X) L B SCHOOL- L-MWS OF 7VIISSOURI 1SO3 COURSES OF STUDY RECOMMENDED FOR RURAL AND VILLAGE SCHOOLS GIFT OF SCHOOL LAWS OF THE STATE OF MISSOURI. / Revised Statutes, 1899, and Session Acts 19O1 and 19O3. WITH COURT DECISIONS, FORMS AND COMMENTS FOR THE USE OF SCHOOL OFFICERS LIST OF TEXT-BOOKS ADOPTED-COURSE OF STUDY FOR RU- RAL AND VILLAGE SCHOOLS. PUBLISHED ACCORDING TO LAW BY THE STATE SUPERINTENDENT OF PUBLIC SCHOOLS SECTION 9856. The Presidents and Secretaries of School Boards Should Have Copies and Turn Them Over to Their Successors. Every Teacher is Also Entitled to One Copy. JEFFERSON CITY, MO.: TRIBUNE PRINTING COMPANY, STATE PRINTERS AND BINDERS. * U ^ ^ _* o C : ; %>: } : j "* O ' O . q V vV O REVISED SCHOOL LAW OF MISSOURI. 1899. CHAPTER 154. SCHOOLS. Article I Public Schools. II City, town and village schools. VI County boards and teachers' certificates. VII Text-books. ARTICLE I. PUBLIC SCHOOLS. SECTION 9737. School districts, their corporate powers. 9740. To organize unorganized territory. 9741. School district forfeits its organi- zation when and how. 9742. Formation of new districts. 9743. Preceding section to apply to what districts. 9744. Division of property . 9745. Valuation of property to be divided. 9746. Assessment of the building fund. 9747. Division of districts lying in two or more counties. 9748. First meeting in newly created dis- tricts. 9749. Annual meeting. 9750. Powers of annual meeting. .9751. Length of school required. <^ 9752. School loan method of voting, etc. 9752a. Money derived from sale of bond used to purchase site. 9753. Restrictions on loan. 9754. Renewal funding bonds, issue of. 9755. Exchange and sale of bonds no commission allowed. 9756. Redeemed bonds to be destroyed. 9757. Tax levy for sinking fund. 9758. Tax levy for annual interest. 9759. Directors, how elected and term of office. 9760. Oath of directors. 9761. Organization of board of directors. 9762. Vacancy in directory, how filled. 9763. Care of property and purchase of material. New sections. Library board selection of books purchase of books. 9764. Rules and regulations and admis- sion of non-resident pupils. 9765. Contagious diseases. 9766. Employment of teachers. 9767. Contract construed. 9768. Visitation of schools. SECTION 9769. Removal of district clerk. .,9770. Enumeration lists. ^9771. Estimate. 9772. Condemnation of site. 9773. High schools may be established. New Section. Consolidation of school dis- tricts. 9774. Separate schools for white and col- ored children. 9775. Schools for colored children estab- lishment of. 9776. Colored children, right to attend other schools in the county. 9777. Increase of tax levy for ma.intain- ing schools. 9778. Id. For erecting school-house. 9779. Notice of election for increase of tax. 9780. Special meetings. 9781. School day, week, month and year. 9782. Arbor day set apart. 9783. Penalty for injuring school prop- erty or failure to perform official duty. 9784. Duties of district clerk. 0785. County commissioner to furnish blanks. 9786. District clerk to procure record book and teacher's register. 9787. Notice of special meetings. 9788. Payment of district indebtedness. 9789. Form of warrant. 9790. School moneys, how applied. 9791. Permitting school boards to loan sinking funds. 9792. County court may invest sinking fund, how. 9793. County treasurer to report. 9794. Record and report of district plat. 9795. Statement of treasurer. 9796. Teacher's certificate before employ- ment. 381685 SECTION 9797. Teachers and directors liable to a misdemeanor, when. 9799. Instruction in physiology and hy- giene, when. 9800. Register of attendance. 9801. Monthly and term reports. 9802. Attendance at teachers' associa- tions. 9803. County commissioner eligibility- time of election and duration of office. 9804. Determining election of commis- sioner. 9808. Report to be made. 9809. Compensation for office duties. 9810. County supervision, how adopted. 9810a. County supervision, how abolished. 9811. Oath, bond and office of the super- intendent. 9812. Official duties of county superin- tendent. 9813. Compensation of the county super- intendent. Duties of state board of education. Duty of board in relation to swamp lands. Duty as to state school fund of counties. Power to employ attorneys fees for services of same. Board to make report of proceed- ings to general assembly. Public school fund from what sources derived and how invested. Account kept, by whom. Duties of state auditor. Investment of money belonging to capital of fund. Duties of state treasurer. 9824. County school funds. 9825. School funds not to be loaned to certain persons penalty. County court to have jurisdiction of county school fund. 9827. Collection of fines and penalties and other school moneys. Township school fund from what source derived. 9814. 9815. 9816. 9817. 9818. 9819. 9820. 9821. 9822. 9823. 9826. 9828. SECTION 9829. Custodians of fund. 9830. Transfer of funds when county lines are changed. 9831. How invested. 9832. Security in cases of loan. 9833. Form of mortgage notice of sale- fees, how paid. 9834. Additional securities. 9835. County court may make order of sale, when. 9836. Principal and interest of loan, paid where. 9837. Authority to repossess property by purchase. 9838. Loan of surplus district school money. 9839. How loaned. 40. Apportionment of public school fund basis and time of. 9841. State superintendent may correct error in apportionment distribu- tion of funds. 9842. Apportionment of county school money. 9843. Distribution of funds when town- ship lies in two counties. 9844. Duties of county clerk assessment of estimates. 9845. Compensation of county clerk for labor on tax-book. 9846. Report of county clerk to state- superintendent. 9847. Collector's receipt and compensa- tion. 9848. Collection of delinquent taxes. 9849. Treasurers and their duties. 9850. Settlements of treasurers. 9851. Penalty for failure to make settle- ment. 9852. Title of property. 9853. Blanks for reports. 9854. State sunerintendent election and term of office. 9855. Bond and qualification. 9856. Power and duties. 9857. Shall employ chief clerk salary. 9858. Annual report of superintendent. 9S59. Restrictions and penalties. SEC. 9739. School districts their corporate powers. All sub- districts, as organized and bounded, shall hereafter be known as school districts and thus denominated and numbered by the county court for the general purposes of education ; and every such district, as well as those hereafter organized under the provisions of this chapter, shall be a body corporate, and possess the usual powers of a corporation for public purposes, under the name and style of "District No. - , town- ship , range - , of - - county ;" and in that name shall be capable of suing and being sued ; of holding such real and personal property as may at any time be either donated to or purchased in ac- cordance with the provisions of this chapter, or of which they may be rightfully possessed at the time of the passage of this law, and also the power of selling the same as hereinafter provided. (R. S. 1899.) School districts are quasi corporations. 52 Mo. 309; 54 Mo. 458. Section construed. 89 Mo. 158. An unincorporated town is not legally organized as a school district. 46 Mo. 376. Territory outside of corporate limits may be attached, how. 53 Mo. 127; 60 Mo. 540; 65 Mo. 587. School-house cannot be used for the purpose of keeping a Sunday school. 67 Mo. 301. School districts not subject to garnishment. 42 A. 460. When a new district is formed in the manner provided by law, the matter should be reported to the county clerk, and by him to the county court, whose duty it is by order made of record to denominate and number the same. This section contemplates that the school districts shall be designated by the true township and range. 89 Mo. 158. SEC. 9740. To organize unorganized territory. Whenever there shall be in this state any territory not organized into a school district, and containing within its limits twenty or more pupils of school age, three or more tax-payers of such territory may call a meeting of the qualified voters of such unorganized territory, or such part thereof as they desire to organize into a school district, by first giving fifteen days' notice of the time, place, purpose of the meeting and boundary lines of the territory proposed to be organized. The qualified voters, when assembled, may organize such territory into a school district, a majority of the qualified voters residing in such territory proposed to be organized into a school district voting therefor, who shall approve of a plat defining the boundaries thereof, and elect three directors, who shall serve until the next annual meeting, when one director shall be elected to serve for one year, one director for two years and one director for three years said directors to serve until their successors are duly elected and qualified: Provided, that any territory not organized into a school district, and con- taining less than twenty pupils of school age, may be attached to an adjoining district upon petition by the qualified voters of such unorgan- ized territory, or such part thereof as may wish to be attached to such ad- joining district, directed to the board of directors of such adjoining dis- trict ; and it shall be the duty of such board, on receipt of the petition, to meet forthwith and consider same, and if a majority of the board are in favor thereof, such territory shall become a part of such district. (R. S., 1899.) Money apportioned prior to division of district does not follow new district. 90 Mo. 395. Posting of notices, condition precedent to the validity of such division. 54 A. 31 ; 94 Mo. 612. The notice required by this section should be as explicit in its essential features as that required under the provisions of section 9742, which is commented on in full. This section confers the right to call the first meeting for forming unorganized territory into a school district upon three tax-pa yp.rs of the territory to be organized. These qualifications are jurisdictional. Proper notice should be given by persons qualified. 89 Mo. 158. SEC. 9741. School district forfeits its organization, when and how. Whenever any school district in this state, now organized or that may be hereafter organized under the laws of this state, shall fail or refuse for the period of one year, to provide for a six months' school in such year, provided a levy of forty cents on the one hundred dollars valuation, together with the public funds, will enable them to have so long a term, the same shall be deemed to have lapsed as a corporate body, and the territory theretofore embraced within such lapsed district shall be deemed and taken as unorganized territory, and the same, or any portion thereof, may be attached to any adjoining district or districts for - school purposes, in the same manner as is now provided in section 9740 of the Revised Statutes of Missouri : Provided, that no school district shall be deemed to have lapsed where the failure to make the needed pro- vision for the six months of school results from irregular or void pro- ceedings had for that purpose. (R. S., 1899.) The purpose of this section is to secure at least a six months' term of school. If a district maintains a shorter term than this, it must show that it used a forty cent levy, tog-ether with the public funds. SEC. 9742. Formation of new districts. When it is deemed nec- essary to form a new district, to be composed of two or more entire districts, or parts of two or more districts, or to divide one district to form two new districts from the territory therein, or to change the boundary lines of two or more districts, it shall be the duty of the dis- trict clerk of each district affected upon the reception of a petition desir- ing such change, and signed by ten qualified voters residing in any dis- trict affected thereby, to post a notice of such desired change in at least five public places in each district interested fifteen days prior to the time of the annual meeting ; and the voters when assembled shall decide such question by a majority vote of those who vote upon such proposition. If the assent to such change be given by all the annual meetings of the various districts thus voting, or of the part of the district to be divided, each part voting separately, the district or districts shall be deemed formed or the boundary lines thus changed from that date ; but if all the districts, or parts of districts affected do not vote in favor of such change, the matter may be referred to the county commissioner; and upon such ap- peal being filed with himj in writing, within five days after the annual meeting, he shall appoint four disinterested men, resident tax-payers of the county, who, together with himself, shall constitute a board of arbi- tration, whose duty it shall be to consider the necessity for such proposed change and render a decision thereon, which decision shall be final. When there is an equal division the county commissioner shall' give the casting vote. The commissioner shall at the time of the appointment of these members of this board of arbitration notify them to meet him at some convenient place in the county within fifteen days after annual school meeting where the deliberations of the board shall take place and its decision be rendered. But in making such change, the decision in all cases shall conform to the propositions contained in the notices and voted upon at the annual meeting; and the county commissioner shall, on or before the last day of April, transmit the decision to the clerks of the various districts interested, or to the clerk of the district divided, and said clerk or clerks shall enter the same upon the records of his or their respective district or districts ; and the said board of arbitration shall be allowed a fee of fifteen dollars, to be paid by the district or districts tak- ing the appeal at the time said appeal is made : Provided, however, that no new district shall be created or boundary line changed by which any district shall be formed containing within its limits by actual count less than twenty pupils of school age, or by which any district shall be left containing within its limits by actual count less than twenty pupils of school age: Provided, however, the resident voters upon any island in any of the navigable rivers of this state may organize into a school dis- trict without being subject to the restrictions in the preceding portion of this section. It is further provided, that in changing the boundary line between the two established districts, one district shall not encroach upon the other simply for the acquisition of territory. (R. S. 1899.) Directors must decide whether petitioners are qualified voters. 84 Mo. 90. Commissioners cannot change boundary otherwise than as proposed in the election. 85 Mo. 156; 94 Mo. 612; 70 A. 238. No petition required to change boundary, when. 89 Mo. 23. Statute construed. 48 A. 560. New school districts may be formed, how. 75 A. 317. When it is desired to form a new district by division or consolidation, or to change the boundary lines of two or more districts, the first step is the preparation of a petition clearly setting forth the change desired, which petition must be signed by at least ten qualified voters "residing in any district affected thereby." It is not necessary that the voters all reside in the same district part may reside in each district, but every signer must reside in some one of the districts affected by the proposed change. As many petitions should be prepared (all alike) as there are dis- tricts affected, and one petition be presented to the clerk of each district affected. The law makes it the duty of the clerk, without any action of the board of directors, upon receipt of the petition to post a notice in at least five public places in the dis- trict of which he is clerk, fifteen days prior to the time of the annual meeting. A' failure to do this subjects the clerk to a fine not exceeding one hundred dollars. The statutory notice prescribed by this section is mandatory and jurisdictional, and a division of school districts made at an annual meeting not within the scope of an antecedent notice given for the time, and at the places and in the manner fixed by law, is void. The notices must necessarily be as comprehensive as the proposition to be voted on, and must inform the voter what change it is proposed to make in the boundaries of his district. Unless the notice is such as to give this information, it is no notice at all. It is not sufficient that the voters be notified that at the annual meeting they will be called upon to vote upon the question whether or not a new dis- trict shall be formed, and a change made in the boundary lines of the old districts; they must be notified of the change proposed, of what territory the new district is to be composed, of what change is to be made in the boundaries of the old ones. The notice is sufficient if signed by the district clerk. 54 A. 31. There are four different propositions: (a) To form a new district composed of two or more entire districts; (b) To form a new district composed of parts of two or more districts; (c) To change boundary lines; (d) To divide one district to form two new districts. In the first three cases the districts vote as wholes. In the last case each part votes on the proposition separately. If the proposition carries in all the districts and parts affected, the division takes place at once. If the proposition is defeated in all the districts and parts affected, the division is defeated, and there can be no appeal. If the proposition is carried in one or more of the districts or parts affected, and is defeated in the others, the matter may be appealed to the county commissioner. The appeal may be taken by a board of directors acting officially, or it may be taken by one or more of the interested parties, i. e., the petitioners. The commissioner alone can not consider an appeal. He must appoint a board of arbitra- ,s tion, consisting of four tax-payers who live in the county, but not in any one of the districts affected by the proposed change. This board of arbitration must meet at time and place fixed by the county commissioner within fifteen days after the annual meeting (Wednesday of second week after annual meeting is last day for such hear- ing). The commissioner is en' offlcio chairman of this board, but has no vote except, in case of a tie in the vote of the other four members. This board is allowed a fee of fifteen dollars (three dollars each) for every case appealed, which fee must be paid by the district or persons taking the appeal. One board may be appointed to consider all appealed cases in the county in any one year, and this board could be called to meet at county seat on second Monday after annual meeting, thus giving themselves three days to consider all such cases. The appeal must be filed, in writing, with the county commissioner within five days after the annual meeting. The first Monday after the annual meeting is the last day upon which the appeal can be filed. If filed after that day, the action of the com- missioner thereon would be null and void. In case a district having a bonded indebtedness is divided, the district retain- ing the old number and school property is liable for the whole amount of the indebt- edness. The proposition voted on must specify the boundaries of the districts as sought to be changed or established. The notices must also specify the changes proposed In the school district boundaries, and are sufficient if signed by the district clerk. The county commissioner cannot go beyond the proposition voted on and establish boun- daries different from those specified in the proposition. 94 Mo. 612; 89 Mo. 23; 85 Mo. 156. When a person by his laches cannot complain that a school district was never legally organized. 90 Mo. 683. When the county commissioner has acted, whether with or without jurisdiction, mandamus cannot be invoked for the purpose of revers- ing his decision. 84 Mo. 90. Quo warranto will lie on behalf of the state to determine the right of individuals to exercise the office of school directors. 84 Mo. 198. Suffi- ciency of notice. 54 A. 31. Board of arbitration has no jurisdiction to hear an appeal as to formation of a new district unless the question of the proposed change in the district has first been voted on at the annual meetings of all the districts involved and some have been in favor of the change and others against it. 84 A. 654. See also 90 A. 215. The action of the board of arbitration in determining the formation of a new school district is judicial and may be restrained by prohibition. 84 A. 654. 64 A. 313. Notice of election to change boundary lines must be as comprehensive as the petition for change. It must inform the voters what change is proposed in the boundaries of the district affected. 90 A. 215. FORM OP PETITION FOR CHANGE OF BOUNDARY. To the district clerk: We, the undersigned, qualified voters (ten or more) of district No. , township No. , range No. , county of , State of Missouri, desire the following changes in district boundary lines: and hereby petition you "to post a notice of such desired change in at least five public places in each district interested, fifteen days prior to the time of the annual meeting." (Signed by ten or more qualified voters residing in any territory affected by the proposed change.) SEC. 9743. Preceding section to apply to what districts. The provisions of section 9742 of this article shall apply to all school districts of this state organized under special charter, or tinder and hy virtue of any special law of the state of Missouri organizing or incorporating such school district, excepting such school districts formed from territory com- posed of land granted to any city, town or village by virtue of any act of congress confirming to said city, town or village said grants of land, 9 and excepting school districts formed of or contained in cities and towns containing 1 one hundred thousand inhabitants or over. (R. S. 1899.) SEC. 9744. Division of property. When a new district is formed, which shall include within its limits those who have heretofore aided in the erection of a school-house in the district from whence they were detached, and they propose to surrender to the old district all claim thereon for their share of the said property, this fact shall be distinctly stated in the notices posted in said district, as required by section 9742 ; and the parties, upon the event of the formation of the new district, shall be considered to have surrendered all right and title to the property of the old district ; but if such fact is not thus expressed in said notice, the property belonging to the district shall be valued as hereinafter provided ; and there shall be levied upon and collected from the taxable property included in the original district prior to such new formation, a sum bear- ing the same proportion to the entire value of the school property as the assessed valuation of the taxable property included within that por- tion of the territory detached bears to the total valuation of the prop- erty located in the old original district. (R. S. 1899.) This section has no application to a case where the boundary lines between old districts are changed. 94 Mo. 612. When a new district is formed, tax to erect a school-house must be levied upon the whole of the organized district. 80 Mo. 190. New district cannot maintain action for money in the hands of county treasurer. 18 A. 266. When it is proposed to surrender to the old school district all claim of the in- habitants of the new district to their share of the school property in the old dis- trict, such facts should be distinctly stated in the notices. 74 A. 553. The law does not contemplate that a fund shall be raised in excess of the amount required to sustain the school for the current school year, therefore no pro- vision is made for a division of funds remaining on hand when a district is divided. SEC. 9745. Valuation of property to be divided. The valuation of the said property shall be made by disinterested freeholders, non- residents, to be selected as follows : One shall be appointed by each of the boards of directors of the interested districts, and those thus ap- pointed shall elect another ; they shall proceed to determine the valuation, and certify to the district clerks of the interested districts the amount determined upon. It shall be the duty of the district clerk of the old dis- trict, upon the receipt of said valuation, to cause the amount thus cer- tified to be levied upon the property contained within the former limits of the district, which shall be collected as other estimates ; and the same, when collected, shall be paid to the county treasurer, and by him be placed to the credit of the building fund of the new district. (R. S. 1899.) A vote of the qualified voters upon proposition to withdraw from that part of the district lying outside of their own county was ineffectual to divide such district when no vote was taken to unite an adjoining, or form .a separate, district. 78 Mo. SO. It will be observed that this section makes it the duty of the board of directors of each district affected, to appoint an appraiser of the school property belonging to 10 the original district. In the event of their refusal to make the appointment, they may be proceeded against by way of mandamus. "A freeholder is one who owns an estate in land or other real property held by a free tenure for life, or for some uncer- tain period;" and the persons selected to determine the value of the property in the old district must be owners of such an estate. No one of these can reside in any district affected by detachment of territory, nor in the new district just formed. SEC. 9746. Assessment of building fund. The amount levied by the new district for building purposes, where either or all of the parts of which it is composed have received their proportion of the property of the old district, shall be divided proportionately; and those amounts, less the amounts thus received, shall be assessed and collected from the property included in the limits of the respective portions. (R. S. 1899.) The raising of a building fund, in case of a formation of the new district, has no application where the boundary lines are changed. 94 Mo. 612. SEC. 9747. Division of districts lying in two or more counties. Whenever any school district or districts organized under this article shall be divided by county lines and a majority of the qualified voters re- siding in either fractional part thereof may desire to attach themselves to an adjoining district within their own county, or form a separate dis- trict, they shall hold an election for that purpose, first giving fifteen days' notice by posting up printed or written hand-bills in five of the most public places in such fractional district, stating the time, place and object of the election ; and if a majority of the votes cast at such election be in favor of uniting themselves to an adjoining district in their own county, or forming a separate district, they shall notify the district clerks of the districts interested of the result of the election ; and if it is desired by such fractional district and a portion of the adjoining district to form a new district, it shall be the duty of such adjoining district school boa: 1 to so change their boundary lines as may be agreeable to the inhabitants interested therein, and notify the county clerk and county commissioner of the change so made, but if such division cannot be so made by the dis- trict board, or if they refuse or neglect to act when notified of such desire, they may appeal to the county commissioner, who shall proceed to ascer- tain the facts in the case, and locate the boundaries of such new district as appears to be just and proper, and to the best interest of the inhabit- ants interested therein such new district to be governed as hereinbefore provided in forming new districts: Provided, that if a school-house has been located and built by a district thus divided by a county line, and that portion of the district desires to withdraw in which the school-house has been located and built, they shall first pay to the portion of the district situated in the adjoining county their pro rata share of the value of such school-house: Provided, that hereafter no new school district shall be formed divided by a county line, except where the portion of a district sought to be joined across the county line is cut off from the district or II districts in the same county by a running stream, which cannot easily be crossed by children attending said school. (Session Acts 1903.) School district lying in two or more counties, how divided. 78 Mo. 80. While this section authorizes a majority of the legal voters in a fractional part of a district divided by a county line to at any time withdraw from the district and either form a new district or become attached to a district in their own county, there are good reasons why such division should take place only at the annual meet- ing, or within thirty days thereafter. The estimate, enumeration list, and list of tax-payers are furnished the county clerk in May, and all changes of boundary line should take place before this is done. This does not apply to districts organized under article II relating to city, town and village schools. Note that no new district can be legally formed that will be divided by a county line except where the portion sought to be joined across the county line is cut off from the district in the same county by a running stream which can not easily be crossed by children attending the school. This provision also applies to changes of boundary line. There can be no appeal to the county commissioner upon the question of joining territory to districts across a county line. SEC. 9748. First meeting of newly created districts. It shall be the duty of the voters resident in the territory embraced within the limits of the newly created district to assemble at some central point within said district within fifteen days after the formation thereof such point to be designated by notice posted in at least five public places in said district, and signed by two of the resident freeholders therein ; and such meeting, when assembled, shall be invested with the same powers, and be con- ducted as prescribed for the first annual district meeting held under the provisions of this chapter : Provided, that the children in such newly created district shall have the right to attend school in their original dis- tricts until the thirtieth day of June following. (R. S. 1899.) Notice for a first meeting in each of the new districts should be posted according to the provision of this section. 54 A. 31. Upon complying with section 9742, the new district or districts "shall be deemed formed." It will therefore be observed that failure to do the things provided in this section after the formation of the district would not work a forfeiture of its organiza- tion. While the provisions of this section must be complied with, yet the fifteen days' time given therefor is merely declaratory. It is not a condition to the validity of the division of a school district that notice for a first meeting in each of the new districts should be posted in accordance with the provisions of section 9748 of the Revised Statutes. The corporate existence uf the new districts dates from the meeting whereat they were substituted for the old district. 54 A. 31. SEC. 9749. Annual meeting. The annual meeting of each school district shall be held on the first Tuesday in April of each year, at the district school-house, commencing at 2 o'clock p. m. If no school-house is located within the district, the place of meeting shall be designated by notices, posted in five public places within the district, fifteen days previ- ous to such annual meeting, or by notice for same length of time in all the papers published in the district. (R. S. 1899.) Chairman of meeting not subject to criminal law for rejecting vote of applicant for suffrage. 19 A. 210. The law fixes the time of the annual meeting on the first Tuesday in April in each year at 2 o'clock p. m. All residents of the district are expected to take notice T2 of this fact. Those who are present at the hour named, and authorized to participate in the deliberations may organize the meeting and proceed with the order of business specified in section 3750. Each item of the order of business may be taken up and disposed of, and those who arrive later have no ri^ht to complain that they were deprived .of their right to take part in the business disposed of before their arrival. SEC. 9750. Powers of the annual meeting. The qualified voters assembled at the annual meeting, when not otherwise provided, shall have power by a majority of the votes cast : First To organize by the election of a chairman, and a secretary who shall keep an accurate record of the proceedings of the meeting, which, when duly approved and attested by the signature of the chair- man, the clerk 'shall enter upon the record of the district. Second To choose, by ballot, one director, who shall hold his office for the term of three years, and until his successor is elected and quali- fied. Third To fill vacancies, if any, caused by death, resignation, re- fusal to serve, repeated neglect of duty, or removal from the district ; and the persons thus elected shall hold their office for the unexpired term, and until their successors are elected and qualified. Fourth To determine, by ballot, the length of school term in ex- cess of six months that the public schools of the district shall be main- tained for the next scholastic year ; also to determine the rate, if any, in excess of forty cents on the one hundred dollars assessed valuation to be levied for school purposes, as provided for in section 9777. Fifth To vote such a sum as they may deem proper for the pur- chase of books for a district library. Si.rth To decide in favor of or against any proposed change of boundaries, notice of such change having been posted in at least five public places in each and every district affected thereby, fifteen days previous to the date of holding the annual meeting. Seventh To direct the sale of any property belonging to the dis- trict, but no longer required for the use thereof, to determine the dis- position of the same and the application of the proceeds. Eighth To designate their choice, by ballot, for a person to fill the office of county commissioner. Ninth To determine, by ballot, the rate to be levied upon the one hundred dollars assessed valuation necessary to purchase a site, erect a school-house thereon and furnish the same as provided for in sec- tion 9778. Tenth To determine, in districts newly formed, or wherein na school-house site has yet been selected, the location thereof, notice hav- ing been given fifteen days previous by posting hand-bills in at least five public places in said district, that this matter would be submitted to said meeting. 13 Eleventh To change the location of school-house site when the same for any cause is deemed necessary : Provided, that in every case a majority vote of the voters who are resident tax-payers of said dis- trict shall be necessary to remove a site nearer the center of said district ; but in all cases to remove a site further from the center of said district, it shall require two-thirds of the legal voters who are resident tax-payers of such school district. (R. S. 1899.) The powers of the board of directors defined. 48 A. 408; 30 A. 641. The powers conferred on the voters have relation to the then existing school year. 27 A. 36. Our supreme court has held that school districts are quasi corporations, thr- powers and duties of the corporators being limited and prescribed by statute. The corporators are the legal voters of the district, the directors being chosen by them. Certain powers and duties devolve by law exclusively upon the directors, and the incorporators cannot .abridge or interfere with these powers and duties. In some dis- tricts the voters attempt to select the teacher by a vote. The right to select teachers belongs exclusively to the board, and a vote taken upon this proposition must be con- sidered by the board as a recommendation only. It will be observed that unless other- wise provided by law, a proposition submitted to the annual meeting is determined by a majority of the votes cast. The chairman should not recognize a motion to adjourn until all the business for which the meeting was convened has been transacted. The law provides that the meeting shall convene at 2 o'clock p. m. Promptly at that time the legal voters may proceed to organize the meeting and take up the order of business specified in section 9750. When the business is completed, the meeting may adjourn, and voters who neglect to be present have no right to complain. First The meeting is organized by the election of a chairman and secretary These are temporary officers and must not be confounded with the president and clerk of the board of directors. The chairman presides during the meeting, putting all motions and announcing the result. The chairman is entitled to vote upon all prop- ositions submitted. In case of a tie vote the proposition or motion voted upon must be declared not carried. The secretary keeps a correct record of the proceedings of the meeting, which "when duly approved and attested by the chairman," must be turned over to the district clerk to be entered upon the district record. Second Notice that the director is to be choson by ballot for three years, and that he is to hold his office "until his successor is elected and qualified." By refer- ence to section 9759 we find, speaking rf directors, "and shall hold their office for the term of three years, and until theii * iccessors are elected or appointed and qualified." Yet, in sectk 97G2, the remaining two directors are authorized to appoint when a vacancy occurs in one of the five following ways: first, by death; second, resignation; third, refusal to serve; fourth, repeated neglect of duty; fifth, removal from the dis- trict. Upon failure to elect a director at the annual meeting, the remaining two members cannot appoint, but the old director holds over to the next annual meeting, unless the outgoing member was appointed. No director (in an annual mass meet- ing), in a district with three directors, can be elected unless he receives a "majority of the votes cast." If, upon the announcement by the chairman of the first ballot, no one has "a majority of the votes cast," successive ballots should be taken till some one does receive such majority. When an annual meeting has adjourned after all business has been attended to, another meeting or getting together can not be had that day or at any other day except it be called in accordance with section 9780. The election of a director is restricted to the annual meeting by section 9759. Third. Filling of vacancies. It should be noted that persons elected at the annual meeting to fill vacancies "hold their office for the unexpired term, and until their successors are elected and qualified," while persons appointed by the board under section 9762 to fill vacancies, "serve until the next annual school meeting." Fourth. School term and increase of levy for scJiool purposes. Observe that the an- nual meeting, and not the board of directors, is authorized to determine the length of school term in excess of six months. The board of directors is authorized to main- tain a six months' school without vote of the annual meeting, provided, of course, 14 there are sufficient funds therefor. Item 4 gives the annual meeting power to deter- mine the length of term "in excess of six months." The proposition voted upon should be for seven, eight, nine or ten months' school. No vote is necessary to maintain a six months' school. The school term vcted is for the next year, beginning July 1st, and ending June 30th following. It should be noted that the singular "term," and not the plural "terms," is employed. It is evidently the spirit of this provision that the entire length of school term voted should be taught in one continuous term by the same teacher. The board of directors Is authorized, without vote of the annual meeting, to levy forty cents on the hundred dollars assessed valuation for school purposes; that is, for teachers' fund and incidental fund. The annual meeting, however, is author- ized "to determine the rate, if any, in excess of forty cents on the hundred dollars assessed valuation to be levied for school purposes." The proposition voted on should be, for instance, to levy forty-five cents, fifty cents, or any amount not exceeding sixty-five cents on the one hundred dollars valuation for school purposes. Both the Missouri constitution and the statutes limit the amount to be levied for school pur- poses, in districts not formed of cities and towns, to sixty-five .cents on the hundred dollars valuation. In districts formed of cities and towns, a hundred cents on the hundred dollars valuation may be levied for school purposes. Only tax-payers can vote on the proposition to increase the levy for school purposes. By reference to section 9777 it will be seen that a vote upon this proposition is not confined to the an- nual meeting, but can be had at any time upon petition of five resident tax-payers, or when the board of directors deem it necessary. Fifth. To vote sum for library. No limit is placed upon the sum that may be voted by the annual meeting for a district library. Every district can well afford to levy five cents on the one hundred dollars every year for this purpose. Judiciously ex- pended, it will be the best investment made. For list of recommended books, see course of study. Seventh. To direct the sale of school property. The annual meeting is here author- ized to direct the sale of school property and not to sell it; that is, to authorize the board of directors to sell the property on such conditions and under such limitations, of course, as the annual meeting may see fit to impose. It should be observed also that this property is to be "no longer required for the use of the district." It is to be supposed, of course, that at the same annual meeting at which the sale of this property is directed, bonds will be voted for the erection of school-house and fur- nishing the same. The board of directors should receive definite instruction not 10 dispose of the old school-house till a contract is entered into for the building of a new school-house before the opening of school. The money derived from the sale of the school property should be credited to the building fund of the district. Tenth. Location of school-house site. This applies to any school district seeking a school-house site: First, to a regularly organized district without a school-house site; second, to districts just organized from unorganized territory (section 9740); third, to new districts formed at the annual meeting (section 9742). The annual meet- ing must vote upon a definite site, and not instruct the board of directors to select a site. The proposition is carried by a majority of the votes cast. This proposition may be voted on either at an annual meeting or a special meeting called in accord- ance with section 9780. Eleventh. To change location of school-house site. In the discussion of this section we have found one proposition (increase of levy for school purposes) that must be decided by tax-payers as distinguished from qualified voters. The change of location of school-house site is a second proposition that is determined by the tax-payers of the district. The Supreme Court in the 114 Mo. at page 649 in speaking upon this statute said: "A majority vote of the voters who "are resident tax-payers of said district means a majority of the tax-payers present and voting at such election." See also 37 Mo. 270. In the event that the proposition submitted be to change the site to a point fur- ther from the center of the district, a two-thirds vote of the resident tax-payers who are legal voters present and voting is sufficient to carry the proposition. The law does not require that two-thirds of the residents of the district who are legal voters and tax-payers must vote affirmatively upon the proposition to carry it, 15 All propositions submitted at the annual meeting, except these two (increase of levy for school purposes and change of school-house site) can be decided by the qualified voters; these two, by tax-payers only. For definition of qualified voter, see section 9759. A tax-payer is one who holds in the district, in his own name, real or personal property liable to assessment and taxation. Of the eleven items of section 9750, the fourth, sixth, ninth and tenth require notices. In the fourth, it is the latter part increase of levy that requires notice. The annual meeting cannot authorize a spring term of school to be begun or held before the 30th of June next succeeding; or, in other words, It cannot extend the term of school voted by the last annual meeting. If it is considered desirable to extend the school term beyond that voted by the last annual meeting, the proposi- tion must be submitted at a special meeting called as provided in section 9780 for that purpose. The directors have no power of their own will to select the school-house site. 57 Mo. 430. The chairman of a meeting of qualified voters of a school district for the election of a school director is not subject to the criminal law for rejecting a vote of an applicant for suffrage. 19 A. 210. No power exists in a board of public school direc- tors, without authority from the voters of the district, to rent buildings or rooms separate from the district school-house, and to employ teachers for a supplemental school therein. 30 A. 641. Board has no authority to borrow money to purchase school- house site. 114 Mo. 641. Record of annual meeting. 54 A. 31. FORM FOR NOTICE OF ANNUAL SCHOOL MEETING. Notice is hereby given to the qualified voters of district No. , township No. , range No. , county of , State of Missouri, that the annual school meeting of said district will be held at , on Tuesday, the day of April, 190, commenc- ing at 2 o'clock p. m., and among other things specified by the law, the following will be proposed and considered: District Clerk. SEC. 9751. Length of school required. The board shall have power and are required to continue the public schools of their district for a period of six months in each scholastic year : Provided, a tax of forty cents on the one hundred dollars assessed valuation of the taxable prop- erty within the district, together with the moneys received from the public funds, shall be sufficient therefor ; and the board are hereby author- ized and empowered to make out and forward the proper estimate there- for without a vote being had thereon. Should any board neglect or re- fuse to comply with the provisions of this section, such school district shall be deprived of any part of the public school moneys for the en- suing school year, and the county clerk shall omit such district in the apportionment of the public moneys. (R. S. 1899.) The year here spoken of is the school year beginning July 1st, and ending June 30th. SEC. 9752. School loan method of voting sale of bonds. For the purpose of erecting school-houses and furnishing the same in cities, towns and school districts, the board of directors shall be author- ized to borrow money, and issue bonds for the payment thereof, in the manner herein provided, The question of loan sh^H t? e decided at an an- nual school meeting or at a special election to be held for that purpose. Notice of said election shall be given at least fifteen days before the same shall be held, by at least five written or printed notices posted in five public places in the school district where said election shall be held, and the amount of the loan required, and for what purpose. It shall be the duty of the clerk to sign and post said notices. The qualified voters at said election shall vote by ballot. Those voting in favor of the loan shall have written or printed on their tickets, "For the loan ;" those voting against the loan, the words "Against the loan ;" and if two-thirds of the votes cast shall be "for the loan," the district board shall be vested with the power to borrow money in the name of the district, to the amount and for the purpose specified in the notices aforesaid, subject to the restric- tions of the following section. When bonds are voted under this section for the erection of one or more school-houses, to be erected on the same or different sites, in districts whose board of directors consists of three members, said bonds shall not be negotiated by said board until said bonds have been deposited with the county or township treasurer of the county or township in which said district shall be situated, and upon the order of said board, and the payment to the county or township treasurer of the amount agreed to be received for the same by said board from the persons loaning said money upon said bonds. The county or township treasurer shall countersign said bonds, and deliver the same to the per- son or persons named by said board of directors; but no such bonds shall be sold for such an amount that the net proceeds, after deducting- expenses and commissions from the same, shall be less than ninety cents on the dollar of the face value thereof, and all renewal funding bonds issued by such districts, to be exchanged for outstanding bonds of said district, or for the purpose of being sold to raise sufficient funds to pay any outstanding bonds thereof, shall not be exchanged, negotiated or sold by the board of directors of said districts, except as above pro- vided, and not until the purchase price thereof, or the bonds to be ex- changed therefor, shall be turned over to the county or township treas- urer ; and said treasurer shall write or print the words "paid by renewal bonds" across the face of said bonds so received in exchange, and sign the same before delivering the said renewal bonds to said board. The said county or township treasurer and his sureties shall be responsible, on his official bond, for all moneys, bonds or securities received by him under this section. (R. S. 1899.) No petition of the voters of the district is necessary to authorize the school board to call meeting for the purpose of borrowing money. 114 Mo. 641. There are two methods of securing a building fund: (1) by a sale of bonds under section 9752; (2) by levy for building purposes, under section 9778. Neither requires a petition of tax-payers or voters. In either case, the board of directors may take the initiative. 114 Mo. 641. Under section 9778, the board shall proceed to determine the rate of taxation necessary for building purposes when "requested by petition of ten tax-payers of any school district." Both sections apply to all classes of school dis- trictsto city, town or village, and to common-school districts with three directors. Again, both the loan and the levy for building purposes may be voted upon at either an annual or special meeting. In both cases notice is required. In both cases, to carry the proposition, it is necessary that two-thirds of the qualified voters voting at the election vote therefor. It often happens that the question of loan is submitted at an election where several other questions are voted upon, and the number of votes cast upon the loan falls considerably short of the number who vote on the various propositions sub- mitted at the election. For instance, only thirty persons vote on the question of loan, while forty may vote upon some other proposition submitted at the election. In this case, two-thirds of the thirty votes, twenty votes, would carry the bond proposition, instead of two-thirds of the forty votes cast on other questions. The State Auditor registers bonds which receive two-thirds of the votes cast on question of loan. Note that section 9752 requires the notices to state "the amount of the loan re- quired and for what purposes." School boards and annual meetings sometimes desire to vote upon a loan smaller than that stated in the notices. It is evident that this cannot be legally done. If so, why require the amount stated in the notices? Again, the tickets cast have on them "against the loan," or, "for the loan." Against or for what loan, if not the one stated in the notices? Again, if the proposition carries, the board shall be vested with the power to borrow money "to the amount and for the purpose specified in the notices aforesaid." To what amount, if not the one stated in the notices? School boards should be careful to observe the provisions of section 5167, R. S. 1899, in negotiation of bonds for the purpose of building school-houses, or for any other purpose, in order that the same may obtain validity. This section requires that the bonds shall bear the endorsement of the State Auditor who is entitled to receive from the board all the necessary certificates and copies of record evidencing a full compliance with the law governing their issuance, which evidence is to be filed and preserved in his office. Upon request the State Auditor will furnish necessary blanks, which will enable the board to carry out the provisions, of this section. The State Superintendent can not furnish blank school bonds. They may be obtained from any printing or stationery house dealing in official blanks, as George D. Barnard & Co., August Gast & Co., and Heinicke-Fiegel Lithographing Co.. all of St. Louis. SEC. 9752a. Money derived from sale of bonds used to purchase dte. The purpose for which an election may be called to borrow money and to issue bonds therefor under section 9752 of this chapter may, in the judgment of the school directors, include that of purchasing school-house sites, and the purpose of which the annual rate of taxation may be increased under and in the manner provided for by section 9778 of this chapter may, in the judgment of said school directors, include that of purchasing school building sites and furnishing said buildings. (Session Act? 1903.) SEC. 9753. Restrictions on loans. The loan authorized by the preceding section shall not be contracted for a longer period than twenty years, and the entire amount of said loan shall at no time exceed, includ- ing the present indebtedness of said district, in the aggregate, five per cent, of the value of the taxable property therein, to be ascertained by , i8 the assessment next before the last assessment for State and county pur- poses, previous to the incurring of said indebtedness, the rate of interest to be agreed upon by the parties, but in no case to exceed the highest legal rate allowed by contract; when effected it shall be the duty of the directors to provide for the collection of an annual tax sufficient to pay the interest on said indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within the time said principal shall become due. (R. S. 1899.) Irregularity in the Issuing of bonds cannot affect an innocent holder. 45 A. 6GO. This section imposes two restrictions: First, as to the period for which the loan may be effected; and second, as to the amount. The limitation on the amount of the loan five per cent, of the value of taxable property is a constitutional limitation (article X, section 12, of Constitution of 1875). "The highest legal rate of interest al- lowed by contract," spoken of in this section, is eight per cent. SEC. 9754. Renewal funding bonds, issue of. The board of ed- ucation of any school district, organized under any general or special law of this State, is hereby authorized to issue funding and refunding bonds for the district, to be exchanged* for outstanding bonds of the district, or sold for the purpose of meeting and paying any matured or maturing bonded indebtedness thereof. Each bond shall be of the denom- ination of not more than one thousand nor less than one hundred dollars, and shall bear interest not to exceed eight per cent, per annum, and such interest shall be payable semi-annually, and to this end each bond shall have semi-annual coupons attached thereto, and be made payable to bearer : Provided, that no bonds issued under this "section shall be pay- able in less than five years nor more than thirty years from the date there- of, and shall be payable, principal and interest, in the city of St. Louis or the city of New York, at the option of the board of education, or as may be agreed upon by such board of education and the purchaser of such bonds. Such board of education shall be empowered to prepare and issue from time to time such number of renewal bonds as may be neces- sary for the objects and purposes of this law, and each bond shall be signed by the president, countersigned by the secretary or clerk, and au- thenticated by the seal of such board of education, if there be one ; and shall also be attested by the clerk of the county court of the county in which such district is located, and he shall put the seal of said court on each of said bonds. The secretary or clerk of the board of education shall keep a record in the books of the school district of all the renewal bonds that may be issued by the board of education under the provisions of this chapter, noting the date when issued and when due, and also the number and amount of each bond so issued, and shall keep a full record of all transactions that may be necessary for the identification of such bonds. (R. S. 1899.) School board has authority to issue bonds to raise money to build school-lion.