UC-NRLF HUH HIM! THE SCHOOL LAWS AND SCHOOL LAND LAWS OF NEBRASKA, As REVISED AND AMENDED IN 1903. WITH EXPLANATORY NOTES, CITATIONS, SUPREME COURT DECI- SIONS, AND OFFICIAL DECISIONS OF THE STATE SUPERINTENDENT USE OF SCHOOL OFFICERS. BY WILLIAM K. FOWLER, i NT OF PUBLIC INSTRUCTION. LINCOLN, NEBRASKA. 1903 GIFT OF THE SCHOOL LAWS AND SCHOOL LAND LAWS OF NEBRASKA, * ^ As REVISED AND AMENDED IN 1903. WITH EXPLANATORY NOTES, CITATIONS,- SUPREME COURT DECI- SIONS, AND OFFICIAL DECISIONS OF THE STATE SUPERINTENDENT USE OF SpHpOL OFFICERS. BY WILLIAM K. FOWLER, SUPERINTENDENT OF PUBLIC INSTRUCTION. LINCOLN, NEBRASKA. 1903 v PEEFAOE. The new laws have been incorporated under appropriate sub- divisions, and properly indexed, so that no difficulty will be experienced in finding them. Those that were passed without an emergency clause and therefore do not go into effect until July 9, 1903, are mentioned in a footnote. If amendatory, the law of 1901 should be consulted until July 9, 1903. The subject of each section is printed in bold faced type. Many important Supreme Court decisions relating to school matters and official decisions of this department have been added. It is hoped that these features will commend this edition to all who may find occasion to use it. Superintendent of Public Instruction. 381698 BUSINESS CALENDAR I. DISTRICT MEETINGS. t PAGE 1. Time of holding (annual meeting) last Monday of June 22 2. Place of holding. (a) In schoolhouse, if there be one, or, (&) In some other suitable place in the district. 3. Special meeting 22 (a) By whom and how called. '&) Object of meeting must be stated. Jc) Fifteen days notice- necessary 23 Notice of meeting 23 (a) Posted in three public places in the district. (6) Posted fifteen days before date of meeting, (c) State the day, ho'ur,. and place of meeting. Qualifications of voters at district meetings 23 The voter (man or woman) must be twenty one years of age. The voter (man or woman) must have resided in tne district for a period of forty days immediately preceding the meet- ing. (c) The voter (man or woman) must be the owner of real estate in the district, or must own personal property that was assessed in his (or her) own name at the laet annual assessment, or must have children of school age residing in the district. (d ; ) Challenge. 6. Business that may be transacted only at an annual district meeting. 24 (a) Change the location of schoolhouse site. (6) Determine the number of mills on the dollar of assessed val- uation to be levied for all purposes (not to exceed twenty- five mills) except for the payment of bonded indebted- ness..... 25 (c) Determine the number of mills (not exceeding ten) on the dollar of assessed valuation to be expended for building, purchase, or lease of schoolhouse, v.lien there are no bonds voted for such purpose 25 (d) Give directions for the expenditure of the building fund 2o (e) Determine the length of time school shall be taught in the district the ensuing year, subject to the provisions of sec- tion 14, subdivision 2; and whether the money apportioned or voted for the support of the school therein shall be ap- plied to the winter or summer term or a certain portion'to each 26 (/) Regular election of necessary officers must be by ballot. (Of- ficers can be elected at special meetings only to fill vacancies) 27 (#) R quire the director to present an itemized estimate of the amounts necessary to be expended during the ensuing year for school purposes, also a statement of all orders drawn on the county treasurer a*d on the distiict treasurer Si (5) OF NEBRASKA. PAGE (ft) The minutes of the meeting should be read, corrected (if necessary), and approved by a vote of the meeting. The minutes must contain a clear statement of every item of business transacted at the meeting 34 ( i) Shall vote on the question of the establishment of an adjunct district in the county for free high school privileges _. . 44 Business that may be transacted at either an annual or special dis- trict meeting. Adjourn for the purpose of designating schoolhouse site 24 *b) Direct purchasing or leasing of an appropriate site 24 (c.) Direct building, hiring, or purchasing a schoolhouse 24 (d) Transfer money from one fund of the district to another, after the purpose for which it was raised has been accom- plished, and after all debts for which the fund is liable have been discharged 26 (e) Direct by a two-thirds vote the sale of any schoolhouse, site, building, or other property belonging to the district, when no longer needed for the use of the district 26 (/) Direct and provide for the prosecution or defense of any proceeding in which the district may be an interested partyi 5 (0) Elect officers to fill vacancies 41 (w) May direct, by a two-thirds vote, the school board to contract with a neighboring district for instruction of pupils ...... 39 II. DISTRICT BOARD. 1. Report taxes voted at the annual meeting 36 2. Have general care of the school, classify the scholars, and provide a course of study by consent and advice of county superintendent . . 37 3. Determine rates of tuition of non-resident pupils . . . = 37 4. Suspend or expel pupils 39 5. Purchase or lease site; build, hire, or purchase schoolhouse when directed by voters 39 6. Have care and custody of schoolhouse and other property 40 7. Fill vacancy by appointment 41 8. Contract with neighboring district 9. Provide transportation 39 10. Make claim for high school tuition and report cost of attendance. . . 44 11. Shall present at annual meeting statement in wnting of receipts and expenditures, funds on hand and estimate for ensuing year. . . 43 12 Appoint truant officer and physician 103, 104 13. Provide and care for outhouses 40 14. Close school for Institute 61 III. MODERATOR. 1. File acceptance of office 27 2. Countersign all orders and warrants ." 29 3. Preside at district meetings 29 4. Order arrest of disorderly person at district meeting i 30 5. Approve treasurer's bond 30 6. Contract with teacher 32 7. Shall submit to voters at annual meeting question of establishment of adjunct district in county for free high school privileges 44 IV. TREASURER. 1. File official bond within ten days after election 30 2. Apply for and receive moneys from the county treasurer 31 3. Pay district moneys on the order of the director, countersigned by the moderator t , 31 BUSINESS CALENDAB. 7 PAGE 4. Record receipts and disbursements 31 5. Report at annual meeting receipts and disbursements 31 6. Turn over to successor official books, papers, and funds 31 7. Appear for the district in suits brought by or against it 31 8. Contract with the teacher '. 32 V. DIRECTOR. 1. Report taxes voted at the annual meeting. The report must be signed by all the officers of the board, and delivered to the county clerk (a duplicate to the county superintendent), by the first Mon- day in July 25, 35 2. File acceptance of office 27 3. Draw and sign all orders and warrants 31, 34 4. Shall be clerk of district board and district meetings 32 5. Record all proceedings of the district 32 6. Preserve copies of reports to the county superintendent 32 7. Contract with teachers, with consent and advice of the moderator and treasurer or one of them, or under their direction 32 8. Notify the county superintendent of contract with teacher 33 9. Take census, together with the names of all the taxpayers in the district, within ten days before the last Monday in June. 33, 92 10. Present to the annual meeting an estimate of expenses and probable amount of taxes for the ensuing year 34 11. Report to the annual meeting the business transactions of the board for the past year 34 12. Give notice of annual meeting at least fifteen days before the last Monday in June - 34 13. Report to the county superintendent within ten days after the an- nual meeting 35 14. Furnish the annual meeting a statement of the aggregate assessed valuation of the taxable property in the district 36 15. Approve monthly report of teacher 58 16. Report to teacher list of children between 7 and 15 . 1 "4 17. Require report of attendance of children 1(3 18. Give notice to parent or guardian 104 19. Make complaint against parent or guardian 105 20. Shall act as truant officer, when 104 VI. TEACHER. 1. Must have certificate , 32, 40, 57, 79 2. Examination 51, 58, 79 3. Make monthly report to the director 58 4. Fill out term summary a id send copy to the county superintendent. . 58 5. Must attend Institute 62 VII. COUNTY SUPERINTENDENT. 1. Form new districts and change district boundaries 13, 20, 74 2. Notify taxable inhabitant of the formation of a new district 16 3. Divide district property upon the formation of a new district 17, 18 4. Sell schoolhouse when ordered by the district 18 5. Report to county clerk and county treasurer change in district boundaries, and keep in the office of the county clerk a map of the school districts of the county 19 8. Determine site for schoolhouse in new district . 24 7. Appoint district officers 28, 41 8. Apply for writ of mandamus against district officers 29 8 SCHOOL LAWS OF NEBRASKA. PAGE 9. Administer oaths for the purpose of attesting school reports and the administration of the school law 38 10. Notify director to transfer pupils to adjoining districts, and notify the county clerk of said transfer. 38 11. Examine all candidates as teachers for the public schools 51 12. May endorse certificates in force in any other county 51 13. May reroke certificate. 51, 52, 62 14. May act as third officer in district haying but two legal voters .... 21 15. Grant certificates to teachers in such forms as shall be prescribed by the state superintendent 51 16. Receive all blanks and communications from the state superin- tendent, and dispose of same 54 17. Keep a record of ail certificates granted and annulled by him 53 18. Visit each of the schools in his county at least once in each year, and consult with teachers and district boards 53 19. Promote the improvement of the schools in his county by public lectures, teachers' institutes, etc 53 20. Examine district reports and return same for correction when neces- sary 54 21. Report to the state superintendent when required, and be subject to rules and instructions prescribed by the state superintendent 54 22. Notify the district officers of report due and not received 54 23. Report to the superintendent of the institute for the blind and to the superintendent of the institute for the deaf and dumb 54 24. Must attend normal institute in his district 61 25. Apportion state school funds to the districts of his county within twenty days after warrant is received from state auditor 26. Appoint appraisers of schoolhouse site, condemned 69 27. Assist in appraisal of claims or assets in division of districts within metropolitan cities 112 28. File official bond of $3,000. (See sections 5 and 19, chapter 10, Compiled Statutes of Nebraska.) 29. Issue students' certificates for free high school privileges. 43 30. Notify teachers of institute 61 31. Notify school boards to clc se s -hool during institute 61 32. Certify vote of adjunct district, if affirmative, to county clerk 45 The Provisions of the Constitution of the State of Nebraska Relative to Education. ARTICLE VIII. EDUCATION. SECTION 1. Board of educational lands and funds. The governor, secretary of state, treasurer, attorney general, and commissioner of public lands and buildings shall, under the direction of the legislature, constitute a board of commissioners for the sale, leasing, and general management of all lands, and funds set apart for educational purposes, and for the investment of school funds in such manner as may be prescribed by law. SEC. 2. Property, how used. All lands, money, or other property, granted or bequeathed, or in any manner conveyed to this state for educational purposes, shall be used and expended in accordance with the terms of such grant, bequest, or convey- ance. SEC. 3, Permanent school fund. The following are hereby declared to be perpetual funds for common school purposes, of which the annual interest or income only can be appropriated, to- wit: First Such per centum as has been OF may hereafter be granted by congress on the sale of lands in this state. Second All moneys arising from the sale or leasing of sec- tions number sixteen and thirty-six in each township in this state, and the lands selected or that may be selected in lieu thereof. Third The proceeds of all lands that have been or may here- after be granted to this state, where, by the terms and condi- tions of such grant, the same are not to be otherwise appro- priated. Fourth The net proceeds of lands and other property and effects that may come to the state, by escheat or forfeiture, or SEC. L Authority to Invest a portion of the fund cannot be conferred by legislative enactment upon the treasurer. 40 Neb., 288, SEC. 3. Cited 8 Neb.. 201 10 SCHOOL LAWS OF NEBRASKA. from unclaimed dividends, or distributive shares of the estates of deceased persons. Fifth All moneys, stocks, bonds, lands, and other property now belonging to the common school fund. SEO. 4. Temporary school fund. All other grants, gifts, and devises that have been or may hereafter be made to this state, and not otherwise appropriated by the terms of the grant, gift, or devise, the interest arising from all the funds mentioned in the preceding section, together with all the rents of the unsold school lands, and such' other means as the legislature may pro- vide, shall be exclusively applied to the support and mainte- nance of common schools in each school district in the state. SEO. 5. Fines and licenses. AH fines, penalties, and license moneys arising under the general laws of the state shall belong and be paid over to the counties respectively where the same may be levied or imposed, and all fines, penalties, and license moneys arising under the rules, by-laws, or ordinances of cities, villages, towns, precincts, or other municipal subdivisions less than a county, shall belong and be paid over to the same re- spectively. All such fines, penalties, and license moneys shall be appropriated exclusively to the use and support of common schools in the respective subdivisions where the same may accrue. SEO. 6. Common schools. The legislature shall provide for the free instruction, in the common schools of this state, of all persons between the ages of five and twenty-one years. SEO. 7. Distribution of income. Provisions shall be made by general law for an equitable distribution of the income of the fund set apart for the support of the common schools among the several school districts of the state, and no appropriation shall be made from said fund to any district for the year in which school is not maintained at least three months. SEO. 8. Educational lands Price. University, agricultural college, common school, or other lands, which are now held, or may hereafter be acquired by the state for educational purposes, shall not be sold for less than seven dollars per acre, nor less than the appraised value. SEC. 4. 6 Neb., 103, 206. 15 Id., 610. 16 Id.. 680. SEC. 5. 5 Neb., 310, 516. 8 Id., 31, 162. 9 Id., 184, 352, 404. 11 Id., 657. 14 Id , 479. 17 Id., 224. 27 Id., 64. 28 Id., 254. 29 Id., 288, 348. Where a' liquor license has been is&ued and is thereafter canceled without fault of the licensee, he is entitled to a repayment pro tanto of the sum. paid for the unexpired time. 51 Neb. 858. SEC. 7. 5 Neb., 104. EDUCATION. 11 SEC. 9. Funds to remain inviolate. All funds belonging to the state for educational purposes, the interest and income whereof only are to be used, shall be deemed trust funds held by the state, and the state shall supply all losses thereof that may in any manner accrue, so that the same shall remain forever in- violate and undiminished; and shall not be invested or loaned except on United States or state securities, or registered county bonds of this state; and such funds, with the interest and in- come thereof, are hereby solemnly pledged for the purposes for which they are granted and set apart, and shall not be trans- ferred to any other fund for other uses. SEC. 10. University. The general government of the Uni- versity of Nebraska shall, under the direction of the legislature, be vested in a board of six regents, to be styled the Board of Regents of the University of Nebraska, who shall be elected by the electors of the state at large, and their term of office, except those chosen at the first election as hereinafter provided, shall be six years. Their duties and powers shall be prescribed by law, and they shall receive no compensation, but may be reim- bursed their actual expenses incurred in the discharge of their duties. SEC. 1 1 . No sectarian instruction. No sectarian instruction shall be allowed in any school or institution supported in whole or in part by the public funds set apart for educational pur- poses; nor shall the state accept any grant, conveyance, or be- quest of money, lands, or other property, to be used for sectarian purposes.. SEC. 1 2. Reform schools. The legislature may provide by law for the establishment of a school or schools for the safe keeping, education, employment, and reformation of all children under the age of sixteen years who, for want of proper parental care, or other cause, are growing up in mendicancy or crime. SEC. 9. Cited 15 Neb., 610, 684. 16 Id., 680. 25 Id., 660. 39 Id., 353. 41 Id , 277. SEC. 10. 5 Neb., 426. 17 Id., 612. THE SCHOOL LAWS OF NEBRASKA. AN ACT to establish a system of public instruction for the State of Ne- braska, 1881, as since 'amended, together with subsequent enactments relative thereto. SUBDIVISION I. SCHOOL DISTRICTS. 1. School district defined. 2. Name and style. 8. New districts from unorganized ter- ritory. 4. New districts from organized dis- tricts. 5. Notice of formation. 6. Notice to voters. 7. Return of notice. 8. Record of notice. 9. Division of property. 10. Bonded indebtedness. 11. Assessment by county board. 12. Money paid to new district. 13. Sale of schoolhouse. 14. Division of proceeds. 15. Division of teachers' fund. 16. Unbonded Indebtedness. 17. Changes in boundaries reported. Map of districts. Tax list ad- Justed. 18. Arbitration. 19. Mode of proceeding. 20. The award. 21. Fees of arbitrators. 22. Joint districts. 23. Less than three voters in district. 24. Same Annexation to adjoining dis- trict. 25. Same Dissolution Procedure Funds, 26. Debts Taxes. 27t- Superintendent Bond. 28. Same Report. 29. Same Compensation, SECTION 1. "School district" defined. The term school district as used in this chapter is declared to mean the territory under the jurisdiction of a single school board authorized by this chapter. The term school shall be construed to mean a school under the jurisdiction of a school board authorized by this chapter. SEO. 2. Body corporate. Every duly organized school dis- trict shall be a body corporate, and possess all the usual powers of a corporation for public purposes, by the name and style of School district number , of county,'' and in that name may sue and be sued, purchase, hold, and sell such personal and real estate as the law allows. SEC. 3. New districts. Each organized county not already divided into school districts, or any part of such counties SEC. 2. See sec. 8, subdivision 3. No cause of action will accrue to school district, as a corporation, against county superintendent for the manner in which he may exercise his discretion in changing the boundaries of districts. 28 Neb., 661. See 11 Id., 285. 12 Id., 241. 22 Id., 205. 23 Id., 254. 30 Id..363. SEC. 3. Territory not hitherto organized into school districts may b fllvldd, at the discretion of the county superintendent. Districts should be limited in extent by the distance that scholars are able to attend school. 9 Neb., 366. County superintendent has exclusive original Jurisdiction. 35 Neb., 400. 51 Id., 570. (13) 14 SCHOOL LAWS OF NEBRASKA. SubdlV. 1. not so divided, shall be divided by tihe county superintendent into as many school districts as may be necessary. SEO. 4 Change in boundaries. New districts may be formed from other organized districts, and boundaries of ex- isting districts may be changed, under the following conditions, only: First Discretion of county superintendent to create a new district. The county superintendent shall have discretionary power to create a new district from other organized districts upon a petition signed by one-third of the legal voters in each district affected. Second Discretion of county superintendent to change boundaries. The county superintendent shall have discretionary power to change the boundaries of any district upon petitions signed by one-half of the legal voters in each district affected. He shall also have discretionary power to annex to any existing district any territory not organized into districts, upon petitions signed by one half of the legal voters in the said district and in the said territory proposed to be annexed. Third Shall not refuse the petition of two-thirds. The county superintendent shall not refuse to change the boundary line of any district, or to organize a new district, when he shall be asked to do so by a petition from each school district affected signed by two-thirds of all the legal voters in such district, nor to annex to an existing district any territory not organized into districts when asked so to do by petitions signed by two-thirds of the legal voters of the said existing district and the said territory proposed to be attached. A notice of said petition, containing SEC. 4. Discretion of county superintendent. 23 Neb., 659. 25 Id., 200. Dis- cretion of county superintendent will not be controlled by mandamus; appeal lies from his decision to district court. 25 Neb., 405. Cited 18 Id., 648. Notices in- dispensable. Contents of affidavit; time and place should appear. 31 Neb., 424. When territory is to be attached written notice and petition should be given. 28 Neb., 485. Proviso m paragraph 7 confined to what immediately precedes it. Notice in accordance with paragraph 3 necessary. 9 Neb., 331. 39 Id., 391. As many petitions must be presented as there are districts affected. Before making the division, the county superintendent should employ all the legitimate means within his reach to satisfy himself that a legal majority of the voters in the district have signed a petition; and it would be well to move deliberately in the matter, allowing all parties interested opportunity to know what is pro-- posed to be done. The law does not provide for striking off a part of a district without annex- Ing it to some other. The superintendent may require the signer to erase his name froim one of the papers if the same name appear upon different papers. When petitions asking contrary things are presented, the county superintendent should do nothing till some course is agreed upon by petitioners. Where several districts are consolidated, the new district not only becomes Invested with all property rights of the former, but also becomes answerable for their debts. 15 Neb.. L Subdiv. 1. SCHOOL DISTRICTS. 15 an exact statement of what changes in district boundaries are proposed, and when the petition is to be presented to the county superintendent, shall be posted in three public places, one of which places shall be upon the outer door of the schoolhouse, if there be one, in each district affected, or territory not organized into districts proposed to be attached to an existing district, at least ten (10) days prior to the time of presenting the petition to the county superintendent; Provided, That changes affecting cities shall be made upon the petition of the board of education of the district or districts affected. Fourth Two districts made from one. Two districts may be made from one by the county superintendent upon a petition from each district proposed, signed by a majority of the voters in each district proposed. One district may be discontinued, and its territory attached to other adjoining districts, upon peti- tions signed by one-half of the legal voters in each district affected. Fifth List of voters. A list or lists of all the legal voters in each district (or territory) affected, made under the oath of a resident of each district (or territory) affected, together with an oath of a resident of each district (or territory), that the legal notice provided for in the third clause of this section has been properly posted, shall be given to the county superintendent when the petition is presented. By legal voters is herein meant all who are legal voters at an election for school district officers. Sixth New district, when formed. No new district shall be formed between the first Tuesday of April and the first day of October. Seventh Extent of district. No new district shall be formed containing less than four (4) sections of land, nor shall any dis- trict be reduced by division or otherwise so as to contain less than that amount, unless the district so formed, or the part of a district remaining after division, shall have an assessed valua- tion of property of not less than fifteen thousand ($15,000) dol- lars; Provided, That when streams or water courses make it impracticable to form districts containing four sections, then the county superintendent may form districts with less than four sections without regard to valuation. When streams of water make it impracticable for children to attend school in their own district, the county superintendent shall have author- ity, and it shall be his duty when requested by the parents or guardians of such children, to attach to adjoining districts such 16 SCHOOL LAWS OF NEBRASKA. SubdlY. 1. territory as he may deem necessary for the purpose of giving said children school privileges. When a district is reduced in size by the annexation of a part of its territory to a city district as provided by law, or when a portion of a district is cut off from school privileges by a river's changing its channel, so that* such part remaining after such annexation or the said portion so cut off by change of a river channel shall contain less than two sections of land and fewer than twenty (20) persons of schc-ol age, the county superintendent shall have authority, and it shall be his duty to attach such remainder or portion to ad- joining districts, provided this can be so done that no pupil in such remainder or portion shall be more than two and one-half miles from the nearest schoolhouse in the district in which such pupil is so placed. Eighth Petitions filed. The county superintendent shall file in his office all petitions that have been granted for change of boundaries or for the formation of new districts, and such peti- tion shall be prima facie evidence of the boundaries of districts; and all conflicting records of boundaries shall be made to corre- spond with the petitions so filed. SEO. 6. Notice to taxable inhabitant. Whenever the county superintendent of any county shall form a new dis- trict, it shall be the duty of the said superintendent to deliver to a taxable inhabitant of such district a notice in writing of the formation of such district, describing its boundaries, and specify- ing the time and place of holding the first meeting, which notice, with the fact of such delivery, shall be entered upon the record by the superintendent. SBO. 6. Notice to voters. The said notice shall also direct such inhabitant to notify every qualified voter of such dis- trict, either personally or by leaving a written notice at his or her place of residence, of the time and place of holding said meeting, at least five days before the time appointed therefor; and it shall be the duty of each inhabitant to notify the qualified voters of said district accordingly. 8so. 7. Return of notice. The said inhabitant, when he shall have notified the qualified voters as required in said SEC. 5. The record should contain a minute detail of all proceedinffs In re- lation to the formation of the new district and of the amount justly due the new from the old district out of vrhlch it may have been formed. 6 Neb., 545. SEC. . Every qualified voter should be notified; but failure to notify one or more would not invalidate the action of the meeting- unless fraud could be shown. [See section 8.] Fo* definition of "qualified voter," se sections 4 and 5 of subdivision IL Subdiv. L SCHOOL DISTRICTS. 17 notice, shall endorse thereon a return, showing such notifica- tion with the date or dates thereof, and deliver such notice and return to the chairman of the meeting. SEC. 8. Record of notice, return, and organization. The said chairman shall deliver such notice and return to the director chosen at such meeting, as hereinafter provided, who shall record the game at length in a book, to be provided by him at the expense of the district, as a part of the records of such district, which record shall be prima facie evidence of the facts therein set forth and of the legality of all proceedings in the organization of the district prior to the first district meeting, but nothing in this section contained shall be so construed as to impair the effect of the record kept by the county superin- tendent as evidence. SEC. 9. Division of district property. When a new district is formed in whole or in part from one or more districts possessed of a schoolhouse or other property, the county super- intendent, at the time of forming such new district, or as soon thereafter as may be, shall ascertain and determine the amount justly due to such new district from any district or districts out of which it may have been in whole or in part formed, which amount shall be ascertained and determined as nearly as practi- cable according to the relative value of the taxable property in the respective parts of such, former district or districts at the SEC. 9. The division of school districts and school property is on* of the most Important and delicate of the superintendent's duties, always to be per- formed with care and deliberation. The division of property should be made when the district is divided, or as soon as possible thereafter. Where there are debts, which must be paid by the old district, they should be taken Into account in the division of property. The superintendent must use his best judgment in estimating the value of school property, keeping in mind that the law requires him to "ascertain and determine the amount justly due" to the new district. Section 11 states clearly how this money is to reach the treasury of the new district. In applying sections 9 and 11 to the division of a district which is bonded, it must be remembered that the bonds are of the nature of a mortgage on all the land and property of the original district, and that this incumbrance cannot be removed from any part of it by the division. 54 Neb., 171. When the division of a district has been completed by a county superin- tendent, his successor cannot re-open and adjust it again; but a supejintendent who finds out that he has made a serious mistake may correct such mistake within reasonable time. To divide a joint district the same formalities are requisite as In any other. A petition should be presented to the superintendent of each county affected. Debts of a district cannot be divided and apportioned without the consent of creditors. After the division, the old district has no authority to use property or funds to which the new one la entitled. 4 Neb., 267. Where there is no finding or determination whatever by the superintendent as to property of any kind retained by a district out of which a new district was formed, his certificate to the county clerk, stating the amount of tax to be levied on the old district to be paid to the new when collected, Is a nullity. 6 Neb., 539. Certificate of superintendent of amount found due, sufficient to authorize levy of tax. 12 Teb., 827. Se also, 13 Id., 170. 17 Id., 177, 19 Id., 485. 18 SCHOOL LAWS OF NEBRASKA. SubdlV. 1. time of such division, and the fact that such schoolhouse or other property is not paid for shall not deprive such new district of its proportionate share of the value thereof; Provided, That such new district shall remain bound for such indebtedness to the same extent as though the new district had not been formed; unless in case of indebtedness not bonded the same shall be ad- justed as hereinafter provided. SEO. 10. Amount due in installments. If such old district shall be subject to any bonded indebtedness, and the amount to which such new district shall be entitled on account of any such property shall not exceed its proportionate share of such bonded indebtedness, the amount to which such new dis- trict shall be entitled as aforesaid shall be apportioned so as to come due in installments proportionately at such times as the original indebtedness shall become due to the creditors of the old district. SEC. 1 1 . Certificate of amount due. The amount of such proportion, when so ascertained and determined, shall be certified to by the county superintendent to the county clerk, who shall present the said amount to the county board at the session next succeeding, whose duty it shall be at the proper time or times to assess the same upon the taxable property of the district retaining the schoolhouse or other property of the former district, in the same manner as if the same had been authorized by a vote of such district, and the money so assessed shall be placed to the credit of the new district. SEC. 1 2. When collected, such amount shall be paid over to the treasurer of the new district, to be applied to the use thereof in the same manner, under the direction of its proper officers, as if such sum had been voted and raised by said district for building a schoolhouse or other district purposes. SEC. 13. Sale of schoolhouse. Whenever, by the division of any district, the schoolhouse or site thereof shall no longer be conveniently located for school purposes, and shall not be desired by the district in which it may be situated, the county superintendent 4f the county in which such schoolhouse and SEC. 11. The action of the district is not required to levy the tax thus made necessary, and it is beyond its control. The county commissioners are the proper persons to levy it. The whole amount need not be levied at once, but may be put Into two or more levies. SEC. 13. For errors of judgment and mistakes in the performance of this onerous duty the superintendent is not pecuniarily responsible, unless there Is evidence of fraud. The superintendent should take ample time and acauaint himself fully with the facts. Subdiv. 1. SCHOOL DISTRICTS. 19 site shall be located may, when ordered by the district, advertise and sell the same at public or private sale and apportion the proceeds; Provided, That when sold at private sale, such sale shall not be binding until approved by the district interested. SEC. 14. Division of money. The money arising from the sale of schoolhouse and site, or otherwise, except teachers' fund, shall be divided among the several districts created in whole or in part from the divided districts as nearly as practi- cable in proportion to the taxable property of the districts formed in whole or in part by such division. SEC. 15. Teachers' fund. Money on hand belonging to the teachers' fund of said district -shall be divided in propor- tion to the number of scholars in each district at the time of said division. The money designated in this and the preceding section shall be divided at once, and not in the manner provided in section 11 of this subdivision. SEC. 16. Unbonded indebtedness. Whenever a new dis- trict shall be organized from the territory of a former district, and there shall be any indebtedness of such former district ^hich shall not be bonded, such unbonded indebtedness shall be taken into account in estimating the sum due from the old to the new district on account of schoolhouse or other property, and such new district shall be entitled to only the value of its pro- portionate share of such property after deducting its like share of such indebtedness. SEC. 17. Report of change in boundaries. Every change in district boundary lines must be reported as soon as made to the county clerk and the county treasurer by the county superintendent; and the county superintendent shall keep in the office of the county clerk a map of the school districts of the county, which map shall be revised as often as the boundary lines of districts are changed, or new districts formed. The county superintendent shall also report to the county treasurer the necessary changes to be made upon the tax lists of the SECS. 14 and 15. Money on hand when a district Is divided is to be treated as follows: The teachers' fund, including proceeds of tax for teachers' wages and the state apportionment, according to section 15; that is, in proportion to the number of children in the district at the time of division. The remaining funds (both in county and district treasury) will be divided according to section 14; that Is, in proportion to the taxable property of the districts concerned. When a county superintendent has ordered money paid by one district to another, and the district neglects or refuses to pay it, the treasurer of the district to which the money is due may apply to the court for a mandamus to compel the officers of the delinquent district to pay the money. SEC. 16. Where several districts are consolidated, the new district not only becomes invested with the property rights of the former but also becomes answerable for their debts. 61 Neb., L 20 SCHOOL LAWS OF NEBRASKA. {Sutxliv. 1. county. Upon receiving said notification, it shall be the duty of the county treasurer to adjust the tax list of the county in ac- c.ordance with the change of district boundaries, so that the un- collected taxes levied upon property that has been transferred to another school district shall, when collected, be placed to the credit of the district to which such property has been trans- ferred. SEO. IS. Unsatisfactory division. Whenever a district is dissatisfied with the division of school property made by the county superintendent, the points in dispute may be referred to three disinterested persons, no one of whom shall be a resi- dent of either district interested in the matter at issue, one to be chosen by the school board of each district, and these two to choose a third, and the decision of any two of them shall be final. SEC. 19. Arbitration. The manner of proceeding shall be substantially as follows: The district desiring an arbitration shall make a demand in writing of the county superintendent within ten days after said superintendent has made his award. The county superintendent shall notify the other district or dis- tricts, and direct them to choose arbitrators. The county superin- tendent shall appoint a time and place for the hearing, at which the arbitrators shall proceed immediately to hear and determine the matter at issue according to justice and right, taking all the circumstances into consideration. SEC. 20. Award. The award of arbitrators shall be in writ- ing, and shall be filed with the county superintendent, and shall be final; Provided, That if no award is made by the com- mittee within thirty days from the day of arbitration, the divi- sion made by the county superintendent shall be legal and valid. SEC. 21. Fees of arbitrators. The fees for such arbitrators shall be as follows: Each person engaged as arbitrator shall receive two dollars per day during the time necessarily occupied, to be paid equally by the districts. SEC. 22. Joint districts. That when persons living in two or more counties desire to form a school district, it shall be the duty of the superintendents of the respective counties to authorize the said persons to organize such district, and the re- ports contemplated in this chapter shall be made to the superin- tendents of each county, parts of which form the district, of such property or children as may be within the limits of each such organized county. Subdir. SCHOOL DISTRICTS. 21 [DISMEMBERED DISTRICTS-.] SEC. 23. Less than three voters in district. In case the number of legal voters in any district becomes less than three, the county superintendent shall act as the third officer of such district. SEC. 24. Same Annexation to adjoining district. When for a continuous period of one year a district shall have less than two legal voters residing therein, the county superin- tendent may, in his discretion, annex the said district to one or more adjoining districts, upon petitions signed by a majority of the legal voters of such adjoining district or districts. SBC. 25. Same Dissolution Procedure Funds. When for a continuous period of one year a district shall have less than two legal voters residing therein, it shall be lawful, upon a petition being presented for that purpose by the resident voter of said district, or by the county superintendent of the county in which said district is situated, for any court of compe- tent jurisdiction of said county to authorize the county superin- tendent of the county in which said district is located to close up the affairs of said district. Twenty days previous to any action on the part of the county superintendent, notice of such action on the part of the court shall be made public in some legal newspaper circulating in said county. The said county superin- tendent thus authorized shall have power, and it shall be his duty to take possession of all school property belonging to said district. If there be funds belonging to said district in the hands of the county treasurer, the county superintendent shall proceed to pay off the indebtedness of the district, issuing orders upon the county treasurer for the payment of such indebtedness. If there be no funds in the hands of the county treasurer to the credit of said district, the county superintendent shall, on order of the court, advertise and sell at public auction the school prop- erty of said district, placing the money thus obtained in the hands of the county treasurer to the credit of aforesaid district, and issue orders upon it as above. SEC. 26. Debts Taxes. If any indebtedness still remain unpaid, the board of county commissioners of said county shall determine the rate of taxation necessary to pay such in- debtedness, and shall cause such taxes to be levied upon all prop- erty in the said district and collected as other taxes. SEC. 27. Superintendent, Bond. -Before entering upon such duties, the county superintendent shall execute a good and 22 SCHOOL LAWS OF NEBRASKA. Sttbdiv. 2. sufficient bond to the people of the State of Nebraska, to be approved by the judge of said court, in double the amount of the value of all property which in the opinion of the court shall be entrusted to his care. SEC. 28. Same Report. It shall be the duty of the county superintendent to file an itemized report in said court, show- ing the disposition of all property and money received by him in the said transaction, and said report shall be a part of the official records of said court. SEC. 29. Same Compensation. For performing the duties hereby imposed, it shall be lawful for the court to award to the county superintendent such compensation as in its judg- ment shall be just and right; and such amount and costs of court shall be a claim against said district. SUBDIVISION II. DISTRICT MEETINGS. 10. Providing funds for site of build- ings. 11. Voting tax. 12. Building fund. 13. Building fund, how expended. Transfer of funds. 14. Length of term. 15. Sale of property. 16. Prosecution and defense of suits. 1. Annual meeting. School year. 2. Special meeting. 3. Notice. 4. Qualifications of voters. 5. Proceedings in case of challenge. 6. Votes rejected. False oath, penalty. 7. Challenge, when entertained. 8. Adjourned meeting to designate site. Change of site. 9. Site chosen by county superlntend- dent, when. SECTION 1. Annual meeting. The annual school meeting of each school district shall be held at the schoolhouse, if there be one, or at some other suitable place within the district, on the last Monday of June of each year. The officers elected as hereinafter provided shall take possession of the office to which they have been elected upon the second Monday of July, and the school year shall commence with that day. SEC. 2. Special meeting. Special meetings may be called by the district board, or any one of them, on the written re- quest of any five legal voters of the district, by giving the notice required in the next succeeding section ; and in all notices of special meetings the object of the meeting shall be stated, SEC. 1. No authority to adjourn election. 15 Neb., 447. Cited 33 Id.,, 835. See, also, 32 Id., 370. SEC. 2. The names of the five persons who made the request for the call should be recorded in the minutes. The district officers may constitute three of the five. When a special meeting adjourns to another time, new notices should be put up; but a failure to do this would not render the adjourned meeting illegal. An annual or special meeting held In the evening (after night) would not be illegal. One copy of the notice of school district meetings should be posted upon the schoolhouse door. Subdiv. 2. DISTRICT MEETINGS. 