school 
 months; Provided, That no person who receives a first grade certificate 
 shall make a general average of less than ninety per cent, and in no case 
 shall a person receive a certificate of the first grade who shall fall below 
 seventy per cent in any one branch. (L. 1897, p. 273.) 
 
 Further Amended by Laws of 1908 S. B. 109 as follows: 
 
 After July 1st, 1909, no person shall teach and no certificate will be 
 granted to an applicant to teach, in the public schools receiving aid from 
 this State, who has not passed a satisfactory examination in the elements 
 of agriculture and allied branches mentioned in this Act. (L. 1908 S. B. 
 No. 109, p. 15.) 
 
 Note I. According to Sec. 2 of S. B., No. 109, of the Laws 1908, the al- 
 lied branches are horticulture, animal husbandry, stock raising, forestry, 
 building country roads; and domestic science including the elements of 
 economics. (See Laws of 1908, page 14, Sec. 2.) 
 
 Note. II. The State board of education recommends that the examina- 
 tion in U. S. history be made to include Oklahoma history and that civil gov- 
 
eminent be made to include Oklahoma constitution. The board also rec- 
 ommends that public school music and drawing be added to the list of re- 
 quirements for certificates of all grades. The subjects of agriculture and 
 domestic science are required for ail grades of certificates. (By S. B. 103, 
 L. 1908.) 
 
 Sec. 5. (8215-S.) Second Grade. Certificates of the second grade may 
 be issued to persons not less than eighteen years of age, who shall fully 
 satisfy the board as to their ability to teach all the branches prescribed 
 for first grade certificates, except bookkeeping and the elements of natural 
 philosophy, and who have taught successfully three school months: Pro- 
 vided, That no person who receives a second grade certificate shall make 
 a general average of less than eighty per cent, and in no case shall a per- 
 son receive a certificate of the .second grade who falls below sixty per cent 
 in any one branch. (L. 1897, p. 274.) 
 
 Sec. 6. (8216-S.) Third Grade. Certificates of the third grade shall cer- 
 tify that the person to whom issued is not under sixteen years of age and 
 is proficient in and fully qualified to teach all the branches prescribed for 
 a second grade certificate except civil government, and has made an average 
 of not less than seventy per cent, and not below fifty per cent in any one 
 branch, and no third grade certificate shall be issued more than twice to the 
 same person. (L. 1897, p. 274.) 
 
 Sec. 7. (8217-S.) Certificates Grades Where Valid. That no third 
 grade 'Certificate shall be in force except in the county in which it is is- 
 sued: Provided, That the county superintendent shall endorse the unex- 
 pired first grade certificate issued in any other county and all second grade 
 certificates shall be endorsed by the county superintendent of any county 
 adjoining the county in which said second grade certificate was issued, 
 which certificate shall thereby be valid in the county in which such en- 
 dorsement is made for the unexpired term of the -certificate. A certificate 
 issued under this Act may be revoked by the board of examiners on the 
 ground of immorality or for any other cause that would have justified the 
 withholding thereof, when the same was granted. (L. 1907-8, p. 688.) 
 
 Note. This repeals the former laws on the subject of indorsing cer- 
 tificates. The fee for indorsement is two dollars. 
 
 Sec. 8. (8218-S.) Temporary Certificates. The county superintendent 
 upon request made in writing by any district board, and after satisfying 
 himself by examination of the ability or proficiency of the applicant, may 
 grant a temporary certificate in case of necessity, valid only in the desig- 
 nated district, and valid only until the next regular examination by the 
 county board of examiners: Provided, That no such temporary certificate 
 shall be granted to any applicant who has failed in examination at any reg- 
 ular meeting of the board, nor shall such certificate be granted twice to the 
 same person: Provided, Further, That the county superintendent shall not 
 be compelled to charge for the issuance of temporary certificates. (L. 1897, 
 p. 274.) 
 
 Note. The fee for temporary -certificates should not exceed two dollars. 
 
 Sec. 9. (8219-S.) Issuing Certificates Unlawfully Penalty. No certi- 
 cate shall be issued by any county board or county superintendent, except 
 upon examination as provided in this act, and the county superintendent 
 or the county board of examiners who violate any of the provisions of this 
 act by issuing a certificate except as provided in this act, shall be deemed 
 guilty of a misdemeanor and upon conviction fined in the sum of not less 
 than one hundred dollars nor more than five hundred dollars. (L.1893, S. 
 5822.) 
 
 Sec. 10. Renewal of Certificates, See Art. XIII., Sec. 8, Normal insti- 
 tute. 
 
 67 
 
ARTICLE XVI. 
 Compulsory Education. 
 
 SECTION 
 
 1. What 'Unlawful Duty of Parent. 
 
 2. Duty of Board of Education Report. 
 
 3. Where Parent is Indigent. 
 
 SECTION 
 
 4. Widowed Mothers. 
 
 .*>. Violation Penalty 
 
 Sec. 1. (8220-S.) What Unlawful Duty of Parent. It shall be unlawful 
 for any parent or guardian living in the State of Oklahoma, to neglect or 
 to cause, or compel any person or persons who are, or may be, under their 
 control as children or wards, to attend and comply with the rules of some 
 public, private or other school or schools, unless other means of educa- 
 tion are provided for a term of from three to six months, in the discretion 
 of the school district board or boards of education of cities of the first 
 class, the term to be fixed by general order at the annual school meeting, 
 which shall apply to all children in the district, each successive year from 
 the time said children or wards are eight years old until they are sixteen 
 years old, unless they are prevented by mental or physical disability; the 
 question of disability being determined by the board; or by a certificate 
 to that effect from a duly licensed and practicing physician, or by reason 
 of having already become proficient in the standard studies from attendance 
 upon such private, public or other school or schools and provided that in 
 such case they shall be excused by the superintendent of a public, private 
 or other school or by the board of education of the school district in which 
 said children or wards may live at the time of such failure to attend such 
 public, private or other school or schools. (L. 1907-8, p. 393.) 
 
 Sec. 2. (8221 -S.) Duty of Board of Education. It shall be the duty of 
 the board of education of each school district to furnish to the superinten- 
 dent of all public, private or other schools in cities, or the teachers in other 
 districts, at the beginning of the first term of each school, a list containing 
 the names of all the children residing within the district who are between 
 eight and sixteen years of age, and to require a report from the superin- 
 tendent of all public, private or other schools in cities, or the teachers in 
 other districts, not less than fourteen nor more than twenty-six weeks be- 
 fore the close of the last term of school for the year; which report shall 
 contain the names of all the children between eight and sixteen years of 
 age who have attended said school and the period of such attendance. Im- 
 mediately upon receipt of this report, the board of education shall give 
 written notice to the parent, guardian or custodian of such child, or chil- 
 dren, who have not complied with the provisions of this act; that the at- 
 tendance of such child or children is required at some public, private or 
 other school; and if within five days such parent, guardian or custodian 
 of such child or children does not comply with the provisions of thii act, 
 then the board of education shall make -complaint against such parent, 
 guardian or custodian of such child or children, before any justice of the 
 peace, or other court having competent jurisdiction, -for the violation of 
 the provisions of this act: Provided, That in cities or incorporated towns 
 or villages the board of education may appoint one or more truant officers 
 whose duty it shall be to enforce the provisions of this act in the manner- 
 provided herein. (L. 1907-8, p. 393.) 
 
 Sec. 3. (8222-S.) When Parent is Indigent. If any parent, guardian or 
 custodian of any child or children is financially unable to furnish such 
 child or children with the necessary books with which to attend school, 
 then the county superintendent of public instruction of the county where 
 such parent or guardian or custodian resides, shall furnish upon the rec- 
 
 ' 68 
 
ommendation of the school district board, tjr board of education of cities 
 of the first class, books for such purpose to such child or children, which 
 books shall be furnished and paid upon the certificate of such officer by 
 the board of county commissioners of said county. (L. 1907-8, p. 394.) 
 
 Sec. 4. (8223-S.) Widowed Mothers. If any widowed mother shall make 
 affidavit to the effect that the wages of her child or children, under six- 
 teen years of age are necessary to the support of such widowed mother, 
 then the -county superintendent of public instruction may, after careful 
 investigation, in his discretion, upon the recommendation of the school dis- 
 trict board, or boards of education of cities of the first class, furnish such 
 child or children a -certificate called a scholarship, stating the amount of 
 wages such child or children are receiving, or so much of such wages as 
 shall be deemed necessary so long as such child or children shall attend 
 the" public school in accordance with the provisions of this act; which aid 
 may be allowed and paid upon the certificate of such county superintendent 
 of public instruction to the child or children holding such scholarship, by 
 the board of county commissioners of the county in which such child or 
 children reside. (L. 1907-8, p. 394.) 
 
 Sec. 5 (8224-S.) Violation Penalty for. Any person or persons violat- 
 ing the provisions of this act shall be subject to a fine of not less than ten 
 dollars nor more than fifty dollars for each and every offense; said fine 
 shall be imposed by any court having jurisdiction, and all fines so collected 
 shall be placed in the -common school fund of the district wherein the child 
 or children reside, as other fines and penalties are paid. (T.. 1907-8, p. 395.) 
 
ARTICLE XVII. 
 Miscellaneous. 
 
 SECTION 
 
 1. Three Months School. 
 
 2. Justices Shall Have Jurisdiction. 
 
 3. Penalty for Destroying Property. 
 
 4. Tax Levy for Library Fund Duties of 
 
 the Board. 
 
 5. List of Books Furnished. 
 
 6. U. S. Flag to be Displayed. 
 
 7. Board of Education shall Purchase. 
 
 8. Violation Penalty for. 
 
 9. Teaching Ethics. 
 
 10. Humanity. 
 
 11. Vivisection Prohibited. 
 
 12. Duty of School Officers. 
 
 SECTION 
 
 13. Penalty. 
 
 14. Distance. 
 
 15. Consent of School iBoard. 
 
 16. Consent of Adjoining Districts. 
 
 17. County Superintendent. 
 
 18. Money Appropriated. 
 
 19. Notice to County Clerk. 
 
 20. Apportion School Tax. 
 
 21. Temporary Transfer. 
 
 22. One Year. 
 
 23. Sinking Fund. 
 
 24. Violation of Act Misdemeanor. 
 
 Sec. 1. (8225-S.) Three Months' School. That in all school districts 
 where there is a good and sufficient school building a school shall be main- 
 tained for a period of not less than three months between the first day of 
 October and the first day of June in each year. (S. 1893, S. 5888.) 
 
 Sec. 2. (8226-S.) Justices Shall Have Jurisdiction. Justices of the peace 
 shall have jurisdiction in all cases in which a school district is a party in- 
 terested when the amount claimed by the plaintiff does not exceed his juris- 
 diction as provided by statute, and the parties shall have the right of ap- 
 peal as in other cases, and all fines and penalties not otherwise provided 
 for in this act, shall be collected by an action in any court of competent 
 jurisdiction. (S. 1893, S. 5894.) 
 
 Sec. 3. (8227-S.) Penalties for Destroying Property. Every person who 
 shall willfully injure or destroy any building used as a school house or for 
 other educational purposes, or any furniture or apparatus tnereto belonging, 
 or Who shall deface, mar or disfigure any such building, furniture or fix- 
 tures by writing, painting, cutting or pasting thereon any likeness, figures, 
 words or devices, shall be fined in a sum not less than ten nor more than 
 fifty dollars for each offense above named to be in addition to, and not in 
 lieu of, the punishment provided by the statute regulating crimes for such 
 offenses, and all fines so collected shall be paid into the county treasury 
 for the support of the common schools. (S. 1893, S. 5895.) 
 
 Sec. 4. (8228-S.) Tax Levy for Library Fund Duties of the Board. 
 That hereafter, at the time provided by law for making and certifying the 
 annual levy for taxes for school purposes each year, except as hereinafter 
 provided, the district board of each school district and the board of edu- 
 cation of each city or town in Oklahoma, shall designate, set apart and ap- 
 propriate out of the district fund, a sum of money as a library fund, to be 
 used in the purchase of books and periodicals for a public library for such 
 district, *city or town, as follows: In districts employing one teacher, not 
 less than five nor more than ten dollars each year; in districts employing 
 more than one and less than four teachers, not less than ten nor more than 
 twenty-five dollars each year; in districts employing more than three teach- 
 ers, not less than twenty-five nor more than fifty dollars each year; cities 
 of the first class, not less than fifty nor more than one hundred dollars 
 each year. The board of education of each city or town, and the district 
 board of each school district, except as hereinafter provided, shall certify 
 the appropriation herein provided to the county clerk, and the county clerk 
 shall note the appropriation on the tax rolls and certify the same to the 
 county treasurer, and he shall set apart. the sum so designated to the credit, 
 of the district, city or town appropriating the same, as a library fund: Pro- 
 vided, That districts in which the maximum levy, together with all other 
 
school funds do not yield a revenue sufficent to support a four months' 
 term of school, during any school year, shall not be subject to the provisions 
 of this act. (L. 1899, p. 228.) 
 
 Sec. 5. (8229-S.) List of Books Furnished. The county board of ex- 
 aminers of each county shall, within thirty days after the passage of this 
 act, furnish each county superintendent in Oklahoma a list of reference, 
 and literary books, together with the list price of each, and the price at 
 which they may be purchased, as near as possible, which list shall designate 
 the order of purchase and shall govern the order of purchasing, so far as 
 the funds will permit, and the county superintendent shall, within thirty 
 days thereafter, mail to the secretary of each district board in their re- 
 spective counties the list of books furnished as herein provided, together 
 with prices and other information and instruction for carrying out the pro- 
 visions of this act. The county board of examiners shall, at periods of 
 not longer than two years thereafter, furnish additional lists of suitable 
 books and periodicals to be a guide to future purchases by district boards. 
 All purchases under this act shall follow the order given by the county 
 board of examiners so far as the funds will permit, unless the lists in- 
 clude books already in the library of such school. No district board, or 
 board of education, shall -contract or pay in warrants, or otherwise, more 
 than the lowest wholesale price of the books purchased under this act, and 
 any and all warrants issued in excess of this sum shall be void as to the 
 excess. (L. 1899, p. 228.) 
 
 Sec. 6. (8230-S.) U. 3. Flags to be Displayed. Every board of educa- 
 tion of every school district board within this State shall be required to 
 own and display within the school house a United States flag. (L. 1905, 
 p. 368.) 
 
 Sec. 7. (8231-S.) Board of Education Shall Purchase. Every school dis- 
 trict board or board of education shall purchase said flag described in 
 Section one of this act with any moneys derived for school purposes not 
 otherwise specifically appropriated. (L. 1905, p. 369.) 
 
 Sec. 8. (8232-S.) Violation Penalty for. Any person charged with the 
 duty imposed by this act who shall fail to comply with the requirements 
 of the same, or shall violate this law, shall be deemed guilty of a misde- 
 meanor and upon conviction thereof shall be fined in any sum not less 
 than ten dollars nor more than one hundred dollars. (L. 1905, p. 369.) 
 Sec. 9. (8233-S.) Teaching Ethics. That in each and every public school 
 it shall be the duty of each and every teacher to teach morality in the 
 broadest meaning of the word, for the purpose of elevating and refining 
 the character of school children up to the highest plane of life; that they 
 may know how to conduct themselves as social beings in relation to each 
 other as respects right and wrong and rectitude of life, and thereby les- 
 sen wrong-doing and crime. (L. 1905, p. 378.) 
 
 Sec. 10. (8234-S.) Humanity. In each and every public school, in ad- 
 dition to the other branches of study now prescribed, not less than one- 
 half hour of each week, during the whole of each term of school, shall be 
 devoted to teaching the school children attending said school kindness to 
 and humane treatment and protection of dumb animals and birds; their' 
 lives and usefulness, and the important part they are intended to fulfill 
 in the economy of nature, and such studies on the subject as the board 
 of public education may adopt. "(.. 1905, p. 378.) 
 
 Sec. 11. (8235-S.) Vivisection prohibited. That no experiments upon 
 any living creature shall be permftted in any public school within the 
 State of Oklahoma. (L. 1905, p. 379.) 
 
 Sec. 12.. (8236-S.) Duty of School Officers. It shall be the duty of 
 the superintendent of public instruction for Oklahoma, the superinten- 
 
 71 
 
dent of public instruction of each county, the superintendent of public 
 schools of each .city, and the principal of each and every public school in 
 said State to see that the provisions of Sections (8233, 8234 and 8235) of 
 this act are strictly complied with in the public schools under his super- 
 vision. (L. 1505, p. 379.) 
 
 Sec 13. (8237-S.) Penalty. iNo teacher in the public schools of the 
 State of Oklahoma shall be entitled to receive any portion of the pub- 
 lic school moneys as compensation for services, unless such teacher shall 
 have complied with the provisions of this a^t. (L. 1905, p. 379.) 
 
 Sec. 14. (8238-S.) Transfers. When by reason of too great distance 
 from school or impassability of the roads it is better for scholars in one 
 district to attend school in an adjoining one, a temporary transfer can be 
 made in the following manner: (L. 1905, p. 381.) 
 
 Sec. 15. (8239-S.) Consent of School Board. The consent of a majority 
 of the school board in the home district must be obtained. (L. 1905, p. 381.) 
 
 Sec. 16. (8240-S.) Consent of Adjoining Board. The consent of a ma 
 jority of the school board in the district to which the parties wish to be 
 transferred must be obtained. (L. 1905, p. 381.) 
 
 Sec. 17. (8241-S.) County Superintendent. When the county superin- 
 tendent is satisfied that the above conditions are complied with he or she 
 may order the transfer. (L .1905, p. 381.) 
 
 Sec. 18. (8242-S.) Money Appropriated. When the county superin- 
 tendent permits the temporary transfer of scholars from one school dis- 
 trict to another he must apportion the State, county and district school 
 money appropriated to the person so transferred to the district to which 
 transfer is made. (L. 1905, p. 381.) 
 
 Sec. 19. (8243-S.) Notice to County Clerk. He must also notify the 
 county clerk and county treasurer of the same. (L. 1905, p. 382.) 
 
 Sec. 20. (8244-S.) Apportion School Tax. When the county clerk re- 
 ceives notice of a temporary transfer of scholars from one district to an- 
 other he must apportion the school district tax to the school district 
 transferred to. (L. 1905, p. 382.) 
 
 Sec. 21. (8245-S.) Temporary Transfer. All temporary transfers of 
 scholars from one district to another must be made at least ten days prior 
 to the annual school meeting. (L. 1905, p. 382.) 
 
 Sec. 22. (8246-S.) One Year. Temporary transfers of scholars from one 
 school district to another shall only be for one year. (L. 1905, p. 382.) 
 
 Sec. 23. (8247-S.) Sinking Fund. If by any reason of bonded indebted- 
 ness any school district by this act shall have a sinking fund, the county 
 clerk shall retain in the home district the tax levied for that purpose. 
 (L. 1905, p. 382.) 
 
 Sec. 24. (8248-S.) Violation of Act Misdemeanors. That any member 
 of any school district board or county clerk or county treasurer who shall 
 violate any of the provisions of this act shall be guilty of misdemeanor 
 and upon conviction shall be punished by a fine of not less than one hun- 
 dred nor more than five hundred dollars. (L. 1905, p. 382.) 
 
 Sec. 25. (8424-S.) Floral Emblem. That the mistletoe be hereby des- 
 ignated and adopted as the floral emblem of the State of Oklahoma. That 
 this act be immediately in force upon its passage and approval. (S. 1893, 
 S. 5990.) 
 
