UC-NRLF General School Law of the State of Montana Provisions of the Enabling Act. Section 4. * * * And said (constitutional) conventions shall provide by ordinance irrevocable without the consent of the United States and the people of said states * * * Fourth. That provisions shall be made for the estab- lishment and maintenance of systems of public schools, which shall be open to all children from said states, and free from sectarian control. Section 10. That upon admission of each of said states into the Union, sections numbered 16 and 36 in every town- ship of said proposed states, and where such sections or any parts thereof have been sold or otherwise disposed of by or under the authority of any Act of Congress, other lands equivalent thereto, in legal subdivisions of not less than one quarter section, and as contiguous as may be to the section in lieu of which the same is taken, are hereby granted to said states for the support of common schools, such indem- nity land to be selected within said states in such manner as the Legislature may provide, with the approval of the Secretary of the Interior; Provided, that the sixteenth and thirty-sixth sections embraced in permanent reservations for national purposes shall not, at any time, be subject to the grants nor to the indemnity provisions of this act, nor shall any lands embraced in Indian, military or other reservations of any character, be subject to the grants or to the indem- nity provisions of this act until the reservations shall have been extinguished and such lands be restored to, and be- come a part of the public domain. Section 11. That all the lands herein granted for educa- tional purposes shall be disposed of only at public sale, and at a price not less than ten (10) dollars per acre, the pro- ceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulation as the Legislature shall prescribe, be leased for periods of not more than five years, in quantities not exceeding one section to any one per- 4 STATE OF MONTANA son or company; and such lands shall not be subject to pre- emption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for school purposes only. Section 13. That 5 per centum of the proceeds of the sales of public lands lying within said states which shall be sold by the United States subsequent to the admission of said states into the Union, after deducting all the expenses incident to the same, shall be paid to the said states to be used as a permanent fund, the interest of which only shall be expended for the support of common schools within said states respectively. Section 14. That the lands granted to the Territories of Dakota and Montana by the act of February 18, 1881, en- titled "An Act to Grant Lands to Dakota, Montana, Arizona, Idaho and Wyoming for University Purposes," are hereby vested in the states of South Dakota, North Dakota and Montana respectively, if such states are admitted into the Union as provided in this act, to the extent of the full quan- tity of seventy-two sections to each of said states, and any portion of said lands that may not have been selected by either of said Territories of Dakota or Montana may be se- lected by the respective states aforesaid; but said act of February 18, 1881, shall be so amended as to provide that none of said lands shall be sold for less than ten (10) dollars per acre, and the proceeds shall constitute a permanent fund to be safely invested and held by said states severally, and the income thereof to be used exclusively for university pur- poses. * * * None of the lands granted in this section shall be sold at less than ten (10) dollars per acre; but said lands may be leased in the same manner as provided in Section 11 of this act. The schools, colleges, and universities provided for in this act shall forever remain under the exclusive con- trol of said states, respectively, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the support of any sectarian or denominational school, college or university. # # * Section 16. That 90,000 acres of land to be selected and located as provided in Section 10 of this act, are hereby granted to each of said states except to the State of South Dakota, to which 120,000 acres are granted for the use and GENERAL SCHOOL LAW 5 support of agricultural colleges in said states, as provided in the acts of Congress making donations of lands for such pur- poses. Section 17. That in lieu of the grant of land for purposes of internal improvement made to new states by the eighth section of the act of September 4, 1841, which act is hereby repealed as to the states provided for by this act, and in lieu of any claim or demand by the said states, or either of them, under the act of September 28, 1850, and Section 2479 of the Revised Statutes making a grant of swamp and overflowed lands to certain states, which grant it is hereby declared is not extended to the states provided for in this act, and in lieu of any grant of saline lands to said states, the following grants of land are hereby made, to-wit: * * *To the State of Montana: For the establishment and maintenance of a School of Mines, 100,000 acres; for State Normal Schools, 100,000 acres; for Agricultural Col- leges, in addition to the grant hereinbefore made for that purpose, 50,000 acres; for the establishment of a State Re- form School, 50,000 acres; for the establishment of a Deaf and Dumb Asylum, 50,000 acres; for the public buildings at the Capital of the State, in addition to the grant hereinbe- fore made for that purpose, 150,000 acres. * * * That the states provided for in this act shall not be entitled to any further or other grants of land for any purpose than as expressly provided for in this act. The lands granted by this section shall be held, appropriated and disposed of exclusively for the purpose herein mentioned, in such manner as the Legislatures of the respective states may severally provide. Section 18. That all mineral land shall be exempted from the grants of this act. But if sections 16 and 36, or any sub- division or portion of any smallest subdivision thereof in any township shall be found by the Department of the Interior to be mineral lands, said states are herby authorized and em- powered to select, in legal subdivisions, an equal quantity of other unappropriated lands and said states, in lieu thereof, for the use and benefit of the common schools of said states. Section 19. That all lands granted in quantity or as in- demnity by this act shall be selected, under the direction of the Secretary of the Interior, from the surveyed, unsurveyed id unappropriated public lands of the United States within and u 6 STATE OF MONTANA the limits of the respective states entitled thereto. And there shall be deducted from the number of acres of land donated by this act for specific objects to said states the number of acres in each heretofore donated by Congress to said territories for similar objects. GENERAL SCHOOL LAW 7 CONSTITUTIONAL PROVISIONS. (August 17th, 1889.) PREAMBLE. We, the people of Montana, grateful to Almighty God for the blessings of liberty, in order to secure the advantages of a State government, do, in accordance with the provisions of the Enabling Act of Congress, approved the 22nd of February, A. D., 1889, ordain and establish this Constitution. ARTICLE V. The Legislative Department. Section 26. The Legislative Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: He * # * * * * * * # 13. Providing for the management of common schools. ARTICLE VII. Executive Department. Section 1. The Executive Department shall consist of a * * Superintendent of Public Instruction, each of whom shall hold his office for four years, or until his successor is elected and qualified, beginning on the first Monday of January next succeeding his election, except that the terms of office of those who are elected at the first election, shall begin when the state shall be admitted into the Union and shall end on the first Monday of January, A. D. 1893. The officers of the Executive Department, excepting the Lieutenant Gov- ernor, shall during their terms of office reside at the seat of government where they shall keep the public records, books and papers. They shall perform such duties as are pre- scribed in this Constitution and by the laws of the State * * Section 3. No person shall be eligible to the office of * * Superintendent of Public Instruction, unless he shall have attained the age of thirty years at the time of his election. * In addition to the qualifications above prescribed, each of the officers named shall be a citizen of the United States, and have resided within the State or Territory two years next preceding his election. Section 4. Until otherwise provided by law, the * * * Superintendent of Public Instruction, shall quarterly as due, during their continuance in office, receive for their services compensation which is fixed as follows ********* 8 STATE OF MONTANA Superintendent of Public Instruction, two thousand five hundred dollars per annum. The compensation enumerated shall be in full for all services by said officers respectively rendered in any of- ficial capacity or employment whatever during their respec- tive terms of office, and the salary of no official shall be increased during his term of office. No officer named in this section shall receive for the performance of any official duty, any fee for his own use, but all fees fixed by law for the performance by any officers of any official duty, shall be collected in advance, and deposited with the State Treas- urer quarterly to the credit of the State. No officer men- tioned in this section shall be eligible to, or hold any other public office, except member of State Board of Education during his term of office. ARTICLE IX. Elective Franchise. Section 10. Women shall be eligible to hold the office of County Superintendent of School or any school district office and shall have the right to vote at any school district elec- tion. ARTICLE X. State Institutions. Section 1. Educational, reformatory and penal institu- tions, and those for the benefit of the insane, blind, deaf and mute, soldiers' home, and such other institutions as the public good may require, shall be established and supported by the state in such a manner as may be prescribed by law. ARTICLE XI. Education. Section 1< It shall be the duty of the Legislative Assem- bly of Montana to establish and maintain a general, uniform and thorough system of public, free common schools. Section 2. The public school fund of the State shall con- sist of the proceeds of such lands as have heretofore been granted, or may hereafter be granted, to the State by the general government, known as school lands ; and those granted in lieu of such lands acquired by gift or grant from any person, or corporation under any law or grant of the general government; and of all other grants of land or money made to the State from the general government for GENERAL SCHOOL LAW 9 general education purposes, or where no other special pur- pose is indicated in such grant; all estate or distributive shares of estates that may escheat to the State; all un- claimed shares and dividends of any corporation incorporated under the laws of the State, and all other grants, gifts, de- vises or bequests made to the State for general educational purposes. Sec. 3. Such public school fund shall forever remain inviolate, guaranteed by the State against loss or diversion, to be invested, so far as possible, in public securities within the State, including school district bonds, issued for the erec- tion of school buildings, under the restrictions to be provided by law. Section 4. The Governor, Superintendent of Public In- struction, Secretary of State and Attorney General shall con- stitute the State Board of Land Commissioners, which shall have the direction, control, leasing and sale of the school lands of the State and the lands granted or which may here- after be granted for the support and benefit of the various State educational institutions, under such regulations and restrictions as may be prescribed by law. Section 5. The interest on all invested school funds of the State, and all rents accruing from the leasing of any school lands, shall be apportioned to the several school districts of the State in proportion to the number of children and youths between the ages of six and twenty-one years, residing therein respectively, but no district shall be entitled to such distributive share that does not maintain a free public school for at least three months during the year for which distribu- tions shall be made. Section 