23 and no business shall be transacted at such meetings except such as is"itrentioned in the call. SEC. 3. Notice, contents. All notices of annual or district meetings, after the first meeting has been held as aforesaid, shall state the day, hour, and place of meeting (which place shall be within the district), and shall be given at least fifteen days previous to such meeting by posting up copies thereof in three public places within the district; but no annual meeting shall be deemed illegal for want of such notice. SEC. 4. Voters, qualifications. Every person, male or female, who has resided in the district forty days and is twenty-one years old and who owns real property or personal property that was assessed in the district in his or her name at the last annual assessment, or who has children of school age residing in the district, shall be entitled to vote at any district meeting or school election held in any district, village, or city; Provided, That all electors at school elections held in cities where registration of voters is required shall comply with the provis- ions of such registration law before they shall be entitled to vote. SEC. 5. Challenge. If any person offering to vote at a school district meeting shall be challenged as unqualified by any legal voter in such district, the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter, and if such person shall state that he or she is quali- fied, and the challenge shall not be withdrawn, the said chairman shall administer to him or her an oath in substance as follows: "You do solemnly swear (or affirm) that you are twenty-one years of age, that you have resided in this school district for forty days last past, that you own real property in the district, or personal property that was assessed in your name [in this dis- trict] at the last assessment or have children of school age re- siding in the district, so help you God." And every person tak- ing such oath shall be permitted to vote on all questions proposed at such meeting. SEC. 4. In general, where a man lives or claims his home, and where ha enjoys the privilege of a resident citizen, may be considered his place of resi- dence. In all cases a man must prove his intention as to the place of his residence; if he remove his family and goods from the district, and it can be proved that he Intends to claim his residence in some other place, he Is no longer a resident of the district. A homesteader can have no residence except In the district in which his homestead Is located. Justice Maxwell says: "That place will be considered the .residence of a person in which his habitation is fixed, without any present intention of removing therefrom, and to which, when- ever he Is absent, he has the Intention of returning." Women may vote and hold office in school district. 16 Neb., 417. 24 SCHOOL LAWS OF NEBRASKA. Subdiv. 2. SEO. 6. Rejection of vote. If any person so challenged shall refuse to take such oath, his or her vote shall be rejected, and any person who shall willfully take a false oath, or make a false affirmation under the provisions of the preceding section shall be deemed guilty of perjury, and be punished ac- cordingly. SEO. 7. Challenge. When any question is taken in any other manner than by ballot, a challenge immediately after the vote has been taken, and previous to an announcement of the vote by the chair, shall be deemed to be made when offering to vote, and treated in the same manner. SEO. 8. Site. The qualified voters in the school district, when lawfully assembled, shall have power to adjourn from time to time, as may be necessary, to designate a site for a school - house, by a vote of two-thirds of those present, and to change the same by a similar vote at any annual meeting; Provided, That in any school district where the schoolhouse is located three-fourths of a mile or more from the center of such district, such schoolhouse site may be changed to a point nearer the geographical center of the district by a majority vote of those present at any such school meeting. SEO. 9. Same. When no site can be established by such in- habitants aforesaid, the county superintendent of the county in which the district is situated shall determine where such site shall be, and his determination shall be certified to the director of the district, and shall be final, except that such de- cision may be changed by the county superintendent on a written request of two-thirds of the qualified voters of the district. SEC. 10. Purchase or lease of house. The said qualified voters shall also have power, at any annual or special meet- ing, to direct the purchasing or leasing of any appropriate site, and the building, hiring, or purchasing of a schoolhouse, and the amount necessary to be expended the succeeding year, and to vote a tax on the property of the district for the payment of the same. Not to conflict with section two (2). SBC. 8. The "three-fourths of a mile" mentioned in the proviso' in this sec- tion should be measured on a straight line joining: the schoolhouse and the geographical center of the district. A school site may be changed at an annual meeting only. Cited Wilber vs. Wooley, 44 Neb., 739 (62 N. W. Reporter, By act of congress (March 3, 1873), it was enacted that a person occupying a homestead or pre-emption shall have the right to transfer by warranty, against his own acts any part of his homestead or pre-emption for a site for a school- house; and this shall not vitiate his titlo. SEC. 10. Contracts for the erection of schoolhouses should be made with reference to funds on hand. 4 Neb., 360. The board cannot bind the district by an increased expenditure beyond the amount authorized by the district. 10 Neb., 242. Cited 32 Id., 354. Building committee. 45 Neb., 239. Building contracts. 61 Neb.. 237. 51 Id., 740. Snbdiv.2. DISTRICT MEETINGS. 25 SBO, 1 1 . Mills levied. The legal voters at any annual meet- ing shall determine by vote the number of mills on the dollar of the assessed valuation which shall be levied for all purposes except for the payment of bonded indebtedness which number shall be sufficient to maintain a school in the manner and for the time provided in section 14 of this subdivision, but not ex- ceeding twenty-five mills in any one year. Provided, that in districts having four children or less of school age the levy shall not exceed the sum of four hundred dollars ($400.00) in any year; and in districts having more than four and less than six- teen children of school age, the levy shall not exceed the sum of fifty dollars ($50.00) per child in addition to the above. The tax so voted shall be reported by the district board to the county clerk, and shall be levied by the county board and collected as other taxes. SEC. 12 Building fund. The legal voters may also, at such meeting, determine the number ef mills, not exceeding ten mills on the dollar of assessed valuation, which shall be ex- pended for the building, purchase, or lease of a schoolhouse in said district, when there are no bonds voted for such purpose, which amount shall be reported, levied, and collected as in the preceding section; Provided, That the aggregate number of mills voted shall not exceed twenty-five (25) mills, SBO. 13. Building fund, how expended. The tax levied and collected, as provided by the preceding section, shall be expended under the direction of the district made at the an- nual meeting, or in the absence of suorh direction, then such tax shall be expended as the district board of the district may direct. Money remaining in the treasury after the purpose for which it was raised has been accomplished, and after all debts for which SEC. 11 The annual meeting vote* the tax, the county board or clerk Iwtes it Cited 4 Neb., 307. 11 Id., 360. 12 Id., 255. I Id., 83L Unauthorized levy. 19 Id., 485. SEC. 13. Moneys derived from state funds, and apportioned by county superintendent, can be legally used for no purpose except to pay teachers' wages. School officers who use any part of such funds for any other purpose become personally responsible to the district for the amount thus used, and are liable to be prosecuted for malfeasance in office. As regards money raised by district tax; (1) When the district has directed the manner in which this tax shall be expended, the officers are bound to follow such direction. The fact that the district at a meeting voted a tax for a particular purpose Is held to be "direction" as regards the money derived from that specific part of the tax, (2) When the district has not specified any particulars in voting the tax, nor directed the board in any manner as to the disbursement of the school funds, then the district officers may pay out the funds as called for, and at their dis- cretion (except the state apportionment, as mentioned above). When money has been raised for building purposes, or any other specific purpose, and has not been expended, the district at any meeting may transfer such money to any other fund.' The building fund cannot be legally transferred to the teachers' fund as long as there are debts due against the district for building expenses. Funds derived from the state cannot be legally transferred from the teachers' fund in any manner whatever. (See last part of section 1, subdivision XI, and last clause of section 5, article VIII, of the constitution.) The "direction spoken of In this section Is general, and not special; It can- not descend to all the details of school management. Cited t Neb., 331. 19 Id., 162. 82 Id.. 854. 26 SCHOOL LAWS OP NEBRASKA* Subdiv. 2. the fund is liable have been discharged, may be transferred to any other fund of the district, at any district meeting. SEO. 14. Length of term. They shall also determine at each annual meeting the length of time a school shall be taught in the district t&e ensuing year, which shall not be less than three months by a legally qualified teacher in a district having less than twenty pupils of school age, nor less than six 1 months in districts having between twenty and seventy-five pupils, in- clusive, nor less than nine months in districts having more than seventy-five pupils. They may also determine and instruct the district officers as to the different length of the terms of school, and the seasons of the year in which the same shall be taught; and the district officers shall see that school is actually taught therein by a licensed teacher in conformity to such instructions and for not less than the length of time herein required. No dis- trict shall receive any portion of the state funds unless school shall have been actually taught therein for the length of time required by this act ; Provided, that in case of epidemic sickness prevailing to such an extent that the school board in any district shall deem it advisable to close any or all schools within the district, or if on account of the destruction of the school house, it shall be impossible to continue the school, such closing of school shall not prevent it from drawing its proper share of the state apportionment. Such sickness, or destruction of the school house, shall be sworn to by the district board, and the oath filed with the county superintendent within ten days after the annual school meeting. Provided further, That no district shall be deprived of its proportionate share of state school funds when it shall appear by the affidavit of the district board, to be made and filed, as aforesaid, that the district has in good faith raised and expended the maximum tax allowed by law and the funds so raised have been insufficient to maintain a school for the time herein provided. SEC, 15. Sale of district property. Said qualified voters shall also, at any annual or special meeting, authorize and direct by a two-thirds vote the sale of any schoolhouse, site, building, or other property belonging to the district when the same shall no longer be needed for the use of the district; and SEC. 14. The things mentioned In section 14 must be determined at the annual meeting, and If not then determined must be left to the board. The penalty which the law Inflicts upon a district for not keeping up schools is the forfeiture of the next year's apportionment. The teacher's pay goes on while the school is closed by order of the board go long as he holds himself in readiness to go on with the school. It must be clear that in consequence of such epidemic (or destruction of house) no school could be taught, and that the failure was not caused by mere neglect. [Maxwell's Practice.] It Is the duty of the county superintendent to see that no district In his county receives credit for school taught by one who does not hold valid cer- tificate. If a district, at the annual meeting, leave the length of term of school to the discretion of the school board. It can be comcelled to make srood the reasonable Subdiv. 3. DISTRICT OFFICERS. 27 when real estate is sold the district may convey the same by deed, signed by the moderator of the district, and such deed, when acknowledged by such officer to be the act of the district, may be recorded in the office of the recorder of deeds of the county in which the real estate is situated, in like manner as other deeds. SEC. 16. Prosecution and defense. They may also give such directions and make such provisions as they shall deem necessary in relation to the prosecution or defense of any pro- ceeding in which the district may be a party or interested. SUBDIVISION III. DISTRICT OFFICERS. 1, Officers elected by ballot. 2. First year of term. 8. Acceptance. 4. Organization. 6. New notice. 6. Appointment of officers. 7. Organization. 8. Presumed legally organized. 9. Term of officers. 10. Officer may teach upon petition of two thirds. 11. Mandamus. SECTION 1. Election of officers. The qualified voters of every new district, when assembled pursuant to legal notice, and all existing districts at their annual meetings, shall elect by ballot, from the qualified voters of such district, a moderator for three years, a director for two years, and a treasurer for one year; and at the expiration of their respective terms of office, and regularly thereafter, their several successors shall be elected for the term of three years each, and all officers so elected shall hold their offices till their successors are elected or appointed and qualified; Provided, That officers of existing organized districts shall continue and discharge the duties of their several offices until the expiration of the same. SEC. 2. First year of term. When a new district is organ- ized and officers elected at any other time than at the annual meeting, the time intervening between the date of such organiza- tion and the beginning of the next school year shall constitute the first year in the term of such officers. SEC. 3. Acceptance. Within ten days after their election, these several officers shall file with the director a written SEC. 1. The newly elected director should file his acceptance with his pre- decessor, or, If he had none, it should be written out and kept with the papers in his office. District officers must be elected by ballot. No authority to adjourn annual meeting for the election of officers. 15 Neb., 444. SEC. 3. An officer elected or appointed should not fail to file a written accept- ance with the director; a verbal acceptance is not enough; but it is held that the entrance upon and the discharge of the duties of the office is a sufficient acceptance. The filing of his bond by the treasurer elect is held to be the fame in effect as a formal written acceptance. See 30 Neb., SGO, 28 SCHOOL LAWS OF NEBRASKA. Subdiv. 3. acceptance of the offices to which they shall have been respect- ively elected, which shall be recorded by said director. SEC. 4. Organization. Every such school district shall be deemed duly organized when any two of the officers, elected at the first meeting, shall have filed their acceptance as afore- said. SEC. 5. New notice. In case the inhabitants of any district shall fail to organize the siame, in pursuance of such notice as aforesaid, the said county superintendent shall give a new notice in the manner hereinbefore provided, and the same proceeding shall be had thereon as if no previous notice had been delivered. SEC. 6. Appointment by county superintendent. In all cases where the county superintendent of any county shall form a school district therein, and where no election for school district officers shall be held therein, it shall be the duty of the county superintendent of the county in which such dis- trict is situated, to appoint the officers of such district from the legal voters thereof, which officers thus appointed shall severally file with the director a written acceptance of the offices to which they shall have been appointed, which shall be recorded by the director. SEC. 7. Organization. Every such school district shall be deemed duly organized whenever any two of the officers thus appointed shall have filed their acceptance as aforesaid, and such school districts and its officers shall be entitled to all the rights, privileges, and immunities, and be subject to all the duties and liabilities conferred upon school districts by law. SEC. 8. Presumption of legal organization. Every school district shall, in all cases, be presumed to have been legally organized when it shall have exercised the franchises and privi- leges of a district for the term of one year. SEC. 9. Term of office. District officers appointed to fill va- cancies shall hold their office until the beginning of the next school year. Officers elected at a special meeting shall serve SEC. 4. In organizing a new district, great care should be taken to have all the steps legal, and to preserve full, clear, and accurate record of all the pro- ceedings, since, during the first year after the district is organized, any charge of illegality in its formation must be met by reference to the records of its organization, and by section 8, subdivision I, such records are made prima facie evidence of the facts therein set forth. But after a district has been transact- ing regular business for a year, according to section 8, subdivision III, it is then held to be a legal district. SEC. 8. Cited 42 Neb.. 439. Subdiv. 4. DISTRICT OFFICERS POWERS AND DUTIES. 29 for the remainder of the unexpired term, and until their suc- cessors are elected and qualified. SEC. 10. Officer as teacher. No person holding a school district office shall be employed -to teach in the district of which he is an officer, unless upon a petition signed by two-thirds of the legal voters of the district, which petition shall be filed with the papers of the district. The contract of such officer shall be made by the other members of the district board. SEC. 11. Refusal to sign or pay orders. Whenever a director or moderator refuses to sign orders on the treas- urer, or the treasurer thinks best to refuse the payment of orders drawn upon him, the difficulty shall be referred for adju- dication to the county superintendent, who shall proceed at once to investigate the matter, and if he finds that the officer com- plained of refuses through contumacy or for insufficient reasons, it shall be the duty of the superintendent, on behalf of the dis- trict, to apply to the proper court for a writ of mandamus to compel the officer to perform his duty. SUBDIVISION IV. DISTRICT OFFICERS, POWERS AND DUTIES. L Moderator, preside, sign orders, elected pro tern. 2. Moderator, order withdrawal or arrest of disorderly person. 3. Penalty for disturbing meeting 1 . 4. Treasurer, bond, approval, filing. 5. Treasurer receive and pay out funds. 6. Treasurer, record, reports. 7. Treasurer, appears for district. 8. Treasurer, insufficient bond. 9. Director, clerk. 10. Director, keep record. 11. Director, contract with teachers, notice of school. 12. Director, census. 13. Director, supplies, repairs. 14. Director, estimate of expenses, statement of orders drawn, min- utes of meeting. 15. Director, notice of district meeting. 16. Director, draw all orders. 17. Director, report to county superin- tendent. 18. County superintendent authorized to administer oaths. 19. Statement of assessed valuation. SECTION 1. Moderator, duties of. The moderator shall have power, and it shall be his duty, to preside at all meetings of the district, to countersign all orders upon the treasurer for money to be disbursed by the district, and all warrants of the director on the county treasurer for moneys raised for dis- trict purposes, or apportioned to the district by the county SEC. 11. This, however, will not prevent a party in a proper case from bring- ing an action in his own name. Cited 19 Neb., 665; 32 Id., S54; 35 Id., 655. SEC. 1. "When the moderator refuses to sign orders legally issued by the director, he can be compelled to do so by mandamus. (Bee section U, sub- division III.) When the moderator is absent from a district meeting, one should be ap- pointed. The director is clerk of the meeting, and has no right to preside in the absence of the moderator. 30 SCHOOL LAWS OF NEBRASKA. Subdiv. 4. superintendent, and to perform such other duties as may be required of him by law. If the moderator be absent from any district meeting, the qualified voters present may elect a suitable person to preside at the meeting. SEC. 2. Arrest of disorderly person. If at any district meeting any person shall conduct himself or herself in a dis- orderly manner, and, after notice of the moderator or person presiding, shall persist therein, the moderator or person presiding may order him or her to withdraw from the meeting, and on his or her refusal, may order any constable, or any other person or persons to take him or her into custody until the meeting shall be adjourned. SEC. 3. Fine for disturbing meeting. Any person or per- sons who shall refuse to withdraw from such meeting on be- ing so ordered as provided in the preceding section, or who shall willfully disturb such meeting shall, on conviction thereof, be fined in a sum not exceeding twenty dollars, which fine shall be paid into the school fund of the district. SEC. 4. Bond of treasurer. The treasurer of each district shall, within ten days after the election, execute to the county and file with the director a bond of not less than five hun- dred dollars in any instance, nor less than double the amount of money as near as can be ascertained, to come into his hands as treasurer and at any one time, with sufficient sureties, to be approved by the director and moderator, conditioned for the faithful discharge of the duties of his office; such bond when ap- proved shall be filed by the director in the office of the county clerk of the county wherein the school district is situated; and if the treasurer shall fail to execute such bond, his office shall be declared vacant by the district board and the board shall imme- diately appoint a treasurer, who shall be subject to the same con- ditions and possess the same powers as if elected to that office. SECS. 2 and 8. For penalty for disturbing any school, society, or meeting convened for Improvement in music, letters, or for social improvement, see Criminal Code, Compiled Statutes. SEC 4. The treasurer should not be allowed to draw money from the county treasurer till he has filed his bond. The other members of the board should not be sureties on the treasurer's bond. A school treasurer may hold other offices, county or precinct. When a board allows a treasurer, whose bond has not been approved, to handle public funds, the members of the board become indi- vidually liable for any loss that may occur. District treasurers are reminded that to use or lend any part of the public money in their hands is an offense which, If proven against them, renders them liable to fine and imprisonment. (See Compiled Statutes.) The treasurer must file his bond with the director and the director must file it with the county clerk. The director should keep a record of both filings. A district treasurer elected to succeed himself must file a new bond. 52 Neb., L Subdiv. 4. DISTRICT OFFICERS POWBBS AND DUTIES. 31 SEO. 6. Receipt and disbursement. It shall be the duty of the treasurer of each district to apply for and receive from the county treasurer all school moneys apportioned to the district or collected for the same by said county treasurer, upon order of the director, countersigned by the moderator, and to pay over on the order of the director, countersigned by the moderator of such district, all moneys received by him. SEO. 6. Treasurer's record. The treasurer shall keep a book furnished by the district, in which he shall enter all the moneys received and disbursed by him, specifying particularly the source from which money has been received, and to what fund it belongs, and the person or persons to whom, and the object for which the same has been paid out. He shall present to the district, at each annual meeting, a report in writing, con- taining a statement of all moneys received by him during. the preceding year, and of the disbursements made by him, with the items of such disbursements, and exhibit the vouchers therefor, and at the close of the term of his office shall settle with the dis- trict board, and shall hand over to his successor said books and all receipts, vouchers, orders, and papers coming into his hands, as treasurer of the district, together with all moneys re- maining in his hands as such treasurer. SEO. 7. Treasurer, appear for district. It shall also be the duty of the treasurer to appear for and on behalf of the dis- trict in all suits brought .by or against the same, whenever no other directions shall be given by the qualified voters in the dis- trict meeting, except in suits in which he is interested adversely to the district; and in all such cases the director shall appear for such district, if no other directions shall be given as aforesaid. SEO. 8. Insufficient bond. Whenever by the failure of his SEC. 5. This money may be drawn from the county treasury at any time. (See section 1.) It is the right and duty of the district treasurer to draw and hold funds col- lected by the county treasurer to the credit of the district. 22 Neb., .52. School dtetrict funds can be paid out legally only on the order of the director, countersigned by the moderator. The county treasurer has no right to receive orders drawn by the director In favor of any one but the district treasurer, who is the only person authorized to receive district money from the county trlasurer, and he should pay no order until countersigned by the moderator. 11 Neb., 283. A school district has no authority to release its treasurer from liability for money lost or misapplied by him. 10 Neb., 296. Cited 19 Id., 494, 565. SEC. 6. The district treasurer should settle with the district at the annual meeting, and the terms and items of this settlement should be recorded In full. SEC. 7. Action on a demand belonging to the district must be brought in the name ef the district. 11 Neb., 283. When* the action is not brought by the treasurer the petition should state the cause. 10 Neb., 268. Cited 12 Id., 24$. SEC. 8. Duties devolving upon the moderator and director by this section can only be performed by those two officers acting In conjunction. 22 Neb., 51. Collection of taxea for payment of loss of* funds in insolvent bank. 51 Neb m 32 SCHOOL LAWS OP NEBRASKA. SllbcliV. 4. sureties, or otherwise, the official bond of the district treas- urer becomes, in the opinion of the other members of the board, insufficient to protect the district from loss, it shall be the duty of the director and moderator to demand additional security, or a new bond of the treasurer. If the treasurer refuse or neglect to procure a satisfactory bond and present it to the other members for approval within ten days after said demand, the said moderator and director may declare his office vacant, and proceed to call a district meeting to elect a new treasurer to fill the unexpired term; Provided, That nothing in this section shall be construed to interfere with the liabilities of principal and sureties in such bond or the rights of sureties as defined by law regulating official bonds. SEC. 9. Director, clerk. The director shall be clerk of the district board and of all district meetings when present, but if he shall not be present, the qualified voters may appoint a clerk for the time being, who shall certify the proceedings to the director to be recorded by him. SEC. 10. Director's record. The director shall record all proceedings of the district in a book furnished by the district, to be kept for that purpose, and preserve copies of all reports made to the county superintendent, and safely preserve and keep all books and papers belonging to his office. SEO. 11. Teacher's contract. The director, with the con- sent and advice of the moderator and treasurer, or one of them, or under their direction, if he shall not concur, shall contract with and hire qualified teachers for and in the name of the dis- SEC. 10. It Is to this record alone that resort must be had to ascertain what the district has done, what taxes it has voted, etc. 4 Neb., 307. SEC. 11. The district, at the annual meeting, may determine whether a sum- mer or winter school shall be taught (see section 14, subdivision II), but It is the business of the board to choose the teacher, and the director shguld make the formal contract with the person so chosen. If the director refuses to make the contract it may b made by the other two members of the board. A school board may direct the school to be closed on Thanksgiving, the Fourth of July, or similar occasions, and not require the teacher to make up the time. The school board is the proper party to fix the wages of teachers the district meeting cannot do it. % Unless a teacher agrees on his contract to build fires and sweep the school^ house, he cannot be compelled to do so. A district board cannot make a legal contract one that will bind the district with a teacher who does not hold a valid certificate, and members of the board will be personally liable to the district for money paid to a teacher who Is not legally qualified. 13 Neb., 52. A teacher Is legally qualified to teach In a joint district, who holds a cer- tificate from the superintendent of either county in which such district lies. If the contract Is signed by one who Is a director de facto It will bind the dis- trict. 9 Neb., 56. Contract by director and treasurer valid, IS Neb.. 69. 35 Id 655. Breach of contract. SI Neb.. 501. Subdiv. 4. DISTRICT OFFICERS POWERS AND DUTIES. 33 trict, which contract shall be in writing and shall have the con- sent of the moderator and treasurer, or one of them, endorsed thereon, and shall specify the wages per week or month as agreed by the parties, and a duplicate thereof shall be filed in his office; Provided, That if the director shall refuse to make and sign such contract, when directed s.o to do by the moderator and treasurer, then it may be made and signed by the moderator and treasurer. The director shall notify the county superintendent at the time the contract is made, of the length of the proposed term of school, when the school will begin and of the name of the teacher. And no money belonging to the district shall be paid for teaching to any but legally qualified teachers. Provided, further, That a contract made before the annual Meeting, in order to be legal, must be signed by two members whose terms of office do not expire with the school year in whieh such contract is made. Provided, further, That no such contract with a. teacher shall be valid unless agreed to either by all the members of the dis- trict board or by two members of such board who are not related to the fourth degree to the said teacher and whose terms of office extend beyond the date of the term of school contracted for. SEC. 12. Census. Within ten days previous to the annual district meeting, the director shall take the census of his district, and make a list in writing of the names of all the children belong- ing thereto, between the ages of five and twenty-one years, to- gether with the names of all the tax-payers in the district. In case of the absence or inability of the director, such census shall be taken by the moderator or treasurer, or such person as they may appoint, and a copy of such list, verified by the oath of the person taking such census, by affidavit appended to or endorsed thereon, setting forth that it is a correct list of the names of all children belonging to the district between the ages of five and twenty-one years, and that it was taken within ten days preced- SEC. 12. The census can be legally taken at no other time than this. No special census report can be called for. Marriage will not exclude from the census list persons otherwise entitled to be enumerated. No stated length of time is required that children must live in a district before they are counted in the census. Children brought into a district within the ten days during which the census can be taken, if already counted in the district from which they came, should be listed in the district to which they have come, and stricken from the other. The home of a child is usually with its parents or guardians, but may be elsewhere. A child of school age who, lona ftde, resides in a district for other than school purposes, is entitled to school privileges, and its name should be in- cluded in the school census. 2 34 SCHOOL LAWS OP NEBRASKA. Subdiv. 4. ing the annual meeting, shall be returned with the annual report of the director to the county superintendent; Provided, That- in cities of the first and second class, thirty (30) days shall be allowed for taking said census, said census to be completed before July 1. Sao. 13. Supplies, repairs. The director shall, with the concurrence of the moderator and treasurer, or either of them, provide the necessary appendages for the schoolhouse, and keep tha same in good condition and repair during the time school shall be taught in said schoolhouse, and shall keep an accurate account of all expenses incurred by him as director. Such ac- count shall be audited by the moderator and treasurer, and on their written order shall be paid out of the general school fund. SEC. 14. Estimate of expenditures. He shall present at each annual meeting an itemized estimate of the amounts neces- sary to be expended during the ensuing year for school pur- poses, and for the payment of the services of any school district officer; but no tax for these purposes shall be voted at any special meeting. He shall also present to the annual meeting a statement of all orders drawn on the county treasurer, and the amount of each, and of all orders on the district treasurer, and the amount of each, for what purpose and to whom given. Before adjournment of each annual meeting the director shall read the minutes of the meeting and have the same corrected and ap- proved by a majority vote vt said meeting. SEC. 15. Notice of district meeting. He shall give the prescribed notice of the annual district meetings, and all such special meetings as he shall be required to give notice of, in accordance with the provisions of this chapter, one copy of which for each meeting shall be posted on the outer door of the school- house, if there be one. SEC. 16. District orders. He shall draw and sign all orders upon the treasurer for all moneys to be disbursed by the dis- trict, and all warrants upon the county treasurer for moneys raised for district purposes, or apportioned to the district by the SBC. 14. If the districts desire to pay their school officers, they must at the annual meeting make provision for so doing. SEC. 16. School district orders are subject to same defense against a bona fide holder for value as against the payee. 4 Neb., 359. Cited 19 Id., 564. 32 Id., 370. A writ of mandamus cannot issue to the treasurer of a school district re- quiring payment by him of an order payable by Its terms at a fixed time in the future, and in the meantime drawing interest at a rate per centum defined by the terms of the order itself. 39 Id., 570. Moderator must countersign all proper orders. 35 Nb., 655. The school board has no authority to draw and accept orders on a fund which the district has proposed, but not yet raised. 4 Neb., 360. Subdiv. 4. DISTRICT OFFICERS POWERS AND DUTIES. 35 county superintendent, and present the same to the moderator, to be countersigned by him, and no warrant shall be issued until so countersigned. No warrant shall be countersigned by the moderator until the amount for which the warrant is drawn is written upon its face. The moderator shall keep a record, in a book furnished by the district, of the amount, date, purpose for which drawn, and name of person to whom issued, of each war- rant countersigned by him. SEC. 17. Report of census. The director shall, within ten days after the annual district meeting, deliver to the county superintendent, to be filed in his office, a report under oath, show- ing the whole number of children belonging to the district be- tween the ages of five and twenty-one years according to the census taken aforesaid; and any district board neglecting to take the enumeration and make a return of the same shall be liable to said district for all school moneys which such district may lose by such neglect. Within ten days after the annual district meeting, the director shall report to the county superintendent, to be filed in his office, a report under oath, showing: 1st. The number attending school during the year under five, and also the number over twenty-one years of age. 2d. The whole number that have attended school during the year. 3>d. The whole number in the district between the ages of eight [seven] and fourteen [fifteen] years, inclusive. 4th. The whole number in the district between the ages of eight [seven] and fourteen [fifteen] years, inclusive, that have at- tended school not less than twelve weeks during the school year. 5th. The length of time the school has been taught during the year by a qualified teacher, the length of time taught by each teacher, and the wages paid to each. 6th. The total number of days all scholars between the ages of five and twenty-one years have attended school during the year. 7th. The amount of money received from the county treasurer during the year, and the amount of money expended by the dis- trict during the year. 8th. The number of mills levied for all school purposes. SEC. 17. The penalty incurred by a failure to report correctly the items in the first paragraph of this section applies equally to the others. Should the director not send in a complete report, it is the duty of the county superintend ent to return it for correction. The report must be' made under oath. See ~ tion 10, subdivision 10. SCHOOL LAWS OF NEBRASKA. Subdiv. 5. 9th. The kind of books used in the school. 10th. Number of children to whom text-books are furnished, and kind of books. llth. The amount of bonded indebtedness. 12th. Such other facts and statistics as the superintendent shall direct. SEC. 18. County superintendent administer oaths. For the purpose of attesting school reports and other purposes con- nected with the administration of the school law, county super- intendents are hereby authorized to administer the required oaths. SEC. 19. Statement of assessed valuation. It shall be the duty of the director to furnish, for the use of the annual meet- ing of each year, a statement of the aggregate assessed valua- tion of all property in the district, and the amount of taxes, as near as may be, that will be collected for the use of the district. SUBDIVISION V. DISTRICT BOARD, POWERS AND DUTIES. 1. District board, how constituted, quorum, meetings of. 2. Report of taxes voted. 3. General care of school, course of study. 4. Non-resident pupils. 4a. Attendance at nearer school. 46 Transportation of pupils. 40. Instruction in neighboring district. 5. Suspension of pupils. 6. Purchase, lease, and sale of site. 60. Outhouses. 7. Title to site. 8. Payment of school moneys. 9. Care and custody of school prop- erty. 10. Office shall become vacant, when, 11. Vacancies, how filled. 12. County Superintendent to flll Y&- cancies, when. 13. Officer cannot contract with dis- trict. SECTION 1 . District board Quorum Meeting. The mod- erator, director, and treasurer shall constitute the district board, and in all meetings of the board two members shall constitute a quorum for the transaction of business. Meetings of the board may be called upon the agreement of two members, but all mem- bers shall have notice of the time and place of meeting. SEC. 2. Report of taxes voted. Immediately after the an- SEC. 1. A contract entered Into and signed by persons styling themselves as director and moderator of a school district is their individual contract and not binding on the district. 4 Neb., 254. The action of a majority of the board will not bind the district without notice to or participation therein of the other members. Id. A contract with a teacher Is an exception to this rule. 13 Neb., 69. 35 Id., 655. SEC. 2. Taxes were voted by a district while comprising three townships. Before the levy 2 l / 2 townships were detached. Held, Taxes should be levied on the district as it existed at the time of the levy. 9 Neb., 336. But where such taxes were levied in the district as it existed at the time they were voted an<| collected from property therein, held, that the new district could recover from the old the amount collected in its territory. Id. When a district board refuses to act, it may be compelled to perform its lawful duties by a writ of mandamus. 11 Neb., 859. Subdiv. 5. DISTRICT BOARD POWERS AND DUTIES. 37 nual district meeting, and not later than the first Monday in July, said board shall make and deliver to the county superintendent, and also to the county clerk of each county in which any part of the district is situated, reports in writing, under their hands, of all taxes voted by the district during the current school year, to be levied on the taxable property of the district, and to be collected by the county treasurer at the same time and in the same manner as the state and county taxes are collected; and when collected, to be paid over to the treasurer of the proper district on the order of the director, countersigned by the mod- erator of said district, it shall be the duty of the county clerk to levy such taxes, if voted according to law. SEC. 3. General care of school. The district school boards shall have the general care of the schools, and shall have the power to cause pupils to be taught in such branches and classi- fied in such grades or departments as may seem best adapted to a course of study whiqh the school boards of any county shall establish by the consent and advice of the county superintend- ent thereof, and the school board of each district shall cause a record of the advancement in each branch of study of all the pupils to be kept in a book to be provided for this purpose; and it is hereby made the duty of each district board, or of one of their number empowered by the board, to attend all meetings called by the county superintendent for the purpose of adopting or revising a course of study for the advancement of district schools, of making rules and regulations as they may think necessary for the government and health of the pupils, and of devising such means as may seem best to secure regular attend- ance and progress of children at school. SEC. 4. Non-resident pupils. Said board may also admit to the district school non-resident pupils, and may determine the rates of tuition of such pupils and collect the same in advance, but no tuition shall be charged such children as are or may be by law allowed to attend such school without charge. SEC. 4a. Attendance at a nearer school. That when chil- dren of school age reside with their parents or guardians more SEC. 3. The board may discharge a teacher who, for any cause, is found incompetent. 6 Neb., 173. Cited 31 Id., 552. SEC. 4. The residence of a pupil is usually with his parents, if living;, but may be elsewhere. Children sent into the district just to board and attend gchqol are ncrt residents. SEC. 4a. A person whose children and taxes have been transferred to an adjoining district for school purposes, does not thereby become a legal voter of such adjoining district. 38 SCHOOL LAWS OF NEBRASKA. Subdiv. 