 Sec. 26. (135-S.) Disposition of Estrays Proceeds for School Fund. 
 Immediately after the sale of any estray the taker up shall endorse the 
 fact of such sale upon the certificate issued to him by the clerk (county 
 
 72 
 
clerk), and shall return such certificate to the 'clerk who shall note the 
 fact in connection with the other entries required by this Act to have been 
 previously noted by him in regard to such estray. At the same time the 
 taker-up shall pay into the county treasury, for the use and benefit of the 
 county school fund, one-half of the proceeds of said sale, after first de- 
 ducting from such proceeds the <costs actually incurred by him in making 
 the affidavits, publishing the notices, and in having the coun f y clerk make 
 the entries and issue the certificate required by this Act. (L. 1893, p 63.) 
 
 Sec. 27. (2852-S.) Fines to be Paid Into the School Fund- Amendatory 
 Act. All fines, forfeitures and pecuniary penalties prescribed as a punish- 
 ment by any of the provisions of this Chapter (Chap. 25, Art. 59, Sec. 50, 
 Statutes of Oklahoma), when collected shall be paid into the treasury and 
 credited to the school fund of the county where such fines are collected. 
 (L. 1897, p. 141.) 
 
 Sec. 28. (3339 S.) Proceeds From Escheats to Go to School Fund. In all 
 
 cases where, by reason of the provisions of Section two, Article twenty- 
 two of the Constitution of this State, the title to any real property in the 
 State shall fail to vest in the grantee under any deed, bond, contract, or 
 will, or other instrument of conveyance, or shall fail to vest, in the grantee 
 under any deed, bond, contract or will, or other instrument of conveyance, 
 or shall fail to vest, or be transmitted under any law of inheritance or suc- 
 cession of this State, or where once having vested the holder of such 
 title shall become incapable of returning the same, all such real estate 
 in all such cases shall be subject to escheat to the State of Oklahoma, and 
 the proceeds arising from the sale thereof by the State shall go to the 
 public school fund of such county in which such real estate is situated, less 
 the amount to be fixed by the court where such escheat proceedings are 
 had covering cost of such proceedings including -compensation to the per- 
 son giving information upon which such escheat proceedings may be based 
 and prosecuted. That every transfer made in trust for any such corpora- 
 tion mentioned in said Section two, Article twenty-two of the State Con- 
 stitution, either secretly or otherwise, made to evade such provision of the 
 Constitution, shall be deemed within the provisions of this Act. (L. 1907- 
 8, p. 388, Sec. 2.) 
 
 73 
 
ARTICLE XVIII. 
 Arbor Culture. 
 
 SECTION 
 
 1. Arbor Day. 
 
 SECTION 
 
 2. School Exercises. 
 
 Sec. 1. (39-S.) Arbor Day. The Friday following the second Monday in 
 March of each year shall be hereafter known throughout Oklahoma as Ar- 
 bor Day. (L. 1901, p. 62.) 
 
 Sec. 2. (40-S.) School Exercises. It shall be the duty of the authorities 
 of the public schools in this State to assemble the pupils in their charge 
 on that day in the school buildings, or elsewhere, as may be deemed proper, 
 to provide for and conduct, under the general supervision of the county 
 superintendent or city superintendent or other chief officers having the 
 general oversight of the public schools in each county or city, such exercises 
 as shall tend to encourage the planting, protection and preservation of 
 trees and shrubs, and an acquaintance with the best methods to be adopted 
 to accomplish such results. (L. 1901, p. 62.) 
 
 ARTICLE XV. 
 
 Teachers and Certificates. 
 
 SECTION 
 
 10. Normal School Certificates. 
 
 11. Normal Diplomas Equivalent to Life 
 
 Certificates. 
 
 12. Diplomas Prior to 1905 Only Five Year 
 
 Certificates. 
 
 13. May Be Re-examined and Indorsed. 
 
 SECTION 
 
 14. Certificates from C. A. & N. University 
 
 for Colored People. 
 
 15. Diploma a Five Year Certificate. 
 
 16. University Diploma a Life Certificate 
 
 When. 
 
 17. A. & M. Diploma a Permanent Certifi- 
 
 cateWhen. 
 
 Sec. 10. (8284-S.) Normal School Certificates. Each year at the clos- 
 ing session of the Normal Schools an examination shall be held for a first, 
 second and third grade certificate under the direction of the State board 
 of education in each of the Normal schools and such students as shall be 
 found proficient in the branches required shall receive a certificate which 
 shall be valid in any school of the county wherein such school is located: 
 Provided, That all applicants for such certificates shall pay a fee of two 
 dollars which shall be added to the institute fund in the county in which 
 the applicant resides. (L. 1905, p. 307.) 
 
 Note. This is probably amended by Sec. (8214-S.) and by Sec. (8214-S.) 
 
 Sec. 11. (8284-S.) Normal Diplomas Equivalent to Life Certificates. 
 Any student who shall have completed the full course of instruction in any 
 of the normal schools shall receive a diploma which shall be signed by the 
 president of the institution and the president and secretary of the board 
 of regents and such diploma shall be a life certificate valid in any public 
 school of the State. (L. 1905, p. 307.) 
 
 74 
 
Sec. 12. (8300-S.) Diplomas Prior to 1905 Only Five Year Certificates. 
 
 Any person having obtained a diploma from the normal school, shall be 
 permitted to teach in any public school for a period of five years from 
 date thereof. (S. 1893, S. 4420.) 
 
 Note. This is repealed by Sec. (8284-S. L. 1905.) 
 
 Sec. 13. (8301-S.) May be Re-examined and Indorsed. At the expira- 
 tion of every five years, a holder of a normal school diploma may present 
 himself or herself to the State superintendent of public instruction for 
 such examination as may be prescribed and the proper endorsement of 
 said superintendent shall entitle the holder of such diploma to the privi- 
 lege of tea/ching in any public school for a period of five years as provided 
 in this Act. (S. 1893, S. 3421.) 
 
 Sec. 14. (8339-S.) Certificates From C. A. & N. University for Colored 
 People. As soon as any one has attended the University twenty-two weeks, 
 said person may be examined in the studies required by law, and if it shall 
 appear that such person possesses the learning and other qualifications 
 necessary to teach a common school, said person shall receive a ceriti- 
 cate authorizing him or her to teach a common school. (L. 1897, p. 39.) 
 
 Sec. 15. (8347-S.) Diploma a Five Year Certificate. Any person having 
 obtained a diploma from the normal department of said (C. A. & N.) Uni- 
 versity, shall be permitted to teach in any common school of the State of 
 Oklahoma for a period of five years from the date thereof, said authority 
 to teach being subject to revocation for any proper and sufficient cause. 
 (L. 1897, p. 41.) 
 
 Sec. 16. (8259-S.) University Diploma a Life Certificate When. After 
 any person has graduated at the University (at Norman) and after such 
 graduation has successfully taught a public school in this State for 16 school 
 months, the Superintendent of public instruction shall have authority to 
 countersign the diploma of such teacher after such examination as to moral 
 character, learning and ability to teach as to said superintendent may seem 
 proper and reasonable. Any person holding a diploma granted by the board 
 of regents of the University of Oklahoma certifying that the person hold- 
 ing the same is a graduate of said University shall after his diploma has 
 been countersigned by the superintendent of public instruction as afo^- 
 said be deemed qualified to teach any of the public schools of this State 
 and such diploma shall be a certificate of such qualifications until annul- 
 led by the superintendent of public instruction. (S. 1893. S. 6154.) 
 
 Note. Two years' training in pedagogy and practice teaching may be 
 accepted in lieu of the experience mentioned above. 
 
 Sec. 17 (85-S.) A. & M. Diploma a Permanent Certificate When. Any 
 
 student having completed the regular *four years' course of study of the 
 agricultural and mechanical college and receiving a diploma from said Col- 
 lege shall b.e granted a permanent teacher's certificate of first grade by 
 the State superintendent of public instruction, when application for such 
 certificate has been duly made and approved by the State commission of 
 agricultural and industrial education. (L. 1907-8, p. 17.) 
 *Note. The course referred to is the normal course. 
 
 75 
 
SECTION 
 
 1. Regular Holidays. 
 
 2. Additional Ones. 
 
 3. Business Day. 
 
 ARTICLE XIX. 
 Regular Holidays. 
 
 SECTION 
 
 4. Next Business Day. 
 
 5. Labor Day. 
 
 6. Governor's Proclamation. 
 
 Sec. 1. (2954-S.) Holidays. (Holidays are: Every Sunday, the first day 
 of January, the twenty-second day of February, the fourth day of July, 
 the twenty-fifth day of December, the thirtieth day of May, every day on 
 which an election is held throughout the State, and every day appointed 
 by the president of the United States, or by the governor of this State, 
 for a public fast, thanksgiving or holiday. (S. 1890, S. 2704.) 
 
 Sec. 2. (2955-S.) Additional Holidays. If the first day of January, the 
 twenty-second day of February, the fourth day of July, or the twenty-fifth 
 day of December, falls upon a Sunday, the Monday following is a holiday. 
 (S. 1890, S. 2705.) 
 
 Sec. 3. (2956-S.) Business Days. All other days than those mentioned 
 in the last two Sections, are to be deemed business days for all purposes. 
 (S. 1890, S. 2706.) 
 
 Sec. 4. (2957-S.) Next Business Day. Whenever any act of a secular 
 nature, other than a work of necessity, or mercy, is appointed by law or 
 contract to be performed upon a particular day, which day falls upon a hol- 
 iday, such act may be performed upon the next business day, with the same 
 effect as if it had been performed upon the day appointed. (S. 1890, S. 
 2707.) 
 
 Sec. 5. (4065-S.) Labor Day. The first Monday of September of each 
 year is hereby declared a legal holiday, to be known as Labor Day. (S.1907- 
 8, Chap. 53, Art. V.) 
 
 Sec. 6. (4066-S.) Proclamation. The governor shall issue his procla- 
 mation twenty days prior to each labor day, calling attention to that day, 
 and each mayor of each municipality shall issue their proclamation ten 
 days before labor day. (L. 1907-8, Chap. 53, Art. V.) 
 
 ARTICLE XX. 
 Nepotism Law. 
 
 SECTION 
 
 5. Penalty for Executives. 
 
 6. Forfeiture of Office. 
 
 7. Explanation of Terms, Executive, Minis- 
 
 SECTION 
 
 1. Unlawful Contracts. 
 
 2. Unlawful Warrants. 
 
 3. Nepotism a Misdemeanor. 
 
 4. Degree of Relationship. j terial, etc. 
 
 Sec. 1. (2796-S.) Unlawful Contracts. Hereafter it shall be unlawful 
 for any executive, legislative, ministerial or judicial officer in the State 
 to appoint or vote for the appointment of any person related to him by 
 affinity or consanguinity within the third degree, to any clerkship, office, 
 position, employment or duty in any department of the State, district, county, 
 city or municipal government of which such executive, legislative, ministerial 
 or judicial officer is a member, when the salary, wages, pay or compensa- 
 tion of such appointee is to be paid out of the public funds or fees of office. 
 (L. 1907-8, p. 574.) 
 
 76 
 
Sec. 2. (2797-S.) Unlawful Warrants. It shall hereafter be unlawful 
 for any such executive, legislative, ministerial or judicial officer mentioned 
 in Section one of this Act, to draw or authorize the drawing of any war- 
 rant or authority for the payment out of any public fund, of the salary, 
 wages, pay or compensation to any such ineligible person, and it shall be 
 unlawful for any executive, legislative, ministerial or* judicial officer to 
 pay out of any public funds in his custody or under his control the salary, 
 wages, pay or compensation of any such ineligible person. (L. 1907,8, 
 p. 574.) 
 
 Sec. 3, (2798-S.) Nepotism a Misdemeanor. It shall be unlawful for any 
 executive, legislative, ministerial or judicial officer to appoint and furnish 
 employment for any person whose services are to be rendered under his 
 direction and control and paid for out of the public funds, and who is re- 
 lated by either blood or marriage within the third degree to any other exe- 
 cutive, ministerial or judicial officer when such appointment is made in 
 part consideration that such other officer shall appoint and furnish em- 
 ployment to any one so related to the officer making such appointment. 
 Any such officer who shall violate the provisions of this Section shall be 
 guilty of a misdemeanor and, upon conviction, be punished as provided in 
 Section five of this Act. (L. 1907-8, p. 574.) 
 
 Sec. 4. (2799-S.) Degree of Relationship. Any person related within 
 the third degree by affinity or consanguinity to any member of either the 
 legislative, judicial or executive branch of the State government shall not 
 be eligible to hold any clerkship, office, position, employment or duty in 
 such branch of the State government. (L. 1907-8, p. 574.) 
 
 Sec. 5. (2800-S.) Penalty for Executives. Any executive, legislative, 
 ministerial or judicial officer who shall violate any provision of this Act 
 shall be deemed guilty of a misdemeanor, involving misconduct, and shall 
 be punished by a fine of not less than one hundred nor more than one 
 thousand dollars, and shall forfeit his office. (L. 1907-8, p. 574.) 
 
 Sec. 6. (2801-S.) Forfeiture of Office. Every person guilty of violating 
 the provisions of this Act shall, independently of, or in addition to any 
 criminal prosecution that may be instituted, be removed from office ac- 
 cording to the mode of trial and removal prescribed in the constitution or 
 laws of this state. (L. 1907-8, p. 574.) 
 
 Sec. 7. (2802-S.) Explanation of Terms Executive, Etc. Under the desig- 
 nation executive, legislative, ministerial or judicial officer as mentioned 
 herein are included the governor, lieutenant governor, speaker of the house 
 of representatives, -corporation commissioner, all the heads of the de- 
 partments of this State government, judges of all the courts of this State, 
 mayors, recorders and aldermen of all incorporated cities and towns, public 
 school trustees, officers and boards of managers of the State University, 
 and its several branches, State normals, the penitentiaries and elemosy- 
 nary institutions, members of the commissioners court and all other of- 
 ficials of the State, district, county, cities of other municipal subdivisions 
 of the State. (L. 1907-8, p. 574.) 
 
 77 
 
ARTICLE XXI. 
 Misappropriation of Public Funds. 
 
 SECTION 
 
 1. Contracts of Municipal Boards; void When 
 
 2. Public Officer Liable When; Contractor 
 
 Liable When. 
 
 SECTION 
 
 3. Resident Tax Payer may Maintain Suit 
 After Written Demand upon Officer. 
 
 (Laws 1905.) 
 
 Section 1. That no board of county commissioners of any county, nor 
 city council of any city nor board of trustees of any township, town or 
 village, nor any district board of any school district in this State shall 
 make any contract with any of its members, or in which any of its mem- 
 bers shall be directly or indirectly interested; and that all contracts made 
 in violation of this section shall be wholly void. 
 
 Sec. 2. That every officer of any county, township, city, town, village 
 or school district, who shall hereafter order or direct the payment of any 
 money or transfer of any property belonging to. such county, township, city 
 town, village or school district in settlement of any claim known to such 
 officers to be fraudulent or void, or in pursuance of any unauthorized, un- 
 lawful, or fraudulent contract or agreement made or attempted to be made, 
 for any such county, township, city, town, village or school district, by any 
 officer or officers thereof, and every person, having notice of the facts 
 with whom such unauthorized, unlawful or fraudulent contract shall have 
 been made, or to whom, or lor whose benefit such money shall hereafter be 
 paid or such transfer of property shall be made, shall be jointly and sever- 
 ally liable in damage to all innocent persons in any manner injured there- 
 by, and shall be furthermore jointly and severally liable to the county, 
 township, city, town, village or school district affected for double the amount 
 of all such sums of money so paid, and double the value of property so 
 transferred, as a penalty, to be recovered at the suit or the proper officers 
 of such county, township, city, town, village or school district, or of any 
 resident taxpayer thereof, s hereinafter provided. 
 
 Sec. 3. That upon the refusal, failure or neglect of the proper offi- 
 cers of any county, township, city, town, village or school district, after 
 written demand made upon them by ten resident taxpayers of such coun- 
 ty, township, city, town, village or school district, to institute or diligently 
 prosecute the proper proceedings at law or in equity for the recovery of 
 auy money or property belonging to such county, township, city town, vil- 
 lage or school district, paid out or transferred by any officer thereof in 
 pursuance of any unauthorized, unlawful, fraudulent or void contract, 
 made, or attempted to be made, by any of its officers for any such county, 
 town, city, town, village or school district, or for the penalty provided 
 in section two of this act, and resident taxpayer of such county, township, 
 city, town, village or school district affected by such payment or transfer 
 after serving the notice aforesaid and after giving security for cost, may 
 in the name of the State of Oklahoma as plaintift, institute and maintain- 
 any proper action at law or in equity which the property officers of the 
 county, township, city, town, village or school district might institute and 
 maintain for the recovery of such property, or for said penalty and any 
 such municipality shall in such event be made defendant, and one-half the 
 amount of money and one-half the value of the property recovered in any 
 action maintained at the expense of a resident taxpayer under this section 
 shall be paid to such resident taxpayer as a reward. 
 
 78 
 
ARTICLE XXII. 
 Revenue and Taxation. 
 
 (A.) CONSTITUTIONAL PROVISIONS 
 
 SECTION 
 
 1. Fiscal Year. 
 
 2. Penalty for Not Assessing. 
 
 3. Tax Limits. 
 
 4. Building Tax Limit. 
 
 5. Assent of Three-Fifths of Voters Neces- 
 
 SECTION 
 
 6. Increase for Public Utilities. 
 
 7. Sinking Fund. 
 
 8. Certificates of Attorney General, County 
 
 Attorney, County Clerk in Regard 
 to Indebtedness. 
 
 sary to Increase Indebtedness. j 9. Uniform Method of Accounting. 
 
 Section 1. Fiscal Year. The fiscal year shall commence on the first 
 day of July in each year, unless otherwise provided oy law. (Article X, 
 Sec 1, Bunn's Constitution, p. 73.) 
 
 Sec. 2. Penalty for Not Assessing. All property which may be taxed 
 ad valorem shall be assessed for taxation at its fair cash value, estimated 
 at the price it would bring at a fair voluntary sale; and any officer, or 
 other person authorized to assess values, or subjects, for taxation, who shall 
 commit any willful error in the performance of his duty, shall be deemed 
 guilty of malfeasance, and upon conviction thereof shall forfeit his office, 
 and be otherwise punished as may be provided by law. (Article X., Sec. 
 3, Bunn's Constitution, p. 74.) 
 
 Sec. 3. Tax Limits. Except as herein otherwise provided, the total 
 taxes, on an ad valorem basis, for all purposes, State, county, township, city 
 or town, and school district taxes, shall not exceed in any one year thirty- 
 one and one-half mills on the dollar, to be divided as follows: 
 
 State levy, not more than three and one-half mills; county levy, not 
 more than eight mills: Provided, That any county may levy not exceed- 
 ing two mills additional for county high school and aid to the common 
 schools of the county, not over one mill of which shall be for such high 
 school, and the aid to said common schools shall be apportioned as pro- 
 vided by law; township levy, not more than five mills; city or town levy 
 not more than ten mills; school district levy, not more than five mills on 
 the dollar for school district purposes, for support of common school: 
 Provided. That the afore -aid annual rate for school purposes may be in- 
 creased by any school district by an amount not to exceel tea mills on 
 the dollar valuation, on condition that a maiority of the voters thereof 
 voting at an election, vote 'fov said increase. (See Art. X., Sec. 9, Bunn's 
 Constitution, p. 75.) 
 