-.-; also, to issue renewal refunding bonds. 86 Mo. 401. i 9 SEC. 9/55. Exchange and sale of bonds, no commission allowed. Boards of education are empowered to exchange the aforesaid bonds for any bonds that may now be outstanding against any school district so indebted; but no re-renewal bonds shall be exchanged for any outstanding bond for a sum less than ninety cents on the dollar of its face value. Said boards of education shall also be empowered to sell such renewal bonds for cash if, in their judgment, it will be to the interest of such school dis- trict ; but no commission shall be allowed or cost incurred in the ex- change or sale of said bonds which will reduce the net proceeds of the same to a less amount than ninety cents on the dollar, and all sums of money realized from the sale of said renewal bonds shall be used in the redemption of outstanding bonds of the school district. (R. S. 1899.) SEC. 9756. Redeemed bonds to be destroyed. Whenever any bonds shall be redeemed, as provided for in this chapter, such bonds shall be burned in the presence of a majority of the members of the board of education and two other credible persons as witnesses of the fact, and the secretary or clerk of the board of education shall record in the books of the school district a description of the bonds so destroyed, by noting the date when issued and when due, and the number and amount of each of said bonds, and specify what members of the board of education, and who as witnesses, were present at the burning of said bonds. (R. S. 1899.) ' Bonds due in twenty years, but redeemable after five years, are negotiable. 75 A. 159. I 111 SEC. 9757. Tax levy for sinking fund. Boards of education are hereby authorized to make an estimate for the levy of a tax, not to exceed two-fifths of one per cent, upon all' the taxable property of the school dis- trict at its assessed valuation, said tax to be levied and collected in the same manner as other taxes for school purposes ; and the money arising from said tax shall constitute a sinking fund, and shall be used only for the redemption of any outstanding bonds of such district: Provided, that if such outstanding bonds cannot be obtained, then such money shall be invested in United States bonds or bonds of the state of Missouri, or if at any time the board of education deem it advisable, they may loan such money at the same rate of interest, and in the same manner and subject to the same restrictions as to security, as the township school funds are loaned, until such time as said outstanding bonds can be ob- tained. (R. S. 1899.) A note promising In the future to pay a school district a sum of money for the establishment of a library is not without consideration. 138 Mo. 672. SEC. 9758. Tax levy for annual interest. Boards of education are hereby authorized to make an estimate for the levy of a tax upon all the taxable property of the school district at its assessed valuation, said tax to be levied and collected as other taxes for school purposes said 20 tax to be sufficient in amount to pay the annual interest on all bonds of their respective districts, and to pay for the printing or engraving of any bonds that may be issued by virtue of this chapter. (R. S. 1899.) Officers of corporation in possession of their offices are presumed to be regularly elected and entitled to hold until contrary be shown. 44 Mo. 154. A person derives his title to an office by his election. 44 Mo. 223. Official character of school directors, how proven. 27 Mo. 251. SEC. 9759. Directors, qualifications of, how and by whom elected. The government and control of the district shall be vested in a board of directors composed of three members who shall be citizens of the United States, resident tax-payers and qualified voters of the district, and who shall have paid a 'state and county tax within one year next preceding his or their election. Said directors shall be chosen by the qualified voters of the district at the time and in the manner prescribed in section 9749, and shall hold their office for the term of three years, and until their successors are elected or appointed and qualified, except those elected at the first annual meeting held in the district under the provisions of this chapter, whose term of office shall be for one, two and three years re- spectively. A qualified voter within the meaning of this chapter shall be any person who, under the general laws of this state, would be allowed a vote in the county for state and county officers, and who shall have re- sided in the district thirty days next preceding the annual or special meet- ing at which he offers to vote. (R. S. 1899.) A director must be a citizen of the United States, either naturalized or native born, a resident tax-payer and qualified voter of the district, and shall have paid a State and county tax within one year next preceding his election. The following portion of the definition of a qualified voter may not be plain: "A qualified voter within the meaning of this chapter shall be any person icho, under Hie general laws of this state, would be allowed to vote," etc. Who are "allowed a vote under the general laws of this State?" Article 8, section 2 of the Constitution, settles this: "Every male citizen of the United States, and every male person of foreign birth who may have declared his intention to become a citizen of the United, States according to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elections by the people: (1) He shall have resided in the State one year immediately preceding the election at which he offers to vote; (2) he shall have resided in the county, city or town where he shall offer to vote at least sixty days immediately preceding the election." . SEC. 9760. Oath of directors. The directors shall, within four days after their election or appointment, take and subscribe an oath or affirmation to faithfully and impartially discharge the duties of their of- fice, which oath may be administered by each other ; and the district clerk shall enter the same, with the date thereof, upon the records of the dis- trict. And the oath administered shall be as follows: I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the state of Missouri, and that I will faithfully and 21 impartially discharge the duties of school director in and for district No. , township No. , range No. , county of , state of Missouri, to the best of my ability, according to law, so help me God. Sworn to and subscribed before me this day of , 19 . (R. S. 1899.) It is not sufficient in administering the oath of office to a newly elected director that it be done orally. The oath should be written or printed in the form given in this section, and signed by the person or persons to whom the same is being admin- istered. It should also bear the signature of the person administering the same, under the proper date thereof. While this section provides that the oath may be adminis- tered by the members of the board, this does not preclude the idea that it may also be taken before any officer authorized to administer an oath. r SEC. 9761. Organization of board. The directors shall meet within four days after the annual meeting, at some place within the dis- trict, and organize by electing one of their number president; and the board shall, on or before the fifteenth day of July, select a clerk, who shall enter upon his duties on the fifteenth day of July, but no compensation shall be allowed such clerk until all reports required by law and by the board have been duly made and filed. A majority of the board shall constitute a quorum for the transaction of business : Provided, each member shall have due notice of the time, place and purpose of such meet- ing; and in case of the absence of the clerk, one of the directors may act temporarily in his place. The clerk shall keep a correct record of the pro- ceedings of all the meetings of the board. No member of the board shall receive any compensation for performing the duties of a director. (R. S. 1899.) " President of board is empowered to call special meetings and the only requisite is, that each member has notice of time and place. 59 A. 580. By organization is meant election of officers. The directors should meet within four days after the annual meeting that is, before the close of the week in which the election is held, and organize by the election of a president. The clerk need not be elected until later, as he does not enter upon the duties of his office until July 15th. The president must be a member of the board. The clerk may or may not be a mem- ber of the board. The board should, after organization, fix the date of holding regular meetings of the board that is,, on the last Saturday of each month, or some other date that may seem most convenient. After the date of holding regular meetings has been fixed, it is the duty of each member of the board to attend such meetings with- out notice. Special meetings of the board may be called as provided in section 9766. I desire to call especial attention to one provision of this section the one provid- ing that no compensation shall be allowed the district clerk until all reports required by law and by the board have been duly made and filed. At the meeting of the board at which the clerk is elected his compensation should be fixed by an order of .the board. The law clearly contemplates that the compensation should not be paid until the end of the school year and until the board is satisfied that all reports have been made and filed. The report usually neglected is that to the county commissioners re- quired by section 9784. A reasonable compensation should be paid the district clerk, and he should be selected solely with reference to his qualifications for the position. In many of the country districts the board of directors meet for organization on the same day and immediately after adjournment of the annual meeting. 22 SEC. 9762. Vacancy in directory, how filled. If a vacancy occur in the office of director, by death, resignation, refusal to serve, repeated neglect of duty or removal from the district, the remaining directors shall, before transacting any official business, appoint some suitable per- son to fill such vacancy; but should they be unable to agree, or should there be more than one vacancy at any one time, the county commis- sioner shall, upon notice of such vacancy or vacancies being filed with him in writing, immediately fill the same by appointment, and notify said person or persons in writng of such .appointment ; and the person or per- sons appointed under the provisions of this section shall comply with the requirements of section 9760, and shall serve until the next annual school meeting. (R. S. 1899.) This section applies to districts organized under the provisions of the city, town and village schools act, as well as to country districts. When a vacancy occurs from any of the causes prescribed in this section, it must be filled before transacting any official business. Any member may be cited to appear before the board of directors and show cause why his office should not be declared vacant on account of repeated neglect of duty. If it shall be held by a majority of the board that such member is guilty of repeated neglect of duty, or if such member fails to appear in obedience to notice, his office may be by them declared vacant, and some person qualified therefor may then be appointed by them to fill such vacancy until the next annual meeting. FORM FOR APPOINTMENT OF DIRECTOR BY SCHOOL DIRECTORS. We, the undersigned, directors of district No. , township No. , range No. of county, Missouri, do hereby appoint to mi the vacancy in the office of director of said district, caused by the (death, resignation, removal or refusal to act, naming the cause) of . Directors. SEC. 9763. Care of property and purchase of material. The board of directors shall have the care and keeping of the school-house and other property belonging to the district, except such as may be especially confided to the district clerk. They shall provide the necessary globes, maps and other apparatus for the school-room, shall keep the house in good condition and repair during the period a school shall be taught therein, as well as the out-houses belonging thereto and the grounds comprising the site therefor, provide fuel and other material necessary for the use of the school, and the floors shall be swept and fires made at the expense of the district, and shall cause an accurate account of the expense thereof to be kept, and submit a report of the same at the ensu- ing annual meeting. Nothing in this section shall be so construed as to prevent the use of any school-house for religious, literary or other public purposes, or for the meeting of any farmer or labor organization or so- ciety for educational purposes, whether the same be secret or otherwise, when such use shall be demanded by a majority of the voters of such 23 district voting at any annual or special meeting where such question was submitted: Provided, however, that when the use of the school-house is allowed for the above named purposes, it shall be the duty of the party or parties using it to keep it clean and in good repair, and to leave it in as good condition as it was when they took charge of it : Provided, fur- ther, that should the party or parties so using the same school-house fail to comply with the provisions of this act, the directors of such dis- trict may refuse them further use of it until said provisions are complied with. (R. S. 1899.) Where furniture of school district remains in school-house and the key in posses- sion of the trustees, they are in possession of school-house. 27 Mo. 251. Board of directors cannot authorize school-house to be used for purpose of teaching a Sunday school. 67 Mo. 301. Directors acting separately and apart cannot bind district. 67 Mo. 319. Acts of directors to bind corporation must be done in their official capacity. 26 Mo. 102. Proceedings of board of school directors must be shown by their record. 48 A. 408. No action can be maintained against school district upon an order drawn upon treasurer -by one or more of the directors of the district. 67 Mo. 319. Board has power to make contracts for sweeping school-house and making fires. 60 A. 372; 28 A. 1G9. By this section the board has full care of the school buildings and all other property belonging to the district, and is empowered and directed to provide all neces- sary supplies, keep the house in good repair and cause the floors to be swept and fires made at the expense of the district. Under supplies the board may purchase out of the incidental funds a small amount of supDlementary reading which is as neces- sary to the success of. the school as black-boards and crayons, and more necessary than maps and charts. In exercising their right to enter into contracts binding upon the district, the board of directors is confined to the manner and the conditions required by the terms of the statute. The purpose of these requirements is that the terms of the contract shall in no essential particular be left in doubt, or to be determined at some other time. If a person can, without such contract, bind the district impliedly for the value of his services, he would defeat the purpose of the legislature in enacting the law. The law will not make that valid without writing which it requires to be in writing. 30 A. 456. The teacher has no more power to employ a janitor than he has to repair the school-house or provide fuel at the expense of the district. If in consequence of the neglect of these duties by the board the teacher cannot carry on his school for the term, the district would not be exonerated from liability to the teacher for his wages under the contract. The fault not being his, he would be entitled to full pay. 60 A 372. "No power exists in the board of school directors to rent buildings or rooms separate from the school-house and employ a teacher for a supplementary school therein." 50 A. 39. Boards of school directors should be careful to see that the provisions of this section are properly complied with when the school building is allowed to be used for other than school purposes, for fear of vitiating their insurance. Board of directors has right under certain circumstances to reject any and all bids, and no action for damages arises. 122 Mo. 61. NEW SECTION. Library board created. There is hereby created a state library board to consist of five members, four of whom shall be appointed by the state board of education to serve for four years an-i until their successors are appointed. The state superintendent of schools shall be a member and ex officlo chairman. (Session Acts 1901.) 24 NEW SECTION. Board shall select, classify and recommend books. The state library board shall select, classify and recommend a list of suitable books for school libraries, supplementary reading and school reference books. Said list shall contain not less than forty suitable books to supplement the regular school-room work in each of the following lines : Reading, literature, history, geography and nature study, or practical agriculture. They shall enter into contract with the publishers of the selected books to furnish them, transportation charges prepaid, at the lowest possible cost to the districts : Provided, that said list may be revised every two years by said board. It shall be the duty of the state superintendent of public schools to publish and distribute to the district clerks of the state a classified list of selected books, setting forth contract price of each. (Session Acts 1901.) NEW SECTION. School boards to set aside funds to purchase books. For the purpose of purchasing school libraries, supplementary and reference books, district boards of directors shall set aside, out of the levy made for incidental purposes, not less than five nor more than twenty cents per pupil enumerated in the district each year, which shall be spent under the direction of the board in purchasing books from the list selected : Provided, that books other than those selected may be pur- chased after one hundred volumes have been purchased from the selected list of library books. (Session Acts 1901.) It is recommended that teachers be consulted by school boards before books are purchased. The members of the county boards of education will be able to give wholesome advice in the selection of books. A pamphlet containing the prices and descriptions of the selected books has been distributed containing rules and regula- tions for the management of the libraries. When the incidental funds will admit of it school boards should appropriate the maximum of twenty cents per child enumer- ated. L,ists of small libraries will be found in connection with the course of study in the appendix. These have been selected with great care with the view of sup- plementing the regular school room work. If ten or fifteen dollars is to be spent, simply order two or three of the special libraries. These small libraries are num- bered and may be ordered by number. Any combination of special lists and supple- mental lists may be made to suit the amount the district has to spend. No state has a better contract for library books. The board took great pains in selecting books and in getting bids. The list and prices will bear comparison and we feel quite proud to be able to announce the prices to the districts lower in many instances than they are furnished to the schools of Iowa; that, too, in face of the fact that the Iowa contractor wrote that he could not duplicate the Iowa bid because he was losing money on it. School boards should make, or cause to be made, a simple box-book-case to rest on the teacher's desk, provided with door on hinges and with lock and key. It will be so nruch better if such book-case can be made in the walls of the house when the house is constructed. It -may be objected that five dollars will not buy many books and that so few books will do little good. Try it. Five dollars a year is better than waiting five years to raise twenty-five dollars. Teachers and pupils will learn to appreciate a few books faster than if the list is too large. Experience with few books will insure wiser purchases later. I would advise districts to make as large orders as possible, but insist that small orders be made now rather than wait for more_. This law in no wise interferes with right of directors in cities and towns to provide public libraries, nor does it take the place of the law authorizing annual meeting to vote a library tax. A district may do bothvote at annual meeting to levy library tax and board may set aside a small amount out of the incidental fund. SEC. 9764. Rules and regulations and admission of non-resident pupils. The board shall have power to make all needful rules and regulations for the organization, grading and government in their school district said rules to take effect when a copy of the same, duly signed by order of the board, is deposited with the district clerk, whose duty it shall be to transmit forthwith, a copy of the same to the teachers em- ployed in the schools ; said rules may be amended or repealed in like man- ner. They shall also have the power to suspend or expel a pupil for con- duct tending to the demoralization of the school, after notice and a hear- ing upon charges preferred, and may admit pupils not residents within the district, and prescribe the tuition fee to be paid by the same: Pro- vided, that orphan children, or any children bound as apprentices and all children whose parents do not contribute to their support, shall have the privilege of attending school in any district in the state of Missouri in which they may find a permanent or temporary home, without paying a tuition fee : Provided, further, that any person who resides in a district in which only the studies enumerated in section 9798 are taught, and who pays a school tax in a city, town or village school district in which a school of a higher grade is established, shall be entitled to send his or her children to such higher grade school, and receive a credit on the amount charged for tuition to the amount of such school tax. "(R. S. 1899.) When pupil is released and sent back to his home, neither teacher nor directors have authority to follow him thither and govern his conduct while under the parental eye. 66 Mo. 286. Teacher can punish pupils for quarreling on their way home. 85 Mo. 485. Power of school board to make rules. 71 Mo. 628. A minor who is neither an orphan nor an apprentice and whose parents reside without the school district, is not entitled to attend the public school without paying tuition fee, although having a home more or less permanent in the district. 30 A. 285. By this section boards of school directors are empowered to adopt needful and reasonable rules for the grading and government of the schools in their district. In the absence of rules being furnished by the board, the teacher may adopt such rules and punish pupils for infractions of same. The board should see that the official course of study adopted by county boards of education is followed. In this way may system and uniformity be secured. The power to suspend or expel a pupil belongs exclusively to the board of di- rectors. Before this power can be exercised the accused must be furnished a copy of the charges preferred and be granted an opportunity to defend himself against such charges. The power to suspend or expel a pupil can in no wise be exercised by the teacher; neither can the board delegate this power to the teacher. Many teachers practice sending pupils home temporarily, i. c., suspending them. This practice is clearly illegal. This section provides that children whose parents do not contribute to their support may attend school without payment of tuition in any district in which such children may find a permanent or temporary home. 26 The board is authorized to admit non-resident pupils and prescribe the tujtion to be paid by same, and the board may admit to the schools persons over twenty years of age on payment of tuition just as non-residents are admitted. Where a person residing in one school district sends to school in another district in which he pays a school tax, how to obtain credit on tuition. 18 A. 523. Courts have no power to prescribe what shall or shall not be taught in the public schools. The term common school means schools open and public to all, rather than of a definite grade. 7 A. 566; 77 Mo. 484. A resident of a school district is not entitled to attend the public schools of the district, unless he is within the age limited by the constitution, namely, between the ages of six and twenty years. 61 A. 407. Coming temporarily within a district to reside during the scholastic year, for the purpose of sending children to the school of that district is not allowable, and the party so doing is not entitled to free tuition. 84 A. 140. A teacher has the right to Inflict reasonable punishment for misconduct by whipping. It must be administered for a salutary purpose to maintain the discipline and efficiency of the school. There is no such thing as reasonable punishment from a malicious motive. 88 A. 354. SEC. 9765. Contagious diseases. It shall be unlawful for any child to attend any of the public schools of this state while afflicted with any contagious or infectious disease, or while liable to transmit such dis- ease after having been exposed to the same. For the purpose of deter- mining the diseased condition or the liability of transmitting such disease, the teacher or board of directors shall have power to require any child to be examined by a physician or physicians, and to exclude such child from school so long as there is any liability of such disease being trans- mitted by the same. A refusal on the part of the parent or guardian to have an examination made by a physician or physicians, at the request of the teacher or board of directors, will authorize the teacher or board of directors to exclude such child from school ; and any parent or guardian who shall persist in sending a child to school, after having been examined as provided by this section, and found to be afflicted with any contagious or infectious disease, or liable to transmit the same, or after having re- fused to have such child examined as herein provided, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine of not less than five nor more than one hundred dollars. (R. S. 1899.) School boards have authority to make rules for the government of their schools and as such have the right to require children in attendance to be vaccinated, if deemed necessary by such board to prevent the transmission or spread of a contagious disease, and may exclude all pupils who refuse to comply with such requirement. 62 A. 8. Schools cannot be closed on account of contagious diseases unless ordered by board of health, or on agreement of both parties to the contract, SEC. 9766. Employment of teachers. The board shall have power at a regular or special meeting to contract with and employ legally qual- ified teachers for and in the name of the district; all special meetings shall be called by the president, and each member notified of the time, place and purpose of the meeting. The contract shall be made by order of the board ; shall specify the number of months the school is to be 27 taught and the wages per month to be paid ; shall be signed by the teacher and the president of the board, and attested by the clerk of the district when the teacher's certificate is filed with said clerk, who shall return the certificate to the teacher at the expiration of the term ; the certificate must be in force for the full time for which the contract is made. The board shall not employ one of its members as teacher, nor shall the teacher serve as clerk of the district. All transactions of the board under this section must be recorded by and filed with the district clerk. (R. S. 1899.) Board has no power to contract for services of teacher after their successors in the school board have been elected and qualified. 51 Mo. 21. Members of school board wantonly obstructing a teacher in the discharge of his duty, are. individually liable therefor. 55 Mo. 149. An order of school board entered of record to employ teacher will be sufficient to constitute contract though no written contract be entered into. 63 Mo. 137; see 28 A. 169. School board has no power to discharge teacher, but when his certificate is revoked he is disqualified from further teaching in public schools in that county. 78 Mo. 226; 19 A. 462. Directors cannot abandon contract made with a teacher because there is not sufficient funds in the treasury to pay him. 30 A. 113. Directors have no power to rent building for school purposes without consent of voters of district. 30 A. 641. Where school board meets and regularly employes teacher and orders clerk to make contract with her it is the duty of president of board to sign such contract. 50 A. 65. Not necessary that teacher have certificate that reaches to end of term, for which she is employed, provided that during the term she has proper certificate. 50 A. 65. Teacher's contract with directors need not be in duplicate nor filed with district clerk. 70 A. 624. The employment of teachers is one of the powers vested exclusively in the board of directors. In some districts the voters attempt to dictate by a vote who shall be employed as teacher, or the wages to be paid. There is no authority for a vote upon either proposition; therefore, the board is not bound by such action. A teacher may be employed at either a regular or special meeting of the board. Regular meetings of the board are those held at stated times, and it is the duty of each member of the board to attend such meeting without notice. Special meetings of the board should be called by the president, each member being notified of the time, place and purpose of the meeting, but in the event of his failure to call such meeting when the business of the district requires that a meeting shall be held, the meeting may be called by the other members of the board and the president notified of the time, place and purpose of the meeting. The contract must be made by order of the board. Individual members of the board acting separately cannot bind the district. When a teacher has been elected, the district record should show the name of the teacher, the number of months the school is to be taught, and the wages per month to be paid. An order should also be entered directing the president and clerk to enter into written contract with the teacher. It then becomes the duty of the president of the board to sign such con- tract, and he may be removed from office for a refusal to do so. Upon two points the law specifically requires that the contract shall be definite; the number of months the school is to be taught and the wages per month to be paid. A contract for five months, or longer, provided there is sufficient money to maintain a longer term, is only valid for five months. In some districts a contract is made with the teacher at so much per month and whatever tuition he may collect. This is a plain violation of law. The tuition fees must be collected and turned into the treasury to the credit of the teachers' fund. Complaint is sometimes made by teachers that they have been regularly em- ployed, the district record showing such employment, but that through some neglect the contract was not drawn, and the members of their board having, for some reason, changed their minds, rescind their former action and employ another teacher. This is an injustice to the person first employed, but he has no remedy, as the contract Is not binding on the district until it is made in writing and signed. However, should the teacher perform services for the district he may recover compensation for such 28 services, even though no written contract existed. A teacher cannot legally enter into a contract to teach without being in possession of a certificate issued by lawful authority. If such certificate expires before the -end of the term contracted for, it must be renewed at expiration. A contract for the employment of a teacher may be recovered upon, though not in writing. 63 Mo. 137. The local directors of a school district have no authority to dismiss a teacher therein, unless for good and sufficient cause shown. 55 Mo. 149. A board of school directors have no power to contract for the services of a teacher after their successors in the school board have been elected and qualified. 51 Mo. 21. A teacher does not forfeit any right under his contract, or under the law, by failing to make monthly reports, when by action of the directors the school has been closed. 30 A. 113; 28 A. 169; see 24 A. 213. The school commissioner should revoke a teacher's certificate for incompetency or Immorality; the board cannot discharge a teacher for said causes until his certificate is revoked. 19 A. 462; 78 Mo. 226. Must teach in dis- trict school-house. 30 A. 641. In absence of evidence, that meeting was not regularly called, it will be pre- sumed the meeting was regular. 59 A. 580. Where a school board meets and proceeds regularly to employ a teacher and orders its clerk to make the contract, it is the duty of the president of the board to sign such contract regardless of his view of the propriety of such action and his failure to sign the contract will not invalidate it. 50 A. 66. FORM FOR TEACHER'S CONTRACT. This agreement, made the day of , 190, between , a legally quali- fied public school teacher, of the first part, and the school board of district No. , township No. , range No. , county of , and State of Missouri of the second part. Witnesseth: That the said agrees to teach the public school of said district for the term of months, commencing on the day of - , 190, for the sum of dollars per month, to be paid monthly, and that for services properly rendered and reports correctly made according to law, said board agrees to issue a warrant upon the treasurer, in favor of the said , for the amount of wages due under this agreement. Done by order of the board, this day of , 190. , Teacher. - , President. Attest: , District Clerk. SEC. 9767. Contract construed. The contract required in the preceding section shall be construed under the general law of contracts, each party thereto being equally bound thereby. Neither party shall suspend or dismiss a school under said contract without the consent of the other party. The board shall have no power to dismiss a teacher ; but should the teacher's certificate be revoked, said contract is hereby an- nulled. . The faithful execution of the rules and regulations furnished by the board shall be considered as part of said contract: Provided, said rules and regulations are furnished to the teacher by the board when the contract is made. Should the teacher fail or refuse to comply with the terms of the contract, or to execute the rules and regulations of the board, the board may refuse to pay said teacher after due notice, in writing, is given by order of the board until compliance therewith is rendered. Should the school-house be destroyed, the contract becomes void. (R. S. 1899.) Where school-house is destroyed contract is terminated. 24 A. 213. School may be dismissed and closed before end of contract term by agreement of teacher and di- 2 9 rectors. 59 A. 580. Teacher's pay cannot be withheld for non-compliance with a regu- lation made by board during his employment unless properly notified of such regula- tion. 61 A. 512. Each party, the teacher on the one hand and the board on the other, is, equally bound by the contract. This fact cannot be too strongly impressed upon the parties to the contract. A board of directors cannot exercise too much care in the selection a teacher, for when the contract is completed it cannot be abrogated except by having the teacher's certificate revoked by the county commissioner as provided in section 9960 of the institute law. Faithful compliance with the rules and regulations furnished by the board is made part of the contract. Necessary rules and regulations for the government of the school should be adopted by every board of directors, and a copy of such rules fur- nished the teacher at the time of entering into contract. A person entering into a contract with a school district through its directors, must, at his peril, take notice of the limited powers of the directors, and if he enters into a contract with them in excess of their powers, no recovery can be had by him thereon. 30 A. 113. The power of a board of directors with reference to expenditures is limited to the income provided for the current year. Therefore, a teacher should inform himself before entering into contract as to amount of revenue provided for teachers' wages, as he can collect no greater amount than that provided. Note the difference, however, between ''revenue provided" and "revenue collected." When the levy for school purposes is made, the revenue is said to be "provided." Warrants may be drawn against the revenue provided whether it is collected during the school year or not. Teacher need not have certificate when contract is made. Must hold certificate while teaching. Contract requiring special examination of teacher, nugatory. Ser- vices under contract must be rendered during school year. 93 A. 254. SKC. 0768. Visitation of schools. It shall be the duty of the board to visit the schools under their care, examine into their condition and the progress of the pupils, advise and consult with the teachers, and to exercise such supervision as will best promote the interests of the schools. (R. S. 1899.) No member of a school board should feel that he has discharged his duty until' he has visited the school at. least two or three times. Such visits encourage and stimu- late both pupils and teacher. Only in this manner is it possible for members of the 1-oard to make themselves familiar with the management of the school. SKC. 9769. Removal of district clerk. The board shall have power to remove the district clerk from his office for dereliction of duty, and appoint another in his place, to whom the former incumbent shall immediately deliver his books and papers pertaining to the office. (R. S. 1899.) The district clerk is a creature of the board, and can therefore be removed "for dereliction of duty." For this reason, it is better that the clerk be not a member of the board. The president of the board is also a creature of the board, and can be re- moved and another appointed. Of course he will still hold his position as- a member of the board. "It is essential, in every case, that charges be made, and trial had, and that the accused be notified and have a full opportunity for defense." 44 Mo. 570. SEC. 9770. Enumeration lists. The school board of each district shall, between the thirtieth day of April and the fifteenth day of May of each year, take, or cause to be taken and forwarded to the county clerk, an enumeration of the names of all persons over six and under twenty years of age, resident within the district, designating male and female, white and colored, and age of each, together with the full name of the parent or guardian of each child enumerated ; and also an enumeration 30 of all blind and deaf and dumb persons of school age resident within the district, designating male and female, white and colored, and age of each, together with the full name of the parent or guardian of each of such children so enumerated and their post office address; which said enum- erations shall be subscribed and sworn to ; and any parent or guardian who shall knowingly furnish to any enumerator the name of any child who is under six or over twenty years of age, or who is a non-resident of the district shall be guilty of a misdemeanor, and any enumerator who shall knowingly return a false enumeration shall be deemed guilty of a misdemeanor and punishable by a fine not to exceed one hundred dollars ; and should the board neglect or refuse to comply with the provisions of this section, such district shall forfeit its right to any portion of the pub- lic funds for the next ensuing school year: Provided, that the school board of any city having more than fifty thousand inhabitants may relieve itself of the duty aforesaid four times in every period of five years, by passing a resolution each year adopting the last enumeration therein made as its enumeration of persons of school age in said city for such year, and thereupon such last enumeration shall be deemed returned and taken as its enumeration for such year for all purposes under this chap- ter. The county clerk of each county shall certify to the superintendent of the school for the deaf and dumb at Fulton, as soon as convenient after he receives the enumeration lists, the names of all deaf and dumb persons of school age in his county, giving name, age, sex and color, and the name and post office address of parent or guardian of such per- sons, and to the superintendent of school for the blind in St. Louis the names of all blind persons of school age in his county, giving name, age, sex and color, and the name and post office address of parent or guardian of such persons. (R. S. 1899.) Section 1, Art. XI, Constitution. 84 Mo. 74; 30 A. 285. An enumerator is not re- quired to follow those who have apparently moved from district and get their secret Intention, but must be guided by usual and ordinary indicia of residence. 64 A. 313. Great care should be taken by the enumerator to get the name of every child in the district entitled to enumeration. The public funds state, county, and township, are apportioned upon the enumeration, and for every name missed the district will lose from $1.50 to $3.50 or possibly more. Do not fail to forward the enumeration to the county clerk within the time specified by law. It is not the duty of the district clerk to take the enumeration. The board may take the enumeration of the district them- selves, or may cause the same to be taken by employing the district clerk or any other competent person. Section 9844 makes it the duty of assessors to furnish the county clerks lists of tax-payers by school districts. SEC. 9771. Estimate. The school board of each district shall, on or before the fifteenth day of May of each year, forward to the county clerk an estimate of the amount of funds necessary to sustain the schools of their district for the time required by law, or, when a longer term has been ordered by the annual meeting, for the time thus decided upon, together with such other amount for purchasing site, erecting buildings or meeting bonded indebtedness and interest on same, as may have been legally ordered in such estimate, stating clearly the amount deemed necessary for each fund, and the rate required to raise said amount. (R. S. 1899.) Restriction on tax levy. Section 2. Art. X, Constitution. Where estimates re- turned by school districts stated rate of required tax levy, but did not mention amount of the several funds which levy would produce, irregularity is immaterial. 126 Mo. 472. County clerk has no authority to extend upon tax-books, without order of county court, school tax upon property of railroad company based upon school district clerk's certificate of amount of taxes to be levied for school purposes. 135 Mo. 618. This is to be made by the school board to the county clerk, and on or before the fifteenth day of May of each year. The estimate is for the following purposes: (1) For teachers' fund; (2) for incidental expenses; (3) for building; (4) for sinking fund; (5) for interest fund. The estimate for teachers' wages, if it exceeds forty cents on the hundred dollars, must state that it was ordered (section 9777) by a majority of the tax-payers of the district. The estimate for building purposes must show that it was authorized (section 9778) by two-thirds of the qualified voters of the district who voted at the election. The estimate for sinking fund (section 9757) cannot exceed forty cents on the hundred dollars. The estimate for interest (section 9758) must be sufficient to pay the interest as it falls due. It is very important that the 'estimate be made promptly and in good form, being careful to ''state clearly the amount deemed necessary for each fund." SEC. 9772. Condemnation of site. Whenever any district shall select, at the annual or any special meeting, one or more sites for one or more school-houses, and cannot agree with the owner thereof as to the price to be paid for the same, or for any other cause cannot secure a title thereto, the board of directors may proceed to condemn the same in the same manner as provided for condemnation of right of way in chapter 12, article 7, of the Revised Statutes, entitled "Appropriations and valua- tion of lands taken for telegraph, telephone, gravel and plank or railroad purposes ;" and such condemnation and the payment of the appraisement as therein provided the title of such lot or land shall vest in the board of directors for use in trust for the district ; and whenever a majority of the qualified voters and tax-payers of any school district, at any annual or special meeting called for that purpose, shall determine that it is neces- sary to have additional grounds for school purposes, then the board of directors may proceed to condemn and pay for any amount of land ad- jacent to the school-house site, as provided in this section. (R. S. 1899.) Section 21, Art. II, Constitution. Land condemned for public school-house site is private property taken for public use. 48 Mo. 243. In proceedings by special school district to condemn land for school-house site, defendant may put in issue plaintiff's corporate existence. 125 Mo. -439. SEC. 9773. High schools may be established. Whenever any school district of Missouri, as party of the first part, has or will furnish a room or rooms, suitable for the purpose of a high school, and will agree to seat, equip, heat and keep in order said room or rooms for high school purposes, at its own expense, said district, together with any three or more school districts in Missouri, as parties of the second part, may unite as a public central high school district, for the purposes of organ- izing and maintain ing a high school for the better instruction of the 32 children of such school districts in high school studies ; and the question of such union may be submitted to the annual meetings of such districts, severally, by legal notice, as other questions are submitted to such meet- ings; and the clerk of each district voting upon the question of such union shall record the result of the vote in the records of the meeting, and, on the reorganization of the board of directors in each of the said school districts, issue to the president thereof a certificate of the vote on the said question of union ; and at 2 p. m. on the Tuesday following the annual meeting, the directors of the several districts which have voted on the question of said union shall meet at the school-house of the dis- trict herein designated as party of the first part, and if the district so designated as party of the first part, and any three or more of the dis- tricts herein designated as parties of second part, shall have decided sev- erally, by majority vote, to form such central high school district, then the same shall be considered formed ; and the directors of the several school districts forming such central high school district shall, on said first Tuesday after the annual election, organize for the purposes of such high school district, by electing from their number a president and secretary, and agree, by a majority vote, upon the part not to exceed twenty per cent, of the teachers' fund of the several districts, to be set apart by the directors of "such several school districts for the salary of the teacher or teachers of said central high school, and decide upon the time, place and manner of electing the teacher or teachers of said central high school, who shall hold a first-grade county certificate or certificates, or a state cer- tificate or certificates, and who shall enter into contract with other school districts ; and said directors of said school district shall annually there- after, on the first Tuesday after the annual meeting, meet as hereinbe- fore provided for their first organization and reorganize by the election of a president and secretary, and transact such further business as may be necessary to continue said central high school from year to year: Provided, the sum set aside by the several boards of directors of the sev- eral school districts of said central high school district for the salary of said high school teacher or teachers shall not, in any one of said school districts, exceed twenty per cent, of the teachers' fund in said school dis- trict ; and the county treasurer or the township trustees handling the funds of said school districts forming said central high school district shall, upon notice from the secretary of said central high school district, set aside for the salary of said central high school teacher or teachers, the part of teachers' fund of the said several school districts agreed upon and set apart by the directors of the said several school districts, as herein provided for; and said county treasurer or township trustees shall pay said high school teacher or teachers from said fund set aside, upon the warrant of the president and secretary of said central high school di- 33 trict ; and the authority of the central high school board of directors herein created over the central high school, as to rules and regulations, shall be the same as that of the board of directors of other school dis- tricts over the schools of tHeir districts : Provided, that the length of term of said central high school shall not exceed the average length of term in the school districts of which said central high school district is composed: Provided, that no pupil shall be permitted to enter the classes of said central high school who has not completed the study. of descriptive geography, practical arithmetic, mental arithmetic, language lessons and elementary grammar, United States history and elementary physiology; and the teacher or teachers of said central high school may examine all pupils desiring to enter said central high school to test their knowledge of the aforesaid subjects. (R. S. 1899.) This has been in statutes for eight years and but one high school has been organ- ized under its provisions. It would be a much better plan to consolidate four or more school districts into one district for all school purposes. This can be done in accord- ance with section 9742. "When it is deemed necessary to form a new district, to be composed of two or more entire districts, etc." Four or more districts with a village near the center should be consolidated into one new district, and then within fifteen days the voters should meet and organize this new district for work, according to section 9748, and just as soon as possible organize as a village district with six direc- tors. This will provide definitely for a school of higher grade and such primary schools as the board may deem necessary. Such an organization will enable, the board to main- tain a school in each of the several original districts and to establish a central high school within reach of all the children prepared therefor, and none of them need to have farther than' six miles to go to such high school. The elementary schools in the sub-districts may be properly graded and have some supervision by the princi- pal' of the high school. The board could employ him with this in view. All the schools would be maintained for the same length of term out of a common fund derived from the same rate of taxes levied on the property of the entire consolidated district. In the event that the attendance in any one of the sub-districts should fall below a certain number the board could discontinue that school and arrange to have such pupils transferred and, if need be, carried by conveyances to other school or schools in the district. There is nothing in the law to prevent such an organization. It has been tried in other states. It is practical, especially in populous sections of our state and more especially where good roads are provided or shall be provided. The advantages summed up in a few words are: equal taxation; equal privileges for the children in length of term, efficiency of teachers, and proper grading; all children having opportunity of a good high school with free tuition; ecpnomy of teaching force by collecting together a sufficient number of advanced pupils to justify the employ- ment of a good teacher and in closing out the elementary schools with small at- tendance. NEW SECTION. Permitting certain schools to consolidate. Three or more common school districts, or a village district having less than two hundred (200) children of school age by last enumeration, together with two or more adjoining districts, may be consolidated into a new dis- trict for the purpose of maintaining both primary schools and a high school by proceedings had in accordance with the provisions of section 9742 of article i, chapter 154 of the Revised Statutes of 1899. When such new S L- 3 34 district is formed it shall be known as "Consolidated district No. . . of county," and shall organize at a special meeting within fifteen days after the formation thereof; such organization and the government of such consolidated district shall be under, and in compliance with, the laws governing city, town and village school districts as provided in ar- ticle 2, chapter 154 of the Revised Statutes of 1899. (Session Acts 1901.) This law enables three or more school districts, one of which may be a village dis- trict with six directors, to unite and form a new district. This must be 'done at the annual school meeting by posting notices as in case of change of boundary line. The districts vote separately on the question of consolidation. If all districts affected vote "for consolidation" the new district is formed. If all of them vote "against consolida- tion" it is not formed. If one or more districts vote for and one or more vote against, the matter should be appealed to the county commissioner and by him referred to a board of arbitration. The new district will be under the six director system and may maintain a high school and as many lower grade schools as the board of directors may determine. The first meeting of the newly created district should be called in the manner provided for in section 9748 and when assembled the organization should be effected as provided for in section 9861. SEC. 9774. Separate schools for white and colored children. Separate free schools shall be established for the education of children of African descent ; and it shall hereafter be unlawful in the public schools of this state for any colored child to attend any white school, or for any white child to attend a colored school. (R. S. 1899.) SEC. 9775. Schools for colored children establishment of. When there are within any school district in this state fifteen or more colored children of school age, as shown by the last enumeration, the school board of such school district shall be and they are hereby author- ized and required to establish and maintain within such school district a separate free school for said colored children ; and the length of the school term for said colored children and the advantages and privileges thereof, shall be the same as are provided for other schools of corresponding grade within such school district, and the board shall in all cases conduct, manage and control said school as other schools of the district are con- ducted, managed and controlled; and all indebtedness incurred by said board in providing suitable buildings, employing teachers and maintain- ing said school, shall be paid for out of the appropriated funds of the dis- trict, upon warrants ordered and issued in conformity with the provis- ions of sections 9788 and 9789 of this chapter: Provided^ there be no school building in such school district for said colored children, the board shall be and they are hereby authorized and required to rent suitable buildings and furnish the same, and all expenses necessarily incurred shall be paid out of the funds to the credit of the building or incidental funds of such school district. Should any school board neglect or refuse to comply with the provisions of this section, such school district shall be . 