5. than one and one-half miles from the schoolhouse in their own district, and at least one-half mile nearer to the schoolhouse in an adjoining district, said distances to be measured by the shortest route possible upon section lines or traveled roads open to the public, such children may have school privileges in the said adjoining district instead of in the district of their residence, under the following conditions, to- wit: The parent or guardian of such children shall, at or before each annual meeting, notify the county superintendent of each district affected, using such form of notice as the state superintendent shall prescribe, which notice shall state the distances as herein provided, and shall be attested by the signature of a legal voter and taxpayer of the district in which said children or wards reside, and the signature of a majority of the members of the school board of the district in which said children or wards desire school privileges, in addi- tion to the signature of such parent or guardian; and said county superintendent shall notify the director of each district to trans- fer such person, together with such children or wards, to said adjoining district for school purposes for the year next ensuing, and it shall be the duty of said county superintendent to see that the said children or wards are enumerated in the said adjoining district and not in the district of their residence. The county superintendent shall notify the county elerk of the said transfer, and the said county clerk shall be empowered, and it is hereby made his duty, to place the school taxes, except for the payment of existing bonds or interest on the same, of the said parents or guardians and of the real estate on which they reside, not exceeding a quarter section of land, for the year next ensuing, in the said adjoining district instead of the district of their residence, basing such school taxation upon the levy for school purposes in said adjoining district, and the assessed valuation of the property of such parents or guardians and said real estate as determined by the proper officers, and the said taxes shall be collected as provided by law for other taxes. Provided, That when such transfer shall have been made, such children shall continue to have school privileges in said adjoin- ing district until their parents or guardians shall, in writing, notify the county superintendent of their desire to be again transferred to the district of their residence, or shall remove from said real estate; in either event, the county superintendent shall notify the county clerk of such re-transfer, and the taxes of said parent or guardian and real estate shall again be placed in the district of their residence. Subdiv. 5. DISTRICT BOARD POWE&S AND DUTIES. && SEC. 4b. Transportation of pupils. That a board of educa- tion of a city, or a board of trustees of a high school district, by a two-thirds vote of the entire board, or a district board of any school district in this state when authorized by a two-thirds vote of those present at any annual or special meeting, is hereby empowered to make provision for the transportation of pupils residing within said district to any other school [within said district] to which said pupils may lawfully attend, whenever the distance from such school shall render it impracticable for said pupils to attend without transportation. SEC. 4c. Instruction in neighboring district. That a board of trustees of a high school district, or a district board of a school district in this state, when authorized by a two-thirds vote of those present at any annual or special meeting, is hereby empowered to contract with the district board of any neighbor- ing district for the instruction of [all] pupils residing in the first named district in schools maintained by the neighboring district, and to make provision for the transportation of said pupils to the above named school of the neighboring district under the con- ditions named in the preceding section; Provided, That school districts thus providing instruction for their children in neighbor- ing districts shall be considered as maintaining a school as re- quired by law; Provided, further, That the teacher of the last named school shall keep a separate record of attendance of all pupils from the first named district and make a separate report to the director of said district. SEC. 5. Suspension of pupils. They may authorize or order the suspension or expulsion from the school, whenever in their judgment the interests of the school demand it, of any pupil guilty of gross misdemeanors or persistent disobedience, but such suspension shall not extend beyond the close of the term. SEC. 6. Site, purchase, lease, and sale. They shall purchase or lease such site for a schoolhouse as shall have been designated by the district, in the corporate name thereof, and shall build, hire, or purchase such schoolhouse out of the fund provided for that purpose, and shall make sale and conveyance of any site or other property of the district, when lawfully directed by the qualified voters at any annual or special meeting. SEC. 5. This section gives school boards authority to suspend pupils. There Is no law for referring such questions to a special district meeting, and it will save acrimony if the board, after consulting with the teacher or teachers, will settle all such matters with the least possible public disturbance. The right to suspend or expel vests in the board, but may be exercised by the teacher in emergencies, with immediate reference to the board for final action. SEC. 6. Building committee. 45 Neb., 239. 40 SCHOOL LAWS OP NEBRASKA. Subdiv. 5. SEC. 6a. Outhouses. It shall be the duty of school district} boards to provide on every schoolhouse site, and keep in good re- pair and in clean and healthful condition, at least two separate water closets or privies, located on those portions of the site the farthest from the main entrance to the schoolhouse, and as far from each other as the surrounding condition will permit; Pro- vided, That where adequate and separate interior closets are pro- ,vided and maintained in good repair and healthful condition, the foregoing condition of this act shall not apply. SEC. 7. Title to site. The district shall not in any case build a stone or brick schoolhouse upon any site, without having first obtained a title in fee to the same; and, also, that they shall not in any case build a frame schoolhouse on any site for which they have not a title in fee, without the privilege to move the same when lawfully directed to do so by the qualified voters of the district at any annual or special meeting. SEC. 8. Payment of school moneys. The district board shall apply and pay over all school moneys belonging to the dis- trict in accordance with the provisions of law regulating the same, as may be directed by the district, but no school money apportioned to any school district shall be appropriated to any other use than the payment of teachers' wages; and no part thereof shall be paid to any teacher who shall not have received a certificate as required in this chapter, before the commence- ment of his or her school. SEC. 9. Care and custody of school property. The said board shall have the care and custody of the schoolhouse and other property of the district, except so far as the same shall be confided to the custody of the director. SBC. 9. This section has given rise to much controversy, and many disputed points still remain unsettled. The following opinions seem to be well founded: 1. The schoolhouse was erected for school purposes, and cannot legally be used for any other purpose that will interfere with its use for this. 2. A room in a schoolhouse not needed for school purposes may be, leased for any purpose not injurious to the school, or a detriment to the usefulness of the other parts of the building for school purposes; but the contract for such lease cannot extend beyond the close of the school year. 3. The right to determine whether a schoolhouse shall be used for other than school purposes belongs to the voters of the district when assembled in a lawful manner; but when the district has not acted on the subject the board has con- trol until some action is taken by the district. But neither board nor district has any right to allow the schoolhouses to be used in such a way as to interfere with the school. 4. If the voters of the district wish to use the schoolhouse for meetings of various kinds, there seems to be no good reason why they may not so use it so long as they do not interfere with the school work. The decisions of the su- preme courts of Indiana, Illinois, Iowa, and many other states confirm this view. Kansas, New Jersey, and West Virginia confer upon the trustees, by statute, the right to use the house for such purposes. In the absence of any decision by our own courts the above rulings will govern this department. Subdiv. 5. DISTRICT BOARD POWERS AND DUTIES. 41 SEO. 10. Vacancy in district office. Every school district office shall become vacant by the death, resignation, or removal from office, or removal from the district of the incumbent, or by his absence from the district for a continuous period of sixty days at one time. SEC. 11. Appointment to fill vacancy. The said board shall have power to fill by appointment any vacancy that may occur in their number, and it shall be their duty to fill such vacancy after its occurrence; Provided, That in case said board shall, from any cause, fail to fill such vacancy, the same may be filled by election at a special school district meeting called for that purpose, by the qualified voters present, which meeting shall be called in the same manner and be subjected to the same regu- lations as other special district meetings. SEO. 12. Appointment by county superintendent. When, by a division of a district, not more than one officer is left in the old district, the county superintendent shall appoint, to fill the vacant offices, suitable persons, who shall hold their offices until the second Monday in July after the next annual meeting, and until their successors are elected and qualified. SEO. 13. Officer cannot contract with district. No school officer shall be party to any school contract for building or fur- nishing supplies, except in his official capacity as a member of the board. SUBDIVISION VI. HIGH SCHOOL DISTRICTS, FREE ATTENDANCE, AND EDUCATION OF PAUPER CHILDREN. 12. Terms for adjoining district. 13. Trustees of rural high school. 14. Same. 15. Same. 16. Same. 17. Expense of rural high school. 18. Bond issue. 19. Same. 20. Funds heretofore paid, etc. 21. Education of pauper children. 22. Tuition. 1. Organization of district. 2. Board, organization of. 3. Classification of scholars. 4. Statement of receipts, etc. 5. Free high school attendance. 6. Common school, high schools de- fined. 7. Boards must report. 8. Adjunct district. 9. Rural high school. 10. Proposition submitted. 11. Officers shall certify. SECTION 1 . Organization of district. Any district contain- SEC. 10. When a school officer resigns, and his resignation is accepted, he cannot withdraw it and again resume the office. The only way to remove a school district officer is by a proper action before a court of competent jurisdic- tion. SEC. 1. In the formation of a high school district, It is necessary to reorgan- ize and elect an entire new set of trustees. The change from a primary to a high school district can be made only by a vote at the annual district meeting. The official terms of the old board expire on the second Monday of July fol- lowing the election of the new board of trustees. 17 Neb,, 55, 42 SCHOOL LAWS OF NEBRASKA. Subdiv. 6. ing more than one hundred and fifty children, between the ages of five and twenty-one years, may elect a district board consist- ing of six trustees; Provided, The district shall so determine at an annual meeting by a vote of a majority of the voters attend- ing such meeting. When such change in the district board shall have been voted, the voters at such annual meeting shall proceed immediately to elect two trustees for the term of one year, two for the term of two years, and two for the term of three years, and annually thereafter two trustees shall be elected, whose terms of office shall be three years, and until their successors shall have been elected and qualified. SEO. 2. Board, organization of. Within ten days after their election, such trustees shall file with the directors a written ac- ceptance of the office to which they have been elected, and shall annually elect from their own number a moderator, a director, and a treasurer, and for cause may remove the same, and may appoint others of their own members in their places, who shall perform the duties prescribed by law for such officers in the primary school districts in this state, except as hereinafter pro- vided. The trustees shall have power to fill any vacancy that may occur in their number till the next annual meeting. Whenever in any case the trustees shall fail, through disagreement or neglect, to elect the officers named in this section within twenty days next after their annual meeting, the county superintendent of the county in which such district makes its annual report shall appoint the said officers from the members of said trustees. SBC. 3. Classification of scholars. Said trustees shall have power to classify and grade the scholars in such district, and cause them to be taught in such schools and departments as they may deem expedient; to establish in such district a high school when ordered by a vote of the district at any annual meeting, and to determine the qualifications for admission to such schools; to employ all teachers necessary for the several schools of said district; to prescribe courses of study and text-books for the use of said schools; and to make such rules and regulations as they may think needful for the government of the schools and for the preservation of the property of the district, and also to determine the rates of tuition to be paid for non-resident pupils attending any school in said district except non-resident pupils attending the high school without charge. SBC. 3, Power given to enforce reasonable rules. Report cards. 35 Neb., L Selection of studies by the parent. 31 Neb., 552. Subdiv. 6. HIGH SCHOOL DISTRICTS. 43 SEC. 4. Statement of receipts and expenditures Esti- mate Taxes. The said trustees shall present at each annual meeting a statement in writing of all receipts and expenditures on behalf of the district for the preceding year, and of all funds then on hand, and an estimate of the amounts necessary to be raised by the district, in addition to the money to be re- ceived from the primary school fund and other sources, for the support of the schools of said district for the ensuing year, and for incidental expenses thereof; and the said district may, at the annual meeting, vote such sums, to be raised by tax upon the tax- able property of said district, as may be required to maintain the several schools thereof for the year. [FREE HIGH SCHOOLS.] SEC. 5. Free attendance at high schools. That all regu- larly organized public high schools determined by the state superintendent of public instruction to be properly equipped as to teachers, appliances and course of study, and located in districts whose school boards shall have voted to open such high schools for the instruction of non-resident pupils under the provisions of this act, shall be open to attendance by any person of school age residing outside of the district, and resident of the adjunct district as hereinafter defined, of the same county, whose education cannot profitably be carried further in the public school of the district of his residence; such attendance shall be without charge of tuition to the pupil except as herein- after provided; Provided, Such pupil must have a certificate signed by the county superintendent, that said pupil has com- pleted the common school course prescribed by the state super- intendent for work below the high school; Provided, further, such non-resident pupils shall be subject in all respects to the same rules and restrictions as those which govern resident pupils attending such high school and attend the nearest high school of approved grade whose course of study such pupils have not completed in the county of their residence : Provided, further, When any high school shall be unable to furnish accommoda- tions to any more non-residents without constructing or renting additional buildings, the board of education may refuse admis- sion to such pupils. SEC. 6. Common schools and high schools defined. It shall be the duty of the state superintendent of public instruction to determine annually what high schools in this state meet the requirements of the preceding section and are subject to the provisions of this act. Schools having no more than eight grades or years of study shall, for the purposes of this act, be 44 SCHOOL LAWS OF NEBRASKA. Subdiv. 6. deemed common schools, and schools having more than eight grades shall be deemed high schools. SEC. 7. School boards must report cost and attendance. The school board of each school district in this state whose high school is attended -by pupils under the provisions of this act shall, at the close of each school year, report in such form as the state superintendent may prescribe, to the county board of each county in which such pupils are resident, the name of each pupil non-resident of the district attending such high school from such county and the length of time of attendance of each such pupil in weeks as hereinafter specified, the total cost of maintaining such high school for that year, the total number of pupils both resident and non-resident attending such school, the average number of weeks as hereinafter specified that each pupil attended such school, and the cost per pupil per week of main- taining such school; and the county board shall, at its first regular meeting after the filing of such report, allow said district the sum of seventy-five cents for each non-resident pupil reported for each week during any part of which said non-resident pupil shall have been in attendance, and order a warrant to be drawn on the fund raised under the provisions of section 4 of this act of such county for such sum, and the teacher's register shall be prima facie evidence of the attendance of pupils set forth in said report; Provided, That when the actual cost of maintaining such high school per pupil per week shall be less than seventy-five cents per week, then the sum paid to said district for non-resi- dent pupils shall be such actual cost, and when the cost of main- taining such high school shall exceed seventy-five cents per pupil per week, the parent or guardian of each non-resident pupil shall pay such excess for each pupil. SEC. 8. Meeting expense and establishment of adjunct district. For the purpose of meeting the expense contemplated by this act, all of the territory of each county in this state not included in any high school district may be constituted as an independent taxing district to be known as the adjunct district of such county; the common school district* or parts of districts included in such adjunct district shall be the voting precincts of said adjunct districts; it is hereby made the duty of the mod- erator of each common school district in this state to submit the question of the establishment of an adjunct district in the county in which it is located to a vote of the legal voters of his district at the annual meeting of said district next occurring Subdiv. 6. HIGH SCHOOL DISTRICTS. 45 after the taking effect of this act, and to certify the result of such vote to the county superintendent. In districts which include a part of two or more counties, tbt* vote of the electors resident in each county shall be separately taken and certified to the proper superintendent. If a majority of the votes cast in any county on said question shall be in favor of the establishment of an adjunct district, the county superintendent shall certify such fact to the county clerk, and the county board of such county shall thereafter annually levy a tax of not to exceed two mills on the dollar of assessed valuation of such adjunct district, and the tax collected thereunder shall be a special fund to pay tuition of non-resident pupils under the terms of this act. If the vote provided for in this section in any county shall be against such adjunct district, the question may again be submitted at any subsequent annual meeting of the common school districts embraced in said proposed adjunct district, and any adjunct district may be discontinued by a majority vote of its electors taken in the manner above provided for its establishment. [RURAL HIGH SCHOOLS.] SEC. 9. Rural high school. Any two or more adjoining school districts in any county in this state, which are not able or do not deem it expedient to maintain a school of more than eight (8) grades may unite for the purpose of forming one high school district and maintaining one high school as hereinafter provided. SEC. 10. Proposition submitted at annual or special meeting. The proposition so to unite shall be submitted to the regular annual meeting of each district proposed to be joined in such high school-district, or at a special meeting called for the purpose, as provided in subdivision two (2) of chapter seventy- nine (79) of Compiled Statutes, and shall require for its adoption a majority of all the qualified voters present at such meeting in each of the districts proposed to be so joined for high school purposes. SEC. 11. Officers shall certify to county superintend- ent. When any two or more adjoining school districts in any county shall have voted to unite for high school purposes, the officers thereof shall certify the fact to the county superintendent of said county, who shall thereupon give to such high school district so formed an appropriate name, not borne by any other school district or high school district in said county, and it shall thereafter be known by such name as the High School District of County, Nebraska. Where the majority of 46 scEtooL LAWS OF NEBRASKA. Subdiv. 6. votes are cast for such a union of districts, and such high school is established, no district can withdraw its support from the union without the mutual consent of all the districts expressed by the majority vote of each. SEC. 1 2. Terms for adjoining district to unite. After any such high school district has been established, if any adjoining common school district shall, by a majority vote of the qualified voters therein, at any annual or special meeting, express a desire to unite with, and be included in such high school district for the benefits thereof, it may be done; providing, this proposition is accepted by a majority vote of all qualified voters at an annual or special meeting in a majority of the school districts so united, or if but two districts, in each. Notice of such acceptance, by the president of the high school district to the moderator of said common school district, shall operate as ofllcial proclamation of the incorporation of said common school district in and part of the high school district. SBC. 13. Trustees of rural high school Powers and duties. The directors for the time being of the several school dis- tricts so joined for high school purposes, provided the number of such districts shall exceed two, shall be the trustees and gov- erning body of such high school district. If the number of such districts shall be two only, the said trustees shall annually choose a third person, having the qualifications of a member of the school board in one or the other of the respective school districts to be a trustee of said high school district, who shall within ten days after his election file with such trustees or one of them a written acceptance of said office. Such trustees shall annually, subsequent to the annual meetings of the school districts so united for high school purposes, elect from their number a chair- man and a clerk and shall at the same time elect a treasurer who may or may not be one of their number. They shall alfro have power to fill any vacancy that may occur in their number or in any of said offices till the same can be regularly filled. SEC. 1 4. Same. Said trustees shall have all the power of school boards of school districts in this state with reference to the lease, purchase, acquisition or disposition of buildings, sites and property for school purposes, provided that where the provisions of subdivision five (5) of chapter seventy-nine (T9) of the Com- piled Statutes require the consent or authority or direction ef the school district, the said trustees must be authorized by the votes of meetings of a majority of the districts so united, or if said districts are two only, of each of them. Subdiv. 6. HIGH SCHOOL DISTRICTS. 47 SEC. 1 5. Same. The powers and duties of the chairman, clerk, and treasurer respectively, of such board of trustees, shall be the same, as near as may be, as those of the moderator, director and treasurer, respectively, of a school 'district, as fixed in sub- division four (4) of chapter seventy-nine (79) of the Compiled Statutes, except that no census of such high school district shall be required to be taken, and that contracts with teachers shall require the sanction of a majority of such trustees. SEC. 1 6. Same. The trustees shall establish and maintain a high school in said district at such place as they may deem most expedient, and to that end shall, with the advice and approval of the county superintendent, have the authority to determine the qualifications for admission to such high school, to employ all necessary teachers, to prescribe courses of study and text-books, to determine the rate of tuition to be paid by non-resident pupils attending any such high school, and to make such rules and regulations as they may think needful for the government of such school and for the preservation of the property of such high school district. Provided, That such course of study shall conform to the general course of study and gradation pre- scribed by the state superintendent of public instruction, which he is hereby authorized to prescribe for all high schools main- tained under the provisions of this act. SEC. 1 7. Expense of maintaining rural high schools. The expenses of maintaining such high schools shall be borne by the several school districts -united for the purpose, in propor- tion to their assessed valuation. To that end, the trustees shall, prior to each annual school district meeting, prepare an orti- mate of the sums required for the maintenance of such high school during the coming year, and the share to be borne by each school district, and the number of mills necessary to be levied in each of said districts so united to meet its said share, and shall further certify said estimate, the amount of said share and the amount of said required levy to each of said district's meetings. In case the meetings in a majority of the districts so united, or in case there are but two, in each, shall reject such estimates, the trustees shall at once give ten (10) days notice by posting the same upon the door of each school house in eaeh of said districts and in three other of the most conspicuous places in each district, of a meeting of all the qualified voters of each of the districts so united for high sctaol purposes at some acces- sible place within the limits of said high school districts, for 48 SCHOOL LAWS OP NEBRASKA, Subdiv. 6. the purpose of settling the amount required to maintain such high school, the share of each district, and the number of mills required to be levied. At such meeting, the chairman of said board of trustees shall preside and the clerk shall record its proceedings. Said meeting shall fix, by a majority vote of the qualified voters of said several districts present, the amount necessary to -be raised, the share of each district, and the levy necessary in each district to meet said share, and the clerk shall thereupon forthwith certify the number of mills so fixed upon to be levied in each district to the county board. In case, how- ever, said estimates eo prepared by said trustees, shall not be acted upon at said district meeting or shall not be rejected as above provided, then said trustees shall certify the same as by them originally fixed to said county board; the tax so fixed shall be levied in each school district by the said county board and collected as other county taxes, and the proceeds thereof shall be turned over to the treasurer of said high school district, except the principal sum of bonds for the erection of a building as hereinafter provided shall in no year be suffered to exceed seventy-five (75) per cent of the aggregate expense of maintain- ing all the common schools of said districts so united for high school purposes. SEO. 18. Bond issue. When authorized by a two-thirds ma- jority vote of all qualified voters present at an annual or special meeting in a majority of the school districts so united, or if there be but two districts so united, in each, said trustees may issue and negotiate the bonds of said high school district for the pur- pose of raising money to provide for the erection and furnishing or the improvement of a high school building. The bonds so issued shall not when added to the aggregate of the bonded in- debtedness of the several school districts so united for high school purposes exceed ten (10) per cent of the aggregate as- sessed valuation of the said several school districts as shown by the last preceding assessment. BBC. 19. Same. Said bonds shall conform to and their pay- ment, cancellation, refunding and the application of the proceeds thereof shall be governed by and as provided for in the several provisions of sections six (6) to eleven (11) inclusive, thirteen (13), fifteem (15) to eighteen (18) inclusive, and twenty (20) to twenty- two (22) inclusive, of subdivision fifteen (15) of chapter seventy- nine (79) of the Compiled Statutes, as near as may be. [DISTRIBUTION OF FUNDS.] SEO. 20. Funds heretofore paid into county treasury for free high schools. That all funds which have heretofore been Subdiv. 6. HIGH SCHOOL DISTRICTS. 49 paid into the treasury of any county for the maintenance of free high schools for non-resident pupils, shall be paid to the school districts of such county which have maintained free high schools for non-resident pupils, proportionately to the number of such non-resident pupils instructed and the length of time each pupil received such free instruction. Provided, That where pupils from one county have received such free instruction in a school located in another county, the district furnishing such free instruction shall share in the distribution of funds herein provided .for, in the same propor- tion as the districts of the county making such distribution. EDUCATION OF PAUPER CHILDREN. SEC. 21. That where children of school age and of sound mind shall be confined in any poor house of this state it shall be the duty of the county board, where the same can be done, to make arrangements with the officers of the school district wherein said poor house is located, or with some school district adja- cent, to have the children so chargeable to the county attend school at such time and place, and to have and receive such text- books and instruction as shall be provided for other children at- tending in said school district or districts. SBC. 22. Tuition. It shall be the duty of the county board, upon the report of the officers of the school district wherein arrangements have been made for the education of the children confined in the poor house, to draw a warrant on the general fund of the county, payable to the treasurer of the said school district; Provided, however, The county shall not be liable for more than its proportionate share of the expenses for text- books, fuel, and teachers' wages. 50 SCHOOL LAWS OP NEBRASKA. Subdiv. 7. SUBDIVISION VII. COUNTY SUPERINTENDENT. 9. Blanks received from state superin- tendent. 10. Examine district reports. 11. Subject to rules of state superin- tendent. 12. Vacancy filled by county board. 13. Notice of delinquent report. 14. Report to superintendents of asy- lums for the blind and for the deaf. (See sec. 18, subdivision IV.) 1. Election and term of office. 2. Salary. 3. Teachers' examination. 4. Endorsement of county certificates. B. Form of certificates prescribed by state superintendent. 6. Definition of kinds of certificates. 7. Revocation of, certificate. 8. Visit schools. 80. Examine applicants for state nor- mal. 86. Questions. SECTION 1 . Election term. There shall be a county superin- tendent in each organized county, whose term of service shall be two years, and who shall be elected at the same time and in the same manner as other county officers. It shall be the duty of the county clerk to notify the state superintendent of the election of the county superintendent at the time said election is ascertained. SEC. 2. Salary. The county commissioners, or a majority of them, present at the first regular session of each year, shall de- termine the compensation to be paid to the county superintend- ent, but such compensation shall not be less than twelve hundred dollars per annum in counties having a school population of four thousand or more; and not less than one thousand dollars per annum in counties having a school population of twenty-five hundred and less than four thousand; and not less than eight hundred dollars per annum in counties having a school popula- tion of fifteen hundred and less than twenty-live hundred ; and in counties having a school population less than fifteen hundred, a per diem of not less than four dollars or more than five dollars for each day actually employed in the duties of his office, but the total compensation in this class shall not exceed eight hun- dred (fSOO.OO) dollars per annum. The number of days neces- sary for the duties of his office shall be determined by the county superintendent, but the number of days so employed shall not be less than two times the number of districts in such county, and one day for each precinct thereof for the examination of teach- SEC. 1. The law does not provide for a deputy county superintendent, and action by such person is not legal. If the person elected county superintendent cannot act, he should resign and allow another to be appointed. The powers and duties of the county superintendent of public instruction are derived entirely from the statute. He can exercise only such powers as are especially granted or incidentally necessary to carry the same into effect. Any proceedings on his part beyond the scope of his authority, or where he has no jurisdiction, are absolutely void. 6 Neb., 539. SEC. 2. When the compensation of the county superintendent has been fixed by the commissioners as provided by law. it remains unchanged until altered by the same board at the time prescribed by the statute. In effect July 9, 1903. Subdiv. 7. COUNTY SUPERINTENDENT. 51 ers. The superintendent shall file in the office of the county- clerk a sworn statement of his account. SEC. 3. Teachers' examination. The county superintendent shall examine all persons offering themselves as teachers for tlie public schools, and shall attend at the county seat upon the third Saturday in each month in the year, for that pur- pose; and at such other times and places as he* may select, by giving not less than five days' notice in some paper published in his county; or, if there be no paper published in such county, then he shall cause to be posted up in three public places in the precinct where such examination is to take place, not less than five days prior to such examination, a notice of the time or [and] place thereof. Any certificate granted at any other time or place than those specified above shall be null and void. And any county superintendent who shall violate the provisions of this section shall, upon conviction of the same, be fined in any sum not less than twenty-five dollars. SEC. 4 Endorsement of county certificate. The county superintendent may endorse a certificate in force in any other county of this state, or of any other state, without examination, and said endorsement "shall render the said certificate valid in his county for such time as the superintendent may determine, not exceeding two years from the date of said endorsement, but in no instance for a longer time than said certificate was originally intended; Provided, That the superintendent shall have power to revoke said certificate for the same causes and in like manner as those granted by himself. SEO. 5.' Form of certificate prescribed by state superin- tendent. He shall at his discretion grant certificates, in such form as shall be prescribed by the state superintendent of public in- struction, licensing as teachers all persons whom on thorough and full examination he shall deem qualified in respect to pro- fessional interest, good moral character, learning and ability to instruct and govern a school; but no certificate shall be granted to any person who shall not pass a satisfactory ex- amination in orthography, reading, penmanship, geography, arithmetic, physiology, English composition, English grammar SEC. 4. Cited 19 Neb., 496. SEC. 5. Where circumstances render it desirable, a third grade certificate may be granted foe less than six months, but not for more. A teacher should have a valid certificate before commencing- a school, and the contract made with the board contains the plain implication that he will keep himself tech- nically qualified by obtaining a new certificate before the old one expires. The law makes no provision for dating back a certificate. There is no provision made for teaching any other than the English language in our schools. 52 SCHOOL LAWS OF NEBRASKA. SubdiY. 7. and United States history; Provided, That no person shall be entitled to receive more than two (2) third grade certificates; Provided, further, That the county superintendent may refuse to issue a certificate to any teacher who fails or refuses to at- tend the teachers' institute. SEC. 6. Grades of certificates. There shall be three grades of certificates to teachers to be granted by the county superin- tendent, in his discretion, to-wit: The certificate of the third grade shall be granted to persons who shall have passed satisfactory examination in the branches specified in the above section, which certificate shall license the holder thereof to teach in some special district and shall not continue in force for more than six months. The certificate of the second grade may be granted to any person of approved learning and character who, in ad- dition to the branches specified in the above section, shall pass a satisfactory examination in civil government, bookkeeping, the elements of agriculture, including a fair knowledge of the structure and habits of the common plants, insects, birds and quadrupeds, blackboard drawing, and theory and art of teach- ing, which certificate shall be valid throughout the county for one year, unless sooner revoked. The certificate of the first grade shall be granted to no person who has not taught at least one year, with approved ability and success, and who shall not pass a satisfactory examination in all the branches required to obtain a second grade certificate, and in algebra, geometry, bot- any, and natural philosophy, which certificate shall be valid throughout the county in and for which it was granted for two years, unless sooner revoked. Provided, That the part of this sec- tion relating to the elements of agriculture, to-wit: the words "the elements of agriculture, including a fair knowledge of the structure and habits of the common plants, insects, birds and quadrupeds," shall not be in force until on and after July 1st, 1903. SEC. 7. Revocation of certificate. The county superintend- ent, or any authority or corporation authorized to grant certifi- cates to teachers, may revoke any such certificate for any reason which would have justified the withholding thereof when the same was given, as for gross negligence of duty, or for in- competency or immorality, which reasons shall not be spread on the records unless requested by the teacher: but no certificate shall be revoked without notice by the superintendent, and an opportunity to explain or defend his conduct, if he desires such opportunity. No certificate shall be revoked except by the au- Subdiv. 7. COUNTY SUPERINTENDENT. 53 tliority granting it, but the county superintendent shall report to the authority granting said certificate the fact that it should be revoked, giving his reasons therefor. The superintendent shall keep a record of all certificates granted and annulled by him, with the grade, date, and duration of each, and shall de- liver such record, with all other books and papers belonging to his office, to his successor. SEC. 8. Visit schools. It shall be the duty of the county superintendent to visit each of the schools of his county at least once in each year; to examine carefully into the discipline and modes of instruction, and into the progress and proficiency of the pupils, and to make a record of the same, and to counsel with the teachers and district boards as to the course of study to be pursued, and for the improvement of the instruction and discipline of the school; to note the condition of the schoolhouse and appurtenances thereto, and to suggest place for new school- houses to be erected, and for warming and ventilating the same, and the general improvement of t-he schoolhouse and grounds; to promote by public lectures and teachers' institutes, and by such other means as he may devise for the improvement of the schools in his county, and the elevation of the character and qualifications of the teachers thereof; to consult with the teach- ers and school boards to secure general and regular attendance of the children of his county upon the public schools. SEO. 8a. Examination of applicants for admission to State Normal. The county superintendent shall at the time of his regular examination for the licensing of teachers on the third Saturday of April and on the third Saturday of July of each year and on such other day or days in said months as he may appoint, conduct an examination of applicants for admission to the state normal school located at Peru, Nebraska, or other normal schools that may be established. SEC. 8b. Questions, by whom prepared. The lists of ques- tions used in such examinations of applicants for admission to the state normal school shall be prepared by the state superin- tendent of public instruction and the faculty of the said state normal school, transmitted under seal to the several county super- intendents, who shall place them before the applicants under the same conditions as to time and supervision as in the examina- tion of teachers for license to teach. At the close of such ex- aminations the county superintendent shall collect the papers prepared by the applicants and shall transmit them under seal 54 SCHOOL LAWS OP NEBRASKA. Subdiv. 7. to the state superintendent of public instruction, with a certified list of the applicants preparing suoh papers. All necessary ex- penses connected with the conduct of the examinations and the transmission of the papers shall be paid by the said state normal school or other normal schools that may be established. SEO. 9. Blanks and communications received from state superintendent. It shall be the duty of the county superintend- ent to receive all such blanks and communications as may be directed to him by the state superintendent of public instruc- tion, and to dispose of the same in the manner directed by the state superintendent. SEC. 10. Examine district reports. The county superin- tendent shall examine into the correctness of the reports of the district boards, and may, when necessary, require the same to be amended, and shall indorse his approval on such as he shall find correct, and transmit duplicates thereof, together with such other information as may be required of him, to the state superintendent of public instruction, when required by said state superintendent. SEC. 11. County superintendent subject to rules and instructions of state superintendent Report of county superintendent. The county superintendents shall be subjected to such rules and instructions as the state superintendent of public instruction may from time to time prescribe; and they shall report annually to the superintendent of public instruction, at such times as he may direct, of the official labors performed, and of the general condition and management of the schools under their charge, and such other information as may be re- quired of them by said superintendent. SEC. 12. Vacancy in office, how filled. Whenever, by death, resignation, or removal, or otherwise, the office of super- intendent shall become vacant, the county board shall have power to fill such vacancy. SEC. 13. Notice, report due. Should any district neglect to send in the reports required by section 2, subdivision 8 of this chapter, by the first Monday in July, it shall be the duty of the county superintendent to notify the officers of such district that the report is due, and should be sent at once. SEC. 14. Report to superintendents of blind and deaf. The county super intendeni, shall report on or before the first SEC. 33. In effect July 9, 1903. SEC. 14. Cited 43 Neb., 184. Stlbdiv. 8. STATE SUPERINTENDENT. 55 Tuesday in September of each year, to the superintendent of the blind asylum, the name, age, residence, and post-office ad- dress of every person blind to such an extent as to be unable to acquire an education in the common schools, and who resides in the county in which he is superintendent, and also to the superintendent of the Nebraska institute for the deaf and dumb, the name, age, and post-office address of every deaf and dumb person between the ages of five and twenty-one years, who re- sides within his county, including all such persons as may be deaf to such an extent as to be unable to acquire an education in the common schools. [See chapters 22 and 42, Compiled Statutes.] SUBDIVISION VIII. STATE SUPERINTENDENT. 