6. It shall be the duty of the Legislative Assem- bly to provide by taxation, or otherwise, sufficient" means in connection with the amount received from the general school fund, to maintain a public, free, common school in each or- ganized district in the State, for at least three months in each year. Section 7. The public free schools of the state shall be open to all children and youth between the ages of six and twenty-one years. Section 8. Neither the Legislative Assembly, nor any county, city, town, or school district, or other public corpora- tions, shall ever make directly or indirectly any appropria- 10 STATE OF MONTANA tion, or pay from any public fund or moneys whatever, or make any grant of lands or other property in aid of any church, or for any sectarian purpose, or to aid in the support of any school, academy, seminary, college, university or other literary, scientific institution controlled in whole or in part by any church, sect or denomination whatever. Section 9. No religious or partisan test of qualification shall ever be required of any person as a condition of ad- mission into any public educational institution of the State, either as teacher or student; nor shall attendance be re- quired at any religious service whatever, nor shall any sec- tarian tenets be taught in any public educational institution of the state; nor shall any person be debarred admission to any of the collegiate departments of the university on account of sex. Section 10. The Legislative Assembly shall provide that all elections for school district officers shall be separate from those elections at which State or County officers are voted for. Section 11. The general control and supervision of the State University and the various other State educational in- stitutions shall be vested in a State Board of Education, whose powers and duties shall be prescribed and regulated by law. The said board shall consist of eleven members, the Governor, State Superintendent of Public Instruction and Attorney General, being ex-officio, the other eight mem- bers thereof, shall be appointed by the Governor subject to the confirmation of the Senate, under the regulation and restrictions to be provided by law. Section 12. The funds of the State University and of all other State institutions of learning, from whatever source accruing, shall forever remain inviolate and sacred to the purpose for which they were dedicated. The various funds shall be respectively invested under such regulations as may be prescribed by law, and shall be guaranteed by the State against loss or diversion. The interest of said invested funds, together with the rents from leased lands or properties, shall be devoted to the maintenance and perpetuation of these respective institutions. GENERAL SCHOOL LAW 11 ARTICLE XIII. Public Indebtedness. Section 6. No city, town, township or school district shall be allowed to become indebted in any manner or for any pur- pose to an amount, including existing indebtedness, in the aggregate exceeding three per centum of the value of the taxable property therein, to be ascertained by the last assess- ment for the State and County taxes previous to the incur- ring of such indebtedness, and all bonds or obligations in ex- cess of such amount given by, or on behalf of, such city, town, township or school district shall be void; Provided, however, that the Legislative Assembly may extend the limit mentioned in this section, by authorizing municipal corpora- tions to submit the question to a vote of the taxpayers af- fected thereby, when such increase is necessary to construct a sewerage system or to procure a supply of water for such municipality which shall own and control said water supply and devote the revenues derived therefrom to the payment of the debt. ARTICLE XVII. Public Lands. Section 1. All lands of the State that have been, or that may hereafter be granted to the State by Congress, and all lands acquired by gift or grant, or devise, from any person or corporation, shall be public lands of the State, and shall be held in trust for the people, to be disposed of as here- after provided. for the respective purposes for which they have been or may be granted, donated or devised; and none of such land, nor any estate or interest therein, shall ever be disposed of except in pursuance of general laws provid- ing for such disposition, nor unless the full market value of the estate or interest disposed of, to be ascertained in such a manner as may be provided by law, be paid or safely se- cured to the State; nor shall any lands which the State holds by grant from the United States (in any case in which the manner of disposal and minimum price are so prescribed) be disposed of, except in the manner and for at least the price prescribed in the grant thereof, without the consent of the United States. Said lands shall be classified by the Board of Land Commissioners, as follows: First, lands which are valuable only for grazing purposes. Second, those which are 12 STATE OF MONTANA principally valuable for the timber that is on them. Third, agricultural lands. Fourth, lands within the limits of any town or city or within three miles of such limits ; Provided, That any of said lands may be re-classified whenever, by reason of increased facilities for irrigation or otherwise, they shall be subject to different classification. Section 2. The lands of the first of said classes may be sold or leased, under the rules and regulations as may be prescribed by law. The lands of the second class may be sold, or the timber thereon may be sold, under such rules and regulations as may be prescribed by law. The agricul- tural lands may be either sold or leased, under such rules and regulations as may be prescribed by law. The land of the fourth class shall be sold in alternate lots of not more than five acres each, and not more than one-half of any one tract of such lands shall be sold prior to the year of one thousand nine hundred and ten (1910). Section 3. All public lands may be disposed of in such manner as may be provided by law. GENERAL SCHOOL LAW 13 Chapter 76 Session Laws, 1913. 'An Act to provide for the establishment and maintenance of a general uniform and thorough system of public free schools; providing who shall be students therein, and prescribing the rights, duties, and obligations of students, and rules for their control and government; to provide for the organization of, and to prescribe the powers and duties of the State Board of Education ; to provide for the election and selection of a State Superintendent of Public Instruction, county superintendents, and city su- perintendents of schools, and to prescribe their powers and duties; to provide for the creation of school districts, and for the election, terms and duties of school officers therein; to provide for the appointment and selection of teachers and prescribe their powers and duties; to provide for teachers' examinations and the granting of certificates to teach in the public schools; to provide for county insti- tutes and summer schools for teachers; to provide for school libraries and a uniform system of text books for the public schools and prescribing the methods of selecting the same ; to provide for the organization and maintenance of county and district high schools ; to provide a system of taxation and revenue for the support and maintenance of all public schools and prescribing the several purposes for which and the manner in which the same shall be expend- ed ; to provide penalties for the violation of school laws, and to codify all laws with reference to public schools in the State of Montana, and to repeal Sections 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890, 891, 892, 893, 894, 895, 896, 897, 978, 899, 901, 902, 903, 14 STATE OF MONTANA* 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946, 947, 948, 949, 950. 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 987, 988, 989, 990, 991, 992, 993, 994, 995, 996, 997, 998, 999, 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, and 1044, of the Revised Codes of the State of Montana, and Chapters 11, 22, 27, 28, 31, 32, 35, 73, 98, of the Laws of 1909 ; and Chapters 16, 24, 40, 41, 42, 71, 82, 102 and 131 of the Laws of 1911. Be it enacted by the Legislative Assembly of the State of Montana: CHAPTER I. State Board of Education. 100. Membership. The State Board of Education shall consist of eleven members, of which number the Governor, State Superintendent of Public Instruction and Attorney General shall be ex-officio members. 101. Appointment and Term. The Governor shall ap- point, by and with the advice and consent of the Senate, the remaining eight members of the board; The term of office for members so appointed upon the Board shall be four (4) years and until their successors are appointed and qualified. 102. Oaths. The persons so appointed as members of the State Board of Education shall before entering upon the duties of their office, take and subscribe the constitutional oath of office prescribed for civil officers, which shall be filed in the office of the Secretary of State. 103. Officers. The Governor shall be the president of said Board, and the Superintendent of Public Instruction shall be the secretary thereof. The State Treasurer shall be the treasurer of the Board. 104. Quorum. A majority of said Board shall constitute a quorum for the transaction of business. GENERAL SCHOOL LAW 15 105. Meetings. The Board shall hold semi-annual meet- ings at the State Capitol on the first Monday in June and December in each year, and may hold special meetings at any time and place they may direct. The president and secretary of the Board may also call special meetings of said Board at any time and place, if in their judgment necessity requires it. The members of said board shall receive no compensation for their services, but shall be allowed their actual traveling expenses incurred in attending the meetings of the Board, which expense and all other expenses, on the certificate of the secretary of the Board, shall be audited and approved by the State Board of Examiners, and paid by warrant of the State Auditor on the State Treasurer. 106. Powers and Duties. 1. To have general control and supervision of the Uni- versity of Montana, Montana State Normal College, Agri- cultural College of Montana, State Orphans' Home, Montana School of Mines, Montana School for the Deaf and Blind, and State Reform School. 2. To adopt rules and regulations, not inconsistent with the Constitution and the laws of this State, for its own gov- ernment and proper and necessary for the execution of the powers and duties conferred upon it by law. 3. To provide, subject to the laws of the State, rules and regulations for the government of the affairs of the State educational institutions named in this Section. 4. To prescribe standards of promotion to the high school department of all public schools of the State and to accredit such high schools as maintain the standards of work pre- scribed by the board; provided, that in all examinations which shall be given by this Board and shall be conducted by the County Board of Educational Examiners, to determine the scholarship of candidates for promotion to high school, fifty per cent of the credits required shall be based upon the eighth grade work completed in any school of this State and certified to the county superintendent by the principal or teacher of such grade. 5. To grant diplomas to the graduates of all state educa- tional institutions, where diplomas are authorized or now granted, upon the recommendation of the faculties thereof, and may confer honorary degrees upon persons, other than 16 STATE OF MONTANA graduates, upon the recommendation of the faculty of such institutions. 6. To adopt and use, in the authentication of its acts, an official seal. 7. To grant state diplomas valid for six years, and to grant life diplomas. 8. To keep a record of its proceedings. 9. To make an annual report on or before the first day of January in each year, which may be printed under the direction of the State Board of Examiners. 10. To appoint and commission experienced teachers as instructors in county institutes. 11. To have, when not otherwise provided by law, con- trol of all books, records, buildings, grounds and other prop- erty of the institutions and colleges named in this Section. 