35 deprived of any part of the public funds for the next ensuing school year: Provided, that in case the average daily attendance of colored children for any one school month shall be less than eight, then said school board may discontinue such school for a period not to exceed six months at any one time: Provided, that in cases where two school districts join and in either or both of said districts the enumeration of colored children of legal school age is less than twenty-five, the boards of directors of such districts may establish a joint colored school in either of said districts, the expenses of maintaining said school to be borne by the district estab- lishing same in proportion to the number of school children enumerated in each. The control of said school shall be vested in the board of directors of the district in which the school-house wherein said colored school is maintained is located. (R. S. 1899.) Warrant for wages of teacher in colored school is payable out of teacher's fund. Law does not create separate fund for support of colored schools. 64 Mo. 26. Constitu- tion and laws providing for separate schools for colored children are not forbidden by fourteenth amendment to federal constitution; equality, not identity of privileges, is guaranteed to the citizens by said amendment. 103 Mo. 546. Who are residents within the meaning of this section. 64 A. 313. When the enumeration taken in any year shows that fifteen or more colored children of school age reside within the district, it is the duty of the board of directors to establish and maintain a separate free school for the education of these children. The establishment is not perpetual. Compliance with this law requires that the school privileges accorded the colored children shall equal those enjoyed by the white children. The establishment of a colored school in some old tumble-down shed of a building, with little or no furniture and situated in a remote inaccessible part of the district, while the white children in the same district are provided with a com- fortable well furnished school building, does not comply with the. spirit of this law. Instances have been reported in which it is claimed that the enumerator returned a false enumeration in order to avoid the establishment of a school for the colored children. In doing this, the enumerator not only violates his oath of office, but is guilty of a misdemeanor, punishable by a fine of $100.00. See section 9770. For failure to establish a colored school when fifteen colored children are enum- erated in the district, the district forfeits all public funds due it, and the board of directors may be removed from office for neglect of duty. In a district having estab- lished a colored school, if the enumeration of colored children falls below fifteen, the school may be discontinued. The board also has authority to discontinue the school for a period of six months when the average daily attendance for any one month falls below eight. Should a school be discontinued for this reason, it must be reopened at the expiration of six months unless the white school in the district has closed in the meantime, in which event the colored school need not be reopened dur- ing the current school year. There is no authority for setting aside a certain sum of money to maintain the colored school. The expense of maintaining the colored school must be paid in the same manner and out of the same funds drawn upon to sustain the white school. This encourages adjoining districts, each having an enumeration of colored chil- dren less than twenty-five, to consolidate their school for colored children. The fact that colored children have to go farther to attend school than white children does not furnish a substantial ground of complaint on the part of the former. 183 Mo. 546. SEC. 9776. Colored children, right to attend other schools in the county. When the number of colored children of school age residing 36 in any school district, as shown by the last enumeration, shall be less than fifteen, they shall have the privilege and are entitled to attend school in any district in the county wherein a school is maintained for colored children, and the school board of the district in which such colored chil- dren reside shall reserve a sufficient amount from the teachers' fund of such district to pay the expense thus incurred for such school year ; but such colored children shall only be entitled to attend school for the same length of time that other schools of the district in which they reside are maintained; and at the end of the school term, the school board of the district in which such children may have attended school shall make out and forward to the school board of the district in which such children re- side an account showing the amount due for said colored children, said amount to be equal to the pro rata expense of such attendance, the same to be prorated according to the amount paid for teachers' wages and in- cidental expenses during such school term ; and the school board of the district in which such children reside shall issue an order on the county or township treasurer to transfer said amount to the credit of the teach- ers' fund of the district in which said children attended school. Any school board neglecting or refusing to comply with the provisions of this section shall be held individually responsible for the amount due the dis- trict in which said colored children attended school. (R. S. 1899.) This section gives colored children of school age, residing in a school district not containing the requisite enumeration, the right to attend any colored school in the county. This section imposes tv/o duties upon the board of the district in which the colored children reside: (1) "to reserve a sufficient amount from the teachers' fund of such district to pay the expenses thus incurred;" (2) "to issue an order on the county or township treasurer to transfer said amount to the credit of the teachers' fund of the district in which said children attended school." The section imposes one duty upon the district in which the colored children attend, as follows: "To make out and forward to the school board of the district in which the children reside, an account showing the amount due for said colored children." It should be nojed that the colored children are only entitled to attend school during the time that the other schools in the district in which they reside are maintained; that is, if there is only a five-months' school in the country district in which the colored children reside, they are permitted to attend but five months in the district maintaining a colored school, even though that district should maintain an eight-months' school. To find the amount due the school in which the colored pupils attend, it is necessary to ascer- tain the cost per colored pupil per day, and multiply this by the number of days at- tended by the colored children residing without the district. TUs is what is meant by "pro rata expenses of such attendance, the same to be prorated according to the, amount paid for teachers' wages and incidental expenses during such school term." Note that "the school board in the district in which such children may have attended" shall forward the account against the other district "at the end of the school term." Fjr a failure to pay the account, if found correct, the members of the boar/i of directors to which the account is presented become personally liable for the amount. Failure to present the account at close of school does not forfeit the claim. The account may be collected at any time within five years after it becomes due. SEC. 9777. Increase of tax levy for maintaining schools. When- ever it shall become necessary, in the judgment of the board of directors 37 of any school district, or boards of trustees or boards of education of any city, town or village in this state, to increase the annual rate of taxa- tion for school purposes, or when any five resident tax-payers of such dis- trict shall petition such board, in writing, that they desire an increase in the rate of taxation, such board shall determine the rate of taxation nec- essary to be levied in such district within the maximum rates prescribed by the constitution for such purposes, and shall submit to the voters of said city, town, village or other school district, who are tax-payers of such city town, village or other school district at an election to be by such board called and held for that purpose at the usual place of holding elec- tions for members of such board, whether the rate of taxation shall be increased as proposed by said board, due notice having been given as re- quired by section 9779 ; and if a majority of the voters who are tax-pay- ers voting at such election shall vote in favor of such increase, the result of such vote, and the rate of taxation so voted in such district shall be certified by the clerk or secretary of such board or district to the clerk of the county court of the proper county, who shall, on the receipt thereof, proceed to assess and carry out the amount so returned on the tax-book on all the taxable property, real and personal, of such city, town or village, or other school district, as shown by the last annual assessment for state and county purposes, including all statements of merchants provided by law. (R. S. 1899.) Whenever a board deems it necessary or is petitioned by five resident tax-payers, it shall determine the increase of levy for school purposes. Proper notice having been given under section 9779, the proposition is voted upon, and is carried '-if a majority of the voters who are tax-payers voting at such election shall vote in favor of such increase." Note that tax-payers and not (jtuilified voters are spoken of. A tax-payer is one who owns either real or personal property liable to assessment and taxation. Observe that only a majority and not a two-thirds majority is required; also, that it is a majority of the tax-payers "voting at such election," and not a majority of the tax-payers of the district. For limitation of taxation,- see article 10, section 11, Missouri Constitution, and section 9844. For majority of voters voting at such election see 35 Mo. 103, and 73 Mo. 435. The provisions of the Constitution limiting the rate of taxation does not require legislative action to enforce it, and goes into effect at once, notwit'hstanding the proviso allowing the rate to be increased by legislative action and a specified popular vote. 62 Mo. 444. SEC. 9778. For erecting school-house. Such board of education or school boards of any city, town or village, or board of directors of any school district in this state, shall, whenever it shall become necessary, in their judgment, or be requested by a petition of ten tax-payers of any school district, city, town or village, to increase the annual rate of taxation for the pvrpose of erecting school buildings in such district, determine the rate of taxation necessary to be levied within the maximum rates pre- scribed by the constitution, and as therein limited for such purposes, and shall submit to the voters of districts formed of cities, towns and villages, 38 or other school district, at an election to be by such board called and held for that purpose, at the usual place for holding elections for members of such board, whether the rate of taxation shall be increased as proposed by said board for erecting school building, due notice having been given as required by section 9779, and if two-thirds of the qualified voters of such school district, or of such city, town or village forming a school district, voting at such election, shall vote in favor of such increase for the purpose aforesaid the result of such vote and the rate of taxation so voted shall be certified by the secretary or clerk of such board to the clerk of the county court of the proper county, who shall on the receipt thereof, proceed to assess the amount so returned for building purposes on all the taxable property, both real and personal, of such city, town or village forming such school district or other school district as shown by the last annual assessment for state and county purposes, including all statements of merchants as is provided by law. (R. S. 1899.) Whenever the board deems it necessary or is petitioned by ten tax-payers of the district, it shall determine the rate to be levied for building purposes, notice having been given in accordance with section 9779. The proposition is carried "if two-thirds of the qualified voters of such school district voting on the proposition shall vote in favor of such increase." Note that tico-thirds of the qualified voters, and not a majority, is required. Observe also that it is two-thirds of those voting at the election ; that is, two-thirds of the votes cast at the election, and not two-thirds of the qualified voters of tJie district. For limitation of levy for building purposes, see article 10, section 11, Missouri Constitution; also, section 9844. A building levy should be used for pur- chase of site, erection of house and furnishing the same. All permanent improvements should be made from the building fund rather than from the incidental fund, such as building a fence, digging a cistern, erecting outhouses and seating school-room. The act (Laws 1885, p. 230) authorizing an increase in the levy of school taxes for building purposes on the apportionment of the valuation of a railroad company's roadbed and rolling-stock, and empowering the county court to take into consideration the rate of increase for such purposes, made in districts through which the railroad does not run, in fixing the rate to be levied, is constitutional. 97 Mo. 496. SEC. 9779. Notice of election for increase of tax. The elections authorized in sections 9777 and 9778 may be held at an annual meeting, or at a special meeting called and held for that purpose. Said board of directors or boards of education calling such election shall cause at least fifteen days' public notice to be given of the time and place of holding such election or elections, and the purposes for which it is held, by publi- cation in some newspaper published in such city, town or village forming such school district or other school district ; and if no newspaper is pub- lished in such school district, then by five written or printed hand-bills, posted in five of the most public places in such district. (R. S. 1899.) SEC. 9780. Special meetings. Special school meetings for the transaction of business authorized by this chapter, and not restricted to the annual meeting or otherwise provided for, shall be called by the board when a majority of the qualified voters of the district sign a 30 petition requesting the same, and designating therein the purpose for which said meeting is desired. Upon the reception of such petition, the board shall call said special meeting and require the district clerk to post notices in five public places within the district for fifteen days prior to the day of said meeting, setting forth the time, place and purpose of the same; and when assembled, the meeting shall be organized by the election of a chairman and a secretary, who shall keep a correct record of the transactions of the meeting, said record to be signed by the secre tary, attested by the chairman, and filed with the district clerk, who shall enter the same upon the records of the district ; but said meeting shall have no power to act upon any proposition not contained in the petition and submitted in the notices. (R. S. 1899.) Boards of directors have no authority to call special meetings, unless properly petitioned by a majority of qualified voters of district. 114 Mo. 641. Special meet'ng may be called for purpose of continuing school beyond period required by constitu- tion. 27 A. 36. Note that special school meetings shall be called by the board "when a ma- jority of the qualified voters of the district s:gn a petition requesting the same, and designating therein the purpose for which said meeting is desired." The special meeting when called can vote only on the propositions set forth in the petition and notices. Of the items under 9750, the following are "restricted to the annual meeting or otherwise provided for:" item 2 (election of directors); item 3 (filling of vacancy in board), restricted to the annual meeting by section 9759; item 4 (increase of levy for school purposes), otherwise provided for by section 977.7; item 8 (change of boundary), restricted to the annual meeting by section 9742; item 8 (election of commissioner), restricted to annual meeting by section 9803; item 9 (levy for build- ing purposes), otherwise provided for by section 9778. The following items under 9750 are ''not restricted to the annual meeting or otherwise provided for," and,_ therefore, may be acted upon at a special meeting called under section 9780; item 4 (increase of school term); item 5 (to vote sum for library); item 7 (sale of school property no longer needed for use of district); item 10 (location of school-house site); item 11 (change of school-house site). The law does not limit the number of times a proposition may be submitted to the legal voters of a school district. A proposition not restricted to the annual meeting nor "otherwise provided for" may be submitted as often as a majority of the qualified voters of the district will sign a petition requesting that a special meet- ing be called, and designating the purpose for which- such special meeting is desired. Upon reception of such petition, the board of directors must call the meeting. FORM OF PETITION FOR SPECIAL SCHOOL MEETING. We, the undersigned, a majority of the qualified voters residing in school district No. , township No. , range No. , county of , State of Missouri, desire that a special meeting of the qualified voters of said district be called for the purpose of FORM FOR NOTICE OF SPECIAL SCHOOL MEETING. Notice is hereby given to the qualified voters of district No. , township No. , range No. , county of - , and State of Missouri, that in conformity with the petition of a majority of the resident voters of said district, a special school meeting will be held at , in said district, on the day of , 190, commencing at 2 o'clock p. m., for the following purposes, viz.: Done by order of the board, this day of , 190. District Clerk. NOTE The above notice should state distinctly the purpose for which the meet- ing is called, and should be posted fifteen days before the day set for the meeting. 40 SEC. 9781. School day, week, month and year. The school day shall consist of six hours occupied in actual school work ; the school week shall consist of five school days, except when Thanksgiving" day, Decem- ber 25, February 22 or July 4 shall fall upon a regular school day, then the four remaining school days, if taught, shall constitute a legal school week ; the school month shall consist of four weeks ; and the school year shall commence on the first day of July and end on the thirtieth day of June following. (R. S. 1899.) By long established custom, a great majority of our rural schools divide the school day as follows: 9:00, opening; a ten minute recess middle of forenoon; 12:00 to 1:00, noon; 1:00, opening of afternoon session; a ten minute recess middle of after- noon; 4:00, dismissal. Concensus of opinion approves this plan as best for children. The phrase "Six hours occupied in actual school work" has reference to work by the teacher in and about the school room. The above programme fulfills the requirement. For, from tho nature of the case, the full time of the teacher is occupied during the forenoon and afternoon recesses in looking after the heating, ventilation and innumerable other matters of detail which cannot be attended to except when the greater number of children are at liberty. But this is "actual school work." In most of the well organized city and town schools the children of the higher grades are engaged in study and recitation about five hours daily; the smaller children a much shorter time. Counting work in and about the school before 9 a. m., at noon, and after 4 p. m., good teachers in good schools usually spend from seven to nine hours daily in "actual school work." This they do voluntarily and cheerfully at times overruling the protests of the janitor. There are no legal school holidays except those specified in this section. General election day and New Year's day are not legal school holidays. Many schools have adopted the Monday holiday, and teach on Saturday. The state superintendent will try to visit each county in the state once every two years. He would be glad if directors and teachers would agree to take a day off and meet him on such occasions to discuss with him some important school questions. A day so spent will not be lost. There is nothing in law to prevent such suspension, and to prevent the board's paying teacher for that day. SEC. 9782. Arbor day set apart. The first Friday after the first Tuesday in April of each year is hereby set apart as Arbor day for this state and all teachers, pupils and patrons are requested to observe the same in their respective school districts by encouraging the planting of trees, shrubbery and flowers upon and around the school grounds of their district, that said grounds may be rendered pleasant and attractive a part of said day to be devoted to literary exercises having special refer- ence to the work in hand, as the teacher or committee in charge may direct, and the afternoon to be devoted to the improvement and ornamen- tation of the school grounds. (R. S. 1899.) Sec. 9782. Arbor day properly observed will cultivate good taste and sentiment. The planting of trees, shrubs and flowers, and giving them proper cultivation should be regarded by teachers and pupils as a privilege. The school premises have a great educating influence. The directors should see to it that the school grounds are fully supplied with trees and grasses. The shrubs and flowers and little experimental garden belong properly to the teachers and pupils. Arbor day is only a day for special culture by means of these things. The trees, shrubs, grasses and flowers should be well kept all the year round. The school-house and grounds should constitute the culture center of each district. 41 They should be so kept as to exercise a wholesome influence on the children of the district all the year round. Recollections of the library, the clean floors and furniture, the well kept lawn, the shade trees and flower beds, should be made green spots in memory for all time to come. In fact, the school-house and grounds and everything connected therewith should be as inviting as the best home in the district. SEC. 9783. Penalty for injuring school property or failure to per- form official duty. Every person who shall willfully injure or destroy any building used as a school-house, or for other educational purposes, or any furniture, fixtures or apparatus thereto belonging, or who shall deface, mar or disfigure any such building, furniture or fixture, by writ- ing, painting, cutting or pasting thereon any likeness, figures, words or devices, shall be fined in a^sum double the amount of damage done to any such building, furniture or apparatus, and shall be fined in a sum not less than ten nor more than fifty dollars for each offense, for writing, painting, cutting or pasting on any such building, furniture or fixtures, any such words, figures, likeness or device, to be recovered by civil pro- ceedings in any court of competent jurisdiction, in the name and to the use of the school district to which the property may belong; and the pun- ishment provided in this section to be in addition to and not in lieu of the punishment provided by the statute regulating crimes and punishments for such offenses. Any district or county clerk, county commissioner, county treasurer, school director or other officer, who shall willfully neg- lect or refuse to perform any duty or duties pertaining to his office under this chapter shall be regarded as guilty of a misdemeanor, and subject to a fine of not more than one hundred dollars, to be recovered in any court of law in this state having competent jurisdiction. (R. S. 1899.) This section imposes a penalty, (1) for injuring school property; (2) for failure to perform official duty. Observe in each case the word ''willful." "To sustain a charge of misdemeanor in office, it must "be confined to official conduct', that conduct must Ite shown to have been willfully corrupt." 41 Mo. 210. The word willfully as used in this section means intentionally, and knowingly. For full information as to how to proceed in misdemeanor cases, before justices of the peace, see article 12. p. 706 of the Revised Statutes of 1899. Disturbance of the school may be punished as prescribed in section 2160, Revised Statutes, 1899. SEC. 9784. Duties of district clerk. -The district clerk shall keep a record of the proceedings of all annual and special meetings of the qualified voters of the district; also, the proceedings of the board of directors. He shall make copies of the election notices, contracts with teachers, certificates and all other papers relating to the business of the district, and securely keep the same. He shall transmit to the county com- missioner, on or before the fifteenth clay of July in each year, a report embracing the following items : First, the number of children, male and female, white and colored, attending the public schools during the year ; second, total number of days attendance by all such children ; third, the number of days the public schools of the district have been maintained 42 during the school year; fourth, the number of teachers employed, male and female, and the wages per month of each; fifth the number of school-rooms occupied in the district and the number of children that may be seated in the same; sixth, estimated value of school property owned and managed by the district ; seventh, assessed valuation of the dis- trict ; eighth, rate of school tax on the assessed valuation of the district ; ninth, cash on hand at the beginning of the year; tenth, tuition fees re- ceived and credited to the teachers' fund of the district; eleventh, public funds received by county treasurer; twelfth, district tax received by county (or township) treasurer; thirteenth, amount paid on teachers' wages ; fourteenth, amount paid for incidental expenses ; fifteenth, amount expended for purchasing site, erecting school-houses, rent and repairs ; sixteenth, amount expended in canceling bonded indebtedness and paying interest on same; seventeenth, amount expended for library; eighteenth, cash on hand at the end of the year. (R. S. 1899.) 30 A. 641; 48 A. 408; 58 A. 658. District clerk should enter upon records of district an exact copy of record of annual meeting as kept by secretary; but, should he fail to do so, his record is admissible in evidence. 54 A. 31. This section makes it the duty of the district clerk (1) "to keep a record of the proceedings of all annual and special meetings;" (2) "of the proceedings of the board of directors;" (3) he shall make copies of the election notices, contracts with teachers, certificates and all other papers relating to the business of the district, and securely keep the same; (4) to "Transmit to the county commissioner on or before the fifteenth day of July in each year a report." The record of the annual and special school meetings is of special importance. It is the only official evidence of these proceedings. Grave questions are settled at these school meetings directors elected, levies made for school purposes and for building purposes, and school bonds voted. Remember that the record of the district clerk obtained from the secretary of the meeting is the only official and legal evidence of these transactions. The financial statement to the annual meeting under section 9795 should be carefully recorded. Again, how important it is that the proceedings of the board of directors be carefully recorded! This record is the only legal evidence as to whether a teacher was elected or a contract let. But no duty of the district clerk is more important than that of transmitting a correct report to the county commissioner, embracing every item in the blank report prepared by the state superintendent. This report is due from the district clerk "on or before the fifteenth day of July in each year." The law specifies that it must be made on or before, July 15. This does not mean the last of July or any time during August or September, as many district clerks seem to think. If the district clerks do not make their reports promptly, how can the county commissioner make his report promptly to the state superintendent? As late as November, we urge a county commissioner to send in his report. He replies that some district clerks have so far failed to make their reports to him. Boards of directors should dismiss such inefficient clerks. Note also from section 9761 that no clerk shall receive his compensation until his report is made. Board should not allow the clerk any pay until he shows receipt from the county commissioner that his report is accepted. This should be enforced strictly. This report cannot be made before the first day of July because the school year does not end till the 30th day of June. You will notice (section 9850) that it is between July 1 and July 15 thfct the county treasurer settles with the county clerk, thus arriving at the data for the financial statement of each district of the county, showing the receipts and disbursements. Duties of district clerks discussed. 89 Mo. 23. 43 SEC. 9785. County commissioner to furnish necesrary blanks to school officers. All necessary blanks required by school officers shall be furnished by the state superintendent to the county commissioners, who shall immediately upon the receipt of the same, supply the clerk of each district in their respective counties with the same, the form of such blanks to be determined and indicated by the state superintendent as pro- vided by law ; and all necessary expenses incurred by the commissioner for postage and stationery in supplying the districts of his county with blanks, laws, reports and circulars of information shall be paid for an- nually out of the county treasury, upon an order from the county court, based upon an itemized statement of the commissioner, accompanied by corresponding vouchers. (R. S. 1899.) The state superintendent prepares blanks and expresses them to county commis- sioners every year in February with the request that they be sent immediately to the clerks. In doing this, the commissioner incurs certain expenses for postage and sta- tionery. When he purchases postage or stationery, he should take a receipt. This is his voucher. He should present to the county court, at its quarterly sessions, an itemized statement of his expenses for postage and stationery, accompanied by the vouchers. It is the duty of the county court to allow all such accounts. The blanks printed under the direction of the state superintendent and sent out are as follows: (1) Notice of Annual Meeting; (2) Treasurer's Financial State- ment; (3) Estimate to County Clerk; (4) Enumeration List; (5) Teacher's Contract; (6) Teacher's Monthly Report; (7) Teacher's Term Report, including individual pupils' reports; (8) District Clerk's Report to County Commissioner; (9) County Commis- sioner's Report to State Superintendent; (10) Teacher's Blank Certificate; (11) School Warrants; (12) Pupils' Certificates of graduation. SEC. 9786. District clerk to procure record book and teacher's register. It shall be his duty to procure the necessary record books for the proper transaction of the duties of his office ; also to procure and furnish to each teacher a school register, properly ruled, headed and classified, to exhibit the following : The names, ages and studies pursued by all pupils attending the school, the date of their entrance, daily attend- ance and absence, and the date of the visitation of the school by the direc- tors or patrons, and such other facts as the state superintendent may re- quire the above to be paid for out of the moneys used to defray the inci- dental expenses of the district. (R. S. 1899.) In the district clerk's record book are recorded the proceedings of annual and special meetings of the board of directors, copies of election notices, contracts with teachers, etc., in accordance with section 9784. This book should contain three or four quires of paper. District clerk must procure a register for the teacher. This is not optional, and the teacher should take special pains to use this register to the best ad- vantage. Section 9800. SEC. 9787. Notice of special meetings. It shall be the duty of the district clerk to post all notices required by law when duly ordered by the board, for any annual or special school meeting, also those required by law to be posted by the district clerk without such order of the board ; 44 and all such notices shall be posted in five public places within the dis- trict, for fifteen days prior to the day of such meeting. (R. S. 1899.) Change of boundary of district; duty of clerk as to notices. SO Mo. 23. Sufficiency of notice. 54 A. 31. Special meetings are those provided for by sections 9752, 9777, 9778 and 97SO. It is supposed that all qualified voters should take notice of the annual meeting without notices being posted, but it has become customary to post notices for annual meet- ings as well as for special meetings, as it often happens that special propositions re- quiring notice are voted on at the annual meeting. Propositions requiring notices for the annual meeting should be considered as if .submitted at a special meeting. In other words the annual meeting becomes a special meeting when it considers anything not specifically designated as belonging thereto. The district clerk may be proceeded against under section 9783 for failure to perform his duty. SEC. 9788. Payment of district indebtedness. Upon the order of the board of directors, it shall be the duty of the district clerk to draw warrants on the county treasurer in favor of any party to whom the dis- trict has become legally indebted, either for services as teacher, for ma- terial purchased for the use of the school, or material or labor in the erec- tion of a school-house for said district the said warrant to be paid out of any moneys in the appropriate funds in the hands of the said treasurer, and belonging to the district. The species of indebtedness must be clearly stated, and should be drawn on its appropriate fund ; all moneys for teach- ers' wages on the teachers' fund ; all moneys used in the purchase of a site, erection of buildings thereon, and furnishing the same, on building fund ; and all other expenses to be paid out of the contingent fund : Pro- v-ided, however, that no order for the payment of teachers' wages shall be drawn in favor of any person not holding a certificate of qualification, signed by the county commissioner or state superintendent, or in favor of any teacher delinquent in his monthly or term reports; and further provided, that before drawing any such warrant, the president of the board shall first visit the office of the county or township treasurer, and record his signature in a book to be kept in the office of said treasurer for that purpose. (R. S. 1899.) Where an average rate for school building tax is computed upon a basis which blends rate of taxes for school buildings, sinking and interest fund, the irregularity is no ground to enjoin collection of tax. 126 Mo. 472. Those funds are all part of building fund. Id. Until teacher flies his report, directors have no right to order pay- ment of his wages. 24 A. 213. But teacher does not forfeit any rights under his con- tract by failure to make such reports, if prevented from so doing by action of direc- tors. 30 A. 113; 31 Mo. 319. This section provides for the drawing of warrants upon the ''order of the board of directors." by the district clerk, "on the county treasurer, in favor of any party to whom the district has become legally indebted." These warrants must be upon the proper fund. Three funds are specified teachers' fund, building fund and contingent fund. The species of indebtedness must be clearly stated. No teacher delinquent in his monthly or term reports, or not holding a legal certificate, can receive a warrant. The president of the board is required to record his signature with the county or town- ship treasurer. The object of this is to prevent fraud. By section 9SG4 in express terms, and by section 9761 by inference, no warrant can be ordered except by a majority of the board: that is, unless a majority of the whole board vote therefor. The reason 45 I say "by inference," under section 97G1, is that by this section a majority of the board is necessary to constitute a quorum. A majority of a board of three is two. If two members are present, both must vote for issuing the warrant before it can be ordered issued. This is a majority of the entire board. In signing warrants, the president and clerk of the board act ministerially. It is their duty to sign warrants when ordered by the board, regardless of their preferences in the matter. Boards of directors, in purchasing furniture or apparatus from agents, should be very careful not to be induced to sign any contracts or warrants presented by these agents. If a purchase is made from agents, the warrant should be drawn upon the legal blanks belonging to the board and upon the Incidental fund. Boards of directors have no authority to order a warrant or enter into a contract exceeding the revenue provided for the current school year. Such warrant or contract rloes not constitute a legal claim against the district. SEC. 9789. Form of warrant. The warrants thus drawn shall be in the following form, and shall be signed by the president of the board and countersigned by the district clerk : , TEACHERS' FUND. $ No. Treasurer of - - county, Missouri: Pay to , or order, for services as teacher in district No. , township , range , dollars, out of any funds in your hands for the payment of teach- ers' wages belonging to said district. Done by order of the board, this - day of - , 19. , president. , clerk. INCIDENTAL FUND. $ . No. Treasurer of county, Missouri: Pay to , or order, the sum of dollars, for furnished district No. , township , range , out of any funds in your hands, for the payment of incidental expenses belonging to said district. Done by order of the board, this day of , 19 . , president. , clerk. BUILDING FUND. Treasurer of county, Missouri: Pay to , or order, the sum of - dollars, for furnished in the erec- tion of a school-house in district No. - , township , range , out of any money in your hands belonging to the building fund of said district, and not other- wise appropriated. Done by order of the board, this day of , 19 . , president. , clerk. The treasurer shall open an account for each fund specified in this sec- tion, and all moneys received from the state, county and township funds, and all moneys derived from the taxation for teachers' wages, and all tuition fees and all back taxes, shall be placed to the credit of the "teach- ers' fund ;" the money derived from taxation for incidental expenses shall be credited to the "incidental fund ;" all moneys derived from taxation for building purposes, from the sale of school site, school-house or school furniture, from insurance, from sale of bonds, from sinking fund and interest, shall be placed to the credit of the "building fund;" and all moneys not herein specified that now belong to any school district, or that may hereafter be received by such school district, shall be placed to the 46 credit of the "teachers' fund" of such school district. No treasurer shall honor any warrant unless it be in the proper form and upon the appro- priate fund ; and each and every warrant shall be paid from its appropriate fund, and no partial payment shall be made upon any school warrant, nor shall any interest be paid upon any such warrant: Provided, that the board of directors shall have the power to transfer from the incidental to the building fund such sums as may be necessary for the ordinary re- pairs of school property ; provided further, that in the event of a balance remaining in the building fund, after the purpose for which said fund was levied is accomplished, the said board shall have the power to trans- fer such unexpended balance to the incidental fund. (R. S. 1899.) School warrant will not draw interest, but treasurer refusing to pay warrant when legally drawn and payment of same demanded, will be liable on his official bond for damages sustained, which would be interest on amount detained. 72 A. 403. This section defines the three funds and gives the source from which each Is derived. It also provides, "no treasurer shall honor any warrant unless it be in the proper form and upon the appropriate funds, and each and every warrant shall be paid from its appropriate fund." This positively prohibits the interchange of funds; that is, the teachers' fund cannot be used for incidental purposes, nor the incidental fund for paying teachers' wages. Neither can the building fund be used for any other purposes. However, the syllabus 64 Mo. 26, reads as follows: "Under a proper con- struction of this section, it was simply intended to provide that the money raised by taxation for building purposes should be applied only to that purpose, and that the money raised by taxation for other purposes should not be paid out for building." It must be remembered that when this opinion was rendered, the law provided for two funds a building fund and a fund for all other purposes. See laws of '74, p. 162, section 65. The three funds must, therefore, be carefully looked after and kept sep- arate. ! I SEC. 9790. School moneys, how applied. All moneys arising from taxation shall be paid out only for the purposes for which they were levied and collected ; but the income from state, county and township funds shall be applied only to the payment of teachers' warrants, issued by order of the board to legally qualified teachers for services rendered according to law. No county or township treasurer shall honor any war- rant against any school district that is in excess of the income and rev- enue of such school district for the school year beginning on the first day of July and ending oh the thirtieth day of June following ; nor shall any portion of the funds mentioned in this section be applied in payment of any teacher's warrant issued prior to the distribution of such funds in accordance with section 9840, and no school warrant shall bear interest. (R. S. 1899.) Money can be paid out only for purposes for which it was levied and collected. 58 Mo. 116; 64 Mo. 26. Liability of county court for diversion of county school fund. 110 Mo. 67. This section further emphasizes the distinctness of the three funds, and provides, "no county or township treasurer shall honor any warrant against any school dis- trict that is in excess of the income and revenue of such school district for the school year beginning on the 1st day of July and ending on the 30th day of June following." Article 10, section 12 of the Constitution of Missouri, ucon which the above quoted 47 provision is based, reads: "No school district shall be allowed to become indebted in any manner or for any purpose to an amount exceeding, in any year, the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose." These provisions oblige the board to so manage the expenditures of the district as to make each year take care of itself. No treasurer is permitted to cash a warrant in excess of the revenue provided for the school year in which such warrant is issued. A warrant, however, may be issued when there is no money in the proper fund to pay it, as taxes may be collected before the end of the school year June JO thus permitting this warrant to be legally paid. Under a proper construction of this section, it was simply intended to provide that the money raised by taxation for building purposes could be applied only to that purpose, and that the money raised by taxation for other purposes could not be paid out for building. 64 Mo. 26. SEC. 9791. Permitting school boards to loan sinking fund. Whenever any school district in any county in this state, which now has or hereafter shall adopt township organization, shall accumulate a sink- ing fund for the payment of district indebtedness, the board of directors of such school district shall have the power to loan such sinking fund, for such length of time as they shall deem proper, such time not to extend beyond the maturity of the district's indebtedness. Said board shall not loan said money for a less rate of interest than six per cent, per annum, nor for a greater rate than eight per cent, per annum. The security which shall be required shall be unincumbered real estate of at least double the value of the amount loaned, and in addition, the borrower shall give a note or bond with one or more solvent sureties, to be approved by the board of school directors, payable to the board of directors of the school district making the loan ; which note or bond shall be described in and secured by deed of trust or mortgage on the real estate given as security. (R. S. 1899.) SEC. 9792. County court may invest sinking fund, how. When- ever there are outstanding any legal county revenue warrants of any county, bearing six per cent, interest, which will be redeemed by the taxes of the current year, and there are school moneys in the hands of the county treasurer, belonging to the various districts, which will not be required for the support of the public schools before the date when such revenue warrants will be paid, the county courts are authorized to direct the county treasurer to invest such surplus school moneys in the revenue warrants, and hold them for the use and benefit of the school districts until the money for the redemption of such warrants is received into the county revenue fund, when such money shall be applied to their payment. (R. S. 1899.) SEC. 9793. County treasurer to report. The county treasurer shall, at the first term of county court after the redemption of the war- rants by the county revenue fund, submit to the court a detailed state- ment, showing the amount and time the school moneys were invested, the 4 8 amount belonging to each district so used, and the amount of interest real- . ized for each district ; and the court shall direct such interest to be placed to the credit of the respective districts, and the treasurer be charged therewith. (R. S. 1899.) SEC. 9794. Record and report of district plat. The district clerk shall record a copy of all reports made by him to the county commis- sioner. He shall also record in the record book of the district a correct plat of the district, changing the same as often as alteration is made in the boundary lines by the proper authority and shall furnish the county clerk and county commissioner with copies of the same, and shall officially notify them of any change whenever made. (R. S. 1899.) SEC. 9/95. Statement of treasurer. The district clerk shall, within five days next preceding the annual meeting, obtain from the county or township treasurer a statement showing the receipts and dis- bursements of the district since the last annual school meeting, and the balance to the credit of the various funds of the district, and the clerk shall report the same to the annual meeting and enter the same upon the records of the district. (R. S. 1899.) SEC. 9796. Teachers certificate before employment. No teacher shall be employed in any school supported by the public funds, or any part thereof, until he has received a certificate of qualification therefor, signed by the commissioner of the county where he or she intends to teach, except those holding normal diplomas and certificates entitling them to teach under section 9993 of the chapter on normal schools, and except those holding certificates then in force from the state superin- tendent. (R. S. 1899.) This section prohibits the employment of a teacher not holding a certificate. This includes substitute teachers. Whenever a substitute teacher teaches for even a day or a week, he should have a certificate. SEC. 9797. Teachers and directors liable to a misdemeanor, when. Any teacher who shall enter a public school in this state to teach, govern or discipline the same before complying with the provisions of section 9766 and 9796 shall forfeit all right, title and claim to any compensation therefor, and shall be deemed guilty of a misdemeanor and punishable by a fine not to exceed one hundred dollars ; and any director who shall indorse or encourage said teacher in such unlawful conduct shall in like manner be deemed guilty of a misdemeanor and punishable by a like fine. (R. S. 1899.) SEC. 9799. Instruction in physiology and hygiene. Physiology and hygiene, including their several branches, with special instruction as to the effect of alcoholic drinks, narcotics and stimulants on the human system, shall constitute a part of the course of instruction, and be taught 49 in all schools supported wholly or in part by public money, or under state control. (R. S. 1899.) SEC. 9800. Register of attendance. It shall be the duty of every teacher employed in any of the public schools of the state to keep a daily register, in which the names, ages and date of entrance of the pupils shall be entered, and the studies pursued by the same ; the date of each visita- tion by the directors or other school officers ; which register shall be open to the inspection of the public at all times. (R. S. i'899.) SEC. 9801. Monthly and term reports. It shall be the duty of every teacher to make out and file with the district clerk, at the expira- tion of each month, a report of the number of pupils in attendance dur- ing trie month, distinguishing between male and female, the average at- tendance, and such other statistics as the directors, by order, may require, and no warrant shall be ordered by the board or drawn by the clerk for such month's salary until such monthly report has been made and filed with the district clerk ; and at the close of the term a report, embracing a summary of the above, together with the length of term taught, wages paid, teachers employed, and such other information as the board, by its official acts, may require; and no warrant shall be issued by said clerk in favor of such teacher for the last month's silary of such term, until he shall have filed with said clerk such term report. (R. S. 1899.) Teacher must make out and file with clerk of el-strict monthly report to entitle him to his wages. 24 A. 213. Many teachers are careless in making their monthly and term reports, often, using lead pencil instead of pen and ink, and sometimes uring any kind of paper instead of the proper blanks sent out from this department. In a graded school composed of a number of teachers, the assistant teachers should make their reports to the principal or superintendent, and he should condense there reports and make on^ report to the board. "No warrant shall be issued by raid clerk in favor of such teacher for the last month's salary of such term unless he shall have filed with said clerk such term report." This should be strictly adhered to. See also section 9788. "Where a teacher in a school district failed to make out and file with the clerk of the school district the monthly report required by the statute, the board of directors of the school district had no power to order the payment of. such teacher's wages under the statute, and he could not lawfully recover judgment against the school district on account of a claim which the statute prohibited it from paying." 24 A. 214. Notice also the following from 30 A. 113: "A teacher does not forfeit any right under his con- tract, or under the law, by failing to make monthly reports when, by action of the directors, the school has been closed and there is, therefore, nothing to report." The term report blank calls for individual pupils' reports. A school board lays its mem- bers personally responsible if it pays the teacher the last month's salary before this term report is made according to the prescribed blank. SEC. 9802. Attendance at teachers' associations. It shall be the duty of each and every teacher, as soon as teachers' institutes (associa- tions) may be established in the county by law, to become members there- of, and as far as possible, to attend all regular meetings of the same. (R. S. 1899.) S L 4 50 SEC. 9803. County commissioner eligibility time of election and term of office. There is hereby created the office of county com- missioner of public schools, the incumbent of which office shall be at least twenty-one years of age, a resident of the county when elected for at least one year prior to such election, and shall hold a first-grade county certifi- cate, normal or state certificate, entitling- him to teach in the public schools of such county. There shall be one county school commissioner for each county in the state, who shall be elected by the qualified voters of the counties, at the annual district school meetings held in said county on the first Tuesday in April, 1891, and every two years thereafter. And in school districts composed of parts of districts lying in two or more coun- ties, the qualified voters residing in any fractional part of such district, having no school-house located in the county where such fractional part of such district is situated, may after the transaction of the business of the annual school meeting, retire to some convenient place selected by the county commissioner in the school district lying within the county of which they are residents, and shall organize their meeting and cast their vote for county commissioner of public schools, as is provided for annual school meetings, in section 9750 of this chapter, and the officers elected at such meeting shall perform the same duties as similar officers at the an- nual school meeting provided for in said section : Proinded, that in cities, town and village districts the voters in the county other than, where the school house is situated may organize at the same time as the meeting is organized at the school-house for the purpose of voting for school com- missioner, and no other. All returns of elections held under this section shall be made to the clerk of the county court of each county, whose duty it shall be to cast up said returns, and give to the person having the greater number of votes, a certificate of election, for which he shall re- ceive fifty cents, to be paid by the party -receiving the certificate, and the county clerk shall certify said election to the state superintendent. Con- tested elections under this section to be decided by the county court. Said commissioner of public schools shall hold his office for two years, and until his successor is elected and qualified; and all vacancies caused by death, resignation, refusal to serve, or removal from the county, shall be filled by the governor, by appointment, for the unexpired term ; the county commissioner shall turn over all books, papers, certificates, stub-books and records in his possession to his successor. (R. S. 1899.) One must, when elected, have a teacher's certificate in order to qualify him to hold the office of county commissioner. 