1. Office. 2. Normal Institutes. 3. Visit schools. 4. Decide disputes in law. 5. Forms for reports. 7. Report annually to the governor. 8. Cause report to be printed. 80. Deputy. 8b. Salary. 9. Apportionment of state funds. 6. Print school laws. SECTION 1. Office. The superintendent of public instruction shall keep an office, which shall be furnished for him at the seat of government of the state, and he shall keep all books and papers pertaining to his office therein, subject at all times to the examination of the governor or auditor of state, or a committee from either branch of the legislative assembly. SEC. 2. Normal institutes. He shall organize teachers' nor- mal institutes at such times and places as he shall deem practi- cable. He shall, as far as practicable, attend said institutes and provide proper instructors for the same, and in other ways seek to improve the efficiency of teachers, and advance the cause of education in the state. SEC. 3. Visit schools. He shall visit such schools as he may have it in his power to do, and witness and advise with teachers and school officers upon the manner in which they are con- ducted. SEC. 4. Decide disputed points. He shall decide disputed points in school law, and all such decisions shall be held to have the force of law till reversed by the courts. SEC. 5. Forms for reports. He shall prescribe forms for making all reports and regulations for all proceedings under the general school laws of the state. SEC. 6. School laws. He shall cause to be printed, in pam- phlet form, the school laws and laws relating to the school lands, B6 SCHOOL LAWS OF NEBRASKA. Subdiv. 8. i, with blank forms prescribed by him, and furnish each county superintendent with a sufficient number to supply the district officers within his jurisdiction. SEC. 7. Report annually to the governor. He shall annu- ally, on the first day of January, submit to the governor of the state a full report of the operations of his office during the year, which report shall contain a statement of the school funds of the state, and an account of the receipts and expenditures for the purpose of schools, a statement of the condition of the common schools and other educational institutions chartered or fostered by the state, embracing the number of schools of the several grades, the number and average compensation of the teachers, the names and compensations of county superintendents, the number of pupils attending the several schools, the enumeration of youth by counties, the value of schoolhouses, sites, apparatus, and furniture; a statement of such plans a he may devise for the better management of the school funds, and the school system, and such other statements as he may deem expedient to com- municate relating to his office and popular education. SEC. 8. Report to be printed. He shall cause his report to be printed by the state printing board, and shall deliver at the commencement of each regular session of the legislature fifty copies thereof to the senate, and one hundred fifty copies to the house of representatives, and shall transmit one copy to each county and city superintendent of schools in the state, and one to each state superintendent of public instruction of other states. SEC. 8a. Deputy. The superintendent of public instruction of the state of Nebraska shall have power to appoint a deputy superintendent of public instruction, and the said deputy may do and perform, in the absence or inability of the superintendent of public instruction, all the acts and duties that may be author- ized and required to be performed by the superintendent of pub- lic instruction; and the superintendent shall be responsible for all the official acts of his deputy. SEC. 8b. Salary. Said deputy shall receive a salary of fifteen hundred ($1,500) dollars per annum, to be paid by warrant of the auditor of public accounts on the treasurer, said warrant to be drawn monthly. SEC. 9. Apportionment of school funds. He shall, semi- annually, on or before the third Monday in June and the last Monday in December, make an apportionment of the funds which are in the treasury and which are applicable to the support of SEC. 8a. 25 Neb., 662, Subdiv. 9. THE TEACHER. 57 schools, which apportionment shall be based upon the enumera- tion of youth reported to the state superintendent by the county superintendents. SUBDIVISION IX. THE TEACHER. 5. Branches required for professional certificate. 5a. Scientific temperance instruction. 6. Examination in same. 7. College and normal graduates. 8. Same. 9. Same Defined. 10. Extent of act. 1. Qualifications of teacher. la. Graduates University of Nebraska, etc. 1&. Same Confirmation of certificates. 2. Monthly report. 3. Length of month. 4. Professional certificate. 4. Proviso, lapse of certificate. 4. Proviso 2d, certificate without ex- amination. SECTION 1 .Qualifications of teacher. No person shall be accounted a qualified teacher, within the meaning of the school low, who has not a certificate in force from a county superin- tendent, or one as provided for in subdivision XIV., section 19, of this- chapter (subdivision XIV., Schools in Cities), or a certifi- cate or diploma from a state normal school of Nebraska, a cer- tificate from the state superintendent of public instruction, or a diploma from a state normal school of another state, approved by the state superintendent of this state; but such approval shall not be given until the holder of said diploma presents proof of successful teaching for one year in Nebraska, and pre- sents a first grade county certificate given in this state. SEC. la. Graduates University of Nebraska or other in- corporated schools of this state. That all graduates of the University of Nebraska holding the degree of bachelor of arts or bachelor of science, and in addition thereto, certificates author- ized by the board of regents showing that such graduates have completed the course of instruction prescribed by the regents and faculty of said university for the special training and in- struction of teachers, and such other graduates as hold the same degrees from any college or university duly incorporated under the laws of the state of Nebraska, who, in the judgment of the state superintendent of public instruction, have completed in their respective institutions an equivalent of the courses in the state university, for said degrees prescribed by the regents and faculty of said university, shall be accredited as qualified teach- ers within the meaning of the school law of this state; and all SEC. 1. Teacher may be discharged for incompetency or other sufficient cause at will of majority of board. 6 Neb., 173. Teacher employed for nine months, working eight, not teaching the nine through neglect of officers of dis- trict, held, entitled to pay for that month. 13 Neb., 54. Cited 19 Id., 496. 58 SCHOOL LAWS OP NEBRASKA. Subdiv. d. such graduates shall have equal privileges, upon equal condi- tions, with graduates from any and all other educational institu- tions within this state under the school law thereof. Said certifi- cates are hereby declared to be valid as certificates of the first grade to teach in the public schools of the state of Nebraska for a period of three years from their date. SEC. lb. Same Confirmation of certificates After three years of actual teaching, the certificates of the graduates of the University of Nebraska or of any other college or university men- tioned or described in section la of this act shall be counter- signed by the state superintendent of public instruction upon satisfactory evidence that the services of the applicant have been successful; Provided, That said counter-signature may be cancelled and its legal effect annulled by the superintendent of public instruction upon satisfactory evidence of disqualification; Provided, further, That such certificates shall be subject to the provisions for lapsing set forth in section 4, subdivision 9 of chapter 79 of the Compiled Statutes of Nebraska for the year 1899. SEC. 2. Report monthly. Every teacher shall make a monthly return to the director of the district of the number of pupils attending his or her school, the names and ages of each, the days attending, the studies pursued, and no teacher will be en- titled to receive pay in full for a term's service till the term sum- mary is properly filled out and approved by the director. SEC. 3. Length of month. In the absence of any agreement between the director and teacher to the contrary, twenty days shall constitute a school month. SEC. 4. Professional certificates. Permanent teachers of high character and broad scholarship, and who have a success- ful experience, may, upon examination by the state superintend- ent, or by a committee of three competent teachers appointed by him, receive a professional state certificate, which shall authorize the holder to teach in any public school in the state, without further examination ; Lapse of certificate. Provided, That no life certificate shall be in force after its holder shall permit a space of three years SEC. 2. The teacher's register should be approved by the director at the close of each month; and an order for the pay of the teacher should not be drawn until the register has been submitted to and approved by the director. A dupli- cate of the classification record and term summary should be forwarded to the county superintendent at the close of each term. A teacher who fails or neglects to make out a report ought not to be allowed to teach, and should have his certificate revoked. . 9. THB TEACHER. 59 to lapse without following some educational pursuit, unless said certificate be endorsed by the acting state superintendent; Certificate without examination. Provided further, That graduates of colleges and universities of good standing, who have received a certificate of the first grade in this state, and who shall have taught in any high school in the state with ability and success for at least three years, shall be entitled to a professional certificate without further examination. SEC. 5. Branches. The branches required for a professional state certificate shall be the following, to-wit : Written arithme- tic, United States history, reading and elocution, English gram- mar, common and physical geography, with map drawings, physi- ology, algebra, natural philosophy, chemistry, composition and rhetoric, bookkeeping, plane geometry, plane trigonometry, geology, zoology, botany, English Kterature, general history, in- tellectual philosophy, civil government and school laws, and the theory and art of teaching. SEC. 6a. Scientific temperance instruction. Provisions shall be made by the proper local school authorities for in- structing the pupils in all schools supported by public money, or under state control, in physiology and hygiene, with special reference to the effects of alcoholic drinks and other stimulants and narcotics, upon the human system. SEC. 5b. Examination. No certificate shall be granted to any person to teach in the public schools of the state of Nebraska after the first day of January, eighteen hundred and eighty-six, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks and other stimulants and narcotics upon the human system. SEC. 6. College and normal graduates. When any college, university, or normal school shall have a course of study equal in extent and similar in subjects to the elementary course of the state normal school, and shall have full and ample equipment and a faculty of instructors fully competent to give satisfactory instruction in the branches contained in said course, any gradu- ate from such course shall be granted by the state superintend- ent a state certificate of the same tenor and effect as the certifi- cate to teach issued to the graduates from the elementary course of the state normal school. SFC. 7. Same. When any college, university, or normal school in this state shall have a course of study equal in extent and 60 SCHOOL LAWS OF NEBRASKA. Subdiv. 10. similar in subjects to the higher course in the state normal school and shall have full and ample equipment and a faculty of instructors fully competent to give satisfactory instruction in the branches contained in said course, the graduates from such course shall be granted by the state superintendent a state certificate of the same tenor and effect as the certificate to teach issued to the graduates from the higher courses of the state normal school. SEC. 8. Same defined. The determination of the question as to what institutions .are entitled to tLe privileges mt forth in this act shall be in the hands of the state superintendent. Pro- vided that no educational institutions shall be entitled to the privileges conferred by sections G and 7 of this subdivision unless the following requirements have been fulfilled: First Such institution shall be incorporated under the laws of the state of Nebraska. Second Said incorporation shall have at least fifty thousand dollars invested, or available for use in the school. Third Said incorporation shall employ not fewer than five teachers who shall put in full time in giving instruction in the branches of study required to be taught by the provisions of this subdivision. Fourth The state superintendent shall by personal inspection satisfy himself that any institution desiring recognition under this law has fully complied with the requirements set forth in this act. SEC. 9. Extent of act. The provisions of this bill shall not apply to graduates of any school approved by the state superin- tendent who were graduated prior to the passage of this act. SUBDIVISION X. TEACHERS' INSTITUTES. 1. Kinds of institute. 2 Duty to attend Institute. 3. Institute fund. 4. Same. 5. Disbursement of fund. 6. Notice of institute. 7. May revoke certificate. SECTION 1. Kinds of institutes. For the purpose of allowing teachers an opportunity to improve themselves in the art of teaching and to promote uniform methods of instruction in the public schools of the state, county teachers' institutes shall be organized and conducted annually by the county superintend- ents; Provided, That two or more county superintendents with the approval of and in conjunction with the state superin- Sutodiv. 10. TEACHERS' INSTITUTES. 61 tendent of public instruction may organize and conduct joint institutes at such time and place and for such length of term as they may deem practicable in lieu of the county institute. SEC. 2. Duty to attend institutes. It shall be the duty of county superintendents and teachers to attend the institute of their county, or district in c9se of joint institutes, at least one week for the purpose of comparing notes, planning and outlin- ing the work of the current or coming school year and to study methods of school work and the science and art of teaching. SEC. 3. Institute fund. For the purpose of defraying the ex- pense of these institutes there is hereby appropriated the entire institute funds of the county or counties for which the institute is organized and conducted, or so much of said fund as may be necessary; Provided, That in the case of joint institutes the ex- pense shall be borne by the institute fund of the counties repre- sented pro rata according to the number of teachers in attend- ance from each county. SEC. 4. Same. To form a fund to defray the expense of insti- tutes, each teacher examined for a certificate, or who has a certificate renewed or endorsed, or who has a certificate or diploma registered by the county superintendent, shall pay the sum of one dollar to the county superintendent; and at the time of the institute each person in attendance may be required to pay an additional sum not to exceed one dollar per week as an institute enrollment fee; to which sum thus raised the county commissioners shall add each year the sum of twenty-five dol- lars from the general fund of the county, and if they deem it desirable they may increase the amount to any sum not to exceed one hundred dollars. The county superintendent shall make a semi-annual statement under oath to the county commissioners of all moneys received by him for the institute fund and of all moneys disbursed by him from said fund. SEC. 5. Disbursement of fund. All disbursements from the institute fund shall be upon the order of the county superin- tendent and upon bills approved by him, which bills shall be filed in his office. SEC. 6. Notice of institute. The county superintendent shall notify all teachers, and the board of all school districts in his county of the time when the institute will begin and all com- mon schools shall be closed during the continuance of the in- stitute. SCHOOL LAWS OF NEBRASKA. Subdiv. 11. SEC. 7. May revoke certificate for non-attendance at in- stitute. The county superintendent may at his discretion revoke the certificate of or refuse to grant a certificate to any teacher who fails or refuses to attend the county or joint institute. Should graduates from the elementary course of the state normal school refuse to attend such institute it shall be the duty of the, .county superintendent to report said refusal to the principal of the normal school who shall revoke the certificate of said normal graduate; Provided, That the county superintendent may excuse experienced teachers from such attendance when application is made before the opening of the institute and satis- factory reasons for absence are given in writing by such teachers. SUBDIVISION XL SCHOOL FUNDS. 1. Common school fund. 2. Collection of. 3. Apportionment to counties. 4. Apportionment to districts. 5. Apportionment to new district. 6. Fractional districts. 7. Record of apportionment. 8. No fees for receiving or paying. 9. Misuse of funds. 10. Certificate of financial and census reports. 11. Interest on warrants. 12. Warrants, when payable. 13. Warrant register. 14. Endorsement of warrants when presented. 15. Separate -package for each warrant notice ; 16. Receipts by city treasurer. 17. Treasurer's duties. 18. Failure to keep books penalty. 19. Inspection of books. 20. Failure to notify penalty. 21. Failure to register or pay. 22. Duplicate for lost warrant. 23. Investment of sinking fund. 24. Same. 25. Same cities. 26. Same school districts. SECTION 1 . Common school fund. For the purpose of afford- ing the advantages of free education to all the youth of this state, the state common school fund, in addition to the funds derived from the sale of school lands and interest thereon, and fines and forfeitures, as provided by statutes and the constitu- tion, shall be further increased by annual levy and assessment of not to exceed 1J mills upon the dollar valuation on the grand list of the taxable property of the state; and the amount so levied and assessed shall be collected in the same manner as other state taxes, and when collected, shall be semi-annually dis- tributed to the several counties of this state, in proportion to the enumeration of scholars, and be applied exclusively to the payment of teachers' wages. SEP. 2. County treasurer collect fines, etc. The county SEC. 7. A county superintendent should not revoke a teacher's certificate on a partial hearing, but should act in such matters only after a full hearipg of the evidence for and against such revocation. SEC. 1. See section 75, chapter 77, Compiled Statutes. Cited 5 Neb., 102, 303. 14 Id., 477. Occupation tax. 17 Neb., 219. 19 Id., 191. 27 Id., 64. SBC. 2. Cited 5 Neb,, 809. 9 Id., 352, 403. 40 Id., 298. Subdiv. 11. SCHOOL FUNDS. 63 treasurer shall collect, or cause to be collected, the fines and all moneys for school purposes in his county, and take all proper measures to secure to each district its full amount of school fund, and all county treasurers shall report to the state treas- urer and state auditor semi-annually, on or before the third Monday of April and the first Monday of November, and at such other times as the auditor may require, a statement showing the whole amount of moneys collected on account of state, county, and district school tax, and from all other sources respectively, noting the interest separately, and the amount received on ac- count of licenses and fines, and from all other sources from which school funds are derived, together with a statement show- ing the amount paid out, to whom, and on what account, and at the same time the county treasurer shall pay over to the state treasurer all funds and moneys, from whatever source derived, belonging to the general school fund in his hands and make a settlement thereof with the state treasurer. SEC. 3. State treasurer make exhibit of school moneys. The state treasurer shall, semi-annually, on or before the third Monday in May and the first Monday in December, make a com- plete exhibit of all moneys belonging to the school fund of this state, as returned to him from the several counties, together with the amount derived from other sources, and deliver the same duly certified to the state superintendent; and within twenty days thereafter the state superintendent shall make the appor- tionment of said funds to such counties according to the pro rata enumeration of scholars in each county last returned from the county superintendent, and certify the apportionment of each to the county superintendent of the proper county and to the state auditor, who shall draw a warrant on the state treasurer in favor of the various counties for the amount so specified by the state superintendent. SECS. 3 and 4. The enumeration of pupils, on which this apportionment Is based, must be made within ten days preceding the last Monday in June. See section 12, subdivision 4. The constitution of 1875 (article VIII, section 7) pro- vides that "no apportionment shall be made from said fund to any district for the year in which school is not maintained at least three months." Where the new district is formed in whole or in part from unorganized territory which could have no school the year before, such a district must have at least three months' school previous to the time of taking annual census of children and report the same to the county superintendent before it can draw state funds. Money cannot be apportioned to counties unless the county superintendent makes a report. In order that a district be entitled to share in the apportionments made In December and June of each school year, the following conditions are necessary! The amount of school specified in section 14, of subdivision 2, must have been taught in the district in the school year which ended with the second Monday of the preceding July; the census must have been made at the proper time; and the proper reports must have been made to the county superintendent. See sections 12 and 17, of subdivision 4, and section 10 t of subdivision U. 64 SCHOOL LAWS OF NEBRASKA. Subdiv. 11. SBO. 4. Apportionment of funds to districts. The several county superintendents shall immediately, and within twenty days after receiving such apportionment, and after adding thereto all moneys received by the county treasurer on account of fines and licenses, apportion the entire amount as follows, to- wit: One-fourth of the whole amount to be distributed equally to the several districts in the county, and the remaining three- fourths of the whole to be distributed to the several districts in his county pro rata, according to the enumeration of scholars last returned by the directors of the various districts, and no district, city, or village which shall have failed to eustain a school for the length of time required by section 14, subdivision II., of this chapter, shall be entitled to receive any portion of the fund. SEC. 5. New districts. When a district is formed from other districts where during the preceding school year school had been kept open the term required by law, such new district will be held and deemed to have had school the lawful time, and appor- tionment shall be made to it accordingly. SEC. 6. Fractional districts. In making the " one-fourth" apportionment each fractional district shall receive one-half as much as a full district. SEC. 7. Record of apportionment. The county superintend- ent shall, immediately after making such apportionment, enter the sard as hereinafter provided. SEC. 6. Meetings. That the regular meetings of the boards of education shall be held upon the first Monday of each month; but special meetings may be held from time to time, as circum- stances may demand, and all meetings of the board shall be open to the public, unless otherwise specially ordered. SEC. 7. Officers Rules. That the boards of education shall have power to select their own officers and make their own rules and regulations subject to the provisions of this subdivision and of this act; but no member of the board, except the secretary, shall accept or receive any compensation for services performed in discharging the duties of his office. SEC. 8. Election of officers. The term of members elected shall begin with the first Monday in May succeeding their elec- tion each year, and the members of the board shall thereupon elect a president and vice-president from their own number, and a sec- retary either from their own number or outside, in the discretion of the board, and they shall determine the salary of such secre- tary not to exceed however $720.00 per annum, provided that the limitation of salary shall not apply to school districts compris- ing territory within the corporate limits of cities of the first class having a population of more than 40,000 and less than 100,000. Each of said officers shall serve for the term of one year or until, their successors are elected and qualified. They may also elect at any regular meeting one superintendent of public instruction with such salary as the board may deem best, and they may enter into contract with him in accordance with their discretion, for a term not to exceed three years. The election of the officers of the board, of the superintendent and teachers, and all elections for filling vacancies on the board shall be by ballot, and no person shall be declared elected except he receive the vote of a maioritv of all the members of the board. Subdiv. 14. SCHOOLS IN CITIES. 77 SEC. 9. President. That it shall be the duty of the president to preside at all meetings of the board, to appoint all committees whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn upon the city treasurer for school moneys. SEC. 10. Vice president. That it shall be the duty of the vice president to perform all the duties of the president in case of his absence or disability. SEC. 1 1 .Secretary. That it shall be the duty of the secretary to be present at all meetings of the board, to keep an accurate journal of its proceedings, to take charge of its books and docu- ments, to countersign all warrants for school moneys drawn upon the city treasurer by order of the board, to apply for and receive school funds from the county treasurer, or other person to whom such funds are payable by law, and deposit the same with the treasurer of the board, and to perform all such other clerical duties as the board may require; and for his services he shall receive such salary as the board may deem adequate. SEC. 12. Secretary's bond. That before entering upon the discharge of his duties the secretary of the board shall give bonds in the sum of not less than one thousand dollars, to be determined by the board with good and sufficient sureties, and shall take and subscribe an oath or affirmation before a proper officer, that he will support the constitution of the state of Nebraska, and faithfully perform the duties of his office. SEC. 13. Treasurer. That the city treasurer of such city shall be ex officio treasurer of the school district. He shall attend all meetings of the board when required so to do, and he shall prepare and submit in writing a monthly report of the state of its finances, and he shall pay school moneys only upon war- rants signed by the president of the board or, in his absence, by the vice president, and countersigned by the secretary. He shall give a bond payable to the county in such sum as may be fixed by the board of education, which bond shall be signed by one or more surety companies of recognized responsibility, and the cost of such bond shall be paid by the school district. SEC. 1 4. Property and funds. That within ten days after the permanent organization of a board of education, as provided for in this subdivision, it shall be the duty of all officers of school districts within the limits of cities aforesaid to deliver to the officers of the board all property, funds, and papers entrusted to their care, for the use of the public schools of such cities, and 78 SCHOOL LAWS OF NEBRASKA. Subdiv. 14 all funds thus received shall be immediately paid to the treas- urer of the board, and be by him placed to the credit of the school district provided by this subdivision. SEC. 1 5. Vacancies, how filled. That the boards of educa- tion shall have power to fill any vacancies which may occur in their body from among the legal voters who are taxpayers; Provided Vacancy filled by election. That any vacancy occurring more than ten days previous to the annual city elec- tions, and leaving an unexpired term of more than one year, shall be filled at the first city election thereafter, and the ballots and returns shall be designated as follows: "To fill unexpired term." SEC. 16. Quorum. That a majority of all the members of each board of education shall constitute a quorum, but a less number in attendance at any regular meeting shall have, and a quorum at any special meeting may have, power to compel the attendance of absent members, in such a manner, and under such penalties as such board shall see fit to prescribe; and the absence of any member from four consecutive regular meetings of the board, unless on account of sickness or consent of the board, removal from the district, or resignation accepted by the board, shall vacate his position on the board, and such vacancy shall be filled in accordance with the provisions of this subdivision. SEC. 17. Accounts audited. That all accounts shall be audited by the secretary, approved by a committee, to be styled the committee on claims, and no expenditure greater than two hundred dollars shall be voted by the board, except in accord- ance with the provisions of a written contract; nor shall any money be appropriated out of the school fund, except on a re- corded affirmative vote of a majority of all the members of the board, and said accounts and the records of said board in cities of the first class shall at all times be subject to the inspection and examination of the auditor of such city, whose duty it shall be each month to examine said records and check said accounts, and from time to time, as may be required by ordinance or reso- lution of the city council, report to said council the nature and state of said accounts, and any facts that may be required con- cerning said records. SEC. 18. Census. That the boards of education shall annually cause to be taken an enumeration of all persons between the ages of five and twenty-one years, residing in the district, who shall report the same, together with such other information as required by sections one [12] and seventeen of subdivision IV. Sulxliv. 14. SCHOOLS IN CITIES. 79 of this chapter, to the -county superintendent of public instruc- tion, at the time specified by law for like returns from other dis- tricts. SEO. 19. Teachers' certificates. That all persons making applications to boards of education as teachers in graded and high schools therein shall be required to produce a legal certifi- cate given by some authority authorized to grant teachers' cer- tificates or from an examining committee appointed by the board. And for such purpose the board of education is author- ized to appoint three competent persons, at such times as may be deemed expedient, who sihall be styled "the examining com- mittee of the board of education," and whose duty it shall be to examine all persons who may apply to them as teachers, and teachers receiving such certificates setting forth that such per- son is competent to teach in the public schools of the city, and is a person of good moral character, shall be entitled to all the benefits arising from a certificate issued to any teacher under the laws of this state. Any certificate granted by such -com- mittee may be revoked by the board of education, for any reason which would have justified the withholding thereof when the same was granted, or for gross negligence of duty, incompe- tency, or immorality. SEC. 20. Contract with member illegal. It. shall be un- lawful for any member of the board of education to have any pecuniary interest, either directly or indirectly, in any contract for the erection of schoolhouses, or for warming, ventilating, furnishing, or repairing the same, or be in any manner con- nected with the furnishing of supplies for the maintenance of the schools. SEC. 21. Sale of district property. No school property of any kind belonging to any school district shall be sold by the board of education, except [upon an order passed] at a regular meeting of the same, and not then without an affirmative re- corded vote of at least two-thirds of all the members of the board. SEC. 22. Payment of debts of superseded districts. Each of the school districts provided for in section 1 of this subdivision shall have the power, and it shall be the duty of the board of education, to provide for the payment of debts created by school districts or other school organizations superseded by the districts herein provided for, when such debts shall have been incurred in the erection of schoolhouses, or for other school 80 SCHOOL LAWS OF NEBRASKA. SubdlV. 14 purposes; if any portion of such debts shall be in the form of bonds, if issued for a valuable consideration, and in accordance with law, the validity of which has not been called in question, or if called in question have been declared by courts of last resort to be valid, the holder or holders thereof, on surrendering the same to said board, shall have the right to demand, and it shall be the duty of said board, in the name of the district cre- ated by this subdivision, to cause to be issued other bonds of like amount, of the same tenor and effect as to payment of prin- cipal and interest as the bonds surrendered. This provision shall also apply to cases where only a part of a district shall be embraced within the district created by this subdivision, when- ever said fractional part shall petition and become a part of said district, as provided for in section 1 of this subdivision; Provided Apportionment of indebtedness. The latter shall assume and pay only such proportion of the debt of the divided district as the assessed valuation of the part taken therefrom shall bear to the assessed valuation of the part remaining. In case of a division of one or more school districts for the purpose of forming one school district within the limits of a city of the first class, it shall be the duty of the county superintendent of public instruction, the president of the board of education, and the director of the school district, to appraise and adjust all claims or assets in such a manner that each district shall bear its proportion of the indebtedness, as heretofore provided, and have its proportion of the assets of said district. SEO. 23. Estimate of funds needed. That the board of education shall annually, during the month of June, report to the county commissioners an estimate of the amount of funds required for the support of the schools during the fiscal year next ensuing, the amount of funds required for the purchase of school sites, the erection of school buildings, the payment of in- terest upon all bonds issued for school purposes, and the crea- tion of a sinking fund for the payment of such indebtedness; and the county commissioners are hereby authorized and required to levy and collect the necessary amounts the same as other taxes; a duplicate of said certificate shall be filed by the board with the city council. SEC. 24. Limitation of taxation Bonds.That the aggre- gate school tax, exclusive of school bond taxes, shall in no one year exceed twenty-five mills. Provided that in cities of the first SEC. 23. Cited 36 Neb.. 263. Subdiv. 14. SCHOOLS IN CITIES. 81 class having a population of more than forty thousand a school tax, exclusive of school bond taxes, may be levied that will yield a revenue of $150,000.00 each year. But the board of education may borrow money upon bonds which they are hereby authorized and empowered to issue, bearing a rate of interest not to exceed six per cent per annum, payable annually or semi-annually at such place as may be mentioned upon the face of the bonds; which loan shall be paid and reimbursed in a period not exceed- ing thirty years from the date of said bonds. Provided that no bonds shall be issued nor the question of issue submitted to the voters without the consent of two-thirds of the members of the board of education, and be offered in the open market and sold to the highest bidder for not less than par value of the dollar; and provided further that no bonds shall be issued by the board of education without first submitting the proposition of issuing said bonds at an election called for that purpose, or at any regular election, notice whereof shall be given for at least twenty days in one or more papers published within the district to the qualified voters of the district and if a majority of the ballots cast at such election shall be for issuing bonds, said board may issue bonds in such amount as may be named in the election notice. Provided that in cities of the first class having over twenty-five thousand inhabitants if such question is submitted at a special election, it shall require to carry the same a two- thirds majority of the votes cast at said election. SEC. 25. Taxes. That all taxes collected for the benefit of the public schools shall be paid in money, and shall be subject to the order of the board of education. SEC. 26. Interest. That the board of education is hereby authorized and required to provide, before the same shall be- come due, for the interest on all bonds issued by the district; they shall also, immediately after the expiration of one-half of the time for which said bonds are issued, proceed to set apart each year, for a sinking fund, a requisite amount or proportion sufficient to pay the principal of said bonds when they shall become due. All moneys set apart for said sinking fund shall be invested: First Investment District bonds. In the purchase and redemption of bonda of the school district, which bonds shall be purchased in open market, in such manner as the board of edu- cation shall prescribe. Second County bonds. In bonds of the county in which the city is situated* 82 SCHOOL LAWS OF NEBRASKA. Subdiv. 14. Third State bonds In bonds of the state of Nebraska. Fourth U. S. bonds. In U. S, bonds. Fifth City bonds. In bonds of the city. SEC. 27. Purchase of bonds before maturity. That if it shall be deemed advisable by the board of education to purchase bonds issued under the provisions of this chapter, before ma- turity, the treasurer shall sell to the highest bidder, in open market, and in a manner prescribed by the board, such bonds or securities as shall belong to the school funds, and the proceeds thereof shall apply to purchase of bonds herein provided for. SEC. 28. Control of funds. That all moneys arising from any source whatever, which, under any prior act or acts of the legislature of this state, are payable to any school fund of any city of the state, or any moneys which are required to be set apart by the treasurer of any such city for the support and main- tenance of any school heretofore organized therein, under any general or special law, shall, on and after the passage of this subdivision, be payable to the treasurer of the board of educa- tion, and shall be used only for the purpose specified in this subdivision. SUBDIVISION XlVa. SCHOOLS IN CITIES. 1. District body corporate. 2. Control. 3. Board of education. 4. Election women. 5. Oath of office. 6. Meetings. 7. Officers rules. . 8. Election of officers. 9. President. 10. Vice president. 11. Secretary. 12. Salary of members. 13. Bond of members. 14. Secretary, oath, bond. 15. Treasurer, bond. 16. Attorney. 17. Property and funds. 18. Vacancies. 19. Quorum, vacancy. 20. Accounts, expenditures. 21. Census. 22. Teachers' certificates. 23. Contract, board interested In. 24. Sale of property. 25. Payment of 'debts. 26. Estimate of expenses. 27. Limitation of taxation, bonds. 28. Taxes. 29. Warrants. 30. Interest. 31. Bonds, purchase before maturity. 32. Control of funds. SECTION 1. District Body corporate. That each incorpo- rated city of the first class in the state of Nebraska, having less .than forty thousand and more than twenty-five thousand inhab- itants, or those hereinafter incorporated as such, including such adjacent territory, as now is, or hereafter may be, attached for school purposes, shall constitute one school district and be known by the name of the school district of (name of city), in the county of (name of county), in the state of Nebraska, and as such, in that name, shall be a body corporate, and possess all the Subdiv. 140. SCHOOLS IN CITIES. 83 usual powers of a corporation for public purposes, and in that name and style may sue and be sued, purchase, hold and sell such personal and real estate and contract such obligations as are authorized by law; and the title to all school buildings, or other property, real or personal, owned by any school district within the corporate limits of cities of the first class having less than forty thousand and more than twenty-five thousand inhab- itants, shall, upon the organization of a district under the pro- visions of this act, vest immediately in the new district, and the board of education, by this act provided, shall have exclusive control of the same for all purposes in this act contemplated. SEC. 2. Control. That all schools organized within the limits of said cities shall be under the direction and control of the boards of education authorized by this act. Such schools shall be free to all children between the ages of five and twenty-one years, whose parents and guardians live within the limits of said school district, and all children of school age non-residents of said district who are, or may be, by law allowed to attend said schools without charge. SEC. 3. Board of education, how constituted. That the boards of education contemplated by this act shall consist of five members, who shall be elected upon a general ticket from among the legal voters who are freeholders, at the time for holding the general city election. Provided, that the members of boards of education in cities organized under this act, whose terms are unexpired shall hold their offices for the unexpired terms, and until the annual city election of 1904 said boards of education shall consist of six members. At the annual city election of 1903 in cities organized under this act no election shall be held for the election of members of the boards of education in said cities. At the annual city election of 1904, held after organizing under this act, there shall be elected two members of the boards of education in said cities, who shall serve for a term of three years and until .their successors are elected and qualified; and every third year thereafter their successors shall be elected for a term of three years, and all members so elected shall serve until their successors are elected and qualified. At the annual city election of 1905, held after organizing under this act, there shall be elected three members of the boards of education in said cities, who shall serve for a term of three years and until their successors shall be elected and qualified; and every third year thereafter their successors shall be elected for a term of three years, and all members so elected shall serve until their successors are 84 SCHOOL LAWS OF NEBRASKA. Subdiv. 