 Sec. 4. Building Tax Limit. For the purpose of erecting public build- 
 ing in counties, cities, or school districts, the rates of taxation herein limit- 
 ed, may be increased, when the rate of such increase and the purpose for 
 which it is intended shall have been submitted to a vote of the people, and 
 a majority of the qualified voters of such county, city, or school district, 
 voting at such election, shall vote therefor: Provided, That such increase 
 shall not exceed five mills on the dollar of the assessed value of the tax- 
 able property in such county, city, or school district. (Art. X., Sec. 10, 
 Bunn's Constitution, p. 75.) 
 
 Sec. 5. Three-fifth's Vote Necessary to Increase Indebtedness. No 
 county, city, town, township, school district, or other political corporation 
 or subdivision of the State, shall be allowed to become indebted, in any 
 manner, for any purpose, to an amount exeeding in any year, the income 
 and revenue provided for such year, without the assent of three-fifths of 
 the voters thereof, voting at an election, to be held for that purpose, nor 
 
 79 
 
in cases requiring such assent, shall any indebtedness be allowed to be 
 incurred to an amount including existing indebtedness, in the aggregate 
 exceeding five per centum of the valuation of the taxable property therein, 
 to be ascertained from the last assessment for State ana county purposes 
 previous to the incurring of such indebtedness: Provided, That any coun- 
 ty, city, town, township, school district, or other political .corporation, or 
 subdivision of the State, incurring any indebtedness, requiring the assent 
 of the voters as aforesaid, shall, before or at the time of doing so, provide 
 for the collection of an annual tax sufficient to pay the interest on such 
 indebtedness as it falls due, and also to constitute a sinking fund for the 
 payment of the principal thereof within twenty-five years from the time 
 of contracting the same. (Art. X., Sec. 26, Bunn's Constitution, p. 78.) 
 
 Sec. 6. Increase for Public Utilities. Any incorporated city or town i.. 
 this State may, by a majority of the qualified property tax paying voters 
 of such city or town, voting at an election to be held for that purpose, be 
 allowed to become indebted in a larger amount than that specified in sec- 
 tion twenty-six, for the purpose of purchasing or constructing public utili- 
 ties, 6r for repairing the same, to be owned exclusively by such city: Pro- 
 vided, That any such city or town incurring any such indebtedness requir 
 ing the assent of the voters as aforesaid, shall have the power to provide 
 for the collection of an annual tax in addition to the other taxes pro- 
 vided for by this constitution, sufficient to pay the interest on such in- 
 debtedness as it falls due, and also to constitute a sinking fund for the 
 payment of the principal thereof within twenty-five years from the tiiu~ 
 of contracting the same. (Art. X., Sec. 27, Bunn's Constitution, p. 78.) 
 
 Sec, 7. Sinking Fund. Counties, townships, school districts, cities, and 
 towns shall levy sufficient additional revenue to create a sinking fund to 
 be used, first, for the payment of interest coupons as they fall due; second, 
 for the payment of bonds as they fall due; third, for the payments of such 
 parts of judgments as such municipality may, by law, be required to pa>. 
 (Art. X., Sec. 28, Bunn's Constitution, p. 79.) 
 
 Sec. 8. Attorney General's and County Officers' certificates. No bond 
 or evidence of indebtedness of this State shall be valid unless the same 
 shall have endorsed thereon a certificate, signed by the auditor and at- 
 torney general of the State, showing that the bond or evidence of debt 
 is issued pursuant to law and is within the debt limit. No bond or evi- 
 dence of debt of any county, or bond of any township or any othe'r political 
 subdivision of any county, shall be valid unless the same have endorsed 
 thereon a certificate signed by the county clerk, or other officer authorized 
 by law to sign such certificate, and the county attorney of the county, stat- 
 ing that said bond, or evidene of debt is issued pursuant to law, and that 
 said issue is within the debt limit. (Art. X., Sec. 29, Bunn's Constitution, 
 p. 79.) 
 
 Sec. 9. Uniform Accounting. The legislature shall require all money 
 collected by taxation, or by fees, fines, and public charges of every kind, 
 to be accounted for by a system of accounting that shall be uniform for 
 each class of accounts, State and local which shall be prescribed and audited 
 by authority of the State. (Art. X., Sec. 30, Bunn's Constitution, p. 79.) 
 
 80 
 
ARTICLE XXII. 
 Revenue and Taxation. 
 (B.) LEGISLATIVE PROVISIONS. 
 
 SECTION 
 
 1. Current Expenses. 
 
 2. Estimate must be made each year. 
 
 3. Excise Board. 
 
 4. Meeting of County Excise Board. 
 
 5. Special Election to increase levy. 
 
 SECTION 
 
 6. Fifty per cent of voters lequired. 
 
 7. Election returns. 
 
 8. Where the provisions of this act apply. 
 
 9. Thirty per cent of voters must vote. 
 
 House Bill 14 Session Laws 1910. 
 Special Session 
 
 An ACT 
 
 To Provide for the Levying of Taxes on an Ad Valorem Basis for County, 
 City, Town, Township and School District Purposes. 
 
 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
 Section 1. Except as otherwise provided in this Act, the total levy 
 for current expenses of each county, city, town, township or school dis- 
 trict, shall not exceed in any one year the following: 
 
 County levy not more than five mills, provided that any county may 
 levy not exceeding one mill additional in aid of the common schools of 
 the county and in any county where a county high school is located, an 
 additional levy of not more than one mill may be made for the county high 
 school: Provided, That where the assessed valuation of any county is less 
 than $4,000,000, the county levy shall not exceed six mills. 
 
 City levy, not more than seven mills. 
 
 Incorporated town levy not more than five mills. 
 
 Township levy not more than three mills. 
 
 School district levy for the support of common schools, not more than 
 five mills. 
 
 Section 2. Each board of county commissioners, the mayor and council 
 of each city of the first class, or the officers exercising like powers in any 
 city of the first class in this State, having a charter form of government, 
 the board of trustees of each incorporated town, the directors of each town- 
 ship, the board of education in each incorporated city and the directors of 
 each school district in the State, shall meet on the first Monday in July 
 of each year and shall respectively make out an itemized statement of the 
 fiscal condition of their respective municipalities and of the estimated 
 needs thereof for the current expenses of the ensuing fiscal year. Said 
 estimate shall show, first, any unexpended balance on hand of the levy 
 for any previous year or years for current expense purposes; second, the 
 estimated income of the municipality from all sources other than from ad- 
 valorem taxation and such estimated income for school district purposes 
 shall include the apportionment of the income from the common school 
 fund, based on the distribution for the next preceding fiscal year: 
 
 Third, an itemized estimate of the amount necessary for the current 
 expenses of each municipality for the ensuing fiscal year; 
 
 Fourth, the amount necessary for a sinking fund, sufficient to pay at 
 maturity, all bonded indebtedness coming due for such municipality. 
 
 Fifth, the amount necessary to pay the interest coupons falling due 
 on its outstanding bonded indebtedness. The estimate for county purposes 
 shall be itemized so as to show the amount estimated to be necessary for 
 salaries; for court expenses; for county supplies; for the support of the 
 
 81 
 
poor and insane; for roads and bridges; for aid of the common schools of 
 the -county; for contingent fund; for county^high school, if any; for a sink- 
 ing fund which shall, with the money already in such fund, be sufficient 
 to pay, at maturity, all bonded indebtedness of such county coming due; 
 for the interest coupons falling due on outstanding bonds of the county ana 
 an additional sum equal to one-third of the original amount of all outstand- 
 ing judgments against the county where one-third or more of such judg- 
 ments remain unpaid and in 'Case less than one-third remains unpaid, then 
 the estimate shall include the unpaid balance. Bach estimate for county, 
 city, incorporated town, township and school district purposes as prepared 
 in accordance with the provisions of this Act, shall be published in some 
 newspaper published in each such county, city, incorporated town, town- 
 ship and school district in four consecutive issues if in a daily paper and in 
 two consecutive issues if published in a weekly paper and if here be no 
 such paper published in such county, city, incorporated town, township or 
 school district, then a copy of such estimate shall be posted in at least five 
 public places therein, which posting shall be within five days after said 
 first Monday in July. Said publication shall be made in each instance by 
 the board or authority making the estimate. Said estimate so made out 
 and published as aforesaid shall, as soon as completed, be certified to the 
 excise board of the county hereinafter provided for, together with an af- 
 fidavit showing the publication or posting thereof as required by this Act 
 
 Sec. 3. County Excise Board. There is hereby created in each organ- 
 ized county in this State an excise board to be composed of the following 
 county officers, to-wit: County clerk, county trasurer, county judge, county 
 superintendent and county attorney, who shall perform the duties as herein 
 provided without additional compensation. The county judge shall be chair- 
 man of the board and the county clerk secretary. 
 
 Sec. 4. Meeting of County Excise Board. The excise board shall meet 
 at the county seat on the last Saturday of July of each year for the pur- 
 pose of examining the estimates of expenses for the county and for each 
 city, incorporated town, embracing a city of the first class, township and 
 school district therein. Their meeting shall be public and they shall keep 
 a record of their proceedings. They shall have power to revise and correct 
 any estimate certified to them where the amount thereof is in excess of the 
 just and reasonable needs of the municipality for which the same is made. 
 When they shall have approved each estimate, if the same shall be within 
 the limit for current expenses, provided by section 1 of this Act, and shall 
 have ascertained the assessed valuation of rropertv taxed ad valorem in 
 the county and in each municipal subdivision thereof, and shall have 
 ascertained the probable income of the county and of each municipal sub- 
 division thereof from all sources other than advalorem taxation, they shall 
 thereupon make the levy therefor, adding thereto the amount ascertained 
 to be necessary for a sinking fund, which, with the money already in such 
 fund, shall be sufficient to pay, at maturity, all bonded indebtedness of such 
 municipality, and for the interest coupons falling due on the outstanding 
 bonds of such municipality; to the total amount so ascertained to be nec- 
 essary for current expenses, sinking fund and interest coupons shall be 
 added ten per centum for delinquent taxes. The levies so made for them 
 shall be certified to the county clerk, who shall extend the same upon 
 the tax roll. , 
 
 Sec. 5. If any estimate certified to the excise board for the current 
 expenses of any county, city, incorporated town, township or school dis- 
 trict shall exceed the limits prescribed by Section 1 of this Act, and the 
 excise board shall be of the opinion that such excess is reasonably neces- 
 sary for the current expenses of the municipality for Tvnich the same is 
 
 82 
 
prepared, they shall enter such fact upon the record of their proceedings, 
 and shall give notice by publication in one issue of some newspaper, printed 
 in the county that a special election will be held in the county, city, in- 
 corporated town, township or school district, as the case may be, on the 
 second Tuesday after the first Monday in August next thereafter for the 
 purpose of submitting to the qualified electors of such county, city, in- 
 corporated town, township or school district, the question of making such 
 increased levy Such election shall be held under the general election 
 laws of the State and in each election held under the provisions of this 
 Act, the amount of each proposed levy shall be printed upon the ballot with 
 the words, "for the levy" and "against the levy" to the left of which shall 
 be printed a square in which the elector shall stamp his choice. 
 
 Provided: In school districts not in cities of the first class the elec 
 tion shall be conducted as is now, or may hereafter be provided by law for 
 such elections in school districts. 
 
 Sec. 6. Fifty Per Cent of Voters Required. No election for an increased 
 levy for county, city, incorporated town or township purposes shall be 
 valid unless fifty per centum of the qualified electors, as shown by the 
 last preceding election shall vote therein. 
 
 Sec. 7. The returns of such elections held under the provisions of 
 this Act shall be made to the excise board, who shall meet at the county 
 seat on the Friday following such election for the purpose of canvassing 
 the returns. If the levies voted upon shall be approved by a majority of 
 those voting for each levy and the total number voting shall be the pro- 
 portion of the qualified electors of the county, city, incorporated town, 
 township or school district required by this Act, the excise board shall 
 certify the same to the county clerk, who shall extend the same upon the 
 tax roll; and levy for any purpose shall be valid unless made according 
 to the provisions of this Act, and any such illegal levy, and the collections 
 of the tax thereunder may be enjoined at the suit of any tax payer. 
 
 Sec. 8. The provisions of this Act shall apply to each city whether 
 having a charter form of government or not and to the board of education 
 in each city, except that where an election is called for the purpose of 
 voting a tax in excess of that prescribed by this Act, such election shall 
 be called by the mayor and council m such city or the officers exercising 
 like power in cities having a charter form of government and by the board 
 of education, who shall canvass the returns thereof and make the levies 
 and certify to the county clerk, who shall extend the same upon the tax 
 rolls. 
 
 Sec. 9. Thirty Per Centum of Voters Must Vote. It shall be the duty of 
 the school trustees in each school district to record in a book kept for 
 the purpose, the names of all legal voters within such school district, and 
 at the election where it is proposed to vote an addition levy above the five 
 mills herein authorized for school purposes the election shall be held to be 
 a legal election when thirty per centum of the total number of legal voters 
 living in such school district shall participate therein. 
 
 BEN F. WILSON, 
 Speaker of the House of Repre- 
 sentatives. 
 
 J. C. GRAHAM, 
 President Pro Tempore of the 
 Senate. 
 Approved March 17, 1910. 
 
 C. N. HASKBLL, 
 Governor of the State of Oklahoma. 
 
 83 
 
ARTICLE XXXIII. 
 THE BOND COMMISSIONER. 
 House Bill No. 116. -Session Laws, 1910. 
 Special Session 
 
 AN ACT 
 
 For the Protection, Validation and Sale of School Bond Issues of the 
 State, Counties, Townships and Municipalities and All Other Political Or- 
 ganizations and Subdivisions of the State of Oklahoma. 
 
 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
 Section 1. The attorney general is hereby made ex-o'fficio bond com- 
 missioner of the State of Oklahoma. 
 
 Sec. 2. It shall be the duty of such bond commissioner to prepare uni- 
 form forms and prescribe a method of procedure under the laws of the 
 State in all cases where it is desired to issue public securities or bonds, in 
 any county, township, municipality, or political or other subdivision thereof 
 of the State of Oklahoma; and it shall be the further duty of said bond 
 commissioner to examine into and pass upon any security so issued, and 
 such security, when declared by the certificates of said bond commissioner 
 to be issued in accordance with the forms of procedure so provided shall 
 be incontestable in any court in the State of Oklahoma unless suit thereon 
 shall be brought in a court having jurisdiction of the same within thirty 
 days from the date of the approval of said securties by the bond commis- 
 sioner. 
 
 Sec. 3. No bond hereafter issued by any political or municipal subdivi- 
 sion of this State shall be valid without the certificate of said bond com- 
 missioner. 
 
 Sec. 4. An emergency is hereby declared, by reason whereof it is nec- 
 essary for the immediate preservation of the public peace and safety that 
 this Act shall take effect from and after its passage and approval. 
 
 Approved March 24, 1910. 
 
 C. N. HASKELL, Governor. 
 
 84 
 
ARTICLE XXIV. 
 Refunding of Bonds by Municipal Corporations. 
 
 SECTION 
 
 1. Funding Bonds. 
 
 2. Notice of Issuance. 
 
 3. Outstanding Indebtedness. 
 
 4. County and City Bonds How Attested. 
 
 5. Limit of Issue. 
 
 6. Registration of Bonds. 
 
 7. Levy of Taxes to Pay. 
 
 SECTION 
 
 8. Auditor, Duty of.| 
 
 9. Sinking Fund. 
 
 10. Payments. 
 
 11. Wrong Use Punishment. 
 
 12. Taxes Receivable. 
 
 13. Cancellation. 
 
 14. Acts Repealed. 
 
 Sec. 1. (408-S.) Funding Bonds. Every county, every city of the first 
 class, the board of education of every city, every township, and every 
 school district, is hereby authorized and empowered to refund its indebt- 
 edness, including bonds, judgments and warrants, as hereinafter provided, 
 upon such terms as -can be agreed upon, and to issue new bonds with semi- 
 annual interest coupons attached in payment for any sum so refunded; 
 which bonds shall be sold at no less than par, and shall not be for a longer 
 period than thirty years, shall not exceed in amount the actual amount of 
 outstanding indebtedness, inclusive of attached coupons and shall not a 
 greater interest than six per cent per annum. No indebtedness, of any 
 kind, shall be funded or refunded under the provisions of this Act, except 
 indebtedness actually existing at the time of the passage of this Act or 
 hereafter legally created. (L. 1905, p. 87. See Const., Art. 10, Sec. 26.) 
 
 Sec. 2. (409-S.) Notice of Issuance. Notice of the issuance of bonds 
 provided for in this Act, shall be given by publication in a newspaper pub- 
 lished at the county seat and by posting a copy of the same in five public 
 places in the municipality, stating that on the day named therein the mu- 
 nicipality will proceed before the probate court of the county, if the amount 
 be less than one thousand dollars, or before the district court, if the amount 
 exceed one thousand dollars, to make a showing and ask the court to hear 
 and determine the amount of the outstanding legal indebtedness of said 
 municipality, and to sign the bonds to be issued in payment of the same, 
 and any person interested may remonstrate against the issuance of tUc 
 same. Such notice shall be given for at least ten days before the day 
 named for said hearing. (L. 1905, p. 87.) 
 
 Sec. 3. Outstanding Indebtedness. On the day named in the notice re- 
 ferred to in the preceding Section, the officers authorized to issue bonds 
 under this Act shall go before the court, named in said notice, and make 
 proof, to the satisfaction of the court, of the existence, character and amount 
 of the outstanding legal indebtedness of said municipality. On such proof 
 being made the court shall cause to be made upon the records of the court, 
 a statement of finding to that effect and shall then, in open court proceed 
 to sign each bond to be issued, up to the amount of said indebtedness so 
 proven and approved, and shall, after expiration of the time for taking ap- 
 peals, if no appeal be taken, deliver the same to the treasurer of said mu- 
 nicipality issuing the same, who shall be chargeable therefor, and shall 
 be liable on his official bond for said bonds. Appeals from the judgment 
 of the court shall be allowed, as provided by law, upon the giving of a 
 bond for costs and damages, such sum as the court shall require, and if 
 an appeal is taken as herein provided, then said bonds shall not be de- 
 livered to the treasurer of said municipality until the final determination 
 of said appeal. (L. 1895, p. 88.) 
 
 Sec. 4. (409-S.) Issuance of. Bonds issued under this act by any county 
 shall be signed by the .chairman of the board of county commissioners,, and 
 
attested by the county clerk under the seal of the county. Bonds issued by 
 any city shall be signed by the mayor and attested by the city clerk, under 
 the seal of the city. Bonds issued by any township shall be signed by the 
 trustee, attested by the township clerk and countersigned by the township 
 treasurer. Bonds issued by the board o'f education of any city shall be 
 signed by the president, and attested by the clerk of the board under the 
 seal of such board. Bonds issued by any school district shall be signed 
 by the director, attested by the clerk and countersigned by the treasurer of 
 such school district board, and the coupons shall be signed by the mayor, 
 president, director, trustee or chairman of the board of county commis- 
 sioners, and the clerks respectively. Such bonds may be in any denomina- 
 tion from one hundred to one thousand dollars, and made payable at such 
 place as may be designated upon the face thereof and they shall contain 
 a recital that they are issued under this Act. (L. 1895, p. 89.) 
 