129 Mo. 431. The qualifications of county commissioner as set forth in this section are: (1) he "shall be at least twenty-one years of age;" (2) a resident of the county when elected for at least one year prior to such election; (3) shall hold a first-grade county certifi- cate, normal or State certificate in force at the time of the election entitling him to teach in the schools of such county. SEC. 9804. Id. Determining election of commissioner. The vote for county commissioner shall be cast tip and the result announced to the meeting and entered upon the record of the proceedings. A cer- tificate containing the names of the persons voted for, and the number of votes cast for each, shall be delivered by the district clerk within five days thereafter to the county clerk, the said certificate to be signed by the chairman and secretary of the meeting; and the county clerk shall, within ten days after the annual school meeting, cast up the same and issue a commission, attested by the seal of his court, to the person receiv- ing the highest number of votes at such election. And such commission, while in force, shall entitle said commissioner to all the rights and priv- ileges accruing to any teacher of the county by virtue of his holding a certificate granted by said commissioner in accordance with section 9805. (R. S. 1899.) 129 Mo. 431. At the close of the ballot for county commissioner the secretary of the meeting should cast up the vote and enter same upon the record of the proceedings and the chairman should announce the result to the meeting. Within five days after the meet- ing, the district clerk must deliver to the county clerk a certificate containing the names of the persons voted for and the number of votes cast for each. This certifi- cate must be signed by trie chairman and secretary of the meeting, and may be in the following form: We, , chairman, and , secretary, of the annual school meeting held In district No. , township , range , county of , on the day of April, 19 , hereby certify that at said meeting received votes for the office of county school commissioner; received votes for the office of county school com- missioner. In testimony whereof we have hereunto set our hands this day of April, 19. Secretary. Chairman. The law requires the county clerk to issue a commission, attested by the seal of his court, to the person receiving the highest number of votes. The county clerk may lawfully count all votes received up to the date of issuing the commission. The commission, while in force, has the effect of a regularly issued first-grade county certificate. The commission spoken of in this section is issued by the county clerk. 129 Mo. 438. SEC. 9808. Report to be made. It shall be the duty of 'the com- missioner, under the direction of the state superintendent, to condense and return to the office of state superintendent of public schools, on or before the 3 ist day of August in each year, the education statistics of the county, as reported by the various officers therein required to report to him, see that the directors and other school officers are supplied with the law and the necessary blanks for making the various reports required, and per- form such other duties as may be required by the state superintendent. (R. S. 1899.) SEC. 9809. Compensation for office duties. Tic shall receive for services specified under this chapter, as follows : For making the re- 52 ports required under this chapter, and perfecting the record of his office, in counties of less than ten thousand inhabitants, the sum of twenty dol- lars; of ten thousand and less than fifteen thousand, the sum of thirty dollars; of fifteen thousand and less than twenty thousand, the sum of thirty-five dollars ; of twenty thousand and upward, the sum of forty dollars to be paid by the county court upon presentation of the notice of the state superintendent acknowledging the receipt of the report. (R. S. 1899.) SEC. 9810. County supervision, how adopted. Whenever the in- habitants of any county in this state may desire to establish county school supervision in and for said county, and elect a county school superin- tendent therefor, the same may be accomplished in the following manner : Upon the reception of a petition setting forth said facts and signed by one hundred resident freeholders, the county court shall order an election held therefor at the next annual school meeting, thirty days' notice to be given of said election, by publication in at least two county papers, if there be that number published in said county, within the county ; and the vote therefor shall be by ballot ; those voting therefor shall have written or printed on their ballots "For supervision," and those voting against shall have written or printed on their ballots "Against supervision," and should a majority of the votes cast upon said proposition be for supervision, the county clerk shall declare by publication the adoption of county super- vision in and for said county. The vote shall be cast up at the annual meeting, forwarded to the county clerk, and by him counted and an- nounced in the same manner as the vote for county school commissioner : all elections held for county superintendent shall be governed by the law controlling the election and qualification of the county 'commissioner, and all vacancies shall be for like cause and filled in like manner ; should county supervision be adopted the county commissioner-elect or the county com- missioner then in office shall comply with the requirements of the next section (9811), and serve as county superintendent for the ensuing term or for the remaining part thereof, and until his successor is elected and qualified. (Session Acts 1903.) SEC. qSioa. County supervision, how abolished. Any county having adopted county supervision by and under the provisions of section 9810 of the Revised Statutes of Missouri of 1899 may at any time re- submit the proposition of "county supervision'' upon the filing of a petition making such a request. In the same manner as provided in section 9810. (Session Acts 1903.) SEC. 9811. Oath, bond and office of the superintendent. 1 be- fore entering upon the duties of his office, the county superintendent shall take and subscribe an oath to faithfully and impartially discharge the 53 duties of his office under law ; he shall give a penal bond in the sum of double the amount of his salary, conditioned upon the faithful perform- ance of his official duties and the proper application and care of all moneys, books, records, papers, furniture or other property in his posses- sion or under his control, said bond to be indorsed by two or more sure- ties, who are resident freeholders and absolutely solvent, and accepted by the county court, or the county clerk in vacation; said bond shall be made payable to the county court, and upon its forfeiture the said court shall institute suit on such bond, and place any amount recovered on same, less the cost of recovery, to the credit of the permanent county school fund of said county. He shall keep his office at the county seat, and for this purpose the county court shall supply him with a suitable room, properly furnished, wherein all records, books, papers, furniture and other property thereto belonging shall be securely kept, and at the expi ration of his term of office he shall turn the same over to his suc- cessor in good condition; and said court shall supply the superintendent with all necessary record books, stationery and postage stamps for con- ducting the business of his office properly, and shall allow all necessary printing of notices and circulars of information, the same to be paid for by warrant upon the county treasurer. (R. S. 1899.) SEC. 9812. Official duties of county superintendent. The county superintendent shall have general supervision over all the schools of his county, except in cities having more than one thousand children of school age by the last enumeration of school children preceding his election and organized as a city school district, and shall perform all the duties now- required b}' the county commissioner and receive like compensation there- for ; he shall visit each school district in his county as often as practicable ; he shall examine the classification of the pupils, the methods of instruc- tion, the manner of discipline, the order maintained, the results secured, and make such suggestions to the teachers in private as he may deem advisable ; he shall inspect the ventilation, note the conditions of the build- ing, furniture, apparatus, grounds and appurtenances thereto belonging, and report the same to the board in \vriting, with such suggestions as he may consider necessary to the health, comfort and progress of the pupils ; he shall examine the teachers' register and the district records to see if they are kept according to law, and recommend such changes or im- provements as he may think proper ; he shall instruct the district clerks, when necessary, how to make their reports, and see that all warrants have been duly issued "by order of the board," either for services actually ren- dered or for material actually -furnished; he shall organize a county teach- ers' institute in his county and require the teachers to attend, unless ex- cused for satisfactory reasons, he shall hold public meetings in each mu- 54 nicipal township in the county annually for the purpose- of discussing educational questions, interpreting the school law, counseling with teach- ers and school officers, and endeavor to elevate and advance the cause of education among the people; he shall formulate a course of study and a plan for grading the schools of his county, and forward a copy thereof to each district clerk and to each\teacher employed in the county, and require the same to be followed as nearly as practicable : he shall hold one public examination each month at the county seat, notice thereof to be given by publication, and the instructions of the state superintendent shall be his guide in the examination, grading and licensing of teachers; he shall examine the records of the county, so far as relates to school funds and school moneys, see that the law is strictly observed, and shall be present at the August term of the county court to give such information as may be of importance to said court in the transactions of matters per- taining to the school interests of the county; and the instructions of the state superintendent shall be his guide in the interpretation and execu- tion of the law. (R. S. 1899.) SEC. 9813. Compensation of the county superintendent. The county superintendent shall be allowed an annual salary, to be paid out of the county treasury, as follows : In all counties wherein the number of children of school age is less than two thousand, he shall receive two hundred dollars; where the number is two thousand and less than three thousand, he shall receive three hundred dollars; where the number is three thousand and less than four thousand, he shall receive four hun- dred dollars ; where the number is four thousand and less than five thou- sand, he shall receive five hundred dollars; where the number is five thousand and less than six thousand, he shall receive six hundred dollars ; where the number is six thousand and less than seven thousand, he shall receive seven hundred dollars ; where the number is seven thousand and less than eight thousand, he shall receive eight hundred dollars ; where the number is eight thousand and less than nine thousand, he shall receive nine hundred dollars; and in all counties wherein the number is nine thousand or more, he shall receive one thousand dollars. The salary of each county superintendent under this section shall be determined by the. state superintendent from the last enumeration on file in his office at the time of the election of said county superintendent; and tHe state super- intendent shall transmit a certified copy of said enumeration and salary of said county superintendent to the county clerk of the county adopting county supervision ; but in ascertaining the salary of said county superin- tendent, the state superintendent shall deduct from the total enumeration for any and each county the enumeration of any and all city school dis- tricts whose enumeration exceeds one thousand children of school age. 55 At each regular term of the county court, said court shall order a war- rant drawn in favor of the county superintendent for one-fourth of his annual salary under this section, if satisfied he has faithfully performed the duties of his office, and the same shall be paid by the county treasurer out of the county treasury. (R. S. 1899.) SEC. 9814. Duties of state board of education. The supervision of instruction in the public schools shall be vested in a "board of educa- tion," whose powers and duties shall be prescribed by law. The superin- tendent of public schools shall be president of the board; the governor, secretary of state and attorney-general shall be ex officio members, and, with the superintendent, compose said board of education. It shall be the duty of the state board of education to take the general supervision over the entire educational interests of the state; to direct the investment of all moneys received by the state to be applied to the capital of any fund for educational purposes ; to see that all funds are applied to such branch of the educational interest of the state as by gra,nt, gift, devise or law they were originally intended. (R. S. 1899.) SEC. 9815. Duty of board in relation to swamp lands. The state board of education is hereby required to ascertain from all the various counties in the state having swamp or other school lands what disposition has been made of the same, and when in any case it shall be ascertained that the objects of the grant have been violated, the funds arising there- from perverted, or the lands or moneys used for any purpose other than those named in the grant, and by the law intended, it shall be their duty to institute suits to recover the same in the name of the state in behalf of the public schools of the county in which such lands lie. (R. S. 1899.) SEC. 9816. Duty as to state school fund of counties. It shall also be the duty of the said board of education to ascertain from all the counties of the state what disposition has been made of the state school fund drawn by the counties from the state yearly, how much thereof has been transferred to the school townships ; and when any such fund, or any part thereof, has been diverted from its lawful use, it shall be their duty, in like manner as in the last section provided, to institute suit for and collect the same and return it to its legitimate channel. (R. S. 1899.) SEC. 9817. Power to employ attorneys fees for services of same. The state board of education shall have power to employ a competent attorney in each congressional district to prosecute the suits mentioned in the preceding section, and who, for such services, shall be allowed the following per cent, as fees: For all claims prosecuted to final judgment in favor of the state or county as plaintiff, on all sums under five hundred dollars, ten per cent. ; between five hundred and one thousand dollars, seven per cent. ; between one thousand and two thou- 56 sand dollars, five per cent. ; between two thousand and four thousand dol- lars, three per cent. ; between four thousand and eight thousand dollars, two per cent. ; and for all sums over eight thousand dollars, one per cent. such fees to be paid said attorney out of the sums collected : and where lands are recovered by suits instituted by such attorneys, they shall be al- lowed such sums for their services as may be deemed reasonable by the county court of the county in which the lands recovered are situated, to be paid out of the county treasury ; but if said county court shall neglect or refuse to allow reasonable compensation for the services of said attor- neys in prosecuting suits for the recovery of lands as above set forth, then such attorneys may bring suit in the circuit court of the proper county, against the county the court of which so refuses or neglects to allow com- pensation, and the amount thus recovered shall stand as a judgment against the county in which said lands are located upon which suit was brought. And it shall be the further duty of said attorneys to examine the records and papers relating to school lands and funds in the counties of the dis- trict for which they are appointed, and report the condition of the same to the state board of education, and they shall receive, as compensation therefor, the sum of six dollars per day for the time actually employed in such examination, said amount to be audited by the state board of educa- tion, and paid out of any moneys in the state treasury not otherwise appro- priated : Provided, that no more than five days shall be employed in such examination in any one county, except upon an order of the state board of education. (R. S. 1899.) SEC. 9818. Board to make report of proceedings to general assem- bly. Said board of education shall report to each session of the leg- islature their proceedings under this chapter, stating therein what suits have been instituted, the amount of money collected, if any, and the land recovered, if any, naming the counties in which such suits were instituted and lands recovered, with such other information as may be deemed im- portant. (R. S. 1899.) SEC. 9819. Public school fund from what source derived, and how invested. There is hereby created a public school fund, the annual income of which shall be applied as hereinafter directed. The pro- ceeds of all lands that have been or may be hereafter granted by the United States to this state, and not otherwise appropriated by this state or United States; also, all moneys, stocks, bonds, lands or other property now be- longing to any fund for the purposes of education, except wherein the vested rights of townships, counties, cities or towns would be infringed; also, the net proceeds of the state tobacco warehouse, and of all sales of lands and other property and effects that may accrue to the state by es- cheat, or for unclaimed dividends or distributive shares of the estate of 57 deceased persons, or from fines, penalties or forfeitures ; also, any proceeds from the sales of public lands which may have been or hereafter may be paid over to this state, if congress will consent to such appropriation ; also, all other grants, gifts or devises that have been or hereafter may be made to this state, and not otherwise appropriated, by the terms of the grant, gift or devise; which shall be invested under the direction of the state board of education, either in bonds of the United States, bonds of the state of Missouri or state certificates of indebtedness, the income of which, together with not less than twenty-five per cent, of the state rev- enue, shall be applied annually to the support of the public schools pro- vided for in this chapter, to be apportioned as hereinafter provided. (R. S. 1899.) SEC. 9820. Account kept by whom. The regular account of the public school fund shall be kept by the state auditor, who shall quarterly certify to the treasurer a copy of such accounts not before reported by him ; and in all accounts kept he shall state the amount of revenue belong- ing to that portion of the fund set apart for the university provided for in the constitution, separate and apart from that belonging to the public schools. (R. S. 1899.) SEC. 9821. Duties of state auditor. It shall be the duty of the state auditor, and he shall have power: First, to keep and state all ac- counts with the treasurer and all other persons in relation to the public school funds, and, upon order of the state board of education, to direct the collection of all moneys due on account thereof; second, to draw warrants on the treasurer for the payment of all moneys directed by law to be paid out of such public school fund, or the income thereof ; third, to require all persons who shall have received any money belonging to said fund or income, and shall not have accounted therefor, to settle their ac- counts ; fourth, to sue for and recover, by direction of the state board of education, all moneys due by any person on account of such fund or in- come ; fifth, to require the treasurer, from time to time, to report to him such accounts, statements and information relating to the funds and prop- erty dedicated to the use of public schools as it may be in their power to report ; sixth, to exhibit to the legislature, at each session thereof, a com- plete account and report of the state of the public school funds and prop- erty, and receipts and expenditures thereof. (R. S. 1899.) SEC. 9822. Investment of money belonging to capital of fund. Whenever there shall be in the treasury or elsewhere, subject to the order of the treasurer, any money belonging to the capital of the public school funds, the state auditor shall make reports thereof to the state board of education, who shall direct the investment of the same in bonds of the United States, bonds of the state of Missouri, or state certificates of in- debtedness. That portion of the income and revenue to be distributed for the support of the public schools shall be payable on the warrant of the auditor in favor of the treasurers of the several counties, in each year, immediately after the apportionment of such moneys shall have been made and filed : Provided, that such portion of said income and revenue as falls to the share of the city of St. Louis shall be made payable to the secretary and treasurer of the school board of the city of St. Louis. (R. S. 1899.) SEC. 9823. Duties of state treasurer. It shall be the duty of the state treasurer: First, to receive and safely keep all bonds, stocks or money which shall, from time to time, be paid into the state treasury on account of the public school fund or the income thereof; second, to pay all warrants lawfully drawn by the auditor on such fund or income; third, to exhibit to the board of education, quarter-yearly, such account and reports as they may require, relating to the public funds or lands and in- come thereof, and in the power of the treasurer to exhibit ; fourth, to ex- hibit to the legislature, at each regular session, exact accounts of all re- ceipts and expenditures on account of the school fund or its income, and a report of all such information as may be in his power relating to such funds or lands. (R. S. 1899.) SEC. 9824. County school funds. It is hereby made the duty of the several county courts of this state to diligently collect, preserve and securely invest, at the highest rate of interest that can be obtained, not ex- ceeding eight nor less than four per cent, per annum, on unincumbered real estate security, worth at all times at least double the sum loaned, with personal security in addition thereto, the proceeds of all moneys, stocks, bonds and other property belonging to the county school fund; also, the net proceeds from the sale of estrays ; also, the clear proceeds of all penalties and forfeitures, and of all fines collected in the several coun- ties for any breach of the penal or military laws of this state, and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and be securely invested and sacredly preserved in the several counties as a county public school fund, the in- come of which fund shall be collected annually, and faithfully appro- priated for establishing and maintaining free public schools in the sev- eral counties of this state. (Session Acts 1901.) Failure of county court to take mortgage in fee on unincumbered real estate does not release surety on note. 15 Mo. 604; 108 Mo. 492. Powers of county court, sureties on school fund, bonds, etc., discussed. 103 Mo. 492. The judges of the county court will be held accountable for any diversion of the school funds. 110 Mo. 67. SEC. 9825. School fund not to be loaned to certain persons penalty. The county court shall not loan any money belonging to 59 the school fund to any officer of the county or his deputy, nor shall such officer or his deputy be accepted as surety on the obligation given by the person borrowing. Any officer of the county who shall violate the pro- visions of this section by authorizing any such loan or drawing any war- rant for moneys loaned in violation of this section shall be held responsi- ble for the sum so loaned with interest thereon, to be recovered in the name of the county to the use of the district whose fund has been so used. (R. S. 1899.) SEC. 9826. County court to have jurisdiction of county school fund. Whenever any county in this state may have, separate and apart from the township funds, any public school fund arising from any source whatever, the same shall be under the jurisdiction of the county court of said county, who shall be governed in its care and investment by the same rules and regulations as govern its action in the township funds the proceeds of said funds to be collected annually and distrib- uted as provided in section 9840. (R. S. 1899.) SEC. 9827. Collection of fines and penalties and other school moneys. The county treasurer shall collect, or cause to be collected, all school moneys mentioned in section 9824, and all other moneys for school purposes in his county, and shall give the party paying duplicate receipts therefor, and said party shall file one of said receipts with the county clerk, who shall file the same and charge the same to the county treasurer; said clerk shall thereupon credit the bond and mortgage with the amount of said receipt, and when the amount of said receipts is in full of all interest and principal of said bond and mortgage, then the clerk shall satisfy said mortgage of record. Any person violating the provis- ions of this section shall be deemed guilty of a misdemeanor and pun- ished by a fine not to exceed five hundred dollars. (R. S. 1899.) County clerk has no authority conferred upon him by law to collect money due upon bond given for loan of school moneys. 105 Mo. 182. SEC. 9828. Township school fund, from what source derived. The proceeds of the sixteenth section, or other lands selected in lieu there- of, the interest of such proceeds, the rents and profits of such lands, and all the public school moneys which shall be apportioned to any unorganized township, arising from dividends, proceeds and profits of the public school fund, shall constitute a township school fund. (R. S. 1899.) In action by state to recover land, production of survey not necessary where an- swer sufficiently admits land claimed has been sufficiently designated. 19 Mo. 607. When state and inhabitants estopped from afterwards claiming land. 18 Mo. 313. Title of State of Missouri to sixteenth section granted by act of congress, March 6, 1820, for school purposes, is not impaired or destroyed by previous location of a New Madrid certificate upon these sections. 13 Mo. 139. SEC. 9829. Custodians of funds. The county courts, respectively, shall have the care and management of the school funds of the several 6o townships within their respective jurisdictions, and shall cause accounts thereof to be stated and kept so as to exhibit the funds of each township separately, and the disposition thereof.. (R. S. 1899.) County court in management of school fund is agent of state, and not county. 5 A. 13. Sale of land, mortgaged for school funds, loaned, made by sheriff, without proper order from county court, is a nullity. 53 Mo. 147. SEC. 9830. Transfer of funds when county lines are changed. Whenever, by the establishment of a new county or change of county lines, any township shall fall within the jurisdiction of a different county, the court having charge of the public school fund of -said township shall cause an account thereof to be started, and the funds, together with all mortgages, bonds and other securities belonging to the said fund, shall be transferred to the court of the county thus acquiring jurisdiction over such township. The county courts, respectively, shall number the various congressional townships under their jurisdiction, and cause a record of the same to be kept, and for school purposes they shall be known and desig- nated as "township No. - , of - - county," and upon the transfer of townships to other counties, the numbers shall be amended to corres- pond to the change. (R. S. 1899.) SEC. 9831. How invested. Whenever there shall be in the county treasury any money belonging to the capital of the school fund of any township therein, the county court of such county shall loan the same for the highest interest that can be obtained, not exceeding eight nor less than four per cent, per annum, upon conditions and subject to the re- strictions hereinafter set forth. (Session Acts 1901.) A county court having loaned school funds has no right, upon application of the inhabitants of the township, to reduce the rate of interest. The county courts are trustees for these funds, and cannot dispose of principal or interest otherwise than the law prescribes. And if by order they reduce the rate of interest on the loan, they may be compelled by mandamus to collect the full amount originally contracted for. 15 Mo. 412; 103 Mo. 492. SEC. 9832. Security in cases of loan. When any moneys belong- ing to said funds shall be loaned by the county courts, they shall cause the same to be secured by a mortgage in fee on real estate, free from all liens and incumbrances, within the county, of the value of double the amount of the loan, with a bond and personal security in addition there- to ; and no loan shall be made to any person other than an inhabitant of the same county, nor shall any person be accepted as security who is not at the time a resident householder therein, -who does not own and is not assessed on property in an amount equal to that loaned, in addition to all the debts for which he is liable and property exempt from execution. In all cases of loan the bond shall be to the county for the use of the town- ship to which the funds belong, and shall specify the time when the prin- cipal is payable, rate of interest and the time when payable; that in de- 6i fault of payment of the interest, annually, or failure by principal in the bond to give additional security when thereto lawfully required, both the principal and interest shall become due and payable forthwith, and that all interest not punctually paid shall bear interest at the same rate of inter- est as the principal. But before any loan shall be effected, the borrower shall file with the county court an abstract of title at the time he files his bond and mortgage to the real estate which is to be mortgaged. (R. S. 1899.) County court has power to release mortgage taken as security for school funds upon receiving in its place mortgage upon other lands. 69 Mo. 581; 74 Mo. 266; 103 Mo. 492; 108 Mo. 294. Mortgage given to county to secure loan of school money is not void because it is a school mortgage. This statute is directory. 74 Mo. 266. SEC. 9933. Form of mortgage notice of sale fees, how paid. Every mortgage taken under the provisions of this chapter shall be in the ordinary form of conveyance in fee, shall recite the bond, and shall contain a condition that if default shall be made in payment of principal or interest, or any part thereof, at the time when they shall severally be- come 'due and payable, according to the tenor and effect of the bond re- cited, the sheriff of the county may, upon giving twenty days' notice of the time and place of sale, by publication in some newspaper published in the county, if there be one published, and if not, by at least six written or printed hand-bills, put up in different public places in the county, with- out suit on the mortgage, proceed and sell the mortgaged premises, or any part thereof, to satisfy the principal and interest, and make an absolute conveyance thereof, in fee, to the purchaser, which shall be as effectual to all intents and purposes as if such sale and conveyance were made by virtue of a judgment of a court of competent jurisdiction foreclosing the mortgage. In all cases of loan of school funds in the various counties, the expense of drawing and preparing securities therefor, and of acknowl- edging and recording mortgages, including the fees of all officers for the filing, certifying or recording such mortgages and other securities, shall be paid by the borrowers respectively. (R. S. 1899.) Sale under foreclosure of school fund mortgage held a sale for cash, as required by its terms. 131 Mo. 568; 115 Mo. 524. Where mortgage is taken for loan of school fund, statute must be in all respects complied with. 62 Mo. 491. SEC. 9834. Additional securities. The county court shall have power, from time to time, to require additional security to be given on said bond, when they, in their judgment, deem it necessary for the better preservation of the fund. If such additional security be not given within ten days after an order to that effect shall be made and served on the principal in the bond, and in all cases of default in the payment of in- terest, the court shall proceed to enforce payment of both principal and interest by writ, or in a summary manner, as' provided in this chapter. (R. S. 1899.) County court may require additional security. 103 Mo. 492. 62 SEC. 9835. County court may make order of sale, when. When- ever the principal and interest, or any part thereof, secured by mortgage containing a power to sell, shall become due and payable, the county court may make an order to the sheriff, reciting the debt and interest to be re- ceived, and commanding him to levy the same with costs, upon the prop- erty conveyed by said mortgage, which shall be described as in the mort- gage; and a copy of such order, duly certified, being delivered to the sheriff, shall have the effect of a fieri facias on a judgment of foreclosure by the circuit court, and shall be proceeded with accordingly. (R. S. 1899.) Where order of county court, foreclosing mortgage given to county to secure school debt, did not truly recite debt so as to sufficiently identify mortgage, held that sale thereunder did not transfer title. 55 Mo. 472; 53 Mo. 147. Money expended by county court in suits to stay waste and protect security of school mortgages, held payable out of fund protected. 58 Mo. 276; 64 Mo. 179. Statute relating to securities does not apply to bonds given county for school money. 50 Mo. 225. When sale under this section will be set aside on account of conduct of sheriff and agent of county. 80 Mo. 424; 91 Mo. 585; 115 Mo. 524. SEC. 9836. Principal and interest of loan paid, when. When any portion of principal or interest, or both, may be collected, as provided in any of the foregoing sections, it shall be paid into the county treasury ; and it shall be the duty of the treasurer to give the person making pay- ment thereof duplicate receipts, specifying the sums paid and on what account. One of said receipts shall be given to the clerk of the county court, who shall file and preserve the same in his office, charge the treas- urer with the amount, and credit the payment to the party on whose ac- count it is made, on his bond and mortgage. (R. S. 1899.) Endorsement by county clerk of payments of interest upon bond given for loan of school moneys is competent evidence of such payments. 35 Mo. 395. County clerk has no authority to collect money due upon bond given for loan of school moneys, nor to enter satisfaction of mortgage. 105 Mo. 182. SEC. 9837. Authority to repossess property by purchase. When- ever any property heretofore or hereafter conveyed in trust or mortgaged to secure the payment of a loan of school funds, shall be ordered to be sold under the provisions of this chapter, or by virtue of any power in such conveyance in trust or mortgage contained, the county court having the care and management of the school fund or funds out of which such loan was made may, in its discretion, for the protection of the interest of the schools, become, through its agent thereto duly authorized, a bidder on behalf of its county, at the sale of such property as aforesaid, and may purchase, take, hold and manage for said county, to the use of the town- ship out of the school fund of which such loan was made, or in its own name where such loan has been made out of the general school funds, the property it may acquire at such sale aforesaid. The county court of any county holding property acquired as aforesaid may appoint an agent to 63 take charge of, rent out or lease or otherwise manage the same, under the direction of said court; but as soon as practicable, and in the judg- ment of said court advantageous to the school or schools interested there- in, such property shall be resold in such manner and on such terms, at public or private sale, as said court may deem best for the interest of said school or schools ; and the money realized on such sale, after the payment of the necessary expenses thereof, shall become part of the school fund out of which the original loan was made. (R. S. 1899.) Sale of land under this section, how set aside. 91 Mo. 585. Recital in deed from county, that county had appointed commissioner to convey land, and that grantee therein had become the purchaser and paid price in full with interest, does not tend to show private sale. 101 Mo. 309. Where defendants allege that the county court had an agent present at the sale, who bid on the property, they will not be heard on appeal to deny the presence of such agent, because of the failure of the county court to appoint by entry of record. 91 Mo. 585. SEC. 9838. Loan of surplus district school money. Whenever it shall be found that any school district has any surplus funds in the county treasury, the directors of such school district may make application, in writing, to the county court, setting forth that school funds are accumulat- ing beyond the wants or necessities of such district. Upon such applica- tion, it shall be the duty of the county court to cause such funds to be loaned for the use and benefit of such school district. (R. S. 1899.) SEC. 9839. How loaned. Such school funds shall be loaned at the same rate of interest and in the same manner as township school funds are loaned : Provided, that no school tax shall be levied in such district, other than for incidental and contingent expenses, during the time for which such surplus fund is sought to be loaned; and provided further, that a free public school shall be maintained in such school district for at least six months in each year. (R. S. 1899.) The sureties on the general bond of a county treasurer are not liable for his failure to account for, and pay over to his successor in office, county and township school funds. For the special duties imposed upon him by the school law he is an- swerable on a separate bond. 55 Mo. 80. A treasurer of a school township is liable on his official bond for school funds deposited in bank, and lost through the failure and insolvency of the bank, although he was not guilty of any want of care or prudence in failing to ascertain its financial condition. 67 Mo. 395. Where the county treasurer receives a check from the state treasurer in payment of the apportionment of the amount due the county from the public school moneys, and fails to use diligence in collecting the check, the loss, if any occur thereby, falls on the county treasurer. C7 Mo. 139; 56 Mo. 65. An action on the bond of a defaulting county treasurer to recover school moneys is properly brought by the county in the name of the State to the use of the county. The statute does not require it to be brought to the use of the county clerk. 68 Mo. 454. SEC. 9840. Apportionment of public school fund basis and time of. The state superintendent of public schools shall, annually, in the month of July, apportion the public school fund applied for the benefit of the public schools among the different counties, upon the enumeration 64 and returns made to his office, and shall certify the amount so apportioned to the st-ate auditor, also to the county clerk of each county, stating- from what source the same is derived, which said sum the several county treasurers shall retain in their respective county treasuries from the state fund; and the county clerks shall, annually, during the month of August, according to the enumeration and returns in their offices, proceed to ap- portion the schoorfunds Tor their^respective counties; and no district, city or town, which shall have failed to make and return such enumera- tion shall be entitled to receive any portion of the public school funds: and in making such distribution, each county clerk shall apportion all moneys collected on the tax duplicate of any district for the use of schools to such district, all moneys received from the state treasurer, and all moneys on account of interest of the funds accruing from the sale of sec- tion sixteen, or other lands in lieu thereof, to the district schools in the congressional townships and parts of congressional townships to which such land belonged, and all other moneys for the use of schools in the county, and not otherwise appropriated by' law, to the proper district; and he shall, immediately after making such apportionment, enter the same in a book to be kept for that purpose, and shall furnish the district clerks, and those of cities or villages, as the case may be, each with a copy of said apportionment, and order the county treasurer to place such amount to the credit of the district, city or town entitled to receive the same : Provided further, that no district, city or town that shall have failed to afford the children thereof the privileges of a free school for at least six months during the year ending the 3Oth day of June previous to said distribution, provided a tax of forty cents on the one hundred dol- lars assessed valuation, together with the public funds, will maintain the same, shall be entitled to any portion of the public school fund for thai year. (R. S. 1899.) Apportionment of public s-phool funds. See 90 Mo. 395; 64 Mo. 26. SEC. 9841. Superintendent may correct error in apportionment distribution of funds. The state superintendent of public schools is hereby authorized to correct any error made in the apportionment of the public school funds among the various counties of this state out of the public school fund of a subsequent year, and the amount set apart* to any county for the purpose of correcting an error shall be by him certified to the state auditor and to the county clerk, and the state auditor shall draw a warrant on the state treasurer for the amount so certified in favor of the treasurer of said county, and the county clerk shall apportion said funds to the various districts in said county as the funds of the year in which said error occurred, and the county treasurer may pay outstanding- warrants for teachers' wages issued during the school year in which said 65 error occurred, not to exceed the correction made: Provided, that the state superintendent of public schools shall not correct any errors made prior to the apportionment of the public school funds in July, 1890. (R. S. 1899.) SEC. 9842. Apportionment of county school money. The county court of each county shall, at its August term in every year, apportion the county public school moneys among the several districts in the county, according to the enumeration of the pupils resident therein. (R. S. 1899.) SEC. 9843. Distribution of funds when township lies in two coun- ties. Whenever any congressional township shall lie in two or more counties, the township school fund of such township shall be divided among the aforesaid counties in proportion to the amount of territory in the fractional township included in each county, as follows : The county court of the county in which section sixteen is located shall, upon a requi- sition of the county clerk of any county containing a fractional part of such township, issue an order transferring the amount due such county under this section into the care, keeping and custody of the county court thereof ; and said fund shall be loaned, and the income derived therefrom shall be apportioned annually to such fractional township as though it were an entire township; and the township funds of all entire townships and all fractional townships included within the limits of any county in this state shall be handled and controlled by the proper officers of such county, as set forth in this chapter. The provisions of this section shall not apply to any congressional township intersected by the Missouri river. (R. S. 1899.) SEC. 9844. Duties of county clerk assessment of estimates. On receipt of the estimates of the various districts, the county clerk shall proceed to assess the amount so returned on all taxable property, real and personal, in said district, as shown by the last annual assess- ment for state and county purposes, including all statements of merchants in each district of the amount of goods, wares and merchandise owned by them and taxable for state and county purposes : Provided, that the levy thus extended shall not exceed in any one year as follows: For building purposes, one per centum in districts formed of cities, towns and villages, and not more than sixty-five cents on the one hundred dollars in other districts ; for school purposes, one per centum in districts formed of cities, towns and villages, and not more than sixty-five cents on the one hundred dollars in other districts ; for sinking fund, forty cents on the one hundred dollars valuation, and a sufficient amount to pay interest on bonded indebtedness; all of which shall be extended by the county clerk 66 upon the general tax-books of the county for said year in separate col- umns arranged for that purpose; and the county clerk shall list the names of all persons owning any personal property who do not reside in any school district, and the value thereof ; also list all lands and town lots in any territory not organized into a school district, and shall levy a tax of forty cents on the one hundred dollars valuation on all such tax- able property, said taxes to be collected as other taxes and distributed as provided in section 9840 ; and it shall be the duty of the county assessor in listing property to take the number of the school district in which said tax-payer resides at the time of taking his list, to be by him marked on sard list and also on the personal assessment book, in columns provided for that purpose. (R. S. 1899.) County clerk has no authority to assess property for school or other taxes. 34 A. 337. Nor to extend upon tax-books without order of county court, when. 135 Mo. 618. County courts have no power to alter the assessment of taxes to build school- houses merely on the alleged ground that the school-house was unnecessary; the de- cision of that question is left to the local directors, and that tribunal has no control over the county clerk in respect to the assessment and extension of school taxes. 52 Mo. 218; 67 Mo. 706. A school estimate stating rate of levy but omitting amounts of the several funds is not illegal on that account. 126 Mo. 472. The court will not compel a county clerk by mandamus to extend school taxes on property not lawfully subject thereto. 120 Mo. 67. SEC. 9845. Compensation of county clerk for labor on tax-book. The county clerk shall receive as full compensation therefor ten cents for every hundred figures in school tax column on general tax-book ; to be paid by the county treasurer, upon warrant issued by the county court. (R. S. 1899.) SEC. 9846. Report of county clerk to state superintendent. The clerk of each and every county court shall, on or before the thirty-first day of July, annually, make out and transmit to the state superintendent of public schools, at Jefferson City, an abstract of all the returns of school districts, cities or towns in his county made to him according to the form that may be prescribed by the state superintendent ; also the amount of income of the school funds of said county, and amount realized from taxes collected therein. (R. S. 1899.) The State Superintendent is required to apportion the State school moneys in July, therefore, the enumeration should be forwarded not later than July 15th. SEC. 9847. Collector's receipts and compensation. It shall be the duty of the county clerk to take a receipt from the county collector for the school taxes by him placed on the general tax-books; and the collector shall proceed to collect the same, in like manner as the state and county taxes are or may be collected, and he shall receive, as full compensation for his services, on the amount collected and paid over by him the same per cent, as is allowed by law to collectors for collect- 6 7 ing other taxes ; and he shall pay over monthly, to the county treasurer, all such taxes collected and take his receipt therefor. (R. S. 1899.) SEC. 9848. Collections of delinquent taxes. The collector shall at the same time of returning the land delinquent list for state and county taxes, return therewith all land school taxes herein provided for, which shall remain unpaid, and when so returned the same shall be a .lien on such real estate, and be collected in the same manner that other delinquent taxes on land are collected; and when so collected shall be paid over to the county treasurer as other school taxes. (R. S. 1899.) SEC. 9849. Treasurers and their duties. The county treasurer in each county shall be the treasurer of all moneys for school purposes belonging to the different districts, until paid out on warrants duly issued by order of the board as authorized by this chapter, except in counties having adopted the township organization law, in which counties the township trustee shall be the treasurer of all school moneys belonging to the township, and be subject to corresponding duties as the county treasurer; and said treasurers shall pay all orders heretofore legally drawn on township clerks, and not paid by such township clerks, out of the proper funds belonging to the various districts ; and on his elec- tion, before entering upon the duties of his office, he shall give a sepa- rate bond, with sufficient security, in double the probable amount of school moneys that shall come into his hands, payable to the state of Missouri, to be approved by the county court, conditioned for the faith- ful disbursement, according to law, of all such moneys as shall from time to time come into his hands; and on the forfeiture of such bond, it shall be the duty of the county clerk to collect the same for the use of the schools in the various districts. If such county clerk shall neglect or refuse to prosecute, then any freeholder may cause prosecution to be instituted. It shall be the duty of the county court in no case to permit the county treasurer to have in his possession, at any one time, an amount of school moneys over one-half the amount of the security available in the bond ; and the county treasurer shall be allowed such compensation for his services as the county court may deem advisable, not to exceed one-half of one per cent, of all school moneys disbursed by him, and to be paid out of the county treasury. (R. S. 1899.) County treasurer's bond as custodian ef school moneys. 72 Mo. 486, 3S7; 7 A. 339. SEC. 9850. Settlement of treasurers. The county or township treasurer shall, annually, between the first and fifteenth of July, settle with the county clerk, and account to him for all school moneys or funds received, from whom and on what account, and the amount paid out for school purposes to the various districts of the county. The county clerk shall examine the vouchers for such payment, and, if 68 satisfied with the correctness thereof, shall certify the same, which cer- tificate shall be prima facie a discharge of such liability of the treasurer for the funds expressed in the vouchers; and at the expiration of his term of service, said treasurer shall deliver over to his successor in office all books and papers, with all moneys or other property in his hands, and also all orders he may have redeemed since his last annual settlement with the county clerk, and take the receipt of his successor therefor, which he shall deposit with the county clerk within ten days thereafter. (R. S. 1899.) SEC. 9851. Penalty for failure to make settlement. In case the county or township treasurer shall fail to make such annual settlement with the county clerk, within the time prescribed in the preceding sec- tion, he shall, in addition to the sums remaining unaccounted for, be liable to pay a fine of five hundred dollars, to be recovered in a civil action, in the name of the* state of Missouri, and when collected to be applied to the use of public schools in such county; and it is hereby made the duty of the county clerk to proceed forthwith, in case of such failure, by suit against such treasurer before any proper tribunal to recover the penalty aforesaid; but when it appears on trial, to the satis- faction of said court, that said treasurer was prevented from making such settlement within the time by sickness or unavoidable absence from home, it shall be the duty of the court to discharge such treasurer on his paying the costs. (R. S. 1899.) SEC. 9852. Title of property. The title of all school-house sites and other school property shall be vested in the board of directors, for the use of the district in which the same may be located ; and all property leased or rented for school purposes shall be wholly under the control of the school board during such time; but no board shall lease or rent any building for school purposes while the district school house is unoccupied, and no school house or school site shall be aban- doned or sold until another site and house are provided for such school district. (R. S. 1899.) SEC. 9853. Blanks for reports. The blanks for the reports re- quired to be made by the various school officers under the provisions of this chapter shall be printed under the direction of the commissioners of public printing, in the form prescribed by the state superintendent of public schools, to be paid for in like manner and upon the same terms as other public printing. (R. S. 1899.) SEC. 9854. State superintendent election and term of office. There shall be elected by the qualified voters of this state, at the next general election for state and county officers, and every four years there- after, a state superintendent of public schools, who shall enter upon the discharge of his duties on the fecond Monday of January next fol- 69 lowing his election, and hold his office for the term of four years and until his successor is elected and qualified. The election of said super- intendent and the returns thereof shall be the same in all respects as provided for the election of other state officers; and in case of vacancy occurring in said office, by death, resignation or otherwise, the governor shall fill the same by appointment, who shall hold his office until the next general election. (R. S. 1899.) SEC. 9855. Bond and qualification. Before entering upon the discharge of his official duties, the said superintendent shall give bond in the penal sum of ten thousand dollars to the state of Missouri with two or more sureties, to the acceptance of the secretary of state, condi- tioned that he will truly account for and apply all moneys or other prop- erty which may come into his hands, in his official capacity, for the use and benefit of public schools, and that he will faithfully perform the duties enjoined upon him by law; and he shall take and subscribe the oath or affirmation required by the constitution of the state, and dili- gently and faithfully discharge the duties of his office as prescribed by 'law ; which bond, with certificate indorsed thereon, shall be filed with the secretary of state. (R. S. 1899.) SEC. 9856. Powers and duties. He shall reside, and the books and papers of his department shall be kept, at the seat of government, where a suitable office shall be provided by the state, at which he shall give his attendance when not absent on public business. He shall ex- ercise such supervision over the educational funds of the state as may be necessary to secure their safety and correct application and distribu- tion according to law. He shall also have power to require of county clerks or treasurers, boards of education or other school officers, re- corders and treasurers of cities, towns and villages, copies of all records by them required to be made, and all such other information in relation to the funds and condition of schools and the management thereof, as may be deemed important; and he shall cause as many copies of the law relating to schools, with instructions for carrying into execution of such laws, to be printed in a separate volume and distributed to each county in the state for the use of school officers therein, and all the blanks that may be necessary for the supply of all officers provided for by this chapter, as often as any change in said laws may be made of sufficient importance in the opinion of the superintendent to require re- publication and distribution thereof, and all moneys necessarily expended in performance of the duties required in this section shall be allowed by the auditor and paid out of the state treasury. He shall also have authority to examine teachers and grant certificates of qualifications to those who pass a satisfactory examination, but the applicant shall not 70 be charged any fee for such examination or certificate, nor shall the state superintendent receive any fee or compensation therefor ; and any person holding such certificate from him shall be permitted to teach without further examination from other authorized examiners. Said certificate may be revoked by the state superintendent for incompetency, cruelty, immorality, drunkenness or neglect of duty. (R. S. 1899.) SEC. 9857. Shall employ chief clerk salary. The state superin- tendent shall be entitled to employ a chief clerk, who shall sustain the same relations to the state superintendent as are sustained by the chief clerks of other state officers. The chief clerk shall perform such clerical and other work as may be directed by the state superintendent, and shall hold his office at the pleasure of the state superintendent, and shall receive a salary not to exceed two thousand dollars per annum. (Ses- sion Acts 1901.) SEC. 9858. Annual report of superintendent. It shall be the duty of said superintendent of public schools to make an annual report on or before the first Wednesday in January in each and every year, to the general assembly when that body shall be in session any such year, and when not in session any one year, then the report shall be made to the governor, who shall cause the same to be published, and shall also communicate a copy thereof to the next general assembly. The state superintendent in the annual report of his labors and observations shall present a statement of the condition and amount of all funds and prop- erty appropriated to purposes of education ; a statement of the number of public schools in the state, the number of pupils attending such schools, their sex, and the branches taught; a statement of the number of teachers employed, their sex, the average amount of wages paid to such teachers, the number of teachers' institutes formed and the condition of the same, the number of teachers engaged in teaching within the state who have been trained for not less than six months in either of the state normal schools; a statement of the estimates and accounts of the expenditures of public school funds of every description" a state- ment of plans for the management and improvement of public schools, and such other information relative to the educational interests of the state as he may deem important; but no such report shall exceed two hundred pages of printed matter of ordinary book form. He shall spend annually at least five days in each congressional district of the state, conferring with the board of education and other school officers, coun- seling teachers, visiting schools, delivering lectures, and, in short, do what may be in his power to elevate the standard of instruction in the public schools. All money reasonably expended by him in the execu- tion of his duties, as prescribed by this section, shall upon due proof be allowed him by the auditor, and paid out of the state treasury: Provided, that no personal expenses be included in the above allowance: and provided further, that the amount to be drawn under the provisions of this section shall not exceed the sum of five hundred dollars for any one year. (R. S. 1899.) SEC. 9859. Restrictions and penalties. The state superintendent shall not act as agent for any author, publisher or book-seller, or manu- facturer or vender of school furniture or apparatus, nor directly or indi- rectly receive any gift, emolument, reward, or promise of reward, for his influence in recommending or procuring the use of any text-book, school apparatus or furniture of any kind whatever, in any public school. Any superintendent who shall violate the provisions of this section shall be guilty of a felony, and shall, upon conviction thereof, be punished by imprisonment in the penitentiary for a period not less than two years; and the provisions of this section shall apply to county commissioners. (R. S. 1899.) ARTICLE II. CITIES, TOWNS AND VILLAGES. SECTION 9860. Organization of city, town and vil- lage school districts corporate powers. 