14 tf. elected and qualified. It shall be the duty of the mayor of any city organized under the provisions of this act, to give public notice thereof of the number of persons who shall be chosen by them as members of a board of education for the school district of (name of city) at the annual election for city officers. SEC. 4. Election Women. That the ballots for the election of members of the board of education, for authorizing the issu- ance of bonds, or the purchase of sites, and erection of buildings, shall in all cases be deposited in boxes especially prepared for that purpose, and be received and returns made by the regular election board ; but the returns for the election of members shall be canvassed in the same manner as provided for in the case of city officers; the returns for the issuance of bonds, purchase of sites, and the erection of buildings, shall be made to, and can- vassed by, the board of education. Provided -that all women of the age of twenty-one years, who are residents and citizens of the cities included under the provisions of this act, and who have property assessed in their own names, or who have children of school age, shall be entitled to vote for members of the board of education, and upon all matters pertaining to the schools of said cities. Any woman desiring to vote as aforesaid shall not be re- quired to register under the general registration laws applying to cities coming under the provisions of this act, but before she shall be allowed to vote as aforesaid, she shall be compelled to take oath before the election board in the precinct in which she desires to vote, that she has been a resident of said precinct for a period of ten days, a resident of said county and city for a period of forty days, and a resident of the state of Nebraska for a period of six months; that she is twenty-one years of age, and has property assessed in her own name or has children of school age. SEC. 5. Oath of office. That all persons elected as members of boards of education shall on or before the first Monday of the month following their election, take and subscribe the usual oath of office. In case any person elected shall fail so to do, his elec- tion shall be void, and the vacancy thereby occasioned shall be filled by the board, as hereinafter provided. SEC. 6. Meetings. That the regular meetings of the boards of education shall be held upon the first Monday of each month ; but special meetings may be held, from time to time, as circum- stances may demand, and all meetings of the board shall be open to the public, unless otherwise especially ordered. Subdiv. 14a. SCHOOLS IN CITIES. 85 SEC. 7. Officers Rules. That the boards of education shall have power to select their own officers, and make their own rules and regulations subject to the provisions of this act and the gen- eral school laws. SEC. 8. Election of officers Secretary Superintendent. The term of members elected shall begin with the first Monday in May succeeding their election each year, and the members of the board shall thereupon elect a president and vice-president, from their own number, and a secretary either from their own number or outside, in the discretion of the board, and they shall determine the salary of such secretary not to exceed, however, $720.00 per annum. Each of said officers shall serve for the term of one year, or -until their successors are elected and qual- ified. They may also elect at any regular meeting one superin- tendent of public instruction, with such salary as the board may deem best, and they may enter into contract with him, in ac- cordance with their discretion, for a term not to exceed three years. The election of the officers of the board, of the superin- tendent and teachers, and all elections for filling vacancies in the board shall be by ballot, and no person shall be declared elected except he receives the vote of a majority of all the members of the board. SEC. 9. President. That it shall be the duty of the president to preside at all meetings of the board, to appoint all committees, whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn upon the city treasurer for school moneys. SEC. 10. Vice president. That it shall be the duty of the vice-president to perform all duties of the president, in case of his absence or disability. SEC. 1 1 . Secretary. That it shall be the duty of the secretary to be present at all meetings of the board, to keep an accurate journal of its proceedings, to take charge of its books and docu- ments, to countersign all warrants for school moneys drawn. upon the city treasurer by order of the board, to apply for and receive school funds from the county treasurer, or other persons to whom such funds are payable by law and deposit the same with the treasurer of the board and to perform all such other clerical duties as the board may require; and for his services he shall receive such salary as the board may deem adequate. SBC. 12. Salary of members. That each member of the board of education shall receive a salary of three hundred dol- 86 SCHOOL LAWS OF NEBRASKA. Subdiv. lars per annum, payable in monthly installments of twenty-five dollars each. SEC. 13. Bond of members. That each member of the board of education, befose entering upon the duties of his office, shall be required to give a bond to the school district. Said bond is to run to the school district of (name of city) in the county of (name of county) in the state of Nebraska, and shall be fur- nished by a surety company of recognized responsibility, and each bond shall be in the sum of two thousand dollars and shall be conditioned for the faithful and honest discharge of the duties of the member of the board of education giving the same, and shall be further conditioned that if said member of the board of education shall vote for any expenditure or appropriation of money, or the creation of any liability in excess of the amount allowed by law, that such member of the board of education and the surety signing said bond shall be liable thereon for such wrongful expenditure, appropriation or liability. Such bond shall be filed with and approved by the treasurer of said school district, and any liability sought to be incurred or debt created in excess of the amount limited or authorized by law shall be taken and held by every court of the state as the joint and several liability and obligation of the member of the board of education so voting for the same, and not the debt, liability or obligation of the school district; and voting for or approving of such liability, obligation or debt, shall be conclusive evidence of malfeasance in office and for which said member of the board of education may be removed from his office. An action, for the recovery of money wrongfully and unlawfully expended and appropriated as above, may be brought by any resident tax-payer of said school district, for the benefit of and in the name of said school district, upon his giving a good and sufficient bond, approved by the court, conditioned for the payment of the costs of said action. Sssc. 14. Secretary Oath Bond. That before entering upon the discharge of his duties the secretary of the board, if he be not a member of the board, shall give bonds to said school district in the sum of two thousand dollars, in a surety company of recognized responsibility, conditioned for the faithful perform- ance of his duties as secretary. Should the secretary be elected from the members of the board he shall be required to give no other and further bond than the one required of members of boards of education by this act. Said secretary shall take and subscribe an oath or affirmation, before a proper officer, that he Subdiv. 14a. SCHOOLS IN CITIES. 87 will support the constitution of the state of Nebraska, and faith- fully perform the duties of his office. SEC. 15. Treasurer Bond. That the city treasurer of such city shall be ex-officio treasurer of the school district. He shall attend all meetings of the board when required so to do and he shall prepare and submit in writing a monthly report of the state of its finances and he shall pay school moneys only upon warrant signed by the president of the board or, in his absence, by the vice-president, and countersigned by the secretary. He shall give a bond payable to the county in such sum as may be fixed by the board of education, which bond shall be signed by one or more surety companies of recognized responsibility, and the cost of such bond shall be paid by the school district. SEC. 16. Attorney. That said board of education shall have power to elect an attorney for said board, and may enter into a contract with him for a term not to exceed one year. Said at- torney shall receive a salary of three hundred dollars per annum, payable in monthly installments of twenty-five dollars each. He shall give bond to said school district in the sum of two thousand dollars, in a surety company of recognized responsibility, condi- tioned for the faithful performance of his duties as attorney for said board, the cost of said bond to be paid by the school district. SEC. 17. Property and funds. That within ten days after the permanent organization of a board of education, as provided for in this act, it shall be the duty of all officers of school districts within the limits of cities aforesaid, to deliver to the officers of the board, all property, funds, and papers entrusted to their care, for the use of the public schools in such cities, and all funds thus received shall be immediately paid to the treasurer of the board and be by him placed to the credit of the school district pro- vided by this act. SEC. 18. Vacancies. That the boards of education shall have power to fill any vacancies which may occur in the body from among the legal voters who are tax payers ; Provided, that any vacancy occurring more than ten days previous to the annual city election, and leaving an unexpired term of more than one year, shall be filled at the first city election thereafter, and the ballots and returns shall be designated as follows: "to fill unex- pired term." 'SEC. 19. Quorum Vacancy. That a majority of all mem- bers of each board of education shall constitute a quorum, but a 88 SCHOOL LAWS OF NEBRASKA. Subdiv. 140. less number in attendance, at any regular meeting, shall have, and a quorum at any special meeting may have, power to compel the attendance of absent members, in such manner, and under such penalties as such board shall see fit to prescribe, and the absence of any member from four consecutive regular meetings of the board unless on account of sickness or consent of the board, re- moval from the district or resignation accepted by the board, shall vacate his position on the board, and such vacancy shall be filled in accordance with the provisions of this subdivision. SEC. 20. Accounts Expenditures. That all accounts shall be audited by the secretary, approved by a committee, to be styled the committee on claims, and no expenditure greater than two hundred dollars shall be voted by the board, except in accord- ance with the provisions of a written contract; nor shall any money be appropriated out of the school fund, except on a re- corded affirmative vote of a majority of all the members of the board. Provided, that no expenditure of money, by contract or otherwise, for supplies for said school district, purchase of school sites, erection of new buildings or for any other purpose, except payment of teachers' salaries and the salaries of employes of the district, shall be made in excess of two hundred dollars, without first advertising for bids for a period of ten days in a legal newspaper of general circulation in said city and school district, particularly specifying the purpose for which said con- tract is to be let and said expenditures of money made. All bids must be delivered sealed to the secretary of the board and opened in the presence of the board at a meeting of the same. The con- tract shall then be let to the lowest bidder. Each bid must be accompanied by a certified check, in an amount to be fixed by the board. When said contract is awarded the checks of unsuc- cessful bidders shall be returned, but the check of the successful bidder shall be retained until his contract is fully performed. Said accounts and the records of said board in cities organized under this act shall at all times be subject to the inspection and examination of the auditor of such city, whose duty it shall be each month to examine said records and check said accounts, and from time to time, as may be required by ordinance or resolution of the city council, report to said council the nature and state of said accounts, and any facts that may be required concerning said records. SEC. 2 1 .Census. That the boards of education shall annually cause to be taken an enumeration of all persons between the ages of five and twenty-one years, residing in the district, who shall Subdiv. 14#. SCHOOLS IN CITIES. 89 report the same, together with such other information as may be ' required by law to the county superintendent of public instruc- tion at the time specified by law for like returns from other dis- tricts. SEC. 22. Teachers' certificates. That all persons making application to the boards of education as teachers in graded and high schools therein, shall be required to produce a legal certifi- cate given by some authority authorized to grant teachers' certifi- cates or from an examining committee appointed by the board. And for such purpose the board of education is authorized to appoint three competent persons, at such times as may be deemed expedient, who shall be styled "the examining committee of the board of education/- and whose duty it shall be to examine all persons who may apply to them as teachers, and teachers re- ceiving such certificates setting forth that such person is compe- tent to teach in the public schools of the city, and is a person of good moral character, shall be entitled to all the benefits arising from a certificate issued to any teacher under the laws of this state. Any certificate granted by such committee may be re- voked by the board of education, for any reason which would have justified the withholding thereof when the same was granted, or for gross neglect of duty, incompetency, or immorality. BEC. 23. Board interested in contract. It shall be unlaw- ful for any member of the board of education to have any pe- cuniary interests, either directly or indirectly, in any contract for the erection of school houses, or for warming, ventilating, furnishing, or repairing the same, or to be in any manner con- nected with the furnishing of supplies for the maintenance of the schools. SEC. 24. Sale of district property. No school property of any kind belonging to any school district shall be sold by the board of education, except at a regular meeting of the same, and not then without an affirmative recorded vote of at least two- thirds of all the members of the board. SEC. 25. Payment of debts. Each of the school districts provided for in section one of this act shall have the power, and it shall be the duty of the board of education, to provide for the payment of debts created by school districts or other school or- ganizations superseded by the district herein provided for, when such debts shall have been incurred in the erection of school houses, or for other school purposes ; if any portion of such debts shall be in the form of a bond, if issued for a valuable considera- 90 SCHOOL LAWS OP NEBRASKA. Subdiv. tion and in accordance with law, the validity of which has not been called in question, or if called in question, has been de- clared by courts of last resort to be valid, the holder or holders thereof on surrendering the same to said board, shall have the right to demand, and it shall be the duty of said board, in the name of the district created by this act, to cause to be issued other bonds of like amount of the same tenor and effect as to payment of principal and interest as the bonds surrendered. This .provision shall also apply to cases where only a part of a district shall be embraced within the district created by this act. Provided, The latter shall assume and pay only such pro- portion of the debt of the divided district as the assessed valua- tion of the part remaining. In case of a division of one or more school districts for the purpose of forming one school district within the limits of a city coming under this act, it shall be the duty of the county superintendent of public instruction, the president of the board of education, and the director of the school district, to appraise and adjust all claims as assets in such man- ner that each district shall bear its proportion of the indebted- ness, as heretofore provided, and have its proportion of the assets of said district. SEC. 26. Estimate of expenses. That the board of educa- tion shall annually during the month of June, report to the county commissioner an estimate of the amount of funds re- quired for the support of the school during the fiscal year next ensuing particularly designating the amount of funds required for each of the following purposes: Purchase of new school sites, erection of school buildings, and building and ground repairs. Teachers' salaries. Janitors. Furniture and supplies. Payment of interest on bonds issued for school purposes. Sinking fund for payment of bonded indebtedness. Miscellaneous expenses. Thereupon the county commissioners are hereby authorized and required to levy and collect the necessary amounts the same as other taxes. Each and every fund created by said levy by the county commissioners as aforesaid shall be strictly devoted to the purpose for which it was created, and shall not be diverted, transferred or borrowed therefrom. Any member of the board of education voting to so divert, transfer, or borrow the money of any fund shall be liable on his official bond for the amount Subdiv. 14a. SCHOOLS IN CITIES. 91 so diverted, transferred, or borrowed. An action for the recov- ery of said amount so diverted or transferred may be brought by any resident taxpayer of said school district, for the benefit, and in the name of said school district, upon his giving a good and sufficient bond, to be fixed by the court in which said suit is brought, conditioned for the payment of the costs of said action. SEC. 27. Limitation of taxation Bonds. That the aggre- gate school tax, exclusive of school bond taxes, shall in no one year exceed fifteen (15) mills upon all the taxable property of the district, but the board of education may borrow money upon the bonds, which they are hereby authorized and empowered to issue, bearing a rate of interest not exceeding six (6) per centum per annum, payable annually or send-annually at such place as may be mentioned upon the face of such bonds ; which loan shall be paid and reimbursed in a period not exceeding thirty (30) years from the date of said bonds; Provided, That no bonds shall be issued nor question of issue be submitted to the electors without the consent of two-thirds () of the members of the board of education, and be offered in open market and sold to. the highest bidder for not less than par value on each dollar; and Provided, That no bonds shall be issued by the board of educa- tion without first submitting the proposition of issuing said bonds, at an election called for that purpose, or at any regular election, notice whereof shall be given for at least twenty (20) days in one or more papers published within the district, and if a majority of the ballots cast on said proposition shall be for issuing bonds, said board may issue bonds in such amount as shall be named in their election notice; Provided, if said ques- tion is submitted at a special election it shall require to carry the same a majority of the votes cast at said election. That no special election for the submission of the proposition of the issu- ance of bonds shall be called except upon the affirmative vote of two-thirds of the members elected to the board of education. If at any time two-thirds of the members elected to the board of education shall vote to submit the proposition of the issuance of bonds for school purposes, to the electors of the city, the secre- tary of the board shall certify such vote to the mayor or acting mayor of the city (naming the purpose for which said bonds are to be issued) and within ten days after ttfe receipt of said notice from the secretary, the mayor, or acting mayor, of the city, shall call a special election of the electors of said city to vote upon said proposition. Notice of said election shall be given for at 92 SCHOOL LAWS OF NEBRASKA. Subdiv. 14. least twenty days in one or more papers published within the district, and said notice shall specify the purpose for which said bonds are to be issued. The returns of said special election shall be canvassed by the board of education as provided in section 4 of this act. SEC. 28. Taxes. That all taxes collected for the benefit of the public school shall be paid in money, and shall be subject to the order of the board of education. SEC. 29. Warrants. That if at any time the funds in the hands of the treasurer of said school district, in one or all of the funds provided for in this act, shall become exhausted, and there shall be no funds to meet the obligations of said school district, then and in that case the board of education is hereby authorized and empowered to issue warrants against the annual levy of each particular fund, for that year for the purpose for which said fund is created, in an amount not to exceed ninety per cent of said funds, which warrant shall be registered by said treasurer, and draw interest from the date of the registration at the rate of six (6) per cent per annum. Provided, that no warrants shall be drawn against any of said funds except for the purpose for which said funds is created by this act. All warrants shall be drawn by the secretary upon the treasurer, and must be signed by the president and secretary stating the particular fund or appropria- tion to which the same is chargeable and the person to whom pay- able, and no money shall otherwise be paid on account of the school district unless otherwise provided by law. All license moneys and fines shall be placed to the credit of the "teachers' salaries" and "miscellaneous funds" in the amounts which" the board of education may designate, by resolution, at a regular meeting of the board. SEC. 20. Interest. That the board of education is hereby au- thorized and required to provide before the same shall become due, for the interest on all bonds issued by the district; they shall also, immediately after the expiration of one-half of the time for which said bonds are issued, proceed to set apart, each year, for a sinking fund, a requisite amount, or proportion, suffi- cient to pay the principal of said bonds when they shall become due. All moneys set apart for the said sinking fund shall be in- vested : First. In the purchase and redemption of bonds of the school district, which bonds shall be purchased in open market, in such a manner as the board of education shall prescribe. Sec- ond. In bonds of the county in which the city is situated. Third. Subdiv. 15. SCHOOL DISTRICT BONDS. 93 In bonds of the state of Nebraska. Fourth. In United States bonds. Fifth. In bonds of the city. SEC. 31. Bonds, purchase of before maturity. That if it shall be deemed advisable by the board of education to purchase bonds issued under the provisions of this chapter, before ma- turity, the treasurer shall sell to the highest bidder, in open market, and in a manner prescribed by the board, such bonds or securities as shall belong to the school funds, and the proceeds thereof shall apply to purchase of bonds herein provided for. SEC. 32. Control of funds. That all moneys arising from any source whatever, which under any prior act or acts of the legislature of this state, are payable to any school fund of any city of the state, or any moneys which are required to be set apart by the treasurer of any such city for the support, and main- tenance of any school heretofore organized herein, under any general or special law, shall, on or after the passage of this sub- division, be payable to the treasurer of the board of education, and shall be used only for the purpose specified in this subdi- vision. SUBDIVISION XV. SCHOOL DISTRICT BONDS. 1. Bonds, when issued. 2. Election to vote bonds. 3. Petition for submission. 4. Amount of bonds. 6. Same. 6. Rate of interest. 7. Description of bonds. 8. Statement by district officers. 9. Registration by auditor. 10. Certificate of registration. 11. Non-registry. 12. Effect of act on bonds heretofore issued. 13. Taxation for payment Sinking fund. 14. School district defined. 15. Excess of tax over payment due 16. Payment, where and how made. 17. County treasurer liable. 18. Cancellation. 19. Acts repealed. 20. Refunding bonds. 21. New bonds, description. 22. How issued and paid. 23. High school redemption bands. 24. Condition, description. 25. Disposition Proceeds. 2(5. Issuance Payment. 27. Compromising indebtedness. 28. Negotiations. 29. Petition. 30. Record -Description Payment. 31. Record of proceedings. 32. Detaching coupons. Investment Notice. SECTION 1. Bonds, when issued. The district officers of any school district in Nebraska shall have power to issue the bonds of the district, for the purpose of purchasing a site for, and erecting thereon, a schoolhouse or schoolhouses, and furnishing the same, in such district, on the terms and conditions set forth in the succeeding sections of this act. . SUED. XV, See 8 Neb., 95, 168, 179. 10 Id.. 552. 12 Id., 259. 13 Id., 81, 89, 470. 14 Id., 381. Where several districts are consolidated, the new district not only be- comes invested with all property rights of the former, but also becomes answer- able for their debts. 15 Neb., 3. 16 Id., 187. 19 Id., 90, 135. 21 Id., 72o, 22 Id., 700. 01 SCHOOL LAWS OP NEBRASKA. Subdiv. 15. SEC. 2. Election to vote bonds. No bonds shall be issued until the question has been submitted to the qualified electors of the district, and two-thirds of all the qualified electors present and voting on the question shall have declared by their votes in favor of issuing the same, at an election called for the purpose, upon a notice given by the officers of the district at least twenty days prior to such election. SEC. 3. Petition for submission. No vote shall be ordered upon the issuance of such bonds, unless a petition shall be pre- sented to the district board, suggesting that a vote be taken for or against the issuing of such amount of bonds as may therein be asked for, to purchase a site for, or build a sehoolhouse or houses, or for furnishing the necessary furniture and apparatus for the same, or for all of these purposes, which petition shall be signed by at least one-third of the qualified voters of such district; Provided, That the board of education in any city of the metropolitan class may order a vote upon the issuance of such bonds without a petition therefor. SEC. 4. Amount of bonds. That no such bonds shall be issued in the aggregate amount to exceed five per cent (except- ing in districts having over two hundred (200) school children) of the last complete assessment of the taxable property of the district for state and county purposes; nor shall any district issue bonds unless there are at least twelve (12) children of school age residing within such district. SEC. 5. Same. The amount of bonds shall in no case exceed five hundred (500) dollars in those districts having less than twenty-five (25) scholars, and not less than twelve (12) of school age. And the amount of bonds shall not exceed one thousand (1,000) dollars when the number of children of school age are twenty-five (25) or more, and less than fifty (50), and the amount of bonds shall not exceed two thousand (2,000) dollars when the number of children of school age in the district are fifty (50) or more, but less than one hundred (100); and the amount of bonds shall not exceed five thousand (5,000) dollars when the number of children ' of school age in the district are one hundred (100) or more, but less than two hundred (200); and in districts hav- ing two hundred or more school children, such amount as may be agreed upon, not to exceed ten (10) per cent of the assessed valuation of the last completed assessment. SEC. 6. Rate of interest. The bonds issued under this sub- SE-C. 3. "Due-third qualified voters," how ascertained. 41 Neto., 593. Subdiv. 15. SCHOOL DISTRICT BONDS. 95 division shall draw such interest as shall be agreed upon, but not to exceed seven per cent per annum. SEC. 7. Description of bonds. The bonds shall specify on their face the date, amount, for what purpose issued, the time they run, and the rate of interest; shall be printed on good paper, with coupons attached for each year's or half year's in- terest, aad the amount of each year's interest shall be placed in corresponding coupons until such bonds shall become due, in a manner so as to have the last coupon fall due at the same time as the bond; said bonds and coupons thereto attached shall be severally signed by the director, moderator, and treasurer of the district board. SEC. 8. Statement by district officers. It shall be the duty of the proper officers of any school district in which any bonds may be voted under the authority of any law of this state, be- fore the issuance of such bonds, to make a written statement of all proceedings relative to the vote upon the issuance of such bonds, and the notice of the election, manner, and time of giving notice, question of submission, results of a canvass of the vote on the proposition on account of which it is proposed to issue such bonds, together with a full statement of the assessed valua- tion, the number of children of school age residing in the dis- trict, and total bonded indebtedness of the school district voting such bonds. Such statement shall be certified to under oath by the proper school board of the district, and be transmitted with the bonds proposed to be issued, to the auditor of public ac- counts. SEC. 9. Registration by auditor. The auditor shall examine the statement and bonds so submitted to him, and if he be satis- fied that such bonds have been voted in conformity to law, and are in all respects in due form, he shall record the statement and register the bonds in his office, and no such bonds shall be issued or be valid unless they shall be so registered and have endorsed thereon a certificate of said auditor and the secretary of state, showing that such bonds are issued pursuant to law, the data filed in the office of said auditor being the basis of such certifi- cate. SEO. 10. Certificate of registration. Upon the registration of such bonds aforesaid, the auditor of public accounts shall certify the fact to the county clerk of the county in which the district is situated, and also to the proper officers of such school district, and whose duty it shall be to enter the same upon the proper records of such school district, and taxes for the payment 96 SCHOOL LAWS OF NEBRASKA. Subdiv. 15. of such bonds and the interest thereof shall be levied in the manner provided by section thirteen of this act. SEC. 1 1 .Non-registry. If 1 he auditor of public accounts is not satisfied that such bonds have [been] issued according to law, he shall return the same to the proper officer with a cer- tificate to that effect. SEC. 12. -Effect of act on bonds heretofore issued. Bonds heretofore issued under any of the provisions of any law of this state may be registered in the office of the auditor of public ac- counts upon compliance with the provisions of this chapter, but nothing herein contained shall affect the validity of bonds here- tofore issued, and not registered under any law of this state. SEC. 13. Taxation for payment. It shall be the duty of the board of county commissioners in each county to levy annually upon all the taxable property in each school district in such county a tax sufficient to pay the interest accruing upon any bonds issued by such school district, and to provide a sinking fund for the final redemption of the same, such levy to be made with the annual levy of the county, and the taxes collected with other taxes, and when collected shall be, and remain in, the hands of the county treasurer a specific fund for the payment of the interest upon such bonds, and for the final payment of the same at maturity. It shall be the duty of the county clerk to furnish a copy of his register to the county treasurer. SEC. 14. School district defined. That the phrase and ex- pression "school district," as used in the preceding section is hereby declared to mean, intend, and refer to the school district as it existed immediately prior to and at the time of the issuance of any bonds by said school district, including all lands and property and inhabitants comprised and contained in said school district at the time of the issuance of any bonds, and including all and any portions of said district subsequently separated from said district, whether by the formation of a new district or by any change of boundaries of said original district. SEC. 15. Excess of tax over payment due. Any money remaining in the hands of any treasurer, after the payment of interest due on any bonds which are a valid and legal obligation against the school district to which such money belongs, and the retention of a sufficient amount to pay the accruing interest SEG. 13. The county commissioners seem to be required to levy the necessary taxes for the payment of bonded indebtedness of a district without any action of the voters and officers of the district. From Maxwell's Practice, p. 398. Cited 22 Neb.. 700. SEC. 14. Cited 19 Neb.. 485. 15 Id.. L Subdiv. 15. SCHOOL DISTRICT BONDS. 97 upon such bonds for the current year, shall be retained as a sinking fund for the final redemption of such bonds, and shall be, by the treasurer, when so ordered by the school board, in- vested as follows, to-wit : First, in redeeming bonds of the school district issuing the same; second, in registered bonds of the county in which the district is situated; third, in the bonds of the state of Nebraska; fourth, in the bonds of the United States; Provided, That the bonds thus purchased shall in all cases be purchased at the lowest market price, after twenty days' notice by publication in at least one newspaper published and in gen- eral circulation at the capital city or town of the state ; the cost of which advertising, at legal rates, shall be paid out of the sink- ing fund for the redemption of such bonds. SEC. 16. Payment, where and how made. When the in- terest and principal, or interest only, of such registered bonds are payable in New York City, or elsewhere out of the state, pay- ment shall be therein [then] made at the place so designated in such bond or coupon, or at the commercial [financial] agency of the state for such purposes, and in order that the funds may not be misapplied, the treasurer shall procure a draft for the amount, to be transmitted by drawing his check on some bank in this state, and both check and draft shall be so endorsed as to show upon what bond or bonds the funds shall be applied; or, at the request of the party holding or owning said bonds, payment may be made at the office of said treasurer. SEC. 17. County treasurer liable. The tax and funds so collected shall be deemed pledged and appropriated to the pay- ment of the interest and principal of the registered bonds herein provided for, until fully satisfied, and the treasurer shall be liable on his official bond for the faithful disbursements of all moneys so collected or received by him. After the principal and inter- est of such bonds shall have been fully paid, and all obligations for which such fund and taxes were raised have been discharged, the county clerk, upon the order of the county commissioners, shall notify the county treasurer to transfer all such funds re- maining in his hands to the credit of the district to which they belong. SEC. 18. Cancellation. When any registered bond shall ma- ture, the same shall be paid off by the treasurer, at the place where the same stall be payable, out of any money in his hands or under his control for that purpose, and when so paid the same shall be endorsed by the treasurer on the face thereof, "Can- celed," together with the date of such payment; and thereupon 4 98 SCHOOL LAWS OF NEBRASKA. Subdiv. 15. be filed with the clerk, who shall enter satisfaction of such bonds upon the records of such school district. In case said bonds are payable out of the state, an allowance of one-fourth of one per cent shall be made to the treasurer for the expense attendant in making such payment, to be deducted from any money in his hand's remaining after payment of such matured bonds. SEO. 19. Acts repealed. That the act entitled "An act to amend an act entitled 'An act to establish a system of public instruction for the state of Nebraska/ " approved February 25th, 1875; and also those portions of the act entitled "An act to pro- vide for the registration of precinct or towniship and school district bonds," in conflict with this act, and all other acts and parts of acts inconsistent with this act, be and the same are hereby repealed; Provided, That nothing in this act shall affect in any manner the validity of bonds heretofore issued. SEC. 20. Refunding bonds. That any school district in the state of Nebraska which has heretofore voted and issued bonds to build or furnish a schoolhouse, or for any other purpose, and which bonds or any part thereof still remain unpaid and remain and are a legal liability against such district and bearing inter- est, is hereby authorized to issue coupon bonds at a rate of inter- est not exceeding seven per centum per annum, to be substi- tuted in place of and exchanged for such bonds heretofore issued whenever such school district can effect such substitution and exchange at a rate not to exceed dollar for dollar. SEC. 2 1 . New bonds Description. The new bond so issued shall have recited therein the object of its issue, the title of the act under which the issue was made, stating the issue to be in pursuance thereof, and shall also state the number, date, and amount of the bond or bonds for which it is substituted, and such new bond shall not be delivered until the surrender of the bond or bonds so designated. SEC. 22. How issued and paid. The new bonds as issued shall not require a vote of -the people to authorize such issue, and they shall be paid, and the levy made and tax collected for their payment in accordance with laws now governing the said bonds heretofore issued. SEC. 23. High school redemption bonds. That any school distrkrt in any city of the first class in this state be and is hereby authorized and empowered to issue its coupon bonds of such denominations as the board of education of such school district may deem best, and in an amount equal to the amount outstand- Subdiy. 15. SCHOOL DISTRICT BONDS. 9 ing and unpaid of bonds bearing interest at the rate of ten per cent per annum, heretofore issued for the purpose of erecting a high school building by such school district, or by any school organization or board of regents which shall have been super- seded by such school district. SEC. 24. Condition Description. Any bonds issued under the provisions of this act shall be for the payment, by the school district issuing the same, of the sum specified therein, made payable in the city of New York, in not more than twenty years nor lees than five years from the time they are issued, with in- terest at a rate not exceeding seven per cent per annum, pay- able semi-annual ly; said bonds and coupons shall be required [signed] by the president of the board of education and counter- signed by its secretary; Provided, That such bonds may be made redeemable at any time after five years, at the option of the board of education. SEC. 25. Disposition. It shall be the duty of the board of education of any school district issuing bonds under the provis- ions of this act, to negotiate such bonds, but pr no less than the par value thereof, and all the proceeds arising from the sale thereof shall be paid to the treasurer of the board of education, and shall be applied solely to the redemption and purchase of the bonds heretofore issued by such school district, or school organization superseded by it, for the purpose of erecting a high school building, and bearing interest at the rate of ten per cent per annum; Provided, That none of the said bonds heretofore is- sued shall be redeemed or purchased for more than the face value thereof. SEC. 26. Issuance. The bonds issued under the provisions of this act shall not require a vote of the people to authorize their issue, and they shall be paid, and taxes shall be levied and col- lected for their payment in the same manner as is now provided by law for the payment of bonds heretofore issued by such school districts. SEC. 27. Compromising indebtedness. That any county, precinct, township, or town, city, village, or school district is hereby authorized and empowered to compromise its indebted- ness in the manner hereinafter provided. SEC. 28. Negotiations. Whenever the county commiisioners of any county, the city council of any city, the board of trustees SEC. 27. Section 32, chapter 9, Compiled Statutes. SECS. 27-31. Act held not to empower a school district to issue its bonds and deliver them to parties in compromise, or to take the place, of an indebt- edness evidenced by school district warrants. [45 Neb., 13. J 100 SCHOOL LAWS OF NEBRASKA. SubdlV. 15. of any village, or school board of any school district shall be satisfied by petitions or otherwise that any such county, pre- cinct, township, or town, city, village, or school district is unable to pay in full its indebtedness, and two-thirds () of the resident taxpayers of such county, precinct, township, or town, city, vil- lage, or school district shall by petition ask that such county, precinct, township, town, city, or village, or school district, to compromise such indebtedness, they are hereby empowered to enter into negotiations with the holder or holders of any such indebtedness of whatever form, scaling, discounting, or com- promising the same. SEC. 29. Petition. "Whenever satisfactory arrangements are made with the holder or holders, or any of them, of such in- debtedness, and upon a surrender of the same for cancellation or satisfaction, the county commissioners for and on behalf of any such county, precincts, townships, or towns, or the city council of any such city, or the board of trustees of any such village, or school board of any such school district shall, upon petition of two-thirds (f ) of the resident tax payers of such county, precinct, township, or town, city, village, or school district have authority and they are hereby empowered to issue the bonds of such county, precinct, township, or tow r n, city, village, or school dis- trict to the holder or holders of the indebtedness, so surrendered, canceled, or satisfied for the amount agreed upon, not exceeding the original indebtedness. SEC. 30. Record. Before issuing bonds under the provisions of this act the board issuing the same shall by resolution enter upon its records, recite the number and denomination of the bonds to be issued, the rate of interest and to whom and when payable. Such bonds shall be payable in not more than twenty (20) years from the date of their issue or at any time before ma- turity at the option of such municipality. They shall bear in- terest at a rate not exceeding seven (7) per cent nor the rate borne by the bond surrendered, with interest coupons attached, payable annually or semi-annually, and the said board may levy a tax on all the taxable property in such county, precinct, town- ship, or town, city, village, or school district in addition to other taxes to pay the interest and principal of said bonds as the same shall mature, and such tax levy for interest may be paid in cash or in such coupons. SEC. 3 1 . Record of proceedings. Every board issuing bonds under the provisions of this act shall keep a complete record of all the transactions connected therewith. Subdiv. 15. SCHOOL DISTINCT Bp^DSi 101 SEC. 32. Detaching coupons. That whenever a bond of any county, city, town, township, precinct, village, school district, or other municipality, shall be presented to the auditor of public accounts for registration, the auditor shall examine the interest coupons thereto attached, and shall detach as many of them as shall mature before the first tax^s levied to meet the same shall become due and collectible, and stamp said coupons "Detached to the Auditor of Public Accounts," and send to the treasurer of the county from which said coupons were issued, 102 SCHOOL LA ATS OF NEBRASKA. SuMiv. 16. SUBDIVISION XVI. COMPULSORY EDUCATION. 1. Compulsory attendance, etc. I 3. Special schools. 2. Truant officer, etc. I 4. Enumerators. SECTION 1. Compulsory attendance at public, private, or parochial school Exemption. That every person having legal or actual charge or control of any child or children or youth not less than seven (7) nor more than fifteen (15) years of age, shall during each school year between the second Monday of July and the last Monday of June following, cause such child or children or youth to attend the public day schools for a period of not less than twelve (12) weeks; and if the public day schools of the school district in which such person or persons having charge or control of such child or children or youth may reside shall be in session during the school year between the second Monday of July and the last Monday of June following, more than twelve (12) weeks, then the person having control of such child or children or youth shall cause each of them to attend such public day school not less than two-thirds of the entire time the said schools shall be in session during the school year as aforesaid; and in no case shall such attendance be for a less period than twelve (12) weeks. Such attendance shall begin with the first opening of the public day schools after the second Monday of July, and shall continue consecutively until the re- quired period of attendance is completed. Provided, That the portion of this act requiring attendance in public day school shall not apply in any case where the child or youth is, for a time equal to that required by this act, in- structed in some private or parochial school ; or in any case where the child is instructed at home or elsewhere by a person quali- fied to give instruction in the studies required to be taught in the public schools ; or in any case where the child or youth has com- pleted the studies required for obtaining a certificate of gradua- tion from the eighth grade of such schools ; or in any case where the child or youth, being of the age of fourteen (14) years, is of necessity regularly employed for his own support or the support of those actually dependent upon him ; or in any case where the child or youth is physically or mentally incapacitated for the work done in the schools ; or in any case where the child or youth lives more than two (2) miles from the school by the nearest practicable traveled road unless free transportation to and from such school is furnished to such child or youth, Subdiv. 