 Sec. 5. (409-S.) Limit on Issue. When a refunding has been agreed upon 
 it shall be the duty of the proper officers to issue such bonds at the rate 
 agreed upon, to the holder of such indebtedness, in the manner prescribed 
 in this Act; but no bonds shall be issued under this Act until the proper 
 evidence of the indebtedness for which the same are to be issued shall oe 
 delivered up for cancellation; provided that no bonded indebtedness shall 
 be refunded by the board of trustees of any township or any school district 
 board, or board of education, under this Act. except such as have been is- 
 sued and outstanding at least two years at the time of such refunding; and 
 Provided Further, That except for the refunding of outstanding debt, in- 
 cluding outstanding bonds and matured coupons thereof, or judgments 
 thereon, or warants, no bonds of any class or description shall hereafter 
 be issued where the total bonded indebtedness of said county or township 
 would thereby exceed four (See Art. XXVIII. Also Sec. 25, Schedule of 
 Constitution, Art. XXXIX, this book.) per cent of the assessment for taxa- 
 tion as shown by ^e last finding and determination by tne proper board 
 of equalization, or of such city, school district, or board of education; but 
 this restriction shall not apply to the boards of education of any city or 
 cities of the first class. (L. 1895, p. 89. See Const. Art. X., Sec. 26.) 
 
 Sec. 6. Registration of Bonds. The clerk of every county, city, town- 
 ship, school district and board of education, issuing bonds under this act 
 shall register the same in his office. Such bonds shall also, in every case 
 be registered by the county clerk, showing the date, number and amount 
 thereof, rate of interest, number of coupons and amount of each, to whom 
 payable, where payable, date of maturity, and if optional, under what con- 
 ditions; and all indebtedness refunded under this act snail have the words 
 "paid in full" marked in a plain manner across the face of each bond, 
 coupon, or warant refunded; and such cancelled obligations shall be care- 
 fully preserved in the office of the county clerk or destroyed by the coun- 
 ty commissioners, a register of the number, amount and date of issue hav- 
 ing first been made by the county clerk. The proper officers shall, at the 
 time of issuing refunding bonds, make out and transfer to the auditor of 
 the State a certified statement of all proceedings had by the proper board 
 or ity council as shown of record and that said bonds have been issued 
 for value in all respects in conformity to this act for certain indebtedness 
 surrendered, definitely describing the bonds issued and the indebtedness 
 surrendered and that they have been duly registered by the attesting clerk 
 and county clerk as required herein; which statement shall be in such 
 form and include such other information as the auditor of the State may 
 require and be signed by all the officers whose signatures are attached 
 to such bonds, and attested by the proper clerk with the corporate seal of 
 
 86 
 
the .county, city, township, school district or board of education, if any, and 
 duly acknowledged before the county clerk. And the auditor shall upon 
 being satisfied that such bonds have been issued according to the provisions 
 of this act, and that the signatures thereto of the officers signing the same 
 are genuine, register the same in his office in a book kept for that purpose 
 and shall, under his seal of office certify upon such bonds the fact that they 
 have been registered in his office according to law (L 1895, p 89. See 
 Const., Art. X., Sec. 29.) 
 
 Sec. 7. (409-S.) Levy of Taxes to Pay. In every instance in which any 
 county, city, township, the board of education of any city, or any school 
 district shall issue bonds under this act, it shall be the imperative duty of 
 the proper officers of such county, city, township, the board of education 
 of any city, or of such school district whose duty it may be to levy taxes, 
 to annually levy, at the time of making the levy of other taxes, a tax suf- 
 ficient in amount to pay the interest upon said bonds and the coupons as 
 they become due, and to create a sinking fund as provided for in this act 
 for the payment of the principal of such bonds, and if such officers fail or 
 neglect to make such levy, it shall be the duty of the County clerk forth- 
 with to levy such tax; and in case any such officer shall neglect or refuse 
 to levy any such tax at the time aforesaid, and in case any county clerk 
 shall neglect or refuse to extend such tax upon the tax roll of the county 
 at the propert time, then and in that case, any such officer so neglecting 
 or refusing to levy or extend such tax shall be severally and individually 
 liable and shall also be liable upon his official bond to the holder of any 
 such bond or coupon falling due during the year for which such tax should 
 have been levied or extended for the full amount thereof as soon as the 
 same is due, which liability may be enforced in a civil action in the name 
 of the holder; and any such officer so neglecting or refusing to levy or ex- 
 tend such tax shall also be deemed guilty of a misdemeanor, and on con- 
 viction thereof shall be fined in an amount equal to the amount which it 
 may be shown should have been so levied or extended during such year, 
 or imprisoned in the county jail for a term not less than three nor more 
 than twelve months. (L. 1905, p. 91.) 
 
 Sec. 8. Duty of Auditor Treasurer to Make Levy Penalty. Should 
 the proper officer whose duty it is to levy the taxes to pay such bonds 
 and coupons, fail or neglect to make such levy as provided for in this act, 
 it shall be the duty of the auditor of the State, at any time thereafter, to 
 ascertain the amount of interest and sinking fund, or principal of such 
 bonds, accrued and to accrue during that year, and shall certify the amount 
 thereof to the treasurer of the county in which such bonds were issued, 
 setting forth the amount thus due, and whether from the county or from 
 a particular city, township, the board of education of any city or school 
 district within such county; and it shall be the duty of such county treas- 
 urer, immediately upon reciving such certified statement from the audi- 
 tor of the State to proceed to ascertain from the assessment roll of the 
 county the amount of taxable property in such county, city, township, the 
 board of education of any city, or such school district, and what percentage 
 is required to be levied thereon to pay the said interest and sinking fund or 
 principal, and when so ascertained shall levy such percentage upon the 
 taxable property of such county, city, township, the board of education of 
 any city, or such school district, as may be liable thereto, and shall imme- 
 diately place the same upon the tax roll of the county in a separate column 
 or columns, designating the purpose for which such taxes are levied; and 
 the said taxes shall be collected by the county treasurer of such county in 
 the same manner that other taxes are collected. And should such county 
 treasurer neglect or refuse to levy tax and place the same upon the tax 
 
 87 
 
roll for collection as herein provided, he shall be personally liable, and 
 also liable upon his offical bond to the holder of any such bonds or cou- 
 pons then due, for the full amount thereof, and shall also be deemed guilty 
 of a misdemeanor and upon conviction thereof shall be imprisoned in the 
 county jail for not less than three months nor more than twelve months. 
 (L. 1905, p. 92.) 
 
 Sec. 9. Sinking Fund Purchase Bonds. It shall be the duty of every 
 county, city, township, the board of education of any city, and of every 
 school district, issuing bonds under this act, and of the proper officers 
 thereof, to create a sinking fund and to levy, annually, a sufficient tax 
 therefor, for the redemption of such bonds, which shall be collected as 
 other taxes, and paid into the treasury as provided by law for other taxes, 
 and shall remain as a specific fund for the redemption of said bonds; the 
 amount of which sinking fund shall be as follows: In every instance in 
 which bonds shall be issued under this act for twenty years or less, the 
 quotient fund found by dividing the amount of the principal of such bonds by 
 such number of years shall be the amount of sinking fund to be levied each 
 year for the redemption of such bonds; but in every instance in which such 
 bonds shall be issued for more than twenty years, it shall not be necesary 
 to create a sinking fund, nor to levy a tax therefor, until the twentieth year 
 prior to maturity of such bonds, at which time, and each year thereafter, 
 one-twentieth of the principal amount of such bonds shall be levied as a 
 sinking fund for the redemption of such bonds: Provided, That any county, 
 city, township, the board of education of any city, or any school district, 
 issuing bonds under this act, may buy in and <concel any such bonds when- 
 ever the same can be done at or below par: And Provided Further, That 
 such sinking fund, when not required for the payment or purchase of bonds, 
 may be invested in bonds of the United States or of the State of Oklahoma, 
 and in no other manner: And Provided Further, That under the provisions 
 of this act, the proper officers are authorized, if desirable, to issue install- 
 ment bonds, running thirty years, having coupons attached, representing 
 the semi-annual interest to become due therein; and each coupon attached 
 to any installment bond shall, after five years from its date represent one- 
 fiftieth of its principal, which amount shall be shown by separate words 
 and figures aside from the interest represented in the coupon; and each 
 installmen bond shall show upon its face that its principal is included in 
 its coupons. (L. 1905, p. 93. See Const., Art. X., Sec. 26.) 
 
 Sec. 10. Payment. Whenever the bonds or interest coupons issued un- 
 der this act shall become due, they shall be, on presentation, promptly paid 
 by the proper disbursing officer, out of the money in his hands collected 
 for that purpose; and he shall indorse upon the face of any bond or coupon 
 paid by him, in red ink, the word "paid," and the date of payment, and sign 
 his name thereto, and at each settlement he shall turn over the bonds and 
 coupons so paid and cancelled, which shall be carefully preserved or de- 
 stroyed. (L. 1905, p. 94.) 
 
 Sec. 11. Punishment for Wrong Use. Any person who shall appro- 
 priate, use or aid or abet in appropriating or using, any of the funds or 
 moneys mentioned in this act, for any other purpose than as in this act 
 provided, shall be deemed guilty of a misdemeanor, and on conviction 
 thereof shall be fined in a sum equal to the amount of money so appro- 
 priated or used, and improsined in the county jail for not less than three 
 nor more than twelve months, and shall also be liable in a -civil action for 
 the amount so appropriated or used, to be prosecuted by any such bond 
 holder or other party entitled thereto. (L. 1905, p. 95.) 
 
 Sec. 12. Receivable Taxes. The interest coupons provided for in this 
 act shall as fast as they become due, be received in payment of taxes due 
 
to the particular county, -city, the board of education of any city, the town- 
 ship or school district, which may have issued such coupons, and shall be 
 received by all collecting officers the same as cash, in payment of such 
 taxes. (L. 1905, p. 95.) 
 
 Sec. 13 Cancellation. That all county, township and municipal bonds 
 on which final judgment shall hereafter be rendered by any court of rec- 
 ord in this State shall be cancelled in open court, and returned by the clerk 
 of such court to the clerk of the proper county, city or township. (L. 1905, 
 p. 95.) 
 
 ARTICLE XXV. 
 
 Sinking Funds Investment. 
 
 House Bill No. 115., L. 1910. 
 
 AN ACT 
 
 Providing for the Investment of Sinking Funds of the State; or of Any 
 County, City, Town, Township, School District or Other Municipality; and 
 Declaring an Emergency. 
 
 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 Section 1. The officers having charge of any sinking fund of the State, 
 or of any county, city, town, township, school district or other municipality 
 thereof, may invest such sinking fund in the bonds or warrants of the 
 State or any county, city, town, township, school district, or other munici- 
 pality thereof; or in any public building warrants, maturing prior to the 
 date of the bonded indebtedness, for the payment of which any such sinking 
 fund is ceated; or such officers may buy and cancel the outstanding bonds 
 of the State, county, city, town, township, school district or other munici- 
 pality which they represent, when ever the same may be purchased at or 
 below par. 
 
 Sec. 2. An emergency necessary for the preservation of the public 
 peace, health and safety is hereby declared to exist by reason whereof this. 
 Act shall take effect from and after its passage and approval. 
 
 BEN. F. WILSON, 
 Speaker House of Representatives. 
 
 J. C. GRAHAM, 
 President Pro Tempore of the 
 Senate. 
 Approved March 24th, 1910. 
 
 C. N. HASKELL, 
 Governor State of Oklahoma. 
 
ARTICLE XXVI. 
 
 Legalizing Bond Issues. 
 
 Senate Bill No. 69, L. 1910. By Blair. 
 
 AN ACT 
 
 To Legalize Bond Issues of Municipal Corporations, Counties, Township* 
 and School Districts of This State; and Declaring an Emergency. 
 
 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAOMA: 
 
 Section 1. All bonds issued or voted in good faith by any municipal 
 corporation, county, township or school district in this State, since the ad- 
 mission of this State into the Union, where the amount thereof does not 
 exceed the limit prescribed by the Constitution, and where the election at 
 which the same were voted was conducted in substantial compliance with 
 tL-i law, and where the proceedings of the municipal authorities of any 
 such municipal corporation, county, township or school district calling any 
 such election were 'conducted in substantial compliance with the law, and 
 the bonds were authorized by the requisite vote as required by the Con- 
 stitution and laws of Oklahoma, and when the full contract purchase price 
 has been paid to the municipal corporation, county, township or school dis- 
 trict issuing the same are hereby made legal and valid, notwithstanding any 
 irregularities in the proceedings of the authorities of such municipal cor- 
 poration, county, township, or school district in calling any such election 
 or in holding the same. 
 
 Sen. 2. An emergency is hereby declared, by reason whereof it is nec- 
 essary for the immediate preservation of the public peace and safety that 
 this Act take effect from and after its passage and approval. 
 
 Passed by the Senate, March 3, 1910. 
 
 J. C. GRAHAM, 
 President Pro Tempore of the 
 Senate. 
 Passed by the House of Representatives, March 16, 1910. 
 
 BEN..F. WILSON, 
 Speaker of the House of Repre- 
 sentatives. 
 Approved March 26th, 1910. 
 
 C. N. HASKELL, 
 
 Governor. 
 
ARTICLE XXVII. 
 
 Suffrage. 
 
 SECTION I SECTION 
 
 1. Who are Qualified Electors. 3. Female Suffrage. 
 
 2. Army Officers and Navy Officers. j 
 
 Sec. 1. Qualified Electors. The qualified electors of the State shall 
 be male citizens of the United States, male citizens of the State, and male 
 persons of Indian descent, native of the United States, who are over the 
 age of twenty-one years, who have resided in the State one year, in the coun- 
 ty six months and in the election precinct thirty days, next preceding the 
 election at with such elector offers to vote: Provided, That no person ad- 
 judged guilty of felony after the adoption of this constitution, subject to 
 such exceptions as the legislature may provide, unless his citizenship snail 
 have been restored in the manner provided by law; nor any person, while 
 kept in a poor-house or other asylum at the public expense, except Federal 
 and Confederate ex-soldiers; nor any person in a public prison, nor any 
 person in a public prison, nor any idiot or lunatic, shall be entitled to vote 
 at any election under the laws of this State. (Article III., Bunn's Con- 
 stitution, p. 18.) 
 
 Sec. 2. Army and Navy Officers. For the purpose of voting, no mem- 
 ber of the regular army or navy of the United States shall gain a residence 
 in this State by reason of being stationed in this State, nor shall any such 
 person lose a residence in the State while absent from the State in ther 
 military or naval service of the United States. (.JB. <J., p. 18.) 
 
 Sec. 3. Female Suffrage. Until otherwise provided by law, all female 
 citizens of this State, possessing like qualifications of male electors, shall be 
 qualified to vote at school district elections or meetings. (B. C., p. 18.) 
 
 ARTICLE XXVIII. 
 
 Fire Escapes. 
 
 SECTION 
 
 1. Metallic Fire Escapes Required. 
 
 2. Ropes Provided. 
 
 3. Public Notices. 
 
 SECTION 
 
 4. Punishments. 
 
 5. Duty of Fire Chief. 
 
 Laws of 1907-8. 
 
 Sec. 1. (3444-S.) Fire Escapes Required. Every building now or here- 
 after used, in whole or in part, as a public building, public or private in- 
 stitution, school house, church, theater, public hall, place of assemblage, 
 er place of public resort, and every hotel, family hotel, apartment house, 
 boarding house, lodging house or tenement house, three or more stories in 
 height, shall be provided with one or more metallic ladders or stair fire 
 escapes attached to the outer walls thereof, and extending from, or suitably 
 near the ground, to the uppermost story thereof, with platforms of such 
 form and dimensions, and in such proximity to one or more windows of 
 each story above the first as to render access to such ladders or stairs 
 
 91 
 
from each story easy and safe; the number, location, material and con- 
 struction of such escapes to be subject to the approval of the fire marshal, 
 chief of the fire department, city or town marshal, or such other authority 
 as may have the control of fire regulations in any city or town where such 
 buildings are located: Provided, however, that all buildings more than 
 two stories in height, used for manufacturing purposes, or for hotels, dorm- 
 itories, schools, seminaries, hospitals or asylums, shall have at least one 
 such fire escape for every thirty persons for which working, sleeping or 
 living accommodations are provided above the second stories of said build- 
 ings; and that all public halls with seating room above the first or ground 
 story shall be provided with such number of said ladders, or stair fire 
 escapes, as the fire marshal, chief of fire department, city or town mar- 
 shal, or such other authority as may have the control of fire regulations 
 in any city or town where such buildings are located may direct. (L. 1907-8, 
 p. 427.) 
 
 Sec. 2. Fire Ropes Also Required. Independent of and in addition 
 to the external iron fire escapes, that may be required by any law of this 
 State, upon any hotel or large boarding house, tenement house, or any 
 building in which rooms, or floors are let for numerous families, whenever 
 any said building can accommodate twenty or more individuals and is two 
 or more stories in height, it shall be the duty of the owners of all said 
 buildings to provide and cause to be securely affixed inside, to a bolt three- 
 fourths of an inch in diameter through the walls near a window-head of 
 at least one window in each and every room on the second floor and in 
 each and every room on each higher floor, a rope made at good material 
 not less than one-half inch in thicKness, and of sufficient length to extend 
 to the ground, or other place of landing; such rope escape in each room to 
 be carefully coiled and Kpt near the sill of tne \vinaow to which the csape 
 is attached and with directions of manner of use attached thereto. (L. 1907- 
 8, p. 428.) 
 
 Sec. 3. (3446-S.) Notices. It shall be the duty of every proprietor, cus- 
 todian, superintendent, or other person or persons having the charge and 
 control of such public buildings, mentioned and described in section one 
 hereof to post notices in every room and hall, and in a public and conspicu- 
 ous place in such building, calling attention to the fact that this act has 
 been complied with, and designating the places on each and every floor of 
 such building where such metallic ladders or stair fire escapes and such 
 rope escapes are located and may be found. The metallic ladders, or stair 
 fire escapes, and the rope esapes, in this act provided for shall be furnish- 
 ed, constructed and maintained at the expense of the owner, or owners of 
 the buildings. 
 
 Sec. 4. (3447-S.) Punishment. Any violation of any of the provisions of 
 this act shall be deemed a misdemeanor, and any person convicted thereof 
 shall be punished by a fine of not less than five dollars nor more than five 
 hundred dollars. 
 
 Sec. 5. (3448-S.) Duty of Fire Chief. It shall be the duty of the chief 
 of the fire department in all cities and towns to visit all public build- 
 ings, hotels, lodging houses, and buildings described in section one hereof, 
 and which have and maintain fire escapes, at least once every three 
 months, and to investigate whether the provisions of this act are duly ob- 
 served, and to report all violations of the same to the city, or prosecuting 
 attorney for prosecution. In cities or towns not having a chief of fire de- 
 prtment, it shall be the duty' of the marshal to perform the duties imposed 
 by this section. 
 
 92 
 
ARTICLE XXVIII. 
 
 The Land Commissioners and the State School Funds. 
 
 SECTION 
 
 1. The Land Commissioners. 
 
 2. Investment of Funds. 
 
 3. Depositing Funds in Banks. 
 
 4. Expenses of Commissioners. 
 
 SECTION 
 
 5. Reports to the Legislature. 
 
 6. Apportionment of State School Fund. 
 
 7. Rules and Regulations. 
 
 8. Repeal of Senate Bill No. 141. 
 
 (Laws of 1908.) 
 