9861. To organize and elect six directors. 9862. Government of district tenure of directors vacancies, how filled. 9863. Election of directors. 9864. Officers of board and their duties. 9865. Graded and primary schools to be - established, and sites located. 9865a. Village school district how disor- ganized. 9866. Duties, restrictions and liability of the board. 9867. School term. 9868. Bond of treasurer. 9S69. Liability of treasurer for sinking fund and interest compensation. 9870. District moneys to be paid to treas- urer. SECTION 9871. Settlement of treasurer. 9872. Duties of county clerk how paid. 9873. Duties of collectors. 9874. Regulations governing elections at annual meetings. 9875. Change of boundary lines. 9876. Annexation to school districts when corporate limits are ex- tended. 9877. Employment of members of school board, and publication of finan- cial report . 9878. Boards in certain cities to pur- chase site, etc., when. 9879. Board may accept gifts, etc., for libraries. 9879a. Depositories of school moneys. New Section. Classification of high schools. New Section. Inspection of high schools. SEC. 9860. Organization of city, town and village school districts corporate powers. Any city, town, or village, the plat of which has been previously filed in the recorder's office of the county in which the same is situated together with the territory which is or may be at- tached thereto or any school district having two hundred or more children of school age by the last enumeration, may be organized into a single school district, and, when so organized, shall be a body corporate, and known as the school district of - , and in that name may sue and be sued, and possess the same corporate powers and be governed the 72 same as other school districts, except as herein provided; and every ex- tension that has heretofore been made or that hereafter may be made of the limits of any city, town or village that is now or may be hereafter organized under the laws of this state shall have the effect to extend the limits of such city, town or village school district to the same extent, and such extension of the limits of any city, town or village school dis- trict shall take effect on the first day of July next following the extension of the limits of such city, town or village; and every city, town or village which has heretofore organized under any law of this state as a board of education shall hereafter be known and styled the school district of such city, town or village, and by such name may sue and be sued, and shall succeed to all the property, rights and privileges of such board of education, and shall be liable to all its debts and liabilities; and, in addition to the powers hereinbefore given to school districts, shall have power, under and pursuant to existing laws, to issue renewal funding bonds for such district, to be exchanged for outstanding bonds issued by such board of education, or to be sold for the purpose of meeting and paying any matured or maturing bonded indebt- edness of said board of education or school district. (Session Acts 1903.) Under this section rural school districts may be united into one district as pro- vided in section 9742 and when the new district has two hundred or more children of school age, it can organize under this article. This is another way of providing for rural high schools. This section is constitutional. 45 Mo. 458. Unincorporated towns not legally organized as school district. Subsequent legislation will not affect acquired rights of parties under the law. 46 Mo. 376. The whole sub-district need not be included. 50 Mo. 268. Territory outside of corporate limits may be taken in and attached for school purposes. 53 Mo. 127; 60 Mo. 540; 64 Mo. 53; 65 Mo. 587; 93 Mo. at 655; 99 Mo. 332. School district has power to change and extend its limits, although town is not incorporated. 56 Mo. 231; 68 A. 397. Each organized school district is a body corporate and its. terri- torial form can be changed only in manner pointed out by statute. 120 Mo. 67. Special school district power to condemn land for school-house site. 125 Mo. 439. Suit against school district, process on whom served. 42 A. 154. Only an authorized common school district, having a village therein, the plat of which has been filed, can be organized into a village school district. 75 A. at 327. SEC. 9861. To organize and elect six directors. Whenever it 1 may be desired to organize a common school district into a city, town or village school district, with special privileges granted under this article the board of directors shall, upon the reception of a petition to that effect and signed by ten qualified voters who are resident tax-payers of the dis- trict, order an election held for that purpose, and shall give notice of such election by notices posted in five public places within the district for fifteen days prior to the day of such election said meeting to be held at 2 o'clock p. m., at the public school house in said district, if there be one, but if there be no public school house, then at such place within the 73 district as may be designated in the notices ; and when said meeting is assembled, it shall elect a chairman and secretary, who shall keep a cor- rect record of the proceedings of said meeting and turn the same over to the board, properly signed and attested by the chairman, and the board shall have a copy of the same entered upon the district records; said election may be held at an annual or at a special meeting, and the order of business under this section shall be as follows: First To organize as a city, town or village school district; those voting for the organization shall have written or printed on their ballots "For organization," and those voting against the organization shall have written or printed on their ballots "Against organization ;" and each per- son desiring to vote shall advance to the front of the chairman and de- posit his ballot in a box to be used for that purpose. When all present shall have voted the chairman shall appoint two tellers, who. shall call each ballot aloud, and the secretary shall keep a tally and report to the chairman, who shall announce the result; and if a majority of the votes cast are "for organization/' the chairman shall call the next order of business. Second To elect six directors, as follows : two shall be elected for three years, two for two years and two for one year, and each director shall be elected separately, and the result announced in the manner pre- scribed for organization. If said election is held at a special meeting, from then until the next annual meeting shall be taken as one year, so far as relates to the terms of the directors elected. The directors chosen must comply with the requirements of section 9864. (R. S. 1899.) It is self-evident that sections 9860 and 9861 must be construed together. Section 9860 authorizes the organization of a city, town or village, the plat of which has been previously filed in the recorder's office of the county in which the same is situated, together with territory attached thereto, or any school district having two hundred or more children of school age, to organize into a single school district, possessing certain special powers; and section 9861 provides the manner of effecting such or- ganization. By "territory attached thereto" is unquestionably meant such territory as may belong to the school district, lying outside of the corporate limits of the city or town. Under a prior statute, the supreme court held that in the formation of a district under this act, territory belonging to adjacent districts could be attached without the con- sent of such districts. The present statute does not admit of the dismemberment of districts in. this manner. -If it is considered desirable to include in the organization territory belonging to adjoining districts, the boundary lines must either be changed in the manner provided in section 7942 before organizing, or in the manner provided in section 9875 after completing the organization. The best way to secure good graded rural schools and high schools within reach of the homes of rural boys and girls is to organize a town or village district under this article and so extend its boundary lines as to include all districts and territory within five or six miles of the village. The dis- trict could maintain elementary schools sufficient to put every child under fourteen within two miles of a good elementary school and one school of higher grade for all older and more advanced within five miles. The little independent school district with 74 less than twenty children is too expensive. Consolidate, harmonize, organize and economize. The law furnishes the opportunity. Territory embraced in a school sub-district outside of and adjoining an incor- porated town may be organized at the same time with that p*art within the corporate limits. 64 Mo. 53; 60 Mo. 540; 65 Mo. 587. A school district is a quasi corporation, and the powers of the corporators and directors are prescribed and limited by statute. 25 A. 85. The territorial form of a school district can be changed only in the manner pointed out by the statutes. 120 Mo. 67. SEC. 9862. Government of districts tenure of directors vacan- cies, how filled. The government and control of such city, town or village district shall be vested in a board of six directors, who shall hold their office for three years and until their successors are duly elected and qualified, and any vacancy occurring in said board shall be filled in the same manner and with like effect as vacancies occurring in boards of other school districts are required to be filled, and the person appointed shall hold office till the next annual meeting, when a director shall be elected for the unexpired term. (R. S. 1899.) SEC. 9863. Election of directors. The qualified voters of the district, shall, annually, on the first Tuesday of April, elect two directors, who are citizens of the United States, resident tax-payers and qualified voters of the district, and who shall have paid a state and county tax within one year next preceding their election or appointment, who shall hold their office for three years and until their successors are duly elected and qualified ; and all vacancies in the board shall be filled for the unexpired term. (R. S. 1899.) A woman is not eligible as school director, under this section. 137 Mo. 628, 636. SEC. 9864. Officers of board andHheir duties. Within four days after the annual meeting the board shall meet, the newly elected mem- bers be qualified, and the board organized by the election of a president and vice-president, and the board shall, on or before the fifteenth day of July of each year, elect a secretary and a treasurer, who shall enter upon their respective duties on the fifteenth day of July; said secretary and treasurer may be or may not be members of the board. No compensa- tion shall be granted to either the secretary or the treasurer until his report and settlement shall have been made and filed or published as the law directs. A majority of the board shall constitute a quorum for the transaction of business, but no contract shall be" let, teacher Employed, bill approved or warrant ordered, unless a majority of the whole board shall vote therefor. The president and secretary except as herein speci- fied, shall perform the same duties and be subject to the same liabilities as the presidents and clerks of the school boards of other districts. (R. S. 1899.) Proceedings of board of school directors must be shown by their record. 48 A. 408; 54 A. 202. 75 SEC. 9865. Graded and primary schools to be established and sites located. When the demands of the district require more than one public school building therein, the board shall, as soon as sufficient funds have been provided therefor, establish an adequate number of primary or ward schools, corresponding in grade to those of other public school districts, and for this purpose the board shall divide the district into school wards, and fix the boundaries thereof, and the board shall select and procure a site in each newly formed ward, and erect a suitable school building thereon and furnish the same; and the board may also establish a school of a higher grade, in which studies not enumerated in section 9798 may be pursued; and whenever there is within the district any school property that is no longer required for the use of the district, the board is hereby authorized to advertise, sell and convey the same, and the proceeds derived therefrom shall be placed to the credit of the build- ing fund of such district. (R. S. 1899). Directors have no power to change site "of school-house or erect new school- house on new site without the sanction of the voters of the district. 25 A. 85. The purpose of the public school laws is two fold, to wit: To establish primary grade schools sufficient to meet the demands of all children of the district of that class, and, second, after these primary demands have been met and satisfied, to es- tablish higher grade schools within the limits of the school fund provided and avail- able. 155 Mo. 571. SEC. 98653. Village school districts how disorganized. Any village school district heretofore organized under the laws of this state, or may be hereafter organized into village school districts in this state, shall be privileged to disorganize or abolish such organization of a village school district by the resident voters and tax-payers of such village school district first giving fifteen days' notice, which notice shall be signed by at least ten qualified resident voters and tax-payers of such village school district ; and there shall be five notices put up in five public places in said village school district. Such notices shall recite therein that there will be a public meeting of the resident voters and tax-payers of said village school district at the school house in said village school district, and at said meeting if two-thirds of the resident voters and tax-payers of such village school district shall vote to dissolve any such village school district then from and after that date of proceed- ings the said village'school district shall be dissolved, and the same terri- tory included in said village school district may be organized into a school district under article one of chapter 154. (Session Acts 1901.) SEC. 9866. Duties, restrictions and liabilities of board. The board shall, except as herein provided, perform the same duties and be subject to the same restrictions and liabilities as the boards of other school districts acting under the general school laws of the state: Pro- 7 6 vidcd, however, that in cities as hereinafter specified, the board of educa- tion shall have power to establish and maintain a library for the use of the public school district therein, and to appropriate such sums as they may deem proper for the support thereof, not to exceed in any one year two thousand five hundred dollars for cities of twenty thousand and under one hundred thousand inhabitants, and not to exceed five hundred dollars for cities of five thousand and under twenty thousand inhabitants, and not to exceed two hundred and fifty dollars for cities of one thousand and under five thousand inhabitants the population to be determined by the last United States or municipal census. (R. S. 1899.) SEC. 9867. School term. The board shall keep a common seal with which to attest its official acts. The board shall have power and they are required to continue the public schools in their respective dis- tricts for a period of not less than seven nor more than ten months, when the effect of such continuance will not increase the total estimate for school purposes to an amount exceeding forty cents on the hundred dollars assessed valuation of the taxable property of the district, unless duly ordered in compliance with the provisions of section 9777, fifteen days' notice having been given that such increase would be voted upon. (R. S. 1899.) SEC. 9868. Bond of treasurer. The treasurer, before entering upon the discharge of his duties as such, shall enter into a bond to the state of Missouri, with two or more sureties, to be approved by the board, conditioned that he will render a faithful and just account of all money that may come into his hands as such treasurer, and other- wise perform the duties of his office according to law said bond to be filed with the secretary of the board; and thereafter said treasurer shall be the custodian of all school moneys derived from taxation for school purposes in said district until paid out on the order of the board, and on breach of the conditions of said bond, the secretary of such board, or any freeholder, may cause suit to be brought thereon, which suit shall be prosecuted in the name of the state of Missouri, at the relation and to the use of the proper school district. (R. S. 1899.) Sureties on treasurer's bond remain liable so long as he continues to hold the office, though that be beyond the period for which he is elected. 72 Mo. 648; 48 A. 408. SEC. 9869. Liability of treasurer for sinking -fund and interest compensation. The treasurer of the board shall be the custodian of all moneys collected for liquidating any bonded indebtedness and inter- est on the same, and shall be responsible on his official bond for the safe keeping and proper appliance of such sinking fund and interest as may be by him received, and also for any loss incurred or damage result- ing from his failure to burn any and all redeemed bonds, as required in 77 section 9/56; he shall promptly pay the interest on bonds when due, and pay off, cancel and burn the bonds as rapidly as possible; and he shall receive as full compensation .for his services under this section, one-half of one per cent, on amount by him paid out in the redemption of botads and payment of interest on same. (R. S. 1899.) SEC. 9870. District moneys to be paid to treasurer. That when- ever any state or county school money apportioned to any school district formed of cities, towns or villages, or of such cities, towns and villages and adjacent territory, shall have been paid to any county or township treasurer, as now provided by law, the same shall, on the application of the treasurer of any said city, town or village district, be paid over to him by said county or township treasurer, and the receipt of any such school district treasurer for said money shall be a lawful voucher for the disposition of said money by said county or township treasurer, and be accepted as such by the county court or other body or person having authority by law to make settlements with said county or township treas- urer. (R. S. 1899.) SEC. 9871. Settlement of treasurer. The treasurer of the board of education of any city, town or village shall, annually, between the first and fifteenth of July, settle with the said board of education, and account to said board for all school moneys or funds received, from whom and on what account, and the amount paid out for school purposes in such city, town or village, which settlement, if found correct by said board of education, shall be approved by said board ; and when the said settlement is thus approved it is hereby made the duty of said treasurer to present his settlement to the clerk of the county court of said county, and the said clerk shall make a careful examination of the said settle- ment, and if found correct, he shall certify the same, which certificate shall be prima facie a discharge of such liability of the treasurer for the funds expressed in the vouchers ; and at the expiration of his term of office said treasurer shall deliver over to his successor in office all books and papers, with all moneys or other property in his hands, and also all orders he may have redeemed since his last annual settlement with the board of education and with the county clerk, and take the duplicate receipts of his successor therefor, one of which he shall deposit with the secretary of said board of education, and the other with the clerk of said county court. (R. S. 1899.) SEC. 9872. Duties of county clerk how paid. The clerk of the county court of such county shall perform the same duties under this law, not herein specified, as he shall be required by law to perform in relation to the state and county taxes in said county, and shall receive 78 like compensation therefor, the same to be paid by the county treasurer upon warrant issued by the county court. (R. S. 1899.) SEC. 9873. Duties of collectors. The county or township col- lector shall pay over to the treasurer of said board of education all moneys received and collected by him to which said board is entitled, at least once in every month; and upon such payment he shall take duplicate receipts from said treasurer, one of which he shall file with the secretary of said board of education, and the other shall be filed in his settlement with the county court. (R. S. 1899.) SEC. 9874. Regulations governing elections at annual meetings. The qualified voters of such city, town or village school district shall vote by ballot upon all questions provided by law for submission at the annual school meetings, and such election shall be held on the first Tues- day in April of each year, and at such convenient place within the dis- trict as the board may designate, beginning at 7 o'clock a. m. and clos- ing at 6 o'clock p. m. of said day. The board shall elect three judges of election, and said judges shall appoint two clerks; said judges and clerks shall be sworn and the election otherwise conducted in the same manner as the elections for state and county officers, and the result thereof certified by the judges and clerks to the secretary of the board of di- rectors, who shall record the same, and by order of said board shall issue certificates of election to the persons entitled thereto; and the results of all other propositions submitted must be reported to the secretary of the board, and by him duly entered upon the district records. All proposi- tions submitted at said annual meeting may be voted for upon one and the same ballot, and the necessary poll-books shall be made out and furnished by the secretary of the board : Provided, that in all cities and towns having a population exceeding two thousand and not exceeding one hundred thousand, said elections shall be held at the same time and places as the election for municipal officers, and the judges and clerks of such municipal election shall act as judges and clerks of said school election, but the ballots for said school election shall be upon separate pieces of paper and deposited in a separate ballot-box kept for that pur- pose, but no greater number of names for directors shall be upon any ballot than are to be voted for at such election. Should such school district embrace territory not included in the -limits of such city or town, the qualified voters thereof may vote at such voting precinct as they would be attached to provided the ward lines thereof were extended and produced through such adjoining territory. (R. S. 1899.) SEC. 9875. Change of boundary lines. Whenever an entire school district or a part of a district adjoining any city, town or village school district, desires to be attached thereto for school purposes, upon the 79 reception of a petition setting forth such fact and signed by ten qualified voters of such district, the board of directors thereof shall order a special meeting for said purpose, by posting notices in five public places within the district for fifteen days prior to the day of such meeting; said meet- ing shall be held at 2 o'clock p. m. on the day specified in the notices, and when assembled, the meeting shall be organized by the election of a chairman and a secretary, who shall keep a correct record of the trans- actions of said meeting, and should a majority of the "votes cast favor such annexation, the secretary shall certify the fact, with a copy of the record, to the board of said district and to the board of said city, town or village school district ; whereupon the board of such city, town or vil- lage district shall meet to consider the advisability o? receiving such territory, and should a majority of all the members of said board favor such annexation, the boundary lines of such city, town or village school district shall from that date be changed so as to include said territory, and said board shall immediately notify the clerk of said district which has been annexed, in whole or in part, of its action. In case an entire district is thus annexed, all property and money on hand thereto be- longing shall immediately pass into the possession of the board of said city, town or village district; but shouM only a part of a district be an- nexed thereto, said part shall relinquish' all claim and title to any part of the school property and money on hand belonging to said original district, and that portion of the district remaining must contain within its limits thirty children and thirty thousand dollars assessed valuation, or thirty children and nine square miles of territory. The voting at said special school meeting shall be by ballot, as provided for in section 9861, and the ballots shall be "for annexation" and "against annexa- tion" when the whole district is to be annexed, but if only a part is to be annexed, the ballots shall read "for release" and "against release." (R. S. 1899.) Board of special school district, power to extend limits. 65 Mo. 50. Meeting to vote upon proposition to annex territory must be called by board of directors. 54 A. 202. How right of annexation may be exercised. 68 A. 397. It will be observed that no provision is made for detaching territory from a dis- trict organized under this article. SEC. 9876. Annexation to school district when corporate limits are extended. Whenever, by reason of the limits of any city, town or village being extended, a portion of the territory of any school dis- trict adjacent thereto has been incorporated in the city, town or village school district, the inhabitants of such remaining parts of districts shall have the right to be annexed to such city, town or village school district : Provided, that when such part of a school district desires to be so an- 8o nexed, an election shall be held at a special meeting as provided in section 9875, and should a majority of the votes cast favor annexation, the secretary shall certify the fact, with a copy of the record, to the board of said district and to the board of said city, town or village school district ; whereupon the board of such city, town or village district shall meet and confirm such annexation by a proper resolution of record ; and provided, that when such part of a school district has no organization, any ten qualified voters may call a meeting of the district and proceed as pro- vided in the foregoing section; and the secretary of such meeting shall certify if the majority vote for annexation, to the board of directors of the city, town or village school district, and the same action shall be taken as provided above. The remaining portion of such district shall be entitled to be attached to said city, town or village school district: Provided, that the school population of said adjoining district has been reduced to a smaller number than that required by law, or the territory has been reduced to less than nine square miles ; and whenever such adjoining fractional district shall desire to be so annexed, a petition or memorial shall be presented to the city, town or village school district, informing the board of directors of the same of their desire to be annexed, and giving the boundary of the fractional district desired to be annexed, the number of inhabitants in the same, and the number of children of school age; whereupon the board of directors of such city, town or vil- lage school district shall take such action for the incorporation of such adjoining territory as is required to be taken when territory has been an- nexed, as provided in section 9875 : Provided, however, that where a portion of one or more school districts adjacent to such city, town or village school district, and adjacent to each other, have been, by reason of the extension of the limits of such city, deprived of the necessary school population or territory to enable them to maintain their school district organization, they shall have a right to elect, first, to become a part of said city, town or school district ; or, second, to continue as a sep- arate school district; or, third, to join two or more of the adjoining school districts ; and for the purpose of such election, the qualified voters of such districts shall call a special meeting and proceed to vote on such proposi- tions, as provided in section 9875 ; and provided, if the said fractional part of a district has no board of directors remaining, any ten qualified voters of said fraction of a district may call such special meeting, and if a majority of the qualified voters, present and voting at said meeting vote favorable to either of said propositions, a certified copy of the proceedings of such meeting shall be delivered to the board of directors of the school district to which they vote to be attached, and such board of directors 8i shall take such steps as necessary and lawful to perfect the annexation as decided by said election. (R. S. 1899.) This act of April 11, 1895, is applicable to the extension of the city limits made prior to said date, and a portion of a school district lying adjacent to such city dis- trict ipso facto became a part of the city district; the act is not retrospective in the constitutional sense, and the remaining portion of the adjoining district not so an- nexed by said act is entitled to be annexed. The right of annexation may be exercised as follows: (1) When the fractional district has an organization and the territory and the school population required by law. (2) When such district has no organization, but has the territory and school population required by law. (3) When it has an organization and school population, but not the territory required by law. (4) When it has the territory, but not the organization nor the population re- quired by law. 68 A. 397. SEC. 9877. Employment of members of school board, and publi- cation of financial report. No member of any public school board of any city, town or village in this state, having less than twenty-five thou- sand inhabitants, shall hold any office or employment of profit from said board while a member thereof, except the secretary and treasurer, who may receive reasonable compensation for their services : Provided, the compensation of the secretary shall not exceed one hundred and fifty dol- lars, and that of the treasurer shall not exceed fifty dollars for any one year; and provided further, that it shall be the duty of each of said boards, and of the boards of directors in otfier school dis- tricts in this state having graded schools, to make and publish annually, on or before the I5th day of July in each year, in some newspaper pub- lished in said city, town, village or school district, and if there be no newspaper published therein, then by written statements posted in five public places in such districts, a detailed statement of all receipts of school moneys, when and from what source derived, and of all expenditures and on what account; also, the present indebtedness of the district and its nature, and the rate of taxation for all school purposes for the year ; which said statement so required to be made and published shall be duly at- tested by the president and secretary of the board, and the secretary shall forward a copy of said report to the state superintendent of public schools at Jefferson City. And any board of education or board of directors who shall fail, refuse or neglect to order such statement to be made, and any officer of said board who shall fail, refuse or neglect to prepare such state- ment and publish and forward the same, as required by the foregoing provisions of this section, when ordered by such board shall be guilty of S L 6 82 a misdemeanor and punishable by a fine not to exceed one hundred dol- lars. (R. S. 1899.) The department of education sends out a blank for the report contemplated by this section. Secretaries of school boards should make this report promptly between the 1st and 15th days of July in each year, and thus avoid unnecessary correspondence. SEC. 9878. Boards in certain cities to purchase site, etc., when. In all such school districts as are mentioned in this article, that have a population exceeding five thousand and not exceeding one hundred thou- sand inhabitants, the board of directors of such school districts shall have full power, by an affirmative vote of not less than two-thirds of all the members of such board, to locate and direct and authorize the purchase of sites for school-houses, libraries and school offices, and by a like vote to direct and authorize the sale of any real estate or other property be- longing to such school districts; and if two-thirds of the members of such board shall authorize and direct the sale of such real estate, the same shall be entered of record by the secretary, together with the terms of such sale, and the president of such board shall, in the name of such board, execute the necessary deed or deeds of conveyance to the purchaser or purchasers thereof ; which said deeds of conveyance shall be by him acknowledged, as other deeds conveying real estate are by law required to be acknowledged. (R. S. 1899.) SEC. 9879. Board may accept gifts, etc., for libraries. The board of education shall have power to accept and receive gifts and devises for the erection and endowment of libraries and for the purchase of books, and to invest the same, and to loan such endowment fund upon the same security and in the same manner as required by law for the county or capital school fund. (R. S. 1899.) A gift is not complete until money is paid, etc. 138 Mo. 672. SEC. 98793. Depositories of school moneys. The board of direc- tors of city, town and village school districts in this state shall select de- positories for the funds of such school district in the same manner as is provided by law for the selection of county depositories; and they may loan any moneys held for the payment of outstanding bonds upon the same terms and upon the same conditions as provided by law for loaning county and school moneys. (Session Acts 1903.) NEW SECTION. Classification of high schools accredit work in other state schools. The state superintendent of public schools shall have authority to classify the public high schools in the state into first, second and third classes and shall prescribe minimum courses of study for each class : Provided, that no school shall be classed as a high school of the first class which does not maintain a four years' course of standard work in English, mathematics, science and history for a term of, at least, 83 nine months in the year, and which does not employ the entire time of, at least, three approved teachers in high school work ; that no school shall be classed as a high school of the second class which does not maintain a three years' course of standard work in English, mathematics, science and history for a term of, at least, nine months in the year and which does not employ the entire time of, at least, two approved teachers in high school work ; that no school shall be classed as a high school of the third class which does not maintain a two years' course of standard work in English, mathematics, science and history for a term of, at least, eight months in the year and which does not employ the entire time of, at least, one approved teacher in high school work. All work completed in an accredited high school shall be given full credit in requirements for en- trance to, and classification in, any educational institution supported in whole or in part by state appropriations. (Session Acts 1903.) NEW SECTION. High school inspection by state superintendent. For the purpose of classifying high schools and having their work ac- credited by higher educational institutions, the state superintendent of public schools shall, in person or by deputy, inspect and examine any high school making application for classification and he shall prescribe rules and regulations governing such inspections and examinations and keep complete record of all inspections, examinations and recommenda- tions made. He shall from time to time publish lists of classified high schools : Provided, he may drop any school in its classification if, on re- inspection or re-examination, he finds that such school does not maintain the required standard of excellence. (Session Acts 1903.) ARTICLE VI. COUNTY BOARDS TEACHERS' CERTIFICATES. SECTION 9957. County boards of education estab- lished. 9958. Id. Examine teachers and grant certificates. 9959. Id. Reissue certificates and keep records. 9960. County teachers' association. 9961. Pay of members. 9962. County commissioners may revoke certificate. SECTION 9963. County superintendent to discharge duties of county boards. 9964. State board of education to prepare outlines of work. 9965. Institutes for colored teachers. 9966. Approved summer schools. 9967. Penalty for issuing certificates illegally. 9968. Applications of the article. SEC. 9957. County board of education established. There is hereby created a county board of education to consist of three members : ( i ) the county commissioner of schools, who shall be ex officio president of the board; (2) one member to be appointed by the county court in each county; and (3) one member to be appointed by the state board of education, the appointments to be made in April, 1901, and every two years thereafter. The board shall adopt a course of study for use in all 8 4 the public schools in the county, except in cities having more than one. thousand children of school age as shown by the last enumeration, and in towns having high schools affiliated with the state university, and shall make all necessary rules and regulations to secure uniformity in grading and classifying the schools of the county. (Session Acts 1901). The members to be appointed by the county court should be selected by the court at the adjourned term held usually on first Monday in April. The State Board of Education will make appointments about April 20th. The duties of the board are many and important. The remuneration is small, but the opportunities for rendering the cause of education great service are many. Members of the county board should be imbued with a strong desire to serve others. In the adoption of a course of study for all the rural and smaller town schools of the county, careful, painstaking work must be done. To be done wisely, it must be by students of education. The power to make rules and regulations to secure proper grading and classification in the schools carries with it the power to enforce it. The county board has supervisory power over the schools of the county. It will be well if the best educated, most thorough-going and progressive teachers in the county be selected as members and that these members be so located that the county may be divided into three sections and each member take immediate charge of the school interests of one section. Arranging teachers' and patrons' meetings, conducting Reading Circle work, visiting schools in his section of the county, and holding examinations for gradua- tion of pupils who have completed the common school course are some of the duties of each member. The spirit of the school work will depend very largely on the county commissioner, of course; but the county board will be able to assist him materially. It is to be hoped that the course of study printed as an appendix to the school laws will be made the basis of the course of study adopted by each county board of edu- cation, and state uniformity in grading and classifying thereby promoted. SEC. 9958. County board of education to examine teachers and grant certificates three grades of certificates. County boards shall have the authority to examine teachers and grant certificates of qualifi- cation to teach in their respective counties. Three public examinations of two days each shall be held during the year on the fourth Saturday and the preceding Friday in March, June and August, questions to be fur- nished by the state superintendent of public schools. Certificates issued by the county board of education shall be of three grades : Third grade shall be valid for one year ; second grade .for two years, and first grade for three years in the county for which they are issued. Third grade certificates shall be granted to applicants who are of good moral character and who shall pass satisfactory examinations upon the following branches : Spelling, reading, penmanship, language lessons, geography, arithmetic (including business forms and rules), English grammar, United States history, civil government (including state government), physiology and hygiene with special reference to the effects of alcoholic drinks, and stim- ulants and narcotics generally, upon the human system, and pedagogy. Second grade certificates shall be granted to applicants who are of good moral character and who shall pass satisfactory examinations upon the 85 branches hereinbefore mentioned, and in addition thereto, algebra and literature. First grade certificates shall be granted to applicants who are of good moral character and who shall pass satisfactory examinations upon the. branches hereinbefore mentioned, and in addition thereto, one division of history, either ancient, modern, or English, and one branch of science, either physical geography, elementary physics, or elementary biology, relating to agriculture: Provided, to obtain first grade certifi- cates, applicants shall have had one year's experience in teaching and shall maintain an average grade of ninety; to obtain a second grade, an average of eighty-five, and to obtain a third-grade, an average of eighty; but no certificate shall be granted to any applicant whose grade in any branch falls below sixty: Provided, that the county commissioner shall have authority to grant a special certificate, good until the next regular examination; to an applicant who, for good and sufficient reasons, could not attend the last examination : Provided, the county commissioner shall preserve all papers, including questions with answers thereto, used in the examination of each applicant for a third grade [special] certificate and shall file the same in the office of the recorder of the county wherein such certificate is granted. An applicant for a certificate shall have paid the county treasurer a fee of three dollars to cover expenses of examination and county institute (association), and shall file his receipt for same with the county board: Provided, that colored applicants who bring certifi- cates of attendance on a colored institute shall pay one dollar and fifty cents for such examination. (Session Acts 1901.) Special certificates issued now are good only until the next regular examina- tion. Every applicant for a special certificate shall pay the fee of three dollars ($3.00). He will pay two such fees if he apply for both a special and a regular cer- tificate within the year. Questions used and papers written on which a special certificate is issued must be filed with the county recorder and be open for inspection at all times. The State Superintendent will furnish questions for all regular examinations, but not for special. It is expected that colored teachers will apply for certificates in June or August. When they present certificate of attendance on a colored institute during the year to the county treasurer, he shall collect only one dollar and fifty cents from them. Outlines for colored institutes will limit the number of subjects teachers may be graded on in any one institute. So far the limit is five subjects. SEC. 9959. Certificates reissued and records kept. County boards of education shall reissue without examination and without fee a third grade county certificates once; second grade, twice; and first grade an unlimited number of times: Provided, the applicant has taught four months within the two years next preceding, or has made a satisfactory record in an approved summer school since his last certificate was issued : Provided, that such an applicant may raise the grade of his certificate by passing on the additional subjects required. A permanent record of all 86 grades made of eighty or more and of certificates granted, renewed and revoked shall be kept by the county commissioner, said record exhibiting the number granted, date, grade and length of time for which each cer- tificate was given, and the name, age, sex and nativity of the person re- ceiving the same and delivered to his successor in office. An applicant having failed at any regular examination shall have a second trial at an- other regular examination without fee. (Session Acts 1903). Certificates issued prior to the regular county examination in June, 1901, cannot be legally renewed. A certificate is renewed by issuing a new one in lieu of one of the same grade previously issued. A teacher after getting a third grade certificate may raise the same to second grade by passing on algebra and literature at any subse- quent examination while the certificate is in force, or by bringing such grades from an approved summer school; provided, of course, that grades on these subjects aver- age with those on the third grade, eighty-five. All applicants for having graded raised should pay the regular fee. In other words, it should be considered a new application for a certificate. The same is true in raising a second grade to a first grade. The last sentence of this section should be construed so as to give an applicant two examinations to finish for any grade of certificate, permitting him to have sec- ond trial on such subjects as he may fail on ih first examination. All attempts should be limited to the second examination. The second trial does not apply to applica- tion to raise the grade of a certificate. SEC. 9960. County teachers' association. The county commis- soner shall organize a county teachers' association, which shall hold a three days' meeting on the last three days of some week in September, October, November or December of each year. He shall arrange a pro- gram of exercises and secure the services of some one specially prepared to lecture on pedagogical subjects. It shall be the duty of the teachers to attend all such meetings ; and when a certificate of attendance and of faithful performance of duty signed by the county commissioner is filed with the district clerk, the first three days, when school is taught thereon, shall constitute the school week. The expenses of such association, includ- ing expenses of a lecturer, shall 5e paid out of the thirty per cent, of the fees provided for in section 9958. (Session Acts 1903.) It is believed that a three days' meeting right in the midst of the term will help teachers more in a practical way than the ten days' institute. School boards should encourage teachers to attend every day of this association and go them- selves. The State Superintendent will attend every one of these meetings that he possibly can. Someone representing one of the State Normals or the State University will gladly attend and lecture without cost to the association. It is recommended that someone outside of the county be secured for two or more addresses. The State Superintendent, each year, will suggest program. Every teacher should have an assigned part and feel that it is his meeting. At least one session should be given to directors. SEC. 9961. Pay of members. The appointed members of the county board of education shall receive out of the fees collected three dollars per day for the actual number of days the board has been in ses- 87 sion in examining teachers and performing such other duties as are im- posed by this act : Provided, that the amount of such per diem does not exceed thirty per centum of the total 'amount collected by the treasurer in any given year. The county commissioner shall appropriate thirty per centum of the amount collected in paying the expenses of a lecturer at the county teachers' association. The county commissioner shall re- ceive for his services under this article all of said fees not otherwise ap- propriated. All moneys shall be drawn from the treasury on warrants issued by the county commissioner. (Session Acts 1903.) Thirty per cent, of fees must be used to pay expenses of the association. The county commissioner gets forty per cent, of the fees and whatever of the thirty per cent, not used in paying expenses of the other members of the board. It is recom- mended that the association vote upon themselves a small membership fee to pay whatever incidental expenses are necessary to the success' of the association. SEC. 9962. County commissioner may revoke certificate. Any county certificate may be revoked by the county commissioner for incom- petency, immorality or neglect of duty, upon satisfactory proof thereof. All charges must be preferred in writing and signed by the party or parties filing the accusation, and the teacher must be given due not'ce and oppor- tunity to be heard. (Session acts 1901.) A school district cannot enjoin teacher, when. 50 A. 65. The directors have no power to discharge teacher for cruel treatment. 78 Mo. 226. SEC. 9963. County superintendent to discharge duties of county board of education. There shall be no county board of education appointed in counties that have adopted or hereafter may adopt county supervision; but in such counties the county superintendent of schools shall have, in addition to the powers and duties now given by Inw, all the powers and duties given the county board of education by this act. (Session Acts 1901.) This section must not be interpreted as taking any authority or duty from the county superintendent that he had under the old law. This law applies to him, how- ever, and he is clothed with all the powers and duties given to the county board in other counties. All fees should be paid to the county superintendent, and thirty per cent, of them devoted to the expenses of the association. SEC. 9964. State board of education to prepare outlines of work. The state board of education shall prepare, or cause to be prepared, for use in the county institutes outlines of work in school management ^in- cluding use of course of study and record-keeping) methods of teaching the common school branches and general pedagogy ; outlines of work to be done in institutes for colored teachers; and outlines for minimum re- quirements in mathematics, English, science, history and special lines for pedagogy for approved summer schools. (Session Acts 1901.) The association provided for in section 9960 will take place of the institute and the state board will prepare outlines for the association work. 88 The course of study for negro institutes will be limited to a given number of branches and county boards should not accept grades in subjects not outlined in that course. Grades from approved summer schools must be presented on blanks furnished by the State Superintendent. In due time each year the county boards will receive full information as to what schools have been approved under the requirements for approval adopted by the State Board of Education. SEC. 9965. Institutes for colored teachers. The state board of education shall establish ten or more institutes for colored teachers, ap- point instructors and make all rules and regulations therefor. Grades made by colored teachers in these institutes shall be accepted by county boards in lieu of examination in such subjects or parts of subjects cov- ered by the work of the institute. A tuition fee not to exceed two dollars may be charged to maintain such institute. (Session Acts JQOi.) The present administration thinks there should not be more than a dozen negro institutes. The fee of two dollars will be paid direct to the conductor. Hereafter there will be no state fund known as "Colored Institute Fund." Each institute will have to stand for itself. Summer schools should take place of the institutes. SEC. 9969. Approved summer schools. Grades made in the sum- mer terms of the state educational institutions and in such other summer schools as may be approved by the state board of education shall be ac- cepted by the state superintendent and county boards in lieu of examina- tion in such subjects or parts of subjects outlined by the state board. (Session Acts 1901.) The State Boaord of Education herewith prescribes the conditions on which summer schools may be approved for the purposes of having their grades accepted in lieu of examinations as provided above: 1. Such Summer Schools shall be conducted for a period of not less than forty- two (42) days under the direction and tuition of teachers approved by the State Board of Education in suitable school buildings provided with good reference libraries for teaching literature and history by the source method and well equipped for teaching the sciences by the laboratory method. 