12. To receive from the State Board of Land Commis- sioners or other boards, or persons, or from the government of the United States, any and all funds, incomes and other property to which any of said institutions may be entitled and to use and appropriate the same for the specific purpose of the grant or donation, and none other; and to have general control of all receipts and disbursements of any of said in- stitutions. 13. To choose and appoint a president and faculty for each of the various state institutions named herein and to fix their compensation. 14. To confer upon the executive board of each of said institutions such authority relative to the immediate control and management, other than financial, and the selection of the faculty, teachers and employees as may be deemed ex- pedient, and may confer upon the president and faculty such authority relative to the immediate control, and manage- ment, other than financial, and the selection of teachers and employees as may by said board be deemed for the best in- terest of said institutions. 107. Local Executive Boards. 1. Membership. There shall be an executive board, con- sisting of three members, for each of said institutions, two of whom shall be appointed by the Governor, by and with the advice and consent of the State Board of Education, and the president of such institution shall be ex-officio member GENERAL SCHOOL LAW 17 of said board. At least two of said members shall reside in the county where such institution is located. Said executive board shall have such immediate direction and control, other than financial, of the affairs of such institution as may be conferred on such board by the State Board of Education, subject always, to the supervision and control of said State Board. 2. Officers. The president of the institution shall be the chairman of the board and said board shall elect a secretary who may or may not be a member of said board, and who may also act as treasurer, and the treasurer of said board shall be treasurer of the institution, and such secretary and treasurer shall give bond with good and sufficient surety for the faithful performance of his duties as such, and for the faithful accounting for and paying over to, and for the use of said institution, all moneys received by him as treasurer. Said bond shall run to the State of Montana and shall be in such sum as may be designated by the State Board oi Ex- aminers, and when executed shall be approved by said Board of Examiners. The duties of the chairman and secretaries of each of said executive boards shall be those usually per- formed by such officers, or which may be designated by the State Board of Education or the State Board of Examiners. 3. Terms of. The ex-officio member of each of said executive boards shall hold his office during his continuance as president of such institution, and the two members ap- pointed by the Governor shall hold office for the term of four years from and after the third Monday in April of the year appointed, unless sooner removed by the Governor or by the State Board of Education. Such members shall qualify by making and filing their oath of office with the State Board of Education. 4. Meetings of. The executive board of each of said in- stitutions shall meet in regular session at least once in each quarter, and monthly, or oftener, if the business of such in- stitutions require it. 5. Compensation of. The members of each of the execu- tive boards, except the chairman, shall receive such com- pensation for their services as shall be fixed by the State Board of Education, not exceeding the sum of Five ($5.00) Dollars for each day actually spent in the discharge of their official duties, and not exceeding the sum of One Hundred 18 STATE OF MONTANA and Twenty-five ($125.00) Dollars in any one year for each member, and such members shall also be reimbursed from the amount appropriated by the legislature for the main- tenance and support of such institutions, all expenses neces- sarily incurred by them in discharge of their official duties as members of said boards. 6. Powers and Duties. Said executive board shall have such immediate direction and control, other than financial, of the affairs of such institution as may be conferred on such board by the State Board of Education, subject always to the supervision and control of said State Board. Said executive boards shall also have and exercise power and authority in contracting current expenses and in audit- ing, paying and reporting bills for salaries, or other expenses incurred in connection with such institutions, provided, the board of examiners may not limit the power of the execu- tive board in making expenditures or contracts which in no single instance or for any single purpose does not exceed Two Hundred and Fifty ($250.00) Dollars. 7. Reports of. Each of such executive boards shall on or before the first Monday in June of each year make a de- tailed statement and report of all its transactions and of the condition of the institution, including the number of teach- ers, professors, and employees, with the salary or wages paid to each and a detailed statement of all expenses and dis- bursements of such institution, which report shall contain such other information or recommendations as may be re- quired by the State Board of Examiners, or by the State Board of Examiners and the state Board of Education, and the State Board of Education and the State Board of Exam- iners shall have authority to call for a report and statement from such executive boards at any time such Board may deem it advisable. All such reports by such boards shall be made in triplicate, one copy shall be retained by such board, one copy shall be filed with the State Board of Edu- cation, and one copy with the State Board of Examiners. 8. Vacancies. All vacancies occurring in the member- ship of any of said executive boards shall be filled by ap- pointment by the Governor, which appointments shall be referred to the State Board of Education at its first meet- ing thereafter for confirmation. GENERAL SCHOOL LAW 19 108. Certificates. 1. State. How Obtained. (a) By Examination. State certificates may be issued to such persons as have good moral character and who have held for one year and still hold a professional county certifi- cate, in full force and effect, when such persons have passed a satisfactory examination under the direction of the State Board of Education, in English Literature, History of Edu- cation, and General History, and have furnished satisfactory evidence of having been successfully engaged in teaching for at least thirty-five months; Provided, that such cer- tificates shall be renewed if the holder has taught success- fully twenty-seven months during the life of said certificate. (b) By Endorsement. State certificates may be granted to graduates of higher educational institutions and to hold- ers of state certificates, within or without the State, upon conditions established by the State Board of Education. (c) By Renewal. State certificates may be renewed by the State Board of Education provided the holder has taught successfully twenty-seven months during the life of said certificate. 2. Life Diplomas How Obtained. (a) By Examination. Life diplomas may be issued upon the same conditions as state certificates except that in addi- tion the applicant must pass satisfactory examinations and tests under such supervision and upon such additional sub- jects as may be prescribed by the State Board of Education, and must furnish satisfactory evidence of having been suc- cessfully engaged in teaching for at least seventy months. (b) By Endorsement. 1. Any graduate of the State Normal College shall, on the registry of his diploma in the office of the state superin- tendent of public instruction, be entitled to teach in the public schools of the State of Montana without other or fur- ther examination for the term of six years after such grad- uation and every graduate of the three-year course shall, on furnishing to the State Board of Education satisfactory evi- dence of having successfully taught in the public schools of the State twenty-seven months, be entitled to have said diploma validated as a life diploma; and every graduate of the four-year course shall on furnishing to the State Board 20 STATE OF MONTANA of Education satisfactory evidence of having successfully taught in the public schools of the State eighteen months, be entitled to have said diploma as a life diploma. Provided, however, that those graduating from the State Normal Col- lege prior to February 1st, 1913, in the four-year course, shall be required to teach successfully but nine months, and those of the three-year course but eighteen months, to re- ceive a life diploma. 2. Any graduate of the University of Montana, shall, on the registry of his diploma, together with his University Certificate of Qualification to Teach, in the office of the State Superintendent of Public Instruction, be entitled to teach, in the high schools of the State of Montana without other or further examination, for the term of six years after such graduation, and every such graduate shall, on furnish- ing the State Board of Education, satisfactory evidence of having successfully taught in the high schools twenty-seven months, be entitled to have said diploma validated as a life diploma. The rules of the faculty of the University of Montana for the issuance of the University Certificate of Qualification to Teach shall be submitted to the State Board of Education for its sanction. 3. On Certificates. Life diplomas may be granted to graduates of higher educational institutions maintaining the same standards as the University of Montana and the State Normal School, and to holders of State certificates, within or without the State, upon conditions established by the State Board of Education. 3. Registration. State and life certificates and diplomas, before they shall be valid in any county must be registered in the office of the county superintendent. 4. Revocation of Any state or life diploma may be re- voked by the State Superintendent of Public Instruction for incompetency or immoral conduct on the part of the holder of it, or for any cause that would require the State Board of Education to refuse to grant it, if known at the time the diploma was granted; but, before any such revocation, the holder shall be served with a written statement of the charges against him, and shall have an opportunity for defense before said State Board of Education. GENERAL SCHOOL LAW 21 109. Treasurer Executive Board Agricultural College. The treasurer of the executive board of the Agricultural College of Montana shall have the authority to receive from the treasurer of the State of Montana the cash appropria- tion received from the United States by authority of the Act of Congress of Congress of August 30, 1890, (26 Statutes at Large, page 417), known as the second Morrill Act, and the act of Congress of March 4, 1907, (Statutes at Large, page 1281), known as the Nelson Amendment. And such cash appropriation shall be expended by the executive board of said Agricultural College, under the general super- vision of the State Board of Education, but only for the pur- pose for which the same is appropriated by Congress. The treasurer of said executive board of said Agricultural College shall also have the authority to receive all moneys appropriated by the Act of Congress of March 16, 1906, (34 Statutes at Large, page 63), entitled, "An Act to provide for and increase the annual appropriation for agricultural experiment stations, and regulating the expenditures there- of," and such money shall be expended by said executive board under the supervision and direction and control of the State Board of Education in the manner and for the purpose designated in said Act of Congress, and as required by Sec- tion 741 of the Revised Codes of Montana of 1907. The Treasurer of the Agricultural College of Montana shall, on or before the first day of September of each year, make a detailed statement of the amounts received and disbursed under the provisions of the Act of Congress of March 30, 1890, and of March 4, 1907, and shall report the same to the secretary of agriculture of the United States and to the secretary of the interior of the United States, as required by said acts of Congress, and shall file a duplicate thereof with the State Board of Examiners of the State of Montana on or before the 10th day of September of each year. Said treasurer shall also make a detailed statement of the amounts of money received and disbursed under the act of Congress of March 16, 1906, which reports shall be filed with the State Board of Examiners on or before the 10th day of September of each year, and shall also made such reports to the officers or departments of the United States as are now or may hereafter be required by the laws of the United States; 22 STATE OF MONTANA 110. State Board of Examiners.