 Sec. 1. (7941-S.) Commisioners. That the commissioners of the laud 
 olfice, consisting of the governor, the secretary of state, state auditor, su- 
 perintendent of puolic instruction, and the president of the board of agri- 
 culture, be and tney are hereby authorized and empowered to manage, loan, 
 invest, and deposit, the permanent school fund donated to the Scate of 
 Okianoma by tne Congress of the United States, or arising from the sale 
 of lands and from other sources. 
 
 Sec. 2. (7942-S.) Investment of Funds. All of the permanent school 
 funds shall De invested in first mortgages upon good and improved farm 
 lands witnin the state, (and in no case shall more than fifty per cent of 
 the reasonable vame of the lands, without improvements, be loaned upon 
 any tract.) The interest on said farm loans shall not exceed five per cent 
 per annum. Oklahoma State bonds, county Douds of the counties of this 
 State, school bonds of the school districts of the State, and United States 
 bonds, and in the investment of said funds preference shall be given to 
 such securities in the order named. 
 
 Sec. 3. (7943-S.) Depositing Funds. Until such time as said funds may 
 be safely and advantageously invested in the securities mentioned in tae 
 preceding section, said commissioners of the land oriice shall be, and they 
 are hereby authorized and empowered to deposit said sums in such bankb 
 or trust 'companies as they may select, but shall in every case take as 
 security for such deposits the following classes of securities and no others: 
 Bonds of the State of Oklahoma, bonds of the counties, school districts, 
 cities and towns of this State, State and county warrants and approved 
 State, county and municipal bonds of other states, bonds of the United 
 States, first mortgages on real estate, warants or other legal evidences 
 of indebtedness authorized by law to be issued by municipalities in payment 
 of paving, sewer, water works, electric light, or other public indebtedness 
 and for which a special tax is authorized to be levied and collected for 
 the payment thereof, and surety icompany bonds, and as additional security 
 on any deposit which said board may make the said commissioners of the 
 land office shall have authority to accept surety companies or trust com- 
 panies as sureties, but in each case said board of land commissioners shall 
 accurately investigate the value of securities offered for such deposits, 
 providing, however, such surety company or trust company shall neither 
 be in any manner interested directly or indirectly in any bank or trust 
 company for which it becomes additional surety, nor shall any surety 
 bonding or trust company be accepted as additional surety that has more 
 than one-fourth of its paid capital invested in bank stock. The said board 
 of land commissioner may whenever they deem it advisable require ad- 
 ditional securities after a deposit is made as they deem necessary 10 se- 
 cure the safety of the deposit. 
 
Sec. 4. (7944-S.) Assistants, Etc. The commissioners of the land office 
 may appoint such assistants and incur such expenses as are necessary in 
 the management and handling of such property and funds and shall pay 
 such expenses out of the income of the school funds. 
 
 Sec. 5. (7945-S.) Reports to the Legislature. The commissioners of the 
 land office shall report to this legislature before final adjaurnment the 
 condition and management of such funds, and thereafter to each legisin, 
 ture. 
 
 Sec. 6. (Senate Bill No. 259.) (7947-S.) Apportion Income. The com- 
 missioners of the land office shall apportion the income of the state school 
 fund, and the annual taxes collected by the State for the support of public 
 schools, to those counties of the State from which proper reports have 
 been received by the superintendent of public instruction, and such ap- 
 portionment shall be made as follows: All such moneys remaining in the 
 State treasury on the 15th day of January shall be apportioned between 
 the 15th and the 1st day of such month, and that remaining on the 15th day 
 of July, shall be apportioned between the 15th and the last day of such 
 month. The apportionment to each county shall be made in proportion to 
 the number of children over the age of six years and under the age of 
 twenty-one years resident therein as shown by the last annual report of 
 the county superintendent to the state superintendent. The commissioners 
 of the land office in distributing all funds mentioned in this section, shall 
 draw their order on the State treasurer or other officer having custody of 
 such funds, in favor of the county treasurers of the counties respective^ 
 entitled to school moneys, for the amount of such moneys apportioned to 
 his county, and certify the amount of such order to the State treasurer, and 
 also to the county clerk and superintendent of the proper -county; provided, 
 that the Federal appropriation made shall be apportioned by said commis- 
 sioners after the passage of this act to the several counties entitled to the 
 same under act of congress providing for said appropriation in proportion 
 to the number of children of school age shown by the last Federal census, 
 and provided that for the year 1908, the -commissioners of the land office 
 shall have thirty days from and after the 15th day of March, 1908, in which 
 to make the apportionment of school funds to the various counties of the 
 State. 
 
 Sec. 7. (7948-S.) Rules and Regulations. The commissioners of the 
 land office are hereby authorized and empowered to make all necessary 
 rules and regulations, for the purpose of carrying into effect the provisions 
 of this law. 
 
 Sec. 8. (Senate Bill No. 141.) "An Act to extend the time of making 
 the apportionment of the school fund to the various counties by the State 
 superintendent, and declaring an emergency," passed and approved January 
 17, 1908, is hereby repealed. 
 
 94 
 
ARTICLE XXX 
 AGRICULTURAL AND INDUSTRIAL EDUCATION. 
 
 SECTION 
 
 1. State Commission. 
 
 2. Agriculture in Schools. 
 
 3. Duty of State Superintendent. 
 
 4. Duty of County Superintendent. 
 
 5. County Certificates. 
 
 6. Agricultural Departments in Normal 
 
 Schools. 
 
 7. A. & M. College to Direct the Work. 
 
 8. Chair of Agriculture for Schools. 
 
 9. Soil Surveys, etc. 
 
 10. A. & M. diplomas and State Certificates. 
 
 SECTION 
 
 11. State Commissioner for Agricultural and 
 
 Industrial Education. 
 
 12. County Examinations for A. & M. College 
 
 13. Standard of Admission to A. & M. College 
 
 14. District Agricultural Schools. 
 
 15. Experiment Farms. 
 
 16. Farmers' Courses. 
 
 17. Branches to be Taught. 
 J.8. Appropriations. 
 
 19. Construction of Buildings. 
 
 (Laws 1908- Franklin Senate Bill No. 109.) 
 
 Sec. 1. (26-S.) State Commission. For the purpose of carrying out 
 the requirements of the State .constitution relating to the teaching of the 
 elements of agriculture, horticulture, stock feeding, and domestic science 
 in the common schools of the State, there is hereby created a "State Com- 
 mission of Agriculture and Industrial Education," consisting of the State 
 superintendent of public instruction, who shall be chairman thereof; the 
 president of the State board of agriculture, and the president of the Agri- 
 cultural and Mechanical College, each of whom shall serve without additional 
 pay. Said commission shall 'conform to the rulings of the State board of 
 education, shall co-operate with all State normal schools, the Agricultural 
 and Mechanical Colleges, and the State board of agriculture, and said boards 
 and institutions are hereby required to co-operate with the "State Commis- 
 mission for Agricultural and Industrial Education" as far as practicable and 
 without interfering with the more immediate duties of said boards and insti- 
 tutions. Said Commission shall make a report in writing to the governor 
 at least thirty days prior to the regular sessions of the legislature, including 
 the work done under its supervision and a complete account of all funds and 
 their disbursements made in pursuance of this act, together with such 
 recommendations as may by said board be deemed advisable. 
 
 Sec. 2. (77-S.) Agriculture. The elementary princ,iples of agriculture 
 horticulture, animal husbandry, stock feeding, foresty, building country 
 roads, and domestic science, including the elements of economics, shall be 
 embraced in the branches taught in all the public schools of this State, re- 
 ceiving any part of their support from this State, and these branches shall 
 be studied and taught by observation, practical exercises, and the use of 
 text and reference books, and in the same manner as are other like required 
 branches in said public schools. 
 
 Sec. 3. (78-S.) Duty of State Superintendent. The State superintend- 
 ent of public instruction shall investigate and determine the character, ex- 
 tent and cost of courses of instruction in the branches provided for in this 
 act, including manual training adapted to the different schools; and through 
 bulletins and public addresses give information to school boards and com- 
 munities as to the courses and character of instruction which have proved 
 most satisfactory and best adapted to various schools. He shall determine 
 and give information as to where the most thoroughly trained and best 
 equipped teachers of the subjects named in this act may be found, and shall 
 formulate and recommend plans for the organization of training and normal 
 schools for the preparation of teachers of said subjects. He shall in all 
 proper ways seek to awaken an active interest among teachers in the sub- 
 
 95 
 
jects required to be taught in this act and shall in all proper ways awaken 
 public sentiment to the importance of teaching said subjects in the common 
 schools and all public schools with efficiency and success, and shall make 
 such investigations as may be necessary or the proper performance of his 
 duties as prescribed in this act. 
 
 Sec. 4. (79-S.) Duty of County Superintendent. All county superintend- 
 ents of education shall file a written report with the president of the State 
 board of education annually at such time as the president of said board 
 may require, concerning the icost, character and extent of such courses of 
 instruction in the branches provided to be taught in this act in their respec- 
 tive counties, together with such reports on work done and suggestions in 
 relation thereto as the president of the State board of education may require. 
 
 Sec. 5. (80-S.) Agriculture Required for Certificates. After July 1, 
 1909, no person shall teach and no certificate shall be granted to an appli- 
 cant to teach, in the public schools receiving aid from this State, who has 
 not passed a satisfactory examination in the elements of agriculture ana 
 allied branches mentioned in this act. It shall be the duty of teachers in 
 all schools receiving aid from the State to file quarterly, or at such times 
 as the county superintendent may require, a written report with the county 
 superintendent of public instruction of their respective counties, in full de- 
 tail, of any progress made or work done in the different branches required 
 to be taught under the terms of this act, together with such recommenda- 
 tions as they may deem advisable, and such other information as the county 
 superintendent may require. Any teacher, whose duty it is to instruct in 
 the branches required to be taught by this act, who fails or neglects to 
 comply with the provisions o'f this act, shall be discharged. 
 
 Sec. 6. (81-S.) State Normals to Assist. The State normal schools, 
 and like schools to be hereafter created, shall lend specific assistance iu 
 carrying out the purposes of this act by preparing teachers for the work of 
 instruction in the elements of agriculture and allied branches named in this 
 act, in the same manner as teachers are prepared for other required sub- 
 jects and shall render such co-operation and active support through their 
 respective presidents, officers and teachers as will best contribute to the 
 successful introduction and support of a successful system of agricultural 
 and industrial education for the schools of the State. There shall be estao- 
 lished in each of the State normal schools, located or to be hereafter located, 
 a department to be known as the "Department of Agricultural and Industrial 
 Education," with a professor in charge, which shall give such instruction in 
 the regular course, or courses as may be deemed necessary for the instruc- 
 tion of teachers in the public schools of the State. For the purpose of estab- 
 lishing such departments there is hereby appropriated out of the treasury 
 for the maintenance, support and equipment of said departments the sum 
 of two thousand five hundred dollars, or so much thereof as may be neces- 
 sary, for each of said departments established in pursuance of this act 
 in the three existing normal schools. 
 
 Sec. 7. (82-S.) Agricultural College. The Agricultural and Mechanica' 
 College shall be the technical head of the agricultural, industrial and allied 
 science system of education, and its president, professors and employees 
 shall lend such assistance in carrying out the objects, aim and purposes of 
 the State constitution requiring the teaching of agriculture and allied prac- 
 tical subjects as shall not conflict with the immediate duties incumbent on 
 them in said institution. 
 
 Sec. 8. (83-S.) Chair of Agriculture. There is hereby created the "Chair 
 of Agriculture for Schools," who shall be a member of the faculty of the 
 
Agricultural and Mechanical College, whose duty shall be to direct and ad- 
 vise in all matters relating to the teaching of agriculture and allied subjects 
 in the common schools, under the supervision of the president of the Agri- 
 cultural and Mechanical College, and he shall be paid from the funds of 
 the Agricultural and Mechanical College. He shall visit the schools, the 
 teachers' institutes, the summer normal schools, and the State normal 
 schools, advise with the teachers and officers concerned, and plan such 
 means of co-operation in the improvement of methods, appliances, the use of 
 seeds, plants and trees as may from time to time be necessary, and shall 
 prepare, print, and distribute such leaflets and other literature as may be 
 helpful to teachers and pupils concerning or engaged in teaching industrial, 
 practical and scientific subjects bearing on technical and practical agricul- 
 ture and its allied branches. 
 
 Sec. 9. (84-S.) Surveys. It shall be the duty of the Agricultural and 
 Mechanical College, under the board of agriculture, (ex-officio board of re- 
 gents of said institution) to carry on all natural history surveys, soil sur- 
 veys, mineral and forestry surveys that are now provided for by the laws 
 of the State, or that may hereafter be provided for, and it shall be the duty 
 of said Agricultural and Mechanical College to co-operate with the national 
 department of agriculture in carrying out the surveys herein mentioned, and 
 in the construction of country roads, and in all ways and by all means to 
 supply the schools and the people with agricultural and technical facts 
 demanded by the spirit of this act. 
 
 Sec. 10. (85-S.) Graduates. Any students having completed the regu- 
 lar four years' (normal) course of study in the Agricultural and Mechanical 
 College and receiving a diploma from said college, shall be granted a perma- 
 nent teachers' certificate of first grade by the State superintendent of public 
 instruction when application for such certificate has been duly made and 
 approved by the "State Commission of Agriculture and Industrial Educa- 
 tion." 
 
 Sec. 11. (86-S.) Course of Study. The "State Commission for Agri- 
 cultural and Industrial Education," with the assistance of such experts in 
 agricultural education as may be secured from the State and national de- 
 partments of agriculture, shall have authority and it shall be their duty 
 to prepare a detailed course of study in the elements of agriculture and 
 allied subjects, domestic science, and economics adapted to the needs of 
 instruction in the elementary and secondary schools of the State. The 
 commission shall prepare a syllabus of the course of study in each subject, 
 in such detail and with such elaboration of the body of knowledge to be 
 considered as may be necessary for the organization and administration of 
 the proper courses of instruction in said branches. In preparing the courses 
 of study required to be taught by this act, any of said subjects may be com- 
 bined in one text book ,so they will be adaptable to the various schools 
 in which they are taught, at the same time so far as possible giving practical 
 educational values to each subject. Upon the satisfactory completion of 
 sa,id course of study, as evidenced by a diploma or a certificate signed by 
 the county superintendent, pupils shall be admitted to the sub-freshman or 
 higher class of Agricultural and Mechanical College without further exam- 
 ination. It shall be the duty of the president of the Agricultural and 
 Mechanical College each year to send to each school in this State where 
 such branches as required by this act are taught, a catalog, and upon appli- 
 cation to furnish said schools such other information as may be desired 
 relative to said College. Such catalogs and other information shall be kept 
 in each school for reference. 
 
 Sec. 12. (87-S.) Examinations. It shall be the duty of the State 
 Superintendent of public instruction to secure at least twice a year a set of 
 
 97 
 
examination questions in all the studies required for admission to the Agri- 
 cultural and Mechanical College, and he shall send a printed list of same to 
 each county superintendent which shall be used in examining Candidates 
 who may desire to enter said College. 
 
 Sec. 13. (88-S.) County Superintendents to Examine. It shall be the 
 duty of the county superintendent to give public notice of the examination 
 provided for in the preceding section at the time of all regular teachers' 
 examinations, and to submit such questions to any candidate who may de- 
 sire to enter the Agricultural and Mechanical College. The examinations 
 shall be conducted in the same manner as are regular teachers' examina- 
 tions of the county. The work of each and every candidate, together with 
 the name and address shall be forwarded by the State superintendent within 
 ten days from the date of the examination, and by him to the president of 
 the College, who shall examine and grade the answers, and report to the 
 candidate as soon as possible, after the receipt of the paper, the result of 
 the examination. An average grade of 70 per cent in each branch will 
 admit the candidate to the Agricultural and Mechanical College without 
 further examination. 
 
 Sec. 14. (89-S.) Schoolls to be Established. There shall be established 
 in each of the supreme court judicial districts a district agricultural school 
 of secondary grade for instruction in agriculture and mechanics and allied 
 branches and domestic science, and economics, with courses of instruction 
 leading to the Agricultural and Mechanical College, and the State normals. 
 At least two of said agricultural schools shall be located and established 
 every two years from and beginning July 1, 1908, and every two years there- 
 after, until one of said agricultural schools has been provided for each 
 existing supreme court judicial district. Provided, That each of said 
 agricultural schools shall be provided with not less than eighty acres of 
 land without cost to the State and deeded in perpetuity to the State. The 
 location, operation, and equipment of said agricultural schools shall be 
 under the administration of the "State Commission of Agricultural and 
 Industrial Education," subject to the approval of the board of agriculture. 
 
 Sec. 15. (90-S.) Experiment Farm. There shall be an experimental 
 farm operated by each of the said agricultural schools on which careful 
 trials shall be made of the best fruits, vegetables, flowers, field and forage 
 crops, fertilizers, and stock feeds for that section as well as the systems of 
 dairying, drainage, irrigation and farm management that may be considered 
 of practical value and adapted to the needs of the people in such supreme 
 court judicial districts; Provided, That each district agricultural school 
 shall make at 'least one report annually to the governor of the State cover- 
 ing all work done, its cost, the results, and the probable value of such 
 experiments, which report shall be published for free distribution to farm- 
 ers, fruit and vegetable growers and stockmen in the supreme judicial dis- 
 trict in which said school is located. 
 
 Sec. 16. (91-S.) Short Courses. There shall be held annually by each 
 of said agricultural schools a farmers' short course extending over at least 
 one week and embracing practical and elementary scientific instruction in 
 those branches of agriculture that may be deemed most important in the 
 supreme court judicial district in which any such agricultural school is lo- 
 cated at the time such short course of instruction is to be provided, includ- 
 ing a course in domestic economy, canning, preserving and cooking. There 
 shall be no fees charged for attendance on these practical courses of -in- 
 struction and no entrance examinations may be required: Provided, That 
 all white citizens over fifteen years of age shall be entitled to admission to 
 such courses. 
 
Sec. 17. (92-S.) Common School Branches. No courses of instruction 
 shall be offered in such agricultural schools other than industrial courses 
 but this shall not exclude teaching the common school branches, the lan- 
 guages, manual training, manufacture, the sciences, and other necessary 
 studies as subjects in the industrial course. 
 
 Sec. 18. (93-S.) Appropriation. There is hereby appropriated out of 
 the building fund of the State treasury for the purpose of erecting the 
 necessary building, or buildings, for the two first schools the sum of $20,000, 
 or so much thereof as may be necessary, for each school, and out of the 
 State treasury for the maintenance and support of such schools the sum 
 of $12,000 for each school per annum for maintenance during the first year; 
 provided that one-fourth of the sum herein appropriated for the support 
 and maintenance of such schools shall be expended in developing agricul- 
 tural experiments in field, barn, orchard, shops, and garden of practical 
 value to students of the school and to farmers of the supreme court judicial 
 district in which such school may be located. 
 
 Sec. 19. (94-S.) Advertisements. The "State Commission and Agri- 
 cultural! and Industrial Education" is hereby authorized, subject to the ap- 
 proval of the board of agriculture, to advertise for plans and specifications 
 and to contract under the terms of this act for the construction of such 
 buildings subject to such laws as are in force governing the advertising for 
 plans and specifications and the construction of other public buildings. 
 
