UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY K STATE OF NORTH DAKOTA GENERAL SChOOL LAWS Comprising all the Laws in Force Pertaining to Public Schools ffl&SMMB ^TEACHERS ROOM LOS ANGELES PUBLIC LIBRARY . ; PUBLISHED BY DEPARTMENT OF PUBLIC INSTRUCTION E. J. TAYLOR, Superintendent JULY 1, 1915 PUBLISHED BY AUTHORITY BISMARCK, N. D. \ tltttk, JUo+a., iw^ $ AJcp4Sg- 1915 THIS VOLUME IS STATE PROPERTY And is for the use of of School District No County of State of North Dakota School officers on retiring from office are required by law to deliver this volume, with all other books and documents of an official character, to their successors in office. J INTRODUCTORY This volume contains all the school laws in force pertaining to the rural, graded, consolidated and high schools of the state. Hereafter the school laws will be published in full only once in four years. The next complete edition will be published in 1919. County Superintendents should furnish copies of the school laws only to those entitled by law to receive them. School officers and others should be instructed to preserve their copies carefully and deliver them to their successors in office. E. J. Taylor, Supt. of Public Instruction. Bismarck, N. D. April 1st, 1915. CONGRESSIONAL ENACTMENT ORGANIC LAW. NARCOTICS. § 75. The nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human system, in connection with the several di- visions of the subject of physiology and hygiene, shall be included in the branch- es of study taught in the common or public schools, and in the military and naval schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools by the use of text books in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the territories in the military and naval academies of the United States and in the District of Columbia and in all Indian and colored schools in the territories of the United States. § 76. It shall be the duty of the proper officers in control of any school de- scribed in the foregoing section to enforce the provisions of this act; and any such officer, school director, committee, superintendent or teacher who shall refuse or neglect to comply with the requirements of this act or shall neglect or fail to make proper provisions for the instruction required and in the man- ner specified by the first section of this act, for all the pupils in each and every school under his jurisdiction, shall be removed from office and the vacancy filled as in other cases. § 77. No certificate shall be granted to any person to teach in the public schools of the District of Columbia or territories, after the first day of January, anno Domini eighteen hundred and eighty-eight, who has not passed a sat- isfactory examination in physiology and hygiene, with special reference to the nature and effects of alcoholic drinks and other narcotics upon the human system. Act of congress approved May 20, 1886. RESERVATION OF SCHOOL LANDS. § 88. Sections numbered sixteen and thirty-six in each township of the ter- ritories of * * * Dakota * * * shall be reserved for the purpose of being applied to schools in the several territories herein named, and in the states and territories hereafter to be erected out of the same. Section 1846 R. S. I". S.. 1874, approved March 2, 1861. (See, also, En- abling Act, section 10, post.) ENABLING ACT (Approved February 22, 1889.) § 4. Providing for the constitutional conventions for North Da- kota, South Dakota, Montana and Washington.) And said convention shall provide by ordinances irrevocable without the consent of the United States and the people of said stales: GENEEAL SCHOOL LAWS Fourth. That provision shall be made for the establishment and mainte- nance of systems of public schools, which shall be open to all children of said states, and free from sectarian control. § 10. That upon the admission of each of said states into the union, sections numbered sixteen and thirty-six in every township of said proposed states, and where such sections or any parts thereof have been sold or otherwise disposed of by or under the authority of any act of congress, other lands equivalent thereto, in legal sub-divisions of not less than one-quarter section * * * are hereby granted to said states for the support of common schools. § 11. That all lands herein granted for educational purposes shall be dis- posed of only at public sale; and at a price not less than $10 per acre, the pro- ceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the legislature shall prescribe, be leased for periods of not more than five years, in quantities not exceeding one section to any one person or company, and such lands shall not be subject to pre-emption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for school purposes only. § 13. That five per centum of the proceeds of the sales of public lands ly- ing within said states which shall be sold by the United States subsequent to the admission of said states into the union, after deducting all expenses incident to the same, which shall be paid to the said states, to be used as a permanent fund, the interest of which only shall be expended for the support of common schools within said states, respectively. § 14. That the lands granted to the territories of Dakota and Montana by the act of February 18, 1881, * * * are hereby vested in the states of South Dakota, North Dakota and Montana, respectively, * * * to the extent of the full quantity of seventy-two sections to each of said states, * * but said act of February 18, 1881, shall be so amended as to provide that none of said lands shall be sold for less than $10 per acre, and the proceeds shall constitute a permanent fund to be safely invested and held by said states sev- erally, and the income thereof be used exclusively for university purposes. * * * None of the lands granted in this section shall be sold at less than $10 per acre; but said lands may be leased in the same manner as provided in section 11 of this act. The schools, colleges and universities provided for in this act shall forever remain under the exclusive control of the said states, re- spectively, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the support of any sectarian or denominational school, college, or university. * * * § 16. That 90,000 acres of land, to be selected and located as provided in section 10 of this act, are hereby granted to each of said states, except to the state of South Dakota, to which 120,000 acres are granted, for the use and sup- port of agricultural colleges in said states, as provided in the acts of congress making donations of lands for such purpose. § 17. That in lieu of the grant of land for purposes of internal improve- ment made to new states by the eighth section of the act of September 4, 1841, which act is hereby repealed as to the states provided for by this act, and in lieu of any claim or demand by the said states, or either of them, under the act of September 28, 1850, and section 2479 of the revised statutes, making a grant STATE OF NORTH DAKOTA of swamp and overflowed lands to certain states, which grant it is hereby de- clared is not extended to the states provided for in this act, and in lieu of any grant of saline lands to said states, the following grants of lands are hereby made, to-wit: To the State of South Dakota: For the school of mines, 40,000 acres; for the reform school, 40,000 acres; for the deaf and dumb asylum, 40,000 acres; for the agricultural college, 40,000 acres; for the university, 40,000 acres; for the state normal schools, 80,000 acres; for public buildings at the capital of said state, 50,000 acres, and for such other educational and charitable purposes as the legislature of said state may determine, 170,000 acres; in all 500,000 acres. To the State of North Dakota a like quantity of land as in this section granted to the state of South Dakota and to be for like purposes, and in like proportion as far as practicable. r-y 794645 GENERAL SCHOOL I. AW G CONSTITUTIONAL PROVISIONS [Adopted October 1, 1889.] PREAMBLE. We the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this Constitution. ARTICLE II. The Legislative Department. J 69. The legislative assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: ******** 12. Providing for the management of common schools. ARTICLE III. § 82. There shall be chosen by the qualified electors of the state at the time and places of choosing members of the legislative assembly a ' * superintendent of public instruction * * * w ho shall have attained the age of twenty-five years, shall be a citizen of the United States, and shall have the qualifications of state electors. They shall severally hold their offices at the seat of government for the term of two years, and until their successors are elected and duly qualified. § 83. The powers and duties of the * * * superintendent of pub- lic instruction, * * * shall be as prescribed by law. § 84. Until otherwise provided by law, the * * superintendent of pub- lic instruction, * * shall each receive an annual salary of $2,000; * * but the salary of any of said officers shall not be increased or diminished dur- ing the period for which they shall have been elected, and all fees and profits arising from any of the said offices shall be covered into the state treasury. ARTICLE V. elective franchise. § 121. Amended.] Every male person of the age of twenty-one years or upwards belonging to either of the following classes, who shall have resided in the state one year, and in the county six months, and in the precinct ninety days next preceding any election, shall be deemed a qualified elector at such election. First — Citizens of the United States. Second — Civilized persons of Indian descent who shall have severed their tribal relations two years next preceding such election. (See sec. 480 Revised Codes, also State v. Denoyer, 6 N. D. 586.) § 123. Electors shall in all cases except treason, felony, breach of the peace or illegal voting, be privileged from arrest on the days of election during their attendance at, going to and returning from such election, and no elector shall be obliged to perform military duty on the day of election except in time of war or public danger. STATE OF NORTH DAKOTA § 125. No elector shall he deemed to have lost his residence in this state hy reason of his absence on business of the United States or of this state, or in the military or naval service of the United States. § 126. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of his being sta- tioned therein. § 127. Amended.] No person who is under guardianship, non compos mentis or insane, shall be qualified to vote at any election; nor shall any per- son convicted of treason or felony, unless restored to civil rights; and the leg- islature shall by law establish an educational test as a qualification, and may prescribe penalties for failing, neglecting or refusing to vote at any general election. § 128. Any woman having the qualifications enumerated in section 121 of this article as to age, residence and citizenship, and including those now qual- ified by the laws of the territory, may vote for all school officers, and upon all questions pertaining solely to school matters, and be eligible to any school office. § 129. All elections by the people shall be by secret ballot subject to such regulations as shall be provided by law. ARTICLE VIII. EDUCATION. § 147. A high degree of intelligence, patriotism, integrity and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happi- ness of the people, the legislative assembly shall make provision for the estab- lishment and maintenance of a system of public schools which shall be open to all children of the State of North Dakota and free from sectarian control. The legislative requirements shall be irrevocable without the consent of the United States and the people of North Dakota. § 148. The legislative assembly shall provide at its first session after the adoption of this Constitution for a uniform system of free public schools throughout the state; beginning with the primary and extending through all grades up to and including the normal and collegiate course. § 149. In all schools instruction shall be given as far as practicable, in those branches of knowledge that tend to impress upon the mind the vital im- portance of truthfulness, temperance, purity, public spirit, and respect for hon- est labor of every kind. j 150. A superintendent of schools for each county shall l>e elected every two years, whose qualifications, duties, powers and compensation shall be fixed by law. § L51. The legislative assembly 'shall take such other steps as may !)<• nec- essary to prevent illiteracy, secure a reasonable flegree of uniformity in course of study and to promote industrial, scientific ami agricultural improvement. § 152. All colleges, universities ami other educational institutions, for the support of which lands have been granted to iliis stale, or which are supported by a public lax, shall remain under the absolute and exclusive control of the .-tale. No money raised for the support of the public schools of tin- state shall he appropriated to or used for the support of any sectarian school. 10 GENERAL SCHOOL LAWS ARTICLE 1.— SUPERINTENDENT OF PUBLIC INSTRUCTION. § 1105. Qualifications of, term of office.] There shall be elected by the qualified electors of the state at the time of choosing members of the legis- lative assembly, a superintendent of public instruction, who shall have attained the age of twenty-five years, who shall have the qualifications of an elector for that office, and be the holder of a teacher's certificate of the highest grade, issued in this state. He shall hold his office at the seat of government for the term of two years, commencing on the first Monday in January following his election, and until his successor is elected and qualified. § 1106. To preserve miscellaneous documents.] He shall preserve in his office all books, maps, charts, works on education, school reports and school laws of other states and cities, plans for school buildings and other articles of educational interest and value which may come into his possession as such of- ficer, and at the expiration of his term he shall deliver them together with the reports, statements, records and archives of his office to his successor. § 1107. Supervision of schools.] He shall have the general supervision of the public schools of the state and shall be ex-officio a member of the board of university and school lands and of the normal school board of the state. § 1108. To furnish school supplies, blanks, etc.] He shall prepare, cause to be printed and furnished to the proper officers or persons all district clerks' record books and warrant books, school treasurers' record books, school registers, reports, statements, notices and returns needed or required to be used in the schools or by the school officers of the state. He shall prepare and furnish to school officers, through the county superintendents, lists of publi- cations approved by him as suitable for district libraries; such lists shall contain also the lowest price at which each publication can be purchased and such other information relative to the purchase of district libraries as he may deem req- uisite. § 1109. Prescribe course of study.] He shall prepare and prescribe a course of study for all the common schools of the state. § 1110. Advise county superintendents.] He shall counsel with and advise county superintendents and boards of education in special or independ- ent school districts upon all matters involving the welfare of schools and he shall, when requested, give them written answers to all questions concerning the school law. He shall decide all appeals from the decision of the county superintendents and may for such decisions require affidavits, or verified state- ments or sworn testimony as to the facts in issue. He shall prescribe and cause to be enforced, rules of practice and regulations pertaining to the hearing and determination of appeals and necessary for carrying into effect the school laws ot the state. § 1111. Conference with county Superintendents.] He shall meet with any or all of the county superintendents of the state at such time and place as he shall appoint, giving them due notice of such meeting, and it shall be their duty to attend such meetings. The object of such meetings shall be to ac- cumulate valuable facts relative lo schools, to compare views, to discuss prin- ciples, to hear discussions and suggestions relative to the examinations and qualifications of teachers, methods of instruction, text books, institutes, vis- itation of schools and other matters relating to the public schools. STATE OF NORTH DAKOTA § 1112. Rules for teachers' institutes.] He shall proscribe rules and regulations for the holding of teachers' institutes and teachers' training schools, and after counseling and advising with the county superintendent shall appoint conductors and assistants therefor. He shall prescribe the course of instruc- tion for teachers' institutes and for teachers' training schools. § 1113. To assist at teachers' institutes.] He shall when practical, attend and assist at teachers' institutes and aid and encourage generally, teach- ers in qualifying themselves for the successful discharge of their duties; he shall labor faithfully in all practicable ways for the welfare of the public schools of the state, and shall perform such other duties as shall be required of him by law. § 1114. Record of official acts.] He shall keep a complete record of all his official acts and shall file in his office all appeals and the papers pertaining thereto. § 1115. Seal.] He shall provide and keep a seal by which all his official acts may be authenticated. § 1116. Biennial report, what to contain.] He shall, on or before the first day of November preceding the biennial session of the legislative assembly, make and transmit to the governor a report showing: 1. The number of school districts, schools, teachers employed and pupils taught therein and the attendance of pupils and studies pursued by them. 2. The financial condition of the schools, their receipts and expenditures, value of school houses and property, cost of tuition and salary of teachers. 3. The condition, educational and financial, of the normal and higher in- stitutions connected with the school system of the state and as far as it can be ascertained, of the private schools, academies and colleges of the state. 4. Such general matters, information and recommendations relating to the educational interests of the state, as he may deem important. § 1117. Reports to be printed.] Three thousand copies of the report of the superintendent of public instruction shall be printed biennially in the month of December preceding the session of the legislative assembly. One copy shall be furnished to each of .the members of the legislative assembly, five to each state educational institution, one copy to each county superintendent of the state, one copy to the president of each school board, one copy to each state officer, one copy to each state and territorial superintendent and twenty copies shall be filed in the office of the superintendent of public instruction and ten copies in (he state library. Copies may be distributed among the various colleges, universities, and libraries of the United States. § HIS. School laws to be printed.] He shall in the year 1911, and every four years thereafter, cause to be printed, the school laws of the slate., with such notes and decisions thereon as may seem to him advisable, and shall furnish them through the office of the county superintendent of schools, to the school officers of the state, and to public libraries within* the state. At the close of any biennial session of the legislature Ik- shall publish in pamphlet form the laws pertaining to education enacted at that session and shall distribute them as provided for the distribution of the school laws. § 1119. Publication of proceedings of educational association.] The slate superintendent of public instruction is hereby authorized and required to publish annually, as public matter, not to exceed one thousand five hundred 12 GENERAL SCHOOL LAWS copies of the proceedings of the North Dakota Educational Association, I lie same to be distributed throughout the state by the department of public in- struction; provided, that a copy of the proceedings of said association shall be filed by the secretary or other officer of said association with the superintend- ent of public instruction, on or before the first day of February of each year. § 1120. Salary. Traveling expenses.] He shall receive an annual sal- ary of three thousand dollars and in addition thereto his actual and necessary traveling expenses incurred in the discharge of his official duties, not exceed- ing one thousand two hundred dollars in any one year, such expenses to he paid monthly on the warrant of the state auditor upon his filing with such auditor an itemized statement of such expenses properly verified. The state superin- tendent may appoint a deputy for whose official acts he shall be responsible. He may also appoint, an assistant whose duty shall be to assist the state super- intendent in visiting schools, institutes, attending school officers' meetings and to perform such other duties as the state superintendent may direct. The state superintendent may also appoint such clerks as shall be necessary in car- rying on the work of his department. ARTICLE 2.— COUNTY SUPERINTENDENT OF SCHOOLS. § 1121. Election, term of office.] There shall be elected in each or- ganized county, at the same time other county officers are elected, a county superintendent of schools, whose term of office shall be two years, commenc- ing on the first Monday in January following his election, and until his suc- cessor is elected and qualified. § 1122. Qualifications of.] No person shall be deemed qualified for the office of county superintendent in any county, who is not a graduate of some reputable normal school or higher institution of learning, or who does not hold at least a second grade professional certificate, and who has not had at least two years' successful experience in teaching, one year of which shall have been in this state. § 1123. General dltties.] The county superintendent of schools shall have the general superintendence of the common schools in his county, except those in districts which employ a city superintendent of schools. § 1124. General duties, visits.] He shall visit each common school at least once each year and carefully observe the condition of the school, the men- tal and moral instruction given, the methods of teaching employed by the teach- er, the teacher's ability, and the progress of the pupils. He shall advise and direct the teachers in regard to the instruction, classification, government and discipline of the school and the course of study. He shall keep a record of such visits and by memoranda indicate his judgment of the teachers' ability to teach and govern, and the condition and progress of the school, which shall be open to inspection by any school director. § 1125. General duties,* blanks, teachers' meetings.] He shall carry into effect all instructions of the superintendent of public instruction given with- in his authority. He shall distribute to the proper officers and to teachers all blanks furnished him by such superintendent, and needed by such officers and teachers. Acting under the instructions of the superintendent of public in- struction, he may convene the teachers of his county not to exceed one Saturday in each month during which the public schools are in progress, or if the distance STATE OF NORTH DAKOTA 13 is too great he may convene the teachers of two or more districts in each of the several portions of his county in county or district meetings, for professional instruction and'for such other work as may be approved by the superintendent of public instruction. Each teacher shall attend the full sessions of such meet- ings when required, and participate in the exercise thereof, or forfeit one day's wages for each day's absence therefrom, unless such absence is occasioned by sickness of the teacher or others to whom his attention is due; but when, on account of distance or otherwise, it would impose a hardship upon any teacher to attend, or would cause such teacher to neglect his school, the county super- intendent may excuse such teacher from attendance. § 1126. Meetings with school officers.] He may arrange for meet- ings with school officers at designated times and places, due notice of which has been given, for the purpose of inspecting the district records and instruct- ing in the manner of keeping the same, and of preparing the reports of district officers. He shall visit the officers of the several school districts as often as may be necessary to secure the correct keeping of the records. § 1127. Annual meeting of school officers.] He shall convene the members and clerks of the school boards in his county, or such representatives of the school officers of each district as the president or members of the school boards may appoint, in case he or they cannot attend personally, for the purpose of discussing plans and methods for the improvement and general care of the schools; provided, further, such general meeting shall not occur more than once in each year. § 1128. Record of official acts.] He shall keep a record of all his of- ficial acts, and shall preserve all books, maps, charts, and apparatus sent him as a school officer, or belonging to his office,. He shall file all reports and state- ments from teachers and school boards and shall turn them over to his successor in office. He shall be provided with a seal by which his official acts may be authenticated. § 1129. Prepare maps.] He shall, on or before the first day ot April of each year, prepare and furnish to the several assessors of the county a correct sectional map of their respective districts, showing the boundaries and names or numbers of all school districts therein. § 1130. File lists.] Immediately after the July meeting of the school boards, the county superintendent shall file with the county auditor and the county treasurer a list of the names of all persons chosen as presidents and clerks of the several school hoards in his county. § 1131. Apportionment of state tuition fund.] He shall make appor- tionment of the state tuition fund among the school corporations of the county, as provided in this chapter. § 1132. To decide questions of controversy.] He shall decide all mailers in controversy arising in his county in the administration of the school law or appealed to him from the decision of school officers or boards. An ap- peal may lie taken from his decision to the superintendent of public instruction, in which case a lull written sta lenient of the facts, together with the testimony and his decision in the case shall be certified to the superintendent of public instruction for his decision in the mailer, which decision shall be final, subject to adjudication or the proper legal remedies in the courts. § 113)5. Powbb to administer oaths.] lie shall have power to administer 14 GENERAL SCHOOL LAWS the oath of office to all subordinate school officers, and to witnesses and to ex- amine them under oath in all controversies pending before him arising in the administration of the school laws; but he shall not receive pay for administer- ing such oath. § 1134. Report delinquent teachers, when.1 He shall see to it that the pupils are instructed in the several branches of study reguired by law to be taught in the schools, as far as they are qualified to pursue them. If any teacher neglects or refuses to give instruction as required by law in physiology and hygiene and the nature and effect of alcoholic drinks and other narcotics, the county superintendent shall promptly notify the secretary of the state board of education. § 1135. Report to state superintendent.] He shall, on or before the fifteenth day of September in each year, make and transmit a report to the superintendent of public instruction, containing such statistics, items and state- ments relative to the schools of the county, as may be required by such super- intendent. Such report shall be made upon and conform to the blanks fur- nished by the superintendent of public instruction for that purpose. He shall not be paid his salary for the last month of his official year until he presents to the county commissioners the receipt of the superintendent of public in- struction for such annual report. § 1136. Deputies. How appointed. Salary.] In counties having fifty or more schools, the county superintendent may appoint an office deputy, for whose acts as such he shall be responsible, which deputy shall be entitled to a salary equal to fifty per cent of the county superintendent's salary, provided, that in counties having 150 or more schools, the county superintendent shall be allowed one deputy for each 100 schools or major fraction thereof under the supervision of said superintendent. Such deputies shall be for the pur- pose of assisting the county superintendent in visiting schools and in the gen- eral supervision of the educational work of the county. They shall possess the qualifications of the county superintendent of schools specified in section 1122 of this chapter and shall each receive a salary of two hundred (200) dollars per annum in excess of that paid to the office deputy. § 1137. Salary and expenses.] The county superintendent of schools shall receive an annual salary equal to that paid to the register of deeds of his county, which salary shall be paid monthly on the warrant of the county audi- tor on the county treasurer, and in addition thereto he shall receive ten cents per mile for the distance actually and necessarily traveled by him or his field deputy in the discharge of his duties within the county and in attendance at meetings of county superintendents called by the superintendent of public instruction as provided by law. He shall at the end of every three months make and furnish to the county commissioners an itemized statement sub- scribed and sworn to of the distance so traveled in the discharge of his duties, which shall be audited and ordered paid by the board of county commissioners. § 1138. Office postage and stationery.] He may provide for himself a suitable office for the transaction of official business when not provided there- with by the county commissioners, and such commissioners shall audit and pay his reasonable accounts for the use and furniture of such office. They shall also furnish him with all necessary books, stationery and postage. § 1139. Shall not absent himself from county.] No county superin- STATE OF NORTH DAKOTA 15 tendent of schools shall engage in any profession or occupation, nor shall he absent himself from the county or district for which he is elected, to engage in any occupation, profession or pursuit during the term for which he is elected for such time and in such manner as to interfere with the proper discharge of his duties as county superintendent of schools. ARTICLE 3.— COMMON SCHOOL DISTRICTS. § 1140. Each school district a corporation.] Each and every school district in this state now legally organized or which shall be organized here- after shall be and is hereby constituted a public corporation to be known and designated as : s^lool district No of County, State of North Dakota, with its proper name or number inserted in the blank space provided and with the name of the county inserted in the blank before the word county; and in its own proper name, or number, as such corporation it may sue and be sued, contract, and be con- tracted with and may acquire, purchase, hold and use personal and real prop- erty for school purposes or for the purposes mentioned in this act and may sell and dispose of the same. § 1141. What territory may be organized into district school cor- porations.] The county commissioners of each county in the state shall or- ganize into a school district any territory not, at the taking effect of this act, already organized into a school district upon being petitioned so to do by at least one-third of the residents of such territory having the care and custody of any child of school age; provided, such territory shall consist of not less than one congressional township and shall have at least twelve thousand dollars in tax- able property and at least ten children of school age residing therein. § 1142. When school corporations may be divided and attached to other districts.] If a portion of any such school district having not more than ten children of school age residing therein is separated from the other por- tion of such district by any natural obstacle which practically prevents such children from attending school in such other portion, the county commission- ers of the county may annex such portion so separated, to an adjoining school district, and the portion so annexed shall constitute a part of such adjacent school district. If such adjacent district lies in another county, the county commissioners of the two counties may jointly make such annexation; pro- vided, that whenever portions of a school district lie in different civil townships there may be created therefrom two or more distinct school districts, when in the judgment of such commissioners and the county superintendent, such change can he made without detriment to the school or to the pupils there- in, and the division can be made by following the boundary line or lines of con- gressional townships, or the meander lines of the government survey. § 1143. Annexation ok SCHOOL districts.] If a town or village not or- ganized into a special district is divided by a civil township line or if such town or village is divided by any county line, the county commissioners of such county, or the county commissioners of such adjacent counties acting in joint session, as the case may be, may, when petitioned so to do by a majority of the voters of each part of said town or village, annex one part of such town or vil- lage to the adjacent school district which includes the other part of such town Hi GENERAL SCHOOL LAWS or village and the part so annexed shall constitute a portion of such adjacent district. § 1144. When civil townships may consolidate into school districts.] In any county in this state, if a civil township, having less than fifteen per- sons of school age residing therein, by reason of the irregular course of natural boundary, contains less than twelve square miles of territory, it shall consti- tute a portion of the adjacent school district with which it has the longest com- mon boundary line. § 1145. School districts. How named.] Each school district consti- tuted or formed under the provisions of this article, shall be designated a school district as distinguished from a civil township or congressional township, and shall be named as follows: Each school district which consists of a civil town- ship shall be named " School District of , County, State of North Dakota," with the name of the civil township inserted in the blank before the word "school" and the name of the county in which it is situated inserted before the word "county." Each school district which consists of territory not organized into a civil township, but which has already a distinctive name, may by a majority vote at any annual school election, after such territory has been organized into a civil township, change such distinctive name to conform to the name given the civil township. Each school district consisting of territory not organized into a civil township which has no dis- tinctive name shall be named "School District No of County, State of North Dakota," which is organized for school purposes under the district system at the taking effect of this act, the several school districts shall retain and be known by the number which they have respectively at the time of the taking effect of this act and any school district hereafter formed in any such county shall be known by the number next higher than that of the highest pre-existing numbered district. § 1146. Boundaries, how changed.] The board of county commis- sioners and county superintendent of schools may change the boundaries of any school district or consolidate two or more districts already organized if in their judgment such change is desirable or necessary upon being petitioned so to do by a majority of the school voters residing in the districts whose boun- daries will be affected by such change. § 1147. New common school districts. How organized.] The board of county commissioners and county superintendent may organize a new school district from portions of school districts already organized, if in their judgment the organization of a new district is desirable and necessary, upon being pe- titioned so to do by at least a majority of the school voters residing in the dis- tricts whose boundaries will be affected by the organization of a new district, and by at least three-fourths of the residents of the territory to be included in the new district. No school district shall be organized under the provisions of this section which shall have less than twenty thousand dollars assessed valuation and shall have residing therein less than twelve children of school age; provided, that when the districts from portions of which -such new districts is sought to be organized, lie in two or more adjoining counties, such new district shall be organized by the concurrent action of the boards of county commissioners and county superintendents of such counties; pro- vided, further, that action on such organizations shall be taken only at the STATE OF NORTH DAKOTA 17 July meeting of the county commissioners when petitioned by a majority of the voters residing in each of the districts to be affected. Provided, further, that the county commissioners and county superintendent of schools may or- ganize a new school district from portions of school districts already organized, if in their judgment a new school district is desirable and necessary, upon be- ing petitioned so to do by at least three-fourths of the school voters residing within the territory to be included in the new district, provided, such proposed new district shall have an assessed valuation of at least one hundred twenty thousand dollars, and shall have an area equal to a congressional township or major fraction thereof and shall have residing therein at least twelve children of school age; provided, that such organization will not leave the district from which such new district is sought to be organized with an area of less than one congressional township and an assessed valuation of at least one hundred fifty thousand dollars. § 1148. Public notice given.] Whenever the board of county commis- sioners and county superintendent of schools shall be petitioned to organize a new school district or to change the boundaries of districts already organized, the county superintendent shall give public notice, for at least thirty days, to the residents of the districts whose boundaries will be affected by the organiza- tion of the new district, by mailing a notice to that effect to each school officer of such districts, and by publishing the same in the official newspaper of the county published nearest that district. § 1149. Plats of school districts prepared by county auditor. Rec- ord.] The county auditor shall prepare a record or plat of his county show- ing the boundaries, name or number of school districts in said county which record shall remain on file in his office. Whenever the boundaries of a school district are changed or a new school district organized the county auditor shall make a record of the same. § 1150. Legalizing irregularities.] All school districts, whether duly and legally organized under the provisions of statute, or not, which for one year or more last past had a de facto organization, and also all school districts, whether duly and legally organized under the provisions of statute or not, which have' heretofore attached or attempted to attach territory out side of the limits thereof and adjacent to such district, and now included in the territory com- prising or exercising the powers of such school district, are hereby declared to be legally organized and are authorized to exercise all the functions of school districts which have been duly and legally organized as provided by statute, with the boundaries which they may have at the time of going into effect of this article, and all contracts and obligations of said districts and the acts of the officials thereof are hereby ratified and confirmed so far as to give them^ the same validity which they would have had if such districts had been legallly organized. ARTICLE 4.— ELECTION OF OFFICERS IN COMMON SCHOOL DISTRICTS. § 1151. Officers to be elected.] On the first Tuesday in .June of each year there shall be elected one school director for the term of three years and on the first Tuesday in June of each even numbered year a school treasurer for the term of two years. Such officers shall hold their respective offices from 18 GENERAL SCHOOL LAWS the second Tuesday in July following their election for the number of years respectively for which they were elected, and until their successors are elected and qualified. At the first election for the organization of a new school dis- trict there shall be elected at large for such school district three directors, one to serve until the first annual election, one to serve until the second annual election thereafter and one to serve until the third annual election thereafter, and a school treasurer to serve until the annual election in the next even num- bered year and until his successor is elected and qualified. § 1152. Polling places, how established. Appointment of elec- tion officers.] The county superintendent in each county shall, at least twenty-one days prior to the first election in the new district, fix and desig- nate some polling place in each school district so located as to be convenient for the voters of such district, and shall appoint two persons to act as judges and two to act as clerks of the election of such school officers; such judges and clerks shall be qualified voters in their respective districts. The county super- intendent shall notify in writing such judges and clerks of their appointment, and of the place fixed and designated as the polling place in their respective districts and shall furnish them with the necessary blanks and poll books for such election. He 'shall also furnish one of such clerks with three notices of such election specifying the time and place at which such election is to be held. The officers to be elected and term of each which notices such clerk shall post in three of the most public places in the district at least fourteen days prior to such election. The county superintendent shall fix the date and perform such other duties as devolve upon him by the provisions of this section for the first election in any school district hereafter formed under the provisions of this chapter, and such election shall be called by the county superintendent within thirty days after the formation of such school district. § 1153. Who Qualified to vote or hold office.] At any election of school officers in any school district in this state all persons who are qualified electors under the general laws of the state and all women twenty-one years of age having the necessary qualifications as to citizenship and residence re- quired of male voters by law, shall be qualified voters and shall be eligible to the office of county superintendent of schools, school director, district treas- urer, school district clerk, or member of the board of education, or may be judge or clerk of such election: provided, however, that the county superin- tendent shall possess the educational qualifications named in section 1122. § 1154. Hours polls open.] At all elections for school district officers the polls shall be opened at 2 o'clock p. m. and closed at 5 o'clock p. m. § 1155. Notice of annual election.] At least fourteen days before the first Tuesday in June of each year the district school board of each school dis- trict shall designate one polling place as convenient as possible to the voters of such district at which such annual election shall be held, and shall cause notice of such election to be posted in at least three of the most public and con- spicuous places within the district. Such notices shall be signed by the clerk or in his absence by the president of the district school board, and shall state the time and place of holding such election, and the officers to be elected and their terms of office, and shall be substantially in the following form: Notice is hereby given that on Tuesday, the day of June, A. D. 19 {...., an election will be held at ....(here in- STATE OF NORTH DAKOTA 19 sert polling place) for the purpose of electing.. (here insert officers to be elected and term each is to serve) for School District No or for (here insert name of school district). The polls will be opened at 2 o'clock p. m. and closed at 5 o'clock p. m. of that day. By order of School Board, i Signed. § 1150. Judge's oath.] At such annual election any two of the directors of the school district may act as judges and the clerk of the district school board and one other person to be chosen by the voters present at the opening of the polls, shall act as clerks. The voters present at the opening of the polls shall choose a person to fill any vacancy caused by the absence of either of such of- ficers to act as judge or clerk of such election. Before opening the polls each of the judges and clerks of election shall take and subscribe the following oath 'or affirmation: "I do solemnly swear (or affirm) that I will perform my du- ties as judge or clerk (as the case may be) according to law and the best of my ability." Such oath or affirmation may be administered by any officer au- thorized to administer oaths or by either of the judges or clerks. Any school officer elected and qualified under the provisions of this chapter is authorized and empowered to administer any oath or affirmation pertaining in any man- ner to school offices. § 1157. Election, how conducted, canvass of votes.] Such election shall be conducted and the votes canvassed as provided by law for general elections, except as otherwise provided in this chapter. Immediately after the polls are closed the judges shall proceed to count and canvass the votes for each person voted for at such election for any office, and the person receiving the highest number of votes for the office of director shall be declared elected. If the election results in a tie the district clerk shall immediately notify in writing the parties having received such tie votes, and a time shall be agreed upon by the parties, within three days after the election, at which the election shall be decided in the manner that may be agreed upon by the parties in the presence of the judges and clerks of election, and a record of the proceedings shall be made in the records of the district clerk. § 1158. Certificate of election.] The clerk of the school district shall within five days after such election furnish each person elected to any district office, a written notice of his election and of his duty to take the oath of office as such officer on or before the second Tuesday in July following such election. He shall also forward to the county superintendent within ten days after such election, a certified list of all the officers elected thereat. § 1159. Oath of office.] Each person elected to the office of school di- rector or district treasurer shall before entering upon the duties of his office take and subscribe the oath prescribed in section 211 of the Constitution, which on 111 shall be filed with the clerk of I lie school district board. 20 GENEEAL SCHOOL LAWS ARTICLE 5.— ORGANIZATION MEETINGS AND DUTIES OF COMMON SCHOOL OFFICERS. § 1160. Organization, clerk.] The school board shall meet annually on the second Tuesday in July and organize by choosing one of the members pres- ident, and a competent person, not a member of the board, clerk, who shall hold office during the pleasure of the board. § 1161. District school board Quorum.] The three school directors in each school district shall constitute the district school board. A majority of the board shall constitute a quorum and the agreement of a majority shall be necessary to the validity of any contract entered into by the board. § 1162. Meetings of board. Fees.] The board shall, on the second Tuesday in January, April, July and October of each year, hold regular meet- ings for the transaction of business at such hour and place as may be fixed by the board. A special meeting may be held upon the call of the president or the other two members. Written notice of the time and place of any special meeting shall be given to each member of the board at least forty-eight hours before the time of such meeting. Each member of the board shall be paid the sum of eight dollars per annum, less two dollars for each regular meeting which he fails to attend; provided, that in any common school district which con- tains a graded school of three or more departments the board shall hold reg- ular meetings for the transaction of business on the second Tuesday of each month at such time and place as may be fixed by the board, and in such dis- tricts the members of the board shall receive a compensation of one dollar for each meeting attended; provided, further, the members and clerks receive ten cents a mile for the distance necessarily traveled in attending general meet- ings of school officers convened by the county superintendent and also a sal- ary of two dollars, but the total sum of such salary and mileage shall not ex- ceed seven dollars for each officer at any one meeting. § 1163. Duties of the president.] The president shall preside at all meetings of the board, and shall perform such duties as usually pertain to such office, and in accordance with the customary rules of order. In his absence a president pro tempore shall preside. The president shall perform such other duties as are prescribed in this chapter. § 1164. Duties of clerk. Compensation.] The clerk of the board shall keep an accurate record of all proceedings of the board, give or post all notices, make out all reports and statements and perform all other duties required by law or by the board. He shall receive such compensation as shall be fixed by the board, not less than ten dollars for one school and five dollars for each ad- ditional school in his district; provided, that such salary shall not exceed fifty dollars in any one year; provided, further, that the clerk shall receive such ad- ditional compensation for taking the annual school census as the board may allow. § 1165. Treasurer's bond. How approved. Vacancy. How filled.] The school treasurer shall on or before the second Tuesday in July following his election and before entering upon his duties, give a bond to the school dis- trict conditioned for the honest and faithful discharge of his duties and that he will render a true account of all funds and property that shall come into his hands and pay and deliver the same according to law. Such bonds shall STATE OF NORTH DAKOTA 21 be in such sum as may be fixed by the board but not less than double the sum to come into his hands in any one year as nearly as may be ascertained, which bond shall be signed by two or more sufficient sureties, to be approved by the school board. In ease the school board neglects or refuses to approve the bond of such treasurer and the sureties thereon, such treasurer may present the same to the county superintendent and serve notice thereof upon the board and due proof of such notice being made to the county superintendent, he shall, unless good cause for his delay appears, proceed to hear and determine the sufficiency of the bond and the sureties thereon, and may approve or disapprove the same as the facts warrant. In case of a failure to elect a successor to any school treasurer at the expiration of his term of office, the said treasurer holds over and he shall be required to give a new bond, within ten days after notice by the board. In case of a failure so to do, a vacancy shall be deemed to exist in said office and shall be tilled as provided by law. In case a vacancy occurs in the office of the school treasurer, it shall be the duty of the county treasurer of the county wherein such school district is located, upon being notified by the coun- ty superintendent or clerk of such school district that such vacancy exists, to perform the duties of treasurer of such school district until the vacancy is duly filled. § 1166. When additional bonds required.] Whenever the amount in the hands of the treasurer or subject to his order exceeds two-thirds of the penal sum of his bond or when in the judgment of the board or of the county super- intendent the security on such bond is impaired, the board or county super- intendent shall require an additional bond. If the treasurer fails for twenty days to give such additional bond, the office shall be declared vacant and the vacancy shall be filled as provided by this chapter. § 1167. Surety bonds. Premiums. How paid.] Every person hereafter elected to the office of district treasurer within the state of North Dakota, be, and is, hereby required to give an official bond in a penal sum to be fixed by the board of directors, which bond shall not be in a less penal sum than double the amount of money likely to come into his hands in any one year, and such board may by resolution require that such bond shall be executed by some respon- sible fidelity or surety company authorized and qualified to do business in the state of North Dakota, and subject to approval as provided by law; provid- ed, further, if a surety bond is given it shall be for a sum fixed by the board of directors. The amount of premiums for such security or fidelity bond shall be audited by the board of directors and paid out of the general fund of the disl rict. § 1168. School funds. How paid out.] The school treasurer shall keep such accounl and make such reports as are required of him by law. He shall pay no money out of the funds in his hands except upon the warrant of the school board, signed by I lie president and countersigned by the clerk. He shall pay all warrants properly drawn and signed when presented, if there is any monej in his hands or subject to his order for their payment. ^ llli'.). Warrants to be endorsed when no funds to pay.] When a school district wan-ant is presented to the district treasurer for payment and there is no money in his hands or subject to his order belonging to the proper fund for the payment of such warrants, he shall indorse on such warrant, "presented for payment this day of 19 , (iKNKRAL SCHOOL LAWS and not paid for want of funds," and shall sign such indorsement. If he has in his hands or subject to liis order money for the part payment of such warrant he shall make such part payment and indorse the sum on the warrant and add "balance not paid for want of funds," signing the same. He shall keep a correct register of all warrants so presented and indorsed. Each warrant thus pre- sented and indorsed shall draw interest on the amount unpaid at a rate not to exceed seven per cent, per annum from the date of such presentation and in- dorsement until paid; provided, that when there shall come into the hands of the treasurer or subject to his order, money applicable to the payment of any warrant which has been so presented and registered, he shall notify in writ- ing by mail, the drawee of such warrant at his last known place of residence, to present such warrant for payment, and interest shall cease upon every war- rant ten days after such notice shall have been sent, and such money shall be held for the payment of such warrant. § 1170. Warrants, what to specify.] Each warrant drawn by the clerk or the board on the district treasurer must specify the purpose for which it is drawn, the fund on which it is drawn and the person to whom payable; and no warrant shall be issued except for indebtedness incurred prior to its issue. § 1171. Oaths and bonds. Where to be filed.] All official oaths and bonds of school district officers shall be filed with the district clerk, who shall immediately certify to the county superintendent the fact of such oaths and bonds being filed. Said clerk shall file school treasurer's bond with the county auditor after such bond has been approved by the district school board, as pro- vided in this chapter. In case of the breach of any of the conditions of the treasurer's bond, the board, through its president, and in case of his refusal so to do, the county superintendent, shall cause an action to be commenced and prosecuted thereon in the corporate name of the district, and any money collected for the district shall be paid to the district treasurer and any money collected for fines shall be paid into the county treasury and be credited to the general school fund of the state. If the board and county superintendent both fail or refuse to bring such action, any taxpayer in the district may commence and prosecute such action, and the necessary expense thereof shall be paid out of the district treasury unless otherwise ordered by the court. § 1172. Salary of school treasurer.] The school treasurer shall be paid for his services such sum as shall be fixed by the board not less than five nor more than twenty-five dollars per annum. ARTICLE 6.