- The State Board of Ex- aminers of the State of Montana shall have supervision and control of all expenditures of all moneys, appropriated or re- ceived for the use of said institutions from any and all sources, other than that received under and by virtue of the acts of Congress, hereinbefore referred to, and said State Board of Examiners shall let all contracts, approve all bonds for any and all buildings or improvements, and shall audit all claims to be paid from any moneys, other than that re- ceived under and by virtue of the acts of Congress herein referred to, but said State Board of Examiners shall have authority to confer upon the executive boards of such insti- tutions such power and authority in contracting current ex- penses and in auditing, paying and reporting bills for salaries or other expenses incurred in connection with said institu- tion as may be deemed by said State Board of Examiners to be to the best interest of said institution. 111. Donations, Grants, Gifts. All donations, grants, gifts or devises made to any of the institutions named herein shall be made to such institution in its legal name, and if made to any officer or boards of such institution the same shall be immediately transferred by such board or officer to such institution. CHAPTER II Superintendent of Public Instruction. 200. Election, Qualification, Oath and Bond. There shall be chosen by the qualified electors of the state, at the time and place of voting for members of the legislature, a superintendent of public instruction, who shall have attained the age of thirty years at the time of his elec- tion, shall have resided within the state two years next pre- ceding his election, and is the holder of a state certificate of the highest grade, issued in some state, and recognized by the State Board of Education, or is a graduate of some university, college or normal school recognized by the State Board of Education as of equal rank with the University of Montana or the State Normal School. He shall hold his office at the seat of government, for the term of four years from the first Monday in January following his election, and until his successor is elected and qualified. Before entering upon his duties he shall take the oath of a civil officer and GENERAL SCHOOL LAW 23 give bond in the penal sum of ten thousand dollars, with not less than two sureties, to be approved by the governor and attorney general. 201. General Powers. 1. He shall have the general supervision of the public schools of the state. 2. Official Staff. The superintendent of public instruc- tion shall have power to appoint one deputy, who shall re- ceive an annual salary of twenty-one hundred dollars, one rural school inspector at a salary of twenty-one hundred dol- lars and two clerks at an annual salary of twelve hundred dollars each. Such deputy, rural inspector and clerks shall perform such duties pertaining to the office as the superin- tendent may direct. 202. Duties. 1. Official, Files and Records The superintendent shall preserve in his office all books, maps, charts, works on edu- cation, school registers, school reports and school laws of other states and cities, plans for school buildings and other articles of educational interest and value which may come into his possession as such officer and at the expiration of his term shall deliver them, together with the reports, state- ments, records and archives of his office to his successor. 2. Blanks and Laws. He shall cause to be printed, and furnished to the proper officers or persons all school regis- ters, reports, statements, notices and blanks for returns needed or required to be used in the schools or by the school officers, in the state. He shall furnish through the county superintendent to each trustee, and clerk of each district and to each superintendent, or principal of each district a copy of the school laws. 3. Official Records. He shall keep a record of his offi- cial acts, and shall file in his office all appeals and papers pertaining to them. 4. Official Seal. He shall provide and keep a seal, which shall be the official seal of the state superintendent of pub- lic instruction, and by which all of his official acts may be authenticated. 5. Printing of School Laws. He shall at least once in -four years cause to be printed the school laws of the state, with such notes and decisions thereon as may seem to him I 24 STATE OF MONTANA advisable, and shall furnish them as they are needed to the school officers in the state. 6. Report. He shall on or before the first day of De- cember preceding the biennial session of the legislature as- sembly, make and transmit to the governor a report showing : (a) The number of school districts, schools, teachers em- ployed and pupils taught therein, and the attendance of pupils and studies pursued by them. (b) The financial condition of the schools, their receipts and expenditures, value of school houses and property, cost of tuition and studies pursued by them. (c) The condition, educational and financial, of the Nor- mal and higher institutions connected with the school system of the state, and, as far as it can be ascertained, of the pri- vate schools, academies and colleges of the state. (d) Such general matters, information and recommenda- tions relating to the educational interest of the state as he may deem important. 7. Publication of Report. Fifteen hundred copies of the report of the superintendent of public instruction shall be printed biennially, in the month of December preceding the session of the legislative assembly. Two copies shall be fur- nished to each of the members of the legislative assembly, one copy to each county superintendent of the state, one copy to the clerk of each school board, two to each state of- ficer, one to each state and territorial superintendent; fifty copies shall be filed in the office of the superintendent of public instruction and ten in the state historical library. The balance shall be distributed among the various colleges, uni- versities and other libraries of the United States. 8. Course of Study. He shall prepare or cause to be pre- pared with the co-operation and approval of such educators as may be named by the State Board of Education a course of study for all the public elementary and high schools of the state, and shall prescribe to what extent the same is to be used. 9. Institute and Summer Schools. Rules. He shall pre- scribe with the approval of the State Board of Education rules and regulations for the holding of teachers' institutes, and summer schools for teachers; shall prepare with the approval of the State Board of Education lists of instructors for institutes and summer schools for which county superin- GENERAL SCHOOL LAW 25 tendents shall make their appointments. He shall attend and assist at teachers' institutes and summer schools for teach- ers and aid, and encourage generally teachers in qualifying themselves for the successful discharge of their duties. 10. County Superintendents. He shall counsel with and advise county superintendents upon all matters involving the welfare of the schools; he shall, when requested, give them written answers to all questions concerning the school law. He shall decide all appeals from the decision of the county school superintendent, and may for such decision re- quire affidavits, verified statements or sworn testimony as to the facts in issue. He shall prescribe and cause to be en- forced, rules of practice and regulations pertaining to the hearing and determining of appeals, and necessary for carry- ing into effect the school laws of the state. 11. Examinations. He shall with the approval of the State Board of Education, prepare all questions to be used in the examination of applicants for teachers' county certifi- cates, and prescribe the rules and regulations for conducting all such examinations. 12. Apportionment of School Funds. He shall between the first and tenth day of February of each year, apportion the state- school fund among the several counties of the state, in proportion to the number of children of school age in each as shown by the last enumeration authorized by law. It shall be the duty of the state board of land commissioners to notify the state auditor on or before the tenth day of January of each year the amount of the state school fund subject to apportionment; and the said auditor immediately upon receipt of such notification shall issue his warrant on the state treasurer for the said amount. Thereupon the state treasurer shall certify said apportionment to the several county treasurers not later than the first Monday in March; Provided, that the several county treasurers have fully com- plied with Section 183 of "An Act concerning revenue," ap- proved March 6, 1891, in which case the county treasurers, upon receiving notice from the state treasurer of the amounts due their counties from the state school fund, may deduct said amount from the amount found due the state by their counties and remit the balance to the state treasurer. The superintendent of public instruction shall certify to the 26 STATE OF MONTANA county superintendent of schools of each county, the amount apportioned to that county. 13. Libraries. He shall prepare and furnish to school officers, through the county superintendents, lists of pub- lications approved by him as suitable for school libraries, such lists shall contain also the lowest price at which such publications can be purchased and the terms. He shall also prescribe rules and instructions for the proper care and use of school libraries and such other information relative thereto as he shall think needful. 14. Temporary State Certificates. The state superin- tendent may grant a temporary state certificate, at any time, to any teacher whose experience, qualifications and credentials, in his opinion, entitle such a teacher to either a state or life diploma in Montana. Such temporary state cer- tificate, however, shall be good and valid in any county in the state for a period of one year; Provided, however, that the holder of such certificate shall have it duly registered in the office of the county superintendent of schools of the county in which he is employed to teach before he begins teaching, and provided, also, that such teacher shall pay for such registration, the sum of one ($1.00) dollar into the in- stitute fund of such county. 15. Other Duties. He shall also, as far as he shall find it practicable, address public assemblies on subjects pertain- ing to public schools, and shall labor faithfully in all prac- ticable ways for the welfare of the public schools of the state and shall perform such other duties as shall be required of him by law. 203. Salary. The annual salary of the superintendent of public instruc- tion for all services now required of him or which may here- after devolve upon him by law, is three thousand dollars. He shall also be paid his traveling expenses actually and necessarily incurred in the discharge of his duties, not to ex- ceed two thousand dollars in any one year. 204. Expenses. All necessary expenditures of money incurred by the su- perintendent of public instruction for postage, stationery, printing and expressage not exceeding five hundred dollars in any one year shall be paid by the state. GENERAL SCHOOL LAW 27 CHAPTER III. County Superintendent of Schools. 300. General Provisions. 1. Qualifications. All persons otherwise qualified shall be eligible to the office of county superintendent of common schools without regard to sex. 2. Election of County Superintendent. A county superin- tendent of schools shall be elected in each organized county in this state at the general election preceding the expiration of the term of office of the present incumbent, and every two years thereafter. 3. Term. He shall take office on the first Monday in January next succeeding his election, and hold for two years and until his successor is elected and qualified. 4. Oath. Bond. The person so elected shall take the oath or affirmation of office, and shall give an official bond to the county in a sum to be fixed by the board of county commissioners of said county. 5. Vacancy. The county commissioners of any county, shall by appointment, fill any vacancy that may occur in the office of county superintendent until the next general elec- tion. 301. General Powers. The county superintendent shall have the general super- vision of the public schools in his county. 