16. COMPULSORY EDUCATION. i03 In case exemption is claimed on account of mental or physical incapacity, the school authorities shall have the right to employ a physician or physicians who shall have authority to examine such child or youth, and if such physician or physicians shall declare that such child or youth is capable of undertaking the work of the schools, then such child or youth shall not be exempt from the requirements of this act. In case exemption is claimed and granted on account of chil- dren or youth of the age of fourteen (14) years being compelled to support themselves or those dependent upon them, such chil- dren or youth may, in the discretion of those charged with the enforcement of this act, be required to attend a public evening school or some other suitable school for not less than two hours each school day during the time provided for school attendance in this act. Be it further provided, that all persons of from seven (7) to eighteen (18) years of age, who are residents of this state and who by reason of partial or total blindness or deafness are un- able to obtain an education in the public schools of this state, shall under the provisions of this act, be required to attend the Institute for the Blind or the School for the Deaf unless said persons are being privately or otherwise educated as in this act prescribed, or unless under the provisions of chapter 22, Com- piled Statutes of Nebraska of 1901 they are not subjects for ad- mission to the Deaf and Dumb, and Blind Institutes of the state of Nebraska. In case exemption is claimed on account of attendance at a private or parochial school, as provided in this act, or on account of attendance upon suitable instruction elsewhere given, as pro- vided in this act, the authorities of the private or parochial school so attended, or the person or persons giving elsewhere such instruction, shall keep a record showing the names and ages of all children enrolled, the number of the school district and the county of their residence, the number of days such child or chil- dren claiming exemption were members of such school or at- tendants upon such instruction, the days on which such pupils were present and the days on which they were absent, and the authorities of such private or parochial school, or the person giv- ing elsewhere such instruction, as well as the authorities of all public schools shall furnish at the end of each month of school a report to the county superintendent of schools, and a duplicate of said report to the director or secretary of the school district in which such child or children reside, on blanks to be furnished 104 SCHOOL LAWS OP NEBRASKA. Subdiv. 16 or prescribed by the state superintendent of public instruction, which report shall cover said items of record as above, except: that in school districts organized under the provisions of subdi- vision XIV, or subdivision XVII, of chapter 79 of the Compiled Statutes of Nebraska for 1901, such report shall be made to the superintendent of the city schools of such district. And it is hereby made the duty of such county or city superintendent, upon the receipt of the report for the first month of school in said district, and each two weeks thereafter, to compare such reports with the last census report on file in his office from such district, and prepare a list of all children or youth resident in such district who are not receiving instruction as in this act provided, and to transmit said list to the officer or officers in such district whose duty it is to enforce the provisions of this act as hereinbefore provided. SEC. 2. Truant officer Notice to parent Violation of act Penalty. That district boards in districts other than city districts, may appoint a truant officer. In any case where the district board shall not appoint any person as truant officer, the director shall act as such truant officer. Boards of education in cities shall appoint one or more truant officers. All truant officers provided for in this act shall qualify as special consta- bles or police officers, shall see that the provisions and require- ments of this act are duly carried out and enforced in the dis- tricts for which they severally act, shall have authority to ap- prehend and take to his home or to some public, private or parochial school any child subject to and violating the provisions of this act, shall receive for such services a compensation to be determined by the district board or board of education to be paid out of the general school funds of the district as are other ordi- nary expenses of maintaining the school; and on failure or neg- lect to discharge the duties herein prescribed shall be deemed guilty of a misdemeanor, and on conviction thereof be punished by a fine of not less than five (fS.OO) dollars and not more than twenty-five ($25.00) dollars. Any truant officer who, from per- sonal knowledge or through information or complaint from any resident or teacher in the district where he acts, believes that any person having legal or actual control of any child or children subject to the provisions of this act is neglecting or failing to comply with the provisions thereof, shall immediately investigate the case and give written notice to the person having legal or actual control of such child or children that the requirements of this act must at once be complied with; and if, within one week Subdiv. 1G. COMPULSORY EDUCATION. 105 of the giving of such notice, the person having control of such child or children shall not have complied with the provisions of this act, the truant officer shall file complaint against such per- son in some court having jurisdiction, and the failure to comply with the provisions of this act or its violation on the part of such person shall be deemed a misdemeanor, and upon conviction thereof he shall be punished by a fine of not less than five dol- lars and not more than twenty-five dollars. The county superintendent in each county shall, without ad- ditional salary, act as head truant officer and it shall be his duty as such head truant officer to see that each truant officer in the several districts of the county discharges properly the duties of his office, and enforces to the best of his ability the provisions of this act. SEC. 3. Special schools. That boards of education in cities may, in their discretion, establish and conduct special schools for the instruction of children who cannot profitably or properly be cared for in the usual schools. Any child of school age who is habitually truant or incorrigible, or whose conduct and habits are such that he cannot with profit to himself or in justice to the other members of the school be retained and instructed in the usual schools, may, upon complaint of the person having legal or actual control of such child, or upon complaint of the principal or head of the school where such child is attending, or an com- plaint of the truant officer be required by the superintendent of the'city schools to attend a special school, as provided for in this section, until such time as the child's habits and conduct become such as to make it advisable and proper for him to be received again into the usual school. These special schools shall be taught in such localities as may be considered proper and suit- able by the board of education; they shall give instruction in the branches required by law to be taught in the common schools; they shall be as good in conveniences, equipment, and condition of health as the usual schools of the city where they are situated and they shall be taught by teachers specially fitted by nature and experience to control and instruct wisely and suc- cessfully the special class of children to be educated therein. SEC. 4. Enumerators, duties of. That in order that the provisions of this act may be the better enforced it is hereby ordered that all enumerators of persons of school age, in taking the annual school census, shall ascertain and record the place and date of birth of each child enumerated, together with the school or schools attended, or the place or places in which, or 106 SCHOOL LAWS OP NEBRASKA. Subdiv. 16. the person or persons by whom such child was instructed during the preceding school year, and the person having control of such child shall take oath or affirmation that such record is true. The enumerator is hereb}' empowered to administer such oath or affirmation. Any person who shall refuse to take such oath or affirmation, or who shall with intent to evade any of the provis- ions of this act, willfully make false statement concerning any child or children under his control and subject to the provisions of this act, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than one dollar and not more than ten dollars. Subdiv. 17. SCHOOLS IN METROPOLITAN CITIES. 107 SUBDIVISION XVII. SCHOOLS IN METROPOLITAN CITIES. 1. District Body corporate. 2. Control Free schools. 3. Taxation. 4. Board of education. 5. Same Election Oath of office. 6. Board meetings. 7. General powers. 8. Officers Superintendent. 9. President. 10. Vice president. 11. Secretary. 12. Treasurer. 13. Vacancies in board. 14. Quorum Vacancy. 15. Accounts Expenditures Comptrol- ler's report. 16. Census. 17. Teachers' certificates. 18. Board interested in contract. 19. Sale of property. 20. Payment of debts of superseded districts. 21. Estimate of expenses. 22. Maximum tax. 23. Payment of taxes. 24. Bonds. 25. Same Description. 26. Payment Sinking fund Invest- ment. 27. Purchase of immature bonds. 28. Disposition of funds. 29. Elections. 30. Acts repealed. 31. Training school. SECTION 1 . District body corporate. That each incorpo- rated metropolitan city in the state of Nebraska, or those here- inafter incorporated as such, shall constitute one school district and be known by the name of the school district of (name of city), in the county of (name of county), in the state of Nebraska, and as such in that name shall be a body corporate, and possess all the usual powers of a corporation for public purposes, and in that name and style may sue and be sued, purchase, hold, and sell such personal and real estate, and control such obligations as are authorized by law; and the title to all school buildings, or other property, real or personal, owned by any school dis- trict, within the corporate limits of metropolitan cities, shall, upon the organization of a district under the provisions of this act, vest immediately in the new district; and the board of education, by this act provided, shall have exclusive control of the same for all purposes in this act contemplated. SEC. 2. Control. That all schools erected or organized within the limits of said metropolitan cities shall be under the di- rection and control of the board of education authorized by this subdivision. Such schools shall be free to all children between the ages of five and twenty-one years whose parents or guardians reside within the limits of said district, and to all children of school age non-residents of said district who are or may be by law allowed to attend said schools without charge. SEC. 3. Taxation. That all property within the corporate limits of metropolitan cities, except such property as now is or may hereafter be exempt by law, shall be subject to taxation for all the school purposes contemplated in this act. SEC. 4. -Board of education, That the affairs of the school SEC. 4. 30 Neb., 815. 108 SCHOOL LAWS OP NEBRASKA. SubdlV. 17. district hereby created shall be conducted exclusively by boards of education, except as otherwise provided by this act. SEC. 5. Same Election. That the board of education of metropolitan cities shall consist of fifteen (15) members, who shall be qualified electors of said city, and who shall be actual taxpayers, who shall be elected at the times and hold their offices for the terms hereinafter provided. On the first Tuesday after the first Monday in November of each year, and annually thereafter, there shall be elected five (5) members at large to serve for three (3) years, from and including the first Monday of January following their election, or until their successors are elected and qualified. All persons elected as members of boards of education shall, before the first Monday in January following their election, take and subscribe to the usual oath of office. In case any person so elected shall fail so to do, his or her election shall be void, and the vacancy thereby occasioned shall be filled by the board as hereinafter provided. No vacancy shall by the provisions of this act be created in the membership of any board of education elected under the provisions of an act of the legisla- ture of the state of Nebraska, entitled "An act relative to public schools in metropolitan cities," approved March 31, 1887, but such members shall serve out the terms for which they were elected. SEC. 6. Board meetings. That the regular meetings of the boards of education shall be held on the first and third Mondays of each month, but special meetings may be held, from time to time, as circumstances may demand, at the call of the president of the board, or on petition of the majority of the members thereof; and all meetings of the board shall be open to the public, unless otherwise specially ordered. SEC. 7. General powers. That the boards of education shall have power to select their own officers, and make their rules and regulations, subject to the provisions of this act. The board of education herein provided for, any committee of the members thereof, shall have power to compel the attendance of witnesses for the investigation of matters that may come before them, and the presiding offiqer of the board of education, or the chair- man of such committee for the time being, may administer the requisite oaths, and such board or committee thereof shall have the same authority to compel the giving of testimony as is con- firmed [conferred] on courts of justice. BEG. 8. Officers Superintendent. That the members of each Subdiv. 17. SCHOOLS IN METROPOLITAN CITIES. 109 board of education, at their regular meeting in January succeed- ing their election each year, shall elect a president and vice-presi- dent from their own members, who shall serve for the term of one (1) year, or until their successors are elected and qualified; they may also elect at any regular meeting in July one (1) superintendent of public instruction, with such salary as the board may deem just, and they may enter into contract with him, in accordance with their discretion, for a term of years not to exceed three (3) years. The election of the officers of the board, superintendent, secretary, teachers, and janitors shall be by ballot, and no person shall be declared elected except he receive a vote of a majority of all the members of the board. They shall annually elect a secretary at such salary as the board may deem just; said secretary shall not be a member of the board of edu- cation. They shall also have power to appoint a superintendent of school buildings, whose respective duty, power, salary, and term of office shall be regulated and determined by the board of education, and to employ, under the superintendent of school buildings, necessary workmen, and provide necessary materials for repairing, altering, and enlarging school or other buildings. The superintendent of buildings shall devote his entire time to the discharge of the duties of his position. SEC. 9. President. That it shall be the duty of the president to preside at all meetings of the board, to appoint all committees Whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn upon the city treasurer for school moneys. SBC. 10. Vice president. That it shall be the duty of the vice president to perform all the duties of the president in case of his absence or disability. SEC. 1 1 . Secretary. That it shall be the duty of the secretary to be present at all meetings of the board, to keep an accurate journal of the proceedings, to take charge of its books and docu- ments, to countersign all warrants for school moneys drawn upon the city treasurer by order of the board, to apply for and receive school funds from the county treasurer or other persons to whom such funds are payable by law, and deposit the same with the treasurer of the board, and to perform such duties as the board may require. That before entering into the discharge of his duties the secretary of the board shall give bonds in the sum of not less than ten thousand ($10,000) dollars, with good and sufficient sureties, and shall take and subscribe an oath or SCHOOL LAWS OP NEBRASKA. Subdlv. 17. affirmation before a proper officer that he will support the con- stitution of the st-.ite of Nebraska, and faithfully perform the duties of his office. SEC. 12. Treasurer. That the city treasurer of such city shall be ex-offido treasurer of the board of education. He shall attend all meetings of the board when required to do so, shall prepare and submit in writing a monthly report of the state of its finan- ces, and shall pay school money only upon a warrant signed by the president, or in his absence by the vice-president, and coun- tersigned by the secretary. He shall give' bond, payable to the board of education, an amount equal to the sum that may be in his possession at any one time, of moneys belonging to or under the control of the board of education but such sum shall not be less than the maximum sum that may be in his possession at any time of moneys belonging to or under the control of the board of education, and the said bond shall be signed by one or more surety companies of recognized responsibility, and the cost of which bond shall be paid by the school district. SEC. 13. Vacancies in board. That the boards of education shall have power to fill any vacancy which may occur in their body, provided that any vacancy occurring more than ten days previous to the annual school election and leaving an unexpired term for more than one year shall be filled at the first school election thereafter, and the ballots and returns shall be desig- nated as follows: "To fill unexpired term." SEC. 14. Quorum. That a majority of all the members of each board of education shall constitute a quorum, but a less number in attendance at any regular meeting shall have, and a quorum at any special meeting may have, power to compel the attendance of absent members in such manner and under such penalties as each board shall see fit to prescribe; and the absence of any member from four consecutive regular meetings of the board, unless on account of sickness or by consent of the board, shall vacate his position on the board, which fact shall be passed upon by the board of education and spread upon their records. SEC. 15. Accounts Expenditures. That all accounts shall be audited by the secretary, approved by a committee to be styled the committee on claims and no expenditures greater than one thousand dollars ($1,000) shall be voted by the board, except in accordance with the provisions of a written contract, nor shall any money be appropriated out of the school fund except on a recorded affirmative vote of a majority of all the members of the board and said accounts and the records of said board in all Subdiv. 17. SCHOOLS IN METROPOLITAN CITIES. Ill metropolitan cities shall at all times be subject to the inspection and examination of the comptroller of such city, whose duty it shall be each month to examine said records and check said ac- counts, and from time to time as may be required by ordinance or resolution of the city council, report to said council the nature and state of said accounts and any facts that may be required concerning said records. SEC. 1 6. Census. That the boards of education shall annually cause to be taken an enumeration of all persons between the ages of five and twenty-one years, residing in the district, and shall report the same, together with such other information as required by sections twelve and seventeen of subdivision four of the general school laws of Nebraska, to the county superintend- ent of public instruction at the time specified by law for like returns in other districts. SEC. 17. Teachers' certificates. That all persons making applications to boards of education a teachers in graded and high schools therein shall be required to produce a legal certi- ficate given by some authority authorized to grant teachers' certificates, or from an examining committee appointed by the board. And for such purpose the board of education is author- ized to appoint three competent persons at such time as may be deemed expedient, who shall be styled the examining committee of the board of education, and whose duty it shall be to examine all persons .who may apply to them as teachers ; and teachers re- ceiving such certificates, setting forth that such person is com- petent to teach in the public schools of the city, and is a person of good moral character, shall be entitled to all the benefits aris- ing from a certificate issued to any teacher under the laws of this state. Any certificate granted by such committee may be re- voked by the board of education for any reason which would have justified the withholding thereof when the same was granted, or for gross negligence of duty, incompetency, or im- morality. SEO. 18. Board interested in contract. That it shall be unlawful for any member of the board of education to have any pecuniary interest, either directly or indirectly, in any contract for the erection of sohoolhouses, or for warming, ventilating, furnishing, or repairing the same, or be in any manner connected with the furnishing of supplies for the maintenance of the schools. SEC. 19. Sale of property. That no school property of any kind shall be sold by the board of education except at a regular 112 SCHOOL LAWS OF NEBRASKA. Subdiv. 17. meeting of the same, and not then without an affirmative recorded vote of at least two-thirds of the members of the board. SEO. 20. Payment of debts. That each of the school districts provided for in section one of this act shall have the power, and it shall be the duty of the board of education, to provide for the payment of debts created by school districts or other school organizations, superseded by the districts herein provided for, when such debts shall have been incurred in the erection of schoolhouses or for other school purposes. If any portion of such debt shall be in the form of bonds, if issued for a valuable consideration, the holder or holders thereof, on surrendering the same to the said board, shall have the right to demand, and it shall be the duty of said board, in the name of the district cre- ated by this act, to cause to be issued other bonds of like amount of tenor and effect as to payment of principal and interest as the bonds surrendered. This provision shall also apply to cases where only a part of a district embraced within the district created by this act, whenever said fractional part shall become a part of said district, as provided for in section one of this act; Provided, The latter [sihall] assume and pay only such propor- tion of the debt of the divided district as the assessed valuation of the part taken therefrom shall bear to the assessed valuation of the part remaining. In case of a division of one or more school districts within the limits of a metropolitan city, it shall be the duty of the county superintendent of public instruction, the president of the board of education, and the director of the school district, to appraise and adjust all claims or assets in such manner that each district shall bear its proportion of the indebtedness, as heretofore provided, and have its proportion of said assets of said district. SEC. 21. Estimate of expenses. That the board of educa- tion shall, annually, during the month of January, estimate the amount of resources likely to be received for school purposes, including the amounts available from fines, licenses, and other sources; they shall report during the month of January to the city council the number of mills tax on the dollar deemed neces- sary to be levied upon all taxable property of the district, during the fiscal year next ensuing, for the support of the schools, for the purchase of school sites, for the erection and furnishing of school buildings, for the payment of interest upon all bonds issued for school purposes, and for the creation of a sinking fund for the payment of such indebtedness; and the city council Subdiv/17. SCHOOLS IN METROPOLITAN CITIES. 113 is hereby authorized, directed, and required to levy and collect the number of mills tax so reported and demanded by the board of education in the same manner as other taxes are levied and collected; Provided, however, that in case the purchase of sdhool sites and the erection of buildings shall require an expenditure exceeding twenty-five thousand dollars (|25,000) for any one calendar year, the question shall be submitted to a vote of the electors of the said district. SEC. 22. Maximum tax. That the aggregate school tax shall in no one year exceed two per cent upon all the taxable property of the district. SEC. 23. Payment. That all taxes collected for the benefit of the public schools shall be paid in money, and shall be subject to the order of the board of education. SEC. 24. Bonds. That the board of education may borrow money upon the bonds, which they are hereby authorized and empowered to issue, bearing a rate of interest not exceeding six (6#) per centum per annum, payable annually or semi-annually, at such place as may be mentioned upon the face of such bonds ; which loan shall be paid and reimbuirsed in a period not exceed- ing thirty (30) years from the date of said bonds; Provided, That no bonds shall be issued nor question of issue be submitted to the electors without the consent of two thirds (f ) of the members of the board of education, and be offered in open market, and sold to the highest bidder, for not less than par value on each dollar; And provided further, That no bonds shall be issued by the board of education without first submitting the proposition of issuing said bonds, at an election called for that purpose, or at any regular election, notice whereof shall be given for at least ten (10) days in one or more daily papers published within the district, to the qualified voters of the district, and if a majority of all the ballots cast upon said bond proposition at such an election shall be for issuing bonds, said bo'ard may issue bonds in such an amount as shall be named in their election notice. SEC. 25. Description. That in case the electors shall sanction the issuing of said bonds, in manner herein provided for, then the said board of education may cause to be prepared and issue the same under the provisions of this act, and the said bonds shall express on their face that they are issued in pursuance of this act, and shall be signed by the president and secretary of SEC. 25. Majority of all votes cast at election necessary. Need not be ac- companied by provision to levy tax to pay interest. 29 Neb., 460. SCHOOL LAWS OF NEBRASKA. Subdiv. 17. the board of education, shall specify the rate of interest, the time when the principal and interest shall be paid, the place of such payment, and each bond when go issued shall not be for a less stun than fifty ($50) dollars. SEO. 26. Payment. That the board of education is hereby authorized and required to provide, before the same shall be- come due, for the interest on all bonds issued by the district; they shall also, immediately after the expiration of one-half of the time for which said bonds are issued, proceed to set apart each year, for a sinking fund, a requisite amount or proportion sufficient to pay the principal of said bonds when they shall be- come due. All moneys set apart for said sinking fund shall be invested: (1) In the purchase of and redemption of bonds of the school districts, which bonds shall be purchased in open market in such manner as the board of education shall prescribe. (2) In bonds of the city constituting the school district. (3) In bonds of the county wherein such district is situated. (4) In bonds of the state of Nebraska. (5) In United States bonds. SEC. 27. Purchase of immature bonds. That if it shall be deemed advisable by the board of education to purchase bonds issued under the provisions of this act, before maturity, the treasurer Shall sell to the highest bidder in open market, and in a manner prescribed by the board, such bonds or securities as shall belong to the school funds, and the proceeds thereof Shall apply to purchase of bonds herein provided for. SBC. 28. Disposition of funds. That all moneys arising from any source whatever which, under any prior act or acts of the legislature of this state, are payable to the school fund of any city of the first class which may become a metropolitan city, or any moneys which are required to be set apart by the treas- urer of any such city for the support and maintenance of any school heretofore organized herein under any general law, shall, on and after the passage of this act, be payable to the treasurer of the board of election, and shall be used only for the purposes specified in this act. SEO. 29. Elections. All elections provided for in this act shall be held in the manner following : (1) The president of the board shall issue his proclamation to the qualified voters of the school district, said proclamation to Subdiv. 17. SCHOOLS IN METROPOLITAN CITIES. 115 be published for at least ten (10) days prior to tlie election, in at least one (1) daily paper of general circulation in said school district, setting forth the time when, and place or places where, such election will be held, and a full and complete statement of the officers, bond proposition, or question of expenditure to be voted on ait said election. (2) Election boards. At the last regular meeting of the board of education, prior to the election, the president of the board, with the consent of the board, shall appoint three (3) judges and two (2) clerks of election for each election district in said metro- politan city, who, before entering upon their duties as such offi- cers, shall take the usual oath or affirmation of office before some person authorized by law to administer oaths, and such oath or affirmation shall be filed with the secretary of the board. (3) Vacancy, how filled. If any person so appointed shall not attend at the time and place of holding such election, or shall fail or refuse to qualify as above provided, the electors present, at the polls at the hour of eight (8) o'clock a.m. on the day of the election shall choose some one to fill the vacancy, and the person thus chosen shall qualify as before provided. (4) Poll books. The secretary of the board shall prepare duplicate poll books for each election district in the metropoli- tan city comprised within the school district, and on the morning of the election shall deliver such poll books, together with a ballot box, into the hands of some one of the judges or clerks of election in the several election districts. The poll books shall be in manner and form as follows : Poll books of a school election held in the election district of the. ward in the city of county of Nebraska, on the day of 189 [190] . ., at which time and and were judges, and and were clerks of said election. The following named persons vot- ing thereat : Each clerk shall take one of the poll books and enter therein the names of the persons voting and the order in which they voted. At the close of the election the judges shall compare the lists, and if found correct they shall certify the same to be a true list of the persons voting at said election. At all elections held under the provisions of this act the registration lists of the last city election shall be used without revision, unless said elections SCHOOL LAWS OP NEBRASKA. Subdiv. 17. provided for in this act shall be held at the same time and place as a city, county, or state election, in which case the registration lists of the city, as revised for said city, county, or state election, shall be used. And it shall be, and is hereby, made the duty of the city clerk of the metropolitan city comprised within the school district to deliver the registration lists of the city for each election district, respectively, into the hands of some one of the judges or clerks of election in said election district before eight (8) A. M. on the day of said election, for use at said election, said delivery to be made at the expense of the school district. (5) Opening the polls. Immediately before the opening of the polls the judges shall open the ballot box at the place of holding the election, and in the presence of the electors, and shall see that no ballots are contained therein, after which the box- shall be closed. The judges shall then declare the polls open, and shall proceed to take the ballot of any person offering to vote, and if such person's name is, by at least two (2) of said judges, found upon at least two (2) of said registers as a quali- fied voter, the ballot shall be put into the ballot box without the name or the names thereon being inspected. The ballot box shall be kept locked and in the presence of the electors until the close of the polls. No more than one (1) of the judges shall be ab- sent at the same time from the room where the election is being held, from the time of opening the polls until the votes shall have been counted and canvassed. (6) Canvass. The judge? and clerks shall commence to can- vass by counting the votes polled, and if the number cast exceed the number of persons voting, the ballots shall be replaced in the box, and after being mixed, as many ballots shall be drawn out and rejected as there shall have been cast exceeding the num- ber of names on the poll books. If the judges find two or more ballots rolled o^ folded together, they shall reject all of such votes as fraudulent, and if a ballot contains more than one (1) name for any one office, it shall be deemed fraudulent as to all the names for that office, but no further. (7) List of voters. The clerks shall set down in their poll books the name of every person voted for, and the office for which such person received votes, every bond proposition and every question of expenditure written in full, with the number of votes received for such persons and the number of votes cast for and against said bond proposition or question of expenditure, Subdiv. 17. SCHOOLS IN METROPOLITAN CITIES. 117 such number to be expressed in words at full length, and the judges and clerks shall certify to the correctness of the some. (8) Deposit of ballots. The judges of election shall then select some one of the judges or clerks as messenger, and such messenger shall convey the registry list, poll books, and ballot box, with the ballots all replaced therein, to the office of the board of education within twenty-four (24) hours after the clos- ing of the polls, and said ballots shall be kept in said office and subject to the inspection of any elector for the space of six (6) months. (9) Maintenance of order at polls. The judges of election shall possess full power and authority to maintain order during any election, and during the canvass of the votes, and may call on any person present to assist in maintaining order; and if any person shall refuse to obey the reasonable order of the judges, or shall in any manner interfere with the judges or clerks of elec- tion, or any of them, in the discharge of their duties, such person shall be arrested, and on conviction thereof shall be fined not less than one (1) dollar nor more than fifty (50) dollars, and in addition thereto may, in the discretion of the court, be impris- oned not to exceed thirty (30) days for every such offense. (10) Canvass of returns. That the board of education shall hold a meeting at the hour of 8 P. M. of the Monday succeeding any election provided for in this act, at which time the secretary of the board, in the presence of the board and two disinterested electors, shall open the election returns, and the board shall thereupon canvass the same and declare the result of the elec- tion a shown thereby, and the secretary of the board shall issue certificates of election to such persons as may be declared elected members of the board of education. (11) Special elections. Elections provided for by this act other than elections for members of the board of education may be held at any time or place in such metropolitan city decided on by a vote of all the members of the board; Provided, That at all elections held under this act there shall be one polling place in each election district of the city comprised within the school district. (12) Vote of women. At elections for members of the board of education women may vote after taking the following oath, to be administered by one of the judges of election: Oath. You do solemnly swear (or affirm) that you are twenty- 118 SCHOOL LAWS OF NEBRASKA. SubdiV. 17. one (21) years of age; that you have resided in this school dis- trict for forty (40) days last past; that you own real property in the district or personal property that was assessed in your name at the last assessment, or have children of school age residing in the district, so help you God." (13) Affidavit of non-registered voter. Any person offering to vote whose name is not found on two of said registers shall furnish to the said judges of election his affidavit, subscribed and sworn to before the secretary of the board of education, or be- fore the city clerk or some person designated therefor by the mayor of any city comprised within the school district, giving his reason for not appearing before the supervisors of registra- tion on any day of registration or revision of registration, and shall also set forth in suid affidavit his place of residence, and the facets neoessary to show that he is a qualified voter in said election district, and shall prove before said judges, by the affi- davit on oath of at least two freehoWLers, residents of said elec- tion district in which he offers his vote, for at least one year immediately preceding said election, that they know such person to be an inhabitant and qualified voter of said precinct, and upon filing said affidavit with said judges, and making the proof herein required, such person shall be entitled to vote. Any per- son offering to vote at any election herein provided for may be challenged and the same oaths shall be put as are provided in the general election law. SEC. 30. Acts repealed. That all acts and parts of acts in- consistent with this act (including an act of the legislature of the state of Nebraska, entitled "An act relative to public schools in metropolitan cities," approved March 31, 1887, and all acts amendatory thereof) be and the same are hereby repealed. SBC. 31. Training school. Boards of education in cities of metropolitan class may, in their discretion, maintain a teachers' training school for the training of teachers for their own schools, and nothing in this act shall curtail the right or legality of cities of the metropolitan class to support and maintain the same. Subdiv. 18. TEXT-BOOKS AND SUPPLIES. 119 SUBDIVISION XVIIL TEXT-BOOKS AND SUPPLIES. 1. Purchase of books by board. 2. Bond of publisher Statement prices. 2. Payment for books. 4. Same. 5. School book trusts. of 6. Price lists. 7. Contract, form of. 8. Violation of contract. 9. Property in books Damages. 10. School supplies Local dealers. SECTION 1. Purchase of books by board. District school boards and boards of trustees of high school districts, and boards of education in cities of the first and second class, and in cities of the metropolitan class, are hereby empowered and it is made their duty to purchase all text books necessary for the schools of such district, and they are further authorized to enter into contract as hereinafter provided with the publishers of such books for a term of years, not to exceed five (5) ; Provided, That the contract prices of such books shall not exceed the lowest price then granted to any dealer, state, county, township, school district, or other individual or corporation in the United States to be determined as hereinafter provided ; And Provided further, That such contract shall guarantee to such districts any further reduction that may be granted elsewhere during the life of such contract. SEO. 2. Bond of publisher. Before any publisher of school books shall be permitted to enter into contract with any school district under the provisions of this act, he shall file with the state superintendent of public instruction, to be approved by him, a good and sufficient bond in the sum of two thousand ($2,000) to twenty thousand (f 20,000) dollars for the faithful per- formance of the conditions of such contracts, and the observ- ance of the requirements of this act ; and such publisher shall also file with the state superintendent of public instruction a sworn statement of the lowest prices for which his series of text- books are sold anywhere in the United States; and a failure to file such bond and sworn statement of prices shall be a good and valid, defense on the part of the district against payment for any books that may be sold by such publisher prior to the date of filing such bond and sworn statement of prices; and all such contracts to which such publisher is a party made subsequent to the passage of this act and prior to filing such bond and sworn statement of prices sh-all be null and void. SEC. 1. A writ of mandamus will not issue where it is not within the power of the respondents lawfully to comply therewith, or where it would otherwise be unavailing. 46 Neb., 857. See 51 Neb., 91. 120 SCHOOL LAWS OP NEBRASKA. Subdlv. 18. SEC. 3. Payment for books. For the purpose of paying for school books, the school district officers may draw an order on the county or township treasurer for the amount of school books ordered. SEC. 4. Same. The county or township treasurer shall pay orders, drawn by school district officers, for the purchase of school books, out of any funds in his hands belonging to the district, except the money received from that derived from the teachers' fund. SEC. 5. {JjJchool book trusts. Any contract entered into under the provisions of this act with any publisher who shall hereafter become a party to any combination or trust for the purpose of raising the price of school text-books shall, at the wish of the school board of the district using such books, become null and void. SEC. 6. Price lists. The state superintendent of public in- struction shall, within thirty (30) days after the filing of the hereinbefore mentioned sworn statement of prices of text-books, have the same printed and forward a sufficient number of certi- fied copies of the same to each of the county superintendents of the state to furnish all the school districts of such county with one copy of each; and the county superintendent shall, immedi- ately after receiving said certified copies of prices of books, send or deliver one of such certified copies to the director or secretary of each school district or board of education in such county, to be filed ais a part of the records of such district; and he shall also file one of said certified copies of prices in his office as a part of the records of said office. SEC. 7. Contract, form of. It shall be the duty of the state superintendent of public instruction to prepare and have printed a form of contract between district boards and pub- lishers of school books, and to furnish the same, through the county superintendent, to the several district boards of the state; and no other form of contract shall be used by such district boards and publishers in carrying out the^provisions of this act. SEC. 8. Violation of contract. Upon the filing of a written complaint with the state superintendent of public instruction by the officers of any district board, charging any publisher with SECS. 3, 4. By decision of the attorney general the provisions of this section authorizing the district board to "draw an order on the county or township treasurer" in payment of l-ills for books being inconsistent with another statute Is inoperative. Such order must be drawn on the district treasurer. See 19 Neb., 564. Subdiy. 