ARTICLE XXXI. 
 Child Labor Law. 
 
 SECTION 
 
 1. Schooling Certificate. 
 
 2. Approval of Certificate. 
 
 3. Evidence Required for Approval. 
 
 SECTION 
 
 4. Attendance Certificate, etc. 
 
 5. Violations Penalized. 
 
 6. Repeal Clause. 
 
 Sec. 1. (8-S.) School Certificate. Before any child under the age of 
 sixteen years shall be employed in any occupation specified in section one 
 of this act, it shall be the duty of the parent or guardian of such child to 
 procure and furnish the employer of such child an age and schooling cer- 
 tificate as hereinafter provided by this act. 
 
 It shall be the duty of every person, firm or corporation of such estab- 
 lishments as are specified in section one of this act, or employers in such 
 occupations, to keep on file for the inspection of factory inspectors, truant 
 officers, or other persons charged with the administration of this act, such 
 age and schooling certificate, for every child under sixteen years of age 
 employed in such occupation, and to keep on file and to post conspicuously 
 in every room where such children are employed a register, with a complete 
 list of children under sixteen years of age so employed, together with the 
 age of each child as set forth in the age and schooling certificate opposite 
 the name of such child, and also to keep on file and to post conspicuously 
 in such place or establishment, in such form as the factory inspector may 
 prescribe, the time of opening and closing such factory or other estab- 
 lishment, the number of hours of labor required or permitted in such estab- 
 lishment, the hours of commencing and stopping work, and the time allowed 
 for meals, and if there be two or more shifts in such establishment the num- 
 bers of hours in each shift during which the employes are required or per- 
 mitted to work. On termination of the employment of a child so registered, 
 and whose certificate is so filed, such certificate shall be forthwith surren- 
 dered by the employer to the child or its parent or guardian or custodian. 
 The inspector of factories, truant officer or other person charged with the 
 administration of this act, may make demand on an employer in whose 
 factory or establishment a child apparently under the age of sixteen years 
 is employed or permitted or suffered to work, and whose employment cer- 
 tificate is not then filed as required by this section, that such employer 
 shall either furnish him, within ten days, evidence satisfactory to him that 
 such child is in fact over sixteen years of age, or shall cease to employ or 
 permit or suffer such child to work in such factory or establishment. Such 
 officer may require from such employer the same evidence of age of such 
 child as is required on the issuance of an employment certificate; and the 
 employer furnishing such evidence shall not be required to furnish any 
 further evidence of the age of the child. In case such employer shall fail to 
 produce and deliver to such officer, within ten days after such demand, such 
 evidence of age herein required by him, and shall thereafter continue to em- 
 piloy such child to work in such factory or establishment, proof of the giving 
 such evidence shall be prima facie to produce and file such evidence 
 such evidence shall be prima facie evidence in any prosecution brought for 
 a violation of this provision of this act that such child is under sixteen 
 years of age and is unlawfully employed. L. 1909, S. B. 11, pp. 631-2.) 
 
 Sec. 2. (9-S.) Approval of Certificate. The age and schooling certifi- 
 cate shall be approved only by the county 'superintendent of public instruc- 
 tion, or other school official designated by him, who shall, for the purpose 
 of this act, be empowered to administer an oath. (L. 1909, S. B. 11, p. 632.) 
 
 100 
 
Sec. 3. (19-S). Evidence Required. The age' and schooling certificate 
 shall not be approved unless satisfactory evidence is furnished by the last 
 school census, or certificate of birth, or the register of the city or county, 
 or an affidavit of the date of such birth by a legally registered physician 
 residing therein, stating the time of birth of such child, or the school record 
 of such child, in the public or other school, setting forth the age of such 
 child; Provided, that, in cases where such evidence cannot be obtained and 
 the child appears to be in good health, and of normal size, of not less than 
 sixty inches in height and weighing not 'less than eighty pounds, the parent 
 or guardian of such child may make affidavit stating the age, place and 
 time of birth of such child, or if the child shall have no parent or guardian, 
 such affidavit may be made by the child. The affidavits required by this 
 section must be taken before the officer issuing the employment certificate, 
 who is hereby authorized and required to administer such oath, and who 
 shall not demand or receive a fee therefor. The employment certificate 
 shall not be issued until such child has further personally appeared before 
 the officer issuing the same and he is satisfied that such child is physically 
 able to perform the work which it intends to do. In doubtful cases, such 
 physical fitness shall be determined by a medical officer of the board or 
 department of health. Every employment certificate shall be signed, in the 
 presence of the officer issuing the same, by the child in whose name it is 
 issued. (L. 1909, S. B. 11, pp. 632-3.) 
 
 Sec. 4. (11-S.) Attendance Certificate. The age and schooling certif- 
 icate shall not be approved until the parent or guardian of such child shall 
 present a school attendance certificate as hereinafter prescribed by this 
 act. A duplicate of such age and schooling certificate shall be filled out 
 and sent by the school officer, before whom the same is made, to the Com- 
 missioner of Labor. The blank forms for school attendance certificate and 
 for the age and schooling certificate shall be supplied to the county superin- 
 tendents of pub'lic instruction by the state superintendent of public instruc- 
 tion as hereinafter indicated: 
 
 SCHOOL ATTENDANCE CERTIFICATE. 
 
 (Name of School) 
 
 (City and County) 
 
 (Date) 
 
 This certifies that (Name of child) can read and 
 
 write simple sentences in the English language and that according to the 
 
 records of this school and in my belief is now 
 
 (number of years and months) old, and has attended school during the full 
 school term of the preceding year. 
 
 (Name of Parent or Guardian) 
 
 __ _ (Residence) 
 
 (Signature of Teacher) 
 
 101 
 
AGfi AND SCHOOL CERTIFICATE. 
 
 This certifies that I am (father, mother or guardian) of 
 
 __(name of child) and that he (or she) was born at__ 
 
 (town or city) (county) (state or county) 
 
 on the (day, month and year of birth) and is now 
 
 (number of years and months old.) 
 
 (Signature of parent or guardian.) 
 
 (Date) 
 
 (City or town or county) 
 
 Personally appeared before me the above mentioned 
 
 (name or person signing) and made oath that the foregoing certificate is 
 true to the best of his (or her) knowledge and belief. 
 
 I hereby approve the foregoing certificate of (name of child,) 
 
 height (feet and inches,) weight (pounds,) complex- 
 ion (fair or dark,) hair (color,) eyes (color,) 
 
 having no sufficient reason to doubt that he (or she) is of the age therein 
 certified. 
 
 OWNER OF CERTIFICATE. 
 
 This certificate belongs to (name of child) and is to be 
 
 surrendered to him (or her) whenever he (or she) leaves the service of the 
 employer holding the same, but if not claimed bv said child within thirty 
 days aftr leaving said service, shall be sent to the commissioner of labor. 
 
 (Signature of officer, with name of city, town or county and date.) 
 
 (L. 1909, S. B. 11, pp. 632-3.) 
 
 Sec. 5. (12-S.) Violations Penalized. Any person, firm or corporation 
 violating any of the provisions of this act shall be punished by a fine of not 
 less than ten dollars nor more than fifty dollars, or imprisonment for not 
 less than ten nor more than thirty days, or by both such fine and imprison- 
 ment. The employment of any child under sixteen years of age without a 
 certificate as herein prescribed or the employment of any child under six- 
 teen years of age or any girl or woman underground in any mine or quarry, 
 or the signing of any false statement as to the age of any child, or the 
 making of any false statement in an affidavit of an employer, shall be 
 prima facie evidence of guilt. It shall be the duty of the commissioner of 
 labor to see that the provisions of this act are enforced, with the exception 
 of section three shall be enforced by the mine inspector or under his 
 direction. (L. 1909, S. B. 11, p. 634.) 
 
 Sec. 13. All laws and parts of laws in conflict with this act, be and the 
 same are hereby repealed. 
 
 Approved March 2, 1909. (L. 1909, S. B., 11, p. 634.) 
 
 102 
 
ARTICLE XXXI. 
 THE STATE SUPERINTENDENT'S OPINIONS BOILED DOWN. 
 
 1. May women be elected members of school boards? Yes. 
 
 2. May women vote at school elections? Yes. 
 
 3. May postmasters and other federal officials serve on school boards? 
 As a general rule it is not legal, but an exception is made in the case of 
 fourth class postmasters. 
 
 4. May school officers employ their relatives as teachers? No. 
 
 5. When a school treasurer is not elected in cities of the first class at 
 the city elections how is he elected? By the city council. 
 
 6. What member of the district school board is elected in 1910? The 
 clerk. In 1911 the director. In 1912 the treasurer. 
 
 7. How long does an appointed member of the district school board 
 serve? Only until the first annual school meeting following the date of 
 his appointment. 
 
 8. When there is a partial change in the board, may the old board 
 employ teachers or make other necessary contracts? Yes. The courts rule 
 that such a board is a 'continuous body and the retirement of a portion of 
 its members does not destroy its existence as a corporate body. 
 
 9. When there is a complete change in the board, may the old board 
 employ teachers and make contracts for insurance, buildings, etc.? Ordi- 
 narily this can not be done, but the Williams bill contains a clause legal- 
 izing such procedure and gives the present board the right to make such 
 contracts. 
 
 10. What is the legal limit of indebtedness for any school district? 
 The limit fixed by the constitution in Article X, Sec. 26, is 5 per cent and 
 this applies instead of the 4 per cent fixed by the statutes of Oklahoma 
 prior to statehood. See also Art. XXI, H. B. 14, L. 1910. 
 
 11. Can school houses be built on segregated coail land? No unless 
 permission is secured from the secretary of the interior at Washington, 
 D. C. 
 
 12. Can a school district through the County Excise Board under any 
 circumstances vote more than five mills on the dollar for school purposes? 
 Yes. (See Article XIII, H. B. 14, L. 1910.) (See Article VIII, Section 3 in 
 this book.) For building purposes. (See Article VIII., Section 4.) 
 
 13. Is the county superintendent entitled to a fee of $3.00 per day 
 while serving as a member of the county board of examiners? Certainly 
 so, regardless of what his salary may be. 
 
 14. May county superintendents recognize or renew federal certifi- 
 cates? Only when applicants attend the county institute and comply with 
 the provisions of the Evans institute law. 
 
 15. Has the county treasurer any right to pay out money received 
 from fines and forfeitures reverting to the county school fund until such 
 fund has been properly apportioned by the county superintendent? No. 
 
 16. Is it the duty of the county superintendent to apportion the county 
 school fund at the same time he apportions the State school fund? Yes. 
 
 17. Is the use of supplementary texts compulsory? Answer, No. 
 
 18. May members of city council serve as members of school boards? 
 Answer: No. See S. B. 24, L. 1910. 
 
 19. Are county superintendents entitled to a visitation fee of $1.00 per 
 room or only $1.00 per school regardless of the number of rooms? Answer: 
 The latter. 
 
 103 
 
Page. 
 
 Adjacent Territory Attached 21 
 
 Agricultural Instruction ^5 
 
 A. &M. Diplomas.. 75 
 
 Annual Meeting 1 , Art f> ....30 
 
 nt School Land Fund B & 94 
 
 Appeals on District Formation 30 
 
 .tingr Law for Supplies and Books. 17 
 
 Attendance Certificate 69 & lol 
 
 Arbor Day ..^B 74 
 
 Biennial Retort.... 7 
 
 Board of Directors Vacancies 10 
 
 asioner H4 
 
 Bonds to ReJ'und 85 
 
 Bonds City^B 24 & 25 
 
 Bonds General 34 
 
 Bonds Officers Certificate 80 
 
 debtedness S5 
 
 Bonds Fundii^H 85 
 
 Bond Limits 8f> 
 
 Books & Supplies 12 
 
 Business Day Defined 76 
 
 Branches to be Taught .100 
 
 Child Labor I 
 City Election 
 City Electors 
 
 
 
 County Superintendei 
 
 County Excise Board 82 
 
 Change of School House 31 
 
 City Board of Education 22 
 
 Cities of the First Class 21 
 
 Common Schools Defined 20 
 
 College Grades 5 
 
 Condemning Sites 32 
 
 Consolidated District, Art. 12 55 
 
 Chair of Agriculture 96 
 
 Compulsory Attendence , 68 
 
 County High School, Art. 10 50 
 
 Conductors' Institute Report, Art. 13. Sec. 8190..58 
 County Superintendents 3 
 
 Districts-School 29 
 
 District Officers 41 
 
 District Treasurer 43 
 
 Districts Joint 
 
 Districts Disorganized, Art. 12. Sec. 8170 56 
 
 Districts New 29 
 
 Districts in More Than One County, Art. 8 Sec. 
 8080 40 
 
 Disorganized District Property, Art. 14. Sec. 8174 
 
 Estraya 72 
 
 Ethics 71 
 
 Fit 
 
 Fii 
 Fli 
 
 Jo: 
 
 loi 
 
 Ki 
 
 Lit 
 La 
 Le 
 
 Mi 
 
 Nc 
 N< 
 
 aid Into School Fund: .................... 73 
 
 ............................................ 91&92 
 
 ..................................................... 71 
 
 m .............. ......... ............................. 72 
 
 Schools .................................... :..40 
 
 jea, Art. 13 Sec. 8187 ...................... 68 
 
 is. Art. 11 .................................... 64 
 
 Mid Issues 
 
 3. Art. 17. 
 
 ..39 & 70 
 
 Of 
 
 ..39 
 
 ..43 
 
 ..24 
 
 tutes, Art. 13 58 
 
 ol Certificates ....74 
 
 76&T8 
 
 trict. Art. 9 41 
 
 ,nds 85 
 
 chool Houses, Sec. 8076 38 
 
 Certificates. Act. 13. Sec. 8185 59 
 
 axation Constitutional Provisions...79 
 egislative Provisions 81 
 
 lation. Art. 7. ... 
 
 School Laws Publication 
 
 School Month 
 
 School Dist. Treasurer Bond, Art. 9. Sec. 
 
 Duties 8095 
 
 Sectarian Instruction Not Allowed. Sec. 8028 
 
 Sinking Fund 
 
 State Superintendent 
 
 School Land Board 
 
 Special School Meeting 
 
 State Board of Education 
 
 State Certificates 
 
 State Uniform Books 
 
 Suffrage 
 
 Separate Schools. Art. 14 
 
 State Superintendent's Opinions ... 
 State Superintendent's Duties 
 
 Tuition 
 
 Three Months' School 
 
 Teachers and Certificates 
 
 Teachers' Contract. Sect. 8111 
 
 Tax. Levy, H. B. 14. Spl. 1910 
 
 Text Book Commission 
 
 Tax Limits 
 
 Two or More School Houses 
 
 Transfer of Separate School Pupils.. 
 
 Union Schools 
 
 University Diploma 
 
 Vote Required for County Tax Ley 
 Vote Required for School Districts.. 
 
 Warrants How Paid 
 
 Warrants Registered 
 
 ...30 
 ....5 
 ....5 
 ...13 
 ...91 
 ..62 
 .103 
 
 ..70 
 ..74 
 ..46 
 ..81 
 ..13 
 ..79 
 ..34 
 
 ..55 
 
 ..75 
 
 ..43 
 
 .44 
 
 PEERLESS PRESSe 
 
 ^OKLAHOMA CITY 
 
 104 
 
GIFT 
 
 STATE OF OKLAHOMA 
 
 SCHOOL LAWS 
 
 Passed by the 
 
 Third Legislature 
 
 1911 
 
 UNIVEft 
 
 OF 
 
 COMPILED BY 
 R. H. WILSON, State Superintendent 
 
 PRESS OF HERALD-DEMOCRAT 
 McAlester. Okla. 
 
CONTENTS ^ 
 
 Pr .. ..... -. .. , ..... ... 
 
 Proposed Amendment, providing for the levying of % tax 
 
 ! ; ? for; ; the- benefit; of (Dommori Schools, ' House Joint 
 
 Resolution No. ! 2. : T'age ' . : ; ; . . . . ........ ...... : 
 
 TC - - - - ... ..... s ; v 
 
 To give : to'Commer,cj&LQiuhs a right to' lease attd purchase 
 State lands. House Bill No. 8'5- -Tage ....... iJ 
 
 y. } . r ...... 
 
 (To gjve any .purchaser, of school land, the privilege of pay- 
 ing all deferred payments. flcraSe Bill^o. 86rPage. i 
 
 ie ,and creating a. fun^ to be kri6wn as' consoli- 
 dated school district fund. House Bill 'No. 9&r Page 8 
 
 Providing for the .Attendance .of school children in dis- 
 ; .-,, ftrjcts other; , |.haii the distHcts i"n 'which they* reside. 
 
 House Bill No. 108. ! Page ..... . ....... -------- n 10 
 
 : Directing; .County Superintendents to employ tlie teachers 
 ! .; for separate or minority schools. House Bill No. 145. 
 
 Page '.:;.;.::.:;::::..;....;.; 4 > , ....... i . .. i L 
 
 Requiring all splxopl, funds, to be deposited in banks paying 
 : :; 3 ; per cent interest on daily balances.' Hdiise- Bill No. 
 
 396. 'Page ......................... ....... . ! . 12 
 
 fpr sale of school , lands fdr sites for ' school 
 houses. Senate Bill No. 62: Page . . . _________ ..'.'.. 12 
 
 Giving; the Cpu?ity Supermtendents the fight to employ 
 an assisitanjt ; ,aljpwirig them 1 traveling expenses 
 
 ;: while inspecting schools. ! Semite -Sill s No. 85. 
 
 Page .......... .......... . . . . . . . , . ------- ...(.. 14 
 
 Rel:ating tp-fhe issuance of .warrants and certificates of 
 
 indebtedness, etc: ( Se : riate ( BHf ; No. 100. Page . . . J . . 14 
 
 Providing --for, a State Board of Education. Seiiate Bill 
 
 No. 1W7 Page . . . . . . . . . . . . ;. ...... ...... . ^ . . 18 
 
 Empowering the Sta,te .Superintendent to appoint a 
 > State Inspector ' of Schools. Senate 'Bill: No. 139. 
 Page -... ....... ....:;.. ......... --------- '. . . . 20 
 
 Provrd-ijig fpr transportation of pupils in consolidated 
 
 school districts; " HOusfe Bill No. 42. Page . . .1. . . 21 
 
SCHOOL LAWS 
 
 ENROLLED. 
 
 House Joint Resolution Xo. 2. 
 
 By Milburn, Killam and Coyne of the House and Franklin 
 of the Senate. 
 
 A Resolution Authorizing the Submission of a Proposed 
 Amendment to the Constitution to the People for Their 
 Approval 1 or Rejection; Said Proposed Amendment Pro- 
 viding for the Levying of a Tax for the Benefit of the 
 Common Schools and the Distribution Thereof. 
 Be it Resolved by the House of Representatives and the 
 Senate of the State of Oklahoma: 
 
 The following proposed amendment to the Constitution of 
 the State of Oklahoma shall be referred to the people for 
 their ratification or rejection at the general election to be 
 held in the year 1912. Said proposed amendment shall be 
 submitted under Article 5 and 24 of the Constitution and 
 under the provisions of Article 1 of Chapter 44 of the Ses- 
 sion Laws of Oklahoma, 1907-08, to be known, if adopted 
 or approved by a majority of votes cast at such election, 
 as Section 31, Article 10, of the Constitution. 
 