302. Duties. 1. As to State Superintendent. He shall carry into ef- fect all instruction of the state superintendent given within his authority. He shall distribute to the proper officers and to teachers all blanks furnished by the state superintendent and needed by such officers and teachers. 2. Visiting Schools. He shall visit every public school under his supervision at least once each official year, and oftener if he shall deem it necessary to increase its useful- ness. He shall at such visits carefully observe the conditions of the school, the mental and moral instruction given, methods employed by the teacher in teaching, training and drill, the teacher's ability, and progress of the pupils. He< shall advise and direct the teacher in regard to the instruc- tion, classification, government and discipline of the school and the course of study. He shall keep a record of such 28 STATE OF MONTANA visits and by memoranda indicate his judgment of the teach- er's ability to teach and govern and the condition and progress of the school, which shall be open to inspection to any school trustee. During his visits to the schools of his county the county superintendent shall consult with the trustees and clerks of all school districts upon all matters relating to the good and welfare of their schools and shall instruct them, whenever necessary,, in their duties relating to the reports to be made out by them and forwarded to him annually as the law requires. 3. Trustees' Meetings. He shall from time to time in convenient places hold trustees' meetings at which matters relating to the good of the schools shall be discussed. 4. Issue Temporary Certificates. He shall have power to issue, if he deem it proper to do so, temporary certificates, valid until the next regular examination, to persons holding certificates of like grade granted in other counties, or upon any certificate or diplomas possessed by the applicant show- ing his fitness for the profession of teaching; Provided, that no person shall be entitled to receive such temporary cer- tificate more than once in the same county. 5. County Board of Educational Examiners. He shall serve on the County Board of Educational Examiners. 6. Preside at Institutes. He shall preside over all teach- ers' institutes held in his county .and shall elect suitable persons to instruct therein from the list of teachers com- missioned by the State Board of Education, and recommended by the State Superintendent. 7. School Libraries. He shall exercise supervision over the school libraries of the county and aid in the selection of books for the same. 8. Truant Officer. He shall act as truant officer in dis- tricts of the third class when no other provision is made. 9. Apportionment School Moneys. Warrants. The coun- ty superintendent shall apportion all school moneys to the school districts in accordance with the provisions of this title quarterly, and he may make apportionments at such other times as may be required or deemed necessary for the convenience of school officers. He shall certify to the sev- eral district clerks and county treasurers the amount so ap- portioned to the several districts, and the trustees shall draw their warrants on the county treasurer in favor of persons GENERAL SCHOOL LAW 29 entitled to receive the same. Such warrant shall show for what purpose the money is required, and no such warrant shall be drawn unless there is money in the treasury to the credit of such district; Provided, that school trustees shall have the authority to issue warrants in anticipation of school moneys which have been levied but not collected, for the pay- ment of current expenses of schools, but such warrants shall not be drawn in any amount in excess of the sum already levied. 10. Notify County Treasurer. He shall notify the county treasurer to withhold payment of warrants issued to teach- ers not holding valid certificates. 11. Controversies. (a) He shall decide all matters in controversy arising in his county in the administration of the school law or ap- pealed to him from the decision of school officers or boards. An appeal may be taken from his decision, in which case a full written statement of the facts, together with the testi- mony and his decision in the case, shall be certified to the state superintendent for his decision in the matter, which decision shall be final, subject to adjudication or the proper legal remedies in the state courts. (b) The county superintendent shall have power to ad- minister the oath of office to all subordinate school officers, and in case of appeal to him from the decision of school of- ficers or board, or revocation of the certificate of a teacher or in any other controversy or question brought to or coming before him in the administration of school laws for opinion, order or decision, he shall have the power to administer oaths to witnesses; but he shall not receive pay for adminis- tering such oaths. 12. Boundaries of School Districts. The county superin- tendent shall inquire and ascertain whether the boundaries of school districts in his county are definitely and plainly de- scribed in the records of the board of county commissioners, and keep in his office a full and correct transcript of such boundaries. In case the boundaries of districts are conflict- ing, or are incorrectly described, he shall change, harmonize and describe them, and make a report of such action to the commissioners; and on being ratified by the commissioners, the boundaries and descriptions so made shall be the legal boundaries and descriptions of the districts of that county. 30 STATE OF MONTANA The county superintendent shall furnish the several district clerks with descriptions of the boundaries of their respective districts. 13. Creation of New Districts. He shall hear and pass upon all petitions for the creation of new school districts. 14. Attach Contiguous Territory. He shall attach to con- tiguous districts territory not a part of any district. 15. Census to be Transmitted to Bureau of Labor and Industry. It shall be the duty of the county superintendent of schools to prepare and transmit within thirty days after he receives the school census from the district clerk, a copy of the census showing the name, sex, age and date of birth of each child under twenty-one years of age residing in the county, together with the names of the parents or guardians of such children to the commissioner of the bureau of labor and industry. No county superintendent shall be paid his salary for the last month in his official year until he pre- sents to the county commissioners the receipt of the com- missioner of the bureau of labor and industry for such an- nual census report. 16. Records. He shall keep a record of his official acts. He shall preserve all books, maps, charts and apparatus sent him as a school officer, or belonging to his office. He shall file all reports and statements from teachers and school boards and shall turn them over to his successor in office. 17. Annual Reports. He shall, on or before the first day of November of each year, make and transmit an annual report to the superintendent of public instruction, containing such statistics, items and statements relative to the schools of the county, as may be required and prescribed by the state superintendent. Such reports shall be made upon and conform to the blanks furnished by the state superintendent of public instruction for that purpose. He shall not be paid his salary for the last month in his official year until he pre- sents to the county commissioners the receipt of the super- intendent of public instruction for such annual report. 18. Office Days. He shall keep his office open five days in every month and give due notice of the same. 19. Clerk. The county superintendent of counties hav- ing fifty or more rural teachers, is authorized to appoint one clerk, and the county superintendent of counties having fewer than fifty rural teachers may, with the permission of the GENERAL SCHOOL LAW 31 county commissioners, appoint a clerk, at a salary to be fixed by the board of county commissioners. 303. Expenses. The county commissioners shall furnish the county super- intendent with a suitable office. They shall also furnish him with all necessary stationery and postage, and they may in their discretion upon his request also furnish him, for the use of the public schools in his county, useful charts, maps, and models; Provided, that not more than $200 a year may be expended for stationery, postage, maps, charts and models. 304. County Superintendent's Traveling Expenses. (Sec. 3195 Revised Codes of 1907.) In addition to the salary now provided by law each county superintendent of schools shall be paid his necessary travel- ing expenses incurred in the discharge of his duties, not to exceed Three Hundred Dollars ($300.00) in any one year. CHAPTER IV. School Districts. 400. School District Defined. The term "school district," as used in this title, is declared to mean the territory under the jurisdiction of a single board, designated as "board of trustees," and shall be organized in the form and manner as hereinbefore provided and shall be known as District No of County; Provided, that all school districts now existing, as shown by the records of the county superin- tendents, are hereby recognized as legally organized districts. 401. Classes. Number of Trustees. All districts having a population of eight thousand or more, are, and hereafter shall be, districts of the first class. All districts having a population of one thousand, or more, and less than eight thousand, are, and hereafter shall be, districts of the second class, and all districts having a population of less than one thousand are, and hereafter shall be, districts of the third class. In districts of the first class the number of trustees shall be seven; in districts of the second class the number of trustees shall be five, and in districts of the third class the number of trustees shall be three. 402. Powers as Body Corporate. Every school district constituted and formed as provided in this title shall be, and is hereby, declared to be a body corporate and under its own proper name or number as such corporate body may sue 32 STATE OF MONTANA and be sued, contract and be contracted with and may ac- quire, purchase and hold and use personal or real property for school purposes mentioned in this title, and sell and dis- pose of the same. 403. When School District May Be Created. No school district shall be created between the first day of March and the first day of September following each year. 404. Organization of New Districts. 1. Steps. For the purpose of organizing a new district, a petition in writing shall be made to the county superin- tendent, signed by the parents or guardians of at least ten census children, between the ages of six and twenty-one years, residing within the boundaries of the proposed new districts and residing at a greater distance than two miles from any school house, which petition shall describe the boundaries of the proposed new district and give the names of all children of school age residing within the boundaries of the proposed new district, at the date of presenting said petition. The county superintendent shall give notice to parties interested by posting, or causing to be posted, no- tices at .least ten days prior to the time appointed by him for considering said petition, in at least three of the most public places in the proposed new district, and one on the school house door of each district affected by the proposed change, or if there be no school house, then in one of the most public places in said old district, and shall on the day fixed in the notice proceed to hear said petition, at the place designated in such notice, which must be either at the court house of the county or else at a school house in one of the school dis- tricts affected, unless a protest in writing signed by at least a majority of the tax paying freeholders residing within such proposed school district shall be filed with the county super- intendent of schools before or at the time fixed in the notice of the hearing of said petition, and in that event such new and proposed school district shall not be created. If no such protest be filed then the county superintendent, if he deem it advisable, shall make an order establishing said district and describing the boundaries thereof, and from an order made by the county superintendent of schools an appeal may be taken by three resident taxpayers of said new district, or by three resident taxpayers of the remaining portion of the GENERAL SCHOOL LAW 33 old district, to the board of county commissioners within thirty days, and a hearing had thereon, and decision ren- dered by said board, which shall be final: Provided, that should the county superintendent refuse to make an order establishing said new district, an appeal may be taken by three resident taxpayers of said new district, to the board of county commissioners, a hearing had and a decision ren- dered by said board which shall be final: Provided, that no new school district shall be established which does not con- tain property of an assessed valuation of at least Ten Thou- sand Dollars ($10,000.00.) as shown by the last official assess- ment roll of the county in which said proposed school district is located; Provided, further that there shall be at least ten census children left in the remaining portion of the original district and a property valuation, as shown by the last official assessment roll of the county, of Fifteen Thou- sand Dollars ($15,000.00) at least. The appeals in this sec- tion mentioned shall be in writing, subscribed by the parties taking the appeal and shall recite sufficient facts to show their rights to appeal hereunder, that it is an appeal from the decision rendered, and such appeal shall be filed with the county superintendent within the time allowed for appeal. 