2. All such Summer Schools shall maintain, at least, four departments (mathe- matics, English, history and science) each presided over by a recognized specialist in his department who is a full course graduate of a college or normal school, or holds a Missouri State Teachers' Certificate. 3. Grades in the following subjects shall be accepted by the State Superintend- ent of Public Schools and County Boards of Education when properly certified to as herein provided: (a) Algebra, including as much as is given in the first 298 pages of Milne's High School Algebra, (b) Literature, including as much as is contained in "Introductory Lessons in English Literature," one of the books selected for the 'Teachers' Reading Circle Course for 1901; or the critical study of the "College En- trance Requirements." (c) History, the equivalent of Myer's Ancient; or the equiva- lent of Myer's Mediaeval and Modern; or the equivalent of any standard text on English History, (d) Science, the equivalent of Tarr's Elementary Physical Geog- raphy; or the equivalent of Gage's Introduction to Physical Science; or the equiva- lent of any standard high school text on zoology or botany, or in lieu thereof as much as is contained in four bulletins issued by the State Agricultural College. 8 9 4. No pupil shall be given credit in grades for Teachers' certificates who has not attended said summer school at least six-sevenths of the term and done the work for which he is credited in that term. Every pupil wishing credits for certificates shall be limited to two subjects and must devote not less than three hours daily to study and recitation in each. All work in science must be done by the laboratory method; all work in literature and history by the source, or library method. 5. At the close of the term every pupil completing one or more subjects as pre- scribed in section three shall be given a certificate of attnedance, on blanks fur- nished by the State Superintendent of Public Schools, signed by the director of the Summer School, stating the length of time in days and hours such pupil worked in the school, the amount and character of work done and to what exetent proficient in the subject or subjects. Nothing in these requirements should be so construed as to prevent any summer school from organizing classes in other subjects. The law, however, limits subjects on which grades be accepted to those designated in section three (3) above. SEC. 9967. Penalty for issuing certificates illegally. Any county commissioner, member of county board or instructor in .an institute or approved summer school who shall grant complimentary certificates or grades or certificates and grades except in accordance witE the provisions of this article shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be punished by a fine not to exceed five hundred dol- lars. (Session Acts 1901.) SEC. 9968. Application of article. This article shall not apply to cities having or hereafter attaining a population of three hundred thou- sand or more. (Session Acts 1901.) ARTICLE VII. SCHOOL.-BOOK COMMISSION. SECTION 9969. School-book commission created. 9970. Commission to meet and qualify. 9971. Commission to advertise for bids to furnish books. 9972. Commission to open bids, etc. 9973. Commission to let contract if bid satisfactory. 9974. Publisher shall guarantee three prices contract with successful bidder. 9975. President of commission to pre- serve samples of books. SECTION 9977. President of commission to see that article is enforced. 9978. Vacancies in commission. 9979. No books to be sold or used ex- cept those contracted for. 9980. Directors permitting use of other books penalty application of ar- 9981. Copies of this article and lists of books, etc., to be distributed. 9982. Proceedings if no bids are satis- factory. 9976. Commission to have clerk. SEC. 9969. School-book commission created. The state auditor, the attorney-general, superintendent of public instruction, president of the state normal school at Kirksville, and one practical public school teacher, to be appointed by the governor, are hereby constituted a commission to be known as the "School-book commission," and the members thereof shall elect one of their number president, and one secretary, and a ma- jority of whom shall constitute a quorum for the transaction of business. They shall each receive the sum of five dollars per day and actual travel- 90 ing expense incurred in the performance of their duties for their ser- vices for the time in actual session, which shall not exceed thirty days. (R. S. 1899.) SEC. 9970. Commission to meet and qualify. Said commission shall, within twenty days after this article shall take effect, meet in the City of Jefferson and qualify by taking oath of office to faithfully per- form the duties as hereinafter required. (R. S. 1899.) SEC. 9971. Commission to advertise for bids to furnish books. The said school-book commission shall, immediately after its organization, proceed to advertise in any manner it may deem most advantageous for the lowest and best bids from all reliable publishing houses in the United States, at which any such publishing house or houses will furnish any one or more of their standard school text-books for use in all the public schools of this state for a period of five years and until otherwise pro- vided by law; and it shall require each such bid to be accompanied with a sample copy of the book or books on which the bid is submitted, and also a deposit of five hundred dollars, to cover all costs and damages arising from failure or refusal to enter into contract in case such bid be accepted by the commission, as hereinafter provided. (R. S. 1899.) SEC. 9972. Commission to open bids, etc. Said commission shall, at the expiration of the time allowed by the said advertisement for filing bids, convene at the office of the president thereof, at the City of Jef- ferson, and proceed at once to open said bids and examine said books accompanying same, and select from said bids and samples a list of books to be contracted for : Provided, the commission shall have authority to reject any and all bids. (R. S. 1899.) SEC. 9973. Commission to let contract if bid satisfactory. If any of said bids be satisfactory to the commission, then it shall proceed to select the cheapest and best course of text-books so offered, taking into consideration the quality of material used, illustrations, binding and all other things that enter into the publication of a desirable school text- book, as follows, to wit : Chart, reading, spelling, language lessons, English grammar, geography, arithmetic (mental and written), U. S. history, civil government, physiology and penmanship. The said com- mission shall also select school text-books of the same or different author-- ship needful for use in all the public high schools in the state on all subjects which, in their judgment, are requisite and necessary for the educational welfare of the schools. (R. S. 1899.) The law and the contracts apply to texts adopted for high schools and are just as binding on these as they are on the common school subjects. The line of demark- ation between the elementary schools and high schools is not defined by the statutes. County Boards of Education have the legal right to establish this for all school dis- tricts having fewer than one thousand children enumerated. In all other districts, the local school boards may legally proscribe the courses. SEC. 9974. Publishers shall guarantee three prices contract with successful bidder. Said commission shall require all publishers sub- mitting bids as aforesaid to specify and guarantee three prices: ist, the contract price; 2nd, the retail price, which shall not be more than fifteen per cent, above the contract price; and 3rd, the mailing price upon which they propose to furnish such books, and upon what terms; for the purpose of introduction, they will exchange their books offered for such books of different kind as are now in actual use in the public schools of the state to which this article applies, and the commission, upon its acceptance of any one or more of such bids, shall forthwith and with the aid of the attorney-general, enter into a contract or con- tracts, in the name of the state of Missouri, for a period of five years, and until otherwise provided by law, with such publishing house or houses whose bid or bids shall have been accepted, fully and clearly setting out the terms of the agreement, and shall state specifically the class and kind of books to be furnished. The actual price at which the books will be supplied to dealers and citizens, and the exact terms upon which exchanges of new books for old books will be made and price for which books will be mailed to purchasers, and in case of violation of the agree- ment, the commission may revoke the contract at any time, the contract not to take effect until bond in the sum of ten thousand dollars is exe- cuted and approved by the commission, conditioned for the faithful per- formance of the contract by the publishing house or houses given the contract, and which bond shall be filed with the secretary of state. (R. S. 1899.) Under the contracts, the publishers must sell their books to dealers in two towns or cities in each county of the State at contract prices, and these dealers must sell the books to purchasers for use in the schools. Should any dealer authorized to handle adopted text-books sell them or any one of them for more than the retail price as given hereafter, the contract and bond shall be forfeited. Attorney-General Crow says: "If any publishing house or individual supplying text-books under a contract made in accordance with the statute under consideration should charge more than the price fixed by the terms of the contract for books, or should violate any other provision of the contract, the Governor of Missouri could reconvene the commission, and said body is by the terms of the contract specifically given the power to forfeit the rights thereunder of the publishing house or individual violating the contract made with the State; and when a contract shall have been declared forfeited by the commission, said commission could, if it wished, make a new contract to take the place of the forfeited one, after first advertising for bids as pro- vided by section 9971, and if a contract should be forfeited and no new one made to take its place, then other text-books than those named in the forfeited contract could be legally sold by anyone, and used in the schools of the State." 92 Note that old contracts must bo forfeited before the commission can adopt other books or make any substitutions. The contracts provide for substitutions in certain cases. The law does not au- thorize it however. SEC. 9975. President of commission to preserve samples of books. It shall be the duty of the president of the commission to carefully label and file away all sample copies of the books so furnished as hereinbefore provided, and for which contract shall have been entered into as herein specified, which shall be securely kept as a standard of quality and ex- cellence to be maintained in such books during the continuance of said contract. (R. S. 1899.) No other than the adopted books can be legally used unless a contract is for- feited. SEC. 9976. Commission to have clerk. The commission shall be allowed one clerk at a salary of not to exceed three dollars and fifty cents per day, which shall be paid by the state treasurer out of the funds here- inafter appropriated for that purpose, upon vouchers signed by the gov- ernor and president of the commission. (R. S. 1899.) SEC. 9977. President of commission to see that article is enforced. After the commission shall have entered into such contract or contracts, and shall have discharged all the duties as herein provided for, then it shall be the special duty of the president of said commission to see that all the provisions of said contract or contracts are faithfully carried out : Provided, said commission may be reconvened at any time by the gov- ernor, when in his judgment and the judgment of the president of the commission, an emergency exists requiring such a meeting for fully car- rying out the provisions of this article, and if so convened the same com- pensation as provided in sections 9969 and 9976 of this article shall be allowed. (R. S. 1899.) There is no president of the commission. The then State Superintendent, John R. Kirk, was elected president of the commission. At the expiration of his term the office of president of the commission became vacant. The commission has never been reconvened and there has been no opportunity to elect a president. SEC. 9978. Vacancies in commission. In case of a vacancy by death, resignation or otherwise in said commission, such vacancy shall be filled by the governor within twenty days after notice thereof. (R. S. 1899.) SEC. 9979. No books to be sold or used except those contracted for. From and after the first day of September, 1897, and until other- wise provided by law, no text-books except those contracted for by said commission shall be sold for use in the public schools of Missouri; and from and after the first day of September, 1898, and until otherwise pro- 93 vided by law, no text-books except those contracted for by said commis- sion shall be used or taught in any public school within this state. (R. S. 1899.) The provisions of this section are plain. Nothing otherwise has been provided by law, hence it is illegal to use any other than the adopted books. SEC. 9980. Directors permitting use of other books penalty- application of article. Any school director or board of school direc- tors of any school district within this state, who shall sanction or permit any other text-book or books in the same branches and of the same grade as those hereinbefore provided for to be used in any public schools of such district, after the date hereinbefore specified in section 9979, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five nor more than twenty-five dollars for each of- fense: Provided, that nothing in this article shall be so construed as to prohibit any board of school directors, superintendent or teacher from using readers or works in literature for supplementary reading when the same can be furnished by the board or any other person, without expense to the pupils of such school ; and provided further, that such supplemen- tary reading shall not displace or take the place of any reader adopted by said text-book commission ; and provided further, the board of directors of each school district in this state shall have power to purchase at the expense of the district, and pay for the same out of the contingent fund, a sufficient number of books used to supply children whose parents are unable to buy them : Provided, that none of the provisions of this article shall apply to cities having a population of fifty thousand or over. (R. S. 1899.) Until the general assembly repeals, or amends the present law, or authorizes new adoption or substitutions, it will be a misdemeanor for any school board to per- mit the use of any other than the adopted text-books. SEC. 9981. Copies of this article and lists of books, etc., to be distributed. In carrying out the provisions of this article it shall be the duty of the president of the commission to arrange, in convenient form, copies of instructions, containing a copy of this law and a complete list of all text-books contracted for as aforesaid, giving the contract price, the retail price and the mailing price of each book, and the conditions of exchange, if any, with the address of the publisher and instructions for procuring same and any blank form hereinafter provided for, in suffi- cient numbers, and shall distribute the same to the county school com- missioners of the various counties of the state, and the said county school commissioners are hereby required to distribute at least two copies of the same to the clerk of each school district in his county; said clerk shall file one copy with the teacher of the school for his use. (R. S. 1899.) 94 SEC. 9982. Proceedings if no bids are satisfactory. Should the bids for furnishing such books, or any part thereof, be rejected by said commission, they shall be empowered and are hereby directed to adver- tise for other bids and enter into other contracts as provided for in this article. (R. S. 1899.) 95 TEXT-BOOKS CONTRACTED FOR BY THE Missouri School-Book Commission for a period of five years from September 1, 1897, and until otherwise provided by law. ELEMENTARY OR "COMMON-SCHOOL" BOOKS. Author and name. Publisher. d g| W II ^f M Exchange price . . . MENTAL ARITHMETIC. White's Oral, in cloth A. B. Co $ 26^ $ 30 $ 33 $ 18 WRITTEN ARITHMETIC. A. B. Co 23 25 30 09 Milne's St'indard in cloth 49 56 65 19 MANUALS FOR TEACHERS ONLY. Speer's Part One in cloth Ginn & Co 27 29 35 21 W. & T 24 27 32 14 CHART. Striker, with easel Ginn & Co 6 00 6 90 700 420 Striker without easel ... 5 00 5 75 6 25 3 75 GEOGRAPHIES. Rand-McNally Elementary, cloth W. &T 37 42 43 21 Rand-McNally Complete, cloth 71 81 92 42 GRAMMAR. Patrick's Lessons in Grammar cloth St. L. Book Co 21 % 25 25 12 HIST. AND CIVIL GOV. OP MISSOURI. Rader, cloth Oxford Publishing Co 66 75 85 40 HISTORY, UNITED STATES. Morris's Elementary History, cloth Shinn's American People, cloth J. B. L. &Co A. B. Co 45 75 51 86 54 1 00 21 30 LANGUAGE LESSONS. De Garmo 1st book, cloth W. Sch. Bk. Co 23 26 30 15 De Garmo 2nd book cloth .... . 31 35 40 20 De Garmo 1st book ' boards > i 20 23 25 10 De Garmo 2nd book, boards ... .... i 27 30 35 15 De Garmo 1st and 2nd books complete in one vol boards , t 31 35 40 20 PENMANSHIP. per per doz. each doz. Vertical Writing (Natural System) D. C. H. & Co 57 05 64 PHYSIOLOGY. Baldwin's Essential Lessons, cloth W. Sch. Bk. Co 40 45 50 25 READERS. New Franklin Primer and 1st Reader Sheldon & Co IQi/c, 12 14 0(5 14 7 8 17 20 09 New Franklin 3rd Reader, cloth back. .. 20 23 26 13 30% 35 38 17 New Franklin 5th Reader' full cloth 39% 45 50 25 New Franklin Primer and 1st Reader combined full cloth 15 17 18 08 2' ? 25 27 12 9 6M 30 32 15 New Fr'inklin 4th Jte'ider full cloth 33M 38 40 19 New Franklin 5th Ro.adpr. full ninth... 39% 45 50 25 9 6 ELEMENTARY OR "COMMON-SCHOOL" BOOKS Continued. f CD - H Author and name. Publisher. 2.5- n & *5 ~ ^ CD 95 o o 5 h-. p CD CC3<5 CD ^ CD PRIMER. Taylor's Primer, boards and cloth W. Sch. Bk. Co I 23 $ 20 30 $ 18 SPELLER. Sever's Progressive Speller, cloth D. C. ( H. &Co 15 13 19 16 28 23 10 g HIGH-SCHOOL BOOKS. AGRICULTURE AND HORTICULTURE. Bailey's Plant Breedin p .. MacMillan Co $ H7 (57 50 84 45 75 52 1 00 65 1 10 88 90 39 58 79 63 $ 77 77 58 97 51 86 59 1 15 75 1 27 1 Ot 1 03 44 66 90 69 $ 77 77 58 97 60 1 00 66 1 25 80 2 17 1 10 1 05 48 72 98 80 $ 60 60 45 75 30 40 46 60 50 65 60 68 Kio^'s "The Soil" r i < ALGEBRA. A, B. Co TVlilnp'<5 TJIffh School Moth ARITHMETIC, HIGHER. Walsh's Higher Arithmetic D.O. H. &Oo ASTRONOMY. Howe's Element's of Descriptive As- tronomy BIOLOGY. Koyer's Elementary Biology BOOK-KEEPING. Tablet Method of Book-keeping S.B. &Co D. O. H. &Co Ellis Pub Co BOTANY. Bergen's Elements of Botany Ginn & Co CHEMISTRY. Shepard's Elements of Chemistry DICTIONARIES. Webster's Primary Dictionary Webster's Common School D. 0. H. &Co A. B. Co Webster's Hi^h School ii ' ' ' ELOCUTION. Smith's Reading and Speaking. ......... ENGLISH CLASSICS. D. C. H. &Co Eclectic English Classics American Book Co. ..... Classics' ... . Ginn & Co English' Classics Kiverside Literature Series Hou^hton Mifflin & Co Leach, Shewell & Sanborn Fnglish Classic Series Classics Silver Burdette & Co FRENCH. 87 90 1 00 1 03 1 00 1 20 60 55 GEOLOGY. Leconte's Compend of Geology A. B. Co... 97 HIGH-SCHOOL BOOKS- Continued. Author and name. Publisher. Contract price | H & & Q CP5 Exchange price GEOMETRY. Phillips, & Fisher's Plane at GA t prf * 70 Phillips & Fisher's Elements Abridged.. 98 1 05 1 15 50 GERMAN. Joynes-Meissner's Grammar Joynes-Meissner's Reader D.C. H. &Co 91 7H 1 03 84 1 05 90 67 Z.A Harris' German .Lessons 47 54 57 36 GOVERNMENT, AMERICAN. Hinsdale's American Government W. Sch Bk Co 40 80 46 92 50 1 00 20 50 GRAMMAR, COMPOSITION & RHETORIC. Patrick's Higher English Becktold 35 40 45 15 Southworth & Goddard's Elements of Composition & Grammar L S & S on a/ 45 60 36 William's Rhetoric D C H & Co ftt 78 82 40 Hill's Foundations of Rhetoric 80 85 95 43 Buehler's Practical Exercises in Eng 40 42 46 22 GREEK. White's First Greek Book Ginn & Co 1 00 1 15 1 25 75 Harper & Castle's Prose Oomp A B Co 57 65 75 35 Ginn & Co 1 20 1 38 I 50 1 00 Harper & Wallace's Anabasis A B Co 1 13 1 29 1 50 70 HISTORY. 1 13 1 29 1 fO 90 JMyers' Medieval & Modern i is 1 29 1 50 90 Myers' General. . ... , , 1 13 1 9 9 1 50 90 Green's Short Hist, of Eng. Peo 96 1 05 1 15 53 Fiske's American. H M. & Co 79 90 95 60 LATIN. Collar & Daniell's 1st Latin Book Ginn & Co 75 86 1 00 50 Churchill & Sanford's Viri Komae Rolf e's Nepos S F. & Co Allyn & B .... 57 83 65 94 67 94 35 45 fi 75 75 30 Allen & Greenough's Grammar. Ginn & Co 90 1 03 20 52 Harper & Tolman's Ctvsar ... A B Co 90 1 03 20 60 Lowe & Ewing's Cassar S. F. & Co Allyn & B 94 1 00 1 08 1 15 11 15 60 65 Comstock's Vergil ... 1 05 1 20 20 70 Arnold's Prose Comp Moulton & Collar's Prose Comp ... A. B. Co 75 60 86 69 00 80 45 30 LITERATURE. Matthew's Introduction to Am. Lit Hawthorne & Lemon's American Lit... A. B. Co.... D C H & Co 75 85 86 98 1 00 1 10 60 65 Painter's English Literature [j. s & S 96^ 1 10 1 25 75 MUSIC. Normal 1st Reader Normal 2nd Reader .... S. B. & Co. MA 45 i 28 52 32 60 18 26 Cecilian Seiies Study and Song Book II 1 45 I 52 60 26 Cecilian Series Study and Son*" 1 ' Book IV 54 91 72 30 Son^s of the Nation Johnson 48 55 60 27 First Series Charts 7 40 8 50 Second Series Charts 7 40 8 50 MYTHOLOGY. Guerber's Myths of Greece and Rome PHYSICAL GEOGRAPHY. A. B. Co MacMillan Co 1 16 1 10 1 33 1 25 1 50 1 25 90 7S Tarr's 1st Book, Mo. Edition... 76 87 87 55 SL 7 9 8 HfGH SCHOOL BOOKS-Continued. Author and name. Publisher. Contract price. .. ,P s CD ~ g tJ P II Exchange price. . . PHYSIOLOGY. Stowoll's Essentials of Health. S. B. & Co $ 61 $70 1 75 $ 35 PHYSICS. Ginn & Co 75 86 1 00 50 POLITICAL, ECONOMY. H Holt & Oo 80 92 1 10 70 TRIGONOMETRY. Ginn & Co 68 78 85 51 96 1 10 1 20 ZOOLOGY. Col ton's Zoology, D. 0. H. &Co 65 74 77 48 NAMES AND ADDRESSES OF PUBLISHERS. Allyn & Bacon, Chicago, III. American Book Oo , Chicago, 111. Becktold Printing and Book Mfg. Co., St. Louis, Mo Educational Publishing Co., Chicago, ill. Ellis Publishing Co., Battle Creek, Mich. Ginn & Co., Chicago, 111. Harper & Bros., Chicago, 111. Heath, D. C & Co., Chicago. 111. Holt, Henry & Co., Chicago, III. Houghton, Mifflin & Co., Chicago, 111. Leach, Shewell & Sanborn, Chicago, 111. Lippincott, J. B. & Co., Philadelphia, Pa. Maynard, Merrill & Co., New York City Scott, Forseman & Co,, Chicago, 111. Sheldon & Co., Chicago, 111. Silver, Burdett & Co , Chicago, 111. St. Louis Book Co., St. Louis, Mo. The MacMillan Company, New York City. Werner School Book Co., Chicago, 111. Woodward-Tiernan Printing Company, St. Louis, Mo. 99 IMPORTANT SECTIONS BEARING ON SCHOOL LAW. SEC. 1922. Claims corruptly allowed by county courts and other officers. Any member of the county court, common council or board of trustees, or officer or agent of any county, city, town, village, school township, school district or other municipal corporation, who shall, in his official capacity, willfully or corruptly vote for, assent to or report in favor of, or allow or certify for allowance, any claim or demand, or any part thereof, against the county, city, town, village, school township, school district or other municipal corporation, of which he is such officer or agent, or against the county court, common council or board of trus- tees of which he is a member such claim or demand, or part thereof, being for or on account of any contract or demand or service not author- ized or made as provided or required by law every such person so of- fending shall, on conviction, be punished by imprisonment in the peni- tentiary not more than five years, or by a fine of not less than one hundred nor more than five thousand dollars, or by imprisonment in the county jail not less than two nor more than twelve months, or by both such fine and imprisonment. (R. S. 1899.) SEC. 1974. Injury of school-houses and church buildings. Every person who shall injure, deface or destroy any building used as a school- house, or any church building or other building used for such purposes or for other religious or educational purpose, or any furniture, fixtures or apparatus thereto belonging, or who shall deface, mar or disfigure any such building, or any part thereof, or the fixtures therein, by writing, painting, cutting or pasting thereon any likeness, figures, words or de- vice, or who shall commit any trespass upon the land connected with said school-house and used for school or educational purposes, by removing therefrom the water, contained in any well, cistern or reservoir, in which water is gathered or kept for the supply of said school-house or those at- tending the same, and without the permission in writing of the person or persons having the legal control of said school-house and land, or who shall in any manner pollute the water contained in any well, cistern or reservoir, shall be deemed guilty of a misdemeanor. (R. S. 1899.) SEC. 2160. Disturbing religious assemblies. Every person who shall willfully, maliciously or contemptuously disquiet or disturb any camp meeting, congregation or other assembly "met for religious worship, or when meeting at the place of worship, or dispersing therefrom, or any school or other meeting or assembly of people met together for any law- ful purpose whatever, by making a noise, or by rude or indecent behavior IOO or profane discourse within the place of assembly, or so near the same as to interrupt or disturb the order or solemnity thereof, or who shall will- fully menace, threaten or assault any person there being, shall be deemed guilty of a misdemeanor. (R. S. 1899.) SEC. i. Cigarettes, unlawful to sell or give. It shall be unlawful for any person, firm or corporation, in this state to sell, or give, or offer to sell or give any cigarette or cigarettes or cigarette paper or cigarette wrappers to persons under the age of eighteen years. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not exceeding one hundred dollars for each offense. (Session Acts 1903.) SEC. 5157. Bonded debt of counties, cities, etc., may be funded. The various counties in this state, for themselves, as well as in behalf of any township or parts of townships for which said counties may have heretofore issued any bonds, and the several cities, villages, incorporated towns and school districts, are hereby authorized by their respective county courts, and the said cities, villages, and incorporated towns by their authorities, and the said school districts by their respective school boards, to fund any part or all of their existing bonded indebtedness, including any judgments, bonds, or coupons, at a lower rate of interest, and for that purpose may issue, negotiate, sell and deliver renewal or funding bonds, and with the proceeds thereof, pay off, redeem and cancel old bonds, as the same are called for redemption : Provided, that such fund- ing bonds shall not be sold for less than the par value thereof and that in no case shall the amount of the debt of any such county or township or parts of townships, or city, village, incorporated town or school district nor the rate of interest on such debt be increased or enlarged under the provisions of this chapter; and provided also, that no funding bonds is- sued under this chapter shall be payable in less than five nor more than thirty years from the date thereof, and that such funding bond shall be of the denomination of not more than one thousand dollars nor less than one hundred dollars, and shall bear interest not to exceed five per cent, per annum, payable annually or semi-annually, and to this end each bond shall have annexed interest coupons, and the funding bonds and coupons shall be made payable to bearer : Provided, that nothing in this act shall be so construed as prohibiting any county, city, township or school district having a bonded debt from refunding such debt without the submission of the question to a popular vote, whenever such refunding can be done at a lower rate of interest than the bonds so refunded bore. (R. S. 1899.) 23 Mo. 483; 33 Mo. 440; 36 Mo. 294; 38 Mo. 450; 41 Mo. 453; 44 Mo. 197, 504; 45 Mo. 458; 47 Mo. 349; 48 Mo. 167, 390; 50 Mo. 338, 600; 51 Mo. 479, 522; 54 Mo. 58; 56 Mo. 126; 62 Mo. 101 188; 67 Mo. 353, 445; 69 Mo. 150, 224; 72 Mo. 329, -4M;' 85 'Mo". 41; 86'Mo? 551} 32 Mo. 511; 93 Mo. 606; 96 Mo. 29; 101 Mo. 136; 106 Mo. 659; 109 Mo. 248; 112 Mo. 126; 113 Mo. 297; 116 Mo. 129; 120 Mo. 577; 121 Mo. 614; 123 Mo. 72; 128 Mo. 427; 45 A. 660; 69 A. 660. Where vote held necessary. 42 Mo. 171; 45 Mo. 242; 48 Mo. 167, 390; 51 Mo. 350; 67 Mo. 445. Irregularities. 33 Mo. 440; 36 Mo. 294; 47 Mo. 349; 48 Mo. 390, 167; 45 A. 660. When void. 48 Mo. 167; 56 Mo. 126; 66 Mo. 498; 67 Mo. 354, 445. Conflict, federal and state courts. 72 Mo. 499; 75 Mo. 246; 77 Mo. 573; 106 Mo. 659. A bona fide holder for value has right to presume the issue regular. 51 Mo. 483; 54 Mo. 58; 7 A. 294. Tender. 107 Mo. 50. Dealing with agent, etc. 143 Mo. 13. This section vests the board of directors with authority to refund the bonded indebtedness of the district at a less rate of interest at any time after it, by the terms of the bonds, becomes payable at the option of the board, and before final ma- turity thereof. SEC. 6761. Contractors with counties, cities, school districts, etc., to give bond. All counties, cities, towns and school districts making contracts for public work of any kind to be done for such county, city, town or school district, shall require every contractor to execute a bond with good and sufficient securities, and such bond among other conditions shall be conditioned for the payment for all material used in such work, and all labor performed on such work, whether by sub-contract or other- wise. (R. S. 1899.) SEC. 9993. Authority to teach. The normal diploma, conferred upon completing the "advanced course," shall entitle the holder thereof to teach in any county in this state, without further examination, until revoked by the board of regents or curators granting the same, or by the county school commissioner, or state superintendent of schools, for in- competency, cruelty, immorality, drunkenness or neglect of duty; and the normal certificate, granted upon completing the "elementary course," shall bear the names of the branches of study completed and the grades sustained in each ; and said certificate shall in like manner entitle the holder thereof to teach the branches therein named for a period of two years from date, unless sooner revoked by said board, or county school commissioner, or state superintendent of schools, for one or more of the causes above specified; and the provisions of this section shall apply to the normal department of the university of Missouri and to Lincoln in- stitute. The secretary of each board shall annually, in the month of June, transmit to the state superintendent the names of those receiving such diploma or certificate, with residence and date of issue, and the state su- perintendent shall annually, in the month of August, forward to each county commissioner a printed list of persons holding state certificates now in force, and those authorized to teach under the provisions of this section, giving name, residence, date of qualification, and by whom con- ferred, and the date each normal certificate expires; and the holder of such state certificate, normal diploma or normal certificate shall, before T02 commencing to teach a public* scnoolm any county in this state, notify the county commissioner thereof of such fact, give date of qualification, and by whom conferred. (R. S. 1899.) SEC. 9998. Report to state superintendent. The president of each of the boards of regents of the normal schools shall make to the state superintendent of public schools an annual report in the month of August in each year, which shall contain a full account of the acts of said board, of all receipts of moneys from appropriations, tuition fees and all other sources, and the disbursements thereof and for what purposes, and the condition of said normal schools; also a list of the names of all students that may have been taught in the respective normal schools during the preceding year, with the age and place of residence of each, the number of terms enrolled, the number of days each has been taught, and the amount of tuition or incidental fees paid. (R. S. 1899.) SEC. 10503. Selling liquor to students, how punished. Any per- son who shall knowingly sell, give, or in any manner dispose of any intoxicating liquor to any student of the state university, or of any school, college or academy in this state, shall be guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not less than forty nor more than four hundred dollars, or by imprisonment in the aounty jail not less than three months nor more than one year, or by both such fine and imprisonment : Provided, that it shall be lawful for druggists to sell or give such liquor to any student upon the written prescription of a regular practicing physician in good standing, or upon the written order of the president of the university or college, or the principal of the school or academy, at which such student may be in attendance, or by the written order or consent of the parent or guardian of such stu- dent : Provided, that nothing in this section shall be so construed as to apply to any mercantile or business college. (R. S. 1899.) SEC. 7723. Reports to state superintendent. The curators of the state university, the trustees of other state institutions for the pur- poses of education, and others having authority, and being required by law so to do, except the Missouri school for the blind, and the school for the deaf and dumb, shall report to the state superintendent of public schools on or before the 3ist day of August of each year, concerning the condition, improvements and necessities of said institutions, which report shall be published as a part of the state superintendent's annual report. (R. S. 1899.) SEC. 7724. Disposition of reports. Fifty copies of such report shall be reserved for the use of each public institution so reporting, and ten copies shall be bound in a suitable manner and preserved in the state library. (R. S. 1899.) io 3 PROVISIONS OF THE CONSTITUTION OF MISSOURI. ARTICLE VIII SUFFRAGE. SEC. 2. Every male citizen of the United States, and every male person of foreign birth who may have declared his intention to become a citizen of the United States according to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, possessing the following qualifications, shall be en- titled to vote at all elections by the people : First He shall have resided in the State one year immediately pre- ceding the election at which he offers to vote. Second He shall have resided in the county, city or town where he shall offer to vote, at least sixty days immediately preceding the election. SEC. 7. For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while employed in the service, either civil or military, of this state or of the United States, nor while engaged in the naviga- tion of the waters of the state or of the United States, or of the high seas, nor while a student of any institution of learning, nor while kept in a poor-house or other asylum at public expense, nor while confined in public prison. SEC. 8. No person, while kept at any poor-house or other asylum, at public expense, nor while confined in any public prison, shall be en- titled to vote at any election under the laws of this state. SEC. ii. No officer, soldier or marine, in the regular army or navy of the United States, shall be entitled to vote at any election in this state. SEC. 12. No person shall be elected or appointed to any office in this state, civil or military, who is not a citizen of the United States, and who shall not have resided in this state one year- next preceding his election or appointment. ARTICLE X TAXATION. SEC. ii. Taxes for county, city, town and school purposes, may be levied on all subjects and objects of taxation; but the valuation of ^property therefor shall not exceed the valuation of the same property in such town, city or school district for state and county purposes. For county purposes the annual rate on property, in counties having six million dollars or less, shall not, in the aggregate, exceed fifty cents on the hundred dollars valuation ; in counties having six million dol- IO4 lars and under ten million dollars, said rate shall not exceed forty cents on the hundred dollars valuation ; in counties having ten million dol- lars and under thirty million dollars, said rate shall not exceed fifty cents on the hundred dollars valuation ; and in counties having thirty million dollars or more, said rate shall not exceed thirty-five cents on the hundred dollars valuation. For city and town purposes the an- nual rate on property in cities and towns having thirty thousand in- habitants or more shall not, in the aggregate, exceed one hundred cents on the hundred dollars valuation ; in cities and towns having less than thirty thousand and over ten thousand inhabitants, said rate shall not exceed sixty cents on the hundred dollars valuation ; in cities and towns having less than ten thousand and more than one thousand inhabi- tants, said rate shall not exceed fifty cents on the hundred dollars valu- ation ; and in towns having one thousand inhabitants or less, said rate shall not exceed twenty-five cents on the hundred dollars valuation. For school purposes in districts composed of cities, which have one hun- dred thousand inhabitants or more the annual rate on property shall not exceed sixty cents on the hundred dollars valuation, and in other districts forty cents on the hundred dollars valuation : Provided, the aforesaid annual rates for school purposes may be increased in districts formed of cities and towns, to an amount not to exceed one dollar on the hundred dollars valuation, and in other districts to any amount not to exceed sixty-five cents on the hundred dollars valuation, on the condi- tion that a majority of the voters who are tax-payers, voting at an elec- tion held to decide the question, vote for said increase. For the pur- pose of erecting public buildings in counties, cities or school districts, the rates of taxation herein limited 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 two-thirds of the qualified voters of such county, city or school district voting at such election, shall vote therefor. The rate herein allowed to each county shall be ascertained by the amount of taxable property therein, according to the last assess- ment for state and county purposes, and the rate allowed to each city or town by the number of inhabitants, according to the last census taken under the authority of the state, or the United States; said restrictions as to the rates shall apply to taxes of every kind and description, whether general or special, except taxes to pay valid indebtedness now existing or bonds which may be issued in renewal of such indebtedness : Pro- vided, that the city of St. Louis may levy for municipal purposes, in addition to the municipal rate of taxation above provided, a rate not exceeding the rate which would be allowed for county purposes if said city were part of a county. 105 SEC. 12. No county, city, town, township, school district or other political corporation or subdivision of the state shall be allowed to be- come indebted in any manner, or for any purpose, to an amount exceed- ing in any year the income and revenue provided for such year, with- out the assent of two-thirds of the voters thereof, voting at an elec- tion to be held for that purpose; nor in cases requiring such assent shall any indebtedness be allowed to be incurred to an amount, includ- ing existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for state and county pur- poses, previous to the incurring of such indebtedness : Provided, that with such assent any county may be allowed to become indebted to a larger amount for the erection of a court house or jail; and provided further, that any county, city, town, township, school district, or other political corporation or subdivision of the state, incurring any indebt- edness requiring the assent of the voters aforesaid, shall before or at the time of doing so, provide for the collection of an annual tax suf- ficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for payment of the principal thereof, with- in twenty years from the time of contracting the same. ARTICLE XI EDUCATION. SECTION i. A general diffusion of knowledge and intelligence be- ing essential to the preservation of the rights and liberties of the peo- ple, the general assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this state between the ages of six and twenty years. SEC. 2. The income of all the funds provided by the state for the support of free public schools shall be paid annually to the several county treasurers, to be distributed according to law ; but no school dis- trict in which a free public school has not been maintained at least three months during the year for which the distribution is made shall be entitled to receive any portion of such funds. SEC. 3. Separate free public schools shall be established for the education of children of African descent. SEC. 4. The supervision of instruction in the public schools shall be vested in a "board of education," whose powers and duties shall be prescribed by law. The superintendent of public schools shall be presi- dent of the board ; the governor, secretary of state and attorney-general shall be ex officio members, and, with the superintendent, compose said board of education. SEC. 5. The general assembly shall, whenever the public school fund will permit, and the actual necessity of the same may require, aid and maintain the state university now established, with its present de- partments. The government of the state university shall be vested in the board of curators, to consist of nine members, to be appointed by the governor, by and with the advice and consent of the senate. Sec. 6. The proceeds of all lands that have been or hereafter may be granted by the United States to this state, and not otherwise ap- propriated by this state or the United States; also, all moneys, stocks, bonds, lands and other property now belonging to any state fund for purposes of education ; also, the net proceeds of all sales of lands and other property and effects that may accrue to the state by escheats, from unclaimed dividends and distributive shares of the estates of deceased persons; also, any proceeds of the sales of the public lands which may have been or hereafter may be paid over to this state (if congress will consent to such appropriation) ; also, all other grants, gifts or devises that have been or hereafter may be made to this state, and not other-- wise appropriated by the state or the terms of the grant, gift or devise, shall be paid into the state treasury, and securely invested and sacredly preserved as a public school fund; the annual income of which fund, together with so much of the ordinary revenue of the state as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining the free public schools and the state uni- versity in this article provided for, and for no other uses or purposes whatever. SEC. 7. In case the public school fund now provided and set apart by law for the support of free public schools shall be insufficient to sustain a free school at least four months in every year in each school district in this state, the general assembly may provide for such defi- ciency in accordance with section eleven of the article on revenue and taxation, but in no case shall there be set apart less than twenty-five per cent, of the state revenue exclusive of the interest and sinking fund, to be applied annually to the support of the public schools. SEC. 8. All moneys, stocks, bonds, lands and other property be- longing to a county school fund; also, the net proceeds from the sale of estrays; also, the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of the state, and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and be securely invested and sacredly preserved in the several coun- ties as a county public school fund; the income of which fund shall be TO; faithfully appropriated for establishing and maintaining free public schools in the several counties in this state. SEC. 9. No part of the public school fund of the state shall ever be invested in the stock or bonds or other obligations of any other state, or of any county, city, town or corporation ; and the proceeds of the sales of any lands or other property which now belongs or may hereafter belong to said school fund, shall be invested in the bonds of the state of Missouri or of the United States. SEC. 10. All county school funds shall be loaned only upon un- encumbered real estate security of double the value of the loan, with personal security in addition thereto. SEC. II. Neither the general assembly nor any county, city, town, township, school district or other municipal corporation shall ever make an appropriation, or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, col- lege, university or other institution of learning, controlled by any relig- ious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town or other municipal corporation, for any religious creed, church or sectarian purpose whatever. COURSE OF STUDY FOR RURAL AND VILLAGE SCHOOLS INTRODUCTION. This course of study is published for use in the rural schools of Missouri with the hope that every teacher will study it carefully and be helped thereby. The pur- poses are: 1. To unify and harmonize the school work in the State by furnishing a stand- ard and a basis by which more effective articulation of schools and better results may be accomplished. 2. To enable school boards and patrons to know more definitely what is being done in their schools and furnish them a means of comparison. This will lead to a better understanding of the relation of teacher and patron. 3. To enable teachers to know when they are doing really good work. Many teachers who honestly believe they are now teaching effectively will be undeceived when they have a means of comparison. 4. To encourage pupils to complete the common school course and go on to some higher institution of learning or better, to lead to the establishment of many rural high schools. 5. To lead to proper gradation and better classification of the schools and to train pupils to observe and give proper expression to their observations. 6. To provide a means by which records may be kept so that a new teacher may, at once, take up the work where the preceding teacher left off. This lack of proper records is a waste of time and money that school boards should stop at once. 7. To help the schools to accomplish much more. It is believed that all the formal subjects may be taught to better advantage through a proper correlation of Nature Study and Literature, and in addition thereto the children in eight years, of six or eight months to the year, may become familiar with all the elementary sciences and gain a pretty thorough acquaintance with our best literature; and above all else, they will be trained to observe and to appreciate good literature. With these purposes in view, every teacher who uses this course is requested to make an honest, faithful effort to follow its suggestions. It should not, perhaps, bo slavishly followed; it should rather be adapted. In its preparation, the aim has been to strike the golden mean. It will not measure up to the high conceptions of the most progressive teachers; still, many will consider it too advanced. Friendly criticism is invited to the end that at each revision the course may be improved. Most respectfully, W. T. CARRINGTON, State Superintendent of Public Schools. ALTERNATION OF WORK. In rural schools it is necessary to combine classes in order to minimize the num- ber of periods of recitation. Alternation is the systematic and regular union of two grades of pupils, both grades doing the work of one year in one class, while the other year's work is omitted. The next year the work omitted is taken up and the first year's work dropped. In this way each pupil does all the work of the course, but not al?. in the same order, and the number of classes is diminished. In the first and second years there can not be much alternation. Classes in writing, drawing, and nature studies should be combined. In the third and fourth years all of the work may be alternated, with the pos- sible exception of arithmetic. But all pupils who have mastered addition, subtraction, multiplication and division of integral numbers, simple and compound, fractions, com- mon'and decimal, may belong to the same class in arithmetic. It is not necessary that every pupil who begins to read in the third reader should begin with the first lesson in the reader. There should be only one third reader class which will be composed of pupils who have already spent a year reading in that book, and of pupils who are just beginning it. Every pupil should spend practically two years in the third reader, using as much supplementary reading as possible during the time. The language lessons are so arranged that pupils may take up the work of the fourth year before that of the third. This year all pupils in the "C" class should study the language work of the third year; next year all pupils of the "C" class should study the lan- guage work of the fourth year. The writing and drawing of the "D" and "C" classes may be combined. In the fifth and sixth years all subjects may be alternated. In some localities it may be found difficult to combine classes in arithmetic; but there should certainly not be more than three arithmetic classes for third, fourth, fifth and sixth year pupils. If possible the number should be reduced to two. In the seventh and eighth years there will be no trouble whatever in making alternations all along the line. To illustrate, there is given below parallel courses of study for the seventh and eighth years, each year being so arranged as to bo entirely independent of the other. The "A" class should study the seventh year work in 1903, and the eighth year work in 1904. SEVENTH YEAR. EIGHTH YEAR. "Literature and reading. Literature and reading. Grammar (etymology). Grammar (syntax and analysis). Arithmetic (percentage). Arithmetic (mensuration). U. S. History. Civil Gov. and History of Missouri. Physiology. Practical Agriculture. Rural schools may provide for a two years' high school course on this principle of alternation, by alternating the study of English and American classics with rhet- oric; physical geography with zoology; ancient history with English history; and elementary algebra with concrete geometry. DIVISION INTO QUARTERS. Each year's work is divided into quarters instead of months. A six months' school will have six weeks to the quarter; an eight months' school, eight weeks to the quarter; and a five months' school, five weeks to the quarter. The work is outlined on the theory that in a six months' school the work may be done well; in an eight months' school it may be done thoroughly; in a five months' school, with a small at- tendance, the work may be accomplished fairly well. School boards providing only four months' school in the year should not expect the teacher to finish the entire work of the year. no In many Instances the work may be alternated by quarters, as well as by years. Schools with short terms should devote ten or twelve years to the completion of the course mapped out for eight years. I should not recommend that any school devote less than six weeks to the quarter. Four and five months' schools should undertake to do only one-half or three-quarters of the work during the year. EXAMINATIONS AND WRITTEN REVIEWS. Language has two forms, oral and written. The written form is frequently neg- lected, especially in rural schools. Teachers should have frequent written reviews and quarterly examinations. Quarterly Examinations. In view of the fact that schools are of unequal length and that examinations should not be too frequent, it is recommended that every school have written examinations on the last Friday in October, December and February of each year. The Sate Superintendent will prepare questions for examinations on *these dates and furnish them to county commissioners and superintendents to be distrib- uted by them to the teachers. In such counties where the commissioner does not, or can not, take hold of this work, these questions will be mailed direct to teachers upon request. Township Examinations. It is hoped that there is in every township (municipal or congressional) an organization of teachers. At some central point in each township there should be held an annual examination of all seventh and eighth grade pupils in the schools of the township. This examination should be held by a member of county board of education or by a committee selected by the teachers of the town- ship. This examination should be held on some Saturday in March. The State Super- intendent will prepare questions for this examination also, and furnish them to per- sons authorized to conduct examinations. Papers should be graded, results tabulated and sent to county commissioner. All pupils who have finished the entire common school course and pass a township examination satisfactorily, should be given certifi- cates entitling them to enter the county examinations. This should be made an occa- sion for comparison of work. In this way teachers and directors may become better acquainted and every teacher's ability, to get good work done, may be tested. County Examinations. A final county examination should be held by the county board in April or May at the county seat, or at some other designated place, for all pupils recommended for graduation by the township committees. The questions for these examinations will be furnished by the State Superintendent. It is not necessary that all schools should close at same time. Pupils may be admitted to either town- ship or county examinations from schools that have closed some weeks earlier or will close some weeks later. The State Superintendent will prepare a neat "Certificate of Graduation" from the common school course, signed by himself, the county commissioner or other ex- aminer, and the teacher certifying that the holder has completed such course and is entitled to enter any high school or academy in the State. This means complete articulation of schools, from lowest to highest. County commissioners, teachers and school boards are earnestly urged to take hold of this feature of the work. DIRECTION FOR EXAMINATIONS. 1. Teachers should see that everything is in readiness for the examination before the day arrives. Good paper, pens and ink should be furnished by the school board. In the township examinations the school at which the examination is held should fur- nish ink, while each pupil provides his own paper, pens, pencils, etc. 2. The examination should begin promptly in the morning of the day appointed. The questions may be placed on the board, or dictated as most convenient. 