 Section 31. The Legislature shall have power to levy taxes 
 in the aid of the common schools of the state and to provide 
 for the apportionment and distribution thereof. Whenever 
 the amount realized from a five mill ad valorem levy and all 
 other sources shall be insufficient to maintain the common 
 schools in any district five months in any year the remaiing 
 sum necessary to so maintain such school shall be apportioned 
 and paid out of such state levy. 
 
 Said proposed amendment shall be submitted in the fol- 
 lowing, form : 
 
 Shall the Proposed amendment be adopted? 
 
 Yes 
 
 No 
 
Said proposed amendment to the Constitution of the State 
 of Oklahoma, shall, upon receiving a majority of all electors 
 voting at said election, voting in favor of said amendment, 
 be adopted and shall constitute a new section to be known 
 as Seeton 31, of Artcle 10. 
 
 Passed the House of Representatives January 23, 1911. 
 
 W. A. DURANT, 
 
 Speaker of the House of Representatives, 
 Passed the Senate the llth day of March, 1911. 
 
 J. ELMER THOMAS, 
 President Pro Tempore of the Senate. 
 Approved March Sixteenth, 1911. 
 
 LEE CRUCE, 
 Governor of the State of Oklahoma. 
 
 W. H, NEW, 
 Chairman Committee on Enrollment. 
 
 ENROLLED. 
 
 I 
 
 House Bill No. 85. 
 
 By Logan. 
 
 AN ACT 
 
 To Give to Commercial Clubs, Chambers of Commerce, or 
 Other Similar Organizations, a Right to Lease and Pur- 
 chase State Lands Prom the Commissioners of the Land 
 Office and Declaring an Emergency. 
 Be it Enacted by the People of the State of Oklahoma: 
 
 Section 1. That any Commercial Club, Chamber of Com- 
 merce, or other similar organization, incorporated under the 
 laws of the State of Oklahoma, of any city, town or village 
 of the State of Oklahoma, shall be permitted to lease or pur- 
 chase land from the Commissioners of the Land Office of the 
 State of Oklahoma, under the same rules and regulations as 
 other lesses or purchasers of state land; Provided, that said 
 land so leased or purchased must be located within one mile 
 of the corporate limits of said 'city, town or village. Provided, 
 that not more than three hundred and twenty acres of said 
 land shall be leased or sold to such organization in any city, 
 town or village. 
 
 Section 2. For the preservation of the public peace, health 
 and safety, an emergency is hereby declared to exist, by reason 
 whereof this act shall take effect and be in full force from 
 and after its passage and approval. 
 
 Passed the House of Representatives this 24th day of Feb- 
 ruary, 1911. 
 
 W. A. DURANT, 
 
 Speaker of the House of Representatives. 
 Passed the Senate this the 4th day of March, 1911. 
 
 J. J. McALESTER, 
 
 President of the Senate. 
 Approved March Sixth, 1911. 
 
 LEE CRUCE, 
 Governor of the State of Oklahoma. 
 
 W. T. CLARK, 
 Acting Chairman of Committee on Enrollment. 
 
 5 
 
ENrROJLLEDL . 
 
 House. Rill No. 86, . . 
 
 Byl'Logan; 
 
 AN- ACT, ^ 
 
 ToTGive Any Purchaser ot .School , Land Situated Within One 
 Mile 'of the 1 Corporate Limits .of Any City, Town or Village' 
 in the State of Oklahoma, the Privilege of Paying All 'De- 
 ferred Payments on Said Land at. Any Time After the Pur- 
 chase Thefeof- and ^ Repealing All Acts in 'Conflict Here- 
 with. 
 Be it Enacted- by the People- oLthe State of Oklahoma: 
 
 Section -I. 1 The purchaser, of. any. school land, FdTcT~by the 
 C6mmissiohers of the Land office of, the State of Oklahoma, 
 sitiiate'tt "within one. jnile- oL the .corporate limits of any city, 
 town or village in the State of Oklahoma, shall 'have the 
 privilege -at- the -tinre ,of -the .purchase, or at ,any time there- 
 after, to pay any - or all- deferred .payments, both principal 
 and accrued interest to the Commissioner of the Land Office 
 of the i3fate t)f Oklahoma, and upon such.p'aymeht being "made 
 the patent for said -land -shall- -be, issued , to the purchaser or 
 his assigns by the Commissioner ..of ..the Land .Office 'of the 
 State of Oklahoma, as provided by law. 
 
 Section 2: Air -acts and -parts ..of ..act? in conflict herewith, 
 are hereby repealed.- 
 
 Passed "the House o,f Representatives, this the 24th day of 
 February;, . 1#1 ;! i ; 
 
 W. A. DURANT, 
 
 Speaker of -the House of Representatives. 
 1 assed- tjie Senate this, the 4th day of "March," 1911. : 
 
 J, ELMER tHQMAS, 
 President Pro, Tempore of the Senate. 
 Myarch Sixth ,1911. 
 
 LE^] CRUCE, 
 Governor of. the State of Oklahoma. 
 
 W.. T. CLARkr 
 Acting Chairman of Committee on 'Enrollment. 
 
 ENROLLED. 
 
 House Bill No. 95. 
 
 By Coffey of the Senate and Woodson of the House. 
 
 AN ACT 
 
 ^Setting Aside and Creating a Fund to .be Known as Consoli- 
 dated School District Fund, for a Specified Use, All the 
 'Lands, and Funds Derived from the Sale Thereof, Embradetf 
 ; in Section 33, and ;Lands Selected in .Lieu Thereof, Lodatefl 
 in Greer County, as the .County Existed .Prior to Statehood, 
 Together 'With the Proceeds of All Incomes 'Derived, or 
 'That ^May Accrue Therefrom Ma-king 'Proyisiohs for the 
 Sale of ^aid'Land. 
 'Be it Enacted by- the People of the State of Oklahoma: 
 
 Section'!. All- the- lands and funds that \ have Heretofore 
 1 been or may hereafter be derived from .the sale thereof, em- 
 1 braced in Section 33 accordiTig. to the United States' survey, 
 'located' in 'Greer county, as the county existed prior to Novem- 
 f ber : 16:th, ^967, ; together, with all", lauds selected in lieu 
 
thereof , and the proceeds of all rentals, interests and sales 
 accrued, or that may accrue therefrom, shall be set aside 
 and credited to a fund which is hereby created, to be known 
 as the "Union .Graded or Consolidated School District Fund" 
 the same to be used only to assist in constructing or 'paying 
 for school buildings or consolidated school districts that have 
 been or may hereafter s be contructed under existing laws per- 
 taining to consolidated school districts. 
 
 Section 2. The Commissioners of the Land Office are au- 
 thorized and directed to sell and convey the lands described 
 and set aside in Section 1 of this Act; same to be sold under 
 the provisions, limitations, exceptions, rules and regulations 
 of lands sold under amended Senate Bill No. 1, approved 
 March 2nd, 1909, the same being Article 2 of Chapter 28 of 
 the Session Laws of Oklahoma, 1909, or as may be here- 
 after provided by law. 
 
 Section 3. Such funds as have now accrued by virtue of 
 rentals, and such as may hereafter accrue by virtue of rentals, 
 and the proceeds of sale and interest thereon, prior to Jan- 
 uary 1st, 1913, are hereby appropriated and placed at the 
 disposal of the State Board of Education, subject to the 
 conditions and limitations contained in this Act. 
 
 Section 4. The State Board of Education in apportioning 
 said fund shall make such rules and regulations as shall ulti- 
 mately result in a fair and eouitable distribution of said fund 
 to the different counties of the state, in proportion as nearlv 
 as may be possible to the scholastic population outside of 
 cities of the first class. 
 
 Section 5. In any union graded or consolidated school dis- 
 trict that has been formed for a term of not less than six 
 scholastic months, and has employed at least three teachers, 
 and has an actual attendance during the said term of not 
 fewer than one hundred thirty scholastic pupils residing 
 within the boundary of said district, (the district having fur- 
 nished free transportation to such as are contemplated by 
 the law provided for consolidated school districts), and that 
 has already constructed and furnished a suitable building of 
 rot fewer than three rooms, upon making proof of com- 
 pliance with the foregoing provisions approved by the State 
 Superintendent of Public Instruction, shall have drawn by 
 the State Auditor upon tbe State Treasury against said 
 
 building fund in favor of tbe treasurer of said consolidated 
 schcol district, a warrant for a sum not to exceed one-half 
 tbe co?t of said building. Provided, that in no case shall 
 any district receive a sum exceeding twenty-five hundred 
 ($2,500.00) dollars, from the appropriation herein made: 
 provided, that the State Board of Education may decrease 
 this amount if in its judgment the amount is greater than 
 a fair proportion belonging to one district. 
 
 Section 6. Whenever a school district of not less than 
 twenty-five (25) square miles in area shall have been estab- 
 lished and conducted for a period of riot less than six months 
 under the terms of existing laws with reference to the 
 consolidation of schools, and a building containing not fewer 
 than three rooms, suitably constructed, equipped and fur- 
 nished shall have been built, and a graded school employing 
 not less than three teachers shall have been conducted for a 
 
term of not less than six months, upon making proof of 
 compliance with the foregoing provisions approved by the 
 State Superintendent of Puonc Instruction shall have drawn 
 a warrant in favor of the district treasurer as. provided in 
 Section 5 of this act. 
 
 Passed the House of Representatives this the 28tn day of 
 February, 1911. 
 
 W. A. DURANT, 
 
 Speaker of the House of Representatives. 
 Passed the Senate this the llth day of March, 1911. 
 
 J. ELMER THOMAS, 
 President Pro Tempore of the Senate. 
 Approved March Twentieth, 1911. 
 
 LEE CRUCE, 
 Governor of the State of Oklahoma 
 
 ENROLLED. 
 
 House Bill No.108. 
 
 By Barrett and A-kin. AN ACT 
 Providing for the Attendance of School Children in Districts 
 
 Other than the Districts in Which They Reside: 
 Be it Enacted by the People of the State of Oklahoma: 
 
 Section 1. The county superintendent of any county in this 
 state, may when in his judgment the best interests of the 
 schools will net be adversely affected, and when requested by 
 the parents or guardian, permit children living in any school 
 district in this state at a distance of two miles or more from 
 the school house at the home district, to attend school in 
 another district, by giving notice in writing, to the school 
 boards of the two school ditsricts affected, at least two 
 months before beginning of school in either district. When 
 the county superintendent authorizes such transfer of children 
 from one district to another, he shall tranfer the state, county, 
 and school district funds for such children from the district 
 in which they reside to the district in which they attend 
 school. Provided that any child, prepared to enter a grade 
 higher than is offered by the home district, shall be en- 
 titled, on written request of the parent, to transfer in the 
 same manner as described in this act, to a district, town or 
 city school offering such higher grade of work. 
 
 Section 2. After having given notice of the proposed 
 change of districts, the parents and children shall be bound 
 for the school year unless released by act of the majority ot 
 the school board of each district affected. The children shall 
 be governed by the regulations, rules and the compulsory 
 school law of the district in which they have chosen to at- 
 tend school. 
 
 Section 3. Renters and others who come into a school 
 district after the school term has begun may make a choice 
 of schools under the above regulations by giving notice as 
 soon as a residence has boen established, and their children 
 shall be enumerated for that year by the school board for 
 the district in which they shall attend school. 
 
 Passed the House of Representatives, this the 6th day of 
 February, 1911. 
 
 8 
 
W. A. DURANT, 
 
 Speaker of the House of Representatives. 
 Passed the Senate, this the llth day of Marsh, 1911. 
 
 J. ELMER THOMAS, 
 President Pro Tempore of the Senate. 
 Approved March Sixteenth, 1911. 
 
 LEE CRUCE, 
 Governor of the State of Oklahoma. 
 
 W. H. NEW, 
 Chairman Committee on Enrollment. 
 
 ENROLLED. 
 
 House Bill No. 145. 
 
 Hy Sleen and Jayne of the House and Graham of the Senate. 
 
 AN ACT 
 
 Directing County Superintendents of Public Instruction to Em- 
 ploy the Teachers for the Separate or Minority Schools in 
 Their Respective Counties, Empowering Them to Prescribe 
 Rules and Regulations for the Government of Such Schools, 
 Repealing All Laws in Conflict Herewith, and Declaring an 
 Emergency. 
 He it Enacted by the People of the State of Oklahoma: 
 
 Section 1. It shall hereafter be the duty of all County 
 Superintendents of Public Instruction to contract with and 
 employ all the teachers for the separate, or minority 
 schools now maintained or hereafter to be established in their 
 respective counties; said teachers before being so employed 
 shall possess all the qualifications which are now required 
 by law, and shall be paid in the same manner as is now pro- 
 vided by law. 
 
 Section 2. The County Superintendent of Public Instruction 
 shall have the power to prescribe rules and regulations for 
 the government of said separate or minority schools. 
 
 Section 3. An emergency is hereby declared to exist by 
 reason whereof it is necessary for the immediate preservation 
 of the public health and safety that this act take effect and 
 lie in force from and after its passage and approval. 
 
 Passed the House of Representatives the 15th day of Feb- 
 ruary, 1911. 
 
 W. A. DURANT, 
 
 Speaker of the House of Representatives. 
 Passed the Senate the llth day of March, 1911. 
 
 J. ELMER THOMAS, 
 
 i President Pro Tempore of the Senate. 
 Approved March Sixteenth, 1911. 
 
 LEE CRUCE, 
 
 Governor of the State of Oklahoma, 
 v W. H. NEW, 
 
 Chairman Committee on Enrollment. 
 
 ENROLLED. 
 
 House Bill No. 396. 
 
 By Wright, Fuller and Jackson. 
 
 AN ACT 
 Requiring Treasurers^* Cities, Towns, Villages, Treasurers of 
 
Boards of Education of Cities, Township Treasurer and 
 School District Treasurer, to Deposit All Money Belonging 
 to Such City, Town, Village, Board of Education of Cities, 
 Township and School District Funds, in Banks Paying 3 
 Per Cent Interest on Daily Balances, Fixing Penalty for 
 Violation Thereof, and Declaring an Emergency. 
 Be it Er acted by the People of the State of Oklahoma: 
 
 Section 1. No Treasurer of any city, town, or village, Treas- 
 urer of the Board of Education of any City, Township Treas- 
 urer, nor School District Treasurer in this state, shall de- 
 posit any of the money belonging to such city, town, village, 
 the Board of Education of such city, Township Treasurer or 
 School District Treasurer, in any bank which will not pay for 
 such money not less than three per cent interest on the aver- 
 age daily balances cf all such money in said bank; provided 
 such inverest shall become a part of the funds on deposit. 
 
 Section 2. Any such Treasurer who violates Section 1 of 
 this act shall be guilty of malfeasance in office and shall 
 be subject to removal from office. 
 
 Section 3. An emergency is hereby declared to exist for 
 the immediate preservation of the public peace and safety, 
 by reason whereof this act shall be in force and effect from 
 and after its passage and approval. 
 
 Passed, the House of Representatives this the 24th day of 
 February, 1911. 
 
 W. A. DURANT, 
 
 Speaker of the House of Representatives. 
 Passed the Senate this the 9th day of March, 1911. 
 
 J. ELMER THOMAS, 
 President Pro Tempore of the Senate. 
 Approved March Eleventh, 1911. 
 
 4 LEE CRUCE, 
 Governdr of the State of Oklahoma. 
 
 W. H. NEW, 
 Chairman Committee on Enrollment. 
 
 SEXATE BILL XO. 62. 
 
 By Coffe} of the Senate and Logan and McClintic of the House 
 
 A BILL 
 
 Entitled An Act Providing for the Sale of Such School Lands 
 as May Be Needed for Sites for School Houses, and Declar- 
 ing an Emergency. 
 Be it Enacted by the People of the State of Oklahoma: 
 
 Section 1. Upon application of any regularly organized 
 School District Board to the Commissioners of the Land Office, 
 wherein it is made to appear that it is necessary to locate a 
 site for a public school house on any of the Public School Land 
 or State Lands, the Commissioners of the Land Office are here- 
 by authorized and directed to have, or cause to have, such 
 public building site surveyed, said site to not embrace more 
 than four acres of land, and said Commissioner shall cause 
 said site, so located and surveyed, to be appraised as pro- 
 vided by law. and when said School District Board shall have 
 filed with said Commissioners of the Land Office a relinquish- 
 ment of the preference right and interest held therein by the 
 lessee of said site so located and surveyed, or when said 
 
 10 
 
School District Board shall have condemned the preference 
 right and interest of said lessee in said site, express authority 
 being herein granted to such School District Board to so 
 condemn such lessee's interest in any such land for the pur- 
 poses herein mentioned under the condemnation procedure 
 now applicable to railroads, and shall have filed with said 
 Commissioners of the Land Office the final judgment of the 
 court, thereupon said Commissioners of the Land Office shall, 
 upon the payment to the state of the appraised value of 
 said site and tract, so located and surveyed, make, execute 
 and deliver to said School District Board a patent to said 
 tract, as provided by law. 
 
 Section 2. The money arising from the sale of public 
 school land, as provided in Section 1 of this Act, shall be 
 appropriated and used in the same manner and for the same 
 purposes as money arising from the sale of other public school 
 lands of the state, or as money arising from the leasing of 
 public school lands. 
 
 Section 3. An emergency is hereby declared to exist for 
 the preservation of the public peace, health and safety, 
 wherefore this Act shall take effect and be in force from and 
 after its passage and approval. 
 
 Passed the Senate February 23rd, 1911. 
 
 J. ELMER THOMAS, 
 President Pro Tempore of the Senate. 
 Passed the House of Representatives March llth, 1911. 
 
 W. A. DURANT, 
 
 Speaker of the House of Representatives. 
 Approved March Twentieth, 1911. 
 
 LEE CRUCE, 
 
 Governor of the State of Oklahoma. 
 Examined and found correctly enrolled. 
 
 R. P. WYNNE. 
 SENATE BILL NO. 85. 
 
 By Graham of the Senate and Woodson of the House. 
 
 A BILL 
 Entitled 'An Act Giving the County Superintendents of the 
 
 State of Oklahoma a Right to Employ One Assistant; Allow- 
 
 nig Them Their Necessary and Actual Expenses Incurred 
 
 While Inspecting the Schools of the County Once Each 
 
 Year, and Declaring an Emergency. 
 Be it Enacted by the People of the State of Oklahoma: 
 
 Section 1. That each County Superintendent of this state 
 shall have the right to employ an assistant or clerk who shall 
 receive the sum of fifty dollars ($50.00) per month; said 
 salary to be paid monthly by the Board of County Commis- 
 sioners. 
 
 Section 2. That each County Superintendent of this state 
 shall be allowed all actual and necessary traveling expenses 
 while away from home inspecting the schools of the county; 
 Provided, no expense shall accrue for the inspection of a 
 school more than once annually. 
 
 Section 3. An emergency is hereby declared, by reason 
 whereof it is necesary for the immediate preservation of the 
 public peace, health and safety that this Act ta-ke effect and 
 be in force from and after its pasasge and approval. 
 
 11 
 
Passed" by the Senate March 8th, 1911.. ' 
 
 j. ELMER THOMAS; 
 
 President Pro Tempore of the Senate 
 Passed by the House of Representatives March llth, 1911. 
 
 W. A. OTRANT, 
 
 Speaker of the House of Representatives. 
 Approved March Twenty- fourth, 1911. 
 