— POWERS AND DUTIES OF COMMON SCHOOL BOARDS. § 1173. General powers.] The district school board shall have the gen- eral charge, direction and management of the schools of the district, and the care, custody and control of all the property belonging to it, subject to the pro- visions of this chapter; provided, that in the employment of teachers, no per- son related by blood or marriage to any member of the district board shall be hired without the unanimous consent of the board. § 1174. Power to establish schools.] It shall organize, maintain and conveniently locate schools for the education of children, of school age within the district, and change or discontinue any of them as provided by law. STATE OF NORTH DAKOTA § 1175. Repairs, fuel and supplies.] It shall make all necessary re- pairs to school houses, outbuildings and appurtenances, and shall furnish fuel and all necessary supplies for the schools and provide for janitor service. § 1176. Furniture, maps, register, school library.] The district school shall, with the approval of the county superintendent of schools, furnish to each school all necessary and suitable furniture, maps, charts, globes, black- boards, and other school apparatus, including any dictionary which is recog- nized as a standard authority. The school register and all school blanks used shall be those furnished by the state department of public instruction. It shall appropriate and expend each year not less than ten ($10.00), or more than twenty-five ($25.00), for each school of the district for the purpose of school library, to be selected by the school board and the teacher, from any list of books authorized by the superintendent of public instruction, and furnished by him to the county superintendent for that purpose; provided, that all books purchased for the library shall be bound in cloth or some material equally as durable; provided, further, that when a school board of a common school, has purchased and has in their library two hundred books as afore provided, that the school board having such school under their super- vision shall be obliged to expend not less than five dollars ($5.00), annually, until such library shall contain, in good condition, three hundred volumes, after which said school board shall not be obliged to purchase so as to increase the number, but shall keep the books in good condition, and replace annually as many books as may become lost or destroyed. § 1177. Care of library. Librarian.] It shall have the care and cus- tody of the library and may appoint as librarian any suitable person, includ- ing one of their number, but whenever practicable, the library shall be kept in the school house and always so when school is in session. It shall make rules to govern the circulation and care of the books while in the hands of the pupils or other persons, subject to the general rules as may be prescribed by the state superintendent of public instruction, and may impose and collect penalties for injuries done to any book by the act, negligence or permission of the person who takes the same or while in his possession, but no book shall be loaned to any person not a resident of the district. It may at any time temporarily exchange any part or all of its library with any other district or persons, so far as different books may be obtained, but each district shall re- call its books before the close of the school term. It may at any time accept donations of books for the library, but it shall exclude therefrom all books un- suited to the cultivation of good character and good morals and manners, and no sectarian publications, devoted to the discussion of sectarian differences and creeds shall be admit ted to the library. It shall be held accountable for the proper care and preservation of the library, and shall report annually to the county superintendent all library statistics which may be required by the blanks furnished for that purpose by the superintendent of public instruc- tion. v § 1178. Teachers. How employed. Salaries.] It shall employ the teachers of the school district and may dismiss a teacher at any time for plain violation of contract, gross i in morality, or flagrant neglecl of duty. No per- son shall be permitted to teach in any public school who is not the holder of a teacher's certificate or a permit to teach, valid in the county or district in 24 GENERAL SCHOOL LAWS which such school is situated, and every contract for the employment of a teacher must be in writing and such contract must be executed before such teacher begins to teach in such school; provided, that no teacher holding a valid certificate shall receive less than forty-five dollars per month. Nothing in this section shall be construed to mean that teachers holding the same grade cer- tificate must necessarily receive the same salary. § 1179. Pupils from other districts.] It shall have the power to admit to the schools in the district, pupils from other districts, when it can be done without injuring or overcrowding such schools, and shall make regulations for their admission and the payment of their tuition. It shall have the power to arrange with the board of another district for sending to such district such pupils as can conveniently be taught therein, for paying their tuition, and for arranging and paying for their transportation to and from the school in such district; and when petitioned by a majority of the voters of a district it shall be the duty of the board of any district to arrange for sending to such district such pupils as can conveniently be taught therein, for paying their tuition and for arranging and paying for their transportation to and from the school in such district. It shall have the power to admit to the schools in the dis- trict, pupils residing in unorganized territory adjacent to the district, and to arrange with the parents or guardian of such pupils for paying their tuition; but in no instance shall a board refuse privileges to or collect tuition from pu- pils residing in such adjacent unorganized territory, if the parents of such pupils are property holders in the district and pay taxes. It shall also have the power to make proper and needful rules for the assignment and distribu- tion of pupils to and among the schools in the district, and their transfer from one school to another. § 1180. Rules. Suspension of pupils.] It shall assist and co-operate with teachers in the government and discipline of the schools and may make proper rules and regulations therefor. It may suspend or expel from school any pupil who is insubordinate or habitually disobedient, but such suspension shall not be for a longer period than ten days nor such expulsion beyond the end of the current term of school. § 1181. Branches of study.] Subject to the approval of the county superintendent, it shall have the power to determine what branches, if any, in addition to those required by law shall be taught in any school of the dis- trict. § 1182. Tax levy. Notice to county auditor.] It shall have power to levy upon the property in the district a tax for school purposes of not exceed- ing thirty mills on the dollar in any year; provided, however, that in districts having a high school an additional tax of ten mills on the dollar may be levied if a majority of the school voters of such district annually authorize such levy at the annual school election; notice that the question of levying such addi- tional tax will be voted on at the election shall be given by posting the same in three of the most public places in the district, at least fourteen days prior to said election. The levy of such additional tax, if authorized by the voters as aforesaid, shall be made by a resolution of the board prior to the twentieth day of July. § 1183. When school houses can be used for other purposes.] It may permit a school house, when not occupied for school purposes to be used STATE OF NORTH DAKOTA 25 under careful restrictions for any proper purpose, giving equal rights and priv- ileges to all religious denominations or political parties, but for any such use or privilege it shall not be at any cost for fuel or otherwise to the district. Nor shall any furniture which is fastened to the floor be removed, and whoever re- moves any school furniture for any other purpose than repairing the same or for repairing the school room, shall be guilty of a misdemeanor and shall be fined not less than five nor more than ten dollars for each offense. All fines imposed and collected under the provisions of this section shall be paid into the general school fund of the state. § 1184. School houses and sites, how determined.] Whenever in the judgment of the board it is desirable or necessary to the welfare of the schools in the district, or to provide for the children therein proper school privileges or whenever petitioned to do so by one-third of the voters of the district, the board shall call an election of the voters in the district at some convenient time and place fixed by the board, to vote upon the question of the selection, pur- chase, exchange or sale of a school house site, of the erection, removal, or sale of a school house. Said election shall be conducted and the votes canvassed in the same manner as at the annual election of school officers. § 1185. Election, how called. Plans, how prepared.] Three notices of the time, place and the purpose of such election shall be posted in three of the most public places in the district at least fourteen days prior to such meet- ing. If a majority of the 'voters present at such meeting shall by vote select a school house site or shall be in favor of the purchase, exchange or sale of the school house, as the case may be, then the board shall proceed to carry out the decision of the voters of the district, provided it shall require a vote of two- thirds of the voters present and voting at such meeting to order the removal of the school house, and such school house so removed cannot again be removed within three years from the date of such meeting; and, further, if the ques- tion of removing the school house fails to carry, then the question of removing such school house cannot again be raised within one year; provided, further, that whenever a school house is to be purchased, erected or constructed in a common school district, the school board shall consult with the county super- intendent of schools and the county superintendent of health with regard to plans providing for the proper construction, lighting, heating and ventilating; provided, further, that it shall be the duty of the state superintendent of pub- lic instruction to furnish plans for school houses of one and two rooms that will be in accord with the best ideas pertaining to heating, lighting, ventilation and other sanitary requirements; provided, further, that school boards and county superintendents shall secure from a competent carpenter or architect complete specifications and blue prints for plans furnished by the state super- intendent of public instruction, or approved plans that may be furnished by said carpenter or architect, at a cost not to exceed twenty-five dollars for a one-room school house and forty dollars for a two-room school house. A copy of such plans and specifications shall be filed in the office of the county super- intendent. § 1186. County Board of Health.] Whenever the county superintend- ent of schools shall report to the county board of health thai a school house or any school out building is in an unsanitary or unsafe condition, or that any of the pupils or any person of school age is alleged to be defective in mind or 26 GENEEAL SCHOOL LAWS body, it shall be the duty of the said board to investigate the report without delay and to direct the school board or a person in charge of the alleged de- fective to take such action as shall seem to be for the best interests of the per- sons immediately concerned. § 1187. School house sites, how obtained and maximum area allowed.] The school board of any school district may take in the corporate name there- of any real property not less than two acres, nor exceeding five acres in area chosen as a site for school house, as provided in this chapter, and may hold and use such tract for school purposes only. It shall secure good title to any and all of the school sites in the district, and cause the same to be recorded in the office of the register of deeds. It shall be the duty of the state's attor- neys to pass upon the title to any school site before the deed thereof is recorded. Should the owner of such real property refuse or neglect to grant and convey such site a site for a school house may be obtained by proceeding in eminent domain, as provided in the Code of Civil Procedure. If this site so selected is not used for the purpose for which it is taken for two successive years it shall revert to the original owner or his assigns upon payment of the sum originally paid by the school district. If such owner or his assigns neglects or refuses to make such repayment for one year after the demand therefor by the board such site shall be the property of the district. § 1188. Schools to be organized on petition.] If a petition signed by the persons charged with the support and having the custody and care of nine or more children of school age, all of whom reside not less than two and one- half miles from the nearest school, is presented to the board, asking for the organization of a school for such children, the board shall organize such school and employ a teacher therefor, if a suitable room for such school can be leased or rented at some proper location not more than two and one-half miles distant from the residence of any one of such children, and if no suitable room for such school can be leased or rented, the board shall call a meeting of the voters of the district for the selection and purchase or erection of a school house, as pro- vided for in section 1185. If at such meeting no such site is selected or if it is not voted to erect or purchase a school house for such school, the board shall se- lect and purchase a school house site and erect, purchase or move thereon a school house at a cost of not more than twelve hundred dollars for such school house and furniture therefor; provided, that the provisions of this section shall not apply in instances where schools have been consolidated in accordance with the provision of section 1190. § 1189. School terms, how arranged and when discontinued.] The district board shall determine and fix the length of time the schools in the dis- trict shall be taught each year, and when each term of school shall begin and end. It shall so arrange such terms as to accommodate and furnish school privileges equally and equitably to pupils of all ages; provided, that every com- mon school shall be kept in session for not less than seven months in each school year; provided, further, that any school may be discontinued when the av- erage attendance of pupils therein for ten consecutive days shall be less than four, and all contracts between school boards and teachers shall contain a pro- vision that no compensation shall be received by such teacher from the date of such discontinuance, if proper and convenient school facilities be provided for the pupils therein in some other school. STATE OF NORTH DAKOTA 27 § 1190. Consolidation of schools.] The district school board may call, and if petitioned by one-third of the voters in the district, shall call an election to determine the question: (1) "To consolidate two or more schools or the ter- ritory usually served by two or more schools and select a site and provide a suitable building," or (2) "to select a school already established and, if nec- essary, make suitable additions thereto to accommodate the pupils of the schools to be vacated." Said election shall be conducted, both as to notices and as to manner of can- vassing the votes, in the same manner as the annual school elections. If a majority of the votes cast at such an election are in favor of either proposal, then the board shall carry out the decision of the district within four months thereafter. In the event of carrying out either proposal prior to or after the passage of this act, it shall be the duty of the board to provide for the transportation of the pupils at public expense to and from the consolidated school, except to those pupils living less than two and one-half miles from such school; and it shall also be the duty of the board, if deemed expedient, to move to the site selected school houses already built or to sell such school houses. § 1191. Additional school time.] If a majority of the patrons of any school averaging eight or more pupils in daily attendance for a period of three months immediately prior to the date of filing the petition with the clerk of the district board, shall petition the board to continue such school for an ad- ditional time, the board shall continue such school for that length of time if there are funds in the treasury sufficient for that purpose. § 1192. District high schools. How established and controlled.] In any district containing four or more schools, and having an enumeration of sixty or more persons of school age residing therein the board may call, and if petitioned so to do by ten or more voters in the district, shall call a meeting of the voters of such district, in the manner prescribed in section 1185 to deter- mine the question of establishing a district high school. If a majority of the voters at such meeting vote in favor of establishing such high school, the meet- ing shall further proceed to select a site therefor, and to provide for the erec- tion or purchase of a school building or for the necessary addition to some school building therefor. Thereupon the board shall erect or purchase a building or make such addition for such high school, as shall be determined at such meet- ing and shall establish therein a district high school containing one or more departments, and employ teachers therefor. § 1193. Length of term.] Such high school shall be kept in session for such time each year, not less than four months, as the board may determine. The board shall, subject to the approval of the county superintendent, grade such high school, and prescribe the studies to be pursued therein, and shall have the same management and control thereof as of the elementary schools in the district. § 1194. Adjacent districts may join.] Two or more adjacent school districts may join in the establishment and maintenance of such high school, or for a graded school or for both, when empowered so to do by a majority of the voters in each district, at a meeting called and held as provided for in this section, in which case the building and furniture occupied and used for such high school or graded school shall belong to the districts so uniting and all the 28 GENERAL SCHOOL LAWS costs of maintaining such school, or schools, including the wages of teachers and all necessary supplies shall be paid by such districts in proportion to the assessed valuation of the property in each; and the employment of teachers therefor, and the management, control and grading thereof shall be vested in the joint boards of such districts, subject to the approval of the county super- intendent of the county in which such districts are located. § 1195. School census. Annual report.] The school board shall cause an enumeration to be made between the first and twentieth day of June of each year, of all unmarried persons of school age, being over six and under twenty- one, having their legal residence in the district, giving the names and ages of such persons and the names of parents and guardians having the care and cus- tody of each; also the name and age of each deaf and dumb, blind, and feeble minded person between the ages of five and twenty-five years, residing in the district, including all such persons as may be too deaf or feeble minded to ac- quire an education in the common schools, and the names and post-office address of the parents or guardians of such persons. The enumeration shall be made upon and in accordance with the blanks furnished therefor by the county superintendent, and shall be returned to the county superintendent prior to the tenth day of July. § 1196. Reports. To whom sent.] A copy of the enumeration of such deaf and dumb persons shall be furnished the superintendent of the school for the deaf; a copy of the enumeration of such blind persons shall be fur- nished to the superintendent of the school for the blind; and a copy of the enumeration of such feeble-minded persons shall be furnished the superintend- ent of the institution for the feeble-minded, by the county superintendent im- mediately upon the receipt of the same. A copy of such enumeration shall also be kept in the office of the district clerk. § 1197. Clerk's annual report.] The board shall also cause the district clerk to make out an annual report for the year beginning July 1st, and ending June 30th, containing such actual and statistical statements and items as shall be required by the superintendent of public instruction, and upon and in ac- cordance with the blanks furnished therefor by the county superintendent. Such reports shall be carefully examined and certified to as correct by the board at its regular meeting in July, and transmitted to the county superintend- ent prior to the 1st day of August following. A copy of such report shall be filed in the district clerk's office. § 1198. Records open to inspection.] All reports, books, records, vouch- ers, contracts and papers relating to school business in the school district in the office of the clerk shall at all times be open to the inspection of any director, who shall advise and aid in securing correct records, accounts, and legal re- ports, and they shall likewise be open to the county superintendent, and any particular paper or record shall be exhibited at reasonable hours to any voter or taxpayer. § 1199. Records and teaching in English.] All reports and records of school officers and proceedings of all school meetings shall be in the English language, and if any money belonging to any district shall be expended in sup- porting a school in which the English language is not the medium of instruc- tion exclusively, the county superintendent or any taxpayer of the school cor- poration may in a civil action in the name of the corporation recover for such STATE OF NORTH DAKOTA 29 corporation all such money from the officer expending it or ordering or voting for its expenditure. § 1200. Exits required.] All school houses having more than one school room shall have the doors in the exits opening outward, and it is hereby further provided that after the passage of this act school houses of more than one room thereafter erected shall be provided with an exit not less than four feet six inches in width. All doors to be kept unlocked from 8:30 o'clock a. m. to 4:30 o'clock p. m. on school days. § 1201. Fire escapes, how constructed.] There is hereby required a stationary fire escape, consisting of iron stairways, attached to school houses having more than one story, with iron landings easily accessible from each school room above the first floor, guarded by an iron railing not less than two feet six inches in height. Such landings shall be connected by iron stairs not less than three feet wide and with steps not less than six inches tread, and pro- tected by a well secured hand rail of iron on both sides and reaching to the ground. Provided, however, that the six-foot section immediately above the ground shall be hinged to the main escape so it may be swung out of the way when not in use; further provided that this section shall not affect school houses now constructed and provided with adequate fire escapes. The way of egress to such fire escape shall at all times be kept free and clear from all obstruction of any and every nature. § 1202. Duty of school officers.] Trustees, boards of directors, boards of education, or any other person having charge of such school houses shall com- ply with the provisions of this act within six months after its passage and ap- proval. § 1203. Penalty.] Any person or board violating any of the provisions of this act shall upon conviction thereof, be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars or more than one hundred dollars. § 1204. Duties of district school boards as to tree planting.] It is hereby made the duty of every district school board in the state of North Da- kota to plant trees and shrubs upon the grounds of every school house in their district and to encourage school children to plant such trees and shrubs and to cultivate and protect I lie same. § 1205. Fences.] Where slock is permitted to run at large it is hereby made the duty of the district school board to cause to be erected about the grounds of every school house in each district a fence sufficient to protect the trees and shrubs upon the school house grounds from destruction by live stock, and such fence shall be provided with convenient gates or stiles; provided, further, thai in the construction of such fence barbed wire shall not be used. § 1206. Finds for TREE PLANTING and CULTIVATION.] The district school board is hereby empowered and it shall be its duty to expend not less than ten dollars annually lor each school yard out of the funds of the school district foi the purpose mentioned in the foregoing section. $ 1207. Stables in rural districts. Hitching posts.] If in any rural school district, a petition signed by the persons charged with the support and having the custody and care of eight or more children of school age is present- ed to the school board asking for the building of a suitable stable upon the school site. I he hoard shall provide such stable without unnecessary delay. yO GENERAL SCHOOL LAWS It shall be the duty of the school board in rural districts to provide for sub- stantial hitching posts for each school site in the district. ARTICLE 7.— SCHOOL FUNDS. § 1208. State tuition fund. How raised.] The net proceeds arising from all fines and penalties for violation of state laws, from leasing the school lands and the interest and income from the state permanent school fund shall be collected and paid into the state treasury in the same manner as is provided by law for the collection and payment of state taxes, and shall constitute the state tuition fund, which shall be apportioned among the several counties of the state in proportion to the number of children of school age in each as shown by the last enumeration authorized by law. § 1209. County treasurer to report state tuition fund quarterly.] It shall be the duty of the county treasurer to receive from the proper officers the net proceeds of fines, penalties and forfeitures for violation of state laws, and all moneys arising from leasing of school lands within the county, and to forward a detailed statement of moneys so collected, specifying the amount received from each of the above sources, to the state auditor at the same time that he is required to make reports of other moneys to such auditor. § 1210. Duty of state auditor.] It shall be the duty of the state auditor on or before the third Monday in February, May, August, and November in each year to certify to the superintendent of public instruction the amount of the state tuition fund and the superintendent of public instruction shall im- mediately apportion such funds among the several counties of the state in pro- portion to the number of children of school age residing in each as shown by the last enumeration provided for by law and certify to the state auditor, state treasurer and to the county treasurer and county superintendent of each county, the amount apportioned to the respective counties. Immediately upon receipt of such apportionment from the state superintendent as herein provided, the state auditor shall draw a warrant upon the state treasurer for the full amount of the state tuition fund apportioned to the several counties and shall deliver the same to the state treasurer, taking his receipt therefor and shall notify the several county treasurers of the amount due their respective counties and that such warrant has been issued therefor, and the state treasurer shall pay on such warrant to the several county treasurers__the amount due their respective coun- ties. § 1211. Funds kept, separate.] All moneys arising from interest on the permanent school fund and from leasing school lands shall be apportioned un- der a separate item and such money shall be taken account of as a separate item by all officers making or certifying such apportionment, or through whose hands any portion of such funds shall pass and it is further made the duty of the district treasurer to keep such funds separate from all other funds and if at the close of the school year any part of such funds which was apportioned prior to the third Mondafy of May of such year remains in the hands of the district treasurer, he shall transfer the same to the general fund of the district to which it was apportioned. § 1212. Funds defined. How used.] All moneys received by the school districtfrom the apportionment made by the superintendent of public instruc- STATE OE NORTH DAKOTA 31 tion shall constitute and be designated the state tuition fund. All moneys received from district taxes, from subscription, from sale of property, or from any other source whatever except from apportionment made by the superin- tendent of public instruction shall be designated the general fund. In addition to the state tuition fund and the general fund, a sinking fund may be estab- lished as provided by this article. The state tuition fund shall be used only in the payment of teachers' salary; provided, that if the amount of state tuition apportioned to any district in any one year is insufficient for the payment of teachers' salary in such district, any money on hand or available belonging to the general fund of such district may be applied to meet such deficiency; provided, further, that if the state tuition fund apportioned to any district in any one year is more than sufficient for the payment of teachers' wages in such district the portion of such fund in excess of the amount so required shall be transferred to and become a part of the general fund. § 1213. Funds controlled and paid out by district treasurer.] All funds shall be kept in the possession or under the control of and paid out by the district treasurer except as otherwise provided in this chapter, and he shall keep for each district one general account of the entire receipts and expendi- tures, and separate itemized accounts, as herein provided, for each class of re- ceipts and expenditures. His books shall at all times show by entries under proper heads all receipts of funds and payments made therefrom, so as to en- able any person readily to ascertain the balance in any fund. § 1214. Not entitled to tuition fund, when. Enumeration.] No school district shall be entitled to receive any portion of the state tuition fund that fails to make a report of the enumeration of the children of. school age in the manner provided by law, nor until the enumeration has been taken and re- ported as required by law. The county superintendent is empowered to with- hold the payment of county tuition from any district whose officers have failed to make the reports required by law; and, further, the county superintend- ent shall not authorize the payment of money apportioned to any district un- less the bond and oath of the treasurer of such district has been duly approved and filed as provided by law. § 1215. Enumeration in new districts.] New districts organized after the annual enumeration has been taken shall proceed immediately to take the enumeration as provided by law, and after the receipt of such enumeration by the superintendent of public instruction through the county superintend- ent, the newly organized district shall receive its proportionate share of the funds to be apportioned. § 1216. Apportionment of finds withheld, when.] The county super- intendent shall have the right to withhold the apportionment of the county tuition fund (two mill tax and school poll tax) from any school district other than the new districts herein provided for, which has not maintained school therein for a period of not less than six school months in each school of said district during the school year preceding such apportionment or has not other- wise provided school facilities for the pupils of that district; provided, further, that it shall be mandatory upon the county superintendent to withhold the apportionment of the county tuition funds from any district which has not maintained school for a period of at least five months in each school in said dis- trict or has not otherwise provided school facilities for the pupils of that dis- GENERAL SCHOOL LAWS trict for the school year preceding such apportionment; and when such ap- portionment of county tuition fund shall l>e withheld by the county super- intendent from any district, it shall revert to the funds from which it was orig- inally apportioned. § 1217. Apportionment of state tuition funds by County Superin- tendent.] Within thirty days and not less than twenty days after receiving the certificate of apportionment from the superintendent of public instruction and the certificate from the county auditor as provided for in section 1225 of this chapter, the county superintendent shall apportion separately to the several school districts, which are entitled to any portion of the state tuition and spe- cial funds within the county, in proportion to the number of children residing in each district over six and under twenty-one years of age as appears from the last enumeration authorized by law, upon which the superintendent of public instruction made the apportionment to the several counties, and he shall immediately notify each district treasurer of the amount of tuition fund in the county treasury due the district, and shall certify to the county treas- urer and to the county auditor the amount due each school district. The coun- ty treasurer shall deliver to the several school treasurers, upon the order of the county auditor, the amounts apportioned to their respective districts, taking a receipt therefor. § 1218. Treasurer's accounts. Annual settlement.] The district treasurer shall open new accounts with each fund at the beginning of each school year, and the balance of each fund shall be brought down and become a part of the first entry in opening the account for the new year. On the second Tues- day in July, the school board shall make settlement with the district treasurer and shall carefully examine his books, accounts, and vouchers, and shall as- certain if the amount of all warrants, bonds and coupons paid and redeemed or paid in part, together with the cash in his hands or under his control, is equal to the amount of cash on hand at the beginning of the school year, together with all money received by him from all sources for school purposes during the year. The disrict treasurer shall deliver to the board at such annual meet- ing, all warrants, bonds, and coupons paid and redeemed by him during the school year and held by him as vouchers, taking the receipt of the board there- for, and such vouchers shall forthwith be filed with the district clerk. He shall at that meeting make his annual report in triplicate, one copy to be preserved in the treasurer's office, one to be filed with the clerk of the school board and one to be transmitted to the county superintendent of schools, and the board shall cause to be published an itemized statement of the receipts and expen- ditures of the preceding year in a newspaper of the county nearest said school district; provided, that if said board or treasurer shall have failed to publish said statement by the first of September following the presentation of the treas- urer's annual report, then it shall be the duty of the county superintendent of schools to cause the publication of the same in a newspaper of the county, said publication to be paid for by the school district. The treasurer's reports shall show the following: STATE OF NORTH DAKOTA 33 RECEIPTS The balance at the close of the year. The amount received into the state tuition fund. The amount received into the special fund. The amount received into the county tuition fund. The amount received into the sinking fund. EXPENDITURES The amount paid for school houses, sites and furniture. The amount paid for apparatus and fixtures. The amount paid for teachers' wages. The amount paid for services and expenses of school officers. The amount paid for redemption of bonds. The amount paid for interest on bonds. The amount paid for incidental expenses. The cash on hand at the close of the school year. Such report shall include such other items as may be required by the dis- trict board, or the superintendent of public instruction, and shall be upon and in conformity with the blanks furnished him for that purpose. § 1219. When county treasurer to pay funds to district treasurer.] The treasurer of each district shall apply to the county auditor for an order, and the county treasurer shall pay over to him on such 'order all of the school money collected for such district and all school money apportioned to such dis- trict by the county superintendent of schools, and the county auditor shall issue such order; provided, such district treasurer has qualified and filed his oath and bond as provided by law. It shall be the duty of the county treas- urer, when payment is made to any school treasurer or any funds herein pro- vided for, immediately to notify the clerk of the school board of the payment of the same. § 1220. County treasurer to keep accounts with the school corpo- ration.] Each county treasurer shall keep a regular account with each school corporation, in which he shall charge himself with all taxes collected by levy of the district school board and all sums apportioned to the district by the county superintendent or other authority and all sums received from the dis- trict, and he shall credit himself with all payments made to the treasurer of the district, distinguishing between the items paid by apportionment, those from county taxes and those from other sources. He shall also credit him- self with all payments for redemption or endorsement of warrants in the col- lection of taxes and shall deliver to the district treasurer a duplicate tax re- ceipt for the amount of each warrant so indorsed or redeemed, together with all warrants so redeemed at the time of making other regular payments to the district treasurer. To these credits, to balance the accounts, he shall add all items for legal fees, for collection and other duties. He shall annually on the first day of July file with the county superintendent of schools an itemized statement of all funds remitted by him during the preceding school year to each of the respective school district treasurers. On the same day he shall also send statement to each of such treasurers itemizing the payments made 34 GENERAL SCHOOL LAWS by him during such time to such respective treasurers. Also, he shall, on the same day, send to each district clerk a copy of the statement which he sends to the trrasurer of that district. § 1221. School taxes, how and when collected.] It shall be the duty of the county treasurer to collect the taxes for school purposes at the same time and in the same manner that the county and state taxes are collected, and full power is hereby given him to sell property for school taxes the same as is pro- vided by law for the collection of other taxes, whenever an error occurs in the tax list of any school district, the school board or board of education in special or independent districts or districts organized under special laws may correct such errors and refund such taxes improperly collected. All penalties and in- terest collected on delinquent school taxes shall be applied to the proper fund to which such delinquent taxes belong. § 1222. School board to levy tax.] Each district school board shall have power and it shall be its duty to levy upon all property subject to taxation in the district, a tax for school purposes of all kinds authorized by law, not ex- ceeding in the aggregate a rate of thirty mills on the dollar in any one year; provided, that such board may in addition thereto whenever there are past due warrants outstanding in said district levy not to exceed fifteen mills ad- ditional in any one year; provided, further, the provisions of this section shall apply only to payment of warrants issued for a legal purpose and outstanding on July 1st, 1915. Such tax shall be levied by resolution of the board prior to the twentieth day of July of each year, which resolution shall be entered in the records of the proceedings of the board. The clerk shall immediately thereafter notify the county auditor in writing of the amount of tax levied, and such notice shall be substantially the following form: State of North Dakota, ) ) ss. County of ) .School District. To County Auditor of County: Sir: You are hereby notified that the school board of school district.... has levied a tax of dollars upon all real and personal property in said school district for school purposes. You will duly enter and extend such tax upon the county tax list for collection upon the taxable property of such school district for the current year. Dated at ..this day of 19 District Clerk. § 1223. Levy to pay judgment.] The notice of a tax levy to pay any judgment against the district shall be in addition to the regular tax and shall be certified to the county auditor under the same general form, as near as may be; provided, that if the boundaries of such district shall embrace a portion of two counties then the clerk of such district shall certify to the county audi- tor of the county in which is located the original district to which such por- STATE OF NORTH DAKOTA 35 tions of the district embraced in the other county is attached, in addition to the tax levy above mentioned, a list and valuation of all property subject to taxation in such portion of such district embraced in the other county, as shown by the assessor making the assessment in such county, township or assessor's district, and the auditor shall enter such property upon the tax duplicate of his county and levy all school taxes upon the same, and the county treasurer of the county shall collect the taxes levied thereon the same as other taxes are collected and pay the same over as provided by law. § 1224. Tax, how levied.] The county auditor of each county shall at the time of making the annual assessment and levy of taxes levy a tax of one dollar on each elector in the county for the support of public schools, and a further tax of two mills on the dollar on taxable property in the county, to be collected at the same time and in the same manner as other taxes are collected, which shall be apportioned by the county superintendent of schools among the school districts of the county. § 1225. How apportioned.] It shall be the duty of the county auditor on or before the third Monday in February, May, August, and November in each year, to certify to the county superintendent of schools the amount of such county tuition fund, which the county superintendent of schools shall apportion among the several school districts in the same manner as provided for the apportionment of the state tuition fund. The county superintendent shall file with the county auditor and the county treasurer a certified statement showing the amount apportioned to each district. § 1226. Apportionment of delinquent taxes.] It shall also be the duty of the county auditor to certify at the time herein specified the amount of de- linquent taxes collected for the special tuition fund prior to those levied for the year 1899 which amounts shall be apportioned by the county superintend- ent of schools as herein provided. § 1227. Maximum levy for final judgment. Taxes to be uniform.] When any final judgment shall be obtained against a school district the board thereof shall levy a tax upon the taxable property of such district not exceeding in amount twenty mills on the dollar in any one year, which shall be used in the payment thereof. The county auditor shall make out, charge and extend upon the tax list against each description of real property and against all per- sonal property, and upon all taxable property of the district, all such taxes for school and judgment of which he has been notified, have been levied by the district in which the property is situated and taxable, in the same manner in which the county and state tax list is prepared, and deliver it to the county treasurer at the same time. All taxes for school purposes shall be uniform upon the property within each school district. § 1228. Indebtedness of district. How adjusted when no legal school board exists.] If any school district in the state has for one or more years past, either through failure to elect a school board or through a failure of the county superintendent to appoint a school board, been without a legal school board or if hereafter any .school district through such failure to elect or ap- point such school board shall be without such legal school board and such dis- trict shall have an authorized indebtedness either in bonds, interest due on bonds or otherwise, it shall be the duty of the county superintendent, the coun- ty treasurer and county auditor, acting as a board of adjusters, to assess upon 36 GENERAL SCHOOL LAWS the taxable property of such school corporation a tax not to exceed twenty mills on the dollar in any one year upon the assessed valuation thereof for the payment of the same. Which tax so levied shall be extended upon the tax lists by the county auditor and be collected and shall be applied upon and used for the payment of such indebtedness and shall be paid to the creditors of such district upon the warrant of the county auditor, countersigned by the county superintendent, and all warrants, bonds, interest coupons, receipted bills or accounts shall be filed in the office of the county auditor, and in the case such school corporation has a bonded indebtedness, it shall be the duty of such board of adjusters to levy a tax upon the property of such district suf- ficient to create a sinking fund for the redemption of such bonds upon the ma- turity of the same, such sinking fund to be levied and provided for in compli- ance with the requirements of such bonds. ARTICLE 9.— SPECIAL DISTRICTS. » § 1229. Cities governed by the provisions of this article.] All cities and incorporated towns and villages which have heretofore been organized under the general school laws, and which are provided with a board of educa- tion, shall be governed by the provisions of this article. Any city, or incor- porated, or platted town or village, may be constituted a special school dis- trict in the manner hereinafter prescribed, and shall then be governed by the provisions of this article; provided, that any city heretofore organized for school purposes under a special act, may adopt the provisions of this article by a majority vote of the voters therein, in the same manner as is provided for the organization of a new corporation under the provisions of this article. § 1230. Special school districts.] Whenever any platted or incorporat- ed city, town or village shall constitute a portion of a school district, it may be organized into a special school district, alone or with contiguous territory, and the property and indebtedness of such organized school district divided as here- inafter provided. § 1231. Superintendent shall call election on petition. When.] In such cases a petition signed by a majority of the voters of such school district, including women who are legal voters, may be presented to the county super- intendent of schools for the division of such school district and the organiza- tion of such city, town or village, together with such territory contiguous there- to as may be described in said petition, into a special school district, and setting forth in detail the boundaries of such proposed special district, the manner and terms of the division of the property, real and personal, and the indebted- ness, bonded or otherwise, of such school district as desired by the petitioners, and thereupon such superintendent shall within five days call an election to be held in such proposed special district, incorporated city, town or village, and an election to be simultaneously held in that portion of such school dis- trict, situated outside of such proposed special district, city, town or village. § 1232. Notice given, election. How held.] Such superintendent shall cause notice of each of such elections to be given by publishing notices thereof, stating the time and place of holding such elections, in a newspaper, published in such school district (if any), and if there is no newspaper published in such school district, then by posting three notices of the election to be held, in such STATE OF NORTH DAKOTA 37 proposed special school district, city, town or village, and in three public places in said district outside of such proposed special school district, city, town or village. Such notices shall be posted or published not less than fourteen days before such election. Such superintendent shall appoint judges and clerks of such elections and the same shall be held and conducted in the same man- ner, and the polls shall be opened at the same time as in other school district elections, and the result of such elections shall be certified and delivered to such superintendent within three days after the close of the polls. § 1233. Ballots. How printed.] There shall be printed or written on the ballots used at such election the following statement: "For division of (here state the name of the district to be divided) and the division of its property and debts as follows: (here state the boundaries of the proposed special school district and the manner and terms of such division as set forth in the petition filed)." The voter shall write after such statement the word "yes" if in favor of such division, and the word "no" if against it. § 1234. Superintendent shall notify president of school board.] Such superintendent shall thereupon forthwith notify the president of the school board of such school district and the auditor or clerk of such city, town or vil- lage, of the result of such elections. § 1235. Districts constituted.] If such elections shall each be in favor of the division of such school district, such proposed special school district, city, town or village shall thereafter constitute a special school district; and such original school district situated outside of such special school district, city, town or village, shall constitute a common school district. § 1236. Election for special district and common district.] The county superintendent shall thereupon call an election for the election of of- ficers of such special school district and common school district, of which elec- tion notice shall be given for at least fourteen days; such elections shall be held as in other cases, in common school districts and special school districts, and such special school district shall thereafter be subject to all provisions of law affecting other school districts. § 1237. Dtvision of property.] Such school district and such special school district shall thereupon proceed to divide the property of such original school district according to such petition and shall be bound respectively to pay the indebtedness of such district as provided in such petition, and may make any contracts or conveyances necessary to carry into effect all the provisions of such petition. § 1238. Bonded indebtedness. Tax to be levied to pay.] In case such original school district shall have outstanding any bonded debt for the payment of which no sufficient levy of taxes has been made, the board of educa- tion of such special school district and the school board of such school district, shall at the time of making the next annual tax levy, levy a tax sufficient to pay the interest and also the principal of so much of such bonded debt as shall be assumed by said special school district and such common school district respectively as the same mature, and shall designate the amount of such tax to be collected in each year thereafter, and shall certify such levy to the county auditor, who shall thereupon enter and extend upon the tax list in each year the amount of such tax to be collected in that year. § 1239. Bonded debt. Spkcial school district and common school 38 GENERAL SCHOOL LAWS district to pay.] Such special school district and such common school dis- trict shall provide for and pay according to the terms of the bonds, such por- tion of bonded debt as is assumed by it. § 1240. Adjacent territory. How attached for school purposes.] When any special school district has been organized and provided with a board of education under any general law, or a special act, or uuder the provisions of this article, territory outside the limits thereof but adjacent thereto may be attached to such special school district by the board of education thereof, upon application in writing signed by a majority of the voters of such adja- cent territory; provided, that no territory shall be annexed which is at a greater distance than three miles from the central school in such special district, except upon petition signed by two-thirds of the school voters residing in the terri- tory which is at a greater distance than three miles from the central school in such special district; and upon such application being made, if such board shall deem it proper and to the best interests of the school of such corporation and of the territory to be attached, an order shall be issued by such board at- taching such adjacent territory to such corporation for school purposes, and the same shall be entered upon the records of the board. Such territory shall from the date of such order be and compose a part of such corporation for school pur- poses only. Such adjacent territory shall be attached for voting purposes to such corporation, or, if the election is held in wards, to the ward or wards or election precinct or precincts to which it lies adjacent; and the voters there- of shall vote only for school officers and upon such school questions; provided, that nothing in this act shall prevent any such adjacent territory from being annexed because of such adjacent territory being in an adjoining county, and provided, that the county commissioners may detach any part of such adjacent territory which is at a greater distance than three miles from the central school in such special district and attach it to any adjacent common or special school district or districts upon petition to do so, signed by three-fourths of the legal voters of such adjacent territory; provided, further, that in all cases fourteen days' notice of a hearing before the board shall be given, by publication in the nearest newspaper and posted notices in conspicuous places, three in the special district, three in the territory sought to be annexed, and three in the district remaining from which the territory shall be taken. And such territory shall not become a part of the special district until five days after such hearing, upon order of the board as hereinbefore pro- vided; and all assets and liabilities shall be equalized according to section 1327. § 1241. Name of body corporate.] Every such district shall be a body corporate for school purposes by the name of "The Board of Education of the city, town or village (as the case may be) of (here insert the corporate name of the city, town or village) of the State of North Dakota," and shall possess all the powers and duties usual to corporations for public purposes or conferred upon it by this article or which may hereafter be conferred upon it by law; and in such name it may sue and be sued, contract and be contracted with, and hold and convey such real and personal property as shall come into its possession by will or otherwise; and it shall procure and keep a corporate seal by which its official acts may be attested. § 1242. Conveyance of school property. How executed.] Any such city or incorporated town or village is authorized and required upon the re- STATE OF NORTH DAKOTA 39 quest of the board of education, to convey to such hoard of education all prop- erty within the limits of any such corporation heretofore purchased by it for school purposes and now held and used for such purposes, the title to which is vested in any such civil corporation. All conveyances for such property shall be signed by the mayor or president of the board of trustees or commis- sion and attested by the clerk of such corporation, and shall have the seal of the corporation affixed thereto and be acknowledged by the mayor or president in the same manner as other conveyances of real estate. § 1243. Special school districts. How organized.] When a petition signed by one-third of the voters of a city, incorporated or platted town or village, or a school district in which is located a city or incorporated or platted town or village entitled to vote at such election, is presented to the council, commission or board of trustees of such city, incorporated or platted town or village or school district, asking that such city, incorporated or platted town or village or school district be organized as a special school district, such coun- cil, commission or board of trustees shall within ten days order an election for such purpose, notice of which shall be given, and the election conducted and the returns made in the manner provided by law for the annual school election; and the voters of such city, incorporated town or village or school district shall vote for or against organization as a special school district at such election. § 1244. Election of first board of education.] If a majority of the votes cast at such election is for organization as a special school district, an- other election shall be called in the same manner as prescribed in the foregoing section, at which the voters of such city, incorporated town or village or school district shall elect five members of the board of education, two of whom shall serve until the first annual election, two until the second annual election, and one until the third annual election thereafter, and until their successors are elected and qualified, and their respective terms shall be determined by lot. § 1245. Terms of office. Quorum.] The board of education of each special district shall consist of five members who shall be elected by the legal voters thereof and who shall hold their office for the term of three years and until their successors are elected and qualified, except as provided for first elec- tions under this article; and three members shall constitute a quorum for the transaction of business at any legal meeting. § 1246. Compensation of members. Must not be interested in con- tracts.] Each member of such board of education shall receive a compensa- tion of one dollar and fifty cents for each meeting of such board actually attend- ed by him; provided, that no compensation shall be allowed for more than one meeting in each calendar month. The members shall not be interested, di- rectly or indirectly, in any contract for making any improvements or repairs, or for erecting any building or for furnishing any materials or supplies for their district. § 1247. Meetings of board.] The annual meeting of such board of ed- ucation shall be held on the second Tuesday in July following the annual elec- tion, at which time the newly elected members shall assume the duties of their office. The board shall meet for the transaction of business as often as once in each calendar month thereafter and may adjourn for a shorter time. Spe- cial meetings may l>r called by the president or in his absence by any two mem- bers of the board or by giving a personal notice to each member of the board 40 GENERAL SCHOOL LAWS or by causing a written or printed notice to be left at his place of residence, at least forty-eight hours before the time of such meeting. § 1248. Organization of board ] At the annual meeting on the second Tuesday in July of each year such board of education shall organize by elect- ing a president from among its members, who shall serve for one year, and they shall also appoint a clerk and a treasurer, not of their own number, who shall hold their offices during the pleasure of the board and receive such compensa- tion for their services as shall be fixed by the board. In the absence of the president at any meeting a president pro tempore may be elected by the board. § 1249. Duties of president.] The president shall preside at all meet- ings of the board, appoint all committees whose appointment is not otherwise provided for and sign all warrants ordered by the board to be drawn upon the treasurer for school moneys and perform other acts required by law. § 1250. Duties of clerk. Records.] The clerk shall keep a true rec- ord of all the proceedings of the board, take charge of its books and documents, countersign all warrants for school moneys drawn upon the treasurer by order of the board and affix the corporate seal thereto and perform such other duties as the board may require. The records, books, vouchers and papers of the board shall be open to examination by any taxpayer of the district. Such rec- ord or a transcript thereof certified by the clerk and attested by the seal of the boaid, shall be received in all courts as prima facie evidence of the facts therein set forth. § 1251. Powers and duties of board.] Each board of education shall have the power and it shall be its duty: 1. To establish a system of graded common schools which shall be free to all children of legal school age, residing within such special district, and shall be kept open not less than seven nor more than ten months in any year. 2. To establish and maintain such schools in its city, town or village, as it shall deem requisite or expedient and to change or discontinue the same. 3. To establish and maintain a high school, whenever in its opinion the educational interests of the corporation demand the same, in which such courses of study shall be pursued as shall be prescribed or approved by the superin- tendent of public instruction, together with such additional courses as such board of education may thereafter deem advisable to establish. 