3. The pupils should write on both sides of the paper when necessary to com- plete a subject. Ill 4. The answers should be numbered in Roman characters to correspond with the questions. Place numbers in the center of the page above the paragraphs. 5. Everyone should endeavor to do neat work, to use capitals and periods prop- erly, and to spell correctly. Good language is evidence of scholarship. 6. These examinations, to be fair tests of the progress of the pupils and to be valuable to teachers and parents, must be fairly and honestly conducted. No aid whatever should be given. No questions should be answered and no suggestions made that will in any way hint at information required in the examination. Do not let your kindheartedness, nor your desire for high marks for your pupils, betray you into wronging them, or their parents, by telling them they know that which they do not know, and raising them above the plane to which they really belong. Consider the moral effects of such a course on yourself and on your pupils. Do not deceive "by false grades. 7. The teacher, without marring the paper, will place above each answer, near the Roman character, its grade (on a scale of 100 for the entire paper), and at the beginning of each paper write the sum of these grades. Mark closely, considering not how much information has been given in the answer, but whether it is the exact in- formation called for. After grading, return the monthly examination papers to the pupils in class, and require them to note their own mistakes. Permit no change. After inspection, papers should be collected and a permanent record made of the grades of each pupil. 8. Some of the best papers in the quarterly examinations should be taken to the township meeting as a means of comparison and displayed for the benefit of other teachers, patrons and pupils. Some of the best papers in the township examinations should be taken to the county examinations and kept on file in county commissioner's offce for the inspection of the public. Some of the best papers of the copnty examinations should be for- warded to the State Superintendent. He will have them bound in volumes of conveni- ent size and kept as a part of the permanent records of the office. RECORDS. School boards should furnish books in which satisfactory records may be kept and see that the teacher leaves a permanent record of the exact amount of work done by each pupil. This will save so much time for the next teacher and show that pupils who do not attend regularly and for full term, can not be promoted. Uniform records will very greatly assist in the progress of the rural schools. The reverse side of the term reports is arranged for an individual report of the pupils, to be left with dis- trict clerk and filed in duplicate with the county commissioner. SCHOOL LIBRARY AND SUPPLEMENTARY READING. A small school library is necessary in order that the work suggested in reading, language, history, literature and nature study may be properly done. Books are suggested along in different parts of the course, and in the list appended to this, course selected from the official library list. School boards must expend a few dollars every year for good books and supple- mentary reading matter; the law demands it. Annual meetings may vote for levy for library, but the directors must purchase necessary supplementary books out of the Incidental fund, spending not less than five cents per child enumerated in the district. (Session Acts 1901.) OUTLINED COURSE OF STUDY. CLASS D. (First and Second Years.) a. Reading, Spelling, Language. b. Numbers. c. Writing and Drawing. d. Nature Study and Literature. 112 CLASS C. (Third and Fourth Years i a. Reading and Spelling. b. Language (DeGarmo). c. Arithmetic (Fourth year Milne's Elementary). d. Nature Study and Literature. CLASS B. (Fifth and Sixth Years.) a. Reading (Fourth Reader). b. Spelling. c. Language (DeGarmo). d. Arithmetic (Milne's Standard). e. Nature Study and Literature. CLASS A. (Seventh and Eighth Years.) a. Literature (Fifth Reader and American Classics). b. Grammar (Patrick's Lessons). c. Arithmetic (Milne's Standard). d. U. S. History and Civil Government. e. Physiology and Practical Agriculture. EXPLANATION The subdivisions in each class, numbered a, b, c, d, etc., arc the separate recitations each class should have. Spelling and Language should be com- bined with reading in Class "D" and there will be necessarily two divisions., one In the first reader and one in the second. In this work each subdivision should recite at least four times each day, from ten to fifteen minutes each time. In Class "C" Reading and Spelling are combined and there will necessarily be in this class some pupils who have gone over part of the work before. Third and fourth year pupils must be kept together in this work to prevent multiplication of classes. Class "C" should recite Reading and Spelling at least twice each day, for fifteen min- utes each time. The writing and Drawing work of this class may be combined with the same work of Class "D" arid not more than fifteen minutes each day devoted to them. There should be regular classes for nature work and literature for all three of the Classes D, C, and B. The classes in History and Civil Government for Class "A" should alternate. One of these subjects one year and the other the next. DAILY PROGRAMME OF RECITATIONS. 8:50 a. m Opening Exercise 10 minutes 9 :00 a. m Reading (Beginners) 10 minutes 9 :10 a. m Second Reader (Spelling and Language) 10 minutes 9:20 a. m "A" Arithmetic 20 minutes 9:40 a. m "B" Arithmetic 15 minutes 9:55 a. m "C" Arithmetic 15 minutes 10:10 a. m Primary Numbers 15 minutes RECESS. 10:35 a. m Physiology or Practical Agriculture 15 minutes 10:50 a. m Fourth Reader 15 minutes 11:05 a. m Third Reader (Spelling) 15 minutes 11:20 a. m "D" Nature and Literature lessons 20 minutes 11:40 a. m . "A" Fifth Reader and Literature 20 miuntes NOON. 1:00 p. m Singing (Entire School) '.. ... 5 minutes 1:05 p. m Reading (Beginners) 10 minutes 1:15 p. m Second Reader (Spelling and Language) 10 minutes 1:25 p. m "C" Language 15 minutes 1:40 p. m "B" Language 15 minutes 1:55 p. m "A" Grammar ...20 minutes 2:15 p. m Writing and Drawing (Entire School) 20 minutes RECESS. 2:45 p. m "B" Spelling 10 minutes 2:55 p. m Reading (Beginners) 10 minutes 3:05 p. m Second Reader (Spelling and Language) 10 minutes 3:15 p. m "C" Nature and Literature lessons 15 minutes 3:30 p. m "B" Nature and Literature lessons 15 minutes 3:45 p. m U. S. History or Civil Government 15 minutes READING. Reading is the most important of the school branches. Reading is getting thought from the printed page readily, fully and accurately. The teacher is responsible for both how the pupil reads and what he reads. These are dependent upon the pupil's interest in the reading lesson; therefore, the attention of each pupil must be gained and held throughout every exercise. When the child enters school he has quite a vocabulary of spoken words only. The teacher should learn much of this vocabulary during the first few days, and present in the first lessons only such words as are familiar in idea. The teacher should grad- ually lead to the discovery that ideas are also represented by written or printed sym- bols. This is accomplished through repeated association of the printed form with the spoken word. Use blackboard freely. Don't take up the book too soon. The longer pupils are kept reading from the blackboard and chart the better they will read when put into the book, if the teaching has been toward the book. READING AND SPELLING. First Year. Chart and First Reader. First Quarter. Using chart or blackboard teach fifty words by phonic-Word method. Order: 1. Using objects impress the idea. 2. Drill on oral expression of idea. 3. Write the word. Second Quarter. Continue use of chart or blackboard. Review words learned and add thirty new words. Read to Lesson XXV, page 30, Primer. Third Quarter. Head to Lesson XXV, page 66, First Reader. For supplementary reading write sentences on the blackboard, using words already learned. Fourth Quarter. Complete Primer and First Reader. Ready recognition of words and correct expression are the essential elements in reading; both result from experience. Great care and patience should be exercised in drilling pupils frequently on the recognition and pronunciation of words. Keep a list of all words introduced and write short, expressive sentences, unlike those found in the reader, containing these words, and use such sentences for exercise in signl reading. When the use of the book is begun, be sure to drill thoroughly on each new word before allowing the pupil to attempt to read. Insist upon proper positions, deep breathing and distinct enunciation. S L 8, U4 Teach the long and short sounds of the vowels, also sounds of the consonants, with their proper diacritical marks. If possible, procure a copy of the Hiawath^ Primer and use it for sight reading exercises during third and fourth quarters. Before the pupil can read well he must know the words at sight and pronounce them without hesitation; he must know the meaning of the words both individually and in the context. The teacher must drill pupils in rapid accurate recognition of words and phrases, in oral enunciation of words and phrases, and especially on the unfamiliar words of the coming reading lesson. Real power to read is acquired by the pupil through exercises in sight and silent reading so easy that the pupil can compre- hend without the aid of the teacher. These exercises should be frequent, varied and informal. For this purpose select supplementary reading and literature of a grade lower than the text in use. Pupils, even those who are not studious, will pore silently. of their own accord, over stories of heroism, travel and adventure, descriptions and narrations that come within the sphere of their own experiences, and they will take pleasure in reading aloud to their companions stories that they have found so inter- esting. Under such conditions pupils will read with expression because they have ideas to express. Second Year. Second Reader. First Quarter. To Lesson XV, page 42. Second Quarter. To Lesson XXXII, page 77. Third Quarter. To Lesson LIV, page 136. Fourth Quarter. Complete the book and review. Much attention should be given to articulation during this year. Give frequent drills in articulation and pronunciation, using the tables in the first part of the book, and the lists for pronunciation and spelling throughout the book. Make other lists, marking the words diacritically. For spelling, alternate oral and written exercises, using the lists given at th*e beginning of the lesson and other words selected from the body of the lesson. Teach phonic spelling in connection with each lesson in reading. During this year have pupils master the diacritical markings of all the vowels. For exercises in sight reading use Cyr's Second Reader; one copy of this book is suffi- cient for the purpose. Third Year. Third Reader. First Quarter. To Lesson IX, page 37. Second Quarter. To Lesson XVI, page 58. Third Quarter.-To Lesson XXIV, page 82. Fourth Quarter. To Lesson XXXII, page 106. Fourth Year. Third Reader (Con.). First Quarter. To Lesson XLII, pags 138. Second Quarter. To Lesson LIII, page 173. Third Quarter. To Lesson LXI, page 204. Fourth Quarter. Complete the book and review. Give much attention to word mastery. Give frequent drills in pronunciation of the more difficult words. Teach pupils to use the dictionary in determining the pro- nunciation and meaning of words. Make frequent use of charts found on pages 11 and 12,, also of exercises in articulation .emphasis, inflection and phrasing, pages 12-15. For spelling use lists at the beginning of the lesson, also words selected from thb body of the reading lessons and other lessons. Make the pronunciation and, meaning of every word plain, by diacritical marking and by use in sentences. "5 A complete key to pronunciation should be learned during this period. For sup- plementary reading and exercises in sight reading, use "Heart of Oak," Book III. (See List of Library Books.) Fifth Year*. Fourth Reader. First Quarter. To Lesson XIII, page 82. Second Quarter. To Lesson XXVI, page 126. Third Quarter. To Lesson XXXVI, page 158. Fourth Quarter. To Lesson XL VII, page 190. Increasing attention should be given to cultivating a taste for the best style in literature, both as to thought and manner of expressing it. In the preceding grades this has been done unconsciously by the character of the reading lessons. Now the teacher should make a more direct effort. This can be done by making the reading lesson the basis for the exercise, given under language lessons, in the study of "Fig- urative Language," "Paraphrasing" and "Synonyms." Do not, in the interest of this work, neglect the art of reading. Insist upon distinct enunciation, correct pro- nunciation and proper expression by tone, inflection, emphasis and pauses. Sixth Tear. Fourth Reader (Con.). First Quarter. To Lesson LX, page 227. Second Quarter. To Lesson LXXIII, page 265. Third Quarter. To Lesson LXXXIII, page 299. Fourth Quarter. Complete the book. Study carefully "General Directions" on page 38 and make good use of them. Pages 11 to 37, inclusive, are very important; do not fail to use them to the best pos- sible advantage. The exercises for drill in articulation, grouping, inflections, force and emphasis are especially important. Emphasize thought-getting before expression. Spell and define lists of words found in the book and make other lists from vari- ous lessons. Encourage pupils to use the dictionary. Give many exercises in sentence making for the purpose of impressing the meaning of words. Begin word building and word analysis, using tables of prefixes and suffixes found on pages 331 and 336, inclusive. Give much time to telling and writing the lesson story. Have different pupils read an entire lesson, having made special preparation. Make this the reading lesson frequently. Review constantly. If possible procure a few copies of "Heart of Oak," Book IV, and use them for supplementary reading. LITERATURE AND READING. Seventh Year. Classics and Fifth Reader. First Quarter. Have pupils buy and study carefully Hawthorne's "Three Golden Apples" (5 cent edition List of Library Books), and select lessons 2, 4, 9, 13, 19, 20, 31. 35, 36, 42, 43, 47, 50, 57, 60, from the fifth reader. Do not try to take the lessons as they are arranged in the book. These fifteen lessons have their setting in nature. Study them as literature, the lesson taught, the beauties of expression, figures of speech, and lives and writings of the author of each. Second Quarter. Have pupils own and study "Audubon" (5 cent edition), and select lessons 11, 17, 18, 30, 39, 40, 51, 53, 56, 61, 107, 113 and 116 from fifth reader. These lessons are concerning patriotism. Continue to study as literature as in the first quarter. At times have the entire school listen to the reading or reciting of some of these best pieces. Close quarter with an essay from each pupil on patriotism. Third Quarter. Study carefully the classics "Thanatopsis and other poems" (5 cent edition), and these lessons from fifth reader: 6, 24, 25, 26, 29, 32, 48, 78, 91, 93., Ill, 129 and 130. Make these lessons teach a deep respect for the men who have made our nation great. Study carefully Franklin's style. Fourth Quarter. -Study "The King of the Golden River" (5 cent edition), and lessons 3, 8, 15, 23, 27, 28, 41, 58, 70, 74, 87, 96, 104 and 110, in the fifth reader. These lessons should touch the children in such a way as to cultivate "good morals and gentle manners." Careful attention should be given to Prof. Bailey's "Essentials of Reading," found on pages 13-46 of fifth reader. Eighth Year. Literature and Fifth Reader. First Quarter. Get five cent copies of "Evangeline" and study it thoroughly. The more the pupils commit of it the better. Give special credit to pupils who will commit it and study following fifth reader lessons: 34, 62, 64, 68, 69, 72, 76, 77, 79, 84, 88, 89, 92, 102, 118, 119, 120 and 126. These are most excellent lessons with which to teach and im- press children with a love for nature and to cultivate a taste for good literature the two best tests of good teaching. Second Quarter. Irving's "Sketch Book" should be thoroughly studied for the nar- rative, for the plain but beautiful style, and for the words. After this select all les- sons from the fifth reader written by Irving, Addison, Bunyan, Carlyle, Lamb, Macaulay and Ruskin, and study the lives and writings of all these men. Have dif- ferent pupils read something from one of them and report it to the class. Third Quarter. Get Whittier's "Snow Bound and Other Poems" (Houghton, Mifflin & Co. 15c.). Select poetry from the fifth reader and spend this quarter making a special study of poetry and poetic style. (See fifth reader, pages 53-60.) Fourth Quarter. Get Shakespeare's "Merchant of Venice" in cheap form and make a special study of the Shakesperian Drama. Read selections in the fifth reader from this author and such other selections as you may find time for. Give special atten-. tion to pages 47-52 and 431-432 of the fifth reader. Divide the selection into its parts or scenes. Describe and explain each part in full. Show how the parts harmonize and are related. Note the effect upon the main idea of omitting any part. By the comparison of selections from authors in the same class, note the pecul- iarities of style that distinguish each, explain why one is more -pleasing than another. Study the allusions, suggestions, derivation of words, and historical references that make clearer the thought in the selection but do not weary the class with this. The main thing to be aimed at should be to lead the class to understand clearly and-- fully the meaning of the author and to appreciate the beauty, the nobleness, the just- ness or the sublimity of his thoughts and language. Literary criticism can not give this appreciation; it must be the result of all the teacher's work in all the branches in all the grades in developing beauty, noble-, ness, and sublimity in the life and character of the pupil. SPELLING. Many intelligent observers criticise the schools more on account of spelling; than any other work. The older methods put much stress on oral spelling from a text-book and dwelt on careful pronunciation and syllabication. All of this was ex- tremely meritorious work. It was too mechanical, however. Sound was too fre- quently taken for sense. The other extreme has been practiced in modern methods. Too much careless written spelling has been done careless because done hurriedly and in a way to make poor penmen. Form, sometimes wrong, has been deeply im- pressed on children to the exclusion of correct pronunciation and syllabication which come through thorough and careful drill in oral spelling. While the outline provides for use of text-book in the fifth and sixth years only, it is recommended that pupils be put into the "oral spelling class" as early as possible and kept there until they spell well even if that is through the eighth year. In the third and fourth years M7 especially take special pains to drill pupils in "sounding" words, in syllable making and recognition of prefixes and suffixes and thus in word-making. Fifth Year. Sever's Progressive Speller. First Quarter. Lessons 101 to 135, inclusive. Second Quarter. Lessons 136 to 170, inclusive. Third Quarter. Lessons 171 to 205, inclusive. Fourth Quarter. Lessons 20G to 240, inclusive. Sixth Year. Sever's Progressive Speller. First Quarter. Lessons 241 to 271, inclusive. Second Quarter. Lessons 272 to 301, inclusive. Third Quarter. Lessons 302 to 331, inclusive. Fourth Quarter. Lessons 332 to 361, inclusive. Review frequently. In order to spell well it is necessary for the pupil to ob- serve accurately and remember perfectly. Alternate oral and written exercises. Test frequently in articulation and dia- critical marking. Drill the pupils in dividing words into syllables and marking the accent. Study and illustrate definitions of prefix, suffix, primitive, derivative and com- pound words. Give exercises in word building and word analysis. In the recitation require pupils to give definition of the word spelled or to illus- trate its meaning by use in a sentence. Make tables of synonyms and homonyms and distinguish their meanings. Require all poor spellers of higher grades to study and recite with this class. Intelligent drill is the key note. Mark all misspelled words in your pupils' writ- ten work. Keep a list of these words and use them in an occasional spelling exer- cise. At the end of the year the teacher should have a list of all the words mis- spelled during the year, having given the pupils a drill on them at least once a month. LANGUAGE. The teacher should have at least- two good primary language books and the lessons should be adapted to the class. Language must be connected with thought- getting. Do not permit the work to become mechanical, but let expression be free and easy. The reading, literature and nature studies will furnish all material necessary for first and second years. Require much copying and writing from dictation. Have oral expression of thought in connected form. Have pupils draw pictures of objects talked about. In all written work emphasize neatness in writing and correct spelling, punctu- ation, capitalization and paragraphing. Study these things in connection with read- ing. Make every lesson a language lesson. Third Year. De Garmo. Bk. I. Part 1. First Quarter. Lessons 1-20. This chapter will be most interesting if teacher will study carefully what the author says to the teacher in the preface and in the notes "to the teacher," on nearly every page. Second Quarter. Lessons 21-52. So far the main object has been to teach things to pupils and to guide them in proper recognition of forms in giving expression. Con- nect this with nature studies. Third Quarter. Lessons 53-75. These lessons teach letter writing and a study in classification. Read the entire story of Robinson Crusoe to the children and work out most interesting and fascinating composition exercises from it under direction of book. Fourth Quarter. Lessons 76-91 and review. These lessons continue the story of Robinson Crusoe. If the teacher can find time to use "Ten Boys," (see List of Library Tl8 Books), in similar manner to directions for use of Robinson Crusoe, it will be most excellent work. This can be done in long term schools. Fourth Year. De Garmo. Bk. I. Part II. First Quarter. Lessons 1-16. The teacher should have "The History of John Smith's Life" and "Aesop's Fables" and have pupils read them. Do more in the his- toric line than the book provides. The story of Columbus is also a good one to use here. Do not neglect the exercise on the sentence and parts of speech. Second Quarter. Lessons 17-39. The teacher must emphasize the correct use of the pronoun this quarter and in addition thereto continue the use of the fables (excellent means of teaching morals) and the stories of John Smith and Columbus. Third Quarter. "Lessons 40-64. The author introduces "The Story of Ulysses." The teacher will do well who adds also "Homer's Stories for School and Home," which was prepared by Prof. F. A. Hall, of Washington University, St. Louis, to supplement the language lessons. Do not be afraid of getting too many interesting things for the children. They will revel in them, will write the stories in their own language, will tell them at home and learn to use good language. Emphasize good tense forms here. Fourth Quarter. Lessons 65-75 and review. The work of this quarter is not unlike that of the last except that emphasis is placed on modifiers in grammatic forms, etc. In all this work study to catch the spirit of the author and avoid the mere formal disposition of the subject matter. Fifth Year. De Garmo. Bk. II. Part I. First Quarter. Lessons 1-20. The teacher will notice that the general trend of the work for this class is the same as for the lower class. The new forms and modifica- tions are just a little more advanced. Use more of the fables and, in addition to the story of Lincoln, utilize the story of Washington. Second Quarter. Lessons 21-36. Many of these lessons will correlate nicely with the nature and culture studies, more especially in the observations and comparisons of animals. Third Quarter. Lessons 37-54. The author- uses "lie and lay," "sit and set," "like and as," as a means of securing correct forms of the verb; the teacher will find many more usually incorrect expressions to use in the same way. Fourth Quarter. Lessons 55-66 and review. Different parts of the "Story of Ulys- ses" are utilized here for composition and to teach sentence forms and the use of adverbs. As suggested before, carry "Homeric Stories" along with it. Sixth Year. De Garmo. Bk. II. Part II. First Quarter. Lessons 1-28. Second Quarter. Lessons 29-54. Third Quarter. Lessons 55-78. Fourth Quarter. Lessons 79-106. In this year the work of correlating composition work with good literature (bio- graphic and historic sketches) is continued. The Rip Van Winkle stories are but a type of many others found in Irving's Sketch Book. The Stories of Alexander and Diogenes will suggest many others to the teacher acquainted with ancient history. Along with the biography of Benjamin Franklin should come those of Jefferson, Madison, Hamilton, and many others. The study of animals will connect directly with the nature studies. There is enough grammar in the book, perhaps, but the live teacher will find time for more drilling than is provided. Preparation must be made for the adopted grammar and much depends on the teacher. GRAMMAR. Seventh Year. Patrick's Lessons. In view of the fact that many teachers do not find Patrick's Grammar teachable- due very largely to the fact that there has not been sufficient drill 'in lower grades IK) and to the further fact that the author has i ut some of the hardest things first it is thought best not to begin with the first of the book, and it is recommended that the teacher have Southworth and Goddard at hand for pupils and that Patrick's be very much supplemented. First Quarter. Lessons 5-11 supplemented from Southworth and Goddard's les- sons on nouns, pronouns and adjectives. Do not fail to drill on inflections. In recent years there has been much said against parsing. There is no thorough grammar teach- ing without it. Emphasize the parsing of nouns and pronouns this quarter. Second Quarter. Lessons 12-19. Here is a vast field for work and Patrick has given only an outline. Find much supplementary work in other texts for the chil- dren. Do not take anything for granted. They do not know the verb after studying it for years. Drill on conjugations and when you think the pupils know it, try it again. Third Quarter. Lessons 20-24 and supplement by having many, very many simplo sentences parsed. Fourth Quarter. Lessons 25-26 on participles and infinitives. While studying these have much declining and conjugating done and parse, especially the nouns, pronouns and verbs. Eighth Tear. Patrick's Lessons. First Quarter. 'Lessons 28-32. Supplement here as before. The work runs too rapidly into difficult forms. Second Quarter. Lessons 35-40. How much time should be devoted to letter writ- ing and composition will depend on previous drills. This work should be carried along through the entire course, but in nine schools out of ten, several weeks should be given to it here. Third Quarter. Wessons 1-4. This is sufficient if all the exercises are done. The children can not do much of the work until the teacher drills on the analysis of sen- tences. When these four lessons are well and thoroughly taught there is little left for the teacher in this grade to do. Fourth Quarter. Make a thorough study of difficult forms found in lessons 27 and 41. ARITHMETIC. First Year. Numbers. The following should be kept constantly in mind that children be given well defined ideas of number: (1) The psychological order of presenting the mathematical processes Is addition, subtraction, multiplication, division. (2) Counting is the fun- damental process it may be by units of measure or groups of units of measure. (3) The pupil must early learn to recognize, without counting, the number of objects in a group. (4) Begin the teaching of arithmetic with the use of things, but do not continue the use of things too long at the expense of the higher mental processes through which alone clear concepts of number can be formed. First Quarter. The object, for some weeks, is not so much to teach numbers, as to prepare the way. What is presented for one lesson is intended for many that the teacher's ingenuity must suggest. Do not fall into the error of thinking that children know all about one, two and three when they come to school. They do know some- thing, but not all, about them. To know a number is to know how to make all sorts of comparisons, combinations and partitions of it. Drill to secure correct forms of expression from use of signs. The Arithmetic for first to third year, inclusive, is adapted from "Longan's Method," a primary arithmetic by G. B. Longan, assistant city superintendent of schools, Kansas City, Mo. Read: + and; taken from, beginning with number on the right; = are with +; - leaves with -; X times, beginning with number on right, -4- how many (?) in (?) in con- 120 nection with , beginning with number on the right. Or -f- (?) is how tnany tun; s (?), beginning with the number on its left. 1 book -f- 2 books = 3 books.. 2 books 1 book 1 book. Place a large number of simple problems on the board and have pupils copy them. Lessons should be given with objects first, however. Have foot rulers. Let children draw three lines on the board the length of the ruler in different positions and in straight line: Drill in all sorts of combinations and subtractions, calling them lines and feet, and arrange board work for pupils to copy. Take yard sticks and treat in same manner. Make both foot and yard as units and teach that 1 foot = % yard; 2 feet = % yard; 1 foot X 2 = % yard. Use other objects in same way. Adding to and taking away the objects, have pupils recite in good form. Put lines on board; erase and replace so as to make all possible combina- tions. Study four in like manner through the use of the liquid measure. Have supply of gallon, half gallon, quart and pint measures and a bucket of water. Let children measure out water and learn that 1 pt + 1 pt = qt; 1 pt + 1 qt = 3 pts; 1 pt + 2 pts = 1V 2 qts; 1 pt + 3 pts = 2 qts, etc Do not think one lesson in this is sufficient. Persist with the concrete work and give much seat work, such as: 4 pts 1 pt = (?) pts; 1 qt + 2 pts (?) pts; 2 pts + 2 pts = (?) qts; 1 qt -f (?) qts = 1 gal; 1 gal 2 pts = (?) qt; 3 pts + (?) pts = 2 qts. Confine the work in this quarter to the number four. Second Quarter. Continue the work of the first quarter and use many practical problems: In 2 gallons how many % gallons? In % gallons how many quarts? In % yard how many % feet? 1 gallon X 2 = (?) y z gallons? And then go to abstract problems 1 = ?/ 1% = ?/ 1 = ?/ 2 = ?/ ; 1 % = ?/ , etc. /I /2 /3 /3 /3 Make dozens of problems like the following: A man had a gallon of cider and sold a quart; how many quarts had he left? A pint of nuts is worth two cents; what is a quart worth? Have a supply of coppers and nickels and dimes. With these teach five, combina- tions of fives and parts of five. There is no limit to the amount of work an ingenious teacher may do for her pupils here. Do not neglect the use of the measures. Persist in using them and in having children use them. Good results can not be expected until children are made thoroughly familiar with units of measure. Third Quarter. Have rulers six inches long divided into inches and marked on op- posite side "Y2 ft." Get pupils to draw on board lines 1 in. long, 2 in. long, 3 in. long. Put them together in all sorts of ways to make combinations of six and numbers below six. Show parts of ft., parts of Vz ft., etc. Place parts together for sums; take them apart for differences. Do not neglect board and seat work. Use many kinds of objects to illustrate this work: Pint and quart measures, pieces of money, etc. The class work should prepare pupils for slate work. Group objects and have pupils see groups and not count by single units. Get children to sec how many 2 inches in 6 inches, how 121 many 2 pints in 8 pints, in 1 gallon; how many 5c. nickels, in 1 dime, in 2 dimes. Use following scheme for slate and blackboard work: 1 ftl 5 c.l 12inl H ft I 3c. I 6 in I Y 3 ft | 2 c. I 3iS[=< ? > ft - g ffh( ?)in I J-j-=(?) nickels. 8 in I fc ft 60. I 2 in I 1-6 ft | 7 c. I 1 in j 5-6 ft J 8 c. J Teach what linear measure, liquid measure, dry measure and money measure are used for. Introduce here the peck and bushel measure, and review thoroughly with it. Fourth Quarter. Take time measure to teach seven. Using day as unit build up the week; using week as unit, teach sevenths. Teach eight by means of dry measure, quarts, pecks, bushels and by the scale in music. Teach nine principally through linear measure. Liquid and dry measure may be made to serve here also. Teach ten with money. That will be easy now. Make hundreds of practical prob- lems concerning the farm, its products and marketing. Take children to store and make problems concerning ribbon, calico, cloth, etc., concerning things that are bought and sold by the bushel or by the gallon and their parts. Begin to make tables in addition, subtraction, multiplication and division, using fractions as well as whole numbers. Second Year. Numbers. First Quarter. Teach 11-15, inclusive. Let the work be objective still, but lead more rapidly to mental solution. Have pupils make and illustrate in concrete way many abstract problems. Teach pupils to make problems. Let problems and units used be those of practical and industrial necessity, not those frequently used, such as: tooth- picks, shoe-pegs, marks, apples, grains of corn, etc. Do not fear using objects and measuring instruments too much. Water may be used for milk, cider, syrup, etc.: sand for corn, wheat, apples, etc.; strings for ribbons and dress goods; buttons, for money. Take each number through the three stages. The development, the use and the drill. Aim at accuracy of expression as well as of thought. Drill for thoroughness and rapidity. "Form a line, using twelve one foot measures. Let a sufficient number of pupils stand before the class to hold the measures up in line, end to end. Separate the line in the middle. How long is this part? How long is that part? How many sixes of feet in twelve feet? What part of the whole line is this part? What part of the whole line is that part? One-half of twelve feet are how many feet? Two halves of twelve feet are how many feet? Now break the parts three feet from this end; now three feet from this end. How long is the first part? How long is the second part? The third part? The fourth part? How many parts are there in the whole line? How many threes of feet in twelve feet? In six feet? In nine feet? How many yards in three feet? In six feet? In nine feet? In twelve feet? The teacher may now substitute four yard measures for the twelve foot measures and go over same line. Similarly show how many twos of feet in twelve feet. Second Quarter. Teach 16-22 inclusive and use avoirdupois and apothecary weights. Have scales in school, if possible; if not, go with children once or twice to a grocery or drug store and illustrate the work. Balances may be improvised by the teacher. Follow same general directions as given in first quarter. Third Quarter. Teach 23-30 inclusive. Introduce the rod as a unit of measure and have children measure distances near school house. Fourth Quarter. Teach 31-50 inclusive. Introduce square measure and how to meas- ure surfaces of blocks, tables, desks, walls, floors, yards, etc. 122 Third Year. Without Text. First Quarter. Teach 51-75 inclusive. As before, keep concrete work ahead of ab- stract, but have more abstract work than formerly. Teach pupils to solve such ex- amples as: (1) 12 plus y 2 of 12 multiplied by 2. (2) 12 1-3 of 12 divided by 4. Use such examples as a basis of problem making, as follows: A farmer had 12 pigs and bought one-half as many more and sold what he then had at $2 apiece. How much money did he receive? (2) A mother had 12 oranges and gave her son 1-3 of them and divided the remainder equally among her four girls. How many oranges did each girl get? Drill upon surface forms: Figure 1. A is what part of the unit? B is what part of A? of the unit? of A plus B' of A plus C? -of A plus the unit? Make problems based on such division. E Figure 2. Drill on adding and subtracting and taking parts. If 12 is the unit in figure 2, what Is A? What is C? What is A plus C? What is A plus B D? What is the unit A? What is the unit E? If 40 is the unit in figure 1, what are the several parts? Get ready for percentage by making 100 the unit. Have pupils to add columns of figures and to multiply by 3. Second Quarter. Teach 76-100 inclusive. Teach how to reduce fractions to a com- mon denominator. After reducing, add and subtract. Give equivalents in hundredth^ of %, i/i, 1-5, 1-10, etc. Teach pupils to multiply large numbers by 4 and 5 and to sub- tract where there is no "borrowing." Third Quarter. Continue the same kind of work as above. Teach to multiply by 6 and 7 and to divide by 3 and 4. Begin percentage and continue to end of year. Persist in furnishing many practical problems and in having pupils make them. Fourth Quarter. Add. longer columns. Subtract by easy "borrowing." Multiply by 8, 9 and 10. Divide by 5 and 6. Write such examples as (% of 15) plus (% of 24) equal? Require pupils to make problems, using above. Teach factors of numbers from 4 to 100. Fourth Tear. Milne's Elementary. Problems during this period should develop skill. To acquire skill there must be a thorough drill in the fundamental processes addition, subtraction, multiplication and division. The multiplication table, "the key to arithmetic," must be so thoroughly mastered that factors instantly suggest the product and vice versa. Teachers should remember that while emphasizing drill they should frequently 123 deal with the concrete and its measurement; pupils should constantly be called upon to interpret symbols and explain processes. With training for skill in computations there should be acquired increased skill in ana-lysis. An operation may be performed with only a partial knowledge of the reasons underlying its steps, but in the solution of a problem reasons must be given for each operation. First Quarter to page 138. Continue same kind of work as in previous year mak- ing work in multiplying and dividing more difficult until pupils can perform processes rapidly to 12. Drill on parts and run it into parts of 100 or percentage. White's Oral Arithmetic may be used to good advantage in this class. Second Quarter to page 179. Drill on fractions and problem making. Teach to write and read decimals and to perform simple operations with them. Do not forget to keep problems on board for pupils to solve and drill on proper forms of solution and correct explanations. Third Quarter to page 205. Spend much time in solving problems in measurements of surfaces and of solids. Teach to find areas and contents. Have a box of blocks of all sizes from % inch cube to 6 inch cube. These may be made at any saw mill or lumber yard. Use them to teach relations of numbers, ratio and proportion. Thor- oughly drill In sight work. Teach long division. Fourth Quarter complete text. Continue drills in all subjects taught, devoting Mondays to taking parts and in percentage, Tuesdays to ratio and proportion, Wed- nesdays to measurements, Thursdays to fractions and Fridays to rapid processes In simple numbers. This is according to Hall's spiral plan and should be used through the entire course as supplementary. Fifth Year. Milne's Standard. Clear ideas of number and skill in processes having been secured, training of the analytic judgment should receive greater attention. The previous study has been the art of arithmetic; it should now be studied more as a science. Definitions, prin- ciples, rules and formulas should now be developed. Each subject should be known for itself and for its relation to other subjects. Relation and interdependence should be carefully taught. First Quarter. To page 60. Second Quarter. To page 85. Third Quarter. To page 110. Fourth Quarter. To page 128. During the year White's Oral Arithmetic to page 55. Give frequent drills in no- tation and numeration. This year a full and complete mastery of addition, subtrac- tion, multiplication and division and of simple and fractional numbers should be acquired. At the time of reciting Oral Arithmetic do not have the problems written where the pupils can see them. The pupils should listen so that each may repeat the problem if required to do so. The pupil solving the problem should stand and give his own analysis, "the teacher warning him against illogical processes, but giving no set forms. Do not omit the practice in problem making. Sixth Year. Milne's Standard. First Quarter. To page 144. Complete common fractions. Use the "Review Exer- cises" in the book. Make others. Second Quarter. To page 170. Remember that a clear understanding of percentage depends upon thorough knowledge of decimal fractions. Drill. Drill. Third Quarter. To page 196. The work in compound numbers should be amply illustrated by having the children use the various weights and measures. (You can make or borrow them.) n>4 Fourth Quarter. To page 220. During the entire year use White's Oral Arithmetic to page 98. Much depends on how you use it. Seventh Year. Milne's Standard. First Quarter. To page 245. Let the first month be used in review. Do not fail to make clear the principles involved in each problem. Teach percentage analytically, reducing the percent to a common fraction. Have each problem solved from the pupil's own view-point. Avoid model solutions, patterns and recipes. Lead pupils to think. Second Quarter. To page 262. Give much supplementary work during this quarter in addition to emphasizing the corresponding work in White's Oral Arithmetic. Drill for accuracy and rapidity. Third Quarter. To page 289. Omit "Annual Interest," and "True Discount," and drill the pupils until they can readily write any of the simple forms of business paper, such as promissory notes, receipts, checks, drafts, etc. Fourth Quarter. To -page 312. During the entire year use White's Oral Arithmetic to page 146. Eighth Year. Milne's Standard. First Quarter. To page 342. Make it plain that simple proportion is an equality or simple ratios that may be arranged in direct or indirect order. Avoid the formal state- ment of problems by the rule given on page 318, and lead pupils to see relations. Second Quarter. To page 3G8. If you find your pupils do not grasp the principles involved in a given problem, simplify and drill until they are able to master them. This quarter's work gives you a rare opportunity to test the strength of your pupils in Arithmetic. Third Quarter. To page 394. Fourth Quarter. Complete the book. Complete White's Oral Arithmetic during the year, and review the most difficult points. DRAWING. The object of this course is an understanding of the type-forms in nature and art, the training of the powers of observation and the development of the aesthetic tasto and judgment. All teachers who have had no especial training for the work, should make a careful study of some text and develop a critical sense of form. A two-year course without a book is here arranged with the hope that its brevity and simplicity will so recommend it that teachers will give it a car'eful trial. Following lines sug- gested, the course may be easily extended to cover four or six years. Materials. Sheets of paper 6 by 9 inches, a soft lead pencil and a rubber eraser. Models. The course is so arranged that when leaf models are needed they will be in season. Other models may be made or procured from the homes. Interested pupils may be relied on to furnish their own models, if properly directed by the teacher. The order of procedure in the drawing of any model, is: First Sketch very lightly the general direction of any long linos that will aid in the construction of the drawing. Second. Using these guide lines, sketch lightly the approximate form desired. Third. Trim and add to the approximate until the true form is made. Fourth. Add details not already drawn as part of the general form. Fifth. Strengthen the desired outline and erase the constructive and misplaced lines. (Note.) The drawing should alternate with writing by days, weeks or quarters. 125 First Year. First Quarter: Straight and Curved Lines. 1. Horizontal lines, vertical lines, square, square with diagonals, true square with oblique square within, square with diameters, square with heart within square, square with differently formed rosettes within, etc. 2. Leaf Models. Pupils will collect and mount flatly on cards ten varieties of leaves for models. Draw only the principal veins and serrations. Second Quarter: Sphere and Spherical Models. 1. Drawing from true sphere suspended at the level of the eye. 2. Spherical fruits or vegetables used as models. Third Quarter: 1. Drawing of mixed models: Vase, dish, basket, box, etc. 2. Rectangular forms in horizontal, vertical or oblique positions. Fourth Quarter. Cylindrical and mixed models and their modifications. Vegetables, sections of wood, stems, ears of corn, etc. Second Year. First Quarter. Rectangular models in horizontal positions, below the level of the eye, showing front and top only. Cylindrical forms in different positions at the level of the eye. Second Quarter. Cubical forms at level of the eye, below level of the eye. Try some irregular forms, using pebbles or pieces of ore as models. Third Quarter. Use groups of models. Study the proper combination of objects into harmonious groups and draw. Fourth Quarter. Free hand drawing of simple blossoms or sprays, mounted upon cards. Make free hand drawing of mouse, cat, rabbit, and other simple animal forms. WRITING. The aim in school writing should be to train every child to write a neat, legible hand with facility. During the first three or four years attention should be given mainly to form, but, while learning to make letter forms neatly and accurately, the child should form writing habits which interpose nothing to prevent freedom in sub- sequent training. Beginning in Class B, there should be systematic training for free- dom and speed combined with continued care as to neatness and accuracy of form. Materials. During the first three months the blackboard and crayon supply the best materials for the child's practice. After that he should use, in addition, a copy book, practice paper, an exercise book for his general written work and a broad, smooth pen, or a good pencil with broad lead. The use of slates induces the worst kind of writing habits and should be avoided wherever possible. It is impossible for a child to write easily with a fine pen, but a broad smooth pen is the best instrument for all school writing. To Train in Accuracy of Form: 1. There should be a carefully written copy of the alphabets as given in the copy books at the top of each blackboard. 2. The teacher's blackboard writing should always be in harmony with the sys- tem taught, and should be a model of simplicity and neatness. The importance of this cannot be over estimated. It teaches all the time. 3. Use copy books regularly. For clearly impressing accurate percepts of letter- forms upon the mind, nothing can take the place of the copy book. A sheet of prac- tice paper may bo kept in the copy book and the copy written upon that until approved by the teacher, so that the book is a register of best work. In going through the book for the first time have pupils write only the first half of each page. The second half page written several weeks later should show distinct improvement. 126 4. Accept no careless writing in connection with any subject. More depends upon the writing: habit the child forms in his ordinary writing than upon the special lessons. 5. Keep constantly on exhibition some of the best written exercises of each grade, renew the material frequently and arrange to exchange samples with the best schools you know. 6. Encourage the first year pupils to write very large and to only gradually re- duce the size from year to year. Let them make print like forms and omit incon- venient joining lines if they wish, but have them group the letters closely and space the words well. To Train in Freedom and Speed: 1. Pupils should sit erect, the body self-supported, the elbow in the natural posi- tion near the side of the body so that there is no pressure upon the forearm. 2. To prevent cramping the fingers and pressing the side of fhe hand upon the desk or paper, insist upon pupils "writing with the fingers well up from the point of the pen, say an inch and a half. 3. From the beginning of desk writing at the commencement of each special les- son have pupils write large on practice paper for two or three minutes, some easy word with both hand and arm free from the desk. Follow this by much practice with the forearm slightly steadied upon the desk but the hand free. This special training gives the hand control necessary for freedom in vertical writing. . 4. In the fourth or fifth year begin to urge pupils to rapidity by timing them at first upon an easy word such as one, and or the, written upon practice paper to see how many times they can write it in a minute, preserving good form. In higher grades gradually increase the difficulty of the exercise to sentences of several words. After some training of this kind pupils using the natural system should, in the fifth year average twenty-five words per minute and in the eighth year upwards of thirty- five and should perceptibly carry the power so developed into their ordinary work NOTE. Practice paper should not be specially ruled. No one could write freely under such restrictions. VOCAL, MUSIC. If well managed the recitation in music will become one of the most delightful, beneficial and healthful exercises of the school. Rhythmic movements or sounds naturally attract children. An apt, industrious teacher will experience little difficulty in interesting children in music and making it a potent factor in their education. Much can be accomplished without a book in the hands of the pupils. We would advise, however, that if possible some simple text arranged for elementary schools be used. To be used effectively as an exercise book, it is necessary that the text be simple. The second book of nearly any series arranged for public schools will an- swer the purpose in a rural district school. Much depends upon the teacher's ingenu- ity and aptness in directing. The following outline is offered as suggesting what to do next. The series of exercises may be repeated an indefinite number of times and made a little more dif- ficult at each repetition: 1. Rote Songs: (a) To arouse interest; (b) To cultivate moral and aesthetic nature; (c) To develop tone perception and sense of rhythm and metre. 2. Tone E'aeercisqs: (a) To unite voices; (b) To cultivate voices; (c) To train the ear; (d) To introduce the scale. 3. Study of Scale as a Whole: (a) To fix the scale as a song or unit for tone re- lation; (b) To give impression of the variations -in seconds; (c) To fix order of tones ascending and descending and to distinguish them by name. 4. Practice: (a) To gain power in use of scale; (b) To gain power to assume tonic from any tone of given scale; (c) To give power to recognize tones when sung or played by teacher. 5. Notation: (a) Representation of whole scale; (b) Scale in different positions; (c) Facts relating to tone succession up and down; (d) Use of key signature to show location of key tone or tonic. 6. Simple note reading using scale successions up and down with key note in various positions. 7. Introduction of metre and corresponding signs and accents two and three part measures only. 8. Writing by pupils on staff of simple tone expressions (with key tone in differ- ent positions) from teacher's dictation. 9. Study of the Scale: (a) The key note up; (b) The key note down; (c) The leading tone; (d) The dominant; (e) The sub-dominant. 10. Simple Note Reading: (a) Scale succession only, down and up; (b) Simple skips; (c) With holds, rests and repeat marks. 11. Illustrate every lesson with the three classes of rote songs. 12. Tone Study: (a) For length; (b) For pitch; (c) For force; (d) For quality. 13. Study New Notations Notes and characters not previously studied. 14. Introduce new metres, and various representations (four and six part meas- ures.) 15. Introduce new rhythms including: (a) Note to beat; (b) Multiple beat; (c) Two notes to beat. 16. Study and practice two notes to beat, with all forms of rhythm previously studied, including the use of these rhythms with two, three, four and six part metre. 17. Apply Words to Music: (a) In simple one part songs; (b) In two part songs. 18. Study different varieties of metre 2-8, 3-8, 2-4, 3-4, 4-4. 19. Introduce unevenly divided measures as expressed by dotted note followed by complementary note. 20. Learn and practice devotional and patriotic songs of two and three parts. 21. Practice Music Writing: (a) From dictation; (b) Original phrases and periods; (c) Original phrases of two parts. 22. Exercises /or Voice Training: (a) For clear enunciation; (b) For rapid vocaliza- tion; (c) For pitch; (d) For force. 23. Practice part singing, using songs of two or three parts. 24. Introduce base clef and practice note reading thereon. 