2. Selection of Trustees. When a new district is organ- ized, such trustees of the old district as reside within the limits of the new one shall be trustees in the new district, and the county superintendent must appoint the remaining trustees for the new and the old district, who shall hold of- fice until the next annual election. 3. Apportionment of Moneys to New District. No new district, formed by the subdivision of an old one, shall be en- titled to any share of public money belonging to the old dis- trict until the school has actually been taught one month in the new district, and unless within eight months from the order of the county superintendent granting such new dis- trict, a school is opened, the action making a new district shall be void and all elections or appointments of trustees or clerks made in consequence of such action, and all rights and office of parties so elected or appointed shall cease and determine. 4. Division of District Funds and Property. When a new district is formed from one or more old ones, the school funds remaining to the credit of the old district, after pro- 34 STATE OF MONTANA viding for all outstanding debts, except debts incurred for building and furnishing school houses, shall be divided as follows: The basis for the division of the school fund shall be the school population, as shown by the last school census before the division of the district or districts occurred, and shall apply to such funds as remain to the credit of said old district or districts at the time of the organization of said new district, and- said district shall receive funds in propor- tion to its per cent of the said census. In case of division, each district shall own and hold all permanent property such as sites, school houses and furniture situated within its boundaries. All division of funds under this provision shall be made by the county superintendent, and when there are unpaid special taxes on the county tax book belonging to a district at the date of its division, the county treasurer, upon being notified of such division by the county superintendent, shall retain all moneys received in payment of such special tax until the same shall be apportioned by the county super- intendent, whose duty shall be to apportion said money quar- terly between the fractions of the divided district according to the location of the property on which said tax was levied. At the first apportionment after the organization of a new district, the county superintendent shall apportion to such district its per capita proportion of the general fund, but no money, either from the general or special fund, shall be paid out of the county treasury on account of such district, until a school shall have been taught therein one month: Pro- vided, that any new district formed by the division of an old one shall be entitled to its apportionment, where the time that school was maintained in the old district before division, and in the new one after division, shall be equal to at least four months. 405. Method of Procedure. Division of School District Having More Than One School House. 1. Whenever any school district has more than one school house, and the school electors residing in any particular por- tion of said district, in which portion there is a school house, desire a division of said district, they shall present a petition in writing to the board of trustees of said school district, signed by a majority of the school electors of that portion of said school district out of which they desire to create a new school district which petition shall describe the boundaries GENERAL SCHOOL LAW 35 of the proposed new school district. The board of trustees of said district at any regular meeting or at any special meet- ing called for that purpose, may approve or deny the said petition in their discretion and shall enter their approval or denial upon the minutes of said meeting and transmit the original petition together with a certified copy of the minutes of said meeting to the county superintendent of schools. If the board of trustees of said school district shall approve of the division of said school district, and no appeal is taken from their decision as herein provided, the county superin- tendent of schools may thereupon make an order establishing such new district and defining its boundaries. Any three resident taxpayers of either the old or new district may within thirty days appeal from the decision of the said board of school trustees to the county superintendent of schools and may, within thirty days appeal from the decision or or- der made by the county superintendent of schools to the county commissioners whose decision shall be final. 2. Selection of School Trustees. Trustees shall be se- lected as provided in Section 404, sub-division 2 of this Act. 3. Distribution of Indebtedness. If, at the time such new district is created, there is any indebtedness against such old school district, then the board of county commissioners of the county in which such districts are located shall, at its first regular meeting after the order creating said new dis- trict is made, apportion such indebtedness between said dis- tricts, by first deducting from said indebtedness the amount of all moneys in the treasury belonging to the sinking fund of said old district, and then apportioning the remainder of the indebtedness between the respective districts in propor- tion to the value of the school property remaining in the old district to the value of the school property in the new dis- trict. 4. Trustees Issue Interest Bearing Warrants. That upon the adjustment of such indebtedness, it shall be the duty of the board of trustees of such new district to cause to be made out, issued and delivered to the trustees of such old district, warrants equal to the amount of such indebtedness apportioned to such new district, which warrants, upon pre- sentation, shall be endorsed by the treasurer of the county, "not paid for want of funds," and shall thereafter draw in- terest at the rate of six per cent per annum. 36 STATE OF MONTANA 5. County Commissioners Levy Tax for Interest Bearing Warrants. Until said warrants are paid, it shall be the duty of the board of county commissioners of said county to an- nually levy a tax upon the taxable property of such new school district sufficient to pay the interest on said warrants, and the money realized from the levy of such taxes shall be, by the county treasurer, kept in a special fund to be used solely for the purpose of paying the interest and principal of said warrants. 6. Trustees May Issue Bonds. The school trustees of such new school district shall have, and are hereby given the power and authority to issue on the credit of their district coupon bonds and sell and dispose of the same for the purpose of providing the necessary funds to pay such warrants. Such bonds shall be issued and disposed of upon the conditions and in the manner provided in Section 2030 of this Act, except that said bonds shall recite in the body of each bond that, "this bond is issued for the purpose of providing funds to pay outstanding warrants." 7. Incorporated Towns and Cities Not Included in New District. That no territory within the corporate limits of any incorporated city or town shall be included in any new school district formed or created under the provisions of this Act. 406. District Boundaries. The boundaries of any district cannot be changed, save in forming new districts, except as herein provided. A ma- jority of the resident freeholders residing in territory which is a part of any organized school district, may present a peti- tion in writing to the County Superintendent, asking that such territory be transferred to or included in any other or- ganized district to which said territory is contiguous. The petition shall describe the territory which it is proposed to transfer or include, and shall also state the reason for desir- ing such change and the number of children of school age, if any, residing in the territory to be transferred or included. The County Superintendent shall file said petition in his office immediately on receipt thereof, and shall give notice to the parties interested by posting notices at least ten days prior to the time appointed for considering said petition, one of which shall be in a public place in the territory which is GENERAL SCHOOL LAW 37 proposed to be transferred or included, and one on the door of each school house in each district affected by the change, or if there be no school house in such district then in some public place in such district or districts, and at the time stated in said notice for the consideration of such peti- tion, which shall not be less than ten days nor more than thirty days after the date of filing such petition, he shall proceed to hear such petition, and if he deem it advisable and for the best interests of the territory proposed to be transferred or included, he shall grant said petition and make an order fixing the boundaries of the districts so changed, which order shall be final, unless an appeal be taken to the Board of County Commissioners of the County wherein such districts are located within thirty days thereafter, and upon hearing thereof, the decision of said Board shall be final. All the papers, documents and records in the case shall be certified by the County Superintendent to the County Com- missioners for their determination of the matter on appeal; Provided, that lands lying contiguous to a district and not attached to any district, shall be attached to an adjacent district by the County Superintendent of his own motion; and provided, further, that all districts shall consist of con- tiguous territory. 407. Consolidated Districts. 1. Two Methods. That two or more school districts may consolidated either by the formation of a new district, or by the annexation of one or more districts to an existing district, as hereinafter provided. 