4. To purchase, sell, exchange and hire school houses and rooms, lots or sites for school houses, and to fence and otherwise improve them as it deems proper. 5. Upon such lots and upon such sites as may be owned by such special district, to build, alter, enlarge, improve and repair school houses, out houses and appurtenances as it may deem advisable. 6. To purchase, sell, exchange, improve and repair school apparatus, text books for the use of the pupils, furniture and appendages, and to provide fuel for the schools. 7. To have the custody of all school property of every kind and to see that the ordinances and by-laws of the city or village in relation thereto are ob- served. 8. To contract with, employ and pay all teachers in such schools and to dismiss and remove for cause any teacher whenever the interests of the school may require it; but any such teacher shall be required to hold a certificate to teach, issued by the county superintendent or the superintendent of public STATE OF NORTH DAKOTA 41 instruction, and if any such teacher holds only an elementary certificate the board may impose such further requirements as the best interests of the several grades may require. No person who is related to any member of the board, by blood or marriage, shall be employed as a teacher without the concurrence of the entire board. 9. To employ, should it deem expedient, a competent and discreet person as superintendent of schools for a period not to exceed three years, and to pay such person a reasonable salary; such superintendent may be required to act as principal or teacher in such school. 10. To defray the necessary and contingent expenses of the board, includ- ing the compensation of its clerk. 11. To adopt, alter and repeal, whenever it may deem expedient, rules and regulations for the reception, organization, grading, government and instruc- tion of pupils, their suspension, expulsion or transfer from one school to an- other. But no pupil shall be suspended or expelled except for insubordination, habitual indolence or disorderly conduct; such suspension shall not be for a longer period than ten days, nor such expulsion beyond the end of the current term of school. 12. Each member shall visit, at least twice in each year, all the public schools in the city or village. 13. To make a report on July 1st, or as soon thereafter as practicable, of the progress, prosperity and condition, financial as well as educational, of all the schools under its charge, a copy of which, together with such further in- formation as shall be required by the superintendent of public instruction, shall be forwarded to the county superintendent, the same as reports are made by other school districts; and such report or such portion thereof as the board of education shall consider advantageous to the public, shall be published in a newspaper in the city or village, and in cities of over eight hundred inhab- itants it may be published in pamphlet form. 14. To admit children of persons not living' in such special district, and to fix and collect tuition therefor, if in its judgment the best interests of the school will permit. 15. To cause an enumeration to be made annually, of the children of school age within such special district, including those residing in any territory there- to attached for school purposes, as provided for other school districts, and re- turn the same to the county superintendent. § 1252. School under supervision of whom.] The schools of each spe- cial district shall be under the immediate supervision of the board of education or the school superintendent appointed by such board, provided that where no superintendent is appointed by the board, the schools of such district shall be under the supervision of the county superintendent of schools in the same manner as arc I he schools of a common school district. § 1253. Treasurer, custodian of school moneys.] All moneys from whatever source, which the board of education of any special district shall by law be authorized to receive, shall be paid over to the treasurer of the said board and he shall charge I he same to the proper fund. § 1254. Treasurer.] The treasurer of any city, town or village compris- ing a special district shall be treasurer of the board of education thereof; pro- vided, however, should the said special school district have within its bounda- GENEEAL SCHOOL LAWS ries and be comprised partly of territory without the limits of said city, town or village, then the said special school district shall elect, at its regular elec- tions, a treasurer in the manner provided by law for the election of school dis- trict treasurer. § 1255. Treasurer. Duties of.] The treasurer of each board of educa- tion shall keep a true account of the receipts and expenditures of the various funds separately, and shall prepare and submit in writing a quarterly report of the state of the finances of the district, and shall, when required, produce at any meeting of such board, or any committee appointed for the purpose of examining his accounts, all books and papers pertaining to his office. He shall safely keep in his possession or under his control all school moneys com- ing into his hands, and shall pay out such moneys only upon a warrant signed by the president, countersigned by the clerk and attested by the corporate seal of the board. § 1256. Treasurer's bond.] The treasurer of the board shall execute a bond to such board, with sufficient sureties to be approved by the board, in such sum as such board may from time to time require, as near as can be as- certained in double the amount of the moneys likely to come into his hands, conditioned for the faithful discharge of his duties as treasurer; which bond shall be in addition to his bond to the city, town or village. In case of the failure of the city, town or village treasurer to give such bond within ten days after being required so to do by such board of education, such treasurer's office shall become vacant and the council or board of trustees of sueh city, town or village shall appoint another person to his place, who shall give such additional bonds. § 1257. Taxable property.] The taxable property of the whole school corporation including the territory attached for school purposes shall be sub- ject to taxation. All taxes collected for the benefit of the school shall be paid in money, and shall be placed in the hands of the treasurer, subject to the or- der of the board of education. § 1258. Annual school tax.] The board of education shall on or before the twentieth day of July of each year levy a tax for the support of the schools of the corporation, including any expenditures allowed by law, for the fiscal year next ensuing, not exceeding in any one year thirty mills on the dollar on all the real and personal property within the district which is taxable accord- ing to the laws of this state, the amount of which levy the clerk of the board shall certify to the county auditor, who is authorized and required to place the same on the tax roll of such county to be collected by the county treasurer as other taxes and paid over by him to the treasurer of the board of education, of whom he shall take a receipt in duplicate, one of which he shall file in his office and the other he shall forthwith transmit to the clerk of the board of ed- ucation. Provided, however, that in districts having a high school an addi- tional tax of ten mills on the dollar may be levied if a majority ,of the school voters of such district annually authorize such levy at the annual school elec- tion. Notice that the question of levying such additional tax will be voted on at the election, shall be given by posting or publishing the same in the manner provided for the giving of notice of the election of the board of education in section 1263 of the Compiled Laws of North Dakota for the year 1913. The levy of this additional tax, if authorized by the voters as aforesaid, shall be made by a resolution of the board prior to the twentieth day of July. STATU OF NORTH DAKOTA 43 § 1259. Expenditures. Contracts.] No expenditures involving an amount greater than one hundred dollars shall be made except in accordance with the provisions of a written contract, and no contract involving an expend- iture of more than five hundred dollars for the purpose of erecting any pub- lic buildings or making any improvements shall be made except upon sealed proposals and to the lowest responsible bidder, after public notice for fourteen days previous to receiving such bids. § 1260. Board assumes control after equalization of debts and property.] When any board of education shall be organized under the pro- visions of this article, it shall, after the equalization hereinafter provided for, assume control of the schools of the city, town or village, and shall be entitled to the possession of all property of the former district or districts or parts there- of lying within such city, town or village, for the use of schools. Such board shall also be entitled to its due proportion of all moneys on hand and taxes al- ready levied but not collected, and shall be liable for a proper amount of the debts and liabilities of such former district, to be determined in the manner provided in this chapter for the equalization, determination and division of debts, property and assets of school districts consolidated or divided. § 1261. Special district may become part of common school district, when.] Any special district organized under the general school laws and pro- vided with a board of education may become a part of the common school dis- trict in which it is located, whenever it is so decided by a majority vote of the school electors of the city, town or village and of such common school dis- trict voting at an election called for that purpose. An (election) for such pur- pose shall be ordered and proper notice thereof given by the board of educa- tion of the special district, and the school board of such common school district in the same manner as is required for the election of school officers in such district, when petitioned by one-third of the voters resident in such district; and when so united the determination and division of the debts, property and assets shall be made by arbitration as provided in this chapter for school districts consolidated or divided. Villages not incorporated but heretofore organ- ized under the general school laws and provided with a board of education shall become a part of the school district in which they are located and the determination and division of the property, debts and assets shall be made by arbitration as aforesaid. § 1262. Election of boards of education in special districts.] On the first Tuesday in June, each' year, an election shall be held in each special district at which such members of the board of education shall be elected at large as shall be necessary to fill all vacancies therein caused by expiration of terms of office or otherwise, and each member elected shall serve for a term of three years commencing on the second Tuesday in July following his election and until his successor is elected and qualified except when elected to serve an unexpired term. The polls shall be open at 9 o'clock a. m. and kept open until 4 o'clock p. m. on the day of such election. § 1263. Notice of election.] Such election shall be called by the board of education of such special district, which shall cause notice thereof to be post- ed or published as required by law for the annual election of civil officers in the city, town or village comprising such special district; such notice shall be signed by the clerk, or, in his absence, by the president of the board of education of 44 GENEEAL SCHOOL LAWS such district, and shall state the time and place of holding such election and what officers are to be elected and their terms. § 1264. Notice of election. Form of.] Such notice shall be in sub- stantially the following form: Notice is hereby given that on Tuesday, the... day of June, A. D. an annual election will be held at ..(here insert polling place) for the purpose of electing the following members of the board of education ...(here insert terms for which they are to be elected), for the city, town or village (here insert name), and the polls will be open at nine o'clock a. m., and closed at four o'clock p. m. of that day. By order of the Board of Education. Signed... Clerk. § 1265. Candidates. Official ballot.] Any person desiring to be a can- didate at such election -shall file his or her name with the clerk not less than five days before such election, stating what position he or she desires to be a candidate for. At least three days before such election the clerk shall pre- pare and have printed an official ballot containing all the names filed as here- inbefore provided. Such ballot shall be headed "Official Ballot," shall con- tain the name of the district and the date of such election, shall be non-partisan, and state the number of persons to be voted for for each office, shall contain blank spaces below for writing in other names. Provided, nothing herein shall prevent any person desiring to be a candidate at such election and who failed to file as hereinbefore provided, from providing stickers to be attached to the official ballot by the voter, such stickers to be not over one-half inch in width and have printed thereon one name only. § 1266. The provisions of sections 640, 641, 644, 648, 649 and 681 of the Revised Codes of 1905, and of sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 of chapter 129 of the Session Laws of 1911, shall apply to elections held under the provisions of sections 1264 and 1265. § 1267. Election precincts and officers of election.] At least four- teen days prior to such election the board of education of each special district shall designate one polling place and appoint two persons to act as judges and two persons to act as clerks. Before opening the polls each of such judges and clerks shall take an oath that he will perform his duties as judge or clerk (as the case may be) according to law and to the best of his ability, which oath may be administered by any officer authorized to administer oaths or by either of said judges or clerks to the others. § 1268. Canvass of returns.] Such election shall be conducted, the votes canvassed in the manner provided by law for election of county officers, and returns shall be made showing the number of votes cast for each person for any office, which shall be signed by the judges and clerks of election, and the person receiving the highest number of votes for each office in the district shall be declared elected, and the returns shall be filed with the clerk of the board of education within two days thereafter. § 1269. Certificates of election.] The clerk of the board shall give to each person elected at such election a certificate stating that he was duly elected as a member of the board of education and the time he is to take the oath and enter upon the duties of his office. Such clerk shall also, within five days, cer- STATE OF NORTH DAKOTA 45 tify to the county superintendent of schools the persons so elected and their terms. § 1270. Oath of office.] Before entering upon the duties of his office each person elected or appointed as a member of the board of education shall take the oath or affirmation prescribed in section 211 of the Constitution, which oath shall be filed with the clerk of the board. § 1271. Vacancies. How filled.] The board of education of each city, town or village shall have power to appoint a person to fill any vacancy which may occur in the board; and such appointee shall hold his office until the next annual school election, at which time a person shall be elected to serve for the unexpired term; but if such vacancy shall occur within ten days before an annual election, such appointee shall hold office until the annual election in the following year. When any such appointment shall be made the clerk shall certify the same to the county superintendent. § 1272. Bonds, how and when issued.] Whenever the taxes authorized by law shall not be sufficient or shall be deemed by the board of education to be burdensome, bonds may be issued and negotiated for the purpose of rais- ing money to purchase a site or to erect suitable buildings thereon, or to fund any outstanding indebtedness, or for the purpose of taking up any outstand- ing bonds of the school corporation: provided, that the issuance of such bonds shall first be authorized by the voters of such special district as hereinafter prescribed. Such bonds shall be signed by the president and clerk and at* tested by the corporate seal of the board, shall bear the date of their issue, and be payable in not less than five nor more than twenty years from their date, at such place as shall be designated upon their face. § 1273. Denomination of bonds.] The denominations of the bonds which may be issued under the provisions of this article shall be fifty dollars or some multiple of fifty, and shall bear interest at not more than five per cent, per an- num, payable semi-annually on the first day of January and July in each year, shall show upon their face that they are issued for school purposes, and shall be sold at not less than par. Each bond shall have endorsed thereon the cer tificate of the clerk stating that such bond is issued pursuant to law and is within the debt limit prescribed by the Constitution. § 1274. Bonds. Election for issuing.] Before issuing any such bonds the board of education shall call an election for the purpose of submitting to the voters of the district the question of issuing such bonds, notice of which shall be given in the manner prescribed by law for giving notice of the annual election for the several officers of the city, town or village comprising such spe- cial district, except that such notice shall be given fourteen days before such election. Such election shall be conducted and the returns made in the manner provided for the annual election of members of the board of education and may be held at the time of the annual school election or at any other time named in such notice. The notice of such election shall clearly state the amount of the bonds proposed to be issued, the time in which they shall be made payable, the purpose for which they are to be issued, and the time and place such elec- tion will be held. At such election the voters shall have written or printed on their ballots "for issuing bonds" or "against issuing bonds," and if a major- ity of the votes cast is for issuing bonds such bonds shall be issued and negoti- ated by such board of education, but if a majority thereof is against issuing 46 (IKNERAL SCHOOL LAWS bonds such bonds shall not be issued, nor shall the question be again submit- ted for one year thereafter except for a different amount and then only upon a written petition of a majority of the^voters of the district. § 1275. Bonds to specify what. Debt limit.] The bonds, the issuance of which is provided for in the foregoing section, shall specify the rate of in- terest and the time when the principal and interest shall be paid; and no dis- trict shall issue bonds in pursuance of this article in a sum greater than five per cent, of its assessed valuation, including other debts. § 1276. Levy for interest and sinking fund.] The board of education at the time of its annual tax levy for the support of schools shall also levy a sufficient amount to pay the interest as the same accrues on all bonds issued under the provisions of this article, and also to create a sinking fund for the re- demption of such bonds, which it shall levy and collect in addition to the rate per cent, authorized by the provisions aforesaid for school purposes, and such amount of funds when paid into the treasury shall be and remain a special fund for such purpose only, and shall not be apportioned in any other way except as hereinafter provided. At or before the issuance of any bonds as herein pro- vided the board shall by resolution provide for such annual levy to pay the interest and to create such sinking fund, and such resolutions shall remain in force until all such bonds and the interest thereon shall have been paid. § 1277. Investment of sinking funds. [School districts.] All moneys raised for the purpose of creating a sinking fund for the final redemption of all bonds issued under article 14 of chapter 12 of the Political Code of the state shall be invested annually by the board of education of any special school district in this state as follows, viz: 1. In the bonds of this state or of the United States. 2. A special school district board may designate one or more national or state banks in the county where such special school district is situated, as a depositary for such sinking fund, and in such case the school board shall ad- vertise for at least fourteen days in some newspaper printed within the limits of said special school district, if there be one, if not, in the county where said school district is situated, for sealed proposals for the deposit of the sinking fund of such school district, reserving the right to reject any and all bids, and satisfying itself of the responsibility of all banks proposing to act as depositaries. Before any bank shall be designated as such depositary, it shall present to the school board a sealed proposal stating in writing what rate of interest will be paid for the deposit of such sinking funds, and shall submit to the board for its approval a bond payable to the special school district conditioned for the safe keeping and repayment of any funds deposited in such bank, which bond shall be signed by not less than three freeholders of this state as sureties or some surety bond company qualified to do business in this state, and such bond to be in the sum required by the school board and in no case to be less than double the probable amount of the funds to be deposited in such bank. The approval of such bond shall be endorsed thereon by the board and deposited with the county auditor, and any bank whose bond shall have been so approved shall thereupon be designated by the school board as a depositary for the sinking fund, and shall continue as such until such time as the board shall direct the withdrawal of such funds or until such funds are needed for the payment or the purchase of bonds as provided in this act. When the sinking fund of any STATE OP NORTH DAKOTA 47 special school district is deposited by the treasurer of the board of education of said school district in the name of the school district in such depositary, such treasurer and his sureties shall be exempt from all liability thereon by reason of loss of any such funds from the failure, bankruptcy or any other act of any such bank, to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy. Such depositary shall furnish to the clerk of the board of education of such special school district prior to the fifth day of July of each year, a verified statement of the school district account with such depositary for the year ending June 30th, which statement shall show a credit to such deposit account of all sums of interest accruing on the sinking fund deposited. 3. The board of education of any special school district may buy and can- cel the bonds of such district and pay for the same with the moneys in the sink- ing fund created to pay such bonds. 4. In first mortgages on farm lands in this state only in the following man- ner, to-wit: (a) That said first mortgages and all of them shall run for a period of time not to exceed ten years and that the funds so invested shall bear interest at a rate not less than six per cent, per annum and such interest when paid shall be covered into and become a part of the said sinking fund. (b) First mortgage loans shall' be made only upon cultivated lands within the state, and in no case on lands of which the appraised value is less than seven dollars and fifty cents per acre, and in sums not to exceed forty per cent, of the appraised valuation of such lands. Such appraisemnt to be made by the school board of such special school district or by some competent person desig- nated by them for that purpose. § 1278. Satisfaction and foreclosure of mortgages.] All or any of said mortgages may be satisfied at any time after five years from the date when made on payment of the full amount due thereon, by any instrument in writing executed in the corporate name of the special school district which shall be the payee in all notes taken for loans as herein provided and the mortgagee in all mortgages taken. Such instrument to be executed and acknowledged in the same manner as is or may be provided by law for the execution and acknowledg- ment of transfers of real estate by corporations. Such mortgages may be fore- closed by advertisement or an action in the name of the special school district in any court of competent jurisdiction as is now or may be provided by law. § 1279. Interest coupons.] When the interest coupons of the bonds here- inbefore authorized shall become due they shall be promptly paid by the treas- urer, upon presentation, out of any moneys in his hands collected for that pur- pose, and he shall indorse in red ink upon the face of such coupons the word "paid" and the date of payment and sign the initials of his name. § 1280. Security for payment of bonds.] The school fund and property of such school corporation and territory attached for such purposes is hereby pledged to the payment of the interest and principal of the bonds mentioned in this article as the same may become due. § 1281. Bond register.] The clerk of the board of education shall regis- ter in a book provided for that purpose the bonds issued under this article, and all warrants issued by the board, which register shall show the number, date and amount of such bonds and to whom payable. 48 GENERAL SCHOOL LAWS § 1282. Refunding bonds. Issuance of.] The board of education of any special or independent school district shall have power, whenever two-thirds of the members of such board shall deem it necessary for the best interests of such school district, to issue bonds for the purpose of refunding any outstand- ing bonds when the same become due. Such bonds shall be issued in denom- inations of fifty dollars or some multiple of fifty, and shall not exceed in amount the face value of the bonds they are issued to replace, and shall not bear a higher rate of interest than five per cent, per annum, payable semi-annually on the first day of January and July of each year, nor run for a longer period than twen- ty years. § 1283. Bonds may be exchanged.] Such refunding bonds may be ex- changed at par for an equal amount of outstanding bonds or may be sold at not less than par value and the proceeds applied solely to the payment of the bonds to be refunded, except that any premium that may be received on the sale of such bonds shall be kept as a separate fund and used for the payment of the interest on such bonds. § 1284. Issue of bonds. How governed.] In the issuance of such re- funding bonds the board of education shall be governed by the provisions of sections 1274 to 1280. § 1285. Surplus funds. How transferred.] Any moneys remaining in the treasury of such school districts, appropriated or held for the purpose of paying such bonds so refunded, may, at the discretion of the board of educa- tion at any time within six months after such refunded bonds have been taken up and cancelled, be transferred to the building or contingent fund of such district. ARTICLE 10.— INDEPENDENT SCHOOL DISTRICTS. § 1286. Independent school districts. How organized.] Any city heretofore organized for school purposes under a special law and provided with a board of education may become incorporated as an independent school dis- trict under the provisions of this article in the manner following: Whenever one-eighth of the legal voters of such city voting at the preceding municipal election shall petition the mayor and council thereof to submit the question as to whether such city shall establish an independent school district under this article to a vote of the electors in such city it shall be the duty of such may- or and council tp submit such question accordingly and to appoint a time and place or places at which such vote may be taken and to designate the persons who shall act as judges at such election, but such question shall not be submitted oftener than once in two years. § 1287. Notice of election.] The mayor of such city shall cause at least fourteen days' notice of such election to be given by publishing a notice there- of in one or more newspapers within such city, but if no newspaper is published therein, then by posting at least five copies of such notice in each ward or vot- ing precinct. § 1288. Form of ballots. Returns.] The ballots to be used at such election shall be in the following form: "For establishing an independent school district," or "against establishing an independent school district." The judges of such election shall make returns thereof to the city council whose STATE OF NOETH DAKOTA 49 duty it shall be to canvass such returns and cause the result of such canvass to be entered upon the records of such city. If a majority of the votes cast at such election shall be for establishing an independent school district, such independent school district shall henceforth be deemed to be organized under this article and the board of education then in office shall thereupon exercise the powers conferred upon the officers in this article until their successors are elected and qualified. § 1289. Boundaries of independent districts.] All that portion includ- ed within the corporate limits of any city, together with the additions that are now or may be hereafter attached to such city limits shall be constituted and established an independent school district to be designated as the "Inde- pendent School District of the City of " and a board of education is hereby established for the same. § 1290. Members of the board. How elected. Quorum and term of office.] Such board shall consist of one member from each ward in the city, and when the city is divided into an even number of wards then such city shall elect one member of such board at large, and when such city is divided into an odd number of wards such city shall elect two members of such board at large. Such members shall hold their office for the term of three years and un- til their successors are elected and qualified. Provided, that at the first elec- tion in independent districts hereafter organized members from even numbered wards shall be elected for a term of one year; and members from odd numbered wards for a term of two years; and members at large shall be elected for a term of three years. Provided, further, that in such cities as have been heretofore organized independent school districts that the term of office of members at large elected in 1912 shall be three years; that the term of office for mem- bers of said board from even numbered wards elected in 1912 be extended to two years from the date of their election; that the term of office of the mem- bers elected from odd numbered wards in 1911 shall remain two years, and that thereafter the term of office for all members shall be three years. A ma- jority of said board shall constitute a quorum. § 1291. Date of election. Canvass of votes.] The election referred to in the foregoing shall be held on the third Monday in April of each year, at the usual polling place for municipal elections in each ward. The mayor shall have authority and is hereby empowered to appoint two judges and one clerk for such election, who shall open the polls at the hour of eleven o'clock in the forenoon and hold the same open until five o'clock in the afternoon of the same day. Such elections shall be conducted in all respects and the polls closed and votes canvassed in the same manner as municipal elections, and the judges shall have the same power and authority in all respects as the judges of election for municipal officers, and after the votes are canvassed the judges shall make their returns to the city clerk or auditor, as the case may be, within twenty-four hours after the polls are closed and the city council shall canvass such returns and declare the result within three days thereafter, which result shall be entered upon the records of the city, and it shall be the duty of the city clerk or auditor to issue certificates of election to the persons declared elected. The judges and clerks of election shall receive the same compensa- tion for their services as at municipal elections tor mayor and aldermen. § 1292. Vacancies, now filled.] If any vacancy occurs in the board 50 GENERAL SCHOOL LAWS for any cause, the remaining members thereof shall fill such vacancy by appoint- ment until the next annual election, and at such election a new member shall be elected to fill the unexpired term. § 1293. Style and powers of board.] The board so elected shall be a body corporate in relation to all the power and duties conferred upon it by this article and shall be styled "The Board of Education of the Independent School District of the City of ...(here insert the name of the city,)" and as such shall have the power to sue and be sued, contract and be contracted with, and shall possess all the powers usual and incident to such bodies corporate, and such as shall be herein given, and shall procure and keep a corporate seal. At each annual meeting of the board the mem- bers thereof shall elect one of their number president of the board, and when he is absent a president pro tempore shall be appointed, who shall preside dur- ing such absence. The members so elected shall each qualify by taking the prescribed oath of office within ten days after receiving their certificates of election, and shall assume the duties of their office at the annual meeting of the board held on the first Tuesday in May of each year. § 1294. Responsibility of board.] The members of the board shall re- ceive no compensation, nor be interested directly or indirectly in any contract for building or making any improvements or repairs provided by this chapter. They shall have the care and custody of all public property in such district pertaining to school purposes and the general management, and control of all school matters. § 1295. Meetings of board.] The regular meetings of the board shall be held on the first Tuesday of each month, and the board may hold special meetings upon notice. The regular meeting may be adjourned for any time shorter than one month. Special meetings may be called by the president or in case of his absence or inability to act, by any three members of the board as often as necessary by giving a personal notice in writing to each member of the board or by causing such notice to be left at his place of residence at least forty-eight hours before the hour of such special meeting. § 1296. Secretary, duties of.] Such board shall appoint a secretary, who shall hold his office during the pleasure of the board and whose compensa- tion shall be fixed by the board. The secretary shall keep a record of the pro- ceedings of the board and perform such other duties as the board may pre- scribe. Such record, or a transcript thereof, certified by the secretary and at- tested by the seal of the board, shall be received in all courts as prima facie evidence of the facts therein set forth; and such records and all books, ac- counts, vouchers and papers of the board shall at all times be subject to inspec- tion by the members of such board or any committee thereof, or by any tax- payer of the district. For the purpose of economy the board may, if deemed advisable, appoint one of its own members secretary. The annual report of the secretary shall contain such items as may be required by the superintend- ent of public instruction. § 1297. General powers of the board.] The board shall have power and it shall be its duty: 1. To organize and establish such schools in the district as it shall deem requisite and expedient, and to change and discontinue the same. STATE OF NORTH DAKOTA 51 2. To purchase, sell, exchange and lease school houses and rooms, lots or sites for school houses, and to fence and improve the same. 3. To build, enlarge, alter, improve or repair school houses, outhouses and appurtenances as it may deem advisable upon lots and sites owned by the dis- trict. 4. To purchase, sell, exchange, improve and repair school apparatus, books for indigent pupils, furniture and appendages and provide fuel for schools. 5. To have the custody and safe keeping of the school houses, outhouses, books, furniture and appurtenances, and to see that the ordinances of the city council in relation thereto are observed. 6. To contract with and employ a superintendent and all teachers in such schools for a period not to exceed three years, and remove them at pleasure. 7. To pay the salaries of such teachers out of the money appropriated and provided by law for the support of common schools in such district, so far as the same shall be sufficient, and the residue thereof from the money authorized to be raised by this article. 8. To defray the necessary and contingent expenses of the board, includ- ing the compensation of the secretary. 9. To have in all respects the superintendence, supervision and manage- ment of the public schools of such district and from time to time to adopt, alter, modify and repeal, as they may deem expedient, rules and regulations for their organization, grading, government and instruction, for the reception of pupils and their transfer from one school to another, for the suspension and expul- sion of pupils subject to the same restrictions as are contained in sub-division 11 of section 1251, and generally for their good order, prosperity and utility. 10. To prepare and report to the city council of the city such ordinances and regulations as may be necessary and proper for the protection, safe keep- ing, care and preservation of school houses, lots and sites and appurtenances and all the property belonging to the district connected with or appertaining to the schools within the city limits, and to suggest proper penalties for the vio- lation of such ordinances and regulations, and annually, on or before the first Monday in July, to determine and certify to the county auditor the rate of tax- ation in its opinion necessary and proper to be levied under the provisions of this article, for the year commencing on the first day of July thereafter, and also at any time to determine how many and what denomination of bonds shall be issued and sold to pay the extraordinary outlays required. § 1298. Powers op board.] The board shall have power and it shall be its duty to levy and raise from time to time, by tax, such sums as may be de- termined by the board to be necessary and proper for any of the following pur- poses: 1. To purchase, exchange, lease or improve sites for school houses. 2. To build, purchase, lease, enlarge, alter, improve and repair school houses and their outhouses and appurtenances. 3. To purchase, exchange, improve and repair school apparatus, books, furniture and appendages. 4. To procure fuel, to pay janitors and defray the contingent expenses of the board, including the expenses of the secretary. 5. To pay teachers' salaries after the apportionment of public moneys which may be by law appropriated and provided for that purpose. GENERAL SCHOOL LAWS § 1299. Visiting schools.] Each member of the board shall visit all the public schools in the district at least twice in each year of his official term, and the board shall provide that each of the schools shall be visited by a commit- tee of three or more of their number at least once during such term. § 1300. Non-resident pupils.] Such board of education shall have power to allow the children not resident in such district to attend the schools of such district under the control and care of such board, upon such terms as the board shall prescribe, fixing the tuition which shall be paid therefor. § 1301. Collection of tax.] The tax to be levied and collected as afore- said by virtue of this article shall be collected in the same manner as other county taxes, and for that purpose the board of education shall have power to levy and cause to be collected such taxes as are herein authorized, and shall cause the amount for each purpose to be certified by the secretary to the county aud- itor in time to be added to and put upon the annual tax list of the county. And it shall be the duty of the county auditor to calculate and extend upon the annual assessment roll and tax list the tax so levied by such board, and such tax shall be collected as other county taxes are collected. § 1302. Amount of tax limited.] The amount raised for teachers' sal- aries and contingent expenses shall be only such as together with the public moneys coming to such district from the state and county fund and other sources shall be sufficient to maintain efficient and proper schools in such dis- trict. The taxes for the purchasing, leasing or improving of sites, and the building, purchasing, leasing, enlarging, altering or repairing of school houses shall not exceed in any year twenty mills on the dollar, of the assessed valuation of taxable property of the district, and the board of educa- tion is authorized and directed, when necessary, to borrow in anticipation, the amount' of the taxes to be raised, levied and collected as aforesaid. § 1303. Authority to issue bonds.] The board of education of such district is authorized and empowered, and it is its duty whenever the board deems it necessary for the efficient organization and establishment of schools, including the purchase of school sites and the construction and furnishing of school houses, in such district, and when the taxes authorized by this article shall not be sufficient or shall be deemed by the board to be burdensome upon the taxpayers of the district, from time to time to issue bonds of the district in the denomination of fifty dollars or some multiple of fifty, payable at a time not to exceed twenty-five years after date and bearing interest at a rate not to exceed five per cent, per annum, payable semi-annually on the first day of January and July of each year; and to show upon their face that they are is- sued for the purpose of building or furnishing a school house or school houses, purchasing grounds on which to locate the same, or to fund any outstanding indebtedness, or for the purpose of taking up any outstanding bonds; and the said board of education is authorized to cause the same to be sold at not less than par value, and the money realized therefrom deposited with the city treas- urer to the credit of such board of education; and when any bonds shall be so negotiated it shall be the duty of the board to provide by tax for the payment of the principal and interest of such bonds; provided, that at no time shall the aggregate amount of such bonds, including all other indebtedness, exceed fifty mills on the dollar of valuation of the taxable property of such district, to be determined by the last city assessment. STATE OF NORTH DAKOTA 53 § 1304. Moneys paid to city treasurer.] All moneys raised pursuant to the provisions of this article and all moneys which shall by law be appro- priated to or provided for such district, shall be paid over to the city treasurer of the city, and the county treasurer shall from time to time as he shall receive the county school funds, and at least once in each month, on the first Monday thereof, pay over to such city treasurer the proportion thereof belonging to such district; and for that purpose the board shall have the power to cause all needful steps to be taken including census reports or other acts or things, to enable such board to receive the school money belonging to such district, as fully and completely as though such district formed one of the school dis- tricts of the county where the same may be situated. § 1305. Bond of treasurer.] The city treasurer of such city shall give a bond to such board of education in such sum as the board shall from time to time require, with two or more sureties to be approved by the board, conditioned for the safe keeping of the school funds, which shall be in addition to his other bond; and such treasurer and the sureties upon such bond shall be accountable to the board for the moneys that come into his hands, and in case of failure of such treasurer to give such bond when required by the board, or within ten days thereafter, his office shall become vacant and the city council shall appoint another person in his place. § 130b. School funds, how kept and paid out.] All moneys required to be raised by virtue of this article shall be paid in cash or in warrants herein- after provided, drawn on the school fund only, and such moneys and all moneys received by such district for the use of the common schools therein shall be deposited for safe keeping with such city auditor to the credit of the board of education, and shall by him be safely kept separate and apart from any other funds until drawn from the treasury as herein provided. Such treasurer shall pay out the moneys authorized by this article only upon warrants drawn by the president, countersigned by the secretary and attested by the seal of such board of education. § 1307. Investment of sinking funds. School districts.] All moneys raised for the purpose of creating a sinking fund for the final redemption of all bonds issued under article 71 of Chapter 9 of the Civil Code of the state shall be invested annually by the board of education of any independent school district in this state as follows, viz: 1. In the bonds of this state or of the United States. 2. An independent school district board may designate one or more national or state banks in the county where such independent school district is situated, as a depositary for such sinking fund, and in such case the school board shall advertise for at least fourteen days in some newspaper printed within the lim- its of said independent school district, if there be one, if not, in the county where said school district is situated, for sealed proposals for the deposit of the sink- ing fund of such school district, reserving the right to reject any and all bids and satisfying itself of the responsibility of all banks proposing to act as de- positaries. Before any bank shall be designated as such depositary it shall present to the school board a sealed proposal stating in writing what rate of interest will be paid for the deposit of such sinking funds and shall submit to the board for its approval a bond payable to the independent school district conditioned for the safe keeping and repayment of any funds deposited in such 54 (iHNERAL SCHOOL LAWS bank, which bond shall be signed by not less than three freeholders of this state as sureties or some surety bond company qualified to do business in this state, and such bond to be in the sum required by the school board and in no case to be less than double the probable amount of the funds to be deposited in such bank. The approval of such bond shall be endorsed thereon by the boaid and deposited with the county auditor, and any bank whose bond shall have been so approved shall thereupon be designated by the school board as a de- positary for the sinking fund, and shall continue as such until such time as the board shall direct the withdrawal of such funds or until such funds are needed for the payment or the purchase of bonds as provided in this act. When the sinking fund of any independent school district is deposited by the treasurer of the board of education of said school district in the name of the school dis- trict in such depositary such treasurer and his sureties shall be exempt from all liability thereon by reason of loss of any such funds from the failure, bank- ruptcy or any other act of any such bank to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy. Such depositary shall furnish to the clerk of the board of education of such independent school district prior to the fifth day of July of each year, a veri- fied statement of the school district account with such depositary for the year ending June 30, which statement shall show a credit to such deposit account of all sums of interest accruing on the sinking fund deposited. 3. The board of education of any independent school district may buy and cancel the bonds of such district and pay for the same with the moneys in the sinking fund created to pay such bonds. § 1308. Expenditures not to exceed revenues.] It shall be the duty of the board in all of its expenditures and contracts to have reference to the amount of money which shall be subject to its order during the current year for the particular expenditures in question and not to exceed that amount. § 1309. Title to property of district.] The title of all property belong- ing to any such independent school district shall be vested in such district for the use of the schools, and the same while used and appropriated for school purposes shall not be levied upon or sold by virtue of any warrant or execution or other process, nor be subject to any judgment or mechanic's lien or taxa- tion for any purpose whatever; and the district in its corporate capacity may take, hold and dispose of any real and personal property transferred to it by gift, grant, bequest or devise for the use of the common schools for the dis- trict, whether the same is transferred in terms of such district by its proper name or to any person or body for the use of such schools. § 1310. Real property. Title, how conveyed.] Whenever any prop- erty is purchased by the board a conveyance thereof shall be taken in the name of such district; and whenever any sale of such property is made by the board, a resolution in favor of such sale shall first be adopted and spread upon the rec- ords of the board, and the conveyance of such property shall be executed in the name of such district by the president of the board attested by the sec- retary under the seal thereof, and acknowledged by such officers. Such pres- ident and secretary shall have authority to execute conveyances as aforesaid with or without covenants of warranty on behalf of the district. § 1311. Report of city treasurer.] It shall be the duty of the city treas- urer at least fifteen days before the annual election for members of such board STATE OF NORTH DAKOTA 55 and as often as called upon by the board, to prepare and report to such board a true and correct statement of the receipts and disbursements of moneys un- der and pursuant to the provisions of this article, during the preceding year, which statement shall set forth under appropriate head: 1. The money raised by the board under section 1298. 