19. STATE UNIVERSITY. violating the conditions of such contract as hereinbefore men- tioned, the attorney general is hereby instructed, and it slhall be Ms duty, to investigate the same, and if he finds probable cause for action he shall immediately begin proceedings in the name of the state to enforce the liability on the bond hereinbefore men- tioned. SEC. 9. Property in books. All books purchased by district boards, as hereinbefore mentioned, shall be held as the property of the district, and loaned to pupils of the school while pursuing a course of study therein free of charge; but the district boards shall hold such pupils responsible for any damage to, loss of, or failure to return sucl books at the time and to the person that may be designated by the board of such district. SEC. 10. Supplies. The provisions of this act shall include all school supplies; Provided, That nothing in this act shall be construed to prohibit any pupil or parent from purchasing from the board such books as may be necessary, at cost to the dis- trict ; Provided further, That the board may designate some local dealer to handle books for the district, with such an increase above contract price, to pay cost of transportation and handling, as may be agreed upon between said board and said dealer. SUBDIVISION XIX. STATE UNIVERSITY. 1. Name Establishment. 2. Object. 3. Government Board of regents. 4. Board of regents, powers. 5. Chancellor, professors, etc. 5a. State botanist, geologist, chemist, and entomologist. 56. Same Duties. 5c. Same Compensation. 6. Colleges. 7. Chairs of instruction. 8. Model farm Lands. 9. Location. 10. Tutors. 11. Colleges Government. 12. Degrees Diplomas. 13. Admission of pupils Fees Library fund. 14. Tuition, when free. 15. Text books Aid to students. 16. Students No distinctions. 17. Scientific courses Attendance. 18. Regents' report. 19. Funds. 20. (Repealed.) 21. Board of regents Meetings Com- pensation. 22. Buildings Plans. 23. Powers Chancellor Professors. 24. Treasurer. 25. Disbursements. 26. (Repealed.) 27. Cadets. 28. Officers. 29. Same Graduates. 30. Arms, equipments, etc. 31. Officers, selection. 31a. Reports. 32. Agricultural experiment station- Preamble Acceptance by state. 33. Assent given. 34. Appropriation. 35. Trustees Treasurer Powers. 36. Appropriation. SECTION 1. Name Establishment. That there shall be established in this state an institution under the name and style of "The University of Nebraska." SEC. 9. Text-books, being the property of the district, are under the care of the board; the board may determine whether pupils may take books home for purposes of study. 122 SCHOOL' LAWS OF NEBRASKA. Subdiv. 19. SEC. 2. Object. The object of such institution shall be to afford to the inhabitants of this state the means of acquiring a thorough knowledge of the various branches of literature, science, and the arts. SEC. 3. Government Board of regents. The general gov- ernment of the university shall be vested in a board of six regents, elected by the electors of the state at large, according to the provisions of the constitution of 1875. Vacancies occur- ring in the board between one general election and another may be filled by the governor; Provided always, That any person thus appointed to fill a vacancy shall hold his office until the next general election succeeding his appointment, and no longer. SEC. 4. Board of regents, powers. The b :ard of regents shall have full power to appoint their own presiding officer and secretary. And they shall constitute a body corporate, to be known as "The Regents of the University of Nebraska," and as such may sue and be sued, and may make and use a common seal, and alter the same at pleasure. They may acquire real and personal property for the use of the university, and may dispose of the same whenever the university can be advantaged thereby ; Provided, They shall never dispose of grounds upon which build- ings of the university are located, without consent of the legis- lature. SEC. 5. Chancellor, professors, etc. The regents shall have power, and it is hereby made their duty, to enact laws for the government of the university; to elect a chancellor, who shall be the chief educator of the institution, and the prescribed num- ber of professors and tutors, and a steward; to prescribe the duties of all the professors and officers, and to fix their com- pensation. They shall have power to remove any professor or officer, but only upon the proof of written charges, and after affording to the person complained against an opportunity for defense. SEC. 5a. State botanist, geologist, chemist, entomolo- gist. That on and after the publication of this act the professor of botany at the state university shall be ex-officio the acting state botanist; the professor of geology shall be ex-officio the acting state geologist; the professor of chemistry shall be ex- officio the acting state chemist; and the professor of entomology shall be ex-officlo the acting state entomologist. SEC. 4. The regents may sue and be sued in matters over which express authority is Driven the corporation, but cannot maintain an action to recover funds belonging to the university. 5 Neb., 428. SEC. 5. See section 23, passed subsequent to this section. Subdiv. 19. STATE UNIVERSITY. 123 SEO. 5b. Same Duties. It shall be the duty of these mem- bers of the faculty to give special attention to the interests of this state in their respective departments; to furnish all infor- mation requested by any official of this state; and to properly arrange and exhibit the collections in their departments, or some portion of these collections, with special reference to show- ing the varied resources of this state; Provided, That this work shall be so conducted as not to interfere with the original duties as instructors at the university. SEO. 5c. Same Compensation. No compensation shall be claimed or allowed on account of services rendered under the provisions of this act. SEO. 6. Colleges. The university may embrace five depart- ments, to- wit: First A college of literature, science, and art. Second An industrial college, embracing agriculture, practical science, civil engineering, and the mechanic arts. Third A col- lege of law. Fourth A college of medicine. Fifth A college of the fine arts. SEC. 7. Chairs of instruction. The regents shall be em- powered to establish in these several colleges such chairs of in- struction as may be proper, and so many of them as the funds of the university may allow. They shall also be authorized to require professors to perform duties in more than one of the several colleges, whenever they shall deem it wise and proper so to do. SEC. 8. Model farm Lands. The governor shall set apart two sections of any agricultural college land, or saline land, belonging to the state, and shall notify the state land commis- sioner of such reservation for the purpose of a model farm, a a part of the college of agriculture; and such land, so set apart, shall not be disposed of for any other purpose. SEC. 9. Location. The several buildings of the university shall all be erected within a radius of four miles from the state house. SEC. 10. Tutors. The regents shall, when the number of stu- dents in any particular branch of study shall require, elect one or more tutors to give instruction in such branch of study; but such tutors Shall not be considered as belonging to the faculty of the college in which they may be employed. SEC. 1 1 .Colleges Government. The immediate govern- ment of each college shall be by its own faculty, which shall consist of the professors therein, but no course of study shall be 124 SCHOOL LAWS OF NEBRASKA. Subdiv. 19. adopted, or series of text-books used, without the approval of the board of regents. SEC. 12. Degrees Diplomas. The board of regents shall have exclusive authority to confer degrees and grant diplomas, but each college may, in its discretion, grant rewards of merit to its own students. No student shall, upon graduation, receive any diploma or degree unless he shall have been recommended for such honor by the faculty of the college in which he shall have pursued his studies. The regents shall also have power to confer the usual honorary degrees upon other persons than graduates of this university, in recognition of their learning or devotion to literature, science, or art; but no degree shall be conferred in consideration of the payment of money or other .valuable thing. SEC. 13. Admission of pupils Fees Library fund. The fee of admission to any college in the university shall be five dollars each for all persons; and the amount arising there- from, together with all other tuition fees, shall be paid into the hands of the university treasurer, and shall be held as a library fund, and the board of regents shall annually appropriate the &ame for the purchase of books for the university library. A reasonable course of study shall be prescribed by the board of regents, precedent to admission, and no applicant who shall fail to pass an examination in any part of such course shall be ad- mitted; Provided, Any person who shall produce a certificate from a county superintendent of common schools that he has passed honorably through the course of study prescribed in a high school, under the common school laws of the state, may be admitted without further examination. SEC. 14. Tuition, when free. All persons residing within this state, and who shall fill the requirements of the preceding section, may be admitted to any organized college of the univer- sity, and students entering the college of literature, science, and art, or the industrial college, shall not be required to pay any other tuition fee than the matriculation fee during the term of four years. All other students in these colleges, and all who elect to remain under instruction for a longer term than four years, shall be required to pay such fees as the board of regents may determine. Students may be admitted to the colleges of law, medicine, and fine arts upon such terms and be required to pay such tuition and fees as the board of regents may determine. Persons not residents of this state may be admitted to the priv- Subdiv. 19. STATE UNIVERSITY. 125 ileges of the university in any college or department thereof, if otherwise qualified, upon such terms as to the payment of tui- tion and other fees, in addition to a matriculation fee, as the board of regents may prescribe. SEC. 15. Text-books Aid to students. The regents shall procure all text-books to be used in the university, and shall fur- nish them to students at cost. The regents may, upon proper evidence of the good character of any student, and his or her ambition to acquire an education and inability to provide his or her own means therefor, donate to such student all text-books he or she may need, and, by a two-thirds vote, may appropriate money to pay other expenses for such student; Provided, such student will render an immediate equivalent in personal service for such appropriation, or give a sufficient obligation that he or she will reimburse the regents within five years. SEC. 16. Students No distinctions. No person shall, be- cause of age, sex, color, or nationality, be deprived of the privi- leges of this institution. Provisions shall be made for the edu- cation of females apart from male students, in separate apartments or buildings; Provided, That persons of different sexes, of the same proficiency of study, may attend the regular college lectures together. SEC. 1 7. Scientific course Attendance. The regents shall provide a rule for attendance upon the agricultural college and civil engineering and scientific courses by persons whose employ- ments are such as to allow of their pursuit of study only a por- tion of the year. SEC. 18. Regents' report. The board of regents shall, at least ten days prior to the meeting of each regular session of the legislature, transmit to the governor, to accompany his message, a printed report of all their doings since their last report, giving in detail all receipts and expenditures of money, and furnishing an estimate for future income and expenses, a catalogue of pro- fessors, officers, and students for the year, with such other infor- mation and recommendations as will apprise the legislature fully of the conditions and wants of the university. SEC. 19. Funds. The several funds for the support of the University shall be constituted and designated as follows: First, the permanent endowment fund; Second, the temporary University fund; Third, the University cash fun4; Fourth, the United States "Morrill Fund"; Fifth, the United States Ex- periment Station fund. The permanent endowment fund shall 126 SCHOOL LAWS OF NEBRASKA. Subdiv. 19. be kept in two accounts; in the first account, all moneys derived as principal from the sale of lands donated to the state by the United States (to establish and endow a state university) under the act of Congress of April 19, 1864; in the second account, all moneys derived as principal from the sales of lands donated to the state by the United States to provide colleges for the benefit of agriculture and the mechanic arts, by an act of Congress ap- proved July 2, 1862. All moneys acquired by the University by donation or bequest (including moneys derived as prin- cipal from the sale of lands or other property so acquired) where no particular object or purpose is specified by the donor or devisor, shall belong to either one of the two accounts of said permanent fund as the Board of Eegents may determine and order. Donations or bequests made for the benefit of the Uni- versity (including moneys derived as principal from the sale of lands or other property so acquired) with particular objects or uses specified and the interest or income of which only, is to be used, shall belong to either of the said two accounts of the per- manent fund, as the Board of Regents may determine and order. The interest and income of donations made, without special objects or uses specified, may be used and applied by the Board of Regents to any needs of the University. The in- terest and income of donations made, with particular objects and uses specified, shall be applied by the Board of Regents to such particular objects and uses only. All moneys belonging to the permanent University fund shall be invested in the manner now provided by law for the investment of the permanent school fund of the state, in the same kind of securities, and by the same officers charged with that duty, in accordance with the provis- ions of section four thousand nine hundred fifteen (4915), being section twenty-one (21) of chapter eighty (80) article one (1), of the Compiled Statutes of Nebraska 1897. The permanent en- dowment fund shall never be "appropriated by the legislature, nor be expended for any purpose whatsoever. The temporary University fund shall consist of the proceeds of investments of the permanent fund; of the rental of the Uni- versity and agricultural college lands leased, and the interest upon .deferred payments on sales of the lands aforesaid ; of the rentals or income of lands or other property donated, without particular objects or uses being specified; and a tax of one mill upon the dollar of valuation of the grand assessment roll of the state, which tax shall be levied in the year 1899 and annually thereafter. All moneys accruing to this fund are hereby appro- Subdiv. 19. STATE UNIVERSITY. 127 priated for the maintenance of the University including build- ings and permanent improvements and the same may be applied by the Board of Regents to any and all University needs, except the income from donations made for particular purposes, which income shall be used and applied as hereinbefore specified only. The University cash fund shall consist of the matriculation and diploma fees, registration fees, laboratory fees, tuition fees, summer "session" or school fees, and all other moneys or fees collected from students, by the authority of the Board of Re- gents, for University purposes. To this fund shall belong also all moneys received from sales of live stock, farm products, dairy- school products, or other like income from the experiment sta- tion farm. The moneys accruing to this fund shall be used for the following purposes exclusively: the matriculation and di- ploma fees, for the purchase of books, for the University libraries; the registration and summer school fees, to assist the maintenance of the summer school, school of agriculture, or other special schools; the laboratory fees, for laboratory ex- penses and the purchase of laboratory apparatus and supplies; the tuition fees, for instruction in and expenses of the various colleges or schools for which the same are collected; the income from the farm, for the general expenses and up keep of the farm, its stock and equipment, farm labor, and minor repairs to farm property. All moneys accruing to the University cash fund are hereby appropriated to the specific uses hereinbefore mentioned and shall at all times be subject to the orders of the Board of Regents accordingly; Provided, that no warrant shall be issued against said fund unless there is money in the hands of the state treasurer sufficient to pay the same. The Board of Regents shall cause all moneys which are received by its au- thority at the University, from the students thereof for any purpose mentioned in this chapter, also all moneys received at the University by the authority of said Board, from sales of farm products, stock or other property, to be paid over from time to time as the same are received, to the state treasurer to be placed to the credit of the proper fund. Provided, that the said Board of Regents may retain in its possession, until the close of the summer school in each year, a sufficient sum out of said moneys, to make settlement with students having money on deposit for expenses in the various laboratories, to make equitable adjustment with students, who, having paid tuition or other fees in advance, may be necessarily called away from the institution for an indefinite period, and to provide against SCHOOL LAWS OF NEBRASKA. Subdiv. 19. other like contingencies. The said Board of Regents may re- quire its secretary, in addition to his other duties, to perform all acts necessary to carry into effect the provisions of this sec- tion relating to the University cash fund and the moneys belong- ing thereto. The United States "Morrill Fund" shall consist of all moneys appropriated by the United States to this state for its University to aid instruction and to furnish the facilities for instruction in certain branches in accordance with the provisions of an act of Congress approved August 30, 1890, entitled, "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the pro- visions of an act of Congress approved July 2, 1862" and acts supplemental thereto. The said fund shall be applied exclu- sively to the uses and purposes prescribed by the act or acts of Congress relating thereto, and said fund is hereby appropriated accordingly and shall at all times be subject to the orders of the Board of Regents for the purpose specified by act of Con- gress only. The agricultural experiment station fund shall consist of all moneys which may come into the possession of the State treas- urer on and after July 1st, 1899 accruing under an act of Con- gress approved March 2d, 1887 entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July 2d, 1862 and the acts supplemental thereto, also all moneys which may hereafter be received by virtue of any act of Congress supplemental to said agricultural experiment sta- tion act and for the same purpose. The said experiment station fund is hereby appropriated to be applied exclusively to the uses and objects designated by the said act or acts of Congress relating thereto and the same shall at all times be subject to the orders of the Board of Regents for expenditure for said uses only. The state treasurer shall be the custodian of all of the funds of the University. Disbursements from the four funds last named herein shall be made in accordance with the provisions of law relating to the disbursement of University funds in the hands of the state treasurer as provided by section (5230) being section 25 of chapter 87 of the Compiled Statutes of 1897. SEC. 20. [Repealed.] Subdiv. 19. STATE UNIVERSITY. 129 SEC. 21. Board of regents Meetings Compensation. The regents shall meet at least twice in each year at the uni- versity building. They shall receive for their services no com- pensation, but they may be reimbursed their actual expenses incurred in the performance of their official duties. SEC. 22. Buildings Plans. No superstructural work upon any building for the university shall be commenced until the designs and plans therefor shall have been submitted to the board of regents by the commissioners for public buildings, and the architect thereof shall be required, before allowing any such superstructure to be erected, tcT make such alterations in the plans and specifications as may be directed by a majority of the regents. SEC. 23. Powers Chancellor Professors. -The regents shall have power to enact laws for the government of the uni- versity; to elect a chancellor, and the prescribed number of professors and tutors, and a steward ; to prescribe the duties of all the professors and officers, and to fix the compensation. They shall have power to remove the chancellor and any professor or tutor when the interests of the university shall require it. SEC. 24. Treasurer. -The office of treasurer of the university is hereby abolished, and the state treasurer is made custodian of the funds, to whom the present treasurer of the university shall turn over, within sixty days, all moneys 1 , securities, books, and papers pertaining to that office. SEC. 25. Disbursements. Disbursements from the university fund shall be made by the state treasurer, upon warrants drawn by the auditor, who shall issue warrants upon certificates issued by the board of regents, signed by the secretary and president. All money accruing to the university fund is hereby appropri- ated to the use of the state university. SECS. 26-26h. [Repealed. Laws, 1899, chap. 76, sec. 2.] CADET BATTALION. SEC. 27. Cadets. That all male students now attending or who may hereafter attend the University of Nebraska, and who are required, by the rules and regulations that are or may be established by the board of regents of the university for the government of the military department, to attend upon the studies or other exercises of said department, shall be organized SECS. 23-25. Cited 5 Neb., 428. 9 Id., 470. 5 130 SCHOOL LAWS OF NEBRASKA. Subdiv. 19. under the form of the battalion, into a body which shall be known and styled the "university cadets." SEC. 28. Officers. The officers of the cadet battalion, for duty at and while in attendance upon the university, shall be ap pointed by the commandant in charge of the department, by detail of the general government, and they shall be directly responsible to him in the discharge of all their duties as sue! officers. SEC. 29. Same Graduates. All persons holding appoint- ments under the commandant of the military department of the university as officers of the cadet battalion, at the time of their graduation from the university, between and including the ranks of second lieutenant and colonel, shall be certified with their proper rank to the governor of the state by the military officer in charge and the chancellor of the university, and there- upon the governor is authorized and directed to issue his com mission in due form to all such persons so certified to him. All persons so commissioned by the governor shall hold their com- missions as retired officers of the university cadets, liable to be called into service by the governor in case of invasion, insur- rection, or rebellion, in the same manner as the state militia. SEC. 30. Arms, equipments, etc. The adjutant general cf the state shall issue such arms, munitions, accoutrements, tents, and equipments for the temporary or permanent use of the uni- versity cadets as the board of regents may require and the gov- ernor approve. All property so issued, and not intended merely for temporary use, or for consumption or expenditure, shall be receipted for to the adjutant general by the chancellor or other proper officer of the university, and the same shall be subject to return upon demand of the adjutant general, whenever the necessities of the state require. SEC. 31. Officers Selection. The selection of officers of the university cadet battalion, for duty during attendance upon the institution, shall be made upon a basis involving both scholar- ship and capacity and fitness for command, and Recording to such rules and regulations as the board of regents may pre- scribe. The board of regents shall make all needful rules and regulations to carry into effect the purposes of this act consist- ent with the constitution and laws of ,the state. SEC. 3 la. Reports. The commandant or officer in charge of the military department of the university shall make quarterly reports to the adjutant general of the state, showing the num- Subdiv. 19. STATE UNIVERSITY. 131 ber, organization, discipline, and equipment of the university cadets. AGRICULTURAL EXPERIMENT STATION. SEC. 32. Preamble. Whereas, the forty-ninth congress of the United States, at its second session, passed an act com- monly known as the "Hatch bill," and entitled as follows: "An a.ct to establish agricultural experiment stations in connection with the colleges established in the several states under the pro- visions of an act approved July 2, 1882, and of the acts supple- mentary titereto," and, Whereas, said act of congress provides, among other things, that it shall be the object and duty of said experiment stations to conduct original researches or verify experiments on the physiology of plants and animals; the dis- eases to which they are severally subieet, with the remedies for the same; the chemical composition of useful plants at theh- different stages of growth ; the comparative advantages of rota.- tive cropping as pursued under a varying series of crops; the capacity of new plants or trees for acclimation; the analysis of soils and water; the chemical composition of manures, natural or artificial, with experiments designed to test their compara- tive effects on crops of different kinds; the adaptation and value of grasses and forage plants; the composition and digestibility of the different kinds of foods for domestic animals; the scien- tific and economic questions involved in the production of butter and cheese; and such other researches or experiments bearing directly on the agricultural industry of the United States as may in each case be deemed advisable, having due regard to the varying conditions and needs of the respective states or terni- tories, and, W T hereas, the said act of congress declares that a leading object of the establishment of the said experimental stations is to aid in acquiring and diffusing among the people of the United States useful and practical information on sub- jects connected with agriculture, and to promote scientific investigation and experiment respecting the principles and applications of agricultural science, and prescribes methods to this end, and also prescribes conditions and relations which are to be maintained between the United States and the institu- tions of learning established in the several states, and which are organized under the land grant of 1862, and provides further that the grants of money authorized by the said act are made subject to the legislative assent of the several states and terri- tories to the purposes of said grants, and, Whereas, the Univer- 132 SCHOOL LAWS OF NEBRASKA. Subdiv. 19. liity of Nebraska, in the state of Nebraska, has established and maintained a college or department of agriculture known and designated as the "industrial college," in accordance with the provisions of said land grant of 1862, and, Whereas, the said act of the forty-ninth congress appropriates to this state the sum of fifteen thousand dollars ($15,000) per annum for the purposes and upon the conditions therein set forth, the same to be paid to the treasurer or other officer duly appointed by the governing board of said college to receive the same, and, Whereas, the governor of this state has presented to the legislature his special message with recommendations relating to the subject matter hereof, Therefore, fte it enacted by the Legislature of the State of Nebraska: SECTION 1. Acceptance by State. That full and complete acceptance, ratification, and assent is hereby made and given by the State of Nebraska to all of the provisions, terms, grants, and conditions and purposes of the grants made and prescribed by the said act. of the congress of the United States, entitled "An act to establish agricultural experiment stations in con- nection with the colleges established in the several states under the provisions of an act approved July 2, 18C2, and of the acts supplementary thereto." SEC. 33. Preamble. Whereas, by an act of the congress of the United States, approved August SO, 1890, there is appropri- ated to this state for the use and benefit and the more complete endowment and support of the educational institution therein described the sum of fifteen thousand dollars ($15,000) for the year ending June 30, 1890, sixteen thousand dollars ($16,000) for the year ending June 30, 1891, and so on until the sum of twenty- five thousand dollars ($25,000) is reached, at which last named amount said congressional appropriation is thereafter to remain fixed annually; and Whereas, it is provided by said act of con- gress that the money thereby appropriated shall be applied to the more complete endowment and maintenance in the several states and territories of colleges for the benefit of agriculture and the mechanic arts, which now are and may be hereafter etablihed in accordance with an act of congress approved July 2, 1862 (wherein no distinction on account of race or color is made in the admission of students), and that said money 'shall "be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathe- matical, physical, natural, and economic science, with special Subdiv. 19. STATE UNIVERSITY. 133 reference to their applications in the industries of life, and to the facilities for such instruction;" and, Whereas, it is provided by said act of congress that "no portion of said moneys shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings/' and that if said moneys be diminished or lost they shall be replaced by the state or territory to which they belong; and that the grants of money authorized by said act of congress are made subject to the legislative assent of the several states and territories to the purpose of said grants (or upon the assent of the governor thereof during the recess of the legislature); and, Whereas, it is provided by said act of congress that the moneys thereby appropriated shall be paid from time to time to the state or territorial treasurer, or other officer who may be designated by law to receive the same, who shall, upon the order of the trustees of the college described in said act, immediately pay the same over to the treasurer of the educational institution entitled to receive the same; and, Whereas, the college of agri- culture and the mechanic arts (now designated by law as the industrial college) of the University of Nebraska is the college now existing in this state, organized under the provisions of the act of congress of 1802, and thereby entitled to receive the mon- eys appropriated by the said act of congress of August 30, 1890 ; and, Whereas, the treasurer of the state of Nebraska has re- ceived the sum of fifteen thousand dollars, the first installment of money appropriated under the said act of congress last named, in pursuance of the assent of the governor: Therefore, Be it enacted by the Legislature of the State of Nebraska: Assent given. That full and complete acceptance, ratification, and assent is hereby made and given by the state of Nebraska to all and every one of the grants, purposes, terms, and condi- tions set forth in an act of the congress of the United States approved August 30, 1890, entitled "An act to apply a portion of the proceeds of the public lands to the more complete endow- ment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provisions of an act of congress approved July 2, 1862." SEC. 34. Appropriation. That all moneys that now are or may hereafter be received by the state treasurer or other state officer, in pursuance and by virtue of the said act of congress, are hereby specifically appropriated and set apart solely for the more complete endowment, support, and maintenance of the 134 SCHOOL LAWS OP NEBRASKA. Subdiv. 19. college for the benefit of agriculture and mechanic arts now existing in this state under the provisions of an act of congress approved July 2, 1802, and designated by law as the industrial college of the University of Nebraska; and all of said moneys shall be immediately paid over by said treasurer to the authori- ties of said college, hereinafter designated, without further war- rant or authority than is contained herein. SEC. 35. Trustees, Treasurer, Powers. That for all in- tents and ^purposes of this act and of the said act of congress, and to carry the latter into full effect in this state, the board of regents of the University of Nebraska shall be "the trustees of the college" described in the said act of congress, approved August 30, 1890, and referred to in the title of this act, and such fiscal officer as the said board of regents may name and desig- nate and appoint to receive and disburse said moneys under their orders shall, for all intents and purposes of this act, and of the said act of congress last mentioned, be the "treasurer" of the said college, and to this officer the state treasurer shall im- mediately pay over, upon the order of the said board of regents, all moneys which are now in his hands, or which may be here- after received by virtue of the said act of congress for the use and benefit of said college. The said board of regents are hereby authorized and empowered to make such orders and regulations for the security, control, management, and disbursement of the said moneys as to them shall seem wise and proper and for the best interests of the college. SEC. 36. Merrill fund Application. That all moneys that may be received by the state treasurer, or other state officer, in pursuance and by virtue of an act of the congress of the United States, approved August 30, 1890, entitled "An act to apply a portion of the proceeds of the public lands to the more com- plete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the pro- visions of an act of Congress approved July 2, 1862" shall be immediately, upon the receipt thereof, paid over by said treas- urer, or other officer, to the officer authorized to receive the same, by the board of regents of the University of Nebraska, without further warrant or authority than is herein contained: in accordance with an act of the legislature of the state of Ne- t>raska approved March 19, 1891. Subdiv. 20. EDUCATIONAL CORPORATIONS. 135 SUBDIVISION XX. EDUCATIONAL CORPORATIONS. 14. Trustees a body politic. 15. Universities, how incorporated. 16. Trustees. 17. Same Powers. 18. Foreign corporations Diplomas, etc. 19. Same procedure. 20. Same Powers, diplomas, etc. 21. Reorganization. 22. Powers of trustees. 23. Same. 24. Acts legalized. 1. How incorporated. 2. Value of property. 3. Trustees. 4. Failure to elect. 5. Devises and donations. 6. Faculty. 7. Academy. 8. Existing corporations. 9. Increase of capital stock. 10. Notice. 11. Liability of stockholders. 12. Trustees of endowment fund. 13. Application of fund, how changed. SECTION 1. -How incorporated. Any number of persons, not less than five, desiring to establish a college, university, normal school, or other institution for the purpose of promoting educa- tion, religion, morality, agriculture, or the fine arts may, by complying with the provisions of this subdivision, become a body corporate and politic with perpetual succession, and may assume a corporate name by which they may sue and be sued, plead and be impleaded in all courts of law and equity; may have a corporate seal, and the same alter and break at pleasure ; may hold all kinds of estate, real, personal, or mixed, which they may acquire by purchase, donation, devise, or otherwise, neces- sary to accomplish the objects of the corporation, and the same to dispose of and convey at pleasure. SEC. 2. Value of property. To ascertain the property and value thereof, of any institution desirous of becoming a body corporate, under the provisions of this subdivision, it shall be the duty of the probate judge of any county of this state, on application in writing, of any number of persons not less than five, of whom not less than five shall be resident freeholders of the county where such application is made, or where such insti- tution is or is intended to be located, setting forth the objects for which they desire to become incorporated, to select three dis- interested freeholders of the county and voters therein, as ap- praisers, who shall first take an oath for the faithful discharge of their duties, before some competent officer, and such appraisers shall then proceed to make a schedule, and upon actual view to appraise the true value, in money, of all such goods, chattels, lands, and tenements, choses in action, rights, credits, and sub- scriptions, as such applicants shall exhibit to such appraisers, and shall return such schedule with their appraisement, and cer- tificate of some officer authorized to administer oaths, thai, such appraisers were first duly sworn by him to discharge their duties as such appraisers, to the probate judge of the proper 136 SCHOOL LAWS OF NEBRASKA. Subdiv. 20. county; and if the amount so found shall be equal to the sum required for the commencement of any such institution as said applicants desire, such probate judge shall give such applicants a certificate of the fact, and they shall enter it into a book of records, by them provided for that purpose, which certificate, together with the corporate name and the articles of association, they shall also cause to be recorded in the county clerk's office of the county where such institution is or is intended to be located, and they shall thenceforward be a body-corporate and politic, according to the provisions of this subdivision; and such probate judge, appraisers, and county clerk shall be entitled to the same fees as for like services in other cases, and no more. SEC. 3. Trustees. The corporators of any college or univer- sity, which may be organized in accordance with the provisions of this subdivision, may elect five or more trustees, of whom not less than five shall be resident freeholders of the county where such college or university is located, who shall constitute a board of directors for such institution, and they shall have power to fill vacancies that may occur in their board, and shall hold their officers until their successors are elected and qualified according to the rules and by-laws that may be adopted by the board of trustees, but at all times at least five of such board of trustees shall be residents, freeholders of the county where such institu- tion is located; and when any such board, in their corporate name, shall have acquired for the benefit of such institution five thousand dollars, in real and personal property, to be ascer- tained as herein provided, said trustees shall have power to appoint a president, professors, tutors, and teachers, and any other necessary agents and officers, and fix the compensation of each, and may enact such by-laws not inconsistent with the laws of this state or the United States, for the government of the in- stitution, and for conducting the affairs of the corporation, as they may deem necessary, and shall have power to confer, on the recommendation of the faculty, all such degrees and honors as are conferred by colleges and universities of the United States, and such others, having reference to the course of study and the accomplishment of the student, as they may deem proper. SEC. 4'. Failure to elect. In case it should happen that an election for directors should not be held on the day appointed by the by-laws of any institution or company formed under the provisions of this subdivision, such corporation shall not, for that reason, be deemed to be dissolved, but it shall be lawful on any other day to hold a meeting and elect its directors in such manner as shall be prescribed by the by-laws thereof. SubdiV. 20. EDUCATIONAL CORPORATIONS. 137 SEC. 5. University, college, theological seminary, or academy holding property in trust. The trustees of any uni- versity, college, theological seminary, or academy, may hold in trust any property, devised, bequeathed or donated to such in- sitution upon any specific trust consistent with the object of said corporation. Provided, however, that any corporation formed for the purpose of providing theological education, or giving religious instruction, or for the purpose of maintaining and operating a theological seminary in connection with, or on the part of, any religious sect, association or denomination, is hereby authorized and empowered to set forth in its articles, or certificate of incorporation, as a part of the same, the name of the religious sect, association or denomination with which it is connected, and to declare that it shall acquire and hold its real and personal property in trust for the purpose of theological education or instruction, according to the standards of said religious sect, association or denomination, and it ia further authorized and empowered to grant to the supreme court or other ecclesiastical body of such religious sect, association or denomination, whether the same be a conference, presbytery, synod, general assembly convocation, or otherwise, the right to approve the election of its directors, trustees, professors, teach- ers and instructors, without which approval the election of said directors, trustees, professors, teachers and instructors shall not be valid; and it is further authorized and empowered to grant to said supreme court or other ecclesiastical body of such re- ligious sect, association or denomination, authority to appear in any court of competent jurisdiction in the name of such per- son as it may designate for and on its behalf, to protect the trust in and to said property so declared in said articles of in- corporation, and to provide against the misuse of the same, and to enforce the rights conferred on said supreme court or other ecclesiastical body of such religious sect, association or denomi- nation, by the terms of said article or certificate of incorpora- tion; and it is further authorized and empowered to set forth in its articles or certificate of incorporation, such other rights as to the administration of the purpose for which it is organized, and not inconsistent with the -laws of this state, or of the United States, as said incorporations may desire to confer on said su- preme court or other ecclesiastical body of such religious sect, association or denomination, and said supreme court or other ecclesiastical body of such religious sect, association or denomi- nation, shall possess and exercise all the rights a.nr corporation violating the provisions of this act shall, upon conviction thereof, for each and every offense, be fined in a sum of not less than twenty dollars and not more than fifty dollars, and costs of suit, or be imprisoned for not less than ten or more than thirty days, in the discretion of the court. Approved April 8, 1903. OFFICIAL DECISIONS OF THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION ON THE SCHOOL LAWS OF NEBRASKA 1881-1903 (163) PEEFAOE. These decisions comprise the principal rulings of the following administrations : STATE SUPERINTENDENTS. YEARS. W. W. W. Jones 1881-1886 Geo. B. Lane 1887-1890 A. K. Goudy 1891-1894 H. R. Corbett 1895-1896 W. R, Jackson 1897-1900 Win. K. Fowler 1901-1905 The legislature has declared that the decisions of the state superintendent shall be held to have the' force of law until re- versed by the courts. "He [state superintendent] shall decide disputed points in school law, and all such decisions shall be held to have the force of law till reversed by the courts." Section 4, subdivision VIII, chapter 79, Compiled Statutes of Nebraska. It is a fact worthy of notice that the supreme court of this state has reversed only two rulings of this department within the last twenty years. The school laws referred to herein are the School Laws of Ne- braska as revised and amended in 1903, chapter 79 of the Com- piled Statutes of Nebraska for 1903, unless otherwise specified. One object of this publication is to give school officers and teachers a better understanding of the legal machinery govern- ing matters of educational interest. Were these questions prop- erly understood and then carried out in accordance with the law, many petty quarrels and much serious .trouble winch often work a great detriment to the schools, might be averted. It must be remembered that the decisions are based upon the laws now in force. Every legislature makes some changes in the school laws. Hence, these rulings will necessarily be modi- fied by new laws enacted or old ones amended or repealed. In cases where there is no law to govern and no decision of the court to guide, the state superintendent has been governed by the counsel of the attorney general of Nebraska and by the supreme court rulings of other states. (165) 166 SCHOOL LAWS OP NEBRASKA. On questions of importance not answered in the school laws or in these decisions, be free to write this department. But let me urge upon the county superintendents especially a careful study of this edition of decisions on the school laws, and of the supreme court rulings cited therein, before writing. The supreme court of Nebraska has laid down the following rules governing the interpretation and construction of statutes: (1.) In the interpretation and construction of statutes, ascer- tainment of the intention of the legislature is the end or purpose to be accomplished. (2.) Where a law is plain and certain in its terms and free from ambiguity and a reading suffices, no interpretation is needed or proper. This department, with its limited office force, is overburdened with official correspondence. The official decisions, important and unimportant, average two hundred a month. Superintend- ents who master this edition, the school laws and supreme court decisions on school matters, will add to their influence and suc- cess, beyond measure, as compared to those who neglect to qual- ify themselves for. the legal duties of their office. There are weak, careless, and indifferent superintendents as, well as the same kind of teachers. The superintendent who is industrious and makes himself fully acquainted with the duties of his office and knows how to apply the law of common sense is always a suc- cess. Do not expect a specific ruling for every phase of a case that may arise. Apply the law of common sense and act, calmly, deliberately, decisively. The following statements explain the manner in which this department will treat all correspondence relative to legal ques- tions from patrons, teachers, and school officers: STATE SUPERINTENDENT'S OFFICE LINCOLN, NEBRASKA. , 1903. DEAR SIR: Yours of received. In compliance with the following" resolution passed by the County Superintendents' Section of the State Teachers' Association, 1903, I have referred your letter to your County Superintendent, who is in possession of the decisions of this office from 1881 to 1903. Almost every possible question that may arise under our school laws is answered in these decisions. Yours very truly, State Superintendent of Public Instruction. THE RESOLUTION. WHEREAS, It has been the custom of a great number of teachers, patrons and school officers throughout the state to write the state OFFICIAL DECISIONS. 