2. Order of Procedure. A Petition. Whenever the coun- ty superintendent of schools receives a petition signed and acknowledged by a majority of the resident freeholders of each district affected, qualified to vote at school elections, praying for consolidation, he shall within ten days cause a ten days' posted notice to be given by the clerk in each dis- trict, such notice to be posted in three public places, in each district, of an election in such district at a time and place specified in each notice, to vote on the question of consolida- tion. The votes at such election shall be by ballot which shall read "For Consolidation" or "Against Consolidation." The presiding officer at such election shall within ten days there- 38 STATE OF MONTANA after certify the result of the vote to the county superintend- ent of the county in which the district mainly lies. If the majority of the votes cast in each district be for consolidation, it carries, and the superintendent, within ten days thereafter shall make proper orders to give effect to such vote and shall thereafter transmit a copy thereof to the county clerk and recorder of each county in which any part of any district lies, and the clerk of each district affected. If the order be for the formation of a new district, it shall specify the name and number of such district, and he shall appoint three trustees to serve until the first Saturday in April succeeding. At the regular election succeeding there shall be elected by the regularly qualified electors three trustees, one of whom shall serve for one year, one for two years, and one for three years. The election of trustees and terms shall be the same as for other districts under the general school laws. 3. Disposition of Funds. Property, Records. In case of annexation of any district or districts to any existing dis- trict, as herein provided, the proper officers of the annexed districts, within ten days from the receipt of a copy of such order, shall turn over to the proper officers of the district to which they are annexed, all records, funds, and effects of such annexed district. In case of the formation of a new district, the proper officers of the discontinued districts in like manner within ten days after the organization of the new district, shall turn over the records, funds, and effects of such old districts to the proper officers of the new dis- tricts. In case of consolidation of districts by annexation the title to school houses and sites of the separate districts, shall vest in the new consolidated district and the officers of the old district shall continue to exercise their duties until the of- ficers of the new consolidated district have been elected and have qualified. 4. How Governedj Consolidated school districts shall be governed by the general school laws of the state. 5. Bonded Debts. Bonded indebtedness of any districts merged by consolidation shall be assumed by the consolidated district. GENERAL SCHOOL LAW 39 408. Joint Districts. 1. Formation. That joint districts (districts lying partly in one county and partly in another) may be formed in the same manner as other new districts are formed, except that the petition herein provided for must be made to the county superintendent of each county affected; but in the case of joint districts, all of the provisions herein enumerated for the formation of a new district must be by concurrent action of the superintendent of each county affected. 2. Control. Whenever a district lies partly in one county and partly in another, the county superintendent must appor- tion to such district such proportion of the school money to which such district is entitled as the number of school cen- sus children residing in that portion of the district situated in his county bears to the whole district. The trustees and teachers of joint districts must make to the superintendent of each county in which the district is located the reports which other trustees and teachers are required to make, and also the number of pupils attending the school from each county; and all other acts which from their nature should be separately kept and done, as if each portion of said joint district belonging to each county were an entire district in the respective counties. The teachers of such joint district shall have certificates from the superintendent of the county in which the school house is located. CHAPTER V. School Trustees. 500. Qualifications Of. Any person, male or female, who is a qualified voter at any election under this Act, shall be eligible to the office of school trustee in such district. 501. Number Of. In districts of the first class, the number of trustees shall be seven, in districts of the second class the number of trus- tees shall be five, and in districts of the third class the num- ber of trustees shall be three. 502. Election. 1. An annual election of school trustees shall be held in each school district in the state on the first Saturday in April, in each year, at the district school house, if there be 40 STATE OF MONTANA one, and if there be none, at a place designated by the board of trustees. 2. Districts of the Second and Third class: (a) Nomination of. In districts of the second and third class, the names of all candidates for membership on the school board must be received and filed by the clerk and posted at each polling place at least five days next preceding the election. Any five qualified electors of the district may file with the clerk the nominations of as many persons as are to be elected to the school board at the ensuing election. (b) Conduct of Election. In districts of the second and third class, the election of school trustees shall be held and conducted under the supervision of the board of school trus- tees. The clerk of the school district must not less than fif- teen days before the election required under this Act, post notices in three public places in said district, and in incor- porated cities in each ward, which notices must specify the time and place of election, and the hours during which the polls will be open. The trustees must appoint by an order entered in their records three qualified electors of said dis- trict, to act as judges at such election, and the clerk of the district shall notify them by mail of their appointment. If the judges named are not present at the time for opening the polls, the electors present may appoint judges, and the judges so appointed shall designate one of their number to act as clerk. The voting must be by ballot, without reference to the general election laws in regard to nominations, form of ballot, or manner of voting, and the polls shall be open for such length of time as the board of trustees may order ; Pro- vided, that such polls must be open from two P. M. to six P. M. 3. Districts of the First Class. (a) Nomination Of. In districts of the first class no person shall be voted for or elected as trustee unless he has been nominated therefor by a bona fide public meeting, held in the district at least ten days before the day of election, and at which at least twenty qualified electors were present, and a chairman and secretary were elected, and a certificate of such nomination setting forth the place where the meet- ing was held, giving the names of the candidates in full, and if there are different terms to be filled, the term for which such candidate was nominated, duly certified by the chair- GENERAL SCHOOL LAW 41 man and secretary of such meeting, shall be filed with the district clerk at least eight days before the day of election. The nomination and election of any person shall be void, un- less he was nominated at a meeting as above provided at which at least twenty qualified electors were present, and his nomination certified and filed as aforesaid, and the board of trustees acting as a canvassing board shall not count any votes cast for any person, unless he has been so nominated and a certificate thereof filed as herein required, (b) Conduct Of. 1. Board of Trustees to Call Election. The board of trus- tees shall at least thirty days before the annual election of school trustees, by an order entered upon the minutes of their meeting, designate and establish a suitable number of polling places and create an equal number of election precincts to correspond, and define the boundaries thereof. 2. Notice Of. The district clerk shall at least fifteen days before the election in districts of the first class, give notice of the election to be held in all such districts, by posting a notice thereof in three public places in the district, and in incorporated cities and towns in each ward, which notices must specify the time and place of election, the number of trustees, and the terms for which they are to be elected, and the hours during which the polls will be open. Whenever in the judgment of the board of trustees the best interest of the district will be served by the publication of such notices of election in some newspaper in the county, they may, by an order entered on the minutes of their meeting, direct the dis- trict clerk to publish the notice of election required to be given in districts of the first class, in some newspaper in the county. 3. Hours of Election. In districts of the first class the polls must be opened at eight o'clock A. M., and kept open until twelve o'clock M., and from one o'clock P. M., until eight o'clock P. M. 4. Judges Of. The board of district trustees shall, at least ten days before the day of the annual election of trus- tees in any district of the first class, appoint three qualified electors of the district for each polling place established to act as judges of election, and the district clerk shall notify such persons by mail of their appointment. Such judges shall designate one of their number to act as clerk of such elec- 42 STATE OF MONTANA tion. If the judges appointed, or any of them, are not pres- ent at the time for the opening of the polls, the electors pres- ent may appoint judges, who must be qualified electors, to act in the place of those who are absent. 5. Ballots and Method of Voting. In districts of the first class, the ballot shall show the name or names of the candi- dates and the length of time for which they are to be elected. These ballots shall be as near as possible in the following form: For School Trustees: For three (3) year term. Vote for Three: John Abner William Brown Adam Smith For one (1) year term. George Davis 4. Poll and Tally List, Certificate of Judges, and Canvass of Votes. At every election held under this Act, a poll list shall be kept by the judges and clerk at each polling place, and im- mediately after the close of the polls the judges shall count the ballots, and if there be more ballots than votes cast the judges must draw by lot from the ballots without seeing them, sufficient number of ballots to make the ballots re- maining correspond with the number of the votes cast. The clerk shall write down in alphabetical order in a poll book provided for that purpose the name of every person voting at the time he deposits his ballot. There shall also be pro- vided a tally list for each polling place ; after the ballots have been counted and made to agree with the poll list the judges shall proceed to count them. The Clerk shall enter in the tally list the name of every person voted for as trustee, and the term, and tally opposite his name, the number of .votes cast for him, and at the end thereof set down in a column provided for that purpose the whole number of votes he re- ceived. The judges and clerk shall sign a certificate to said tally list setting forth the whole number of votes cast for each person or trustee, designating the term, and they shall verify the same as being correct to the best of their knowl- edge before an officer authorized to administer oaths. No informality in such certificate shall vitiate the election, if GENERAL SCHOOL LAW 43 the number of votes received for each person can reasonably be ascertained from said tally list. Said books and tally lists shall be returned to the board of trustees of the district, who shall canvass the vote and cause the clerk of the district to issue a certificate of election to the person or persons elected, designating their term, a copy of which must be for- warded to the county superintendent of schools. School trus- tees are hereby authorized to administer oaths to judges of election. 5. Term of Office: Vacancy: Oath of Trustee. Trus- tees elected shall take office immediately after qualifying and shall hold office for the term of three years except as elsewhere expressly provided, and until their successors are elected and qualified, or appointed by the county superintend- ent of schools and qualified. A vacancy in the office of school trustee must be filled by appointment by the county superintendent of schools sub- ject to confirmation by a majority of the remaining members of said board, if those remaining constitute a majority of the total number of the board, which trustee so appointed shall hold office until the next annual election, at which elec- tion there shall be elected a school trustee for the unexpired term. Every trustee shall file his oath of office with the county superintendent of schools. Any trustee who shall fail to qualify within fifteen days after being elected shall forfeit all rights to office, and the county superintendent of schools shall appoint to fill the vacancy in the office of such school trustees. 6. Vacancy in School Boardj When any vacancy occurs in the office of trustee of any school district by death, resignation, failure to elect at the proper time, removal from the district, or other cause, the fact of such vacancy shall be immediately certified to the county superintendent by the clerk of the school district, and the county superintendent shall immediately appoint in writing some competent person who shall qualify and serve until the next annual school elec- tion. The county superintendent shall at the same time notify the clerk of the school district of every such appoint- ment; Provided, that absence from the school district for sixty consecutive days shall constitute a vacancy in the office of trustee. 