 LEE CRUCE, 
 
 Governor of the State of Oklahoma^ 
 Examined and found correctly enrolled. 
 
 R. P, WYNNE. 
 
 SENATE BILL, NO. 10O. 
 
 By Jones, 
 
 AN ACT 
 
 Relating to the Issuance of Warrants and Certificates of In- 
 debtedness; Providing Manner and Limit of Issuance of 
 Any Municipality; Method of Registration and Payment; 
 Providing Penalties for Issuing Warrants, Eviden3es 01 
 Certificates of Indebtedness in Any Form in Excess of the 
 Estimate Made and Approved for the Fiscal Year or Au- 
 thorized by a Bond Issue, and Repealing All Acts in Con- 
 flict Herewith. 
 Be it Enacted by the People of the State of Oklahoma: 
 
 Section 1. All public funds of anv county or of any sub- 
 division thereof shall be disbursed only in the payment of 
 legal warrants, bonds and interest coupons. 
 
 Section 2. It n 'nereby made the duty of every officer au- 
 thorized to allow, issue, draw or attest any warrant or cer- 
 tificate of indebtedness against the public funds of any county, 
 city, town, township, board of education, school district or 
 any other subdivision of the county; to issue, drawn and re- 
 cord cl] warrants, bonds, and interest coupons, in tbe numeri- 
 cal order issued on each fund, beginning with number one 
 and issuing toe same consecutively during the fiscal year. At 
 tbe beginning of each fiscal year a new series shall be com- 
 menced, and said series shall be designated by writing the 
 fiscal year en the warrant or certificate of indebtedness for 
 which tbe levy to pay the same has been made. 
 
 Se2tion 3. The term "estimate made and approved" as 
 used herein, is defined to mean the itemized statement of 
 the estimated needs of municipality for its current expenses 
 for the ensuing fiscal year, as approved and fixed by the 
 exci?e board or by vote of the muni3ipality, adding thereto 
 the amount necessary to create a sinking fund to meet matur- 
 ing bonds, judgments and interest coupons, but the amount 
 or limit to which warrants and certificates of indebtedness 
 may be issued, shall not include the ten per cent to be 
 added to the estimate for delinquent taxes. 
 
 Section 4. Each and every warrant or certificate of in- 
 debtedness must be drawn against a specific fund, and there 
 shall be shown on such warrant, or certificate of indebtedness, 
 by tbe officer or person issuing, drawing or attesting the same, 
 the amount of the estimate made and approved by such pur- 
 pose for tbe fiscal year or the specific amount authorized by a 
 bond issue for said purpose; the amount of warrants or cer- 
 
 12 
 
tificates of indebtedness issued or drawn against said fund 
 and the net balance to the credit of said fund. As soon as 
 said warrant, certificate of indebtedness, or bond is issued, the 
 same shall be at once signed and attested and forthwith de- 
 livered by the officer attesting the same, to the treasur< r of 
 the county or subdivision thereof, issuing the same for reg- 
 istration. 
 
 Section 5. It is hereby made the duty of the treas\ rer 
 of the county, or the treasurer of any subdivision thereof, to 
 whom a warrant, certificate of indebtedness or bond is di- 
 rected for payment, to register the same in a book to be -kept 
 for that purpose by entering therein the number, the date, the 
 name of the payee, the fund upon which it is drawn and the 
 amount, and by writing in the warrant or evidence of indebt- 
 ness, the date of registration, his name and official title. All 
 warrants, certificates of indebtedness or bonds shall be reg- 
 istered in the same numerical order in which the-,- have been 
 issued, and when so registered shall be returned to the officer 
 attesting the same. No warrant, certificate of indebtedness 
 or bond shall be a valid charge until registered by the treas- 
 urer of the municipality issuing the same. Warrants and all 
 evidences of indebtedness shall bear interest at the legal rate 
 from and after its registration by the treasurer, unless there 
 is cash on hand to pay the same when presented for regis- 
 tration and then the treasurer shall make the same "payable' 1 
 after registering the same, and no interest shall be computed 
 or allowed thereon when paid. When the treasurer has 
 money on hand to pay warrants duly registered, he shall pub- 
 lish notice thereof in one issue of a newspaper, or by posting 
 Pve rotices in public p T aces. and interest shall cease on said 
 warrants after thirty days from the date of said publication or 
 posting of said notices. 
 
 Section 6. Warrants and certificates of. indebtedness may 
 be issued to the amount of the estimate made and approved 
 by the excise board for the current fiscal year or to the 
 amount authorized for such purpose by a bond issue. 
 
 Section 7. It shall be unlawful for any officer to issue, 
 approve, sign, attest or register any warrant or certificate of 
 indebtedness in any form in excess of the estimate of expenses 
 made and approved for the current fiscal year or authorized 
 for such a purpose by a bond issue, and any such warrant or 
 certificate of indebtedness issued, approved, attested or regis- 
 tered in excess of the estimate made and approved or author- 
 ized by a bond issue, shall not be a charge against the mu- 
 nicipality upon which it is issued, but may be collected by civil 
 action from any officer issuing, drawing, approving, signing, 
 attesting, resistering or paying the same, or from either or all 
 of them or from their bondsmen. 
 
 Section 8. Any treasurer who shall register or pay a war- 
 rant, or certificate of indebtedness, issued in excess of the 
 estimate made and approved by the excise board for the 
 current fiscal year, or in excess of a bond issue for such pur- 
 pose, shall be guilty of a misdemeanor. 
 
 Section 9. It shall be unlawful for the Board of County 
 Commissioners, the city council or the commissioners of any 
 city, the trustees of any town, board of education, township 
 board, school district board of any member or members of the 
 
 13 
 
aforesaid commissioners, or of any of the above named boards, 
 to make any contract for, incur, acknowledge, approve, allow 
 or authorize any indebtedness against their respective munic- 
 ipality or authorize it to be done by others, in excess of the 
 estimate made and approved by the excise board for such 
 .purpose for such current fiscal year, or in excess of the 
 spe3ific amount authorized for such purpose by a bond issue. 
 Any such indebtedness, contracts, incurred, acknowledged, ap- 
 proved, allowed or authorized in excess of the estimate made 
 and approved for such purpose for such current fiscal year 
 or in excess of the specific amount authorized for such pur- 
 pose by a bond issue, shall not be a charge against the mu- 
 nicipality whose officer or officers contracted, incurred, ac- 
 knowledged, approved, allowed or authorized or attested the 
 evidence of said indebtedness, but may be collected by civil 
 action from any official contracting, incurring, acknowledg- 
 ing, approving or authorizing or attesting such indebtedness, 
 or from his bondsmen. 
 
 Section 10. Any officer contracting, incurring, acknow- 
 ledging, authorizing, allowing or approving any indebtedness, 
 or any officer issuing, drawing, or attesting any warrant or 
 certificate of idebtedness in excess of the estimate made and 
 approved by the excise board for such purpose for such cur- 
 rent fiscal year or in excess of the specific amount authorized 
 for such purpose by a bond issue, or who violates any other 
 provision of. this Act, shall be deemed guilty of a misde- 
 meanor, and upon conviction shall be fined not less than 
 one hundred dollars or more than one thousand dollars, and 
 shall forfeit and be removed from his office. 
 
 Section 11. All acts or parts of acts in conflict herewith are 
 hereby repealed to the extent of such conflict. 
 
 Passed by the Senate February 20, 1911. 
 
 J. ELMER THOMAS, 
 President Pro Tempore of the Senate. 
 
 Passed by the House of Representatives March 11, 1911. 
 
 W. A. DURANT, 
 Speaker of the H6use of Representatives. 
 
 Aproved March Fifteenth, 1911. 
 
 LEE CRUCE, 
 Governor of the State of Oklahoma. 
 
 Correctly enrolled. 
 
 R. P. WYNNE. 
 
 SENATE BILL NO. 132. 
 
 As Amended by Conference Committee. 
 
 By Wynne, Coffey and Williams of te Senate, and Barrett, 
 Akin, Logan, Durant, Davison, Clark (of Grant) and Williams 
 (of Comanche) of the House. 
 
 A BILL 
 Entitled An Act to Provide for a State Board of Education, 
 
 Prescribing Its Powers and Duties and Declaring an 
 
 Emergency. 
 Be it Enacted by the People of the State of Oklahoma: 
 
 Section 1. The State Board of Education shall consist of 
 seven members including the State Superintendent of Public 
 Instruction, who shall be the President, and six members ap- 
 
 14 
 
pointed by the Governor and with the advice and consent of 
 the Senate,. for a period of six years, except as hereinafter prc- 
 vidjed. The appointive" Members "Shall possess the, . sanxe 
 qualificatibjris and be' subject to the same restrictions and lim- 
 itations : as are how -required: of the Text "B.oqk Commission, 
 an!d at least* two "cf them shall; be: practical school men who 
 shall have, 'had at least ; fou>r; years experience in, actual school 
 work,. , two years of which shall have been -in the State', of 
 Oklahoma, Updn the passage and approval of this.' Act two 
 members shall he appointed for a : term ending June'. 30th, 
 1913, two members for a term ending. June 3,0, .1915, and 
 two members for a term ending June 3Q, 191 7,, subsequent ap- 
 pointments, except to fill vacancies, shall be , for the full term 
 of six years. ' ", ' ."'..' 
 
 'The appointive -members :of. said .board shall, receive as 
 cdmperisatio'n for their services the sum of six ($6.00) dollars 
 per day, their necessary traveling expenses, and -actual hotel 
 expenses not to exceed three ($3.00); dollars pei? -day, while 
 \ri the performance of their duties and they shall not be 
 removed during their term of office except for cause. 
 
 ; There shall be appointed by the President to be approved by 
 said board, a secretary, who shall receive a salary of "two 
 thousand dollars per annum, and a : stenographer .wlio, shall 
 receive salary t of twelve hundred :dollars per annum, payable 
 monthly and said positions are hereby created. 
 
 Section 2. The State Board of Education, organized in ' 
 pursuance; of this Act, shall be the legal successor of the State 
 Board of Education as it now: exists, the State Text JLJoc'k Com- 
 mission, .the. Board of Regents of the.: State University, the' 
 Board of Regents of the University Preparatory Schools at 
 Tfonkawa and Claremore, the Board of Education. now in con- 
 trol of the State Normal Schools, the Board of Regents of the' 
 0klahoma Industrial Institute and College for, Girls at Chick- 
 asha, the Board of Regents of the School of Alines and Metal- 
 lurgy at Wilburton, the Board of Control of the School for the 
 Deaf at Sulphur, the Board of Control for, the School for the 
 Blind, the Board of Control of the Boys', Training School at 
 pauls Valley,' the Board of Control of the Orphans' Home, at 
 Prypr preek, the Board of Control of the Institution for the 
 Feeble Minded at Enid, the Board of Regents of the Colored 
 AgricuHural and Normal University , at ; Langston, the Board 
 of Regents of the Institute for the Beat Blind and Orphan^ 
 Honie for the Colored at Taft, and shall have all the po\yers. 
 rights and 'privileges heretofore legally exercised by said 
 .Boards; Provided, nothing in this Act: shall invalidate any 
 ^contracts entered into by the Text Book .Commission. Said 
 ( J B6ard shall have the following additional powers and. duties': 
 ', a. , The. general supervision of the public, schools of the 
 state. . ; 
 
 b. To formulate and adopt courses of study for the com- 
 mon schools and county normal institutes, and arrange courses 
 of study and adopt text books ' for -use in the higher educa- 
 'tionai institutions of the state. 
 
 j c.. . To formulate rules' and regulations governing the 
 1 issuance of all certificates tO'. teach in the public schools of 
 . this. state. . ' ' 
 
 d. To prepare questions far the exapiijnatjoji of. a,ppjican,ts 
 
for county and city certificates to teach in the public schools 
 of the state. 
 
 e. To examine applicants for state certificates, to teach in 
 the public schools of the state, and for conductors' and in- 
 structors' certificates to teach in the county normal institutes. 
 
 f. To prepare examination questions for graduates from 
 the eighth grade of the public schools. 
 
 g. To classify the public high schools of the state and 
 properly accredit them to the various higher educational insti- 
 tutions of the state. 
 
 h. To formulate and adopt courses of study for state pu- 
 pils' reading circles, and for state teachers' reading circles, 
 and to select boo-ks to be used in said reading circles, and to 
 prepare questions for the issuance of reading circle certifi- 
 cates. 
 
 i. The State Board of Education jshall make a biennial 
 report to the Governor and Legislature, setting forth the 
 work of the board and the condition of the schools of the 
 state. The board shall also prepare and submit to the 
 Governor thirty days before the convening of each regular 
 pessicn of the Legislature a budget estimating the necessary 
 appropriations for each of the institutions under their man- 
 agement and control. 
 
 j. Upon application having been made in writing by the 
 organization representing the commercial and business col- 
 leges and institutions in this state, it shall be the duty of 
 said board to formulate rules and regulations which shall 
 govern the organization, operation, management and control 
 of said commercial and business colleges; the authority herein 
 granted is in addition to that above stated to extend to the 
 formulation and adoption of courses of studies, the length of 
 time necessary to complete same, and rules and regulations 
 governing the issuance of diplomas by said commercial col- 
 leges. 
 
 Section 3. For the preservation of the public health and 
 safety an emergency is hereby declared to exist, by reason 
 whereof it is necessary that this Act take effect and be in 
 force from and after its passage and approval. 
 
 Passed by the Senate March 3rd, 1911. 
 
 J. ELMER THOMAS, 
 President Pro Tempore of the Senate. 
 
 Passed by the House of Representatives March 6, 1911. 
 
 W. A. DURANT, 
 Speaker of the House of Representatives. 
 
 Approved March Sixth, 1911. 
 
 LEE CRUCE. 
 Governor of the State of Oklahoma. 
 
 Examined and found correctly enrclled. 
 
 GEO. A. COFFEY, 
 
 Chairman. 
 
 RNROLLKD. 
 
 Senate Bill Xo. 13. 
 
 By Wynne of the Senate and Akin of the House 
 
 A BILL 
 Entitled an Act Empowering the State Superintendent to Ap- 
 
 16 
 
point a State Inspector of Schools; and Fixing His Duties 
 and Salary. 
 Be it Enacted by the People of the State of Oklahoma: 
 
 Section 1. The State Superintendent may appoint a Tstate 
 School Inspector, who shall visit and inspect the city, town 
 and rural schools of the State, and aid in giving information 
 and assistance in the organization and maintenance taereof 
 This Inspector shall assist the State Superintendent in pre- 
 paring such special reports to the Governor, Legislature and 
 State Board of Education bearing upon the condition and 
 needs of the city, town and rural schools of the State as may 
 be advisable. It shall also be the duty of this Inspector to 
 confer with each city and county superintendent concerning 
 the condition and needs of the schools in his city or county, 
 to consult with, school officers, patrons and teachers in regard 
 to school management, discipline, branches of study, school 
 law and school sanitation, and by public lectures, conferences 
 and meetings endeavor to arouse an intelligent interest in in- 
 dustrial and agricultural education, as well as in the routine 
 work of the schools. He shall investigate and report to the 
 Superintendent plans for a better and more economical organ- 
 ization of tfce state school system, and more perfect articula- 
 tion thereof. He shall, as far as practicable, encourage and 
 assist in the organization and establishment of consolidated 
 rural schools and rural high schools. 
 
 Section 2. The Inspector, provided for by this Act, shall 
 work under the direction of the State Superintendent, and 
 shall report to him as often as may be necessary concerning 
 the condition of the schools inspected by him in the discharge 
 of his duties. When the schools are not in session, said In- 
 spector shall be assigned to other duties by the State Super- 
 intendent. 
 
 Section 3. The State School Inspector shall receve an an- 
 nual salary of eighteen hundred dollars ($1,800.00). and 
 shall be reimbursed for all actual and necessary traveling ex- 
 penses when duly certified to by the State Superintendent. 
 
 Section 4. Section 5884 of the Statutes of 1893 (the same 
 being Section 7962 of Snyder's Compiled Laws) is hereby re- 
 pealed. 
 
 Passed by the Senate March 8, 1911. 
 
 J. ELMER THOMAS, 
 President Pro Tempore of the Senate. 
 Passed by the House of Representatives March 11, 1911. 
 
 W. A. DURANT, 
 
 Speaker of the House ot Repiesentatives. 
 Approved March 22nd, 1911. 
 
 LEE CRUCE, 
 
 Governor of the State of Oklahoma. 
 Correctly enrolled. 
 
 R. P. WYNNE. 
 
 ENROLLED. 
 
 House Bill Xo. 462. 
 
 By Williams (of Ccmanshe.) 
 
 AN ACT 
 To Provide for the Transportation of Pupils in Consolidated 
 
 17 
 
Schobl Districts,' and Repealing ; all, A<ts in. Conflict Here- 
 
 ' 
 
 , 
 
 Be. it Enacted by tile' People of the State of Oklahoma: 
 
 Section 1. 'Section 4 of Article 1, 'Chapter- 33, -.,La^s of 
 Oklahoma,, is hereby amended to read as -follows:. 
 
 .Section 4. The powers and duties ;of the, District Board 
 herin ; provided and of its several; officers shall be the same 
 as those provided by law : for school district boards and .their 
 several officers, and 'hi 'addition, it shall be. the. duty of said 
 District Board to provide transportation to and from school 
 far all pupils living one and one-ha-lf miles or more therefrom, 
 .iri suitable vehicles of ample. size, with somfcrtable seats ar- 
 ranged to conform to the sizes of the pupils to be carried with 
 an adjustable cover for tiie : comfort and protection o.f the 
 pupils, drawn by stout, gentle teams and driven by. persons 
 of good moral character; ; who shall have-control of said pupils 
 during tWir transportation^ provided 1 , however,-. that .when 
 a ^majority of the voters voting at a; special, meeting called 
 by prbper notices 1 as provided in law shall vote to do' away 
 Jvith the transportation" by the district, : then transp.ortation 
 sb^all .not, .be mandatory. ? . 
 
 'Section ; 2v All acts- and parts of -acts in con-fli2t herewith 
 be, and the same are hereby rep.ealed: ; 
 
 Passed the House of Representatives M^irch .1, 1911. 
 ; "'' -''--.<: i :. '.9; '. W. A.'DURANt, : 
 
 Speaker' of tile; Hou^e/of -Representatives 
 Passed the Senate March 11, l&ll/. , .,' .-., ( 
 : ...... ;il!l - J. ELMER THOMAS, 
 
 ', V President of the Senate 
 Approved March 22, ' LSJli.r ' . ^ , 
 
 " ."LEE-CRUCE, 
 '- (Jovernor .of the State of Oklahoma. 
 
 ; wl H: 'NEW; -, 
 
 ,, Chairman Committee on Enrollment.. 
 
 " * i O * 
 
 18 
 
THIS J3UUJ*. IS JJUJti UJN TCOJS JjAST 
 
 STAMPED BELOW 
 
 AN INITIAL FINE OF 25 CENTS 
 
 WILL BE ASSESSED FOR FAILURE TO RETURN 
 THIS BOOK ON THE DATE DUE. THE PENALTY 
 WILL INCREASE TO SO CENTS ON THE FOURTH 
 DAY AND TO $1.OO ON THE SEVENTH DAY 
 OVERDUE. 
 
 APR 2 
 
 
 APR 24. 1Q4SF 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 LD 21-100m-7,'39(402s 
 
247909 
 
 ; 
 
 O3