167 superintendent for a decision on legal questions before consulting 1 the country superintendent for his decision, and WHEREAS, The state department often finds it difficult to pass intelli- gently upon these questions when only one side to a controversy has been heard; therefore be it RESOLVED, That in order to insure harmony between the state depart- ment and the county superintendent, and also to aid these officers to discharge their respective duties in an impartial manner, all questions of this nature be referred to the county superintendent. STATE SUPERINTENDENT'S OFFICE LINCOLN, NEBRASKA. 1903. MY DEAR SUPERINTENDENT: In compliance with the following resolution passed by the County Superintendents' Section of the State T( -.. -hers' Association. 1903, I would respectfully request that you give the enclosed letter your personal and immediate attention. Consult freely the Supreme Court Decisions and Decisions of the State Superintendent found in the Seventeenth Biennial Keport of this department. If any question arises on which you desire the opinion of this department we shall be pleased to give it upon your request. Yours very truly, State Superintendent of Public Instruction. It js hoped that city superintendents and high school princi- pals as well as county superintendents will find these decisions a great help to them in the discharge of their official duties. Those who teach school law in institutes will find this edition valuable in the interpretation of our School Laws. W. K. FOWLEB, Superintendent of Public Instruction. Lincoln, June 1, 1903. 168 SCHOOL LAWS OF NEBRASKA. DECISIONS WHICH APPLY TO ALL DISTRICTS. I. ALIEN. A legal voter, when. An alten, male or female, who possesses all of the qualifications relative to age, residence and ownership of property, or having children of school age, is a voter. The mat- ter of being an alien does not enter into the question. II. BIBLE READING IN THE PUBLIC SCHOOLS. Chief Justice Sullivan asserts that the law does not forbid the use of the Bible in public schools. The point where the courts may interfere is where the use of the Bible in a public school has degenerated into abuse, where a teacher instead of giving secular instruction has violated the constitution by becoming a sectarian propagandist. The court holds that whether it is prudent or po- litic to permit the reading of the Bible in the schools is a ques- tion for the school authorities, but whether the practice has taken the form of sectarian instruction is a question for the courts to determine upor, evidence. Every alleged violation must be established by competent proof. In the case in question, Daniel Freeman against School Dis- trict 21, Gage County, the court holds that the evidence shows that the constitution was violated, that the exercises complained of were sectarian. A writ of mandamus is granted against the teacher and the school board. The court says: "Undoubted^ the teacher is a sincere and well meaning young woman, and was actuated by the purest and best motives but in discharging what she conceived to be an im- perative duty to her Creator she violated a right secured to the relator by the supreme law of the state." The syllabus of the opinion is as follows : "1. The right of all persons to worship Almighty God accord- ing to the dictates of their own consciences is declared by the constitution of this state to be a natural and indefeasible right. "2. There is nothing in the constitution or laws of this state, nor in the history of our people, upon which to ground a claim that it is the duty of government to teach religion. "3. The whole duty of the state with respect to religion is 'to protect every religious denomination in the peaceable enjoyment of its own mode of public worship.' "4. Enforced attendance upon religious services is forbidden by the constitution, and pupils in a public school cannot be re- quired either to attend such services or to join in them. OFFICIAL DECISIONS. 1()9 "5. A teacher in a public school, being vested during school hours with a general authority over his pupils, his requests are practically commands. "6. It is immaterial whether the objection of a parent to his children attending, and participating in, a religious service con- ducted by a teacher in the school room during school hours, is reasonable or unreasonable. The right to be unreasonable in such matters is guaranteed by the constitution. "7. The law does not forbid the use of the Bible in the public schools ; it is' not prescribed either by the constitution or the stat- utes, and the courts have no right to declare its use to be un- lawful because it is possible or probable that those who are priv- ileged to use it will misuse the privilege by attempting to propa- gate their own peculiar theological or ecclesiastical views and opinions. "8. The point where the courts may rightfully interfere to pre- vent the use of the Bible in a public school is where legitimate use has degenerated into abuse; where a teacher employed to give seculiar instruction has violated the constitution by becoming a sectarian propogandist. "9. Whether it is prudent or politic to permit Bible reading in the public schools is a question for the school authorities; but whether the practice of Bible reading has taken the form of sec- tarian instruction is a question for the courts to determine upon evidence. "10. It will not be presumed in any case that the law has been violated; every alleged violation must be established by com- petent proof." Chief Justice Sullivan in an exposition of the court's ruling in this particular case used the following language: "The decision does not, however, go to the extent of entirely excluding the Bible from the public schools. It goes only to the extent of denying the right to use it for the purpose of imparting sectarian instruction. The pith of the opinion is in the syllabus- which declares that 'exercises by a teacher in a public school in a school building, in school hours, and in the presence of the pupils, consisting of songs and hymns, and offering prayer to the Deity in accordance with doctrines, beliefs, customs or usages of sectarian churches or religious organizations, is forbidden by the constitution of this state.' "Certainly the Iliad may be read in the schools without incul- cating the belief in the Olympic divinities, and the Koran may be read without teaching the Moslem faith. Why may not the 170 SCHOOL LAWS OF NEBRASKA. Bible also be read without indoctrinating children in the creed or dogma of any sect? Its contents are largely historical and moral; its language is unequalled in purity and elegance; its style has never been surpassed; among the classics of our litera- ture it stands pre-eminent. IS IT A SECTARIAN BOOK? "It has been suggested that the English Bible is, in a special and limited sense, a sectarian book. To be sure there are, accord- ing to the Catholic claim, vital points of difference with respect to faith and morals between it and the Douay version. In a Penn- sylvania case cited by counsel for respondents the author of the opinion says that he noted over fifty points of difference between the two versions, some of them important and others trivial. These differences constitute the basis of some of the peculiarities of faith and practice that distinguish Catholicism from protest- antism and make the adherents of each a distinct Christian sect. But the fact that the King James translation may be used to inculcate sectarian doctrines affords no presumption that it will be so used. The law does not forbid the use of the Bible in either version in the public schools; it is not proscribed either by the constitution or the statutes, and the courts have no right to de- clare its use to be unlawful because it is possible or probable that those who are privileged to use it will misuse the privilege by attempting to propagate their own peculiar theological or ecclesiastical views and opinions. WHERE COURTS MAY INTERVENE. "The point where the courts may rightfully intervene, and where they should intervene without hesitation, is where legiti- mate use has degenerated into abuse; where a teacher employed to give secular instruction has violated the constitution by be- coming a sectarian propagandist. That sectarian instruction may be given by frequent reading, without note or comment, of judiciously selected passages, is, of course obvious. A great modern philosopher perhaps the greatest has said that per- sistent iteration is the most effective means of forcing alien con- ception upon reluctant minds. Whether it is prudent or politic to permit Bible reading in the public schools is a question for school authorities to determine; but whether the practice of Bible reading has taken the form of sectarian instruction in a particular case is a question for the courts to determine upon evidence. "It cannot be presumed that the law has been violated; fhori LATION, 25,000 TO 40,000, SCHOOLS IN board of education, 83-87 accounts, expenditures, 88 attorney, 87 bond of, 87 bond of members, 86 control, 83 election, 85 election, women, 84 meeting's, 84 oath of office, 84 officers, 85 president, 85 secretary, 85 oath, bond, 86 treasurer, 87 bond of, 87 vice president, 85 quorum, 87 salary of members, 85 vacancies, 87 bonds, 93 purchase before maturity, 93 census, 88 control of funds, 93 district, body corporate, 82 estimate of expenses, 90 funds, control of, 93 interest, 30 limitation of taxation, bonds, 91 payment of debts, 89 property and funds, 87 taxes, 92 teacher's certificate, 89 sale of property, 89 women, election, 84 warrants, 92 CITIES." SCHOOLS IN, 74-82 board of education, 75 accounts audited, 78 appropriations, 78 ballot, 76 census, 78 committee on claims, 78 CITIES, SCHOOLS TN Concluded. board of education- compensation, 76 constituted, how, 75 control, general, 74 election of members, 75 returns, canvass, 76 estimate of funds needed, 80 meetings, 76 members prohibited from con- tracting- with district, 79 oath of oilice, 76 officers election, ballot, 76 president, 77 secretary, duties, bond, 77 treasurer, city treasurer ex ojficio, 77 bond, 77 vice president, 77 quorum, 78 records, subject to inspection, 78 report to county superintend- ent, 78 term of office, 75 vacancies, 78 how filled, 78 bonds, 81 interest, 81 purchase before maturity, 82 sinking fund, 81 investment, 81 securities, sale of, 82 census, 33, 78 certificate, teachers', 78 districts changes in boundaries, 14 funds, 77, 82 name and style, 74 property, 77, 79 territory outside municipality, new district, 73 examining committee, 79 funds, 77 control of, 82 indebtedness, payment, 79 property, 77 sale of, 79 report to county superintend- ent, 79 superintendent of public instruc- tion, election of, 76 taxes, maximum levy, 80 warrants, 65 CLASSIFICATION OF SCHOLARS, 37, 42 COLLEGES, See Corporations, Ed- ucational. 204 INDEX. COLLEGES OF UNIVERSITY OF NEBRASKA. See V. of N. COMMISSIONER PUBLIC) LANDS AND BUILDINGS, give deed for site on school land, 69 COMMISSIONERS, COUNTY. See County Board. COMMON SCHOOLS, instruction free, 10 COMPROMISING INDEBTED- NESS, See Bonds. COMPTROLLER'S REPORT, metropolitan city, 110, 111 COMPULSORY EDUCATION, attendance evening schools, 303 exemptions, 102, 103 physician's examination, 103 transportation, free, 102 list of delinquents, 102 monthly report to city super- intendent, 103 monthly report to county sup- erintendent, 103 parochial school, 102, 103, 104 private school, 102, 103, 104 public school, 102, 103, 104 record shall be kept, 103 enumerators duties of, 105 oath of parent or guardian, 106 penalty for refusing, 106 special schools equipments, 105 truants made to attend, 105 truant officers boards may appoint, 104, 105 compensation of, 104 complaint filed by, 105 director shall act, 104, 105 notice to parent, 104 violation of act penalty, 105 CONCURRENT RESOLUTION Floral Emblem, 162 CONDEMNATION OF SITE FOR SCHOOLHOUSE, 69 CONSTITUTIONAL PROVISIONS RELATIVE TO EDUCATION. ART. VIII., 9-11 CONTRACT. officer as teacher, 29 officer with district, prohibited, 41, 78, 97 publishers, text-books, 119 form of, 120 violation of, penalty, 120 teacher's, 32 4 33 CONVEYANCE. district property, 26 CORPORATIONS, EDUCATIONAL, 135 academies, incorporation, 138 capital stock increase, 139 notice, 139 colleges, 57-59, 135 diplomas, 57, 59, 60, 143-144 existing corporations, 139 faculties, 138 foreign corporations, diplomas, degrees, 143 status ascertained, 143 funds, application, how changed, 141 holding property in trust, 137 incorporation, 60, 135 legalization of acts, 145 name, change, 145 Nebraska University, reorgan- ization, 144 trustees, power, 144 normal schools, 50, 70 property, appraisal, 135 stock (see Capital Stock), 139 stockholders, liability, 140 trustees, body politic, 140 election, 136 powers, 136, 142, 144 universities, incorporation, 141 trustees, appointment, powers, 136, 142 COSTS. appraisal of site, 69 COUNTY BOARD, appoint county superintendent to fill vacancy, 54 appropriation for institute fund, 61 assess taxes on division of dis- trict property, 18 levy of taxes, voted at annual meeting, 25 salary of county superintendent determined by, 50 COUNTY CLERK, levy taxes, 37 notice of election of county su- perintendent, 50 transfer taxes, 38 COUNTY SUPERINTENDENT, 50- 55 account, statement of, 50, 61 appoint appraisers of site, 60 district officers, 28, 41, 42 appointment of, by county board, to fill vacancy, 55 INDEX. 205 COUNTY SWPT. Continued. apportionment of state school fund, 64 certificate of, 65 record, 64 blanks and communications re- ceived from state superintend- ent, dispose of, 54 bond, 21 books, deliver to successor, 53 certificate of financial and cen- sus reports, 65 certificates, teachers' (see Teacher), 51, 57 branches required, 51, 52, 59 endorsement, 51 form, 51 grades, 52 record, 52 revocation, 52, 62 hearing-, 52 compensation, 22 districts created and boundaries changed, 13-20 action, discretionary, 14 obligatory, 14 notice to taxable inhabitant, 16 new notice, 28 petitions, filed, 16 property, division, 17-20 record, 17 report, 19 division of district property, 17- 20 arbtration, 20 certificate of amount due, 18 division of district property sale of schoolhouse, 18 duty to attend institute, 16 election, 50 examination of teachers, 51 notice, 51 penalty, 51 institutes, 60-62 kinds of, 55, 60, 61 fund, disbursement, 61 statement, 61 normal, must attend, 61 lectures, 53 mandamus, application for 2 29 map of districts, 19 notices arbitration, division district property, 20 formation of district, 15 new notice, 28 report of director, when due, 54 COUNTY SUPT. Concluded. notices transfer of pupils to adjoining district, 38 oaths, administered by, 36 papers, delivered to successor, 53 petitions, filed, 16 record, 16, 53 deliver (with books and pa- pers) to successor, 53 reports change in district boundaries, 19 dismembered district, 20 district, examination of, 54 notice, when due, 54 to state superintendent, 54 to superintendents of institute for the blind and institute for the deaf, 54, 55 salary, determined by county board, 50 site of schoolhouse, determined by, 24 statement of account, 51 institute fund, 61 term of office, 50 time allowed, 50 transfer of pupils to adjoining district, 38 notice of same, 38 vacancy in office, how filled, 54 visit schools, 53 COUNTY TREASURER, adjust tax list, 19 collect and pay over district taxes, 37 fee for receiving and disbursing apportionment, prohibited, 64 COURSE OF STUDY, high school district, 42 primary district, 37 DECISIONS. See Official Decisions, 163-200. See also index to official decisions. DEED. district property, 26 moderator sign and acknowl- edge, 26 record, 27 site on school land, 69 DEGREES. foreign corporations, 143 University of Nebraska, 124 DEPUTY STATE SUPERINTEND- DENT. duties, salary, 56 DIPLOMAS. college and normal, 59 206 INDEX. DIPLOM A S Von dud ed . foreign corporations, 114 Nebraska State Normal School, 70-73 state normal in other states en- dorsement, 57 University of Nebraska, 110 DIRECTOR. See Officers, District. DISTRICTS, body, corporate, 13, 74 debts, 21 denned, 13 dismembered, 21, 22 disturbance of meeting, fine, 30 extent of, 15 formation and division, 13-20 attachment of portion to ad- joining' district, 15, 16 changes on account of streams, 15 county divided into districts, 13 discontinuance of district, 15 discretion of county superin- tendent, 14 extent of district, 15 list of voters, 15 new district, when formed, 13 notice of petition, 14 to taxable inhabitant, 16 new notice, 28 record, 17 return, 16 to voters, 16 petition, 14 may not be refused, when, 14 property, division of, 17-20 amount due in installments, 17 assessment by county board, 18 certificate of, 18 arbitration, award fees, 20 bonded indebtedness, charge upon original district, 17 report of change, 19 return of notice, 16 sale of schoolhouse, 18 tax list adjusted by county treasurer, 19 two districts made from one, 15 high school, organization, 41, 42 indebtedness, compromise bonds, . ? 9 joint districts, 20 appertionment to, 64 name and style,, 13, 74 organization, 17, 28, 41 DISTRICTS Concluded. unbonded indebtedness, 19 unsatisfactory division, 20 property, division of, 17-20 represented in litigation by treasurer, 31 DISTRICT BOARD. See Board, District. DISTRICT OFFICERS. See Offi- cers, District. EDUCATIONAL CORPORATIONS. See Corporations, Educational. ELECTIONS. county superintendent, 50 notice of by county clerk, 50 district officers, 27, 28 board members in city dis- tricts, see Schools in Cities. trustees of high school dis- trict, 42 to vote district bonds, 94 EMBEZZLEMENT, district funds, 64 ENTOMOLOGIST, STATE, 122 EXAMINATION OF TEACHERS. See Teacher. EXAMINING COMMITTEES. See City Schools. EXPENDITURES, ESTIMATE OF, 34, 43 FEES. examination, teachers, 61 matriculation, State Normal School, 72 registration, normal certificate, diploma, 72 FINES, 10, 62, 63 FLORAL EMBLEM (Resolution), 162 FUNDS, COMMON SCHOOL. See Sclwol Funds. FUNDS, DISTRICT, appropriation, 40 building, 25 disbursements, 40 misuse of, embezzlement, 64 payment to unqualified teacher prohibited, 33, 40 teachers' division of, on creation of dis- trict, 19 transfer of money, 26 turned over by treasurer to successor, 31 FUNDS, INSTITUTE, 61, 72 FUNDS, NORMAL SCHOOL, 72 library, 72 INDEX. 207 FUNDS, TEACHERS', apportionment, 64 appropriation, 40 division of, upon creation of dis- trict, 19 GEOLOGIST, STATE, 122 GOLDEN ROD. floral emblem for Nebraska, 162 GOVERNOR, may examine records of state superintendent, 55 GRADING OF SCHOLARS, 37-42 HIGH SCHOOL DISTRICTS, 41-49 board of trustees, organization, 42 course of study, 42 election of officers, 42 estimate of taxes, 43 free attendance, 43 cost of attendance must be re- ported to county board, 44 expense of adjunct district, 44, 45 non-resident pupils, admission, tuition, 42 officers, election, appointment, 42 organization of district, 41 powers and duties, 42 receipts and expenditures, state- ment of, 43 rules and regulations, 42 rural hig'h school, 45 teachers, employment of, 42 II Kill SCHOOL REDEMPTION BONDS, 98 HOUSE, SCHOOL, building- of, 25, 38 care of, 35 lease, 25, 38 purchase, 25 sale of, 18, 37 site for, how designated, 24 change of, 24 INDEBTEDNESS, DISTRICT, bonded, remains a charge upon original district, 18 compromise bonds, 99 unbonded, considered in division of property, 19 INSTITUTES, TEACHERS', 60-62 county, 53, 60 revocation of certificate for failure te attend, 61 schools closed during 1 insti- tute, 61 fund, 61 disbursement, 61 fee, examination, 61 INSTITUTES, TEACHERS' Cow. fund statement of county superin- tendent, 62 normal, 55 INSTRUCTION IN neighboring districts, 39 INSTRUCTION FREE in common schools, 10 INTEREST. district bonds, 94 district warrants or orders, 65 JOINT DISTRICTS, apportionment to, 64 formation, 20 reports, 20 JOINT RESOLUTION, "The Tree Plantevs' State," 162 JUNIOR NORMAL SCHOOLS, 73 LANDS, SCHOOL, abstracts, 146 account with county treasurers, 147 applications for lease require- ments, 150 appraisers, fees, 153 appraisement, 146 assignment, 153 board meeting, 145, 146 board of educational lands and funds, 145 charge to grand jury, 154 complaint, 154 county treasurer, 153 deed, 148 default of semi-annual rental, 150 destroying timber, 154 disposition of funds, 155 extension for final payment, 148 fees, 153 fines and penalties, 155 funds, disposition, 155 improvements, 153 interest, 148 invest fund, 146 lease, applications, 150 partial payment, 148 payment extended, 148 purchase by church or cemetery association, 148 purchase by school district, 148 reappraisement, 146 records, 147 rental, default, 150 sale, 148 subdivision into lets, expense, 153 surrender portion, 148 208 INDEX. LANDS, SCHOOL Con eluded. taxation, 149 timber destroying", 154 trespass, 154 LIBRARIES, PUBLIC. deposit of reading matter, 159 directors, appointment, term of onice, 157 powers and duties, 157 report, 158 donations, 159 establishment, 157 exemptions, 159 free to inhabitants of city or town, 158 funds, 168 librarian, appointment, compen- sation, 158 penalties, how recovered, 159 report of directors, 158 rules and regulations, 159 amendments, 159 taxes, 157 LIBRARY COMMISSION, 161 LICENSES, 10, 62, 63, 155 MANDAMUS, 29 MATRICULATION FEES. State Normal School, 72 University of Nebraska, 121 MEETINGS, DISTRICT. annual meeting, time, place, 22 determine length of term, 26 director, clerk, 32 estimate of expenditures, 34 statement of assessed ralu- tion, 36 statement of orders drawn,34 minutes read, corrected, ap- proved, 34 ite for schoolhouse desig- nated, changed, 24 taxes voted, maximum, 25 building: fund, 25 clerk pro tern., 32 determine amount of expendi- tures, 25 directions as to prosecution or defense of suit, 27 disturbance, arrest, 30 election of officers, 27, 42 high school districts, 41-49 lease of house or site, authorize, 24 moderator presides, 29 notice, 23 org-aaization of new district, 17 notice, 16, 28 return of notice, 17 record, 17 MEETINGS, DISTRICT Concluded. president pro tern., 30 purchase house or site, author- ize, 24 sale of district property author- ize, 26 special meetings, 22 called upon request of five voters, 22 notice, contests, 23 transfer of funds, 26 voters, qualifications, 23 challenge, 23, 24 oath, 23 penalty for perjury, 24 rejection of vote, 24 METROPOLITAN CITIES, SCHOOLS IN, 107, 118 board of education, 107 census, 111 control of schools, property, etc., 107 election of members, 108 election of superintendent and teachers, 109 meetings, 108 members prohibited from con- tracting with district, 111 oath of office, 108 officers, 109 order vote upon the issuance of bonds, 113 powers, 108, 109, 110 quorum, 110 report to city council estimate of amounts required for school purposes, 112 report to county superintend- ent, 111 bonds, election, rate per cent., sale, 113 investment, description, pay- ment, purchase, sinking fund, 113 committee on claims, 110 comptroller of city, examine rec- ords and accounts, report, 110 debts of superseded districts, payment, bonds, 112 district, body corporate, 107 division of, 112 elections, 114 canvass, 116 deposit of ballots, 117 list of voters, 116 oath, 117 opening the polls, 116 poll books, 115 proclamation, 114 INDEX. 209 METROPOLITAN CITIES, SCHOOLS IN Concluded. elections proof of residence, 118 secretary, 109 special elections, 117 superintendent, 108 teachers, 108, 109 voters, 115 women may vote, oath, 117 examining- committee, 111 funds, disposition of, 114 president, 109 property, 107 sale of, 111 secretary, 109 bond, oath, 109 duties of, 109 audit accounts, 110 election, 109 superintendent of school build- ings, 109 taxes, levied by city council, maximum rate, payment, 107, 113 teachers, 109, 111 certificates, 111 revocation, 111 election, 109 training" school, 118 treasurer, treasurer of city em offtcto, bond, 110 vice president, 109 MODERATOR, See Officers. MONTH, SCHOOL, 58 NARCOTICS, STIMULANTS, 59 NORMAL INSTITUTE, 55 NORMAL SCHOOL, STATE, admission of pupils, 70 board of education, 70 appointment of members, 70 appointment of principal, teachers, etc., 70 compensation, 70 expenses, 70 meeting's, 71 officers, 70 secretary, record, report, 70 officers treasurer, state treasurer ex ojficio, 70 record, 70 removal of principal, teachers, etc., 70 report, TO rules and reg-ulations, 71 state superintendent, ex ojftclo member, 70 NORMAL SCHOOLS, STATE Con- cluded. officers state treasurer ex ojficio mem- ber, 70 vacancies, how filled, 70 certificate from common school course, 71 registration in office of county superintendent, 73 fee, 72 revocation, 62 diplomas, 71 life diploma, lapse, 71, 72 registration in office of county superintendent, 72 fee, 72 dormitory, 72 endowment, 72 fee, matriculation, f2 registration, 72 funds, 72 control, 72 disbursement, 72 endowment, 72 library, 72 examination for admission to, 53 morals, 71 principal, appointment, duties,71 pupils, admission of, 73 purpose, 72 religious tests prohibited, 71 teachers, appointment, 70 NORMAL SCHOOLS, PRIVATE. See Corporations, Educational. NOTICES. county superintendent, to direc- tor to transfer pupils, 38 to districts to appoint arbitra- tors, 20 to county clerk of transfer, 38 to taxable inhabitant of new district, 16 new notices, 28 district meetings, 23, 34 parent to county superintendent, transfer of pupils, 38 petition to change district boundary, 14 school, 33 taxable inhabitant, 10 new notices, 28 OATH, OFFICIAL, board members in city districts, 75, 108 secretary of board of education, 109, 110 210 INDEX. OATHS, as to destruction of schoolhouse, or epidemic, 26 county superintendent may ad- minister, 36 statement of account and in- stitute fund, 50, 51 person taking- census, 33 report of director, 35 voter at district meeting-, 23 in metropolitan cities, 117 OFFICERS, DISTRICT. See also Board, District. acceptance of office, 27 filed with director, 27 appointment by board, 41 appointment by county superin- tendent, 28, 41, 42 contract with district prohib- ited, 41 director acceptance of office, 27 account of expenses, audited, 34 appear for district, when, 31 approval of teacher's report, 58 approval of treasurer's bond, 30 census taken by, 33 clerk of district board and dis- trict meeting's, 32 contract with teacher, 32, 33 demand, with moderator, new bond of treasurer, 31, 32 draw order and warrants, 31 34 present same to moderator, 35 estimate of expenditures, 34 make complaint for non-at- tendance of pupils between 7 and 15 years of age, 104, 105 minutes of meeting" read and approved, 34 notice of meeting-, 34 notice of school, 33 preserve books and papers, 32 record proceeding's, 17, 32 repairs, 34 report to county superintend- ent, 35, 36 director statement of assessed valua- tion, 36 statement of orders drawn, 34 election at annual meeting, 27, 42 at special meeting, 41 OFFICERS, DISTRICT Continued. moderator acceptance of office, 27 approval bond of treasurer, 30 contract with teacher, 32 demand, with director, new bond of treasurer, 32 orders, countersign, 29, 34 refusal, mandamus, 23 preside at district meetings, 29 record of orders and warrants issued, 35 remove or arrest disorderly person at meeting, 30 payment for services, 34 refusal to sign or pay orders, 29 county superintendent in- vestigate, 29 mandamus, 29 teach, when, 29 term of office, 22, 27, 28, 42 appointed to fill vacancies, 28 beginning of, 22 election at special meeting, 29 first year in new district, 27 high school district, 42 treasurer acceptance of office, 27 appear for district in suits, 31 appointment to fill vacancy, 28, 41, 42 bond, 30, 31 approval by director and moderator, 30 city districts, 77-109 director file with county clerk, 30 failure of sureties, 31 file with director, 30 liability of principal, sure- ties, 32 new bond, 31 contract with teacher, 32 election to fill vacancy de- clared, 32 misuse of funds, embezzle- ment, 64 payment of orders, 31 receipt of moneys from county treasurer, 31 record of receipts and expen- ditures, 31 register unpaid warrants, 65 failure to register, penalty, 66 keep books, 66 failure to keep, penalty, 66 notify holder of warrants, 66 failure to notify, penalty, 66 INDEX, 211 OFFICERS, DISTRICT Concluded. treasurer report to annual meeting re- ceipts and expenditures, 31 turn over to successor official books, papers, and funds, 31 vacancy filled by appointment, 28, 41, 42 by special meeting-, 32 racancy in office, how filled, 28, 30, 41 OFFICIAL DECISIONS, 163-200. See also index to official decisions. ORDERS, DISTRICT. See also Warrants. countersigned by moderator, 29, 31, 35 drawn by director, 29, 31, 34 endorsement, 65 interest, 65 payable, when, 65 record kept by moderator, 35 registration, 65 statement of, 34 PAUPER CHILDREN, EDUCA- TION OF, 49 tuition paid by county board, 49 PENALIT1ES. See Fines. PERMANENT , SCHOOL FUND. See Funds. PETITIONS, for officer to teach, 29 to call election to vote bonds, 82 to create district or change boundaries, 14 change affecting cities, 15 list of voters, 15 notice, 14 to issue compromise bonds, 99 PHYSIOLOGY AND HYGIENE, 59 PRICE LISTS, TEXT-BOOKS, 120 PROFESSIONAL CERTIFICATES. See Certificates, 58 PROFESSORS. See University. PROPERTY, district care and custody of, 40 division of, on formation of district, 17 lease, 39 purchase, 39 sale, 26, 39, 79, 111 granted for educational pur- poses, 9 taxable, statement of, 37 PUPILS. agre, 10, 33, 3.7 attendance at nearer school, 37 census, 33 PUPILS Concluded. expulsion, 39 grading, 37, 42 non-resident, tuition, 37 normal school, admission, 73 purchase books of board, 119 suspension, 39 QUORUM. board of education, city dis- tricts, 78, 110 district board, 36 RECORDS. director, 17, 32 moderator, 35 secretary, in city districts, 77, 109 treasurer, district, 31 REFORM SCHOOL, 11 REFUNDING BONDS. See Bonds. REGENTS. See Universitu. REPAIRS, 34 REPORTS. county superintendent, 19 director, 32, 35 joint districts, 20 taxes voted, 25, 36 teacher, 58 REVERSION OF SCHOOLHOUSE SITE. See Site. RULES AND REGULATIONS, city districts, 76, 107, 108 district board, 37 high school board, 42 normal school, 71 state superintendent prescribe for county superintendents, 54 rural high school, 45-48 SCHOLARS. See also Pupils. age, 10, 33 census, 33 grading, 37, 42 SCHOOL, defined, 13 SCHOOL DISTRICT. See District. SCHOOL FUNDS, 62-68 SCHOOLHOUSE. building, 25, 39 care and custody of, 40 lease, 25, 39 purchase, 25, 39 sale, 18, 26, 39 site condemnation, 69 appraisal, damages, 69 appeal, 69 fees and costs, 69 limitations, 69 reversion of title, 69 conveyance, 26 designated and changed, 24 212 INDEX. SCHOOLHOUSE Concluded. site lease, 25, 39 purchase, 25, 39 sale, 26, 39 school land, 69 deed by land commissioner, 69 title to, 40 SCHOOL LANDS. See Lands. SCHOOL LAWS. printing and distribution, 55, 56 SCHOOL MONTH, 58 SCHOOL YEAR, BEGINNING OF, 22 SCHOOLS IN CITIES. See Cities. SCHOOLS IN METROPOLITAN CITIES. See Metropolitan Cities. SCIENTIFIC TEMPERANCE IN- STRUCTION, 59 examinations, 59 SECTARIAN INSTRUCTION PRO- HIBITED, 11 SITE, 24, 69 title to, 40 STATE SUPERINTENDENT, apportionment of state school funds, 56, 57 blank forms, 54, 55 certificates, 58 decide disputed points in school law, 55 deputy, duties, salary, 56 determine free high schools, 43 examination, teachers', 58 member normal school board ex offlcio, 70 normal diplomas, endorsement, 57 normal institute, 55 office, open to inspection .of the governor and others, 55 price lists of books, print and distribute, 120 prescribe forms, 55 professional state certificates, 58 report of county superintendent, 54 report to governor, 56 rules and instructions for county superintendents, 54 school laws, print and distribute, 55, 56 visit schools, 55 STATE TREASURER, collect securities of school fund, 156 exhibit of school funds, 63 STATE TREASURER Con e/w/erf. member of board ,of educational lands and funds, 9 member normal school board, ex officio, 70 STATE UNIVERSITY. See Uni- versity of Nebraska. STIMULANTS AND NARCOTICS, 59 SUPERINTENDENT OF PUBLIC INSTRUCTION, city. See City Superintendent, 76 county. See County Superintend- ent, 50 state. See State Superintendent, 55, SUITS AT LAW. district meeting direct, 27 treasurer appear for district, 31 SUPPLIES, 34 SUPREME COURT DECISIONS. See Official Decisions, 163-200. See also Index to official dec-Is ions. TAXES. bonds, district, payment of, 97 city districts, 80, 107, 113 collection, 36, 37, district, 21 estimate of, 34, 43 levy, 25, 36, 37 lists, adjusted on, change in boundaries, 20 maximum rate, 25 paid to district treasurer on order, 37 state levy. See School Funds. transfer by county clerk, 38 voted at annual meeting, 25 building fund, 25 reported by board, 36, 37 TEACHER, 57-60 certificates city districts, 79 I revocation, 79 college and normal gradu- ates, 59 county branches required, 51, 52 endorsement, 51 form, 51 grades, 52 record, 53 renewal, 61 revocation, 51, 52, 62 necessary to contract, 32, 33, 40 normal school, 71, 72 endorsement, foreign, 57 registration, fee, 72 revocation, 62 INDEX. 213 TEA CltER Conclude*. certificates state, 58 branches required, 59 examination, 58, 59 lapse, 58, 59 without examination, 59 contract, 32, 33 certificate necessary, 32, 33, 40 district officer, on petition, 29 examination, 51, 59, 79 branches required, 51, 52, 59 notice, 57 qualifications, 57 unqualified teacher may not be paid district money, 33, 40 report to director, monthly ap- proval, 50 TEACHERS' 1'TND. See Funds. TEAT Halts' INSTITUTE. See In- stitute. TEMPORARY SCHOOL FUND. See Fund. TERM, SCHOOL. length, determined by annual meeting, 26 necessary to entitle district to apportionment, 26 TEXT-BOOKS. See Books. TRAINING SCHOOL. See Metro- politan Cities. TRANSFER OF FUNDS, 26 TRANSPORTATION OF PUPILS, 39 TREASURERS. county. See C oil nil/ Treasurer. district. See Officers, District. state. See 8ta1e Treasurer. TREE PLANTERS' STATE (Joint Resolution), 162 TRUANT OFFICER, 104, 105 TRUSTEES. See Higli School Dis- tricts and Corporations Educa- tional. TRUSTS, TEXT-BOOK, 120 TUITION. non-resident pupils, 37 pauper children, paid by county board, 49 TUTORS OF UNIVERSITY OF NEBRASKA. See University. UNIVERSITIES. See Corporations, Educational. UNIVERSITY OF NEBRASKA, 121 admission of students, 110 agricultural experiment station, 131 acceptance by state, 132 appropriation for, 133 UNIVERSITY OF NEBRASKA Continued. agricultural experiment station- preamble, 131, 132 treasurer, 134 trustees, regents, 134 battalion, cadet, 129 board of regents, 11, 124, 134 body corporate, 122 buildings, 329 compensation, 11, 129 diplomas and degrees granted by, 57, 124 election, 11, 122 meetings, 129 'powers and duties, 11, 122, 129, 134 report to governor, 125 term of office, 11 vacancies, how filled, 122 cadet battalion, 129 arms, equipment, 130 officers, 130 reports, 130, 13J. chairs of instruction, 123 chancellor, chief educator, com- pensation, election, 122, 129 colleges authorized, government of, 123 fine arts, 123 industrial, 123 law, 123 literature, science, and art, 123 medicine, 123 degrees, 124 diplomas, 124 endowment fund, 125, 126 faculties, 122, 129 fees, 124 funds, 125, 129 endowment, 125, 126 library, 124 regents, 125, 129 government, 11, 123, 129 instruction chairs of, 123 non-sectarian, 11 library fund, 124 location, 123 matriculation fee, 124 model farm, lands, 123 name, establishment, 121 professors, election of, 122, 129 compensation, 122, 129 duties, 122, 129 property, under control of re- gents, 122 regents. See Board of Regents, 11, 122, 129 214 INDEX. UNIVERSITY OF NEBRASKA Concluded. reorganisation, 131 rewards of merit, 124 steward, election, compensation, 122, 129 students admission of, 124 assistance of, 125 distinction prohibited, 125 scientific course, 125 text-books, 125 treasurer, 128 abolition of, 129 state treasurer, custodian of funds, 129 VACANCIES IN OFFICE, board, district, 27, 30, 41, 42 denned, 41 treasurer's office, 30 filled by district meeting 1 , 32 board of education city districts, 78, 87 state normal school, 70 county superintendent, 55 VALUATION OF TAXABLE PROP- ERTY statement, 36 VOTERS. challenge, 23 4 24 oath, 23 VOTERS Concluded. challenge penalty for perjury, 24 rejection of vote, 24 city districts lists, 116, 117 oath, 117 qualification, 23 VOTING, 161 illegal, penalty for, 161 WARRANTS. on county treasurer countersigned by moderator, 29, 31, 35 drawn by director, 29, 31, 35 record 1 ftpt by moderator, 35 on district treasurer countersigned by moderator, 29, 31, 35 drawn by director, 29, 31, 35 .on district treasurer endorsement, 65 interest, 65 payment, when, 65 record, kept by moderator, 35 lost, duplicate for, 67 investment of sinking- fund in, 67 penalty, 67 statement of, 34 INDEX TO OFFICIAL DECISIONS. DECISIONS WHICH APPLY TO ALL DISTRICTS, 168-188 Alien, 168 legal voter, when, 168 Bible Reading- in the Public Schools, 168-171 supreme court decision on, 168-171 Board Powers and Duties, 171- 173 cannot borrow money, 171 discharge teacher for cause, 171 expel pupil, 171 reinstatement of pupils, 172 relative authority of school officers and parents, 172 rent rooms for school pur- poses, 172 require teacher to show certi- ficate, 172 right to excuse for absence or tardiness, 172 when primary pupils may enter, 173 Closing School, 173-174 burning of schoolhouse, 173 epidemic disease, 173 holidays, 173-174 lost time, 174 Contracts, 174 equally binding 1 on both par- ties, 174 oral, 174 teacher cannot set aside, 174 Punishment, 175 corporal, 175 Pupils, 175-177 control of, while off school premises, 175, 176 detaining- after school hours, 176 expulsion and suspension, 176 female majority at eighteen, 175 free school privileges, 177 DECISIONS WHICH APPLY TO ALL DISTRICTS Continued. Pupils- graduation does not forfeit school privileges, 177 may be excluded if exposed to contagious disease, 177 punishment, 175 Residence, 177 Scientific Temperance, 177 The Teacher, 178-181 certificate, 180 compensation, 179, 180 contracts, 178 discharge of, 178, 179 employment, 178 not an officer, 178 refusal to pay wages, 180 rules and regulations, 180 substitute, 180 Text-Books, 181-182 funds for purchase, 181 includes supplies, 181 loaning books, 181 must furnish, 181, 182 pupils responsible for, 182 Transfer, 182-184 annual meeting- has no power, 182 application, 182 apportionment, 182 attend nearest school, 182 cannot be retransferred, 183 cannot be transferred to sec- ond party, 183 change of site, 183 director cannot reject trans- ferred pupils, 183 for school privileges only, 183 measuring- distance, 183 railroad bed does not transfer, 183, 184 renter, 184 revocation, 184 signatures to petition, 184 (215) 216 INDEX. DECISIONS WHICH APPLY TO ALL DISTRICTS Concluded. Vaccination, 184, 185 compulsory, 184 Voters, 185-J87 alien. See Alien. amount of taxable property necessary, 185 bond election, 185 dower interest, 185 homesteader, 185, 186 moderator. See Moderator, 190 penalty for illegal voting, 186 resident of unorganized terri- tory, 186 temporary absence, 186 transferred persons, 186 who are legal voters, 186 women vote at primaries, 186, 187 Warrants, 187, 188 draw interest, 187 duplicate for lost, 187 notice to holder .of district's liability to pay, 187 outlaw, 187 payment, 187 payment by consolidated dis- tricts, 187 penalty for postponing pay- ment, 187 what constitutes fund against which warrants may be drawn, 187, J.88 DECISIONS WHICH APPLY ONLY TO RURAL AND VILLAGE SCHOOLS, 188-200 Annual Meeting, 188 cannot relieve treasurer of re- sponsibility for money, 188 cannot select teacher nor de- termine wages, 188 determine length of term, 188 Board Powers and Duties, 188- 195 board as a body, 192-195 acceptance, 192 admit non-resident pupils,193 appointment, vacancy, 193 audit bills, 193 certain contracts not bind- ing upon district, 193 de facto, 193 election, 193, 194 furnish supplies, 194 general care of school, 194 hold over, 194 liability, 194 qualification, 195 DECISIONS WHICH APPLY ONLY TO RURAL AND VILLAGE SCHOOLS Con tin ited. Board as a body records and papers, 195 removal, 195 resignation, 195 sale of schoolhouse, 195 salary provided for by an- nual meeting, 195 vacancy, how filled, 195 director,' 188-190 a defacto officer, 188 contract with teacher, 188-189 custodian, 189 delegate authority, 189 draw orders on county treas- urer, 189 furnish supplies, 189 oath, 190 official certificate of, due no- tice of calling special meeting, 189 no power to act alone, 190 moderator, 190, 191 contract, cannot be com- pelled to sign, 190 mandamup, 190 may vote, 190 no power to act alone. See Director. oath not required, 190 officer de facto, 191 refusal to sign report to county clerk of tax levy, 191 treasurer, 191-193 account for funds, 191 appears for district, 191 bond, 191 custodian of funds, 191 hold over, 191 liability, 192 must not pay money except on orders, 192 refusal to pay orders, 192 release, 192 surety, 192 treasurer and his banker, 192 writ of mandamus cannot issue, when, 192 Contracts, 196 board member must not have pecuniary interest in, 196 certain, not binding upon dis- trict, 196 publisher's, 196 relationship, 195 teacher's 196 INDEX. 217 DECISIONS WHICH APPLY ONLY TO RURAL AND VILLAGE SCHOOLS Continued. Course of Study 2 196, 197 foreign language, 196 right to select studies, 197 who prescribes the, 197 Schoolhonse, 197, 198 care and custody of, 197 insurance, 197 number, in rural district, 198 plans for building, 198 removal, 198 repair, 198 sale, 198 Schoolhouse Site, 198, 199 adverse possession, 198 DECISIONS WHICH APPLY ONLY TO RURAL AND VILLAGE SCHOOLS Concluded. Schoolhouse Site- improving, 198 lease, 198 sale, 198 selection and change, 199 where is the site, 199 Special Meeting, 199, 200 call, 199 cannot determine school term, 199 county superintendent may call, when, 199 reconsider action z 200 validity, 200 re 06574 UNIVERSITY OF CALIFORNIA LIBRARY THIS VOLUME IS PUBLIC PROPERTY. It is to be kept in the custody of the school officers, and produced by them at all meetings of the district, for consultation by the voters, and must be delivered to their successors in office. One copy only is furnished each school district. 19O3-19O4