2. The school moneys received from the county treasurer. 3. The money received under section 1303. 4. All moneys received 1by the city treasurer, subject to the order of the board, specifying the sources from which it accrued. 5. The manner in which all money has been expended, specifying the amount under each head of expenditures and the board shall at least one week before such election, cause such statement to be published in all the newspapers of the city which will publish the same gratuitously. § 1312. New district to assume debts of old.] School districts cre- ated under the provisions of this article shall assume all obligations and liabil- ities incurred by the districts out of which they are formed, if old districts are not divided, and a proportionate part if divided. § 1313. Forfeit for refusal to serve as member of board.] It shall be the duty of the clerk of said school board immediately after the election of any person as a member thereof, personally or in writing, to notify him of his election, and if any person shall not within ten days after receiving such notice of election, take and subscribe the oath as herein provided and file the same with the city auditor, the board may consider it as a refusal to serve, and fill the vacancy thus occasioned, and the person so refusing shall forfeit and pay to the city treasurer for the benefit of the schools of such district a penalty of fifty dollars, which may be recovered in the name of such city by a civil ac- tion. § 1314. City council to pass certain ordinances.] The city council shall have the power and it shall be its duty to pass such ordinances and regulations as the board of education may recommend as necessary for the protection, preservation, safe keeping and care of the school houses, lots, sites, appurte- nances, libraries, and all necessary property belonging to or connected with the schools of the city, and to provide proper penalties for the violation thereof, and all penalties shall be collected in the same manner that the penalties for violation of city ordinances are collected, and when collected shall be paid to the city treasurer and placed to the credit of the board of education, and shall be subject to its order as herein provided. ARTICLE 11— BOARD OF EDUCATION IN CERTAIN CITIES. § 1315. Boards to be elected at large.] In each city not organized under the general law there shall be a board of education consisting of seven members having the qualifications of electors who shall be elected at large by the electors of such city qualified to vote at school elections; and, except as may be otherwise provided herein for the first election, two members of such board shall be elected annually and three triennially at a special election to he held on the Tuesday after the first Monday in June; provided, that the pro- visions of this article shall not apply to cities existing under a special act or which arc now under the general school laws. 56 GENEEAL SCHOOL LAWS § 1316. Term of office.] The term of office of a member of the board of education, except as in this article otherwise provided, shall be three years and until his successor is elected and qualified. § 1317. Elections, how conducted.] All elections under the provisions of this article shall be called, conducted and the vote canvassed and returned in the manner provided by law for general city elections. § 1318. Relatives not eligible as teachers.] No son, wife or daughter of any member of the school board shall be eligible to a position as a teacher in the schools of the district which such member represents except upon the consent of all the members of such board. § 1319. Independent school organizations under special laws abol- ished.] Any independent school district organized for school purposes under a special law, which does not include or is not included in any city or incor- porated town or village organized for municipal purposes, shall become a part of the school district in which it is located by the repeal of the special law or- ganizing or governing such independent district. Any independent district organized for school purposes under a special law or under any other law than is contained in this chapter which includes or is included in any city or incor- porated town or village organized for municipal purposes, shall become a spe- cial district by the repeal of the special law organizing or governing such in- dependent school district. Any school district or special district so constituted or constituted in part shall be governed by the provisions of this chapter; pro- vided, that nothing heiein shall prevent any such independent district from coming under the operation of this chapter in the manner therein provided. § 1320. Old school officers hold over.] The board of education or other governing board of such independent district shall continue to exercise the powers and duties devolving upon it under the provisions of such special or other law governing such special independent district, the same as though such law had not been repealed, until the second Tuesday in July following the repeal of such special or other law; provided, that all that portion of the general school laws which provides for an annual school election shall apply to such independent district and shall be in full force and effect for the purpose of electing school officers at such annual election; and such officers shall be elected in and for the whole school district, including the independent district or portion of such independent district located therein, or in and for the special district, the same as though no law had ever existed providing for the organization of such independent district; provided, further, that in a special district formed and created as herein provided, a full board of educa- tion shall be elected as provided by law for first elections, but in school dis- tricts formed as herein provided by the addition of such independent district or portion thereof there shall be elected only such officers as are required to fill the legular vacancies in the school offices of such school district heretofore organized. § 1321. Debts and assets determined by arbitration.] When the boundaries of such school district shall have been arranged as contemplated in this article, the determination and division of consolidation of all debts, property and assets of the several portions of such district or districts so con- solidated shall be made by arbitration as provided by law. STATE OF NORTH DAKOTA 57 ARTICLE 12.— VACANCIES. § 1322. Vacancy in office of superintendent of public instruction filled by appointment.] Should a vacancy occur in the office of the super intendent of public instruction, the governor shall have power and it shall be his du'y to fill such vacancy by appointment, which appointment shall be valid until the next general election and until his successor is elected and qual- ified. § 1323. Vacancy in office of county superintendent.] Should a va- cancy occur in the office of county superintendent of schools, the board of county commissioners of such county shall have power and it shall be their duty to fill such vacancy by appointment, as provided by law, which appointment shall be valid until the next general election. The county auditor shall im- mediately notify the superintendent of public instruction of such appointment. § 1324. Vacancy in office of director or treasurer. How filled.] When any vacancy occurs in the office of director or treasurer of a school dis- trict by death, resignation, removal from the district, or otherwise, the fact of such vacancy shall be immediately certified to the county superintendent by the clerk of the district, and such superintendent shall immediately ap- point in writing some competent person who shall qualify and serve until the next annual school election. The county superintendent shall at the same time notify the clerk of the school district and the county auditor of every such appointment. § 1325. Vacancy in office of clerk, how filled.] Should the office of clerk of a school district become vacant, the school board shall immediately fill such vacancy by appointment and the president of the board shall imme- diately notify the county superintendent and the county auditor of such ap- pointment. § 1326. Office, when deemed vacant.] An office of a school district shall become vacant by resignation of the incumbent thereof, but such resigna- tion shall not take effect until a successor has qualified according to law. Any office of a school district shall be deemed vacant if the person duly elected thereto shall neglect or refuse for the period of two weeks after the beginning of the term for which he was elected, to accept and qualify for such office and serve therein. Any school officer may be removed from office by a court of competent jurisdiction as provided by law. ARTICLE 13.— EQUALIZATION OF INDEBTEDNESS. § 1327. Equalization of indebtedness by arbitration.] After the boundaries of a school district have been established as provided for in this chapter, all school districts or parts of school districts that existed as school corporations, or as parts thereof, before the taking effect of this code, and that are now included in one school district, shall effect an equalization of prop- erty, funds on hand and debts; or whenever the boundaries of two or more districts are re-arranged, all districts affected by such change shall effect an equalization of property, funds on hand and debts. To effect this, such school board of such corporation constituting a school district under the operation of this chapter, shall select one arbitrator, and the several arbitrators so se- 58 GENERAL SCHOOL LAWS lected, together with the county .superintendent, shall constitute a board of arbitration to affect such equalization. If in any case the number of arbi- trators, including the county superintendent, shall be an even number, the county treasurer shall be included and be a member of such board. The county superintendent shall fix a time and place of such meeting. § 1328. Tax to equalize and pay previous debts.] Such board shall take an account of the assets, funds on hand, the debts properly and justly belonging to or chargeable to each corporation, or part o a corporation affected by such change, and levy such a tax against each as will in its judgment justly and fairly equalize their several interests. § 1329. Maximum annual tax levy for such purposes.] When the amounts to be levied upon the several corporations, or parts of corporations mentioned in the preceding section, shall be fixed, a list thereof shall be made wherein the amount shall be set down opposi e each corporation. The whole shall be stated substantially in the form herein required for certifying school taxes, and ad- dressed to the county auditor, and shall be signed by a majority of such board of arbitration; such levy shall be deemed legal and valid upon the taxable prop- er' y of each corporation; provided, however, that not more than fifteen mills thereof shall be extended against such taxable property in any one year, and such levy not exceeding fifteen mills on the dollar shall be extended as in this sec- tion provided from year to year, until the whole amount shall be so levied. The county auditor shall preserve such levies and shall extend the several rates from year to year, as above required by law for district taxes and the taxes shall be collected at the same time and in the same manner as other taxes are collected. § 1330. Proceeds to be turned over to the respective districts.] Opposite the several descriptions of property on the tax list shall be entered the school districts within which it lies, and all the proceeds of these equaliz- ing taxes shall be collected and shall be paid over to the proper school district within which the property is situated. The proceeds of taxes upon parts of districts lying outside of the district as at present constituted with which they were equalized shall be paid to the treasurer of the school district within which the property is situated; the same as hereinbefore provided for regular taxes. § 1331. Maximum tax levy for all school purposes.] The taxes levied for purposes of equalization shall be in addition to all other taxes for school purposes; provided, that all taxes for school purposes, including such taxes for equalization, shall not exceed thirty mills on the dollar in any one year. The provisions of this article shall apply to and govern all school districts and parts of school districts hereafter divided or consolidated with each other or with other districts in the divisions, uniting for apportionment of their debts and liabilities or property and assets. ARTICLE 14.— BONDS OF COMMON SCHOOL DISTRICTS. § 1332. School bonds, how issued.] Whenever a duly constituted school district, under the provisions of this chapter, excepting special or independ- ent school districts, in any organized county in the state at any regular or spe- cial meeting held for that purpose, shall determine by a majority vote of all the qualified voters of such school district present at such meeting and voting, STATE OF NORTH DAKOTA 59 to issue school district bonds for the purpose of building and furnishing a school house and purchasing grounds on which to locate the same, or to fund any out- standing indebtedness or for the purpose of taking up any outstanding bonds, the district school board may lawfully issue such bonds in accordance with the provisions of this article. § 1333. Notice of election to vote bonds.] Before the question of is- suing bonds shall be submitted to a vote of the school district, notices shall be posted in at least three public and conspicuous places in such district, stat- ing the time and place of such meeting, the amount of bonds proposed to be issued, rate of interest, purpose issued for, and the time in which they shall be made payable. Such notices shall be posted at least fourteen days before the meeting, and the voting shall be done by means of written or printed bal- lots, and all ballots shall be prepared before the opening of the polls and shall be in substantially the following form: For issuing bonds in the sum of $ at per cent., to run years. YES NO and if a majority of the votes cast shall be in favor of issuing bonds the school board, through its proper officers, shall forthwith issue bonds in accordance with such vote; but if a majority of all votes cast are against issuing bonds then no further action can be had and the question shall not again be submitted to a vote for one year thereafter, except for a different amount; provided, that the question of issuing bonds shall not be submitted to a vote of the district, and no meeting shall be called for that purpose until the district school board shall have been petitioned in writing by at least one-third of the voters of the district. § 1334. Bonds, denomination of. Interest. Limit of issue.] The de- nominations of the bonds which may be issued under the provisions of this article shall be fifty dollars or some multiple of fifty, and shall bear interest at a rate not exceeding five per cent per annum, payable semi-annually on the first day of January and July in each year, in accordance with interest coupons which shall be attached to such bonds; provided, that the amount of bonds including all other indebtedness shall not exceed five per cent of the assessed valuation of the school district and may be made payable in not less than ten or more than twenty years from their date. § 1335. Bonds, record of to be kept.] Whenever any bonds are issued under the provisions of this chapter they shall be lithographed or printed on bond paper and shall state upon their face the date of their issue, the amount of the bonds, to whom and for what purpose issued, also the time and place of payment, and the rate of interest to be paid. They shall have printed upon the margin the words "Authorized by Article 14 of Chapter ..of the Ses- sion Laws of North Dakota of 1911." Immediately after the issuing of school bonds pursuant to this chapter I lie clerk of the school district so issuing its bonds shall file, with the county auditor of the county in which such district is situated, certified copies of all I lie proceedings had in such district relative lo the issuing of such bonds ami also a statement of the amount of the indebted- 60 GENERAL SCHOOL LAWS ness of such school district; and before any of the bonds are disposed of they shall be presented to the county auditor of the county in which the school dis- trict issuing the same is situated. He shall carefully examine the records of the proceedings of such school district upon the question of issuing such bonds as the same are filed with him as hereinbefore directed, and shall satisfy him- self by the evidence thus furnished, whether or not all the laws of the state relative to the issuing of such bonds have been complied with. If satisfied that they have been and that the bonds in question have been legally issued, he shall in a book kept for such purpose, preserve a register of each bond show- ing in separate columns the name of the school district issuing the bonds, the number of such bonds, the denomination thereof, the date of their issue, the date when they will mature, the names of the school officers executing the same and such other facts as may be pertinent and he shall then indorse on each of such bonds the following certificate: State of North Dakota, ) ) ss. County of ) I, , County auditor, do hereby certify that the within bond is issued pursuant to law and is within the debt limit prescribed by the constitution of the state of North Dakota, and in ac- cordance with the vote of school district at a.. (regular or special) meeting held on the day of ...A. D. 19 , to issue bonds to the amount of ...dollars, and is a legal and valid debt of such school district; that such bonds are fully registered in this office and that such school district is legally organized and the signatures affixed to such bonds are the genuine signatures of the proper officers of such school district. The blanks shall be filled according to the facts, and the certificate officially signed by the county auditor and attested by his official seal. Such bonds shall be signed by the president and clerk of the school board and shall be regis- tered in a book to be kept by the clerk for that purpose, in which shall be en- tered the number, date and name of the person to whom issued and the date when the same will become due. § 1336. Sinking fund and interest tax.] In addition to the amount that may already be assessed under existing laws there shall be levied annually, upon the taxable property of the school district so issuing bonds at or before their issuance and collected as other taxes are collected, a sum sufficient to pay in- terest upon such bonded indebtedness, and in like manner a further annual tax to create a sinking fund that will at the maturity of such bonds be suffi- cient to pay the principal thereof, and said sinking fund shall be used for no other purpose, except that whenever there are sufficient funds on hand, belong- ing to such sinking fund, the school board may in its discretion, purchase any of the outstanding bonds at their market value and pay for the same out of such sinking fund; provided, that the school district board may designate one or more national or state banks in its county for a depositary for such sink- ing fund; and in such case the school board shall advertise for at least two weeks in some newspaper printed in the county for sealed proposals for the STATE OF NORTH DAKOTA 61 deposit of the sinking fund of such school district, reserving the right to re- ject any and all bids and satisfying itself of the responsibility of all banks pro- posing to act as depositaries. Before any bank shall be designated as such depositary, it shall present to the school board a sealed proposal stating in writing what rate of interest will be paid for the deposit of such sinking fund, and shall submit to the board for its approval, a bond payable to the school district conditioned for the safe keeping and repayment of any funds depos- ited in such bank, which bond shall be signed by not less than three freeholders of the county or by a surety company as surety, such bond to be in the sum required by the school board but in no case less than double the probable amount of funds to be deposited in such bank. The approval of such bond shall be in- dorsed thereon by the board and deposited with the county auditor, and any bank whose bond shall have been so approved shall thereupon be designated by the school board as a depositary for the sinking fund, and shall continue as such, until such time as the board shall re-advertise for bids as aforesaid, and new depositaries are designated and qualified, or until such funds are needed for the payment or purchase of bonds as provided in this section. When the sinking fund of any school district is deposited by the district treasurer in the name of the school district in such depositary, such treasurer and his sureties shall be exempt from all liability thereon by reason of loss of any such funds from the failure, bankruptcy or any other act of any such bank, to the extent only of such funds in the hands of such bank or banks at the time of failure or bankruptcy. Such depositary shall furnish to the school district clerk prior to the fifth day of July of each year, a verified statement of the school district's account, with such depositary for the year ending June thirtieth, which state- ment shall show a credit to such deposit account of all sums of interest accruing on the sinking fund deposited. § 1337. Bonds, how negotiated.] When any bonds shall be issued un- der the provisions of this article, the county treasurer shall have authority to negotiate and sell such bonds for not less than par, and the said district treas- urer shall apply the proceeds arising from the sale of such bonds only for the purpose of building and furnishing a school house and purchasing grounds on which the said school house shall be located, or to fund any outstanding indebt- edness, according to the express purpose for which such bonds were authorized by the voters, as provided in section 1332 of this chapter. § 1338. County auditor may levy tax to pay bonds, when.] When any school board neglects or refuses to levy a tax in accordance with law to meet outstanding bonds or the interest thereon, the county auditor shall have power to levy such tax and when collected to apply the proceeds to the payment of such coupons and bonds. § 1339. Cancelled bonds, record of.] When the bonds of any school district shall have been paid by the school board they shall be cancelled by writing or printing in red ink the words "cancelled and paid" across each bond and coupon and the date of payment and amount paid shall be entered in the clerk's register against the proper number of the bonds and bonds so cancelled shall be filed in the office of the district clerk until all the outstanding bonds are paid; when they shall be destroyed in the presence of the full board. § 1340. Proposals for building school houses.] When any school house is built with funds provided for in the manner herein authorized, the 62 GENERAL SCHOOL LAWS school board shall advertise at least thirty days in some newspaper printed in the county or by posting notices for the same length of time in at least three of the most public and conspicuous places if no newspaper is published in the county for sealed proposals for building such school house in accordance with plans and specifications furnished by the school board, reserving the right to reject any and all bids, and if any of the proposals shall be reasonable and sat- isfactory such board shall award the contract to the lowest responsible bidder and shall require of such contractor a bond in double the amount of the con- tract, conditioned that he will properly account for all money and property of the school district that may come into his hands and that he will perform the conditions of his contract in a faithful manner and in accordance with its provisions; and in case all the proposals are rejected, such board shall adver- tise anew in the same manner as before until a reasonable bid shall be sub- mitted. § 1341. Provisions of this article. How applicable.] The provisions of this article shall be applicable to and authorize the issuance of bonds by such school districts as have already built school houses and issued orders or warrants therefor, and any such school district may vote to bond the indebt- edness incurred by reason of building and furnishing a school house and pur- chasing a site for the same and bonds may be issued in the same manner as here- inbefore provided for building and furnishing school houses. ARTICLE 15.— COMPULSORY EDUCATION AND MEDICAL INSPEC- TION. § 1342. School age. Who exempt from compulsory attendance.] Every parent, guardian or other person who resides in any school district or city and who has control over any child of or between the ages of eight and fifteen, inclusive, shall send or take such child to a public school in each year dur- ing the entire time the public schools of such distric or city are in session; and every parent, guardian or other person having control over any deaf, blind or feeble-minded child or youth between the ages of seven and twenty-one years of age shall be required to send such deaf child to the school for. the deaf at the city of Devils Lake for the entire school year unless excused by the super- intendent or principal of such school, such blind child to the school for he blind at Bathgate for the entire school year unless excused by the superintend- ent or principal of such school, and such feeble-minded child to the institution for the feeble-minded at Grafton; provided, that such parent, guardian or other person having control of any child shall be excused from such duty by the school board of the district or by the board of education of the city or village when- ever it shall be shown to their satisfaction, subject to appeal as provided by law, that one of the following reasons therefor exists: 1. That such child is taught for the same length of time in a parochial or private school approved by the county superintendent of schools subject to appeal to the superintendent of public instruction; that no school shall be ap- proved by the county superintendent of schools or superintendent of public instruction unless the branches usually taught in the public schools 'are taught in such schools. 2. That such child is actually necessary to the support of the family. STATE OF NORTH DAKOTA 63 3. That such child has already acquired the branches of learning taught in the public schools. 4. That such child is in such a physical or mental condition (as declared by a licensed physician, if required by the board) as to render such attendance inexpedient or impraticable. 5. If no school is taught the requisite length o" time within two and one- quarter miles of the residence of such child by the nearest route, such attendance shall not be enforced, except in cases of consolidated schools, where the school board has arranged for the transportation of pupils. Jn school districts where consolidated schools have not been established, the school board shall pay a sum not to exceed thirty-five cents nor less than fifteen cents per day to any one family living more than two and one-quarter miles from the nearest school, which shall be equitably based upon the number of children attending school from each family; provided, that the tender of such a daily compensation shall be construed as furnishing transpoitation and when such a tende is made by the school board, the compulsory attendance law shall apply to all children of school age living more than two and one-quaiter and not to exceed five miles from school; provided, further, that the provisions for transportation shall not apply to deaf, blind and feeble-minded children in this state, and this sec- tion shall not be construed to apply to parents, guardians or other persons hav- ing control of any child or children between the ages of eight and fifteen, inclus- ive, who desire to send such child or children for a total period of not exceed- ing six months, which may be taken in one or more years, to any parochial school for the purpose of preparing such child or children for certain religious duties. It shall be the duty of the clerk of the school board to include in his annual statement an item setting forth the amount spent for the transportation of pupils. § 1343. Schools equally free and accessible.] The public schools provided for in this chapter shall be at all times equally free, open and accessi- ble to all children over six and under twenty-one years of age residing in the district. § 1344. Penalty.] Any such parent, guardian or other person failing to comply with the requirements of the foregoing sections, shall upon conviction thereof be deemed guilty of a misdemeanor, and shall be fined in a sum not less than five nor more than twenty dollars for the first offense and not less than ten dollars nor more than fifty dollars for the second and every subsequent offense, with costs in each case. § 1345. Prosecution for neglecting this duty.] It shall be the duty of the superintendent or principal of schools in any city, town or village, or the teacher of any district school, or the county superintendent of schools for children that are deaf, blind or feeble-minded, to inquire into all cases of negli- gence of the duty prescribed in this article and to ascertain from the person neglecting to perform such duty the reason therefor, if any, and in common school districts notify the county superintendent of schools of such neglect; the said county superintendent, upon proper presentation of facts, shall lay the complaint before the state's attorney, whose duty it will be to proceed forth- with to secure the prosecution for any offense occurring under this article. In special or independent districts the superintendent or principal of schools shall lay the complaint before the state's attorney who shall proceed as above; pro- 64 GENERAL SCHOOL LAWS vided, further, that the board of education or district school board in any city or school district of over five hundred inhabitants may employ a truant officer who shall perforin the duties implied in this section. § 1346. Medical inspection of pupils in public schools.] The board of any school corporation in this state may, °and whenever petitioned by a ma- jority of the persons having children attending the schools of the district, shall employ one or more physicians as medical inspectors of schools. It shall be the duty of the medical inspector to examine, at least once annually, all children enrolled in the public schools of the district, except those who present a cer- tificate of health from a licensed physician, and to make out suitable records for each child, one copy of which shall be filed with the county or city super- intendent of schools. Notice of physical defects of abnormal or diseased chil- dren shall be sent to the parents, with recommendations for the parents' guid- ance in conserving the child's health. The medical inspector shall co-operate with state, county and township boards of health in dealing with contagious and infectious diseases and to secure medical treatment for indigent children. It shall be the duty of the county and city superintendents of schools to co-oper- ate with school boards in promoting medical inspection. He may arrange schools by groups, especially in the rural districts, for the purpose of inspec- tion, and shall advise school boards with a view to securing the most efficient and economical administration of this law. The school board or board of edu- cation shall furnish all blanks and other needed supplies for this purpose. ARTICLE 16.— FINES, FORFEITURES AND PENALTIES. § 1347. Penalty for neglect of duty by s hool director, treasurer OR clerk.] Each person duly elected to any school district office, who, having entered upon the duties of his office, shall neglect or refuse to perform any du- ties required of him by the provisions of this chapter, shall upon conviction be fined in the sum of ten dollars and his office shall be deemed vacant. § 1348. Penalty for false election returns.] Any judge or clerk of election, school district clerk or county auditor who wilfully violates the pro- visions of this chapter in relation to elections or who wilfully makes a false return shall upon conviction be deemed guilty of a felony. § 1349. Speculation in office prohibited.] No school officer shall per- sonally engage in the purchase of any school bonds or warrants nor shall any such officer be personally interested in any contract requiring the expenditure of school funds except for the purchase of fuel and the procuring of insurance and such supplies as are in daily use, but not including furniture, or the ex- penditure of funds appropriated by the state, county, school corporatioji or otherwise, for any special purpose connected with his office. Any violation of this section shall be a misdemeanor. § 1350. Penalty for unlawful drawings of school money.] Any per- son who draws money from the county treasury, who is not at the time a duly qualified treasurer of the school corporation for which he draws the money and authorized to act as such, shall be guilty of a misdemeanor and shall upon con- viction thereof be punished by a fine of not less than twenty-five dollars. § 1351. Use of school funds. When embezzlement.] Each treasurer who shall loan any portion of the money in his hands belonging to any school STATE OF NORTH DAKOTA 65 district, whether for consideration or not, or who shall expend any portion thereof for his own or any other person's private use, is guilty of embezzlement, and no such treasurer shall pay over or deliver the school money in his hands to any officer or person or to any committee to be expended by him or them; but all public funds shall be paid out only by the proper treasurer as herein- before provided. § 1352. Action to recover money when treasurer fails to pay over.] If any person shall refuse or neglect to pay over any money in his hands as treasurer of a school district to his successor in office his successor must, with- out delay, bring action upon the offieiaPbond of such treasurer for the recov- ery of such money. § 1353. Penalty. When indorsement of unpaid warrants is not made.] Any violation by a district treasurer of the provisions of this chapter requiring indorsement of warrants not paid for want of funds, and the payment thereof in the order of presentation and indorsement is a misdemeanor punishable by a fine not exceeding one hundred dollars. § 1354. Penalty for false reports.] Each school officer who wilfully signs or transmits a false report to the county superintendent or wilfully signs, issues or publishes a false statement of facts purporting or appearing to be based upon the books, accounts or records, or of the affairs, resources and credit of the district shall upon conviction be punished by a fine not exceeding fifty dol- lars or by imprisonment in the county jail not exceeding fifteen days. § 1355. Penalty for wilful disturbance of school.] Each person, whether pupil or not, who wilfully molests or disturbs a public school when in session or who wilfully interferes with or interrupts the proper order of man- agement of a public school by act of violence, boisterous conduct or threat- ening language, so as to prevent the teacher or any pupil from performing his duty, or who shall in the presence of the school children upbraid, insult or threaten the teacher, shall upon conviction thereof be punished by a fine not exceeding twenty-five dollars or by imprisonment in the county jail for a period not ex- ceeding ten days, or both. § 1356. Proposals for contracts.] No contract except for teachers' sal- ary, professional services, janitors' wages, or school text books involving the expenditure of school funds or money appropriated for any purpose relating to the educational system of this state, or any county, district or school cor- poration therein, when the amount exceeds one hundred dollars, shall be let until proposals are advertised for a period of ten days, and after such adver- tisement, only to the lowest responsible bidder. Any violations of this sec- tion shall be a misdemeanor. ARTICLE 17.— STATE POARD OF EXAMINERS. EXAMINATIONS AND CERTIFICATES. § 1357. Annual report.] The board shall, on or before the first day of November of each year, make a report to the governor covering the school year ending June 30th, preceding, setting forth in detail all its official transactions. § 1358. Duties.] Tlte state board of examiners shall prepare or cause to be prepared all questions for examinations for all certificates to teach in this state, and shall prescribe the rules and regulations governing the same, shall 66 GENERAL SCHOOL LAWS examine, mark and file all answer papers for all certificates or cause the same to lie done, and shall issue all certificates to teach in the public schools of this slate. § 1359. Certificates.] There shall be four regular grades of certificates issued by the board of examiners. These shall be issued only to persons of good moral character who fulfill all the requirements specified by law and by the rules and regulations of the board, viz: (1). The second grade elementary certificate. (2). The first grade elementary certificate. (3). The second grade professional certificate. (4). The first grade professional certificate. § 1360. Second grade elementary certificate.] The second grade ele- mentary certificate shall be granted to those persons over eighteen years of age who are found proficient in the following subjects: reading, arithmetic, lan- guage and grammar, geography, United States history, physiology and hy- giene (including physical culture), civil government, pedagogy, and any one of the following named subjects: music, drawing, agriculture, nature study, do- mestic science, manual training; provided, that the board of examiners may in their discretion specify which of the above subjects may be required. The proficiency of the applicants in spelling and writing will be determined from the papers submitted by the applicants. The second grade elementary certificate shall be valid for two years in any county in the state when recorded by the county superintendent of schools. It shall qualify the holder to teach in any grade in rural and graded schools up to and including the eighth grade, and may be renewable by the county superintendent of schools under rules prescribed by the board of examiners. § 1361. First grade elementary certificate.] The first grade elementary certificates shall be granted to those persons over twenty years of age who have had at least eight months' experience in teaching and who, in addition to those subjects required for a second grade elementary certificate, are found proficient in elements of psychology and four of the following subjects of secondary grade: elementary algebra, plane geometry, physics, physical geography, botany, the elements of agriculture, nature study, manual training, domestic science and American literature. The first grade elementary certificate shall be valid for three years in any county in the state when recorded by the county superin- tendent of schools. It shall qualify the holder to teach in any grade in any school in the state up to and including the eighth grade and the ninth grade of schools doing not over one year of high school work, and may be renewable by the county superintendent of schools under rules prescribed by the board of examiners. § 1362. Second grade professional certificate.] The second grade pro- fessional certificate shall be granted to those persons who are at least twenty years of age and who have had at least nine months' experience in teaching and have the qualifications necessary for a first grade elementary certificate, and who in addition are found proficient in the following subjects of advanced grade: (1) psychology, (2) the history of education, (3) the principle of edu- cation, (4) school administration, 5) methods in elementary subjects, (6) rhetoric and composition, (7) American or English literature, (8) Ancient, Eng- lish or American history, (9) some one natural science (which may include STATE OF NORTH DAKOTA 67 agriculture), 10) higher algebra, solid geometry, manual training or domestic science. The second grade professional certificate shall legally qualify the holder to teach in any of the common, graded or high schools of the state, ex- cept in the high school departments of schools doing four years of high school work. It shall be valid for a period of five years and shall be renewable in the discretion of the board for a period of years or for life § 1363. First grade professional certificate.] The first grade profes- sional ce tificate shall be granted to those persons who have substantially the equivalent of a college education, and who have had at least eighteen months' experience in teaching. They shall have all the qualifications necessary for a second grade professional certificate, and in addition thereto, be found pro- ficient in the following subjects: (l) foreign language, (2) a natural science other than the one presented for he second grade professional certificate, (3) ethics, logic of sociology, (4) political science, economics or domestic science, (5) any two subjects of college grade listed for the second grade professional certificate and not previously offered by the applicant. The first grade pro- fessional certificate shall qualify the holder to teach in all the common, graded and high schools of the state, and shall be valid for five years, or for life. § 1364. Special certificates.] The board may grant special certificates authorizing the holders to teach in any of the common, graded or high schools (1) drawing, (2) music, (3) kindergarten, or (4) primary subjects, to teachers holding at least a second grade elementary certificate. Special certificates to teach (1) agriculture, (2) commercial subjects, (3) domestic science, or (4) man- ual and industrial training in the common, graded or high schools of the state, may be issued to applicants who possess qualifications equivalent to those re- quired for a second grade professional certificate. The applicant for a special certificate must satisfy the board by examination or otherwise of his proficiency in the subject which the holder is authorized to teach. Special certificates shall be valid for such a term of years as the board shall prescribe. § 1365. Diplomas accredited.] The diplomas granted on the completion of the four-year curriculum of Teachers College of the University of North Dakota, shall be accredited as a first grade professional certificate for two years, and after the holder has had nine months' successful experience in teaching, satisfactory evidence of which having been filed with the board, such diploma shall entitle the owner to a first grade professional certificate for life. (2) The diploma from the advanced, or five-year curriculum of the state normal schools, or its equivalent, the two-year curriculum for high school grad- uates; shall be accredited as a second grade professional certificate for two years, and after the holder has bad nine months' successful experience in teaching, satisfactory evidence of which having been filed with the board, such diploma shall entitle the holder to a second grade professional certificate valid for life. (3) The diploma from the four-year curriculum of the state normal schools or its equivalent, the one-year curriculum for high school graduates shall be accredited as a professional certificate of the second grade f o • two years, and, after the holder has had nine months' successful experience in teaching, satis- factory evidence of which having been filed with the board, shall entitle the holder to a second grade professional certificate, valid for five years, which certi- ficate shall be renewable in the discretion of the board. (4) The certificate of completion issued by the slate normal schools to those 68 GENERAL SCHOOL LAWS who complete the ten and one-half months' curriculum of the state normal schools shall entitle the holder to a second grade elementary certificate. § 1366. Other diplomas accredited.] Diplomas from institutions within or without the state shall be accredited, and professional certificates issued thereon upon the following basis: (a) the bachelor's diploma from a college of recognized standing shall be valid for a period of two years, after its presentation to the board, as a first grade professional certificate, provided, that the diploma implies at least two year courses, or sixteen semester hours, of professional preparation for teaching, or in lieu of such professional study, that the holder of the diploma has had three years' successful experience in teaching or in administering schools after receiving such diploma; and after the holder has had nine months' successful experience in teaching, after the presentation of such diploma, satisfactory evidence of such experience having been filed with the board, he shall be entitled to a first grade professional certificate which shall be valid for five years and which shall be renewed for life upon satisfactory evi- dence of successful experience for five years. (b) The diploma or certificate from institutions whose curriculum is the equivalent of the four-year or the five-year curriculum of the state normal schools shall be valid for two year as a second grade professional certificate, provided, that the diploma or certificate implies at least two year courses, or sixteen semester hours, of professional preparation for teaching or, in lieu of such professional study, that the holder of the diploma has had three years of successful experience in teaching or in administering schools after receiving such diploma; and after the holder of such diploma has had nine months of successful experience in teaching after receiving ^uch diploma, satisfactory evidence of such experience having been filed with the board, he shall be entitled to a second grade professional certificate valid for five years or for life respectively. § 1367. Permits.] A college graduate without experience or the required professional preparation may, for reasons satisfactory to the board, be granted a permit, or probationary certificate, valid until such time, not to exceed six months, as shall be set by the board for his examination on the professional subjects, when, if successful he may be granted a certificate, valid for a term of years or for life. Permits to teach till the next regular examination may be granted by the county superintendent of schools to any person applying at any time other than the regular examinations, who can show satisfactory reasons for not attending the previous examination and satisfactory evidence of qualifi- cation, subject to the rules and regulations of the board. § 1368. Accredited work.] The board of examiners shall be authorized to accredit, under its rules and regulations, the specific marks or standings given in high schools, summer schools, normal schools and the other institutions of this state, when upon investigation it deems such standings good evidence of pro- ficiency in the subjects specified. § 1369. High school diplomas.] Diplomas from North Dakota high schools doing four years' work, granted to graduates who have had psychology, school management and methods of instruction, and three senior-review subjects, shall be accredited as second grade elementary certificates; and if within two years from the date of the diploma the holder has had at least eight months' successful experience in teaching, he shall be entitled to a first grade elementary certificate. STATE OF NORTH DAKOTA § 1370. Examination conducted by county superintendent.] Unde the direction of the state board of examiners, the county superintendent sha hold a public examination of all persons over eighteen years of age offering them- selves as applicants for teachers' certificates, at the most suitable place or places in the county on the second Thursday and Friday in February, May, August and November of each year, and when necessary such examination may be con- tinued on the following day. He shall examine them by a series of written or printed questions, according to the rules prescribed by the state board of exam- iners. The county superintendent shall forward all answer papers submitted by applicants immediately after the close of the examination to the state board of examiners, for examination, marking, filing and recording. The state board of examiners by its president and secretary shall grant to each applicant a certi- ficate of qualification,, if from the percentage of correct answers required by the rules, said applicant is found to possess the requisite knowledge and under- standing to teach, in the common schools of the state, the various branches re- quired by law; provided, that sufficient evidence is furnished that the candidate is a person of good moral character, has had successful experience, if any, and possesses an aptness to teach and govern. § 1371. Papers to be kept on file. Appeals.] The, written answers of applicants for elementary certificates, after being duly examined under the direction of the state board of examiners, shall be kept on file in the office of the secretary of the board of examiners for a period of six months after such examina- tion, and any applicant thinking an injustice has been done him, may, by paying a fee of one dollar in the institute fund of the county and notifying both the county superintendent and the secretary of the board of examiners of the same, have his papers specially re-examined by the board, and, if such answer papers warrant it, the state board of examiners shall issue such applicant an elementary certificate of the proper grade. § 1372. Qualifications of teachers.] No certificate or permit to teach shall be issued to any person under eighteen years of age, and no first grade elementary certificate to any per on who is under twenty years of age, and who has not taught successfully eight months' school. First and second grade elementary certificates may be renewed without examination, under such require- ments as shall be imposed by the state board of examiners. The certificates issued by the state board of examiners shall be valid in any county in this state when recorded by the county superintendent of schools. § 1373. Teacher must hold certificate, to be recorded.] No person shall be employed or permitted to teach in any of the public schools of the state except those in cities organized for school purposes under special laws, or organ- ized as independent districts under the general school laws, who is not the holder of a lawful certificate of qualification or a permit to teach, and no teacher's certificate, issued by the state board of examiners nor a teacher's diploma granted by any institution of learning in this state shall entitle a person to teach in such public schools of any county, unless such certificate or diploma shall have been recorded in the office of the county superintendent of the county in which the holder is engaged to teach, and it shall be the duty of the county superintendent to record such certificate or diploma. § 1374. Certificates, when revocable.] The state board of examiners is authorized and required to revoke and annul at any time a certificate granted 70 GENERAL SCHOOL LAWS in this state, for any cause which would have authorized or required it to refuse to grant the same, if known at the time it was granted, and for incompetency, immorality, intemperance, cruelty, crime against the laws of the state, breach of contract, refusal to perform his duty, or for the general neglect of the work of the school. The revocation of the certificate shall terminate the employment of such teacher in the school where he may be at the time employed. Such teacher must be paid up to the time of receiving notice of such revocation. The state board of examiners shall immediately cause notice to be sent to the clerk of the school district where such teacher is employed and notify the teacher through the clerk, of such revocation; and it shall also notify each county superin- tendent in the state, and shall enter its action in such case on its records. § 1375. Proceedings to revoke. Teacher allowed defense.] In proceedings to revoke a certificate the board of examiners may act upon personal knowledge or upon competent evidence obtained from others. In the latter case action shall be taken only after a fair hearing, and the teacher must be notified of the charge and given an opportunity to make a defense at such time and place as may be stated in such notice. FJpon their own knowledge the board may act immediately without notice, after an opportunity has been afforded such teacher for personal explanation. When any certificate is revoked the teacher shall return it to the secretary of the state board of examiners, but if such teacher refuses or neglects so to do the board may issue notice of such revocation by publication in some newspaper printed in the county where the accused was last employed. § 1376. Fees for certificates.] The state board of examiners shall require a fee of five dollars from each applicant for a first grade professional certificate, and a fee of three dollars from each applicant for a second grade professional certificate or for a special certificate. The same fee shall be charged for a renewal of a professional or special certificate as is charged for its issuance. The county superintendent shall collect a fee of two dollars from each applicant for an elemen- tary certificate, and a fee of one dollar for each renewal of an elementary certi- ficate. A deposit of the fee required for any certificate sought roust be made when a permit is issued, which deposit shall be forfeited in case the applicant fails to take the following examination. § 1377. Disposition of fees.] One dollar of each fee collected by the county superintendent from the applicants for elementary certificates, and all fees received for the renewal of elementary certificates shall be paid into the county teachers' institute fund to be used in support of teachers' institutes or teachers' training schools for the county as provided by law, and one dollar of each fee from applicants for elementary certificates shall be forwarded to the state board of examiners who shall deposit all fees received by them in the state treasury as a fund from which to pay the clerical help, per diem and all other expenses incurred by the board in the discharge of their duties, and to aid in the estab- lishment and maintenance of teachers' reading circles and in the professional- izing of teaching in such other ways as the board may deem advisable. ARTICLE 18.— DUTIES OF TEACHERS. § I.STS/^Duties and powers of city and village superintendents.] The superintendents of schools in all districts employing such officer, shall, subject to STATE OF NORTH DAKOTA 71 the final authority of t In- board, supervise the administration of the course of study, visit schools, examine classes, and have general supervision of the pro- fessional work of the school, including the holding of teachers' meetings and the classification of teachers. The superintendent, from time to time, shall make reports to the board of education embodying recommendations relative to the employment of teachers and janitors, adoption of text books, changes in the course of study, enforcement of discipline, and general school matters; and shall also make such other reports and perform such other duties as the board of edu- cation may direct and delegate. § 1379. Give notice of opening and closing of school. 