25. Practice singing choruses, quartet and chorus, soprano and alto duets, girls singing soprano and boys alto. NATURE STUDIES. Including Geography, Physiology and Agriculture. The first natural effort of the child is to interpret the material world with which his senses come in contact. The process begins with the babe and never ends. Be- fore the child enters school his fund of knowledge is of the things that are about him and with which he comes in contact from day to day. The desire to go, to see some- thing new, to know all about it, that which we sometimes call curiosity, leads naturally to investigation. The teacher who can wisely guide this desire has an easy task to get and to keep the child's interest at white heat. There is no better way of giving pupils so much useful knowledge than to guide them through nature's storehouse. While knowledge is a result of observation, it must not be considered the end. The acquisition of knowledge should be a means to an end the development of the faculties the attainment of skill. To make close and accurate observations, to give clear and terse expressions are the two best results of study. It is not claimed that the following outline is complete or the best that may be made. It is full enough to permit the teacher to select that material which is nearest at hand and with little or no expense. Still some schools will be able to do all of the work outlined and more. It is hoped that every teacher will take up the work and do as much of it as possible, be that little or much. Let each try to get 128 away from the mechanical presentation and to catch the spirit of concrete methods. Pupils will imbibe it from the teacher. A failure to interest children and patrons in this work will be due more largely to the teacher's inability to adjust himself to it than to any supposed opposition of patrons or lack of appreciation on the part of the pupils. The work is outlined by quarters for classes, giving to each class enough for two years. The teacher may divide the work for each class and give only half of it in any one year; but it is deemed a better plan to give all, if possible, in one year and to have the second year pupils go over the work a second time. There will always be enough that is new in the subject and in the method to hold the interest of pupils and make the work more thorough. Just so far as possible correlate the literature work with the nature study so that each may help to a proper understanding and appreciation of the other. It will be seen by reference to the general outline and to the daily programme that one period a day is devoted to nature and literature lessons. The teacher should alternate these lessons by days or by weeks. It will frequently be better to combine the two into one, more especially when the literature selected has its setting in nature. Do not fail to make every lesson a lesson in language, a lesson in spelling, a les- son in penmanship, and incidentally connect the number work and reading with it all. Class D. First and Second Years. First Quarter: Leaves. Collect at least a dozen kinds of leaves found in the vicinity of the school; observe the forms, sizes, stems and veining and have pupils make a drawing of each kind. Lead the children to observe the kind of plants on which the leaves grow; the location of the plants as to soil, moisture, etc. Let this be the basis of oral and written language lessons. Fruits. Apple, peach, orange, lemon, grape, plum, acorn, hickorynut, hazelnut, walnut, pecan, different varieties of berries both wild and domestic. Study these in comparison as to form, size, color, covering, uso, how gathered and preserved. Do not neglect to select and read in connection with this work some good literature bear- ing on the' same. Insects. Grasshopper, cricket, katydid, spider, beetle, fly, ant, butterfly, etc. Collect and keep alive in bottles, or fruit jars. Study them as to size, habits, food (how secured), purposes served, relation to plant life and to other animals. Birds. Robin, quail, woodpecker, jay, crow, hawk, chicken, duck, etc.; study these as to habits, covering, their food, how used by man, where live, how rear their young, name and imitate the noise made by each under different circumstances. Geography. Make a daily record of the weather, observing the sunshine, clouds, temperature, rain, dew, frost, winds, length of shadows, time and place of sunrise and sunset, the moon, its phases and changes. Literature. Many lessons in the first and second readers may be made helpful in a proper development of nature study. Classify the lessons in each reader as to what they teach. Select for use in the school room, to be read by the te'acher or by the pupils, as many of the following poems as possible: "How the Leaves Came Down," "The Grasshopper and the Cricket," "The North Wind Doth Blow," "Little Robin Redbreast," "The Faded Leaves," "The Harvest Moon," "North Wind and Snow Princess," "Fruit Song," "October," "October's Bright Blue Weather," and "The Flight of the Birds." Second Quarter: Seed Vessels. Direct the children in collecting, in small boxes, various kinds of seed vessels. Lead them to observe size, shape, how attached to plant, number and shape of parts, how they open, number and arrangement of seeds and how released. Vegetables. Onion, potato, turnip, squash, cabbage, pumpkin. Study size, sliapp, where they grow, how gathered and how preserved for winter. Domestic Animals. Horse, cow, sheep, goat, hog. Study these as to size, color, covering, food, means of defense, and uses to man. 129 Domestic Fowls. Chicken., turkey, goose, duck, guinea, pigeon. Study these as to where they live, food; compare as to feet and beaks or bills; how used by man. Geography. Continue the daily observations as in First Quarter. Note changes in length of day and night; cooling of the earth, sighing of the winds, fading of leaves, formation of dew and frost. Begin to teach direction and distance. Literature. Read or have pupils read and memorize the following: "November," "The Setting Sun," "The Chestnut Burr," "The Pigeon House," "The Squirrel's Arith- metic," and "The Dance of The Months." Third Quarter: Plant Life. Tell pupils how to prepare sprouting boxes at home. Get them to plant many kinds of seeds and to watch the growth and report results to class. Animal Life. Where are different wild animals getting their food? Study the teeth and feet of cat, dog, cow, horse, rabbit and squirrel, account for differences found. Physiology. Make a special study of the skin and its appendages hair and nails and how to care for them. What to eat and drink? Why? Kinds of foods and drinks; cautions as to quantity and temperature of foods and drinks. Geography. Show by series of experiments, evaporation and formation of clouds, how dew and frost are formed, expansion of air, water, iron by heating; illustrate the siphon. Name a half dozen things that may be bought in grocery store and have children find out where produced. Talk about the countries and people who live in each. Literature. Have pupils read, reproduce and finally memorize the following: "The Little Artist," "The Endless Story," "Waiting to Grow," and "Our Heroes." Fourth Quarter: Plant Life.-Hs.ve pupils report changes in plants which they see. Study sprouting, budding, etc., and the conditions, flow of sap, growth of leaves and flowers. Study leaves and flowers to name parts. Animal Life. Have children report the re-appearance of animals in spring. Where have insects been? Name the birds as they come. Where nest and how make nests. Change in covering of horses, cattle, sheep, etc. Geography. Note effects of freezing and thawing on the roads, on the farm and along the streams. Make observations as to sun, moon and stars, and compare records by week or month. Keep record of rainy and clear days. Literature. Use following selections in the way to impress other lessons and to interest the children: "Good-Night and Good Morning," "The Blue Bell," "Birds' Nests," "Waiting for May" and "Pussy Willow." Class C. Third and Fourth Tears. First Quarter: Seeds. Make a collection of the seeds of fruits, grains, grasses, vegetables, flowers and weeds and put them in small glass bottles properly labeled. Study them as to size, form, parts, uses, value, how distributed, etc. Flowers. Golden rod, Spanish needle, gentian, chrysanthemum, aster, etc. Col- lect, beautify the school room, and write compositions about them. Insects. Take the same as selected for "Class D" and study as to structure and function of the parts make drawings. Birds. Study same selections as in "Class D" as to body, beak and tongue, eyes and ears, feet and legs, wings and tail and the adaptability of each part to uses, the different colored dresses, etc. Geography and Field Lessons. Study a stream and develop ideas of source, mouth, banks, course, slope, bed current, velocity, sand-bars, peninsula, isthmus, cape, bay, island, etc. Study a pond and a hill in somewhat the same way as the stream make map, to accurate measurement and scale, of school yard or other selected plat of land. Soils: Collect in glass jars loam, clay, sand, gravel: Compare as to weight, col- or and hardness; show effect of water on each; how each is formed; what animals S L 9 130 in the soil; what they are there for. Study earth-worm, cut-worm, wire-worm, army- worm, and various kinds of bugs, and their connection with soils and crops. The Orchard: Kind of fruit adapted to locality, climate and soil considered how planted, how cared for; insects of the orchard, the borer, the louse, the aphis, cater- pillars and moths; diseases of fruit trees and how to prevent them the enemies and friends of fruit trees. Literature. Do not fail to make every lesson in the third reader bearing on the above subjects, help to teach the lesson. Classify the lessons of the reader and use them at the time they will be most helpful. Study every lesson in the reader as a lesson in literature. Pupils should do more than learn to read. They should "read to learn." Second Quarter: Seed Vessels: Make a collection of seed pods of various kinds, acorn cups, nut hulls (hickory, hazel, walnut, pecan), chestnut burrs, etc. Study as to form, size, use, number of parts, how they open, cause of opening, number of seeds or nuts and arrangement in the vessel. Fruits: Winter fruits; how gathered, stored and preserved for winter use. Quadrupeds. Mouse, rat, rabbit, squirrel, fox, raccoon, oppossum, mink, beaver, study as to where they live; food, how procured; which ones store food for winter use and how useful to man. Fowls. Study same selections as in Class D, comparing wild species of turkey, goose, duck, pigeon and chicken, with the tame, as to size, color, where they live and food. Ideas of Distance. Using rulers, measure distances from bench to wall, width of door, length of desk; extend this work to yard, guess and measure distance from home to school, to church, to mill, to postoffice. Map Drawing. Draw map of room, grounds, pastures and farms, locating various objects. Agriculture. Study soil as adapted to growth of different kinds of trees, grains, grasses and vegetables. Preparation of ground for planting different seeds. Orchard. Tree planting, preparation of ground, how to plant, when, how to cul- tivate and prune. Literature. After a careful study of these for the purpose of clearly understand- ing them, have pupils read, memorize and recite them, showing their relation to the nature lessons as already given: "Squirrel," "Oak Tree." "Rabbits," "Down to Sleep," "A November Good-Night," "The First Snow Fall," "The Raccoon" and "The Gossip of the Nuts." Fourth Quarter: Plant Life. Study trees of the locality, their budding, blooming, etc. Study flowers as to parts. Familiarize pupils with a large range of native flowers as to their names, differences and habitat. Animal Life. Tadpoles, frogs, crawfish; the insects of the season and where they come from. Make lists of birds of the locality and study their structure and habits. Geography. In the spring months is good time to take the children to nature to study different earthy formations and to study changes in weather and the effects on all nature. Study climate its causes and effects. Before leaving this work and before pupils enter next class to take up the larger geography, they should be made familiar with all that is given in the elementary text on geography. A good teacher who is thoroughly interested in this subject will do it without a text in the hand of pupils. Agriculture. Study the garden more especially; preparation for planting different kinds of garden products, when to plant, etc. Study flowers and how to care for them; house plants, yard or garden flowers. Discuss plowing, sowing seeds, and corn planting. What to be done for the fruit trees, etc. Study effects of rain. Literature. This is the season of all seasons for fine poetry. Study and memor- ize as much as possible: "Spring," "Learn a Little Every Day," "The Little Brown Seed," "The Bluebird," "The Sunbeams," and "The Yellow Violet." GEOGRAPHY. Class B. Rand-McNally Grammar School. Fifth Year. First Quarter: To "Gravity," page 19. The earth as a whole. Study the earth as a whole by means of a globe and a map; its motions and their results; divisions into zones with their characteristics; general divisions of land and water with names and map representations; hemispheres with map questions. Lead pupils to do much observation work and verify by the book. Second Quarter: To page 43. Following the plan of the book, study gravity, the atmosphere, weather, the ocean, circulation of moisture, life, occupations, religion and government, adaptation of the earth to the life of man, isotherms. Keep up observa- tions. Using the following outline, study North America,: 1. Boundary. 2. Coast lines Direction, regularity, indentations and projections. 3. Surface Mountains plateaus, valleys. 4. Rivers and lakes. 5. Cities Location, occupations. 6. Islands. 7 Climate ?.roisture, prevailing winds, temperature. 8. Productions Animal, plant, mineral. 9. Political divisions. 10. Great historical events or movements connected with places studied. Carpenter's "North America" will prove invaluable in the work of this quarter. Third Quarter: To "Standard Time," page 65. The United States: Rainfall, weather, Atlantic slope, Appalachian Mountains, Mississippi Valley, Pacific Highlands, population, government, cities, commerce, public lands and survey systems. Teach land platting, locating and numbering. Be sure that the idea of scale is thoroughly mastered. Fourth Quarter: To "Pacific States," page 87. This quarter is devoted to the study of sectional divisions of the United States. Read text and study maps drawn by pupils. Lead pupils to see the distinguishing characteristics of soil, climate, pro- ductions and people. Associate important historical events with places studied. Class B. Sixth Year. First Quarter: To "Europe," page 110. Complete study of sections. After care- ful study of text and maps have pupils make topical outlines of Alaska, Canada, New Foundland, Mexico and the Central American States. Use these outlines in recitation. Draw outline map of South America and fill in as the text is studied. Give final re- view from topical outline made by the pupils. Carpenter's "South America" will prove and unfailing source of interest and information during this quarter. The stories of discovery, exploration, settlement and development of the South American States will aid greatly in interesting pupils in the study of this country. Second Quarter: To "Asia," page 129. Study Europe as a whole, following the plan for the study of North America. All countries of Europe are not of equal im- portance. To Americans, Great Britain is of most importance, and then come France and Germany. The great danger is that too much will be undertaken under the im- pression that the more places one can name and locate the more he knows of geo- graphy. Be thorough, use sand, chalk and pencil freely. Read and discuss the great historic movements connected with the places studied. Carpenter's "Europe" is the book to supplement the work of this quarter. Third Quarter: To page 158. Make careful study of grand divisions using topical outline as given for study of North America. Lead pupils to make such outlines for use in recitation. Carpenter's "Asia" will guide you in regard to what is important in the geography of Asia. Asia Minor, Western Asia, Palestine, and the valleys of the Tigris, Euphrates and Ganges teem with historic interest. The teacher should not fail to take advantage of this opportunity. In the study of Africa devote most of the time to a study of the coast line, sur- face, a few rivers, the countries In the north, (especially Egypt), the countries in the south. Connect coast line with civilization. Fourth Quarter: Complete the Book. Devote the entire quarter to the study of Missouri. After a thorough study of the text and map, have pupils make a complete 132 topical outline for use in recitation. Draw outline map and trace principal railroads and the course of the larger streams, locate mineral producing sections, cities, and large towns. Finally draw large map, lay off counties and locate county seats. Sec- tionize the state according to products. Fix geographic fact by associating history with it. AGRICULTURE, HORTICULTURE AND PHYSIOLOGY. The three outlines are given together. It is hoped that teachers will find time to give pupils all of this work in the two years. These subjects may be alternated by giving two one year and one the next, with a review of the two. In the reference "Mumford" means that the University of Missouri has published for teachers "Pub- lic School Bulletins." Nos. 2, 4, 6 and 8, prepared by Prof. Mumford, entitled "Prin- ciples of Plant Production." "Whitten" means that a similar series, Nos. 3, 5 and 7, prepared by Prof. Whitten, entitled "The Principles of Horticulture." "Howard" means a bulletin, No. 9, by Prof. Howard on "Principles of Plant Propagation." These can be had by addressing the Dean of the Agricultural College, Columbia, Mo. Every teacher in the rural schools should procure these bulletins as fast as issued. "Baldwin" means the adopted text entitled "Essential Lessons in Human Physiol- ogy." Class A. Seventh or Eighth Year. First Quarter: Agriculture. The Seed. Germination of the seed; germinative pro- cesses; vitality, heat moisture and air are the conditions of germination. The vitality of seeds is influenced by age, size, color, climate, methods of preservation, etc. Se- lection of seeds, methods of selecting corn, wheat, oats and other farm seeds. Test- ing seeds; importance of securing pure, viable seeds of large size that will germinate quickly and strongly. No. 2. The Seed. Mumford. Horticulture. Date of ripening of various fruits, apples, pears, peaches, plums, grapes, etc., as indicated by color of fruit, juiciness and mellowness of pulp, color of seeds, etc.; how many seeds in each fruit, and how arranged; date of leaf shedding, falling of first leaf, date of first killing frost which kills leaves, shedding of last leaf; position of leaves and fruit on the tree, whether on the short twigs in the body of the tree or on long whips of new growth at the extremity of the limbs. No. 3, Whitten. Physiology. Chapter I to V. Bones, the skeleton, the Joints, the muscles, their care and development. Baldwin. Second Quarter: Agriculture. The Plant. Plants require heat, moisture, light and plant food for their growth and development. Heat and light are supplied directly by the sun's rays but the character of the soil may greatly modify the amount of these available for plants. Plant food is secured from the air and from the soil. The application of plant food in the form of fertilizers. Plant structure the vegetative or- gans, the root, stem and leaves. The reproductive organs the flower and fruit. No. 4. Mumford. Horticulture. Study of twigs of fruit trees and forest trees in their -winter con- dition; arrangement of buds, leaf scars and fruit scars on twigs, fruit buds and wood buds, color of bark, lenticels, annual rings, etc.; stratification of seeds preparatory to spring planting. No. 5, Whitten. Physiology. Chapters VI. to X. The blood, the organs of circulation and the cir- culation, the organs of respiration, and respiration. Baldwin. Third Quarter: Agriculture. Farm crops classification according to their agri- cultural uses into cereals, grasses, clovers, tubers, sugar plants, fiber aud miscella- neous plants. History, botanical characteristics, uses and habitat of farm plants. Special study of methods of planting, cultivating and harvesting corn, wheat, oats. clover, cow peas, alfalfa, grasses, potatoes and other miscellaneous crops. No. 6, Mumford. Horticulture. Farther studies of buds of fruit trees and forest trees in developing in vases of water indoors; differences between leaf or wood buds and fruit buds, number of flowers in each fruit bud, etc. No. 7, Whitten. 133 Physiology. Chapters XI. to XV. Food and drink, chewing and swallowing, di- gestion in the stomach, in the intestines, the skin. Baldwin. Fourth Quarter: Agriculture. The soil origin, formation and distribution of soils. Chemical and physical properties of soil. Relation of air, heat and moisture to soil fertility. Tillage its object, methods and results. The principle of farm drain- age. No. 8, Mumford. Horticulture. Gardening; making cuttings, planting seeds, planting school grounds, transplanting vines, shrubs, trees and wild flowers as they appear. No. 1, Howard. Physiology. Chapters XVI. to XX. Clothing, the nervous system, seeing, hearing, smelling, tasting, feeling, cases of emergency. Baldwin. CULTURE STUDIES. Literature and History. The plan and scope of literature and history as branches of study have material- ly changed in recent years. Instead of occupying, as they once did, a small part of the last two years of the elementary school course, they are now begun the first years in our best schools and carried throughout the course; and they have become power- ful means of culture. Theoretically, perhaps, it may be difficult tu tell just when the child's intellect is so well developed that he can pursue to the best advantage such studies as literature and history. It is also difficult to determine the amount and character of work that should be undertaken. Certainly the earlier work in literature must be that relating to nature, or to man in his relations to nature, because children can best understand and appreciate literature of this character. It is very important to catch the interest of the child at an early age; this is especially true in the study of history. From the first the purpose of culture studies should be to inspire pupils with high ideals of life, both as citizens and as members ol society. To arouse the right sort of interest these subjects must be introduced in an interesting way. Myths, fables, fairy stories, biographies and stories of pioneer and colonial life should be told to, read to, and read by, the pupils of primary grades. History is the record and literature the evidence of the growth of a people from their earliest state; and they must contain myth, legend, biography, song and story, the simpler forms of which are full of interest to all. The purposes of this course are to cause the pupil to love good literature, to fill him with high ideals, to cultivate his imagination, judgment and memory, to form in him the reading habit and to fit him for a more extensive and critical study of liter- ature and history. This course may be alternated with the course in Nature Study. It is recommended that the members of the class be supplied with the books starred, and that one or more copies of the others be placed in the library for the use of all. It will be noted that the starred books are inexpensive, being of the 5c and lOc classic editions. This is a minimum course. Many schools will do twice this amount. Make every child thoroughly acquainted with all of the following: Class D. First and Second Tears. Literature. ""'Aesop's Fables," Vol. 1.; ""'Legends of Springtime," Vol. 1.; "Fairy Stories and FaUles," Baldwin; "Classic Stories for Little Ones," McMurray. History.*" Story of the Norsemen"; *"Story of Columbus"; "Stories of Great Men," Davis; "Fifty Famous Stories Retold," Baldwin. Class C. Third and Fourth Years. Literature. *"King of the Golden River;" ""'Legends of Springtime," Vol. 2; "Little Jarvis," Seawell; "Braided Straws," Foulke; "In Mythland," Beckwith; "Hia- watha the Indian," Booher. History. *"Story of Franklin;" *"Story of Lincoln;" "Stories of Great Americans for Little Americans," Eggleston; "Old Stories of the East," Baldwin. Class B. Fifth and Sixth Years. Literature. ""'Legends of Sleepy Hollow;" *"Evangeline;" "Stories of Old Ger- many," Pratt; "Stories of Long Ago," Kupfer. 134 History.* "Story of the Pilgrims;" *"Eli Whitney;" "Story of the Chosen Peo- ple," Guerber; "Stories of Old Rome," Pratt; "Pioneer Stories of Mississippi Val- ley," McMurray; "Stories from English History," Blaisdell. Class A. Seventh and Eighth Years. Literature. ""'Hiawatha ;" *Merchant of Venice;" "Vision of Sir Launfal," Low- ell; "Silas Marner," Eliot. History. *"Life of Washington;" *"Paul Jones;" "Story of, the English," Guer- ber; "Four American Patriots," Burton; "Twelve Naval Captains," Seawell; "Stories of the Ancients," Church. UNITED STATES HISTORY. Suggestions to teachers: The seventh and eighth years are to be devoted to the study of the history of the United States and of Missouri, and to the study of the fundamental principles of state and federal government. Study history by topics rather than by texts. Give pupils access to as many his- tories and historical readers as possible. Many such books should be in the school li- brary. Copies of old readers containing historic selections will be found very useful. The teacher may establish a good working library for the use of a class in history, by asking pupils, patrons and friends to donate or lend such suitable books as they possess. The wise, industrious, enthusiastic teacher will never have a dull class in United States history. The outline here given is meant to be suggestive. Nearly every text is outlined by topics. Study related events rather than dates. Explain all allu- sions to history, science and literature and have choice collateral literary selections memorized and recited. Develop the biographies of leaders in historic movements. Dwell on good deeds the lives of good men. Study current events and give programs on noted historic days. Emphasize the study of the geographic features of the various places mentioned. The philosophy of a country's history can often be read in its geography. Use maps freely. The purpose in the study of history is to lead our boys and girls to love this great country and to read her history with interest and profit. Seventh Yoar. First Quarter : To New England Union, 1643. Preparatory. Trace commercial routes connecting Europe, Asia, and Africa. Give carefully prepared talks on the Crusades, Marco Polo, the Northmen, printing press, the reformation, revival of learning. Direct pupils in obtaining information regarding, commercial activity of Western Europe; social, political and religious conditions of Europe; Columbus' prepar- ation; rivalry between Spain and Portugal. Discoveries and Explorations by Spain, by England, by France, by Holland. Effect on the Old World. Permanent Settlements: Virginia, New York, Massachusetts, New Hampshire. Connecticut, Maryland, Rhode Island, Deleware. Puritan and Cavalier, the town meeting, House of Burgesses, religious intolerance, founding schools, Mason and Dix- on's line, liberty of conscience, New England Union. Study lives of: Columbus, The Cabots, DeSoto, Pizarro, Cortez, Raleigh, Champlain, Hudson, John Smith, Bacon, Roger Williams, Anne Hutchinson, Peter Stuyvesant, Wm. Penn, Lord Baltimore, and others. Study maps. Locate: Labrador, San Salvador, Florida, Newport, James- town, Plymouth, Salem, Manhattan, Hartford, Philadelphia, Charleston, Pittsburg and Trenton. Read: "Landing of the Pilgrims," "Columbus' Dream," "Supposed Speech of an Indian Chief," "Ponce De Leon," "Pocahontas" and other selection* bearing on this period. Second Quarter : To Close of Revolutionary War. Permanent settlements, continued: The Carolinas, New Jersey, Pennsylvania. Georgia. Locke's feudal system, restrictive laws in Georgia, popular government in Pennsylvania. Territorial claims: By Spain, by England, by France, by Holland. Inter-colonial wars: William's, Anne's, George's, French and Indian. Revolution: Causes, Independence, struggle for New York, Boston and Phila- delphia, capture of Cornwallis. Study lives of: Washington, Dinwiddie, Wolf, Patrick Henry, Richard Henry Lee, Jefferson, Hamilton, Adams, Greene, Lafayette, and others. Use the maps freely. Locate every place of historical importance. Read: "Paul Revere's Ride," "Grand-mother's Story of the Battle of Bunker Hill," "Supposed Speech of James Otis," "The Rising of '76," "The Capture of Andre," "Marion's Men," and others. Third Quarter : To Breaking Out of the Civil War. Articles of Confederation-. Weakness of the government. Ordinance of 1787. Form- ing the constitution. Ratification by the people. Transfer of the government frrun Articles of Confederation to Constitution. The Constitution. Problems: Land claims, diplomatic relations, debts, Indian troubles. Beginning of political parties. Jay treaty. Alien and sedition laws. Elec- tion of Jefferson. French cession of Louisiana to Spain. Recession of Louisiana to France. Purchase. Lewis and Clark expedition. Embargo. Fulton. Second tear with England. Cause and result. The era of good feeling. The rise of the Democratic Party. Tariff, laws of 1828. Jackson. Spoils system. U. S. bank. Van Buren. Crisis of 1S37. Sub-treasury scheme. Slavery agitation. Wilmot Proviso. Fugitive slave law. Squatter sovereignty. Dred Scott decision. John Brown. Secession. Study lives of: Madison, Jackson, Fulton, Daniel Boone, Gen. Taylor, Sam Houston, S. F. B. Morse, and others. Sing: "America," "Battle Hymn of the Republic," "The Red, White and Blue," "The Star Spangled Banner," "Centennial Hymn," "A Ballad of Manila Bay," and other patriotic songs. Do not fail to use the maps. Use wall maps, also, drill on ,the location of every pla'ce mentioned in the text. Fourth Quarter : To the Present Time. The Civil war. Causes. Plans of campaigns. Foreign relations. Close. Recon- struction. Recent history. Review. Keep up study of biography. Lead pupils to do much collateral reading. CIVIL GOVERNMENT AND HISTORY OF MISSOURI. EIGHTH YEAR. First Quarter. Civil Government of the United States. Chapters I. to X. General Principles and Declaration of Independence ; Charter and Colonial Govern- ments ; The Rise of the American Union; The Fundamental Law; The Legislative Depart- ment ; Powers of Taxation ; Power to Borrow Money ; Powers over Commerce ; Naturali- zation and Bankruptcies ; Coinage, Weights and Measures. Second Quarter. Civil Government of the United States. Chapters XI. to XX. War, Insurrection, Armies, Navies and Militia ; Miscellaneous Powers of Congress ; Powers Denied to the United States ; Powers Denied to the States ; President and Vice- president ; Executive Departments; Judicial Department; The States and the Federal Government ; Supremacy of the Constitution ; Amendments to Constitution. Third Quarter. Civil Government .of Missouri. Chapters I. to XI. General Divisions ; The Constitution ; State Officers ; The General Assembly ; The Courts; Counties; Congressional Townships; Cities, Towns and Villages; Public Schools; Elections ; Eleemosynary and Penal Institutions. Fourth Quarter. History of Missouri. Chapters I. to XXIV. Part I. French and Spanish Period: Discoveries; First Settlements; Spanish Rule. Part II. Territorial Period : The Louisiana Purchase ; Missouri's First Years as a Territory ; I^xploring Expeditions ; New Madrid Earthquake ; Other Settlements. Part III. Missouri as a State : Admission of Missouri into the Union ; First Years as a State; Bates and Miller, 1824-32; Governor Dunklin's Administration, 1832-36; Gov- 136 ernor Boggs and Mormon Troubles ; Governors Reynolds and Marmaduke ; Governors Ed- wards and King; Benton and the Jackson Resolutions; From 1852 to 1860; The Election of 1860; First Month of 1861; The Convention Against Secession; The Arsenal and Camp Jackson ; Boonville, Carthage and Cowskin Prairie ; Battle of Wilson's Creek ; The Last Month of 1861 ; Events of 1862 ; Principal Events of 1863 and 1864 ; The Administration of Governor Fletcher ; McClurg's Administration ; The Administration of Governor Brown ; Governors Woodson and Hardin ; From 1877 to 1892 ; From 1892 to the Present Time. N. B. For Collateral readings on civil government and History of Missouri, see lists in the text recommended by the author. LIBRARY AND SUPPLEMENTARY BOOKS. The following list of five, ten and fifteen cent classics are referred to in the course of study and should be put into every school. Every child should have the use of one copy and own it if possible. The entire list will cost about $1.40 if purchased at one time from A. C. McClurg, Chicago: Aesop's Fables, I. and II., "Legends of Springtime," Vols. I. and II., "Story of the Norsemen," "Story of Columbus," "King of the Golden River," "Story of Franklin," "Story of Lincoln," "Legends of Sleepy Hollow," "Evangeline," "Story of the Pilgrims," "Eli Whitney," "Hiawatha," "Merchant of Venice," "Life of Washington," "Paul Jones," "Audu- bon," "Three Golden Apples," "Thanatopsis," "Columbus," "Lincoln," "Vision of Sir Laun- fal," "Rip Van Winkle," "Jefferson," "Madison," "Hamilton," "Silas Marner," "Sketch Book," "Snow Bound." The following thirty-three (33) volumes are necessary to the complete carrying out of the rural course of study. Every school district should own them. They are taken from the list of books selected by the State Library Board and should be bought first. For other books see "Library List" issued in 1901 : "Hiawatha Primer," Holbrook, 34c ; "Second Reader," Cyr, 30c ;"Robinson Crusoe," DeFoe, 22c ; "Ten Boys," Andrews, 42c ; "Story of Ulysses," Cook, 32c ; "Nature in Verse," Lovejoy, 50c ; "Geographical Reader, North America," Carpenter, 49c ; "Geographical Reader, South America," Carpenter, 49c ; "Geographical Reader, Asia," Carpenter, 49c ; "Geographical Reader, Europe," Carpenter, 49c ; "Story of the English," Guerber, 53c ; "Four American Patriots," Burton, 38c ; "Twelve Naval Captains," Seawell, 50c ; "Stories of the Ancients," Church, 84c ; "Fairy Stories and Fables," Baldwin, 29c ; "Classic Stories for Little Ones," McMurray, 24c ; "Fiftfy Famous Stories Retold," Baldwin, 29c ; "Stories of Great Men," Vol. I., Davis, 22c ; "Little Jarvis," Seawell, 67c ; "Braided Straws," Foulke, 33c ; "In Mythland," Beckwith, 22c ; "Hiawatha, the Indian," Booher, 22c; "Stories ol Great Americans for Little Americans," Eggleston, 33c ; "Old Stories of the East," Baldwin, 37c ; "Stories of Old Germany," Pratt, 29c ; "Stories of Long Ago," Kupfer, 26c ; "Story of the Chosen People," Guerber, 49c ; "Stories of Old Rome," Pratt, 29c ; "Pioneer Stories of the Mississippi Valley," McMurray, 40c ; "Stories from the English History,' Blaisdell, 33c; "Heart of Oak," Book III., Norton, 39c ; "Heart of Oak," Book IV., Norton, 44c ; "Homer's Stories for School and Home," Hall, 50c. Total cost of the 33 volumes, $12.88. 137 COURSE OF STUDY FOR HIGH SCHOOLS AND CONDITIONS FOR APPROVAL. The general assembly in 1903 authorized the state superintendent to classify high schools and prescribe minimum requirements (see law pp 82 and 83, revised edition of 1903). Requirements and conditions are given as follows: REQUIREMENTS FOR THIRD CLASS (TWO YEARS) HIGH SCHOOLS. English 2 units. Mathematics 2 units. History 1 unit. Science 1 unit. Electives 2 units. In all 8 units. The electives may be any two of the following : Another in science, another in his- tory, two in Latin, one in review of arithmetic, grammar and history, two in business (book-keeping and commercial arithmetic). REQUIREMENTS FOR SECOND CLASS (THREE YEARS) HIGH SCHOOLS. English 3 units. Mathematics 3 units. History 2 units. Science 1 unit. Electives . . . 3 units. In all 12 units. The electives ma''y be any three of the following : Another in history ; two others in sciences ; two or three in Latin, two in German, two in Greek ; one in reviews ; two in business. REQUIREMENTS FOR FIRST CLASS (FOUR YEARS) HIGH SCHOOLS. English 3 units. Mathematics 3 units. History 2 units. Science 2 units. Electives , 6 units. In all 16 units. The electives may be any six of the following : Another in English ; another in math- ematics ; two others in history ; two others in science ; from two to four in Latin ; two or three in German ; two or three in Greek ; one in reviews ; two in business. A unit is one year's work in one subject five (5) periods a week, or a half year's work in each of two subjects. Every subject should be studied for an entire year, except in a few cases presented in the outline. A period is not less than forty (40) minutes devoted to actual recitation. In ad- dition to time given in study of the text and in recitations, every pupil in science should give five (5) periods a week to the laboratory work and in history and literature five periods to the library for collateral reading and in preparing written reports on work as- signed. Below are given lines of work from which all courses in high schools should be made. The figures indicate the years of the high school course the subject should be studied. 138 By a proper system of alternation programs may be changed from year to year so as to offer pupils sixteen units in a program of twelve recitations ; or twelve units in a pro- gram of nine recitations. Except where alternation is indicated the several branches should be taken up in the order as numbered. I. English: (1) At least four complete classics, mainly descriptions, should be made the basis of the first year's work. After thorough study of each as literature, correlate it. with the composition and technical work. Make a careful study of words, of figures of speech and of construction as applied to sentences and paragraphs; (2) The work of the second year should differ from the first in that narration and exposition should take the place of description and elements of style should be emphasized in the study of rhet- oric ; (3) The third year should be devoted to the study of the oration as represented by the masterpieces of Webster and Burke and of the drama as represented by Shakespeare. Make composition and rhetorical work prominent and require much collateral reading. For this work good and appropriate references are absolutely necessary ; (4) A historic review of literature and of literary periods should be given along with a more critical studiy of poetry. Composition work should be devoted largely to exposition and argumentation. Einglish should constitute one-fourth of every day's work in every high school, hence two units in English are required for a third class high school, three units for a second class, and three units, four if possible, for a first class. Three days each week should be given to literature and the other two to composition and technical work in word-building, word- analysis, grammar and rhetoric. II. Mathematics: (1). Algebra (Milne's High School) to p. 222; (2 and 3) Plane Geometry and Algebra complete. It will be very satisfactory for the second unit (2) to con- sist of Algebra from p. 222 to p. 298, followed by first half of Plane Geometry and for third unit (3) to consist of second half of Plane eometry followed by Algebra (completed) ; (4) Solid Geometry and Trigonometry (half unit eacn). III. History: (1) Ancient History; (2) Mediaeval and Modern History; (3 and 4) English History and Government, and American History and Government (alternate). The study of History should develop the conceptions of historical unity and growth, hence history should be continued through several years, one period succeeding another in natural order. The arbitrary selection of periods of history for study, and the breaks which occur in the study of closely related periods prevent the pupils from acquiring "the habit of considering what has been, when they discuss what is or what should be." In order that this historical-mindedness may be developed it is essential that the study ot history should be continuous throughout the secondary school course. The study should begin with General History to be followed in succession by English History and American History. By General History is not to be understood a one year course. It is expected that at least two years will be given to this subject, the first year being devoted to Ab- cient History, while in the second year the subject is continued through Mediaeval and Modern History. IV. Science: (1 and 2) Alternate Physical Geography with Botany or with Zo- ology, or with Botany and Zoology, each half a year; (3 and 4) Physics and Chemistry (alternate). In small high schools, laboratories may be equipped for units 1 and 2 with- out great expense. Equipment for units 3 and 4 will be more expensive. For definite in- formation concerning equipment of laboratories, the State University will furnish bul- letin giving detailed directions. V. Latin: (1) Beginners; (2) Caesar (five books) and Prose Composition; (3 and 4) Cicero (four orations) and Virgil (four books). The student should acquire such a vocabulary and such a knowledge of inflections and syntax as to read readily simple Latin prose with accurate quantitative pronuncia- tion of the words. He should be carefully trained in reading Latin aloud, with proper emphasis and expression, and in rendering Latin into choice, idiomatic English. In con- nection with the reading, there should be some practice in writing Latin, and frequent written translations. Especial attention should be paid to pronunciation which should show not only an accurate knowledge of the quantity of the various vowels but a cleai 139 insight into the meaning of the sentence. To secure this, there should be daily practice in reading aloud. Sight reading should be made a frequent exercise. The "First Latin Book" must be thoroughly done or the pupil will never do Caesar well. No one who has not had a good four years' training in Latin should undertake to teach beginners even. VI. German: (1) Grammar supplemented by the reading of easy prose from some good reader, followed by Storm's Immense, Volkmann's Kleine Geschichten, or the equiv- alent. Careful attention should be given to correct pronunciation ; (2) First half of Har- ris' Prose Composition; and the reading of Benedix's Doktor Wespe, Frey tag's Die Journal- isten, Schiller's Wilhelm Tell, or an equivalent amount; (3) Last Half of Harris' Prose Composition, letter writing, sight translation and the reading of Schiller's Maria Stuart, Das Lied von der Glocke, Goethe's Goetz von Berlichingen, Hermann und Dorothea, Les- sing's Minna von Barnhelm, Emilia Galotti ; or an equivalent amount. VII. Greek: (1) Whiter First Greek Book; (2) Goodwin's Greek Grammar, Har- per and Wallace's Xenophon's Anabasis (three books), Harper & Castle's Greek Prose Composition; (3) Bristol's Ten Orations of Lysias, Perrin and Seymour's Homer's Odyssey, Books I-IV, or Winan's Xenophon's Memorabilia of Socrates, and Plato's Apology and Crito. VIII. Miscellaneous: (1) Commercial or Higher Arithmetic; (2) Book-keeping; (3) Reviews in Arithmetic, Grammar and United States History. . There are twenty-nine (29) units suggested and sixteen required in a first class high school, six of these being electives. In small high schools very few optional subjects can be offered. It is recommended that the local authorities determine which of the elective units they will offer and not leave a very wide selection to pupils. In large high schools a greater number of optional units may be offered. Foreign languages should not be undertaken for less than two years. Indeed they should not be begun unless they can be pursued to the end of the course. A course of study containing few subjects pursued throughout the entire high school has many advantages: (1) It gives excellent train- ing, scholarship and discipline in a given subject; (2) It makes necessary fewer teachers or makes longer courses possible with a given teaching corps ; (3) It requires a smaller library and laboratory equipment. The State Superintendent will inspect as many high schools each year as possible. Before a school can be approved it must be inspected and meet the following standards of excellence: (1) The character of the teaching must be satisfactory; (2) The course of studty must meet all of the above requirements; (3) First and second class high schools must have nine month terms and a third class eight month terms; (4) There must be at least three teachers devoting their entire time to high school work in a first class high school, two in second class and one in third class ; (5) A library adequate to meet all the demands for reference and for supplementing the work in literature and history (See State List of Library Books) ; (6) Laboratory well equipped for each science taught in the school ; (7) Every teacher must have special -pre- paration for the work assigned; (8) No pupil must be admitted to the high school until ho has finished creditably all the work of the common school course; (9) The buildings and rooms must be well adapted to their respective uses; (10) Every teacher must be a graduate of an acceptable normal school, college or university, or hold a state certificate covering the subjects he teaches. INDEX APPORTIONMENT OF PUBLIC MOJNE1S Sec. Page. errors, now corrected 9841 64 how made, how lost 5)840 63 of county school money 9842 65 when township lies in two counties 9843 Go approved summer school 9969 88 BLIND, clerk to certify names. 9770 29 BONDS, to erect school house. . 9752 15 funding, refunding, renewals. 9754 18 levy to meet interest 9758 19 no commission allowed for sale 9755 19 redeemed, how destroyed .... 9756 19 sinking fund to pay 9757 19 money may be used to pur- chase site 9752a 17 restrictions time and amount 9753 17 BOUNDARY LINE, appeal cases 9742 6 change, dist. in two counties. 9747 10 change ; when, where voted upon 9750 12 clerk to furnish copy of changes 9794 48 CENTRAL HIGH SCHOOL, how formed 9773 31 in consolidated district. New section 33 CERTIFICATES, examination for 9958 84 grantiu illegally, penalty . . . 9967 89 reissued records 9959 85 issued by State Superintendent 9856 69 normal diplomas, in lieu of. . . 9965 86 qualifications necessary 9958 84 revoked, how 9962 87 three grades by institute board 9958 84 COLORED SCHOOLS, discon- tinued, when 9775 34 how establish, when 9775 34 joint school for two districts. 9775 35 right to attend other school.. 9776 35 school building, how obtained 9775 34 school controlled by board. . . 9775 34 separate schools provided.... 9774 34 CONDEMNATION, site for building 9772 31 CONTAGIOUS DISEASE 9765 26 CONTRACT, TEACHER'S an- nulled, how 9767 28 board cannot dismiss teacher. 9767 28 how marte, ordered, signed, attested 9766 26 how construed 9767 28 rules and regulations, part of 9767 28 teacher must hold certificate. 9766 26 void when house is destroyed 9767 28 COUNTY CLERK, apportion- ment of funds 9840 63 certify blind children 9770 29 as to deaf and dumb chil- dren 9770 29 certificate of election (Co. Com'r) 9803 50 compensation for making tax- book 9844 65 to report to State Superin- tendent 9846 66 COUNTY BOARD OF EDUCA- TION established 9957 83 examine teachers and grant certificates 9958 84 COUNTY BOARD OF EQUALI- ZATION Continued Sec. Page. reissue certificates, Keep rec- ords 9959 85 pay of members 9961 86 accept summer school grades. 9969 88 penalty for complimentary grades 9967 89 udopt course of study 9957 83 make rules 9957 84 COUNTY COLLECTOR to col- lect taxes 9847 66 to return delinquent lists...'. 9848 67 COUNTY COMMISSIONER re- voke certificate 9962 87 compensation, report to State Superintendent 9809 51 grant special certificate 9958 84 duty in matters of boundary line 9747 10 duty, boundary line, new dis- trcts 9742 6 election of, how and when. . . . 9750 12 receives fees 9961 86 expense of, for postage, how paid 9785 43 organize county association . 9960 86 pay county board, employ lec- turer 9961 86 become county superintendent, when 9810 52 president county board 9957 83 office of, created, election of. . 9803 50 qualifications of 9803 50 results of election, how certi- fied 9804 51 returns of election, how cast up 9803 50 to appoint directors 9762 22 to report to State Superin- tendent 9808 51 to supply blanks and laws... 9785 43 same 9808 51 vacancy in, filled by governor. 9803 50 vote for district in two coun- ties 9803 50 COUNTY COURT, custodian of fund 9829 59 has jurisdiction over funds.. 9826 59 loan of county school fund. . . 9823 58 may require funds invested. . 9792 47 not to loan funds, when 9825 58 to appoint member county board 9957 83 to loan district school funds. . 9838-39 63 to loan township school funds 9831 60 same 9837 62 to transfer school fund, when 9830 60 election to adopt supervision. 9810 52 election to abolish supervision 9810a 52 COUNTY SUPERVISION, adop- tion of 9810 52 how abolished 9810a 52 COUNTY SUPERINTENDENT, compensation 9813 54 duties, election, oath, bond 9811-12 52-53 to discharge duties of county board 9963 87 COUNTY TEACHERS' ASSO- CIATION organized 9960 86 when, how long 9960 86 duty of teachers to attend.. 9802 49 11 INDEX. Sec. Page COUNTY TREASURER, settle- ment 9850 compensation duties as to school funds. . duties as to school moneys, failing to make settlement, report of, to county court. 9849 9789 9849 9851 9793 shall not honor warrant, when 9790 shall collect school moneys. 9827 DAY, week, month and year. . 9781 three days school week, when 9960 DIRECTORS, duty as to terri- tory 9740 duty to visit schools 9768 duty as to estimate 9771 duty to colored children 9775 same 9776 election of 9739 employment of teacher, by... 9766 guilty or misdemeanor, when 9797 Has no power to dismiss teachers 9767 has care and keeping of prop- erty 9763 may remove district clerk. . . 9769 may refuse to pay teacher. . . 9767 may exclude pupil, when .... 9765 may admit non-resident pupils 9764 may issue bonds, proceedings 9754 may borrow money, issue bonds 9752 may condemn land for site. . . 9772 may not employ member to teach 9766 not entitled to compensation 9761 oath of, when taken 9760 one chosen by ballot annually 9750 organized, when and how. . . . 9761 power to transfer fund 9789 president, signature with treasurer 9788 pupils suspended or expelled. 9764 qualifications of members . . . 9759 shall forward estimates 9751 purchase site 9752a shall set aside funds to pur- chase library books.. New section special meetings, how called. 9766 to continue school six m.onths 9751 title to property vested in... 9852 provide for colored children. . 9775 vacancy, how filled 9762 DISTRICT, appeal to county commissioner 9742 body corporate, name of .... 9739 body corporate, how lapsed. . 9741 certain districts exempt, when 9742 same 9743 changing boundary lines of. . 9742 division of property 9746 same 9747 formed from unorganized ter- ritory 9740 may sue and be sued, how . . . 9739 may hold and sell property. . 9739 organization of notice 9740 power to consolidate. .New section DISTRICT CLERK, director may act 9761 duty of, as to notice 9742 notices of school meeting. . . 97S7 duty of, general 9784 duty of, treasurer's statement 9795 enter decision of arbitration board 9742 how chosen, compensation . . . 97G1 must certify result or election 9804 removal of 9769 return teacher's certificate. 9766 record of redeemed bonds.. 9756 shall record reports, plat. . 9794 shall certify rate of levy.. 9777 teacher cannot act as 9766 to keep record special meet- ings 9781 to furnish teacher record. . . . 9786 to draw warrant for indebted- ness . 9788 67 67 45 67 68 47 46 59 40 86 5 29 30 34 35 4 26 48 28 22 29 28 26 25 IS 15 31 26 21 20 12 21 45 44 25 20 15 17 24 26 15 68 34 22 10 10 5 4 4 33 21 6 43 41 48 6 21 51 29 26 19 48 36 26 40 43 44 DISTRICT CLERK Contin- ued Sec. Page. to sign and keep record of bonds 9754 18 to record oath of directors. . . 9760 20 ELECTION commissioner 9803 50 same 9804 51 to adopt supervision 9810 52 to abolish supervision 9810a 52 ENUMERATION LISTS, how and when made, contents. . 9770 29 EXAMINATION, for certificates 9958 84 FUND, apportionment of 9840 63 county court custodian 9829 59 jurisdiction over county funds 9826 59 county school fund collected. 9827 59 different funds, how kept.... 9789 45 estimates to sustain school . . 9771 30 how distributed, township in two counties 9843 65 loan of district school funds. . 9838 63 same 9839 63 township school funds 9831 60 same 9837 62 county school funds 9824 58 prohibited to whom 9825 58 school moneys, how applied. . 9790 46 transfer, one fund to another 9789 45 when county lines are changed 9830 60 township fund, how consti- tuted 9828 59 for library New section 24 INDEBTEDNESS of district... 9789 45 INSTITUTES for colored teach- ers 9965 88 LOAN, of district school fund. . 9838-39 63 of township school fund. . . . 9831 60 same 9837 62 of county school fund 9823 58 same 9825 58 to erect school house 9752 15 same 9753 17 to purchase site 9752a 17 MEETING, annual, when, where, powers 9749 11 calling of, to form district. . . 9739 4 of board to employ teachers. . 9766 26 special meeting of board. . . . 9766 26 special school meeting 9780 38 when district in two counties. 9747 10 MISDEMEANOR, false enumera- tion 9770 29 permitting use of books not adopted 9980 93 injuring school property 9783 41 neglect of duty by officers 9783 41 parents guilty, when 9765 26 teachers and directors guilty. 9797 48 to violate law as to loans of funds 9S35 62 as to collection of funds. . . 9827 59 NOTICE, annual or special meeting ., 9787 43 giving of, by commissioner. . . 9742 6 how given, fos special meet- ing ) 9778 37 of election to/ncrease tax.*. 97Z9 --, 88 of first meeting in new district 9748 required in section of site. . . 9750 12 to change boundary line 9742 6 to divide district, form new district . ^ 9742 6 to attach to other district... 9747 10 ORGANIZATION, how forfeited 9741 5 of school district, etc 9740 same 9742 6 PHYSIOLOGY AND HYGIENE, instructions 9799 48 PROPERTY, division, district in two counties : 9747 10 how divided, new district formed 9744 same 9746 10 injurv of, a misdemeanor.... 9783 41 PUBLIC SCHOOL FUND, ac- count kept 9820 57 duties of state treasurer 9823 entitled to what moneys 9819 56 how apportioned, by State Su- perintendent 9840 63 INDEX. Ill PUBLIC SCHOOL FUND Con- tinned Sec. Page, investment, moneys belonging to 9822 o i loss of, right to, by district. . 9840 6:5 PUPIL, apprentices may attend 9764 25 examination of, by physician. 9765 26 non-residents, how admitted. 9764 25 orphans may attend 9764 25 suspended or expelled 97h4 2u unlawful to attend school, when 9765 who may enter high school.. 977o QUALIFICATIONS of county commissioner 9 of director 9759 of State Superintendent .... 9855 of voter at school meetings.. 9759 REPORT, county clerk to make 9846 county commissioner to make 9808 county treasurer to make. . . . 9793 State Superintendent to make 9858 state board of education to make 9818 teacher to make monthly, term 9801 SCHOOL BOOK LAW, books to be used 9979 not applicable To certain cities 9980 penalty on directors, when. . . 9980 to distribute law, instructions 9981 SCHOOL HOUSE, for colored children 9775 directors may borrow money to erect . ., 9752 have care and^ keeping of.. 9763 increase of tax, election 9778 may be used for other pur- poses 97bd site, how changed, rate to pur- chase 97oO SINKING FUND, how created. 9753 loaning of, by board 9791 tax levy, to create 9757 used to redeem 6 per cent warrants 9792 when fund may be invested. . 9757 STATE AUDITOR, duties as to funds 9821 to pay apportionment 5 to keep account of fund 9820 STATE BOARD OF EDUCA- TION, duties of 981o pie-nber county board 9957 may employ attorney 9 members of 9814 report of, to General Assem- bly 9818 to prepare course of study. . . 9961 to ascertain disposition of funds 9816 STATE SUPERINTENDENT, annual report ? bond and qualifications of.... 9855 duties and powers of r/i election and term of 9854 examination of teachers by.. 9856 may employ chief clerk 9857 not permitted to act as agent. 9859 president board of education. 9 to furnish blanks, etc 9840 inspect high schools. . .New section to prescribe J[orms ror blanks . v85^ school visitation 9858 vacancy in office, how filled. . 98o4 STATE TREASURER, duty of. 9820 same not A TAXES, assessment of 9844 delinquent, how returned.... 9848 for district collected 9847 how levied and collected 9744 same yT4b increase of, to erect school house 9778 to maintain school, election 9777 levy of, to meet annual inter- p s 97o8 rate of "increase of levy, etc.. 0777 restrictions on loan... 7Og sinking fund provided for... 9T66 to redeem outstanding bonds 97 Sec. Page. 56 86 55 70 69 69 68 69 70 71 55 63 83 68 70 68 57 57 65 67 66 9 9 37 36 19 36 17 17 19 TEACHERS, who cannot be em- ployed cannot serve as district clerks certificate required of certificate may be revoked. . contract employing contents contract with, construed .... duty of, to attend association examination of. for certificate by State Superintendent. . failing to comply with con- tract fee paid, for institute fund. . instruct in physiology and hy- giene r may exclude pupils, when... monthly and term report. . . must keep register of attend- ance of central high school to keep record of director's visits TERM, length of, required.' .' over six months, how de- termined UNORGANIZED TERRITORY forfeiting organization how attached to adjoining district VACANCY, in office of commis- sioner school director, how filled..' VOTER, who is, under school law WARRANTS, forms of for district indebtedness... . redemptioo of 6 per cent. . . SCHOOLS IN CITIES, TOWNS AND VILLAGES annexation of adjacent ter- ritory 9875 by extending corporate limits 9876 annual meetings, regulations, etc 9874 questions submitted by bal- lot 9874 board of directors, duties... 9866 election and term of office 9863 government of district vest- ed in 9862 majority of constitutes a quorum 9864 may accept gifts for library 9879 may sell real estate 9878 may purchase site for school house 9878 may establish graded school 9865 how disorganized 9865-a members of, not to be em- ployed 9877 must organize, officers. . shall keep common seal, in, how filled. . 9864 9867 9862 9860 9875 9860 9861 vacancy bonds, may issue renewals boundary line, change of. districts organized, how. . . same collector to pay moneys to treasurer 9873 county clerk, duties of, com- pensation 9872 elections in cities exceeding 2,000 9874 library, how established 9866 notice to organize district . . . 9861 to vote increase of tax 9867 to change boundary line 9875 secretary of board, compensa- tion 9877 tax, vote to increase 9867 term, length of 9867 TREASURER, bond, compensa- tion 9868 same 9870 district moneys to be paid to. 9870 liability of, for sinking rund. 9869 settlement of, etc . 9871 vacancy in board of directors. 9862 78 79 78 78 75 74 74 74 82 82 82 75 75 81 74 70 74 71 78 71 72 78 77 78 75 72 76 78 81 76 76 76 77 77 76 77 74 YC 06572 UNIVERSITY OF CALIFORNIA LIBRARY