1 Each teacher on beginning a term of school shall give written notice to the county superin- tendent of the time and place of opening such school and the time when it will probably close, and prior to receiving salary for the first month each teacher must exhibit his certificate or permit to teach to the clerk of the district school board. If such school is to be suspended for one week or more in such term the teacher shall notify the county superintendent of such suspension. § 1380. When teacher not entitled to compensation.] No teacher shall be entitled to or receive any compensation for the time he teaches in any public school without a certificate or permit to teach, valid and in force for su h time in the county where such school is taught, except that if a teacher's certificate shall expire by its own limitation within six weeks of the close of the term, such teacher may finish such term without re-examination or renewal of such certificate. § 1381. Teacher's register, what to contain.] Each teacher shall keep a school register and at the close of each term make a report containing the num- ber of visits of the county superintendent and such items and in such form as shall be required. Such report shall be made in duplicate, both copies of which shall be sent to the county superintendent who, if he finds such report to be correct, shall immediately return one copy to the district clerk to be filed with him. No teacher shall be paid the last month's salary in any term until such report shall have been approved by the county superintendent and one copy returned to the district clerk. § 1382. School year and school week defined. Holidays.] The school year shall begin on the first day of July and close on the thirtieth day of June of each year. A school week shall consist of five days and a school month of twenty days. No school shall be taught on a legal holiday or on Saturday, provided, however, that on February the twelfth (Lincoln's Birthday), February twenty-second (Washington's birthday) and May the thirtieth (Memorial day) all schools in session shall assemble for a portion of the day and devote the same to patriotic exercises consistent with the day, unless such holiday shall fall upon Saturday or Sunday. A legal holiday in term time falling upon a day which would otherwise be a school day shall be counted and the teacher paid therefor, but no teacher shall be paid for Saturday or be permitted to teach on Saturday to make up for the loss of a daj in the term. § 1383. BRANCHES to BE TAUGHT in ALL SCHOOLS.] Each teacher in the common schools shall teach pupils as they are sufficiently advanced to pursue the same, the following branches: Orthography, reading, writing, arithmetic, language lessons, English grammar, geography, and lessons in nature study and elements of agriculture, United States history, civil government, physiology and hygiene, giving special and thorough instruction concerning the nature of 72 GENERAL SCHOOL LAWS alcoholic drinks and narcotics, and their effect upon the human system. There shall also be taught in every school in connection with physiology and hygiene simple lessons in the nature treatment and prevention of tuberculosis and other contagious and infectious diseases. All pupils in the above mentioned schools below the high school and above the third year of school work computing fron the beginning of the lowest primary year', shall receive instructions in hygiene every year from text books adapted to grade in the hands of pupils for not less than four lessons per week for ten weeks of each school year. In all schools above mentioned, all pupils in the (three) lowest three primary school years, shall each be instructed orally in hygiene for not less than three lessons per week for ten weeks of each school year by teachers using text books adapted to grade for such instruction as a guide or standard. Each teacher in schools in special districts and in the cities organized for school purposes under special law shall conform to and be governed by the provisions of this section. § 1384. Teaching humane treatment of animals.] There shall be given in the public schools of North Dakota, in addition to other branches of study now prescribed, instruction in the humane treatment of animals; such instruction shall be oral and shall consist of not less than two lessons of ten minutes each per week. § 1385. Teachers' institute and teachers' training schools. Notice. Penalty for failure to attend.] When a teachers' institute or teachers' training school is appointed to be held in or for any county it shall be the duty of the county superintendent to give written or printed notice thereof to each teacher in the public schools of the county, and as far as possible to call others not then engaged in teaching, who are holders of teachers' certificates, at least ten days before the opening of such institute or teachers' training school of the time and place of holding it. Each teacher receiving such notice, engaged in teaching a term of school which includes wholly or in part the time of holding such institute or teachers' training school, shall close school and attend the same and shall be paid by the school board of the district his regular salary as teacher for the time he a tended such institute or teachers' training school, as certified by the county superintendent, but no teacher shall receive pay unless he has attended four days nor shall any teacher receive pay for more than five days. The county superin- tendent may revoke the certificate of any teacher in his county for inexcusable neglect or refusal after due notice, to attend a teachers' institute or teachers' training school held for such county. The provisions of this section shall not apply to high school teachers, nor to teachers in cities organized for school purposes under a special law, nor to teachers in cities organized as independ- ent districts under the provisions of this chapter. § 1386. Pupil mat be suspended for cause.] A teacher may suspend from school for not more than five days any pupil for insubordination, habitual disobedience, or disorderly conduct. In such case the teacher shall give imme- diate notice to the parent or guardian of such pupil, and also to some member of the district school board of such suspension and the reason therefor. § 1387. Assignment of studies to pupils.] It shall be the duty of the teacher to assign to each pupil such studies as he is qualified to pursue, and to place him in the proper class in any studies subject to the provisions of section 1383, provided, that in graded school under the charge of a principal or local superintendent, such principal or superintendent shall perform this duty. In STATE OF NORTH DAKOTA 73 case any parent or guardian in a common school district is dissatisfied with such assignment or classification, the matter shall be referred to and decided by the county superintendent. § 1388. Bible not sectarian book. Reading optional with pupils.] The Bible shall not be deemed a sectarian book. It shall not be excluded from any public school. It may at the option of the teacher be read in school without sectarian comment, not to exceed ten minutes daily. No pupil shall be required to read it or to be present in the school room during the reading thereof, con- trary to the wishes of his parents or guardians or other person having him in charge. § 1389. Moral instruction.] Moral instruction tending to impress upon the minds of pupils the importance of truthfulness, temperance, purity, public spirit, patriotism, international peace, respect for honest labor, obedience to parents and due deference for old age, shall be given by each teacher in the public schools. § 1390. Physical education.] Physical education, which shall aim to develop and discipline the body and promote health through systematic exercise, shall be included in the branches of study required by law to be taught in the common schools, and shall be introduced and taught as a regular branch to all pupils in all departments of the public schools of the state, and in all educational institutions supported wholly or in part by money from the state. It shall be the duty of all boards of education and boards of educational institutions receiving money from the state, to make provision for daily instruction in all the schools and institutions under their respective jurisdiction, and to adopt such method or methods as will adapt progressive physical exercise to the development, health and discipline of the pupils in the various grades and classes of schools and institutions receiving aid from the state. ARTICLE 19.— INSTITUTES AND ASSOCIATIONS § 1391. Teachers' county institute fund.] All money received by the county superintendent from examination fees for the county institute fund, and all money paid into this fund from the county general revenue fund, shall be used by him to aid in the support of teachers' institutes or teachers' training schools, district teachers' meetings and annual school officers' meetings, to be held within or for the county and to pay necessary expenses incurred therein. The county uperintendent shall present an itemized statement, duly verified, to the count \ auditor for the amount of all sued necessary expenses and the auditor shall issue a warrant therefor as provided by law. The county superintendent shall, at the end of each year, submit a full and accurate statement of the receipts and expenditures of these funds, under oath, to the superintendent of public instruc- tion. § 1392. Appropriation for institute fund. Designation of con- ductors.] There is hereby appropriated out of any funds in the state treasury not otherwise appropriated, the sum of one hundred dollars each year to each organized county in the stale which ,sh;ill be designated as the state institute fund, and which shall be used exclusively in employing persons of learning, ability and experience as conductors, assistants and lecturers, of teachers' institutes. The superintendent of public instruction after consultation with the county superintendent as to the special needs and wants of their respective counties. 74 GENERAL SCHOOL LAWS shall appoint the time, place and duration of these institutes, and training schools, and shall designate the persons to act as conductors, assistants and lecturers of the same, as in his judgment the needs of the various counties demand. § 1393. Institute fund, how paid out.] It shall be the duty of the county superintendent of schools in all cases to consult with the state superintendent of public instruction in reference to the management of such institute or teacheis' training school, and he shall carry out the suggestions of such state superintend- ent as to the modes of instruction. No salary shall be paid to any conductor or instructor not previously appointed or employed as herein provided. The money hereby appropriated from the state treasury for the support of teachers' institutes or teachers' training schools shall be paid to the persons to whom it is due by warrant of the state auditor upon the state treasurer, which shall be issued upon the presentation of an account in due form, verified by the person to whom due, and approved by the state superintendent of public instruction; pro- vided, that all the state and county institute funds provided by law, of one or more counties may be applied to the support of a teachers' training school ' for such county or counties at the request of the county superintendent of such county or counties with the - onsent and under the direction of the state superintendent of public instruction. § 1394. Conductor and county superintendent must file statement of number of schools.] Where a teachers' training school of not less than three weeks' duration is held within or for any county, the conductor of such training school and the county superintendent shall file a certified statement with the county auditor, specifying the time and place of such teachers' training school and the county superintendent shall certify to the total number of schools and separate departments in graded and high schools in said county in which school has been taught at least four months during the preceding school year. The county auditor shall file a copy of said statement with the county treasurer who shall thereupon transfer from the county general revenue fund to the county institute fund the sum of two dollars for each school or separate department in high and graded schools in the county, as per specified statement filed with the county auditor. § 1395. Expenses of conductor, assistants and lecturer, how paid.] The traveling and other necessary expenses of institute conductors, assistants and lecturers, in counties where a one week's institute is held, shall b paid from the institute fund of the county. Upon he filing of an itemized statement, with the county auditor of the necessary expenses incurred in connect on with his work as institute conductor, assistant or lecturer, as the case may be, duly verified, and approved by the county superintendent of schools, the county auditor shall draw a warrant on the county treasurer for the amount due which shall be paid from the institute fund of the county. § 1396. Reading circle board.] The state board of examiners shall be the state reading circle board and ;i> such shall prescribe the course of reading for the teachers' reading circle of the counties of the state and sha 1 make all rules and regulations for conducting the reading circle work and granting of credit therefor. STATE OF NORTH DAKOTA 75 ARTICLE 20.— FREE TEXT BOOKS. § 1397. Power of board of education.] The school board or board of education of each and every school district in the state of North Dakota is hereby authorized and empowered to select, adopt and contract for all books and supplies needful for the school or schools under its charge, and the said school board or board of education shall have power to purchase the text books and supplies selected or contracted for, and provide for the loan free of charge or sale at cost of such text books and supplies to the pupils in attendance at such school or schools; provided, that no adoption or contract shall be for a period to exceed three years; provided, further, that before any publisher or publishers shall enter or attempt to enter into any contract with any school board or board of education for the sale of text books, as hereinbefore provided, they shall file with the superintendent of public instruction of the state of North Dakota a list of their books and the lowest prices at or for which they will sell any or all of such books to any school board or board of education in the state of North Da- kota, and they, the said publishers, shall deposit with the superintendent of public instruction a sample copy of each book so listed, which shall represent in ^tyle, binding, mechanical execution, general make-up and matter, the book or books they offer to sell to the school board or board of education at or for the prices listed and in no case shall prices be raised above said listed price as filed. It shall be the duty of the superintendent of public instruction to furnish a certi- fied copy of the list of books and prices filed in accordance with the provisions of this section to the district clerk of each school district in the state of North Dakota, through the office of the county superintendent. § 1398. Free text books provided. When.] Whenever in the judg- ment of the board it is desirable or necessary to the welfare of the schools in the district or to provide for the children therein better school privileges, or whenever petitioned so to do by two-thirds of the voters of the district, the board shall provide free text books and supplies for all schools under its charge, in such manner as hereinbefore provided. All books purchased in accordance with the provisions of this article shall be paid for out of the school funds of the respective districts, and it shall be the duty of school boards and boards of education to see that sufficient funds are raised and set aside for the purpose of this article. The clerk of each district shall also keep a record of all books furnished the schools in tin- district. § 1399. Text books in districts not having free text book system.] In any district which does not have the free text book system, the person in charge of any child in school shall provide it with suitable text books, which shall be those adopted by the school board and necessary to its reasonably successful progress in class in all of the subjects of study for the grade to which it is assigned by its teacher. ARTICLE 21— SPECIAL PROVISIONS. § MOO. United States flag to he displayed.] The school board or board of education of any city, town, or district, is authorized and required to pu chase at the expense of the city, (own or district, one or more Hags of the United States, which shall be displayed in seasonable weather, upon the school lions s or flag- 76 GENERAL SCHOOL LAWS staff upon the schoofgrounds during the school hours of each day's session of school. § 1401. Superintendents, principals, teachers attending the North Dakota educational association.] The board of education in special or inde- pendent districts, or the school district board in any common school district is hereby authorized to allow the superintendent, principal or teachers of the schools under its charge, to attend, without loss of salary, any meeting of the North Dakota or other educational association which may be held within this state while the schools of such district are in session. § 1402. Free kindergartens may be established, cost, how paid, government. Duty of superintendent of public instruction.] The school board of any school district in the state, upon a petition signed by a ma- jority of the legal voters in the district, shall establish and maintain free kinder- gartens in connection with the public schools of said district, for the instruction of children between four and six years of age, residing in said district: provided, that in cities of over five thousand inhabitants such board shall establish and maintain such kindergarten upon petition of one-fifth of the legal voters; and shall establish such course of training, study and discipline and such other rules and regulations governing such preparatory or kindergarten schools as said board may deem best; provided, that nothing in this act shall be construed to change the law relating to the taking of the census of the school population or of the apportionment of the state or county school funds among the several counties and districts in the state; piovided, further, that the cost of establishing and maintaining such kindergartens may be paid from the school funds of said district raised by direct taxation for such purpose, and the said kindergartens shall be a part of the public school system, and governed as far as practicable, in the same manner and by the same officers as are provided by law for the government of the other public schools of the state; provided, further, that no person shall be employed as a teacher in such kindergarten schools who has not passed a satisfactory examination in such subjects as the state examining board shall require. The state examining board shall adopt rules governing the exam- ination of kindergarten teachers, and shall furnish county superintendents with examination questions and the examination shall be held in the manner provided by law for the examination of teachers in the public schools; provided, further, that any person who shall complete the course of training for kindergarten teachers at the state normal schools shall be entitled to teach in the kindergarten schools of this state without examinations. § 1403. Health and decency.] It shall be the duty of all boards of edu- cation and school boards in this state to provide suitable and convenient water closets or privies for each of the schools under their charge, at least two in number which shall be entirely separate, each from the other, and having separate means of access; and it shall be the duty of the school officers aforesaid to keep the same in a clean, chaste and wholesome condition; and a failure to comply with the pro- visions of this article on the part of any board of education or school board, shall be sufficient grounds for removal from office and for withholding from any district any part of the county tuition fund. STATE OF NORTH DAKOTA 77 ARTICLE 22.— CHILD LABOR. § 1404. Unlawful to employ children under fourteen years.] No child under fourteen years of age shall be employed, permitted or suffered to work in or in connection with any mine, factory, workshop, mercantile establishment, store, business office, telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. It shall be un- lawful for any person, firm or corporation to employ any child under fourteen years of age in any business or service whatever, during the hours when the public schools of the district in which the child resides are in session. § 1405. Employment of child under sixteen years.] No child between fourteen and sixteen years of age shall be employed, permitted or suffered to work in any mine, factory, workshop or mercantile establishment unless the person or corporation employing him procures and keeps on file, and accessible to the superintendent of schools of the city or village, if one is employed, otherwise, to the clerk of the school board or board of education, an employment certificate as hereinafter prescribed, and keeps two complete lists of all such children employed therein, one on file and one conspicuously posted near the principal entrance of the building in which such child is employed. On termination of the employ- ment of a child so registered and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent, or guardian or custodian. The superintendent of schools or clerk of the school board or board of education, as the case may be, may make demand on an employer in whose factory a child apparently under the age of sixteen years is employed or permitted or suffered to work and whose employment certificate is not then filed as required by this act, that such employer shall either furnish him within ten days evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such factory. The superintendent of schools of the city or village or clerk of the school board or board of education may require from such employer the same evidence of age of such child as is required on the issuance of an employment certificate; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. In case such employer shall fail to pro- duce and deliver to the superintendent of schools of the city or village or the clerk of the school board or board of education, as the case may be, within ten days after such demand, such evidence of age herein required by him, and shall there- after continue to employ such child or permit or suffer such child to work in such factory, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for a violation of this act that such child is under sixteen years of age and is unlawfully employed. § 1406. Who authorized to issue employment certificates.] The superintendent of schools of the city or village, if one is employed, and if not, then the clerk of the school board or board of education, is hereby authorized to issue an employment certificate in writing, such certificate is to be issued upon the evidence prescribed in section four of this act; provided, that no employment certificate shall be issued for any child then in or about to enter his own employ- ment or the employment of a firm or corporation of which he is a member, officer or employee. 7s GENERAL SCHOOL LAWS § 1407. Employment certificate, on what issued.) The person author- ized to issue employment certificate shall not issue such certificate until he has received, examined, approved and filed the following papers duly executed: 1. The school record of such child properly filled out and signed as provided in this act 2. A passport or duly attested transcript of the certificate of birth or bap- tism or other religious record, showing the date and plac? of birlh of such child. A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics, or other officer charged with the duty of recording births, shall be conclusive evidence of the age of such child. 3. The affidavit of the parent or guardian or custodian of a child, which shall be required, however, only in case such last mentioned transcript of the certificate of birth be not produced and filed, showing the place and date of birth of such child, which affidavit must be taken before the officer issuing the employ- ment certificate, who is hereby authorized and required to administer such oath, and who shall not demand or receive a f ee therefor. Such employment certificate shall not be issued until such child has personally appeared before and been ex- amined by the officer issuing the certificate, and until such officer shall, after making such examination, sign and file in his office a statement that the child can read and legibly write simple sentences in the English language and that in his opinion the child is fourteen years of age or upwards, and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do. In doubtful cases such physical fitness shall be determined by a medical officer of the board or department of health. Every such employment certificate shall be signed, in the presence of the officer issuing the same, by the child in whose name it is issued. § 1408. Contents of certificates.] Such certificates shall state the date and place of birth of the child and describe the color of the hair and eyes, the height and weight and any distinguishing marks of such child, and that the papers required by the preceding section have been duly examined, approved and filed and that the child named in such certificate has appeared before the officer signing the certificate and been examined. § 1409. School record, what to contain.] The school record required by this act shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished, on demand, to a child en- titled thereto. It shall contain a statement certifying that the child has regu- larly attended the public schools or schools equivalent thereto or parochial schools for not less than one hundred and twenty days during the school year previous to his arriving at the age of fourteen years or during the year previous to applying for such school record and is able to read and write simple sentences in the English language and has received during such period instruction in reading, spelling, writing, English grammar and geography and is familiar with the funda- mental operations of arithmetic up to and including fractions. Such school record shall also give the age and residence of the child as shown on the records of the school and the name of its parent, guardian or custodian. § 1410. Hours of labor.] No person under the age of sixteen years shall be employed or suffered or permitted to work at any gainful occupation more than forty-eight hours in any one week, nor more than eight hours in any one day; or before the hour of seven o'clock in the morning or after the hour of STATE OF NORTH DAKOTA 79 seven o'clock in the evening. Every employer shall post in a conspicuous place in every room where such minors are employed a printed notice stating the hours required of them each day of the week, the hours of commencing and stopping work and the hours when the time or times allowed for dinner or for other meals begin and end. The printed form of such notice shall he furnished by the super- intendent of schools of the city or village, or the clerk of the school board or board of education, and the employment of any minor for longer times in any day so stated shall be deemed a violation of this section. § 1411. Peace officers to inspect places of work.] Peace officers may visit mines, factories, workshops and mercantile establishments in their several towns and cities and ascertain whether any minors are employed therein con- trary to the provisions of this act; and it shall be their duty to report any cases of such illegal employment to the school board or board of education. Such officer may require that the employment certificates and lists provided for in this act of minors employed in such factories, mines, workshops or mercantile estab- lishments shall be produced for their inspection. Complaints for offenses under this act may be made by such peace officer or by any other person cognizant of the facts. § 1412. Employments.] No child under the age of sixteen years shall be employed at sewing belts, or to assist in sewing belts, in any capacity whatever; nor shall any child adjust any belt to any machinery, they shall not oil or assist in oiling, wiping or cleaning machinery; they shall not operate or assist in operat- ing circular or band saws, wood shapers, wood-joiners, planers, sand-paper or wood polishing machinery, emery or polishing wheels used foi polishing metal, wood-turning, or boring machinery, stamping machines in sheet metal and tin- ware manufactiurng, stamping machines in washer and nut factories, operating corrugating rolls, such as are used in roofing factories, nor shall they be employed in operating any steam boiler, steam machinery, or other steam generating appar- atus, or as pin boys in any bowling alleys; they shall not operate or assist in operating dough brakes, or cracker machinery of any description; wiie or iron straightening machinery; nor shall they operate or assist in operating rolling mill machinery, punches or shears, washing, grinding or mixing mill or calendar rolls in rubber manufacturing; nor shall they operate or assist in operating laundry machinery; nor shall children be employed in any capacity in preparing any composition in which dangerous or poisonous acids are used, and they shall not be employed in any capacity in the manufacture of paints, colors or white lead; nor shall they he employed in any capacity whatever in operating or assisting to operate any passenger or freight elevator; nor shall they be empolyed in any capacity whatever in the manufacture of goods for immoral purposes, or any other employment that may be considered dangerous to their lives or limbs, or where their health may be injured, or morals depraved; nor in any theatre, con- cert hall, or place of amusement wherein intoxicating liquors are sold; nor shall females under the age of sixteen yea"rs of age be employed in any capacity where such employment compels them to remain standing constantly. § 1413. Penalty for violation of this \y a teacher of successful experience, holding a first grade elementary certificate, or a certificate of higher grade. Third: It shall have a suitable school building, properly lighted, heated and 88 GENEEAL SCHOOL LAWS ventilated; sanitary and commodious outhouses and other necessary accommo- dations, a library and such other apparatus as is necessary to do efficient work. Fourth: Such school shall have a regular and orderly course of study as pre- scribed in the state course of study for common schools, including elementary agriculture, and shall comply with such rules as may be established by the state board of education. Second Class: In order to be entitled to aid as a state rural school of the second class, such school shall have complied with the following conditions for the school year next preceding that for which aid is granted, viz: First: Such school shall have maintained at least eight (8) months' school. Second: It shall be taught by a teacher of successful experience, holding a second grade elementary certificate or a certificate of higher grade. Third: It shall have a suitable school building, properly lighted, heated and ventilated, sanitary and commodious outhouses, and other necessary ac- commodations, library and such other apparatus as is necessary to do efficient work. Fourth: Such school shall have a regular and orderly course of study as is prescribed in the state course of study for common schools, including elemen- tary agriculture, and shall comply with such rules as may be established by the state board of education. § 1443. Application to be made to the county superintendent of schools.] Applications from schools for the aid herein provided in the case of state graded, consolidated and state rural schools, shall be made to the county superintendent of schools of the county in which such schools are located. The county superintendent shall forward to the state superintendent of public in- struction such applications as are endorsed and recommended by him, together with a certificate of the superintendent of the county wherein the school making such application is situated, to the effect that such school has fully complied with the conditions mentioned in Section 1441 of this act, in the case of state graded or state consolidated schools, and with the conditions mentioned in Section 1442 of this act, in the case of state rural schools, and in addition the rules established by the state board of education. The county superin- tendent shall also file with the inspector when requested to do so by that officer a certified list of such schools as have met the requirements for classification. § 1444. Inspection of schools. State school inspector. Appointment. Qualifications. Salary and expenses. Duties and reports. Assist- ant inspector.] Application for aid to state giaded schools, state rural schools or state consolidated schools which have the endorsement and recommenda- tion of the county superintendent wherein such schools aie located shall be filed in the office of the state superintendent of public instruction; and before any apportionment of any aid can be made under the provision of this act, such school shall be duly inspected and recommended for classification by an officer to be known as state inspector of rural and giaded schools and consol- idated school*. Such inspector shall be appointed by the state superintendent of public instruction for a period of two years; provided that such appoint- ment must be confirmed by the state board of education. This inspector shall have the same educational qualifications as required by law for the office of state superintendent of public instruction and shall have been a county super- intendent of schools. The inspector shall receive an annual salary of two thou- STATE OF NORTH DAKOTA 89 sand dollars; and in addition thereto his necessary and actual expenses incurred in the discharge of his official dut'es, not exceeding fifteen hundred dollars in any one year. The salary and traveling expenses shall be paid in the same manner as in the case of the state superintendent of public instruction. It shall be the special duty of the state inspector of consolidated, rural and graded schools to aid and promote consolidation of schools, and to further that end, he shall, when possible, attend teachers' meetings, institutes, training schools and school officers' and patrons' meetings, and discuss consolidation and kin- dred topics. He shall on or before the fifteenth day of September in each year, make and transmit to the governor and the state superintendent of public in- struction, a report showing the conditions of the schools inspected, with such summaries and recommendations as he may think proper; and not more than fifteen hundred of such reports shall be printed each year. He shall also file in the office of the state superintendent at the close of each school month indi- vidual reports of the several schools inspected during that month. § 1445. Amount of apportionment.] Between the first and fifteenth of August in each year, the state board of education shall apportion to each of said state consolidated schools the sums named in Section 1444 of this act, and to each of said state graded schools which have fully complied with the pro- visions of this act and such additional rules as may be established by the board, relating to state graded schools, the sum of two hundred dollars in each year to state graded schools of the first class, and to state graded schools of the sec- ond class the sum of one hundred fifty dollars; and they shall apportion to each of the state rural schoools which have fully complied with the provisions of this act and such additional rules as may be established by the board relating to state rural schools, the sum of one hundred fifty dollars in each year to each state rural school of the first class; and to each state rural school of the second class the sum of one hundred dollars in each year; provided, however, that in case the amount apportioned and available shall not be sufficient to pay the amounts specified above then the amount available shall be apportioned pro rata among the schools entitled thereto, and any moneys apportioned under this act shall be used solely to increase the efficiency of such schools. Pro- vided, also, that but one school of each class in any township or district shall receive aid under the provisions of this act until all of those schools applying for aid before August first of each year are considered and disposed of. These amounts shall be paid by the state treasurer on warrant of the state auditor when duly certified and filed with the state auditor by the superintendent of public instruction. § 1446. Aid to consolidated schools.] Any consolidated school meeting the requirements for a state graded school of the first class shall receive aid in the amount of six hundred dollars, and any consolidated school meeting the requirements for a state graded school of the second class shall receive aid in the amount of five hundred dollars. A onsolidated school within the meaning of this act shall be one organized in accordance with Section 84, Chapter 266, Session Laws of 1911; and in addition shall have at least two departments. § 1447. Records, accounts and rules.] The state superintendent of pub- lic instruction shall keep a record of all schools applying for and receiving aid as state graded schools, state consolidated schools or state rural schools, in each year, and a detailed account of all moneys apportioned for such purposes. !Mi GENERAL SCHOOL LAWS The state board of education is also authorized to establish such additional rules as shall be found necessary to secure uniformity and the best results among the schools receiving state aid. § 1448. Advancement of graded or consolidated schools, of the first class to high schools, and advancement of graded or consolidated schools of the second class to graded or consolidated schools of the first class.] First Class: When any state graded school or state consoli- dated school of the first class in this state attains such a degree of proficiency as to satisfy the state inspector of rural and graded schools that it has the qual- ifications necessary to entitle it to be advanced to a state high school, such in- spector may recommend the same to the state board of education for such ad- vancement. If the state board is satisfied that such school has complied with all the requirements to entitle it to promotion, said board shall raise it to a state high school entitling it to aid as such. Second Class: When any state graded school or state consolidated school of the second class in this state has attained such a degree of proficiency as to satisfy the inspector that it has the qualifications necessary to entitle it to be advanced to a state graded or consolidated school of the first class, such inspector may recommend the same to the state board of education for such advance- ment. If the state board is satisfied that such school fully complies with all the requirements necessary to entitle it to promotion, such board shall raise it to a state graded or consolidated school of the first class, entitling it to aid as such. § 1449. Report of state superintendent of public instruction.] The state superintendent of public instruction shall include in his biennial report a comprehensive statement of all receipts and disbursements; the name and number of schools in each class receiving aid; the number of pupils enrolled in each, and the cost of supervision of all schools receiving aid under this act for the years covered by such report, to which may be added an estimate of appropriation needed to meet the requirements of this act for the succeeding two years, and such other recommendations as he may deem useful and proper. § 1450. Amount appropriated for each class.] For the purpose of car- rying out the provisions of this act, the following sums are hereby appropri- ated annually, to be paid out of any moneys in the state treasury not other- wise appropriated, viz: for aid to state graded schools the sum of ten thousand dollars ($10,000.00) annually. For aid to state rural schools the sum of fifteen thousand dollars ($15,000.00) annually, and for aid to state consolidated schools the sum of ten thousand dollars ($10,000.00) annually. For the inspector's and assistant's salary, as hereinbefore provided, the sum of two thousand dol- lars ($2,000.00) annually. For the actual and necessary traveling expenses of said inspector, the sum of fifteen hundred dollars ($1,500.00) annually. For the payment of postage, stationery and clerical assistance required by the in- spector and the printing of the inspector's annual report, the sum of four hun- dred dollars ($400.00) annually. Provided, however, that in case the amount appropriated and available under this article for the payment of aid to such schools shall in any year be insufficient to apportion to each of such schools as are entitled thereto the full amount intended to be apportioned to the state graded schools, state rural schools and state consolidated schools, then, in such case, such amounts as are apportioned and available shall be apportioned pro STATE OF NORTH DAKOTA 91 rata among the schools entitled thereto. Provided, the first annual appropri- ations herein provided for such shall become available July first, 1913. THOROUGH SYSTEM OF INSTRUCTION IN SCHOOLS. § 1451. Writing.] Each pupil in the common schools as they shall be- come sufficiently advanced to pursue the same, shall be required to devote at least fifteen minutes practice in writing each day during the school year. § 1452. Course of study in high schools, selections by pupils.] All pupils entering high school shall select one of the courses of study offered by said high school, and no pupil shall be permitted to change said course of study, except by permission of the superintendent of said school, or upon request of the parents or guardian of said pupil. § 1453. Review by senior class, duty of superintendent.] The super- intendent shall, and it is hereby made his duty to cause to be reviewed by each senior class during the senior year, the full and complete course of study pur- sued by said class in the grammar grades. COUNTY AGRICULTURAL AND TRAINING SCHOOLS. § 1455. General or special election to establish school. Appro- priation by county commissioners.] Whenever in the opinion of the cit- izens of any county in the state, it shall be deemed wise to establish a county chool for the purpose of giving instruction in agricultural, domestic economy, manual training and for training of teachers for the rural schools and a peti- tion containing the names of not less than three hundred freeholders is filed with the board of county commissioners, praying for the establishment of such a school such board of county commissioners shall at its next regular meeting consider such petition and in case such board of county commissioners decide in favor of establishing such school, such board of county commissioners shall submit the question of establishing and maintaining such school to the elect- ors of such county either at the next general election or they may order a spe- cial election for the purpose of determining whether such county shall establish such school. Such special election shall be held in the manner and upon the notice prescribed by law for other elections; but the published and posted no- tices of such election shall state its object and the amount of money to be ap- propriated for the establishing of such school. If the majority of all the votes cast at such general or special election upon the question of establishing such school arc in favor of establishing su h school, the board of county commission- ers of s '.ch county is hereby authorized to appropriate money for the organi- ation, equipment and maintenance of same and to levy and spread on the tax roll a sufficient sum to carry into effect the provisions of this act; but such sum shall not be less than ten thousand dollars, nor more than twenty thou- sand dollars, and not exceeding such sum as may be recommended by the board of trustees of the county agricultural nd training school created by this act, which sum together with any gift or donation offered by any city or village desiring the location of such school shall be suffi ient to purchase a building already constructed or to purchase material or labor to erect a new main build- ing and such outbuildings as may he necessary; said sum may be all levied in 92 GENERAL SCHOOL LAWS one year, or the board of trustees of the county agricultural and training school created by this act may issue and sell certificates of indebtedness in an amount not to exceed said sum plus any additional amount required to pay the interest that may accrue on such certificates, which interest shall not exceed six per cent per annum and shall be paid annually. Such certificates shall be paid in five equal yearly payments and in case such certificates are issued and sold, it shall be the duty of the county board to levy and spread upon the tax roll a sufficient sum to pay the same as they become due together with accrued in- terest. § 1456. Joint maintenance by county and state.] After the establish- ment of such school, the maintenance thereof shall be borne jointly by such county and the state, as hereinafter provided. The board of county com- missioners are hereby empowered and directed annually to levy and spread on the tax roll a sum sufficient to pay the county's share of the cost of main- tenance; provided, that not to exceed one-half of the yearly cost of maintenance shall be paid by the state, but the state's share of such maintenance shall not exceed the sum of three thousand dollars in any one year; it being the intent of this act that a sum at least equal to the state's share shall be levied and paid by the county, but this shall not prevent the county from levying a greater sum of [for] maintenance, if deemed necessary; provided, further, that the board of county tax commissioners may from time t time levy and spread upon the tax roll sums of money for the erection and construction of additional buildings or other improvements, or for the purchase of equipment, but levies for improvements or equipment shall not exceed the sum of five thousand dol- lars in any one year, without first having been submitted to a vote of the elect- ors of such county as provided in Section 1455 hereof. § 1457. Treasurer of board. Funds. How paid out.] The county treasurer shall be and shall act as the treasurer of the board of trustees and all funds levied and collected for the purpose of establishing and maintaining such a school shall be placed in his hands, the same as all other funds and shall be paid out, on the order of the president of the board of trustees and counter- signed by its secretary. § 1458. Board of trustees.] There is hereby created for any county de- siring to establish such a school a board consisting of five members to be known as "The Board of Trustees" of the county agricultural and training school, of which the county superintendent of schools shall be a member and of which he shall in all cases act as secretary: the other four shall be appointed by the board of county commissioners, two of whom shall serve for the balance of the school year ending June thirtieth, following their appointment and tw shall serve until the end of the second school year or until their successors are appointed and have qualified. After the organization of such board of trustees the terms of appointment of the members of such board shall be for a term of two years, the terms of two members expiring at the end of each school year, but no mem- ber of the board of county commissioners shall be eligible to appointment on the board of trustees, during his term of office as a member of the board of county commissioners. Vacancies occurring in the board of trustees, except- ing in th ■ case of the county superintendent, shall also be filled by appoint- ment by the board of county commissioners within sixty days after they occur. STATE OF NOETH DAKOTA 93 § 1459. Oath. Bond. Organization of board. Compensation. Tax.] Each person appointed a member of the board of trustees shall within ten days after notice of such appointment, take an oath to discharge his duties faith- fully, which oath together with a bond, in the sum of two thousand dollars, shall be filed in the office of the county auditor. Within fifteen days after their appointment the members shall meet and organize by electing one of their number president. The members shall receive no compensation except their actual expenses while going to and from and while attending the meetings of the board of trustees and in the necessary discharge of their official duties in establishing, equipping and maintaining the school. After having determined the amount of money required to establish, equip and maintain the school for one year, the secretary shall make a report of the estimated amount required, to the county auditor, in sufficient time to spread on the tax roll, but any such amount shall be subject to the approval of the board of county commissioners. Should the board of county commissioners deem it advisable to sell certificates of indebtedness in lieu of making a tax levy, it hall be done as required by Section 1455 of this act. § 1460. State agricultural and training school board. How created. Powers and duties.] There is hereby created a state agricultural and train- ing school board which shall consist of the president of the state agricultural college, the state superintendent of public instruction and three practical farm- ers who shall be appointed by the governor of this state, one of whom shall serve until the end of the first school year, one of whom shall serve until the end of the second school year, and one of whom shall serve until the end of the third school year after the organization of this board; it being the intent of this act after the organization of this board, that the term of each appointed mem- ber of this board shall be for three years and no two of whose term shall ex- pire in the same year. The president of the agricultu al college shall be pres- ident of this board and the superintendent of public instruction shall be its secretary. This board shall meet at such time and place as its president may direct and shall prescribe the course of study to be pursued in the county agri- cultural and training schools, which shall include, first, instruction in the ele- ments of agriculture including the study of. soil, horticulture and plant life, animal life on the farm, a system of faim accounts, and manual training and domestic economy; second, instructions in the common blanches and such other branches as are necessary foi the training of teachers in the rural schools, in methods of school management and provisions for observation and practice in the art of teaching. The state board of agricultural and training schools shall determine the qual- ifications to be required of the principal and other teachers in said school, and the president and secretary of the said state board shall each have a vote in the election of, and fixing the salaries of the principals of said schools. The other teachers shall be elected by the board of trustees of each school established under this act. It is provided that the course of study in the department of agriculture shall be so framed as to correlate with the courses of study in the state agricultural college so that students from the county schools shall be ad- mitted without examination to the next higher class in the state agricultural college next following that which they have completed in the county school. The superintendent of public instruction and the president of the agricultural 94 GENERAL SCHOOL LAWS college shall visit and inspect each of said schools at least once each year, and make a report to the governor, relating to property management,, instruction and efficiency of these schools, and make such recommendations as in their judgment will further the efficiency and usefulness of any or all of such schools. § 1461. Site for school. Trustees to build.] After the board of county commissioners have decided to establish a school it may receive offers of lo- cation, as well as money from each village or city desiring to have a school lo- cated within or near its boundaries; such offers and location shall be examined and considered by the board of county commissioners after which the board of county commissioners shall accept in the name of the county such site and money or other valuable property in aid of establishing a school as in their judgment may seem best, receiving to all lands bought 01 donated for a school site, a deed in the name of the county. The board of trustees shall thereafter proceed to build such school as soon as all other requirements prescribed by the act theretofore necessaiy have been complied with. § 1462. School free to whom. Admission of non-res dents.] Any school organized under the piovisions of this act shall be free to residents of. the county contributing to its support, but whenever students desire admis- si n to the school in sufficient numbers to warrant the organization of special classes for their instruction, such classes shall be organized and continue for such time as the trustees may direct. The board of trustees shall make rules prescribing the conditions under which students may enter who are not res- idents of such county. § 1463. When school deemed to be established. State aid.] When a county has determined as herein provided to establish, equip and maintain a county agricultural and training school, the trustees, shall through the sec- retary and president make application to the superintendent of public instruc- tion for the establishment of such a school. The application shall be accompa- nied by a certified statement from the chairman of the board of county com- missioners, and the county auditor, that the necessary tax levy will be made for the establishment and maintenance of such school. Such application shall be referred to the state board of agricultural and training schools, who shall determine as to its acceptance or rejection. If the application from any county for the establishment of such school is granted by them, and when subsequtlyen all the provisions of this act are complied with by the county board and board of trustees, the county agricultural and training school shall be considered as established in and for such county, and shall upon its compliance with the other provisions of this act receive aid from the state as provided herein. § 1464. Procedure to obtain state aid.] On the first day of July in each year the secretary of each county agricultural and training school board of each county maintaining a school on the approved list shall report to the state superintendent, setting forth the facts relating to the cost of maintaining the school, the character of the work done, the number and names of teachers em- ployed and such other matters as may be required by the state board of agri- cultural and training schools. Upon the receipt of such report, if it shall appear that the school has been maintained in a satisfactory manner for a period of not less than nine months during the year closing on the thirtieth day of the preced- ing June, the superintendent of public instruction, as secretary of such board shall make a certificate to that effect and file it with the state auditor. Upon STATE OF NORTH DAKOTA 95 receiving such certificate the state auditor shall draw his warrant payable to the treasurer of the county maintaining such school a sum equal to one-half {Yi) the amount actually expended for maintaining such school during the year; provided, that the total amount as apportioned shall not exceed three thousand dollars in any one year. § 1465. Training school certificates after completion of course.] Any person who shall complete in a satisfactory manner the course of study prescribed for any county agricultural and training school and who shall be of good moral character shall receive a certificate signed by the principal of the school and by the members of the county training school board. Such certificate shall certify that the person named therein has satisfactorily completed the course of study prescribed for the county school and is of good moral character; it shall also contain a list of the standings secured by the person on the completion of such studies pursued in the school. Such certificates shall have the force and effect of a second grade certificate issued by the county superintendent of the county in which the school is located, for a term of two years from the date of its issue; provided, that in case the holder thereof has never taught or cannot furnish satisfactory evidence of having successfully taught for at least one school year in the public schools of this state, said certificate shall be of full force and ef- fect for one year only from its date of issue. When satisfactory evidence of suc- cessful teaching for at least one year upon said training school certificate shall be furnished to the county superintendent, said superintendent shall remove the limitation, whereupon the training school certificate shall have the full force and effect of a teacher's certificate of the second grade for two additional years. Any school superintendent or officer authorized to grant certificates to teachers in North Dakota is hereby authorized in his discretion to accept standings obtained by the completion of studies in any county and agricultural training school in lieu of actual examination by said superintendent or examiner at any time within three years from the date of the certificate of completion of the course by the person desiring to have such standings accepted. This provision shall apply to certificates of second grade. § 1466. Establishment of schools for two or more adjoining counties.] The county boards of two or more adjoining counties may unite in establishing and maintaining agricultural and training school for teachers for the purpose and on the general plan as provided for in Section 1455 of this act, and may appro- priate money for its maintenance, and whenever two or more counties unite in establishing such school the county superintendent of the county in which the school house is situated shall be ex-officio secretary of the board, and the board of trustees shall consist of two members appointed from each of the counties so uniting in establishing and maintaining such school and no member of any board of county commissioners shall be eligible. § 1467. Tax for maintenance of such joint schools.] Whenever two or more counties unite in maintaining and establishing such school the board of trustees provided for in such eases shall determine the amount of money neces- sary for the maintenance and equipment of the school for the next succeeding year and annually thereafter. They shall apportion the amount to be raised by taxation among the counties in proportion to the assessed valuation of the real and personal property in each county as fixed by the state board of equaliza- tion and shall report to the county auditor of each county on or before the first 96 GENEKAL SCHOOL LAWS Monday of May in each year, the amount of apportionment so fixed, and such apportioned amount shall be levied by the board of county commissioners of each county for the ensuing year for the support of such schools. § 1468. County treasurer ex-officio treasurer training school board.] The county treasurer of the county in which the school is located shall be ex-officio treasurer of the agricultural and training school board, and all moneys appropriated and expended under the provisions of this act shall be expended by the board of said county training school and shall be paid by the said county treasurer on orders drawn by the secretary and countersigned by the president. § 1469. State agricultural and training school fund created.] For the purpose of providing funds for the payment of such claims as the state hereby obligates itself to do and the warrants thereon drawn, there is hereby created a fund to be known as the state agricultural and training school fund. § 1470. Special tax for training school fund.] It shall be the duty of the state board of equalization at the time of the levy of the annual tax to estimate the amount required to pay the state's share of the cost of maintaining the county agricultural and training schools established under the provisions of this act, and to levy a special tax of not to exceed one-fifth (1-5) of one mill on the dollar upon the assessed valuation of all property in the state, which tax when collected shall be paid into the hands of the state treasurer who shall at once enter the same into the state agricultural and training school fund. Said fund shall be preserved inviolate for the payment of the state claims provided herein. § 1471. Acts, proceedings and elections legalized.] That all acts and proceedings heretofore had by the board of county commissioners in any county, preliminary to submitting to the voters of such county at either a general or special election, the question whether such county shall establish a county agri- cultural and training school under the provisions of Chapter 265, Session Laws of 1911, and all general or special elections held pursuant to such acts, proceedings, calls and notices shall be and are hereby legalized in each and every case, and hereby declared valid acts, proceedings, calls, notices and elections. And this shall be true notwithstanding the omission of any matter or thing by law required 'as a pre-requisite to the submission of such question at a general or special elec- tion and the holding of such election, and notwithstanding defects or omissions in the proceedings had preliminary to or in the calling of, and the giving of the required notice of the submission of such question, for the establishment of such county agricultural and training school at such general or special election; and notwithstanding the omission of any matter or thing by law required to be stated in such notice; and notwithstanding any defect in the form of or the omission from the ballot used at such general or special election, any matter or thing required by law therein to be stated. § Emergency.] Whereas, the provisions of Chapter 265 of the Session Laws of 1911, are vague and indefinite with respect to matters in this bill set forth, and elections have been attempted held under such vague and indefinite provisions, an emergency is hereby declared to exist, and this act shall take effect and be in force from and after its passage and approval. STATE OF NORTH DAKOTA 97 SCHOOL FUNDS. § 1472. School funds required to be deposited.] All funds of each and every city or school district of this state shall be deposited by the treasurer of the city, county or school district, as soon as received by him, in the name of the city or school district of which he is an officer, in such bank or banks as shall have been designated as city or school district depositories in accordance with this article, as hereinafter provided. § 1473. Depositories to be designated.] The city council or school board of each and every city or school district of this state, at its first regular meeting after this article shall take effect and at its first regular meeting in July of each odd numbered year thereafter, shall designate one or more national or state banks in its city or district or county as city or school district depositories, in which all of the funds of such city or school district shall be deposited. § 1474. City auditor OR SCHOOL CLERK TO advertise for proposals.] The city auditor or school clerk of each city or school district shall advertise in one or more newspapers of the city, county or village, for at least two weeks immedi- ately prior to such meeting for sealed proposals for the deposit of funds of such city or school district, wdiich advertisements shall state the date up to which such proposals will be received, which date shall be the day of the meeting of the city council or school board, at which such proposals are to be opened. Such proposals shall state in writing what rate of interest will be paid on average daily balances during the month, interest to be paid monthly on condition that such funds with accrued interest, shall be held subject to draft at all times on demand. Such proposals shall be inclosed in sealed envelopes, addressed to the city auditor or school clerk and marked "Proposals for deposit of city or school funds," and shall be by the city auditor or school clerk filed in his office. § 1475. How proposals acted on. Bond required.] Such proposals shall be presented + o the city council or school board at such meetings, and then, but not till then, shall be opened by the city auditor or school clerk in the presence of the council or school board, and the council or school board shall thereupon proceed to accept the proposal of the bank or banks offering the highest rate of interest, not inconsistent therewith, subject to the filing of a satisfactory bond as hereinafter provided, the amount of which bond shall then and there be fixed by the city council or school board. Before any bank shall be designated as such depository, it shall submit to the city council or school board for its approval a bond payable to the city or school district conditioned for the safe keeping and repayment of any and all funds deposited in such banks, which bond shall be signed by not less than five freeholders of the county or state as sureties; such bond to lie in the sum required by the city council or school board, but in no case less than double the probable amount of funds to l>< deposited in such bank. If at any time the amount of funds on deposit in any such depositories shall exceed one-hall' of the amount named in such bond, it shall be the duty of the city council or school board ;il its nex1 regular meeting I lien after to require from such depository an additional bond in a sum not less than twice the amount of such excess. Such bond shall be approved lis the city council or school hoard and the approval endorsed thereon by the mayor or president of I he school board, and by him deposited with the city auditor or school district clerk; and any hank whose bond shall have Keen so approved shall thereupon !><• designated by the 98 GENERAL SCHOOL LAWS city council or school board as a city or school district depository and shall con- tinue as such until such time as the city council or school board shall advertise for bids as aforesaid. If the city council or school board fails or refuses to ap- prove such bond, the same may be presented to the judge of the district court, upon three days' notice to the city auditor or school district clerk, who shall proceed to hear and determine the sufficiency of such bond, and may approve such bond, and the said bank shall be declared a city or school district depository as aforesaid. The sureties on such bond shall be required to justify as required by law in arrest and bail proceedings; provided, however, that in lieu of such personal bond, the city council or school board may require such bank or banks to file a surety company bond for a sum equal to the amount of funds such bank may receive according to the provisions of this article. If at any time the amount of funds on deposit in such depositories shall exceed the amount named in such surety company bond, it shall be the duty of the city council or school board at its next regular meeting thereafter to require from such depositories an additional surety bond in the sum of not less than the amount of such excess. Such surety company's bond shall be approved as provided by law. § 1476. In case bids are equal, how decided.] When two or more banks in the same city or village, proposing to be city or school district depositories, offer the same rate of interest, it shall be the duty of the city council or school board to select, impartially, as many of such banks as depositories as offer am- ple security for such deposits. In estimating the value of the security offered by any proposed depository the capital, surplus and general credit of the bank shall be taken into consideration, as well as the bonds proposed to be given. § 1477. Two or more banks may be designated.] In case two or more banks be designated as depositories, the city or school district treasurer shall, as far as practicable, keep in each of the several depositories equal balances at all times; provided, that in cities or villages where two or more banks are desig- nated as depositories, the amount deposited in any bank shall not exceed the capital of the banks in said city or village, then the city council or school board shall deposit the funds of the city or school district in the banks of the city or village upon their giving a bond according to law. § 1478. When time deposits mat be made.] Whenever there shall be accumulated in the sinking fund or any other revenue, city or school district fund, established by law, in any of the cities or school districts of this state, an amount of money exceeding two hundred dollars, and for which there is no immediate use, the city council or school board of such city or school district is authorized and empowered to direct a time deposit of such funds for a period of one year or six months, as they may deem expedient, either in one or more of the city or school district depositories created by law, or such state or national bank as the city council or school board may designate. § 1479. How depositories for time deposits are selected.] The deposi- tories for such time deposits of the city or school district funds may be designated at any regular meeting of the city council or school board of such city or school district upon the advertisement and proposals as provided by law for designating the depositories of the general city or school district funds, and the bank or banks designated as the depository or depositories of such time deposits of such city or school district funds shall be required to furnish a bond in the same amount, STATE OF NORTH DAKOTA 99 manner and form as prescribed by law for the several city and school district depositories. § 1480. Maximum rate of interest on call deposits.] To further secure the safety of the city or school district funds deposited under the provisions of this article the city council or school board shall satisfy itself of the responsibility of the several banks proposing to act as depositories, and any bank offering more than four per cent per annum on deposits, subject to check, shall not be designated as a depository under the provisions of this article; provided, this act shall not apply to school districts in incorporated cities or villages. § 1481. In whose name deposited.] All funds in (of) the city or school district shall 1 be deposited in the name of the city or school district by the city treasurer or treasurer of the school district, as soon as received by him, in such bank or banks as shall have been designated as city or school district depositories. § 1482. Penalty for violation.] If any city or school district treasurer shall deposit any of the funds of his city or school district or loan the same in any manner except according to the provisions of this article, he shall be liable to a penalty of five hundred dollars for each deposit or loan so made. § 1483. Banks to furnish monthly statements.] Each depository shall furnish to the city auditor or clerk of the school district on the first day of each month an itemized statement of the account of the city or school district with such depository, duly verified by the affidavit of the cashier of such bank, which statement shall be filed and carefully preserved in the office of the city auditor or school clerk. All sums of interest accruing on the funds deposited as afore- said shall be credited to such deposit account on the first day of each month for the preceding month, and a statement of such interest shall be rendered by such depository to the city auditor or school clerk on the first day of each month and the auditor or clerk shall charge the treasurer with the amount thereof and credit the sum to the general fund of the city or school district. § 1484. How checks shall be signed.] All checks drawn upon the city or school district depositories shall be signed by the city or school district treasurer in the name of the city or school district, by himself as treasurer. § 1485. When bids not required.] It is the duty of the officers mentioned in this article to comply wi'h the provisions hereof; provided, that in cities or villages where only one bank is located, the city council or school board shall designate such bank or other bank within this state the depository without adver- tising for bids, if such bank agrees to pay interest at the rate of at least two per cent per annum and furnishes a bond as hereinbefore provided for the safe keeping and repayment of any funds deposited in such bank. In cities or villages or counties where there is no bank or where no bank offers to comply with the re- quirements of this act, the city council or school board must designate some bank or banks outside of such city or village and within this state as such depositories, but [such] bank or banks must furnish a bond in the same manner as other de- positories. § 1486. Treasurer not liable for funds deposited by reason of bank failure.] When the funds of any city or school district are deposited by the city or school district treasurer as provided herein, such treasurer and his sureties shall be exempt from all liability thereon by reason of the loss of any funds from the failure, bankruptcy or any other act of such bank to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy. LOO GENERAL SCHOOL LAWS § 1487. Exceptions to law.] It shall not be incumbent upon the city council or school board to designate depositories as herein provided for until the amount in such city or school treasury equals or exceeds the sum of five hundred dollars. § 1488. Violation constitutes misdemeanor.] Any officer violating any of the provisions of this article shall be deemed guilty of a misdemeanor. CONSTRUCTION OF SCHOOL BUILDINGS AND INSPECTION, VENTILATION AND SANITATION THEREOF. § 14S9. Buildings inspected. Plans and specifications to be sub- mitted to superintendent of public instruction.] No building which is designed to be used, in whole or in part, as a public school building, shall be erected until a copy of the plans thereof has been submitted to the state superintendent of public instruction, who for the purposes of carrying out the provisions of this act is hereby designated as inspector of said public school building plans and specifications, by the person causing its erection or by the architect thereof; such plans shall include the method of ventilation provided for, and a copy of the specifications therefor. § 1490. Construction of school houses.] Such plans and specifications shall show in detail the ventilation, heating and lighting of such building. The state superintendent of public instruction shall not approve any plans for the erection of any school building or addition thereto unless the same shall provide at least twelve square feet of floor space and two hundred cubic feet of air space for each pupil to be accommodated in each study or recitation room therein. (1) Light shall be admitted from the left or from the left and rear of class rooms and the total light area must, unless strengthened by the use of reflecting lenses be equal to at least 20 per cent of the floor space. (2) All ceilings shall be at least twelve feet in height. (3) No such plans shall be approved by him unless provision is made therein for assuring at least 30 cubic feet of pure air every minute per pupil and warmed to maintain an average temperature of 70 degrees F. during the coldest winter weather, and the facilities for exhausting the foul or vitiated air therein shall be positive and independent of atmospheric changes. No tax voted by a district meeting or other competent authority in any such city, village or school district, exceeding the sum of two thousand dollars ($2,000.00) shall be levied by the trus- tees until the state superintendent of public instruction shall certify that the plans and specifications for the same comply with the provisions of this act. All school houses for which plans and detailed specifications shall be filed and approved, as required by this act, shall have all halls, doors, stairways, seats, passageways and aisles and all lighting and heating appliances and apparatus arranged to facilitate egress in case of fire or accident and to afford the requisite and proper accommodations for public protection in such cases. All exit doors shall open outwardly, and shall if double doors be used, fasten with movable bolts operated simultaneously by one handle from the inner face of the door. No staircase shall be constructed with wider steps in lieu of a platform, but shall be constructed with straight runs, changes in direction being made by platform. No doors shall open immediately upon a flight of stairs, but a landing at least the width of the door shall be provided between such stairs and such doonvay. STATE OF NORTH DAKOTA 101 (4) Every public school building shall be kept clean and free from affluvia arising from any drain, privy or nuisance, and shall be provided with sufficient number of proper water closets, earth closets or privies, and shall be ventilated in such a manner that the air shall not become so impure as to be injurious to health. § 1491. Toilet rooms. How constructed.] No toilet rooms shall be constructed in any public school building unless same has outside ventilation and windows permitting free access of air and light. The provisions of this act shall be enforced by the state superintendent of public instruction or some person designated by him for that purpose. § 1492. Method of inspection and adjustment of grievances.] If it appears to the state superintendent of public instruction or his deputy appointed for that particular purpose ; that further or different sanitary or ventilating pro- visions, which can be provided without unreasonable expense, are required in any public school building, he may issue a written order to the proper person or authority, directing such sanitary or ventilating provisions to be provided. A school committee, public officer or person who has charge of any such public school building, who neglects for four weeks to comply with the order of said state superintendent of public instruction or his deputy, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars. (1) Whoever is aggrieved by the order of the state superintendent of public instruction or his deputy issued as above provided, and relating to a public school building, may within thirty days after the service thereof, apply in writing to the board of health of the city, town, incorporated village or school district to set aside or amend the order; and thereupon the board, after notice to all parties interested, shall give a hearing upon such order, and may alter, annul or affirm it. § 1493. Ventilating flues and method of constructing same.] No wooden flue or air duct for heating or ventilating purposes shall be placed in any building which is subject to the provisions of this act, and no pipe for conveying hot air or steam in such building shall be placed or remain within one inch of any wood-work, unless protected by suitable guards or casings of incombustible material. § 1494. APPROVAL OF PLANS. 1$Y WHOM AND PENALTY FOR VIOLATION.J To secure the approval of plans showing the method or systems of heating and ven- tilation as provided for inSec. 1490 the foregoing requirements must be guaranteed in the specifications accompanying the plans. Hereafter erections or construc- tions of public school buildings by architect or other person who draws plans or specifications or superintends the erection of a public school building, in violation of the provisions of this act, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars. TEACHERS' INSURANCE AND RETIREMENT FUND. § 1495. Creation of fund and membership of board.] There is created a teachers' insurance ami retirement fund, which shall be managed by a board of trustees to be known as the board of trustees of the teachers' insurance and re- tirement fund. Such board shall consist of five members. The state treasurer and the state superintendent of public instruction shall be ex-officio members of said board; three members, one of whom shall be a woman, shall be appointed 102 GENEEAL SCHOOL LAWS by the governor from among the members of the teachers' retirement fund as provided for in this act. One such appointive member may be a retired member of the fund. The term of office of the appointive members of said board of trus" tees shall be three years, except as provided herein, and shall begin on the first day of July, next succeeding their appointment; provided that the terms of office of the first members appointed shall be one for a period of one year, and one for a period of two years, and one for a period of three years. § 1496. Annual meeting of members.] At the time and place of the meet- ing of the North Dakota State Education Association, those teachers who have qualified as members of the teachers' insurance and retirement fund according to Sections 1505,1506, and 1507 of this act, shall meet for the purpose of hearing the report of the board created by Section 1495 of this act, and of transacting such other business as may properly come before them. § 1497. Vacancies.] In case any vacancy occurs among the members of the board, said vacancy shall be filled immediately by the governor, and the ap- pointee shall serve the balance of the term for which the original member was appointed. § 1498. Organization of the board.] Said bbard of trustees shall organize by the election of a president. The state treasurer shall be ex-officio treasurer of said board, and shall receive and make payments from and account for said funds in the same manner as for other state funds. Said board may employ a secretary to be chosen for such a term as shall be determined by said board. Said secretary shall perform such duties in connection with the teachers' insur- ance and retirement fund as may be prescribed by the board. § 1499. Meetings and regulations.] Said board shall meet annually within three months after July first of each year, at the office of the superintend- ent of public instruction, at a time to be fixed by the board, and at any other time on the call of the president or any two members thereof. Said board shall adopt rules for the government of its meetings and for the membership in the fund, payments thereto and therefrom, and for other matters which will be calculated to aid teachers in securing the benefit of the fund. § 1500. Compensation and secretary.] Members of said board shall receive no compensation except their necessary traveling expenses incurred in attending the meetings, to be paid from the teachers' insurance and retirement fund upon the certificate of the president and secretary; but if the board shall elect one of its members secretary, such member may receive compensation for services rendered as secretary. The secretary of said board shall receive a salary to be fixed by the board, at an amount not to exceed twelve hundred dollars per annum. The compensation of the secretary and any other necessary expenses incurred by said board in carrying out the provisions of this act shall be paid from the fund. § 1501. Investment of funds.] Said board shall have charge of the fund and shall invest the same under the same conditions as the trust funds of the state may be invested. § 1502. Annual report.] On or before the first day of October of each year, said board shall report for the fiscal year ending the thirtieth of June pre- ceding. A copy of said report shall be transmitted to the annual meeting of the members of the teachers' insurance and retirement fund and to the state super- STATE OF NOETH DAKOTA 103 intendent of public instruction. Said superintendent shall include a copy of said report in his biennial report to the governor. § 1503. Retention of assessments.] Each school district board, each board of education, or other managing body of each city, and of each school dis- trict, and of each village, and of each town operating its schools under the town- ship system of school government, shall retain on every pay day from the salary of each teacher in their respective schools the amounts herein provided. Each teacher shall be furnished a statement by such board, showing the amount so deducted from his or her salary. In like manner, each county superintendent and assistant county superintendent who has come within the provisions of the law must authorize the county board of commissioners to deduct the proper assessment from each of the twelve monthly payments of his salary. § 1504. Amount of assessments.] Every teacher who has joined the fund shall be assessed upon his or her salary as teacher for a period of twenty-five years as follows: one per centum per annum, but not more than twenty dollars per year, for each of the first ten years of service as a teacher, and two per centum per annum, but not more than forty dollars per year for each successive year of service as teacher, until said teacher shall have had a total of twenty-five years of teaching service, when said assessments shall cease. The total amount paid into said fund by each teacher shall be based upon said twenty-five years of service as teacher with assessments as provided in this section; provided that such total amount shall not be less than the full amount of the annuity to which such teacher shall be entitled for the first year. § 1505. All new teachers assessed after January 1, 1914.] In becoming a teacher in said public schools after January 1, 1914, he or she shall be conclu- sively deemed to join the fund and to undertake and agree to pay such assess- ments, and to have such assessments deducted from his or her salary as herein provided. § 1506. Assessments optional for teachers now teaching in the state.] Any person employed as teacher in said public schools when this act takes effect, may, at any time before January 1, 1917, elect to join the fund and to come within the provisions of this act, by notifying in writing the board of trustees of the teachers' insurance and retirement fund before January first, 1917. § 1507. Notification by teacher.] At the time of giving said notice to the board of trustees, as herein provided, such teacher shall notify the local school board or any other managing body, in writing, of his or her election to come within the provisions of this act; and shall authorize said school board, as a part of said notice, to deduct from each payment of salary due him or her a sum equal to said per centum of such payment as provided in Section 1504. § 1508. Transmission of money to county treasurer.] Each such school district board, each board of education, or other managing body, and each board of county commissioners, shall each year, between the 20th and the 30th days of June, forward to the treasurer of the county in which the school house of said teacher is located, a statement verified by the secretary, the clerk, or the auditor thereof, of the moneys so retained, in accordance with the provisions of this act together with said moneys so retained. Said statement shall also include the following: Name and monthly salary of each of said teachers; num- ber of months of school taught by each teacher in said public: schools of the dis- trict, village, city, or county over which said school board or other managing body 104 GENERAL SCHOOL LAWS has jurisdiction during the school year for which the statement is made; the number of months constituting a school year in each such district, village, cily or county; the total salary of each teacher; the total amount withheld from the salary of each teacher, in accordance with the provisions of this act; the total amount withheld from the salaries of all of said teachers for the school year next preceding, and the total number of years such teacher has taught in the public schools of the state. § 1509. Statements to be sent to county superintendent and county auditor.] Said school board shall at the same time send a copy of said state- ment to the superintendent of the county in which said school house is located, and also a duplicate copy of the same to the auditor of said county. § 1510. Statement to be sent in all cases.] If no teacher in such city, village, town or school district comes under the provisions of this act, the school board or other managing body of such city, village, town or school district, shall state this fact under the oath of the secretary or the clerk thereof, to the treas- urer of said county; and shall at the same time forward copies of said statement to the superintendent of said county and to the auditor of said county. § 1511. Reports to be made to the board.] Each county superintendent shall each year, between the 30th day of June and the 10th day of July, report under oath to the board of trustees of the teachers' insurance and retirement fund. Said report shall contain an itemized account of the statements received by him from the school boards and a statement of the total amount withheld from the salaries of all of the said teachers in said report. § 1512. Reports to be preserved.] The board of trustees of the teachers' insurance and retirement fund, each county superintendent, each county auditor, each county treasurer, each school district board, each town board of education, or other managing body, shall keep complete records of the data contained in said reports and of the statements hereinbefore mentioned. § 1513. Transmission of funds to the state treasurer.] Between the 15th day of July and the 1st day of August of each year, the county treasurer shall transmit to the state treasurer all moneys which he has received from the school boards and from the boards of county commissioners in accordance with the provisions of this act in the same manner that other moneys are transmitted to the state treasurer; and shall certify under oath to the board of trustees of the teachers' insurance and retirement fund the amount so received and transmitted to the state treasurer as herein provided. The state treasurer shall credit all moneys received under the provisions of this act to the fund designated as the teachers' insurance and retirement fund. § 1514. Penalty for failure to report and transmit funds.] No city, village, town or school district shall share in the apportionment of the state tuition fund for any year, unless it has made the report as herein provided and paid over to the state treasurer for the teachers' insurance and retirement fund such per centum as provided in Section 1504 of the total sum paid in wages to such teachers as come under the provisions of this act, and also the portion of the county tuition fund described in Section 1515. § 1515. Fund to be set aside from county tuition fund and trans- mitted to state treasurer.] Each county treasurer shall annually set aside from the county tuition fund a sum equal to ten cents for each child of school age in his county and shall transmit this sum to the state treasurer in the same STATE OF NORTH DAKOTA 105 manner that others are transmitted to the state treasurer at the same time that he transmits the funds received from the school hoards and the boards of county commissioners in accordance with Section 1513, and shall certify under oath to the hoard of trustees of the teachers' insurance and retirement fund the amount mi transmit led to the state treasurer. The state treasurer shall credit all moneys received in accordance with this section to the fund designated as the teachers' insurance and retirement fund. § 1516. Name of fund.] The moneys received by the state treasurer under the provisions of Sec. 1513 and 1 515 of this act, together with donations or legacies received therefor, or moneys received from any legal source of increment, shall constitute a fund to be known as the "teachers' insurance and retirement fund." § 1517. Payment of back assessments.] Any tether coming from schools iiitl included under the provisions of this act shall pay assessments for said years of service in such schools, as provided in Section 1504, based upon his or her first annual salary in said public schools of the state, together with the regular assess- ments as provided in Section 1504, before receiving any retirement annuity. § 1518. Retirement of teachers who are eligible to annuity.] Any teacher who may be teaching in said public schools and who lias complied with the provisions of these sections may retire and receive the annuity provided for in the following cases: 1. After a period or periods aggregating twenty-five years of service as teacher, of which eighteen years, including the last five, must have been spent in public- schools of tins state, provided that payments by said teacher to the fund shall have amounted to a sum as provided in Section 1504. If said payments shall not have amounted to said sum, the teacher shall pay into the fund the deficiency before receiving said annuity. 2. After fifteen years of service as teacher in the public schools of this state, when said teacher suffers from a permanent mental or physical diasabilily, to be determined by said board after an examination by two physicians appointed by said board, provided that payments by said teacher to the fund shall have amounted to a Mini as provided in Section 1504. If said payments shall not have amounted to said sum, the teacher shall pay into the fund the deficiency before receiving the annuity. The examination fees of Such physician shall be paid by said applicant. § 1519. Legal school yeah defined.] In computing the terms of service under Section lolS, a year shall be a legal school yearal the time and place where said service was rendered, except that where the service was rendered in schools not included within the provisions of this act, a time less than a legal school year in this state shall not be included as a year, but only as such proportion of a year as the number of teaching weeks in each such year bears to the uumber of weeks reqi ired at the time to constitute a legal school year in this state. $ 1520. Applications co mi-, hoard.] Any person who has complied with the provisions of this ad and desires to retire from active service in said public schools, shall apply in writing to the board of trustees of the teachers' insurance and retirement fund. § 1521. Amoivi or 'NNUITY.] Kaeh teacher retiring from I he service of said public schools under the provisions of Section 1518, shall annually and for life he entitled to receive as annuity a sum equal to one-fiftieth of his or her average annual salary for the last five years of service, multiplied by the whole number of 106 GENERAL SCHOOL LAWS years of service as teacher; provided, however, that his said annuity shall not exceed seven hundred and fifty dollars in any one year, or be less than three hundred and fifty dollars in any one year, subject, however, to all the provisions of this act. § 1522. Trustees may ratably diminish annuities.] The board of trus- tees may ratably reduce the annuities provided in this act, whenever in the judgment of the board, the condition of the fund shall require such reduction. § 1523. Withdrawals from membership in the fund.] Any teacher who shall cease to teach in said public schools before receiving any benefit or annuity from the fund, shall, if application be made in writing to the board of trustees within six months after the date of his or her resignation, be entitled to the return of one-half the amount, without interest, which shall have been paid into the fund by such teacher. If such teacher should again thereafter teach in said public- schools, he or she shall, within one year from the date of his or her return to the service in said public schools, refund to said fund the amount so returned to such teacher, together with simple interest on said amount (but not to exceed four per centum per annum) for the time such amount was withdrawn from the fund. § 1524. Annuities to be paid quarterly.] The state treasurer shall pay said annuities quarterly in September, December, March and June of each year, upon the warrants of the state auditor issued upon certificates of the president and secretary of said board. No payments shall be made prior to September, 1915. § 1525. Annuities paid from interest and principal.] Payments from the fund shall be made from the income thereof and in addition thereto, when necessary, from the principal of moneys received under Sections 1513 and 1515. § 1526. Annuities to cease upon resumption of teaching.] Any person retiring under these sections may again enter upon the work of teaching in said public schools; during said term of teaching the annuity paid to such person shall cease. Said annuity shall again be paid to said person upon his or her further retirement. § 1527. Annuities not subject to legal process.] The annuities so created shall not be subject to attachment, garnishment, execution, or other seizure on [or] process, nor shall they be subject to sale, assignment, pledge, mortgage, or other alienation. § 1528. The term "teacher" defined for the act.] The term "teacher", as used in this act, shall include all persons employed in teaching by any city board of education, or school board or other managing body of any city, town, village, or rural school district in this state, and all superintendents and assistant superintendents of said schools, including county superintendents and their assist- ants, all supervisors of instruction, all principals and assistant principals, and special teachers of said schools. SCHOOL OFFICIALS AND TEACHERS PROHIBITED FROM RECEIVING COMMISSION. § 1529. Misdemeanor to receive commission, fee or reward.] Every county superintendent of schools, deputy thereof, school district directors, clerk, treasurer, principal of a school or teacher therein who shall receive any commis- STATE OF NORTH DAKOTA 107 sions, fee or r ward for or on account of any school books, furniture or other sup- plies purchased during the incumbency of such official, principal or teacher for the use of the school district or school under the supervision of such official, prin- cipal or teacher, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars and not exceeding five hundred dollars and may be removed from his office. STATE LIBRARY COMMISSION. (Session Laws 1915.) § 1531. Commission. By whom composed. Salary of librarian. Abol- ishing commission.] The governor, state superintendent of public instruc- tion, secretary of state, state auditor and the commissioner of agriculture and labor shall constitute the state library commission. The commission shall appoint an executive officer to be known as the secretary of the library commis- sion, who shall receive an annual salary of eighteen hundred dollars per year, who shall have control of the work and shall be the director of the library ex- tension, provided, however, that if this legislative assembly enacts a law cre- ating a board of regents to control all state educational institutions, then this commission shall be abolished and such board of regents shall assume and take over all the duties of the commission as a part of the duties of said board of regents. §404. County board of health. How composed. (Session Laws 1915).] There is hereby established county boards of health, composed of a president, vice-president and superintendent; the state's attorney in each county shall be president of the county board; the county superintendent of schools shall be vice-president, and the board of county commissioners shall at the first meet- ing of the board each year appoint a superintendent of public health for the county, who shab be learned in medicine, and hold a license to practice med- icine and surgery within the state, and the several persons appointed shall hold their offices for one year and until their successors a e elected and qualified. Provided, however, that whenever the state board of health has reason to believe that the county superintendent of public health is failing to perform his duties as prescribed by law they may report the case to the board of county commissioners, and the latter may, after proper hearing, at their next meeting declare the office vacant, and appoint another physician in his place for the remainder of the unexpired term. NON-PARTISAN ELECTIONS. § 907. No party ballots.] In all petitions and affidavits to be filed by or in behalf of any candidate for nomination at any primary election to the offices of state superintendent of public instruction and county superintendents of schools, no reference shall be made to any party ballot or to the party af- filiation of such candidate. § 908. Separate ballots for school nominations.] At all primary elec- tions at which candidates for the offices herein referred to are to be nominated, there shall be separate ballots, which ballots shall be entitled, "Non-partisan school ballot," and the names of such candidates shall be placed thereon with- out party designation, and there shall be designated thereon the number of 10S GENEEAL SCHOOL LAWS persons to be elected to each office. Except as herein provided, this ballot shall be prepared, printed, distributed, canvassed and returned in the manner now provided by law for primary election ballots, and shall be delivered to each elector by the proper election officers and, where there are three or more can- didates for the same office, the two candidates receiving the highest number of votes for such office shall be duly nominated thereto, and where there are only two candidates for the same office, both candidates shall be duly nomi- nated thereto. § 909. Ballots at general election.] At the general election there shall be a separate ballot upon which shall be placed the names of all candidates who have been nominated as herein provided, which ballot shall be entitled "School Ballot," and the names of all such candidates shall be placed thereon without party designation, and there s' all be designated thereon the number of candidates for each office for whom each elector is entitled to vote. Ex- cept as hereinafter provided, this ballot shal be prepared, printed, distributed, canvassed and returned in the manner now provided by law for general elec- tion ballots. This ballot shall be delivered to each elector, and the candidates for each office on such "Non-partisan school ballot" receiving the highest num- ber of votes shall be duly elected to such office. CARE OF BLIND CHILDREN. § 1707. Until there shall have been established by law in this state an in- stitution for the care, maintenance and instruction of blind children under school age the board of control of state institutions shall have power to pro- vide for such care, maintenance and instruction of such children residing in this state in a suitable institution inside or without the state, in any case where by reason of lack of means or other cause, the parent or parents of such children may be unable to properly care for, maintain and instruct them until they reach school age. § 170S. For the purpose of providing such care, maintenance and instruc- tion, the said board of control shall have power to contract with any suitable institution for the care, maintenance and instruction of such children and to provide for their transportation to and from the same. INMATES OF INSTITUTION FOR FEEBLE MINDED. § 1714. Who may receive benefits of school.] All feeble minded per- sons residents of this state, who, in the opinion of the superintendent, are of suitable age and capacity to receive instruction in the Institution for Feeble Minded, and whose defects prevent them from receiving proper training in the public schools of the state, and all idiotic and epileptic persons resident of this state, may be admitted to and receive the benefits of the institution, sub- ject, to payment of the sums hereinafter provided, and to such rules and regula- tions as may be made by the Board of Control; provided, however, that any inmate of such institution shall not be removed therefrom, except upon a writ- ten recpiest of the parent, parents, guardian or custodian of such inmate, which said request must receive the approval of the superintendent before such in- mate can be removed. But any feeble minded person who is offensive to the STATE OF NORTH DAKOTA ln't public peace or to good morals, and who is a proper subject for classification and discipline in the institution, may be committed, on pursuing the same course of legal commitment as govern admissions to the State Hospital for the Insane. Such commitment shall comply with such rules and regulations as may be made by the Hoard of Control, and shall be accompanied by the certificate of indi- gence, as provided in Sections 1717 and 1718 of Compiled Laws of 1913. APPROPRIATION REQUESTS TO BE PRINTED. § 1739. Required of boards.] The boards of trustees of the State Uni- versity at Grand Forks, the Agricultural College at Fargo, the State Normal Schools, the Normal and Industrial School at Ellendale, the Science School at Wahpelon, and the School of Forestry at Bottineau, shall prepare and sub- mit to the state board of education on or before November 15 preceding each biennial session of I lie legislature, in duplicate form, a carefully itemized state- ment of the needs of the institutions under the direction of the above boards for the biennial period. § 1740. Contents of statements.] (a) The statements shall show es- timated receipts for all sources, and the estimated expenditures for maintenance, not including expenditures for buildings and other permanencies for the bien- nial period. (b) The statements shall also show the appropriations necessary for build- ings, other permanencies, such maintenance as is needed over and above esti- mated income, and the specific amounts asked for in the form of appropriations for such purposes. (c) It is further provided that the legislature shall make no appropriations for purposes not presented in the general requests of the institutions at the time required in Section 1739. § 1741. Publication.] Upon receipt of these statements from the boards enumerated in section 1739 of this act the governor shall immediately have the same printed in one pamphlet and distributed to members and members-elecl of the legislature not later than December loth. § 1742. Legislation.] All persons, institutions and educational interests shall so far as possible submit to the state board of education on or before November 15th preceding the assembling of the legislative assembly any de- sired legislation affecting education or amendments to the existing school laws, which, together with any comments on the same that the board of education may care to make, shall be published, and copies thereof presented to the mem- bers of tin- legislature as hereinbefore provided in section 1741 of this ad. REQUIRING STATE INSTITUTIONS TO USE LIGNITE COAL. (Session Laws 1915). § 1828. PUBLIC institutions to use.] The various slate institutions, county buildings and public school houses in this state shall use for fuel, native or lig- nite coal, or lignite coal products, and it shall be unlawful for any officer to purchase lor use in such institutions, county buildings and public schools any coal other than that taken from the mines within the boundaries of (his stale. This section shall no! be construed, however, as prohibiting the use of other coal or wood at such institutions, county buildings and public schools, when 110 GENERAL SCHOOL LAWS the cost thereof does not exceed that of native coal, or the use of coal other than native lignite coal or lignite coal products at such public schools as are located six miles or more from any mine or railroad station within the boundaries of this state; provided, that the comparative cost of such fuel is not greater than that of lignite coal, or lignite coal products. All purchases of lignite coal shall be based upon proposals published in some newspaper published in and having a general circulation in the State of North Dakota and copies of said proposals shall be filed in the office of the secretary of state at Bismarck, N. D., on or about the date thereof and said purchases of lignite coal shall be made from the lowest responsible bidder and shall be based on the following standard contract grade: Two thousand (2,000) pounds shall constitute one (1) ton standard contract grade of lignite coal. Standard contract grade of lignite coal shall contain as delivered thirty-three (33) per cent of moisture as determined at one hundred and five (105) degrees centigrade (c). For actual weight of moisture above thirty-five (35) per cent deduct proportionately the price per ton. Standard contract grade lignite coal, water-free basis, shall contain from ten (10) to fifteen (15) per cent of ash. For each one (1) per cent of ash above fifteen (15) per cent deduct two and one-quarter (2M) per cent of the bid ptice per ton. For each one (1) per cent below the ten (10) per cent add one and three-fifths (1 3-5) per cent of the bid price per ton. Standard contract grade lignite coal shall contain, water-f ee basis, no over two (2) per cent of sulphur. For each one (1) per cent or major fraction thereof above two (2) per cent deduct two (2) per cent of the bid price per ton. Standard contract grade lignite coal shall contain, water-free basis, nine thou- sand five hundred (9500) British Thermal Units (B. T. U.) and the price per ton shall be based upon the number of heat units. When the British Thermal Units (B. T. U.) are in excess of that amount, such excess shall be paid for proportion- ately; and if the contents are less than nine thousand five hundred (9500) British Thermal Units (B. T. U.) then a proportionate amount shall be deducted from the price. The method of ascertaining the above facts shall be- agreed upon between buyer and seller; provided, that any school or institution which does not use to exceed fifty (50) tons of coal in any one year shall not be required to publish for proposals as herein provided. Penalty.] Any board having charge or control of such school or institution which shall purcha e fuel in violation of the provisions of Section 1828, shall be personally liable for the purchase price thereof and such school or institution shall not be liable therefor. Provided, however, that this act shall not apply to country schools or public buildings where no janitor is employed. PROHIBITING PUBLIC DRINKING CUPS. § 2952. The use of public drinking cups on railroad trains, in railroad stations, in the public, parochial, or private schools, and other educational institutions and other public buildings of the state of North Dakota, is hereby prohibited from and after September 1, 1913. § 2953. N person or corporation in charge of any railroad train or station. STATE OF NORTH DAKOTA 111 no school board, board of education, town board of school directors, or board of trustees of any public, parochial, or p ivate school or educational institutions and other public buildings shall furnish any drinking cups for public use, and no person or corporation shall permit upon said railroad trains or in station, or at any said public, parochial, or private school, or educational institution, the com- mon use of drinking cups. § 2954. Whosoever violates the provisions of this act shall be deemed guilty of a misdemeanor and shall be liable to a fine not to exceed twenty-five dollars for each offense. CHAPTER 270 HOUSE BILL No. 175. Village and School Districts May Redeem Bonds. An Act authorizing and directing the board of university and school lands and the state treasurer to allow counties, cities, towns, villages and school districts that have sold their bonds at par to the state, to redeem one or more of said bonds when sufficient funds have accumulated in their sinking und at par with accrued interest. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. That the board of university and school lands and the state treasurer are hereby authorized and directed to allow any county, city, town, village or school district to redeem at any time after two years at par with accrued interest, any bond or bonds which have been sold to the state at par when they have suf- ficient funds accumulated in their sinking funds so to do, on giving sixt days' notice to the sta e treasurer, and thereafter, on like conditions, until all such out- standing bonds have been paid. CHAPTER 165 HOUSE BILL NO 219. Authorizes Cities, Villages, Townships and School Boards to pay Rentals of Halls used for Public Purposes. An Act authorizing and empowering city councils, city commissioners, village trustees, township supervisors and school boards to pay the rentals of halls and auditoriums, when used for public purposes, and to provide by taxation therefor. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. Authorities may pay rental of hall and provide funds therefor by taxation.] The city council, city commission, village trustees, or township supervisors, of any city, village or township, or the school board of any school district, are hereby authorized and empowered to pay the rental of any hall or auditorium whenjthe same shall be used for any public meetings or purpose, and no charge is made for admission thereto, and may annually provide by taxa- tion a sum sufficient for defraying any such expense for rental as they may anti- 112 GENERAL SCHOOL LAWS cipate for the coming year, provided, however, that this act shall not apply to any city where there exists a public hall owned by a municipality, suitable for the purpose. § 2. May pay rental out of other funds until tax is available.] Until such funds so provided shall become available, it shall be lawful for the council or city commission of any city, the trustees of any village, the supervisors of any township, or the school board of any school district, to pay out of funds on hand, not otherwise appropriated or required, such sums as they may deem a fair rental for any hall or auditorium when used for a public meeting as above provided. § 3. Emergency.] Whereas, an emergency exists in that such officials are not now authorized or empowered to pay the rental of any hall or auditorium when used for public purposes, therefore this act shall take effect and be in force from and after its passage and approval. CHAPTER 237 HOUSE BILL No. 361. (Committee on Education.) Board of Regents. An Act creating a board of regents for the state university, the . tate agricultural college, the normal schools, the school of science, the normal and industrial school, the school of forestry, and such state educational institutions as may be hereafter established, to prescribe its powers and duties, to provide for the management and control of the state educational institutions, to provide an appropriation to carry out the purposes of the act, and repealing all acts and parts of acts in conflict or inconsistent therewith. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. State board of regents, institutions under its control.] A board of regents of state educational institutions, to be officially known as the state board of regents, consisting of five members, is hereby created for the general control and administration of the following state educational institutions. 1. The state university and school of mines, at Grand Forks, with their sub- stations. 2. The state agricultural college and experiment station, at Fargo, with their sub-stations. 3. The school of science, at Wahpeton. 4. The state normal schools at Valley City, Mayville and Minot. 5. The normal and industrial school, at Ellendale. G. The school of forestry, at Bottineau. 7. And such other state educational institutions as may be hereafter estab- lished. § 2. Board, how appointed. Qualifications. Term of officf.] The state board of regents shall consist of five members, all of whom shall be qualified electors and tax payers of the state, appointed for their fitness, and ability to efficiently serve the people of the state in such capacity, and one member and not more than two of such board shall be appointed from each congressional district, and not more than one member shall be appointed from any one county. STATE OF NORTH DAKOTA 113 No more than one person who is an alumnus of any of the institutions under the control of such hoard shall be a member thereof at the same time, and any person who has been connected with any of such institutions, either as a member of any normal board of control, or board of trustees, or as an officer or instructor, shall be eligible to appointment as a member of such board within two years after such connection with such institution has been terminated. The governor is empowered, and it is hereby made his duty, on or before the 2nd day of March, A. D. 1915, to nominate, and with the consent of a majority of the members of the senate in executive session, to appoint as such state board of regents two members thereof whose term of office shall be for two yea s com- mencing with the first day of July, A. D. 1915, two members thereof whose term of office shall be for four years commencing with the first day of July, A. D. 1915, and one member thereof whose term of office shall be for six years, commencing with the first day of July, A. D. 1915, and thereafter and during the session of I he legislative assembly, and prior to the 15th day of January in each year in which the term of office of any member >o appointed shall expire, he shall in like manner nominate, and subject to such consent of a majority of the senate, ap- point a successor or successors to such member or members of said board whose term will expire with July 1st, of that year, which said appointee shall hold office for the full term of six years from and after the expiration of the full term of office for which such predecessor or predecessors were appointed. In event any nomination made by the governor to such board is not consented to and confirmed by the senate as hereinbefore provided, the governor shall again nominate a candidate or candidates for such office at any time while the legislative assembly is in session. The members of the board first so appointed shall meet at the seat of govern- ment on the first Tuesday in April, 1915, and shall organize and elect one of their members as president of such board for a term of one year. They shall also elect a competent man as secretary who shall receive not to exceed $2,500.00 per annum, and who shall reside during his term of office in the City of Bismarck. § 3. Removal of member. Vacancy. How filled.] The governor may remove any member of the board so appointed for incompetency, neglect of duty, immorality, malfeasance in office, or for other good cause, and in case of a vacancy in the membership of the board so appointed by the governor or his predecessor in office, whether occurring by reason of removal or otherwise, may declare the office vacant and fill the same by appointment until the convening dl' I he next session of the legislative assembly, when lie shall nominate some qualified person as a member of such board for the balance of such unexpired term and upon the consent of the senate as hereinbefore provided, shall appoint said nominee as a member of such board. § I. Members to take oath. Bond.] Bach member of the board shall take oath and qualify in the manner as provided by Section (301 of the Compiled Laws of North Dakota of 1913, and before entering upon his official duties .shall give an official bond, either personal or surety, in the sum often thousand dollars ($10,000.00) and running to the State of North Dakota, conditioned as provided by law, signed by sureties approved by the governor, and the premium upon such bond, if a surely bond, shall be paid out of the stale treasury, and such bond shall be filed in the office of the secretary of state. 114 GENEEAL SCHOOL LAWS § 5. Compensation of members.] The appointive members of the state board of regents shall receive seven dollars ($7.00) per day and their necessary traveling expenses while attending meetings or in the performance of such special duties as the board may direct. § 6 Office. Office help and supplies.] The board shall be provided with suitable offices in the state capitol building at Bismarck and shall provide necessary office furnishings, books, stationery, printing, postage stamps, and such other supplies as are necessary, and shall employ such clerical assistance as in their opinion is required. § 7. Powers and duties of board.] The state board of regents shall, upon being established as provided herein, assume all the powers and perform all the duties now exercised or performed by the normal board of control and the several boards of trustees of the institutions by this act placed under the control of the state board of regents July 1st, 1915. The existing normal board of con- trol and the boards of trustees of the institutions enumerated in this act, except as hereinafter provided, shall immediately upon the organization of the state board of regents as hereinbefore provided in this act, surrender and transfer to the state board of regents, all duties, rights and powers and immunities granted them under existing laws of this state, together with all property, deeds, records, reports and appurtenances of every kind, now held by the normal board of con- trol and boards of trustees of the institutions enumerated in Section 1 hereof. Such normal board of control and boards of trustees shall thereupon cease to exist, and the state board of regents shall succeed to all the rights, duties, powers and immunities belonging to the normal board of control and boards of trustees and shall assume full control of all property deeds, records, reports and appur- tenances aforesaid, until otherwise prescribed by law. The state board of regents shall make all necessary rules and regulations for its own official procedure and for the efficient management and control of the educational institutions and of their various departments. The state board of regents first appointed shall, as soon as practical after having organized, procure to be made by a competent expert, or experts, from without the state, an educational survey of all institutions under its control for the pur- pose of ascertaining wherein the efficiency of the state educational institutions can be best served and economy in conducting the same best practiced. Upon the completion of such educational survey the state board of regents shall appoint from without the state a state commissioner of education who shall be a graduate of some reputable college or university, who must have made a special study of educational problems, and have had at least three years' exper- ience in educational administrative work. Such commissioner of education shall perform such duties of examination, inspection and visitation as the board may direct, and shall advise the board on all matters pertaining to the curricula, co-ordination and correlating of work in the institutions under the control of such board and he shall make a special study of the particular needs and require- ments of each institution and shall report thereon to the board at such time as they shall direct. Such commissioner of education shall receive a salary of not to exceed five thousand dollars ($5,000.00) per annum, to be fixed by the board, with his actual and necessary traveling expenses while attending meetings of the board and in STATE OF NORTH DAKOTA 115 visitation, inspection and examination of institutions under the control of said board. The state board of regents shall have the power to elect a president and treasurer for each of the said educational institutions, professors, instructors, officers and employees and shall fix the compensation paid them. The board shall act in consultation with the president of each institution, in order the more efficiently to administer to the needs and proper development of each institution in harmony with the best interests of the people of the state, and for the up-building of higher and technical education in North Dakota. The state board of regents shall co-ordinate and correlate the work in the dif- ferent institutions so as to prevent wasteful duplication and to develop co-opera- tion among such institutions in the exchange of instructors and students, and shall fix a tuition to be paid in such institutions or any department thereof when not provided b ■' law. It shall make recommendations in regard to needed legislation for the institutions under its control, and it shall, prior to each meeting of the state legislature and in ample time for due consideration by the legislative assembly, prepare a budget setting forth the financial needs of all state educa- tional institutions under its supervision and control for the period for which an appropriation is made. It shall submit with such budget plans for all betterments and improvements or buildings costing more than five th usand dollars ($5,000.00) for which it may recommend an appropriation. But when an appropriation for any amount has been made, there shall be no expenditure thereof until the board has secured suitable plans and specifications prepared by a competent architect, and accom- panied by a detailed statement of the amount, quality and description of all material and labor required for the completion of said structure; and no plan or plans shall be adopted, and no betterments, improvements or buildings constructed that co template the expenditure of more money for completion than the amount appropriated by the legislature therefor, unless exempted from the piovisions of this section by the act making such appropriation. In no event shall the board direct or permit an expenditure for any purpose in excess of the amount appro- priated by law, or contemplated by the statute, and the members of said board, its officers, and agents, are not subject to the provisions of Sections 9827, 9828, 9829 and 9830 of the Compiled Laws of North Dakota of 1913, but any violation of the provisions of either of the said sections of the code above named by any member of said board, its officers or agents, shall be deemed a misdemeanor and on conviction the offender shall be fined in any sum not less than two hundred dollars ($200.00) nor more than five thousand dollars (|5,000.00) in the discretion of the court, or imprisoned in the county jail not exceeding one year, or by both such fine and imprisonment. This budget shall be transmitted in separate form to the governor and legis- lative assembly at the same time as its biennial report is transmitted as hereafter required. The board shall have general supervision, direction and control of the expenditure of the funds for, or belonging to, or at the disposal of, the various state educational institutions. In order to effect the greatest economy, efficiency, and facility in providing for the needs and work of the various institutions the president of each institu- tion shall submit to the state board of regents, at least once each year, a budget showing the needs and amounts recommended for the work of the various depart- 116 GENERAL SCHOOL LAWS ments of the institutions, and for improvements, repairs, miscellaneous items of maintenance and such other items as shall seem expedient. When this budget has been approved by the board of regents, it shall form the basis of expenditures for the institutions during the period designated and the president of the insti- tution, and the business office thereof, shall conform to this budget in the ex- penditures made for carrying on the work of the institution as provided for in this budget. No change in, or departure from, the expenditures outlined and provided for in the budget, shall be made except when emergency requires, when the approval of such change or departure by the state board of regents must first be had. The state board of regents shall install a system of accounting which shall be uniform as far as practicable, for all the institutions under its control. The board shall submit a biennial report to the governor not later than the first day of September next preceding the legislative session. The report herein required, shall contain a detailed financial statement showing fully the items of income from every source and expenditures of every nature, of the institutions under the control of the board for the period covered by the report. The report first made after the organization of the state board of regents as provided in this act, shall set forth in detail, what has been accomplished by the board in co-ordinating and correlating the work of the several institutions. § 8. Meetings. Quorum.] The board shall hold an annual meeting at its office in the city of Bismarck on the 1st Tuesday in July of each year. It shall hold quarterly meetings, if practicable, at one of the institutions under its control, but only one quarterly meeting shall be held at the same institution in any year. Annual and quarterly meetings may be called by the secretary. Special meet- ings may be held upon the call of the president or upon request of three of the members of the board, at such place and time as the members demanding such meeting request, and a majority of such board shall constitute a quorum. § 9. Itemized statement.] Before any of the expenses of the members of said board, any officer, or agent, thereof, or before any expenses incurred by others under the direction of the board, or the expenses of any officer or any employee of any institution under the charge of the board, shall be paid, a minutely item- ized statement of every item of expenditure shall be presented to the proper authority duly verified, which verification shall aver that the expense bill is just, accurate and true and is claimed for cash expenditures, or cash disbursements, truly and accurately made, or payment thereof shall not be made. The expense bills of the members of the board, the secretary and its other employees, when so verified, shall be presented to the state auditing board for their written audit, before payment is made. The salaries and such actual expenses of the board, and the secretary and other officers, and the salaries of employees, shall be paid monthly by the state treasurer, upon the warrant of the state auditor. § 10. Appropriation.] There is hereby appropriated out of any funds in the state treasury not otherwise appropriated the sum of eighteen thousand dollars ($18,000.00) annually, or as much thereof as may be necessary to carry out the provisions of this act. § 11. Repeal.] Existing laws relating to the institutions referred to in this act, which are not inconsistent with the provisions of this act shall remain in full force, and all acts or parts of acts in conflict with or inconsistent with this act are hereby repealed. STATE OF NORTH DAKOTA 117 § 12. Emergency.] Whereas, an emergency exists in this, that this act is deemed of immediate importance in order that the board hereby created may be in a position to take full control of such institutions on July 1st, A. D. 1915, therefore this act shall be in full force and effect on and after its passage and approval. CHAPTER 138 HOUSE BILL No. 8. School Boards May Lease Buildings for School Purposes. An Act to provide for and regulate the leasing of school rooms and school build- ings and equipment by boards of education of special school districts in certain cases, and to provide for the levying of taxes therefor. Be it Enacted by the Legislative A sembhj of the State of North Dakota: § 1. Power to lease buildings.] Whenever any board of education of any special school district, not having funds or credit available for construction or purchase, shall determine by resolution that additional school buildings or school rooms are necessary, and that it will be to the advantage of or for the best interests of the school district to rent such school buildings or school rooms and equipment, instead of buying or constructing the same, it may enter into a con- tract or lease for a term not to exceed twenty years, for the use of such building or buildings, to be constructed, rearranged and equipped for the use of the district, at a quarterly, semi-annual or annual rental to be stated therein. § 2. Plans and specifications.] In all cases wherein it shall appear that the annual rental of such rooms, building or buildings will exceed the sum of Three Hundred Dollars, the said board of education must first prepare or cause to be prepared, plans and specifications of such proposed school building or rooms to be approved by the city board of health, and the state superintendent of public instruction, and shall prepare or cause to be prepared the form or substance of I he lease or contract to be entered into, and shall file copies of such proposed plans and specifications and lease or contract in the office of the clerk of the board of education, and at such other places as the board may by resolution designate. Such lease or contract shall include or provide an option or privilege on the pari of the district to purchase, at a stipulated price, the property at any time during the term thereof in the manner provided by law for the purchase or erection of school buildings. § 3. Advertise foe Bros.] It shall then be the duly of the clerk of the board of education to advertise in not less than one, or more than three newspapers within such special school district, not less than once each week for three successive weeks, for bids for the construction, remodeling, providing or furnishing of such building or rooms and equipment, the advertisement to state where the plans and specifications and proposed lease may be inspected and the time and place where and the conditions under which the bids will be received and opened, and the bids to specify the rate or rental per annum for which the bidder will supply the required rooms or building and equipment, and enter into the required con- tract. The board may reserve the righl to accept or reject bids, ami to require bidders to furnish bonds to insure their entering into the required contract and performing I he same. 118 GENES AL SCHOOL LAWS § 4. Tax levy.] At the time of opening such bids, or at any subsequent meeting within three months thereafter, the board may accept the bid or bids appearing most advantageous to the district, and may enter into a contract as hereinbefore provided, for the providing of such building or rooms and equip- ment, and the rental and use thereof by the district. It shall then be the duty of the board forthwith, to levy a special tax against all the taxable property of the district, for a sufficient sum annually for the full term of such lease or contract, to cover the annual rental therein provided for, and such tax shall be certified, entered and collected in the same manner as taxes to meet bond issues, and shall not be diverted or used for any other purpose, nor be subject to revo- cation nor rescission while said contract is in force and effect. If such contract be terminated prior to the end of the term for which such tax levy is made, then it shall be the duty of the board to revoke or rescind such tax levy and to certify such rescission to the county auditor who will thereupon cancel the same for the unexpired term. W^^ j § 5. Legal construction.] The contracting for the payment of future annual rental of such school rooms, or school building and equipment shall not be construed as creating an indebtedness on the part of the district, nor as in- creasing any pre-existing indebtedness, nor operate to prevent the district at any future time from using its limit of credit under the constitution to the same extent as if no such lease or contract were made. § 6. Election.] In case there should be filed with the clerk of the board of education, at any time prior to the opening of bids, or within ten days thereafter, a protest signed by not less than one-fourth of the legal voters of the district, protesting against the accepting of any bid, or the entering into any such con- tract, then it shall be the duty of the board to call and hold a special election upon the notice and in the manner provided by law for elections upon the ques- tion of issuing bonds, and shall submit to the qualified electors the question of approving or disapproving the making of such contract, and if a majority of the electors voting at such election shall vote against the making of such contract, then no further proceedings shall be had for the same purpose until at some sub- sequent election a majority of the electors voting shall have signified their approval of the same. § 7. Emergency.] Whereas, an emergency exists, in that in order for the benefits of this act to accrue to any such school district in time for the opening of the next ensuing school year, it should become operative at once; therefore, this act shall take effect immediately upon its passage and approval. CHAPTER 142 HOUSE BILL No. 471. (Lathrop Committee.) Tuition to be Paid for Attendance at any Model School at State Institution. An Act requiring the payment of tuition for attendance at any model high or graded or elementary school which is operated, maintained or in any manner connected with the state university, any normal school or any educational institution of higher learning. STATE OF NORTH DAKOTA 119 Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. That all students attending any model high, graded or elementary school which is operated, maintained or in any manner connected with the state university, any normal school, publicly maintained educational institution of higher learning in this state in which model, high, graded or elementary school members of the faculty or student body of such university, normal school or insti- tution of higher learning teach there shall be paid by the school district in which said pupils reside to said institution as tuition for such attendance as follows: Not less than two and one-half dollars per month of actual membership per pupil in such model high school and not less than two dollars per month of actual mem- bership per pupil in any such graded, or elementary school, provided, however, that such tuition is payable at the close of each term or semester. § 2. All acts or parts of acts in conflict herewith are hereby repealed. CHAPTER 254 HOUSE BILL No. 122. Limits Increase of Tax Levy and Salaries. An Act to limit tax levies during the years 1915 and 1916, to restrict debt limits, and to regulate salaries of officers and the rights and duties of officials now dependent upon assessed valuation. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. Limit of levies in counties, cities, school districts, etc.] The board of county commissioners of any county, or any county officer, any town- ship board, or any township officer, any village board, or any village officer, any city council or city commission, park board, or board of education of any city, or any officer thereof, or the officers of any school district, or any other taxing district, or any officer thereof, that is authorized, or whose duty it may be, under the laws of the state, to fix or make any levy on the assessed valuation of property for the purposes of any taxation, shall not during the years 1915 and 1916 levy any amount for purposes of taxation that will exceed by more than five per cent for the year 1915, and ten per cent for the year 1916, the amount that such board or officer was authorized to levy on the assessed valuation of 1914. Any of the aforesaid officers, whose duty it may be under existing laws to levy taxes at a certain rate in mills, or fraction thereof, shall not levy during the years 1915 and 1916 at any rate that will produce revenue in excess of 105 per cent and 110 per cent, respectively, of that which would be produced by the levy of the pre- scribed rate upon the assessed valuation of 1914; provided, however, that nothing in this section shall be construed to prevent the raising of revenue to meet ex- penses which may be authorized to be incurred under laws passed by the Four- teenth Legislative Assembly. § 2. Salaries.] No salary of any official now determined by the amount of the assessed valuation of property within any political sub-division shall be increased during the years 1915 and 1916, or prior to July 1st, 1917, beyond the amount now authorized on the basis of assessed valuation for the year 1914. § 3. Authority, rights and duties based on assessed valuation.] When 120 GENERAL SCHOOL LAWS under the laws of this state the duty of any official to levy taxes, or the right, duty, or authority of any person to perform any act is conditioned upon the assessed valuation of the property within any political sub-division, the rights, duties and authority as now fixed and established under the assessed valuation of the property within such political sub-division for the year 1914, shall not be in any manner changed or modified during the years 1915 and 1916, or prior to July 1st, 1917, except when the addition of 5 per cent and ten per cent for the years 1915 and 1916, respectively, to the assessed valuation for the year 1914 would be sufficient to vest such authority, right or duty, under existing laws. § 4. Debt limit.] The debt limit of any political sub-division within this state shall not be increased prior to July 1st, A. D. 1917, more than ten per cent annually, above that now fixed by law upon a basis of the assessed valuation of the property within such political sub-division for the year 1914. § 5, Repeal.] All acts or parts of acts in conflict herewith are hereby re- pealed. § 6. Emergency.] Whereas an emergency exists in that the salary of cer- tain officials, and other matters covered in the foregoing act, are based upon the assessed valuation of property, therefore, this act shall take effect and be in force from and after its passage and approval. CHAPTER 137 » SENATE BILL NO. 171. Fire Drill and Guards for" Public Schools. An Act requiring fire drills in the public schools, providing for fire guards, and prescribing penalties for the violation thereof. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. Duties of teachers and superintendents.] It shall be the duty of all teachers in the public schools of this state where any school has more than one room, to give at least two fire drills each month, and no such teacher shall draw his salary for any month until he has certified to the clerk of the school board that such fire drills have been given; provided, that in districts having a super- intendent, such superintendent shall prescribe rules governing such fire drills for the schools under his supervision, and he shall not draw his salary until he shall have certified to the clerk of the school board or the secretary of the board of education that at least two such fire drills have been given in each school under his supervision, as provided for in this act. § 2. Duty of county superintendent.] It shall be the duty of the county superintendent of schools to prescribe reasonable rules for giving fire drills in the rural schools of his county, with special reference to prairie fires, and any school board may direct that no teacher shall draw his salary until one fire drill each month shall have been given. § 3. Fire guards.] It shall be the duty of every school board in this state to provide such fire guards as they may deem reasonable around schools in their districts. Should any school board fail or neglect to provide such fire guards, it shall be the duty of the county superintendent of schools to notify such school board of such failure, and it shall be a misdemeanor for any member of such school board, after being so notified, to draw his salary until such guards have been made. STATE OF NORTH DAKOTA' 121 CHAPTER 145 SENATE BILL No. 59. Providing Uniform Text Books. An Act to provide uniformity of school textbooks in each of the common, inde- pendent and special school districts; to regulate the sale and price of same; to provide for selection, adoption, and contract by common school district boards and boards of education of independent and special school districts, and the sale of same through purchasing agents of such boards, or the purchase direct of such boards and sale at cost or loan free of expense to pupils. Be if Enacted by the Legislative Assembly of the State of North Dakota: § 1 . Before any person, firm, company or corporation shall offer for selection, adoption, contract, sale or exchange any school textbook or book for use in the schools of the State of North Dakota, such person, firm, company or corporation shall comply with the following conditions: 1 . File a copy of such school textbook or book for use in the schools of the state in the office of the state superintendent of public instruction with a sworn state- ment of the published list price; the lowest wholesale price; and the lowest ex- change price; based upon three and five year contract periods, at which said school textbook or book is sold or exchanged for an old book in the same subject of like grade and kind but a different series, to any school board, school corpora- tion, or school commission anywhere in the United States. 2. File with the state superintendent -of public instruction a bond running to the Slate of North Dakota, with a responsible surety company authorized to do business in the State of North Dakota as surety thereon in the penal sum to be determined by the state superintendent of public instruction but not less than I wo thousand dollars nor more than ten thousand dollars conditioned as fol- lows: (a) That any book listed in said statement and in any other statement sub- sequently tiled by said person, firm, company or corporation shall be supplied by the publisher to any school district or any school corporation in the State of North Dakota at the price and terms contained in said statement. (b) That such price and terms so filed are to be reduced automatically in North Dakota whenever reductions are made by the publisher elsewhere in the United Stales so that at no time shall any book so filed and listed be sold lo district school boards, boards of education or to their authorized purchasing agents at a higher price than is received for such book by the publisher elsewhere in the United States. (e) That all text books offered for sale, adoption, contract or exchange by the publisher in the Slate of North Dakota shall be equal in quality to those deposited in the office of the stale superintendent of public instruction as regards paper, binding, printing, illustrations, subject mailer, and all particulars that may effect the value of such textbooks. (d) That in case an abridged or special edition of any book shall be prepared the person, firm, company or corporation manufacturing the same shall sell such special edition to district school boards, boards of education of North Dakota 122 GENERAL SCHOOL LAWS or to their authorized purchasing agents at the'same wholesale price at which the book is so d elsewhere. (e) That no person, firm, company or corporation filing their books in North Dakota under the provisions of this act shall enter into any understanding, agreement or combination to control prices or restrict competition in the sale of school textbooks. § 2. Such bond shall be approved by the attorney general and upon such approval, said person, firm, company or corporation shall be licensed by the state superintendent of public instruction to sell the book or books so filed in the State of North Dakota. § 3. It shall be the duty of the state superintendent of public instruction to have printed and distributed to the clerks of district school boards, secre- taries of boards of education of independent and special school districts and county superintendents of schools within six (6) months after this act takes effect, a complete list of books filed with his department giving the prices and terms of same; and the state superintendent of public instruction shall have printed and distributed annually thereafter a supplementary list of textbooks with prices and terms filed during the year, and all books used in the public schools of the State of North Dakota may be selected, adopted, and contracted for from said list by district school boards and boards of education, and books so designated and contracted for shall be used exclusively for three (3) or five (5) years during which time such books shall not be changed; provided, however, this shall not prevent school boards from using other supplementary books. § 4. If in any case any person, firm, company, or corporation, shall supply any district school board, board of education or purchasing agent of same, books inferior to the samples on file with the state superintendent of public instruc- tion, or charge a higher price than was filed or than the same are sold elsewhere in the United States, then it shall be the duty of the county superintendent on written complaint filed with him by the school board of such a district to in- form the state superintendent of public instruction of the failure of said per- son, firm, company or corporation to comply with the terms of his filing. The state superintendent of public instruction shall thereupon notify the said per- son, firm, company or corporation of said complaint, and if said person, firm, company or corporation shall disregard the notification and fail to comply with the terms of agreement filed with the state superintendent, then the bond of said person, firm, company or corporation shall be forfeited, and the attorney general shall upon written request of the state superintendent of public in- struction proceed to collect the full amount of said bond. § 5. No person, firm, company or corporation shall secure or attempt to secure the adoption, selection, contract or sale of any school textbook in this state by rewarding or promising to reward any teacher in any school in the state. No person, firm, company or corporation shall offer or give emolument money or any valuable thing, promise or work, or any other inducement to any teacher or school officer in any school district for any vote or promise of vote or for his influence for any schoolbook to be used in this state; provided, that nothing in this section shall be construed to prevent any person, firm, company, or cor- poration from giving, or any school officer or teacher from receiving a reason- able number of sample schoolbooks for examination with the view of obtain- ing information as to the textbook or series of books from which said officer STATE OF NORTH DAKOTA 123 shall give his vote; provided, further, that any school officer or teacher receiv- ing for examination sample books, shall after such examination deliver such samples to the clerk of the school district and such books shall then become the property of the district. § 6. Boards of education and district school boards are hereby authorized and shall have the power to appoint agents or dealers to purchase, handle and sell the books which have been selected and contracted for, and it shall be un- lawful for any dealer or for any purchasing agent of any school district to sell any books to pupils of the district listed with the state superintendent of pub- lic instruction as hereinbefore provided at a price to exceed 15 per cent advance on the net cost of the book as listed with the department of public instruction and as named in the contract with the school district; provided, that to the selling price as above determined be added the net cost of transportation. § 7. School districts are hereby authorized to purchase textbooks from the publisher at prices and terms listed with the state superintendent of public in- struction and to sell said books to the pupils at said cost prices or at such prices as will include the cost of transportation and cost of handling. District school boards and boards of education shall have the authority and are authorized to purchase all necessary books for indigent pupils and pay for same out of the funds of the district, and to loan same free of expense to such pupils. The dis- trict school board or board of education shall purchase all books necessary for the use of teachers in conducting the work in the schools of the district where such teachers are employed and such books shall be paid for out of the funds of the district and be held as the property of the district. § 8. When a family removes from a school district, where free textbooks are not provided, the school board of the district from which the family removes may purchase out of the funds of the district, the textbooks in actual use by the children of such family at a fair price based upon the cost of the books and upon the condition of same; the books so purchased may be resold to other children in said district. § 9. When the district school board or board of education of any district deems it advisable, said board may provide for the free use of school textbooks by the pupils of their school or schools, or whenever five or more legal voters of a common school district or 10 per cent of the legal voters of a consolidated, special or independent school district shall petition the board to submit to such district the question of providing free textbooks to pupils attending such schools, it shall be the duty of such board to submit same to the legal voters of such dis- trict. ' Such questions may be submitted to a special meeting or at any annual meeting provided fourteen days' notice is given thereof and by posting said notice on the schoolhouse or schoolhouses of such district and in such other public place or places as the district school board or board of education deems advisable, and in all cases the notice of such meeting shall call attention to the fact that such question will be submitted, and in case of a majority of the legal voters of such district present and voting at such meeting are in favor of % such free textbooks, it shall be the duty of the board to provide the same. All books purc'ased by school boards, as herein provided shall be held as the property of the district and loaned to pupils of the district while pursuing a course of study therein, free of charge; but the school board shall hold such pupils responsible 124 GENEEAL SCHOOL LAWS for any damage to, or loss of, or failure to return such books at the time and to the person that may be designated by the board of such district. § 10. Any person, firm, company or corporation violating any provision of this act shall on conviction thereof be punished by fine not to exceed five hun- dred dollars, or by imprisonment not to exceed three months, or by both such fine and imprisonment at the discretion of the court. | 11. All acts or parts of acts inconsistent herewith are hereby repealed. CHAPTER 128 SENATE BILL No. 127 County Aid to Rural, Graded and Consolidated Schools. An Act to provide for county aid to rural, graded and consolidated schools. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. Petition. Election.] Whenever a petition, signed by qualified elect- ors of the county equal in number to ten per centum of the votes cast in the county for the candidates of all parties for the office of governor at the last pre- ceding general election, is presented to the board of county commissioners at least forty days prior to any general election praying that a tax be levied upon all taxable property in the county for the purpose of providing county aid to rural, graded and consolidated schools, the board o county commissioners shall submit such question to the people of the county at the next succeeding general election. Such question shall appear upon the ballot in the following form: For county aid to rural, graded and consolidated schools [ Against county aid to rural, graded and consolidated schools [ If a majority of the electors voting upon the proposition be in favor of grant- ing such aid, the county commissioners shall levy a tax of not to exceed one mill on each dollar of assessed valuation of all taxable property in the county. § 2. Apportionment of tax.] The moneys derived from the tax so levied shall be apportioned among the rural, graded and consolidated schools of the county in the same manner as the moneys received from the state are now ap- portioned among such schools. When making the apportionment among the schools, the board of county commissioners shall consult with the county super- intendent of schools and it shall be his duty to assist the board of county commis- sioners in making the apportionment' of said moneys in the manner herein pro- vided, v § 3. Emergency.] Whereas, an emergency exists in that no provision is made by law for county aid to rural, graded and consolidated schools, therefore, this act shall take effect and be in force from and after its passage and approval. INDEX Section Page ACCOUNTS— County treasurer to keep, with school corporations. . . . 1220 33 Form of, for district treasurer 1218 32, 33 ACTIONS— Drought in the name of the state 1414. . 80 Compulsory attendance law, for violation of 1345 63 District treasurer failing to pay over money 1352 65 State's attorney to prosecute for non-attendance 1345 63 Who may institute, on school treasurer's bond 1171 22 ACTS LEGALIZED— Indebtedness and warrants legalized 1421 81 Must be within debt limit ....1422 82 Pending actions not affected 1422 82 Refunding bonds legalized 1421 81 ADDITIONAL SCHOOL TIME— When additional time may be granted 1191 27 ADJACENT TERRITORY— I low attached to common school district 1142 15 To special district 1240 38 ADVERTISING— Proposals for building school house 1340 61, 62 For depository of school funds 1474 97 AGE— Compulsory attendance 1342 62 Deaf and feeble-minded, compulsory attendance. .*... .1342 62 Required for elementary cerl ificate 1360, 1361 66 For professional certificate 1362 66 AGRICULTURAL DEPARTMENTS IX HIGH schools Appropriation for agriculture in schools 1433 84, 85 For each of five schools 14)53 si, S.i I nst ruction offered in agricultural schools 1434 85 Limited to one in county 1435 "86 National aid, to receive share 1435 85, 86 Other subjects beside agriculture 1434 85 Requirements to receive benefits of the act 1434 85 Schools eligible to benefits of the act 1 135 85, 86 A 1 1 ), ( 'OUNTY— To consolidated, graded and rural schools, except high schools . 1 124 Flection upon petition 1 124 Limit of tax 1 124 Tax, how apportioned 2 124 126 INDEX Section Page aid, state- to consolidated schools 1446 89 To graded schools 1445 89 To high schools 1433 85 To high schools having agricultural departments 1433 85 To rural schools 1445 89 ANNEXATION— County commissioners may annex territory 1142 15 To a special district 1240 38 APPEALS— Applicant for certificate may appeal, how 1371 69 Prom decision of county superintendent 1132 13 Practice, state superintendent shall prescribe 1110 10 State superintendent decides appeals 1110 10 APPORTIONMENT— Basis of, tuition funds 1208, 1217 30, 32 County tuition fund by county superintendent 1225 35 State tuition fund, by county superintendent. . . .1131, 1217 13, 32 State superintendent apportions when 1210 30 Withheld, when 1214, 1216 31, 32 APPROPRIATIONS— Consolidated schools, aid for . 1446 89 Educational institutions, state 1418 80 Graded and rural schools, aid for 1445 89 Institute fund, state appropriation 1392 73 Schools having departments of agriculture 1433 85 State board of regents 10 116 State high school as aid 1433 85 APPEOPEIATIONS, REQUESTS FOR— Certain institutions to submit 1739 109 Publication of statements, how 1741 109 Statements to contain, what 1740 109 ARBITRATION— (See Board of Arbitration) Board constituted .' 1327 57, 58 Debts and assets determined by 1321 56 Divides property of the districts concerned 1328 58 ASSESSORS— County superintendents to furnish maps 1129 13 ASSESSMENTS— (See Taxes) ASSOCIATIONS— County teachers' association 1125 12, 13 State association, proceedings to be published 1119 11, 12 Teachers may attend 1401 76 ATTENDANCE— Compulsory age for 1342 62 Length of time pupil must attend 1342 62 Penalty for failure to comply with the law 1344 63 Prosecution for failure to obey law 1345 63, 64 Who are exempt from compulsory attendance 1342 62, 63 INDEX 12i Section Page BALLOTS— Form of, for election on bonds 1333 59 For formation of special district 1233 37 For consolidation of schools 1190 27 For special districts 1265 44 To divide and form special district 1233 37 School, non-partisan 907 107 No party ballots 907 107 Same at general election 909 108 School nominations on separate .ballots 908 107, 108 BANKS— Designated as depositories 1473 97 In special districts 1277 46, 47 To furnish monthly statements 1483 99 BIBLE— Not a sectarian book, teacher may read 1388 73 BLANKS— Distributed by county superintendent 1125 12 Prepared by superintendent of public instruction 1108 10 BLIND AND DEFECTIVE— Care of blind children 1707-8 108 Care of feeble minded persona 1714 108, 109 Enumeration of, by school board 1195 28 BLTND CHILDEEN, CAEE OF— Board of control has power 1707-8 108 Children under school age 1707 108 BOAED OF ADJUSTEES— How composed, and duties 1228 35, 36 BOAED OF AEBITEATION— Appointment of members of board 1327 57, 58 Duties of such board 1328 58 Members of the board 1327 57, 58 Taxes levied by, to pay award 1328-1329 58 Collection of taxes so levied 1330 58 BOAED OF EDUCATION— (See Common School District Board) (See topic under Special District and Independent District) BOAED OF EDUCATION IN CEETAIN CITIES— Arbitration on change of boundaries 1321 56 Assets, how determined 1321 56 Debts determined, how 1321 56 Elected at large 1315 : 55 Election, how conducted 1317 56 Independent organizations, abolished, how 1319 56, Old school officers hold over 1 320 56 Eelatives not eligible as teachers 1318 56 Term of office of board members 1316 56 BOAED OF EXAMINEES— (See State Board of Education) 128 INDEX Section Page BOARD OF HEALTH— County ' 1186, 404 25, 107 BOARD OF INSPECTION— Who constitutes, and duties of board 1186 25 BOARD OF REGENTS— (See State Board of Regents) BOARD OF UNIVERSITY AND SCHOOL LANDS— May redeem bonds (Chapter 270, Laws 1915) 1 ill BONDS— Of special district (see under Special District) Of independent district (see under Independent District) BONDS OF COMMON SCHOOL DISTRICTS— Bonds, denomination of 1334 59 Building contracts let on bids 1340 61, 62 Cancelled bonds recorded 1339 61 Certificate of county auditor required 1335 60 County auditor may levy tax, when 1338 61 Depository of sinking fund 1336 60, 61 How selected 1336 60, 61 Election for issue of bonds 1332 58, 59 Ballot for election for bonds 1333 59 Called on petition only 1333 59 Notice of election on bonds 1333 59 Not to be resubmitted in the same year 1333 59 Form of bonds 1335 59, 60 How issued ' 1332 58, 59 Issued for previous indebtedness, may be 1341 62 Limit of bond issue 1334 59 Negotiated, how 1337 '. . 61 Purpose of bond issue 1332 58, 59 Rate of interest 1334 59 Record of bonds to be kept 1335 59, 60 Redeemed, when and how 1 Ill Register of bonds 1335 60 Sinking fund for payment of bonds ■. . .1336.' 60, 61 Statement from district officers 1335 59, 60 Tax levy for sinking fund and interest 133.6 60 Treasurer exempt from liability, when 1336 61 BONDS, OFFICIAL— Action on school treasurer 's bond 1171 22 Bank must give bond as depository 1475 97, 98 City treasurer as treasurer of independent district. . . .1305 53 Contractor, for building, must give bond 1340 61, 62 Members state board of regents 4 113 School treasurer 's bond 1165 20, 21 Additional bond required, when 1166 21 Surety bond, and premium, how paid 1167 21 Treasurer of special school district gives bond 1256 42 Where bonds are filed 1171 22 BOOKS— Free text books 1397 75 List for libraries, furnished by whom 1108 10 Text books approved by state superintendent 1397 75 Uniform text books (Chapter 145) 1-11 121, 124 [NDEX 129 Section Page BOUNDARIES— County commissioners may rearrange 1147 16, 17 . How changed 1146 16 By annexation of part of town 1143 15, 16 New districts receive what boundaries 1147 16, 17 Of independent school districts 1289 49 Of special district, how changed 1 240 38 BEANCHES OF STUDY— (See Studies) CENSUS, SCHOOL— Enumeration, taken when and how 1195 28 In independent districts 1304 53 In special districts 1251 (15) 41 Beport sent to whom 1196 28 CERTIFICATES— Accredited work 1368 68 Appeal of applicants 1371 69 Diplomas accredited, state institutions 1365 67 Accredited other institutions 1366 68 Disposition of fees for examination 1377 70 Examination by county superintendent 1370 69 Fees for certificates 1376 70 Grades of certificates 1359 . . v 66 First grade elementary certificate 1361 66 First grade professional certificate 1363 67 Second grade elementary certificate 1360 66 Second grade professional certificate 1362 66, 67 High school diplomas accredited, when 1369 68, 69 Issued by state board of education 1358 65, 66 Other diplomas accredited 1366 68 Papers kept on file, how long 1371 69 Permits issued when, and to whom 1367 68 Pupils from agricultural schools, standings of 1465 95 Qualifications of teachers 1372 69 Recorded in the office of county superintendent 1372 69 Re-examination of papers, when 1371 69 Revoked, when 1374 69, 70 How revoked 1375 70 Teacher entitled to hearing 1375 70 Special certificates 1364 67 Subjects in which to be examined 77 5 Teacher must hold certificate to teach 1373 69 When revocable 1374 69, 70 CHILD LABOR— Age when unlawful to employ children Mud 77 Employmenl certificate, what to contain 1408 78 Issued on what evidence 1407 78 Must be exhibited, to whom L405 77 Must be kepi on file L405 77 Who may issue certificates l t06 77 Employments prohibited 1112 79 Evidence of age furnished L405 77 Hours of labor for employment of child 1410 78, 79 Inspection id' places id' work 1111 79 Lists of children employed must he posted 1405 77 130 INDEX CHILD LABOE (Continued)— Section Page Lists accessible, to whom 1405 77 Peace officer to inspect 1411 79 Penalty for violating provisions of this act 1413 79, .80 Prosecutions, how brought 1414 80 Qualifications of the child for certificate 1407 78 School record of child shall contain, what . .1409 78 CITY COUNCIL— Ordinances as to property of independent district. . . .1314 55 CITY TEEASUEEE— In special districts is treasurer 1254 41 Is treasurer of independent district 1304 53 Moneys of district paid to, when 1303-4 52, 53 CLEEK OF SCHOOL DISTEICT— (See District Clerk) COAL— Use of lignite required 1828 109, 110 COMMISSIONS OE BEWAEDS— Not to be received by any school officer 1529 106, 107 COMMON SCHOOL DISTEICT— Apportionment forfeited, when 1216 31, 32 Attached to other districts, when 1142 15 Bonds (See Bonds Common School District) Boundaries changed, how 1146 16 General changes -. 1147 16, 17 Conditions on which organized 1141 15 Consolidated, when and how 1190 27 Contracts of, irregular ratified 1150 17 County commissioners, duties of 1146-47 16, 17 County treasurer, accounts with 1220 33, 34 Divided, when by natural object 1142 15 Division to form special district 1230-35 36, 37 Each district a corporation 1140 15 Election of officers 1151-59 17, 19 See Election of Officers in Common School Districts) Election on bonds (See Bonds of Common School District) Having no school board, indebtedness how paid 1228 35, 36 Irregularities legalized 1150 17 May acquire and dispose of property 1140 15 May sue and be sued 1140 15 Name of district 1145 16 New districts, how formed 1147 16, 17 In adjacent counties 1147 16, 17 Public notice, how given 1148 17 Not entitled to tuition fund, when 1214, 1216 31, 32 Numbers of 1145 16 Old numbers retained 1145 16 Officers in a new district 1151 17, 18 Petition for organization 1141 15 Plats prepared by county auditor 1149 17 Schools shall be free and accessible 1343 63 Small territory attached to adjacent district 1144 16 Territory in two counties, how divided 1142 15 Town or village divided by county line 1143 15, 16 What constitutes a common school district 1140 15 What territory may be organized in a school district. .1141 15 INDEX 131 COMMON SCHOOL DISTRICT BOARD- Section Page Action on treasurer 's bond 1171 22 Additional branches of study . 1181 24 Additional school time 1191 27 Annual report 1197 28 Annual settlement with treasurer 1218 32 Arranges school term 1189 26 Bonds, may purchase outstanding 1336 60 Eedeemed, how (Chapter 270, Laws 1915) 1 Ill Branches of study, additional 1181 24 Cancellation of paid bonds 1339 61 Census shall be taken, and how taken 1195 28 Of defectives, to whom sent 1196 28 Clerk of school board 1160 20 Annual report 1197 28 Compensation of clerk 1164 20 Duties of clerk 1164 20 Vacancy in office of clerk 1325 57 Compensation of regular officers 1162 20 Special attendance school officers meetings 1162 20 Consolidation of schools 1190 27 Contracts, members not to be interested in 1349 64 Course of study and additional branches 1181 74 Depositories, may designate 1473 97 District high school, may establish 1192 27 Adjacent districts may join 1194 27 Length of term .' 1193 27 Drinking cups, public use of prohibited 2953 110, 111 Duties of president 1163 20 Clerk 1164 20 Employ and dismiss teachers 1178 23, 24 Equalization of indebtedness 1327 57, 58 Establishes schools 1174 22 Exits for buildings required 1200 29 Fences, to provide when 1205 29 Fire escapes, must provide 1201 29 Duty of what officers 1202 29 Penalty for neglect of duty 1203 29 Fixes length of school term 1189 26 Free text books, may furnish 1397 75 When and how provided 1398 75 (See also Chapter 145, Laws 1915 s * 121, 124 Funds, treasurer pays out, when 1168 21 Furniture and apparatus, board must provide 1176 23 General powers of the board 1173 22 Government and discipline, may prescribe rules 1180 24 Grades, salaries of teachers 1178 23, 24 Hitching posts, must provide 1207 30 Health and decency, duty in regard to 1403 76 How constituted 1161 20 Indebtedness equalized 1327 57, 58 Kindergarten, may establish, when 1402 76 Length of school year fixed by board 1189 26 Library, making provision for 1176 23 Care of library 1177 23 Expenditure for library purposes limited 1176 23 May appoint librarian 1177 23 Limit salary of clerk 1164 20 Salary of treasurer 11 72 22 132 INDEX COMMON SCHOOL DISTRICT BOARD (Continued) Section Page Meetings, regular and special 1162 20 New school for remote pupils 1188 26 Oath of office 1159 19 Oath and bonds filed with clerk 1171 22 Organization of the board 1160 20 Physical education, make provision for 1390 73 Powers of board, general 1173 23 Specific, of board .,1174-1189 22, 26 President, duties of 1163 20 Proposals for building school house 1340 61, 62 Pupils from other districts, may admit, when 1179 24 Assigns and transfers pupils 1179 24 Conveying and transportation of pupils 1190 27 Prom unorganized territory 1179 24 Rules of discipline for pupils 1180 24 Suspends and expels pupils for cause 1180 24 When sent to another district, how „ 1179 24 Purchase of site for school house. hoAV 1187 26 Quorum 1161 20 Records open to inspection 1198 28 Must be kept in English 1199 28, 29 Remote pupils, new school for 1188 26 Rental public buildings, paid, when (Chapter 165) .... Ill, 112 Repairs, fuel and supplies, to furnish 1175 23 Report on library facts 1177 23 School house site, how obtained 1187 26 Area of school house site 1187 26 Title to same 1187 26 School house and site, new, how determined 1184 25 Must be kept in proper condition 1186 25, 26 Plans, how obtained 1185 25 Special election, how called 1185 25 School house used for other purposes 1183 24, 25 Under what restrictions 1183 25 Schools established for remote pupils, how 1188 26 Shall receive no commission 1529 106, 107 Penalty for violation 1529 107 Speculation in office prohibited 1349 64 Stables in rural districts 1207 29 Tax levy made by board 1182, 1222 24, 34 For sinking fund and interest 1336 60, 61 Limit of, when increased 1182 24 Notice to county auditor 1182 24 Teachers, employ and dismiss 1178 23, 24 Grade, salaries of 1178 23, 24 Terms of school, how fixed 1189 26 When discontinued 1189 26 Text books, free, powers of board 1397 75 Treasurer, additional bond, when 1166 21 Bond of treasurer 1165 20, 21 How approved 1165 21 Premium, how paid 1167 21 Surety bond accepted 1167 21 Pays on warrants only 1168 21 Report of treasurer 1218 32, 33 Salary of treasurer 1172 22 Vacancy in office of treasurer, when 1165 20, 21 Warrants endorsed, when 1169 21 INDEX 133 COMMON SCHOOL DISTRICT BOARD (Continued) Section Page Warrants must specify purpose of issue 1170 22 Trees, duty of board to plant 1204 29 Funds for tree planting 1206 29 Truant officer, board may employ, when 1345 64 Vacancies, how filled 1324 57 Warrants, by whom signed 1168 21 Shall draw interest, rate 1169 21, 22 What to specify 1170 22 When to be endorsed by treasurer 1169 21, 22 What constitutes the board 1161 20 COMPULSORY EDUCATION— Age for compulsory attendance 1342 62 County superintendent helps to enforce 1345 63, 64 Defective children sent where 1342 62 Distance of compulsory attendance 1342 63 Exceptions in compulsory education (five) 1342 62, 63 Exempt for religious duty, when (Paragraph 5) 1342 63 Medical inspection permitted 1346 64 Penalty for neglect 1344 63 Prosecution for neglect 1345 63, 64 CONDUCTOR— Institute conductor appointed by whom 1392 73, 74 CONSOLIDATED SCHOOL— Defined 1190 27 Entitled to state aid 1446 89 How to secure county aid 1 124 CONSOLIDATION OF SCHOOLS— Arrangements made by school board 1190 27 Election to vote on consolidation 1190 27 Conduct of election 1190 27 Distance for compulsory attendance 1342 63 CONSTITUTIONAL PROVISIONS— Applying to education and schools (Article VIII) 9 CONSTRUCTION OF SCHOOL BUILDINGS— Approval of plans by whom 1489 100 Construction of school house 1490 100 Ceilings 1490 * 100 Cleanliness 1490 101 Heating 1490 100 Light 1490 100 Ventilation 1490 100 Exits, kind of 1490 100 Grievances, how adjusted 1 492 1 o 1 Heating pipes, where placed 149.3 101 Inspector, state superintendent made such 1489 100 Method of inspection 1492 101 Sanitary requirements 1490 100, 101 Specifications must guarantee, what 1 494 101 Toilet rooms, construction of 1491 101 Ventilating flues, kind of 1493 101 Violations, penalty for 1494 101 CONTRACTORS— Must give bond for building 1340 62 134 INDEX GONTEACTS— Section Page Advertise for bids for letting 1340 62 How let by board in special district 1259 43 Officers not to be interested in 1349 64 In independent district not interested in 1294 50 Of irregular district ratified 1150 17 Proposals for contract 1340 62 Teacher's contract must be in writing 1178 23, 24 Is void, when 1374 69, 70 CONVEYANCE— Of real estate in independent district 1310 54 COEPOEATION— Each district a corporation 1140 15 COUNTY AGEICULTUEAL AND TEAINING SCHOOLS— Acts legalized 1471 96 Admission on non-residents 1462 94 Application to establish school, sent where 1463 94 Statement to accompany application 1463 94 Board of trustees created 1458 92 Appointed by county commissioners 1458 92 Bond to be given by 1459 93 Builds school, when 1461 94 Consists of what members 1458 92 County superintendent a member ex-officio 1458 92 No compensation to members 1459 93 Oath of member of board of trustees 1459 93 Term of office of appointed members 1458 92 Vacancies, how filled 1458 92 Certificate of completion of course given 1465 95 Limited, when 1465 95 Has value of second grade certificate, when 1465 95 Certificates of indebtedness may be issued, when 1455 91, 92 Cost of maintenance borne by county and state 1456 92 County school, how established 1455 91, 92 Construction of buildings 1455 91, 92 Election to be held 1455 91, 92 Issue of certificate of indebtedness 1455 91, 92 Tax to be levied and amount 1455 91, 92 County treasurer is treasurer of board of trustees 1457 92 Is treasurer of united school 1468 96 Donations of site and money may be received 1461 94 Elections legalized 1471 96 Fund created by the state 1469 96 Inspection of agricultural schools 1460 93, 94 Levy for state fund for agricultural schools 1470 96 Proceedings legalized 1471 96 Qualifications of teachers in agricultural schools 1460 93, 94 Eeport of secretary to state superintendent 1464 94, 95 Schools free to. residents of the county 1462 94 Site, how secured 1461 94 Standings accepted by certificating officers 1465 95 State agricultural school board constituted (See State Board of Education) State aid, how secured 1464 94, 95 Two or more counties may unite to establish school . . 1466 95 Taxation for union school 1467 95, 96 Treasurer for union school 1468 96 Warrant for state appropriation, drawn when 1464 94, 95 INDEX 135 COUNTY AID— Section Page To consolidated, graded and rural schools (Chapter 128) 124 Election upon petition 1 124 Limit of tax 1 124 Tax, how apportioned 2 1 24 COUNTY AUDITOR— Certificate required on bonds issued 1335 59, 60 Draws warrant for institute fund, when 1391 7:! Extends levy of independent district 1301 52 Levies tax to pay bonds, when 1338 til To furnish school district plats 1149 17 COUNTY BOARD OF HEALTH— How composed 404 L07 COUNTY COMMISSIONERS— Appoint county superintendent in case of vacancy .... 1323 57 Appoint trustees of agricultural schools 1458 92 Forms new school district, when 1147 16, 17 Call election for agricultural school 1455 91 May establish agricultural school 1455 91 Levy of tax for such school 1456 92 May re-arrange boundaries of school districts 1146 16 county officials- No commission or reward, shall receive 1529 106, 107 Penalty for violation 1529 107 COUNTY SUPERINTENDENT OF SCHOOLS— Absence from the county 1139 14, 15 Action on district treasurer 's bond 1171 22 Administer oaths, power to 1133 13, 14 Apportions the tuition fund 1131 13 Application for aid to rural and graded schools 1443 88 Advises and directs teachers 1124 12 Blanks, distributes to school officers 1125 12 Calls election on special district 1231 36 Carries into effect instructions of state superintendent. 1125 12 Certified statement of number of schools, files 1394 74 Compulsory education, duties in enforcing 1345 63 Consults state superintendent about institutes 1393 74 Convenes teachers for instruction 1125 12, 13 County superintendents' meetings, to attend 1111 10 Decides questions of school law 1132 13 Deputies, may appoint 1136 14 Salaries of deputies 1136 14 Distributes blanks to school officers 1125 12 Duties of 1123-25 12 Election of 1121 12 Ballot at general election 909 108 No party affiliation 907 L07 No party ballots 907 in? Separate ballots, school nomination 908 107, 108 Two candidates nominated, how 908 108 Elections, duty in first election in common district. . .1152 18 Formation of special district 1231-32, 1236 36, 37 As to result of election 1234 37 Enumeration sent to whom 1195 28 Examines teachers for certificates 1370 69 J 36 INDEX Section Page COUNTY SUPERINTENDENT OP SCHOOLS (Continued)— Expenses 1137 14 Pills vacancies in district offices 1324 57 Furnishes assessors with maps of districts 1129 13 General duties 1123-25 12, 13 Carry out instructions from state superintendent. .1125 12, 13 Distribution of blanks ■ 1125 12 Hold teachers' meetings 1125 12, 13 Shall visit schools 1124 12 Institute fund, how created 1391 73 Statement of institute fund 1391 73 Instructs officers in record keeping 1126 13 Lists of officers to be filed 1130 13 May organize teachers' training school, how 1393 74 Medical inspection, duty to aid in 1346 64 Meeting of superintendents, to attend 1111 10 Member board of trustees agricultural school 1458 92 Member County Board of Health 404. 107 Mileage of superintendent and deputies 1137 14 Notify district treasurer of apportionment 1217 32 Oaths, may administer, when 1133 13, 14 Office, stationery, etc 1138 14 Officers' meetings, annual 1127 13 For record keeping, special 1126 13 Plats and maps furnished to assessors 1129 13 Preserve documents 1128 13 Qualifications of county superintendent 1122 12 Record of official acts 1128 13 Record of visits 1124 12 Report to the state superintendent 1135 14 Reports delinquent teachers, when 1134 14 Salary 1137 14 School law, decides questions 6f . .- 1132 13 Seal of county superintendent 1128 13 Shall not absent himself from the county 1139 14, 15 Shall not engage in other occupation 1139 14, 15 Shall receive no commission 1529 106, 107 Penalty for violation .1529 107 Special districts, calls election to form 1231 36 Supervises common schools 1123 12 Teachers, advises 1124 12 Convenes for instruction 1125 12, 13 Teachers ' institute, gives notice of 1385 72 Term of office 1121 12 Vacancies in office filled by !". 1324 57 Vacancies in office of, how filled 1323 57 Visits and inspects schools 1124 12 Withholds county tuition fund, when 1214-16 31, 32 COUNTY TREASURER— Acting district treasurer, when 1165 21 Is treasurer of county agricultural school 1457 92 Keeps accounts with school corporations 1220 33 Negotiates bonds, when _ 1337 61 Notifies clerk when money drawn 1219 33 On equalization board, when 1327 58 COURSE OP STUDY— For common schools prescribed 1 109 10 INDEX 137 CREDIT GIVEN— Section Page For reading circle work 1396 74 From agricultural schools 1465 95 On diplomas of higher education 1365-66 67, 68 On high school diplomas 1369 68 On normal diplomas 1365-66 67, 68 On standings of summer schools, etc 1368 68 CURATIVE ACTS— Indebtedness and warrants legalized 1421 81 Previously organized districts declared legal 1150. 17 Refunding bonds — legalized 1421 81 DEBT LIMIT— Bonds and other indebtedness 1334 59 ■ Must not be exceeded by certain bonds 1422 82 Not to be increased more than ten per cent, prior to July 1st, 1917 (Chapter 254) 4 120 DECENCY AND HEALTH— Provisions for 1403 76 DEFECTIVES— Compulsory education of 1342 62 DEPOSITORIES— Additional bond required, when 1475 97, 98 Advertising for proposals 1474 97 Approval of bond of depository 1475 97, 98 Board designates depository 1473 97 Bond approved by district judge, when 1475 97, 98 Bonds of depository 1475 97, 98 Checks, how signed 1 484 99 Depositories chosen, how 1473 97 Equal bids, duty of the board 1476 98 Equal balances in two or more banks 1477 98 Exceptions to the law 1487 100 Funds deposited, in whose name 1481 99 Funds to be deposited 1472 97 Highest bid to be accepted 1475 97, 98 How time depository selected 1479 98, 99 Interest credited, when ' 1483 99 Maximum rate of interest to be paid 1480 99 Minimum amount to require deposit 1487 100 Monthly statement must be furnished by bank 1483 99 Penalty for violation of this law 1482 99 Proposals for deposit of funds 1474 97 Treasurer exempt from liability when deposit made.. I486 99, 100 Violation of law a misdemeanor . . . 1488 100 When bids not required 1485 99 When time deposits may be made 1478 98 Where there is one bank or no bank 1485 . 99 DEPOSITORY OF SINKING FUND— How chosen and report 1336 60, 61 DEPOSITORY, SPECIAL DISTRICT— For sinking fund, how chosen 1277 (2) 46 DEPUTIES— County superintendent may appoint, salary of 1136 14 State superintendent may appoint 1120 12 13* LNDEX DISCONTINUANCE— Section Page Of school term, when 1189 26 DISTEICT CLEEK— Appointment of, by board 1160 20 Compensation and duties 1164 20 Duty as to bonds 1335-1339 59, 61 False reports, penalty for 1354 65 Notify county auditor of tax levy 1222 34 Notice of election of officers, to give 1158 19 Vacancy, sent to whom 1324 ....'. 57 Post notice of election 1155 18, 19 Eecords open to public 1198 28 Shall receive no commission 1529 106, 107 Tax levy, notice to county auditor 1182 24 Vacancy, how filled 1325 57 DISTEICT HIGH SCHOOL— How established and controlled 1192 27 Adjacent districts may join 1194 27, 28 Length of term in district high school 1193 27 DEILLS, FIEE (Chapter 137) — County superintendent ta prescribe rules in rural schools 2 120 Salary withheld 1-2 120 Superintendent (city) to prescribe rules 1 120 Teachers shall give 1 120 Twice each month all public schools 1 120 DRINKING CUPS— Public use of, prohibited in schools of any kind 2952 110 School boards shall not furnish 2953 110, 111 School boards shall not permit 2953. . : . . . 110, 111 Violation, penalty for 2954 Ill DUTIES OF TEACHERS— Assignment of studies 1387 72, 73 Bible, reading of 1388 73 Branches to be taught 1383 71, 72 Certificate, must have 1380 71 Certificate, must be recorded 1372 69 Certificate, or permit, to whom granted 1372 69 May be revoked for cause 1374 69, 70 Contract must be in writing 1178 23, 24 When void 1372 69 Delinquent teachers, reported by whom 1134 14 Examination for certificate 1370 69 Dates of examination " 1370 69 Excused from attendance at institute, when 1385 72 Grades pupils 1387 72, 73 Holidays, what are 1382 71 Humane treatment of animals, must teach 1384 72 Institute and training school, must attend 1385 72 Instruction concerninng nature of alcoholic drinks and narcotics must be given 75-76 5 Kindergarten teacher must hold certificate 1402 76 May suspend pupil, duty in such case 1386 72 Must hold certificate 1380 71 Moral instruction, must be given 1389 73 No compensation, when 1380 71 INDEX J 39 DUTIES OF TEACHEES (Continued)— Section Page Notice of opening and closing school 1379 71 Penalty for failure to attend institute 1385 72 Physical education, instruction in, must be given. . . .1390 73 Qualifications of teachers 1372 69 Eeceive no commissions 1529 106, 107 Ee-examination of papers, when 1371 69 Eegister, what to contain 1381 71 Eelatives of the board may teach, when 1173 22 Eeport to county superintendent 1381 71 School year and school week defined 1382 71 Superintendent of city school supervises 1378 70, 71 Wages held back, when 1 381 71 Writing must be taught 1451 91 EDUCATIONAL ASSOCIATION— Proceedings to be published 1119 11, 12 Teachers and superintendents may attend 1401 76 ELECTION OF OFFICEES IN COMMON SCHOOL DISTEICT— Canvass of votes 1157 19 Certificate of election 1158 19 Conduct of election 1157 19 Date of election 1151 17 Election officers 1156 19 Vacancy, how filled 1156 19 First election called by county superintendent 1152 18 Election officers '. 1151 17, 18 Notice of election 1155 18 Posted fourteen days 1 155 18, 19 Oath of election officers 1156 19 School officers 1159 19 Officers to be elected 1151 17, 18 At first election 1151 17, 18 Who may be officers 1153 18 Polling places, how established 1152 18 Polls open, hours of election 1154 18 Tie, how determined 1157 19 Voters, who are 1153 18 ELECTION OF STATE AND COUNTY SUPEE1NTENDENTS, NON- PARTISAN— Ballot at general election 909 108 No party affiliation 907 107 No party ballot 907 107 Separate ballot, school nomination 908 107, 108 Two candidates nominated, how 908 108 ELECTIONS— By secret ballot 129 9 Build or remove school house 1185-1188 25, 26 Certain cities, school officers, how elected 1315 55 Consolidation of schools 1190 27 County agricultural schools, to establish 1455 91 District high school, to establish 1192 27 First election in new district 1 152 18 First officers in new special district 1244 39 Independent district, to create 1 286 48 Officers of common school district (See Election of Officers in Common School Districts 140 INDEX ELECTIONS (Continued)— Section Page Officers of independent school district (See under Independent School District) Officers of special district (See under Special District) Question of conveying pupils 1190 27 School houses and sites, to determine 1184. . . . ." 25 Special district, to form 1231, 1236, 1243 36, 37, 39 ELECTION FOR BONDS— Bonds of common school district, to issue 1332 58 Ballot for election on bonds 1333 59 Called only on petition 1333 59 Notice of election on bonds 1333 59 Bonds for special district, election of 1272-1274 45, 46 ELIGIBILITY— To hold office or vote 1153 18 EMBEZZLEMENT— Use of school funds is, when 1351 64, 65 EMINENT DOMAIN— Exercise of, for school site 1187 26 EMPLOYMENT CERTIFICATES— Contents of certificates 1408 78 Must be kept on file and accessible 1405 77 On what issued 1407 78 "Who may issue 1406 77 ENABLING ACT— Provisions for education (Article 8) 9 ENGLISH LANGUAGE— Must be the medium of instruction 1199 28 Records must be kept in 1199 28 ENUMERATION— (See Census) EQUALIZATION OF INDEBTEDNESS— Arbitration board constituted 1327 57, 58 Maximum tax levy for equalization 1329 58 For all purposes 1331 58 On change of boundaries 1237 37 Property to be considered 1327 57, 58 Tax levied to equalize 1328 58 Proceeds of tax turned over to district 1330 58 Special district must equalize on change of bound- ary 1237, 1240 37, 38 Special district by special act must equalize 1321 56 EVIDENCE— Clerk 's record of transcript is, when 1250 40 EXAMINATION— (See Certificates) EXPENDITURES— Must not exceed revenues (Independent District) .... 1308 54 INDEX 141 FEDERAL LAND GRANTS— Section Page Sixteenth and thirty-sixth sections 10 6 Minimum price, $10.00 per acre 11 6 Five per centum proceeds sale public lands 13 6 90,000 acres to Agricultural College 16 6 500,000 acres to other institutions 17 7 FEEBLE MINDED— Care of feeble minded persons 1714 108, 109 Compulsory education of 1 342 62 Enumeration of Ily5 28 FEES— For teachers ' certificates 1 376 70 FINES AND PENALTIES— Compulsory attendance, failure to comply 1344 63 Contracts without advertising for bids 1356 65 County superintendent or deputy for receiving com- mission 1529 106, 107 Disturbing school 1 355 65 Embezzlement of funds 1351 64, 65 Failure to comply with sanitary orders 1494 101 Failure to endorse unpaid warrants 1353 65 Failure to install fire escapes 1203 29 False election returns 1348 64 Neglect of duty 1347 64 Removing school furniture 1183 25 Speculation in office 1 349 64 Teacher not attending institute 1385 72 Unlawful drawing of school money 1350 64 Unlawful use of school funds 1351 64, 65 Violation of law of depositories 1482, 148.8 99, 100 Violation of sanitary provisions 1494 101 Wilful disturbance of school 1355 65 Without advertising for bids 1 3,56 65 FIRE DRILLS— (See under Drills) FIRE ESCAPES— Duty of what officers to provide 1202 29 Penalty for neglect of duty 1203 29 Required on what school houses 1201 29 fire guards- Sim' under ( luards) FLAGS— To be provided for schools 1400 75 When to be displayed 1 100 75 FRANCHISE— Elective ( Article V) 8-9 PR EE KINDIOPGARTENS— May be established, how 1402 76 FJKEE PUBLIC SCHOOLS— What are 1415 80 142 INDEX FREE TEXT BOOKS— Section Page Contract for what length of time 1397 '. . . 75 How and when furnished 1398 75 May be furnished 1397 75 Price lists and samples must be filed 1397 75 (See Provisions Uniform Text Book Act, Chapter 145, pages 121-124) FUNDING INDEBTEDNESS— Certain cases legalized 1421 81 GOVERNOR— Appoints certain members of state board of educa- tion 1423-24 82 Members, board of regents .■ 2 112, 113 Report of board of regents made to 7 116 State superintendent made to 1116 11 GUARDS, FIRE— Duty of county superintendent 3 120 Duty of school board to provide 3 120 Penalty for violation 3 120 HEALTH AND DECENCY— Duty of school officers 1403 76 HIGH SCHOOL AID— Appropriation for aid to high schools 1433 85 Amount paid to each school 1433 84, 85 Application for aid sent to board 1433 84 Appropriation limited 1433 84, 85 Department of agriculture, etc., maintained 1434 85 National and state aid 1435 85 Number of such schools 1433 84, 85 One school in county 1435 85, 86 Requirements for such departments 1434 85 Expenses of examinations, how paid 1436. 86 High school board (State board of education) 1427-30 82, 83 Inspector of high schools appointed, how 1429, 1433 83, 84 Duties of 1433 84, 85 Qualifications of 1433 84 Report of, annual 1438 86 Salary and expenses of 1433 84 Schools classified, what 1431 83 Requirements for 1432 84 Use of aid from state appropriation 1433 84, 85 HIGH SCHOOL— Board of education to establish and maintain. . . .1251 (3) 40 District (See District High School) HITCHING POSTS—' School board must provide 1207 29, 30 HOLIDAYS— Certain holidays to be observed 1382 71 No school to be taught on 1382 71 What are holidays 1382 71 ILLITERACY— Legislature to take steps to prevent 151 9 INDEX 143 IMPEOVEMENT OF SCHOOL GROUNDS— Section Page Amount to be expended annually 1206 29 Fences constructed, when 1205 29 Tree planting 1204 29 INDEBTEDNESS— Bonds to pay outstanding, may be issued 1332 58, 59 Equalization of 1327 57, 58 By board of education 1237, 1260 37, 43 Indebtedness declared legal 1421 81 Bonds may be issued, when 1421 81 Pending action not affected 1422 82 INDEPENDENT SCHOOL DISTRICT— Authority to issue bonds • 1303 52 Board of education constituted 1290-1293 49, 50 Corporate powers 1293 50 Election of 1290 49 Conduct of election 1291 49 Date of election 1291 49 General powers of board 1297 50, 51 May admit non-resident pupils 1300 52 May sue and be sued 1293 50 Meetings of the board 1295 50 Organization of board 1293 50 Powers of the board 1298 51 Responsibility of the board 1294 50 Secretary of the baord 1296 50 Vacancies, how filled 1292 49, 50 Visiting schools 1299 52 Bond of treasurer 1305 53 Bonds, may issue 1303 52 May redeem, when and how (Chapter 270) Ill Boundaries of the district 1289 49 City council to pass certain ordinances 1314 55 Debts of old district assumed 1312 55 Drinking cups, public use of, prohibited 2953 110, 111 Election to create independent district 1286 48 Ballots, form of 1288 48, 49 Canvass of votes 1288 48, 49 Notice of election 1287 48 Election of members of the board 1290 49 Expenditures not to exceed revenues 1308 54 Flags to be provided and displayed 1400 75, 76 Free text books, may furnish, when and how 1397-8 75 Funds, how kept and paid out 1306. . 53 Health and decency, duty as to 1403 76 How organized 1286 48 Independent by special act abolished, how 1319 56 Investment of sinking fund, how 1307 53, 54 Kindergarten, may establish 1402 76 Name of independent district 1289 49 Penalties credited to board of education 1314 55 Property, title to 1309 54 Real property, title conveyed, how 1310 54 Refusal of member elect to serve, forfeit 1313 55 Rental public building, paid when (Chapter 165) .... Ill, 112 Report of treasurer, what to contain 1311 54, 55 Superintendent and teachers, etc., to attend Educa- tional Association 1401 76 144 INDEX l INDEPENDENT SCHOOL DISTRICT (Continued)- Section Page Taxes, levied and collected 1301 52 Tax limit 1302 52 Text books, free, may furnish 1397-8 75 Treasurer, who is 1304 53 Vacancy in the board, how filled 1292 49, 50 Visit schools, members must 1299 52 INDEPENDENT SCHOOL ORGANIZATION— Formed by special act may be abolished, how 1319 56 INSPECTION— Of school buildings, board of, constituted, how 1186 25, 26 INSPECTOR— Of high schools, how appointed 1429, 1433 83, 84 Of rural and graded schools, how appointed. . . .1429, 1444 83, 88 INSTITUTES AND ASSOCIATIONS— Appropriation for state institute fund 1392 73, 74 How used 1392 73, 74 Conductors and assistants, appointed by whom 1392 73, 74 County institute fund, how created 1391, 1394 73, 74 County superintendent, statement of institute expenses. 1391 73 Annual statement of institute fund 1391 73 Expenses of conductors, etc., how paid 1395 74 Lecturers and instructors, how appointed 1392 73, 74 Statement of number of schools, filed by whom 1394 74 State superintendent appoints officers of institutes. . . .1392 73, 74 INSTITUTE FUND— Appropriation from the state 1392 73 Certificate fees in county fund 1391 73 From county general revenue fund 1394 74 How fund is used 1393-5 .' 74 INSTITUTE FOR FEEBLE MINDED— Certain persons committed 1714 109 Who may receive benefits 1714 108, 109 INSTITUTIONS, STATE EDUCATIONAL— ' Maintenance of 1416 80 Moneys from land endowment, paid over, when 1420 81 Moneys, how appropriated 1419 80, 81 Part of free public school system 1415 80 Taxes, how apportioned 1418 80 INTEREST— Unpaid warrants draw interest 1169 21, 22 KINDERGARTEN S— May be established, how and when 1402 76 Supported, how 1402 76 Teachers must hold certificate 1402 76 LIBRARY— Care of library and report 1177 23 List of books furnished by state superintendent 1108 10 School board shall appropriate money for library. . . .1176 23 LIBRARY COMMISSION— State 1531 107 INDEX 145 LIGNITE COAL (Use of, Laws 19] 5) Section Page In county buildings 1828 1 09, 1 10 In public schools 1828 109, 110 In state institutions 1828 109, 110 Penalty 1828 110 Standards fixed 1828 109, 110 Use, when excepted 1828 109, 110 MAINTENANCE— Of higher educational institutions . . 1416-20 80, 81 maintain school- How long to be in session 1189 26 How long for aid as graded school 1441 87 For aid as rural school 1442 87, 88 MEDICAL INSPECTION— County and city superintendent co-operate 1346 04 Exceptions, when 1346 64 Indigent children to receive treatment 1346 64 Notice of defects sent parents 1346 64 Provided for in schools 1346 04 Rural schools grouped for inspection 1346 64 School boards may employ medical inspectors 1346 64 Shall employ when petitioned 1346 64 MISDEMEANOR— Failure to endorse unpaid warrant 1353 65 For county officer to receive commission 1529 106, 107 Letting contract without bids 1356 65 Unlawful drawing of school money 1350 64 Speculation in office 1349 64 Violation of depository law 1482, 1488 99, 100 MODEL SCHOOL— Students shall pay tuition (Chapter 142) 118, 119 MONEY— How apportioned 1418 80 Tax in lieu of one mill 1416 80 When paid to institution treasurer 1420 81 MORALS— Instruction in morals must be given 1389 73 MORTGAGES— ' Investment in by special district 1277(4) 47 Satisfaction of by special district 1278 47 NARCOTICS— Nature and effects must be taught 75, 1383 5, 71 72 NONPARTISAN ELECTIONS, COUNTY AND STATE SUPERINTKN DENTS— Ballot at general election 909 108 No party affiliation 907 107 No party ballot 907 107 Separate ballots school nomination .' 90S in?. L08 Two candidates, nominated, how 90S ins NON-R LSI | ) ENT PU 1 '1LS— School board must admit to schools 1 179 24 Special district may admit 1251 ( 14) II 146 INDEX NOEMAL SCHOOLS— Section Page Diplomas accredited 1365-6 67, 68 Tuition charged in model school (Chapter 142) 118, 119 NOETH DAKOTA EDUCATIONAL ASSOCIATION— Board may allow teachers to attend 1401 76 Proceedings to be published 1119 11, 12 Teacher may attend meeting without loss of pay 1401 76 NUMBEE OF SCHOOLS— Statement by county superintendent 1394 74 OATH OF OFFICE— Member of board of education 1270 45 State board of regents 4 113 Of election officers 1156 19 Of school director 1159 19 OFFICEBS— Annual meeting of school officers 1126 13 Of common school district 1151, 1161 17, 18, 20 Terms of (See Terms of Office) OFFICIAL BONDS— (See Bonds, Official) ONE MILL TAX— ( Bepealed ) Fixed amount levied in lieu of 1416-18 80 PENALTIES— (See Fines and Penalties) PENSIONS, TEACHEES'— (See Teachers' Insurance and Eetirement Fund) PEEMITS— Fees to be deposited when issued 1376 70 Granted to whom and when 1367 68 PETITIONS— For bonding common school district 1333 59 For establishing county agricultural school 1455 91 For formation of special district 1231 36 PHYSICAL EDUCATION— Instruction in, required 1390 73 PHYSIOLOGY AND HYGIENE— Instruction to be given in 1383 71, 72 POLL TAX— County auditor to levy 1224 35 PEESIDENT OF SCHOOL BOAED— (See Common School District Board) PEOPEETY— Hidependent district may take as gift 1309 54 PEOPOSALS— For building school house on bids 1340 61, 62 PEOSECUTIONS— (See Actions) INDEX 147 PUBLIC MORALS— Section Page To be taught by teacher 1389 73 PUPILS— Board may expel for cause ., 1180 24 Graded, by whom 1387 72, 73 In high schools must select course 1452 91 Must review certain subjects 1453 91 Teacher may suspend 1386 72 QUALIFICATIONS— County superintendent and deputies 1122, 1136 12, 14 High school inspector 1433 84 Members board of regents 2 112, 113 Rural school inspector 1444 88 State superintendent 1105 10 Teachers for aided schools 1441-2 87, 88 Teachers for certificates 1360-3, 1372 66, 67, 69 REAL ESTATE— Common school districts, sites, how obtained 1187 26 Independent district, how conveyed 1310 54 Special district, how conveyed 1242 38, 39 READING CIRCLE— Board constituted (State Board of Education) 1423 82 Credit for work of 1396 74 Maintenance of 1377 70 REGENTS— (See State Board of Regents) REPEAL— Of one mill tax 1419 SI REPORTS— Board of education of special district 1251 (13) 41 Board of regents 7 116 Census, reported to whom and when 1195 28 City treasurer 's report 1311 54, 55 Clerk of school district 1197 28 County superintendent 1135 14 Defectives, reported to whom 1196 28 Superintendent of public instruction 1116 11 Teacher's report at close of school 1381 71 Treasurer of common school district 1218 32, 33 (See Treasurer under Independent and Special Districts) Trustees, teachers' insurance fund 1502 102, 103 RURAL SCHOOL AID— Advancement of schools from class to class 1448 90 Aid obtained, by what schools 1 44n 86, 87 Aid to consolidated schools 1446 89 Amount of apportionment to schools 1445 89 Amount of appropriation for each class of schools. . . 1450 90 Application for aid made to whom 1443 88 Apportionment to each school 1445 89 Classes of consolidated schools, two 1 446 89 Graded schools, two 1441 87 Rural schools, two 1442 87, 88 148 INDEX RURAL SCHOOL AID (Continued)— Section Page Conditions required for graded schools 1441 87 For rural schools 1442 87, 88 Consolidated schools may obtain aid 1446 89 What are consolidated schools 1446 89 County aid, how obtained 1 124 Inspection by superintendent of public instruction. .1444 88, 89 Inspector of rural and graded schools 1444 88, 89 Purpose of state aid 1439 86 Records kept by state superintendent 1447 89, 90 Report on aided schools by state superintendent 1449 90 Schools entitled to aid, what are 1440 86, 87 SALARY— County superintendent 1137 14 Not to be increased 1915-16 or prior to July 1, 1917, (Chapter 254) 119 Deputies county superintendent 1136 14 SALARY (Continued) — Rural and graded school inspector 1444 88, 89 High school inspector 1433 84 Secretary board of regents 2 113 State board of education 1426 82 State commissioner of education 7 114, 115 State superintendent 1120 12 Teacher's salary to be graded by board 1178 25 SCHOOL BOARD— (See Common School District Board) SCHOOL BONDS— (See Bonds of Common School District) SCHOOL DISTRICT— (See Common School District) SCHOOL FUNDS— Accounts, how kept 1218 32 Annual settlement 1218 32, 33 Comity treasurer keeps accounts with districts 1220 33, 34 Collects school taxes 1221 34 County tuition fund, apportioned how 1225 35 Levied, how 1224 35 Withheld, when 1214, 1216 31, 32 Deposit in depository releases treasurer 1486 99 District funds controlled by treasurer 1213 31 Embezzlement of funds, what is 1351 64, 65 Funds defined 1212 30, 31 Kept separate 1211 30 How paid out 1168 21 Institute fund, how created 1391 73 Appropriation by state for 1392 73 Paid out, how, and for what 1393 74 Investment (See Investment Sinking Fund under dif- ferent districts) Must be deposited, when 1487 100 (See Depositories) Publication treasurer's report 1218 32, 33 INDKX 14!) SCHOOL FUNDS (Continued)— Section Page State tuition fund, apportionment 1208 30 Apportioned by county superintendent 1217 32 County treasurer reports 1209 30 Defined 1212 30, 31 Excess, how used 1212 31 Funds kept separate 1211 30 How raised 1208 30 How used 1212 31 New districts entitled to 1215 31 Paid out by district treasurer 1213 31 Reverts to original fund, when 1216 31, 32 State auditor, duty of 1210 30 Warrants drawn on state treasurer 1210 30 Unlawful drawing of funds, penalty for 1350 64 When county treasurer pays district treasurer 1219 33 Withheld when enumeration not taken 1214 31 By county superintendent, when 1214 31 For failure to maintain school 1216 31, 32 SCHOOL HOUSES AND SITES— Approval of plans by whom 1489 100 Board of inspection, inspects school house, when.... 1186 25 Bonds for building school house 1332 58, 59 Building plans inspected by whom 1489 100 Construction of school houses 1490 100 Ceilings 1490 100 . Cleanliness 1490 101 Heating 1490 100 Light 1490 100 Ventilation 1490 100 Contracts, how let 1 .".40 61, 62 Election to be called, when 11 85 25 Exits, kind of 1490 100 Grievances to be adjusted 1492 101 House to be kept clean 1490 101 How determined 1184 25 May be used for other purposes 1183 24, 25 Method of inspection of buildings 1492 101 Penalty for violation 1494 101 Plans, consult with whom 1489 100 Approved by whom 1489 100 Furnished by state superintendent 1185 25 Must show what 1490 100 Prepared how and by whom 11 85 25 Proposals for building school houses 1340 61, 62 Specifications for, must guarantee 1494 101 Toilet rooms, how constructed 1 49 1 1 01 Two-thirds vote necessary to remove school house. . . .1185 25 Ventilating lines and construction demanded 14ft:i 101 SCHOOL LANDS— Reserved by national government 88 5 SCHOOL LAWS— To be printed by state superintendent Ills 11 SCHOOL MONTH— Defined 1 382 71 150 INDEX SCHOOL OFFICERS— Section Page May be removed by court 1326 57 (See under Different Districts) SCHOOL SITES— Bonds for purchase of 1332 58, 59 How obtained 1187, 1461 26, 94 Selected by election 1185 25 New school for remote pupils 1188 L'6 Reversion to original owner, when 1187 26 SCHOOL TAXES— (See Taxes) SCHOOL TERM— Increase on petition 1191 27 Length, and how fixed 1189 26 Minimum length of term 1189 26 To share in funds 1216 31, 32 Special districts, length of term 1251 (1) 40 When term discontinued 1189 26 SCHOOL TREASURER— Accounts, how kept 1218 32 Settlement, when 1218 32 Action on bond 1171 22 Additional bond, when required 1166 21 Bond of treasurer 1165 20, 21 Premium on 1167 21 Bonds of district negotiated, how 1337 61 County treasurer to pay funds, to whom 1219 33 Deposit in depository releases from liability 1486 99 Embezzlement of funds, what is 1351 54, 65 Endorsement of unpaid warrants 1169 21, 22 False reports, penalty for 1354 65 Funds, how paid out 1168 21 Liability ceases with deposit 1486 99 Notice to drawee of unpaid warrants 1169 22 Records open to the public 1213 33 Reports, form of, triplicate 1218 32 False reports, penalty for 1354 b5 Salary of treasurer 1172 22 Surety bond 1167 21 Unlawful drawing of money, penalty for 1350 64 Warrants unpaid to be endorsed 1169 21, 22 Penalty for failure to endorse 1353 65 Notice to drawee when funds to pay 1169 22 When county treasurer pays funds to 1219 33 SCHOOL WEEK— Denned 1382 71 SCHOOL YEAR— Defined 1382 71 SCHOOLS— Shall be free and accessible 1343 63 SCHOOLS, PUBLIC— Bible, not to be excluded from 1388 73 Close for teachers' institute 1385 72 Course of study 1383 71, 72 INDEX 151 SCHOOLS, PUBLIC (Continued)— Section Page Free public schools, what are 1415 80 Must be free and accessible 1343 63 Must be maintained, how long 1189, 1193 26, 27 To share in funds 1216, 1217 31, 32 Wilful disturbance of, penalty for 1355 65 SEAL— Board of education, independent district. . 1293 50 County superintendent shall have 1128 13 Superintendent of public instruction to use 1115 11 SECRETARY— Board of education, duties of 1296 50 State board of education, who is 1426 82 Board of regents 2 113 Teachers' insurance fund 1498, 1500 102 Trustees of agricultural school 1458 92 SINKING FUND— Created, must be in bonded district 1336 60 In special district, created how, and when 1276 46 Investment of sinking fund 1277 46, 47 (See also under Different Districts) SITES— (See School Sites) SPECIAL DISTRICTS— Adjacent territory may be attached, how 1240 38 Becomes part of general district, when 1240 38 Board assumes control, when 1260 43 Board of education and quorum 1245 39 Clerk, duties of 1250 40 Compensation of members 1246 39 Duties of board 1251 40, 41 Election of board members, when 1262 43 Ballot, official 1265 44 Candidate, how to become 1265 44 Canvass of returns 1268 44 Certificate of election 1269 44, 45 Notice of election 1263 43, 44 Form of notice 1264 44 Officers of election 1267 44 Precincts for election 1267 44 Provisions to govern election 1 266 44 Flags, shall purchase 1400 75, 76 Free text books, may provide 1 397 75 When and how to provide free texts 1398 75 Health and decency, duty of board 1403 76 Kindergarten may be established, how 1402 76 Lease buildings, power to (Chapter 138) 1 117 Advertise for bids 3 117 Election, when 6 118 Legal construction of payment of rental. ... 5 118 Plans and specifications 2 117 Tax levy to cover rental 4 118 Meetings of the board 1247 39, 40 Members must not be interested in contracts . . . .1246 39 Oath of office 1270 45 Organization of the board, when 1248 40 L52 INDEX SPECIAL DISTEICTS (Continued)— Section Page Powers of the board 1251 40, 41 President, duties of 1249 '50 Teachers may attend Educational Association. . .1401 76 Terms of office 1245 39 Vacancies on the board, how filled 1271 45 Bonded debt of old district, how paid 1239 37, 38 Tax levy for payment 1238 37 Bonds of special district, how and when issued 1272 45 Denomination of bonds 1273 45 Election for issuing bonds, procedure 1274 45 Interest coupons 1279 47 Issue of bonds, how governed 1284 48 Levy for payment of bonds 1276 46 Limit, debt 1275 46 May be exchanged 1283 48 Must specify what 1275 46 Eate of interest 1275 46 Time of payment 1275 . .' 46 Eedeemed, how and when (Chapter 270) Ill Eefunding bonds issued, when 1282 ' 48 Eegister of bonds by clerk 1281 47 Security for bonds 1280 47 Surplus funds may be transferred 1285 48 Cities governed by provisions of Article 9 1229 36 Creation of a special district 1229-30 36 Conveyance of property, how executed 1242 38, 39 Constituted, when 1235 37 Contracts, members not interested 1246 39 Corporation, name of 1241 38 Debt limit of the district 1275 46 Detachment of territory 1240 38 Division of property 1237 37 Drinking cups, public use of, prohibited 2953 110, 111 Election of officers, first 1236 37 To form district 1231 36 Ballots, form of 1233 37 Conduct of election 1232' 36, 37 Notice must be given 1232 36, 37 Eesults announced 1234 37 Establish kindergartens, when and how 1402 1 76 Expenditures on written contract 1259 43 Excess of $500.00 must be on bids 1259 43 First election of officers 1236 37 Flags to provide 1400 75. 76 Free text books, when and how 1398 75 How organized 1243 38 Election of first board 1244 38 Investment of sinking fund 1277 46 47 May become part of general district 1261 43 Mortgage security satisfied 1278 4 7 Name of corporation 1241 38 Petition for organizing special district 1231 36 Portion of district may become special district 1230 36 Eental public buildings paid, when (Chapter 165) . . Ill, 112 Supervision of school, by whom 1252 41 When under county superintendent 1252 41 Territory outside may be included 1230 36 Tax, 'annual levy, when made 1258 42 INDEX 15! SPECIAL DISTRICTS (Continual ) Section Page Taxable property 1257 42 Treasurer, who is 1254 41, 42 Bond of treasurer 1256 42 Custodian of funds 1253 41 Duties of treasurer 1 255 42 Vacancy in board of education, how filled 1271 45 What cities may become special districts 1229 36 SPECULATION— Forbidden 1349 64 Receiving commission forbidden 1529 106 STABLES— In rural districts, provided, when 1 207 29 STATE AUDITOR— Institute fund, warrants, on 1393 74 Tuition fund, duties as to 1210 30 STATE BOARD OF EDUCATION— Appointment of certain members by governor 1424 82 Compensation, what members to receive 1425 82 Ex officio members, who are 1423 82 Expenses paid 1425 82 Membership of 1423 82 Meetings, how many, when 1426 82 Organization of board 1426 82 Powers and duties 1427 82, 83 Classification rural, graded and consolidated schools 1427 82, 83 Inspection of state educational institutions 1428 83 Those formerly exercised by : State agricultural and training school board. 1427 82, 83 State board of examiners 1427 82, 83 State high school board 142? 82, . 83 State reading circle board 1396 74 Visitation of state educational institutions 1428 83 Proposals for legislation to be submitted 1742. . .- 109 By whom and when 1742 109 Publication of same 1742 109 Terms of members 1 424 82 STATE BOARD OF EXAMINERS— (See State Board of Education) STATE BOARD OF REGENTS— (Chapter 237, Laws 1915) Accounting, uniform system of 7 116 Appointed, how 2 112, 113 Appropriation, annual, $18,000.00 10 1 16 Biennial report, when made 7 116 Board ereatei I 1 112 Compensation 5 114 How appointed 2 112, 113 Qualifications 2 112, 113 Restrictions as to membership 2 112, 113 Term of office 3 112, 113 Bond given 4 113 Budget to be submitted by board 7 115 Kadi [(resident to submit 7 1 15. 116 154 INDEX STATE BOAED OF REGENTS (Continued)— Section Page Commissioner of education, state, appointed 7 114 Qualifications 7 114 Compensation, commissioner of education 7 114 Members 5 114 Secretary 2 113 Duties of board 7 114 Act in consultation with presidents 7 115 Appointment of, commissioner of education .7 114 Director of library commission 1531 107 Presidents and faculties 7 115 Cause educational survey to be made 7 114 General control of state educational institutions. . 7 114, 116 Those formerly exercised by: Boards of trustees 7 114 Library commission 1531 107 Normal board of control 7 114 Educational survey 7 114 Expense, commissioner 7 114, 115 Members 5 114 Governor appoints 2 112, 113 Help, office 6 114 How appointed, members 2 112, 113 Institutions under its control 1 112 Members, appointment 2 112, 113 Compensation 5 114 How many 1-2 112, 113 Limitations upon membership . 2* 112, 113 Qualifications 2 112, 113 Kemoval of 3 113 Take oath of office 4 114 Term of office 2 112, 113 Meeting, first 2 113 Annual 8 116 Quarterly 8 116 Special 8 116 Oath of members 4 113 Office, where 6 114 Powers of board 7 114, 116 Those formerly exercised by Normal Board of Control and trustees of other state educational institutions 7 114, 116 To appoint commissioner of education 7 114, 116 To elect presidents and faculties 7 114, 116 To install uniform system of accounting ? 114, 116 To make biennial report 7 114, 116 To make educational survey 7 144, 116 To make rules for conduct of institutions 7 114, 116 To prepare budget 7 114, 116 Qualifications of members 2 112, 113 Quorum 8 116 Kemoval of members, how 3 113 Repeal 11 116 Report, biennial, made to governor '. 7 116 Salary of commissioner 7 114 Secretary 2 113 Secretary to be chosen 2 113 Statement of expenses itemized 9 116 Supplies, office 6. 114 INDEX 155 STATE BOARD OF REGENTS (Continued)- Section Page Survey, educational, to be made 7 114 System, uniform for accounting 7 116 Term of office 2 112, 113 Vacancy, how filled 3 113 What institutions under its control 1 112 STATE HIGH SCHOOL BOARD— (See State Board of Education) STATE PROFESSIONAL CERTIFICATE— Issued for life 1363 67 For five years 1362 66, 67 STATE TREASURER— Institute funds paid on his warrants 1393 74 STATE TUITION FUNDS— (See School Funds) STATE'S ATTORNEY— Prosecutes violation of compulsory law 1345 63 STATEMENT— Of number of schools for institute fund 1394 74 STIMULANTS— (See Narcotics) STUDIES— Additional studies determined by school board 1181 24 Assigned by teacher 1387' 72, 73 Certain to be reviewed in senior year 1453 91 Required for certificates 1360-1364 66, 67 Selection of course of 1452 91 To be taught in common schools 1383 71, 72 Writing to be taught 1451 91 SUPERINTENDENT OF CITY SCHOOLS— Board may appoint 1251 (9 J 41 May issue employment certificates 1400 77 Must have certain studies reviewed 1453 91 Not controlled by county superintendent 1123 12 Shall report recommendations to board 1378 71 Supervision of the schools of the city 1252 41 SUPERINTENDENT OF PUBLIC INSTRUCTION— Advises boards of education 1110 10 Appeals from county superintendent, decides 1110 1(1 Appeals, shall file records 1114 11 Appoints institute conductors, instructors, etc 1392 73, 74 Approves account institute conductor's expenses 1393 74 Approves plans for school houses 1489 100 Assistants in office, may appoint 1120 1 1' Attends teachers' institutes 1113 11 Biennial report, shall make 1116 11 Shall print and distribute 1117 11 What to show 1116 11 Books and documents, shall preserve 1106 10 County superintendents, meetings, to call 1111 10 Shall advise 1110 10 Course of study, shall prescribe 1109. ." 10 156 INDEX Section Page SUPERINTENDENT PUBLIC INSTRUCTION (Continued) — Educational association, publish proceedings 1119 11, 12 Election of 1105 10 Ballot at general election 909 108 No party affiliation 907 107 No party ballot 907 107 Separate ballot, school nominations 908 107, 108 Two candidates nominated, how 908 108 General duties 1113 11 General supervision of public schools 1107 10 Inspection of county agricultural schools, duty 1460 93, 94 Of rural and graded schools 1444 88, 89 Institutes, appoints conductors, etc 1392 73, 74 Assists at institutes 1113 11 Course of instruction for, prescribes 1112 11 Rules for institutes and training schools 1112 11 List of publications, to furnish 1108 10 Member of certain boards 1107 10 Qualifications of 1105 10 Rules for teachers' institutes, shall prescribe 1112 11 Record of official acts, shall keep 1114 11 Reports on rural and graded schools aided 1449 90 Salary of state superintendent 1120 12 Sample copy of text books sent to 1397 75 School laws printed and distributed, when 1118 11 Seal, shall have 1115 11 Shall preserve documents 1106 10 State Board of Education, president ex officio 1426 82 Supplies and blanks, shall furnish 1108 10 Term of office 1105 10 Text books, approved and lists furnished 1397 75 Traveling expenses 1120 12 Vacancy, how filled 1322 57 SUPPLIES— Blanks, etc., furnished by state superintendent 1108 10 SUSPENSION OF PUPILS— By school board 1180 24 Teacher may suspend 1386 72 TAXES— Amount, levied for state institutions 1416 80 Of increase for 1915-16 limited (Chapter 254) 119 Annual school tax 1222 34 Collections certified to county superintendent 1225 35 County agricultural schools, tax for. .* 1456 92 State levy for support 1470 96 Delinquent taxes apportioned 1226 35 Equalization of debts, maximum levy 1329 58 How and when collected 1221 34 In districts having no school boards 1228 35, 36 Levy, how made, and when 1182, 1222 24, 34 Not to be increased 1915 more than 5% (Chapter 254) 119 Not to be increased 1916 more than 10% (Chapter 254) ' 119 Of county tuition tax 1224 35 To pay judgment 1223 34, 35 INDEX 157 TAXES (Continued)— Section Page Maximum levy for final judgment 1227 35 Tax to equalize indebtedness 1329 58 Uniform, taxes must be 1227 35 TEACHERS— Relatives of board eligible, when 117.'! 22 In certain cities 1318 56 (See Duties of Teachers) TEACHERS' COLLEGE— Diplomas of, accredited 1 365 67 TEACHERS' INSTITUTE— (See Institutes and Associations) Appointment of conductors, assistants and lecturers. .1392 73, 74 Rules for, by state superintendent 1112 11 State superintendent to attend 1113 11 TEACHERS' INSURANCE AND RETIREMENT FUND— Annual meeting of members, when 1496 102 Annuity, amount of 1521 105, 106 Diminished, when 1522 106 Not subject to legal process 1527 106 Paid from interest and principal 1525. 106 Paid quarterly 1524 106 To cease, when 1526 106 Application, made to whom 1520 105 Assessments, amount of 1504 103 Back assessments paid 1517 105 Mandatory on new teachers after January 1, 1914.1505 103 Optional on teachers now in state up to January 1, 1917 1506 103 Retention of 1503 103 Board of trustees, members of 1495 101, 102 Compensation of board, of secretary 1500 102 Expenses of, paid 1500 102 Meetings of 1499 102 Organization of 1498 102 Elect president and secretary 1498 102 State treasurer, ex officio treasurer 1498 K>2 Regulations of 1499 102 Report of, annual 1502 102 Vacancies in 1497 102 County tuition fund, drawn on 1515 104, 105 Fund 'created 1495 101 From assessment 1504 103 From county tuition fund 1515 104, 105 Name of 1516 104 Funds invested 1501 102 Penalty for failure to report and transmit 1514 1"! Transmitted to state treasurer 1513 104 Members meet annually 1 496 1 02 Who eligible to be 1528 106 Withdrawal of 1523 106 Money transmitted to county treasurer 1508 103, 104 Report, annual, of board of trustees 1502 102 Reports, county superintendents, shall make annual.. 1511 104 All to be preserved 1512 104 Retirement of teachers, provisions for 1518 105 158 . INDEX Section Page TEACHERS ' INSURANCE AND RETIREMENT FUND (Continued)— School year, legal, denned 1519 105 Statements to be sent in all cases 1510 104 Statements to be sent to county superintendent and countv auditor 1509 104 Teacher defined 1528 106 To give notice 1507 103 Transmission of money to county treasurer 1508 103, 104 Vacancies, members of board of trustees 1497 102 Withdrawals from membership, when and how 1523 106 Who eligible to membership 1528 106 TEACHERS' PENSION FUND— (See Teachers' Insurance and Retirement Fund) TEACHERS' READING CIRCLE— (See Reading Circle) TEACHERS' TRAINING SCHOOL— County funds appropriated, how 1394 74 Counties may unite for 1393 74 Rules for, by state superintendent 1112 11 Teachers shall attend 1385 72 (See also Institutes and Associations) TERM— Of office, clerk of school district 1160 20 County superintendent of schools 1121 12 Director, three years 1151 17 State Board of Education 1424 82 State Board of Regents 2 113 State superintendent 1105 10 Treasurer of school district 1151 17 Trustee, county agricultural school 1458 92 Of school (See School Term) TERRITORY— Adjacent, how attached 1240 38 Divided, when 1142 15 By natural obstacle 1142, 1144 15, 16 To form special district 1235 37 In two counties 1142 15 New district may include what 1147 16, 17 What may be organized 1141 15 TEXT BOOKS— (Sec Free Text Books) May be furnished by district 1397 75 Must be approved 1397 75 Uniform text books (Chapter 145, Laws 1915) 1-11 121, 124 title- How acquired 1187 26 TOWNSHIP— Fractional township may be annexed 1142 15 TRAINING SCHOOL— (See Teachers' Training School) INDEX • 159 TRANSPORTATION— Section Page Distance to make transportation mandatory. ., . .1342 (5) 63 Furnished by district, when 1190 27 TRAVELING EXPENSES— Commissioner of education (State) (Chapter 237) 7 114, 115 County agricultural school, board of trustees 1459 -93 County superintendent (See Mileage) High school inspector 1433 84 Rural and graded school inspector 1444 88, 89 State board of education 1425 82 State board of regents 5 114 State superintendent 11 20 12 Trustees Teachers' Pension Fund 1500 102 TREASURER— (See School Treasurer) (See State Treasurer) TREE PLANTING— Duty of school board 1204 29 Funds for , 1206 29 TRUANT OFFICER— May be employed, in what districts 1 345 64 TUITION— Charged in model school (Chapter 142) 1 1 .i 9 Minimum charge, in high school '. 1 119 In elementary school 1 119 TUITION FUND— (See School Funds) • TWO AND A HALF MILES— Limit for organizing school and compelling attendance. 1188 26 UNIFORM TEXT BOOKS— (Chapter 145, Laws 1915, 121-4) Abridged editions, how sold 2 (a) 121 Bond to be given, approved by whom 1-2 121, 122 Forfeited, when 4 122 Book companies not to offer inducements of any character 5 ; 122 Books furnished at prices listed 2 . (a) 121 Competition not to be restricted 2 (e) 122 Conditions to be complied with 1 121, 122 Copies of all books filed with lowest prices 1 121 Free text books, board may provide, when 9 123 Election to determine, how conducted 9 123 Question submitted to people, when 9 123 Lists of books to be printed 3 122 First list within six months 3 122 Supplementary list annually 3 122 Penalty for violation '. 10 124 Prices to be same in North Dakota as elsewhere. . . .2 (b) 121 Not to be controlled by combination 2 (e) 122 Property of district, books are 9 123 Pupils responsible for books loaned 9 123 Purchase books of families moving away 8. . . 123 Quality to be equal to the best. 2 (c) 121 Kill INDEX UNIFORM TEXT BOOKS (Continued)— Section Page Sample books may be furnished 5 122, 123 School boards may appoint agents 6 123 Advance of 15% may be allowed agents 6 123 School districts or boards authorized to purchase 7 123 May sell to pupils at cost 7 123 Purchase books and loan to indigent children. ... 7 123 Prom families moving out of district 8 123 Necessary for teachers 7 123 Violation, penalty for 10 124 UNITED STATES FLAG— (See Flags) Provided and displayed, when 1400 75, 76 VACANCIES— Board of education of special districts 1271 45 Of independent districts 1292 49, 50 Board of trustees agricultural schools 1458 92 County superintendent 1323 57 Director of common school district 1324 57 Election board 1156 19 Failure to .give bond 1256 42 Treasurer of independent district 1305 53 School clerk 1325 57 School treasurer 1324 57 State board of regents 3 113 Superintendent of public instruction 1322 57 When there is a vacancy 1326 57 VOTERS— Who are voters 1153 18 WARRANTS— ' Money paid only on proper warrants 1255 42 No money paid except on proper warrant 1168 21 Notice to drawee of sufficient funds 1169 22 Only for prior indebtedness Il70 22 Penalty, failure to endorse unpaid 1353. . , 65 Unpaid bear interest 1169 22 To be endorsed 1169 21, 22 What to specify 1170 22 WATER CLOSETS— School board must provide 1403, 1490 (4) 76, 101 WEEK— School week defined ' 1382 71 WOMEN— Are voters, when 128, 1153 9, 18 WRITING— Must be taught in all schools 1451 91 YEAR— School year defined 1382, 1519 17, 105 LAWLTBKART UNivEKsrrv of caufornia LOS AjNGjlXES GAYLAMOUNT ' PAMPHLET BINDER Monuf octurod by JCAYLORD BROS. ins. SyracuM,N.Y. Stockton, Calif. tn ■ i i . i UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 218 726 8