44 STATE OF MONTANA 7. Trustees How Removed. Any school trustee may be removed from office by a court of competent jurisdiction by law for removal of elective civil officers; Provided, however, that upon charges being preferred and good cause shown, the board of county commissioners may suspend a trustee until such time as such charges can be heard in the court having jurisdiction thereof - 8. Vacancy in Office of Clerk. Should the office of the clerk of the school district become vacant, the board of school trustees shall immediately fill such Vacancy by appointment, and the chairman of the board of school trustees shall imme- diately notify the county superintendent of such appointment. 9. Rearrangement of Terms to Prevent the Election of a Majority of the Trustees. When at any annual school elec- tion the terms of a majority of the trustee regularly expire; in districts of the first class, three trustees, in districts of the second class, two trustees, in districts of the third class, one trustee, shall be elected for three years, and the remaining trustee or trustees whose terms expire shall hold over for one or two years as may be necessary to prevent the terms of a majority of the board of trustees expiring in any one year; Provided, that it shall be determined by lot what trus- tees shall hold over, and for what term. 10. Qualifications of Electors. Every citizen of the United States who has resided in the State of Montana for one year, and thirty days in the school district next preceding the election, may vote thereat. Women of the age of twenty- one years and upwards, who are citizens of the United States, and who have resided in the State of Montana one year, and in the school district for thirty days next preceding the day of the election, may vote thereat. (S. B. 55 of the 13th Legislative Assembly provides, "That electors otherwise qualified shall not be required to register to vote at school elections in school districts of the third class.") 11. Challenges: Oath of Voters. Any person offering to vote may be challenged by any elector of the district, and the judges must thereupon administer to the person chal- lenged an oath or affirmation in substance as follows : "You do solemnly swear or affirm, that you are a citizen of the United States; that you are twenty-one years of age; and that you have resided in the State one year, and in this school GENERAL SCHOOL LAW 45 district thirty days next preceding this election, and that you have not voted this day, so help you God." If he takes this oath or affirmation, his vote must be received; otherwise re- jected. Any person who shall swear falsely before any such judge of election, shall be guilty of perjury and shall be pun- ished accordingly. 12. Expenses of Election. All the expenses necessarily incurred in the matter of holding elections for school trustees shall be paid out of the school funds of the district. Judges of election of districts of the first and second class shall receive not to exceed three dollars per day each for all ser- vices connected with the election. 503. Compensation of Trustees. Every school trustee in a district of the first class, provided said district shall have a population not less than twenty thousand, shall give an official bond in the sum of ten thou- sand dollars for the faithful discharge of his duties, which bond shall be approved by the district judge and filed with the county clerk, and every such trustee shall be entitled to receive out of the school funds of the district the sum of four dollars for each meeting of trustees, which he shall attend in giving the necessary attention to school business, not exceeding, however, one meeting each week, and he shall receive no compensation for his attendance at any meeting unless he attends throughout its entire session. The com- pensation here provided shall be audited and allowed by the board of trustees and entered upon their records. 504. Organization Of. The school trustees shall meet annually the third Saturday in April and organize by choosing one of their number chair- man, and a competent person, not a member of the board, as clerk. The chairman shall preside at all the meetings of the board, and shall perform such duties as usually pertain to such officer, and in accordance with the customary rules of order. 505. Meetings Of. The board shall hold, in districts of the first class, at least one and not more than five meetings each month for the transaction of its business; and in all districts at least four meeting each year shall be held, to-wit: On the third Satur- days of April, July, October and January, at such places and 46 STATE OF MONTANA hours as shall be fixed by the board. A special meeting of the board may be held upon the call of the chairman or any two members of the board ; at least forty-eight hours written notice shall be given to each member of the board of any spe- cial meetings, and no business transacted by the board shall be valid, unless transacted at a regular or special meeting thereof. 506. Quorum Of. Except when otherwise authorized by law every school district is under the control of a board of school trustees, consisting of three members, a majority of which constitutes a quorum for the transaction of business. 507. Powers. 1. Over Property. The board of trustees of each school district shall have custody of all school property belonging to the district, and shall have power in the name of the dis- trict, or in their own names, as trustees of the district to convey by deed all the interest of the district in or to any school house or lot directed to be sold as hereinafter provided, and all conveyances of real estate made to the district or to the trustees thereof, shall be made to the board of trustees of the district and to their successors in office; said board, in the name of the district shall have power to transact all business necessary for maintaining schools and protecting the rights of the district. 2. Establish High Schools. Whenever the interests of the district require it a board of trustees may establish a high school, employ a principal teacher and subordinate teach- ers, and grade the school into departments and classes. 3. Transportation of Pupils. That the trustees of any school district in the State of Montana, when they shall deem it for the best interest of all pupijs residing in such district, may close their school and send pupils of the district to an- other district and for such purpose are hereby empowered to expend any moneys belonging to their district for the pur- pose of paying for the transportation of pupils from their district to such other district or districts and for the pur- pose of paying their tuition. Whenever the trustees of any school district in the State of Montana deem it for the best interest of such district and the pupils residing therein they may expend any moneys belonging to their district for the GENERAL SCHOOL LAW 47 purpose of paying for the transportation of pupils from their homes to the public school or schools maintained in such district. 4. Night Schools. The trustees shall have power to or- ganize and maintain outside of the regular school hours, special sessions of the public schools whenever in their judg- ment, such sessions are necessary. They shall determine what subjects shall be taught, and shall make all necessary rules and regulations for such sessions including the terms of admission of pupils. Such schools shall be free to all eligi- ble pupils of the district and the expense of maintenance shall be paid out of the general school funds of the district. 5. Transfer of Apportionment. Any board of trustees, may in their discretion, when pupils belonging in their dis- trict are attending school in another district, transfer school moneys due by apportionment to such pupils, to the district in which they are attending school. 6. Call Special Election. The board of trustees shall have power to call a special election for the purpose of bonding the district for the erection and furnishing buildings and purchase of school sites, and for permission to sell school property; Provided, that in districts of the first and second classes boards of trustees shall have power to change or select school sites. 508. Duties. Every school board unless otherwise specially provided by law shall have power and it shall be its duty: 1. To prescribe and enforce rules not inconsistent with law, or those prescribed by the Superintendent of Public In- struction for their own government of schools under their supervision. 2. To employ or discharge teachers, mechanics, or labor- ers, and to fix and order paid their wages ; Provided, that no teacher shall be employed except under resolution agreed to by a majority of the board of trustees at a special or regular meeting; nor unless such teacher be the holder of a legal teacher's certificate in full force and effect. All contracts of employment of teachers, authorized by proper resolution of a board of trustees, shall be in writing and executed in dupli- cate by the chairman and clerk of the board, for the district and by the teacher. 4S STATE OF MONTANA 3. To determine the rate of tuition of non-resident pupils. 4. To fix the compensation of the clerk. 5. To enforce the rules and regulations of the superin- tendent of public instruction for the government of schools, pupils, and teachers and to enforce the course of study. 6. To provide for school furniture and for everything needed in the school house or for the use of the school board. 7. To rent, repair and insure school houses. 8. To build or remove school houses, and to purchase or sell school sites, provided that in districts of the third class they shall not build or remove school houses, nor purchase, sell or locate school sites unless directed so to do by a major- ity of the electors of the district. 9. To hold in trust for their district all real or personal property for the benefit of the school thereof. 10. To suspend or expel pupils from school who refuse to obey the rules thereof, and to exclude from school, children under six years of age where the interest of the school re- quires such exclusion. 11. To provide books, clothing and medical aid for in- digent children when it shall be made to appear that such aid is needed. 12. To require pupils to be furnished with suitable books as a condition of membership in school. 13. To exclude from school and school libraries, all books, tracts, papers and other publications of immoral and perni- cious nature. 14. To require teachers to conform to the law. 15. To make an annual report, as required by law, to the county superintendent on or before the first day of October, in each year, in the manner and form and on the blanks pre- scribed and furnished by the Superintendent of Public In- struction. 16. To make a report directly to the Superintendent of Public Instruction whenever instructed by him to do so. 17. To determine what branches, if any, in addition to those required by law, shall be taught in any school in the district, subject to the approval of the county superintendent, in districts of the third class. 18. To visit every school in their district at least once in each term and to examine carefully into its management, GENERAL SCHOOL LAW 49 conditions and needs. This clause applies to each of the trustees. 19. To provide separate privies or outhouses for the use of the sexes at all school houses, where the same do not exist, and to see that the same are kept in good repair, and in a clean condition. Such privies or outhouses must be located and built in such manner as to secure privacy. In all cases where there is no fence dividing the play yards of the sexes, the privies or outhouses herein named shall be separate and distinct buildings, and situated at least twenty feet apart, and to require that all teachers and janitors use due care in keeping all toilets in good repair and in clean condition and free from obscenity; Provided, that any trustee or trustees, teacher, janitor or janitors, failing to comply with the pro- visions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not ex- ceeding one hundred dollars or imprisoned in the county jail not exceeding ninety days or both such fine and imprisonment in the discretion of the court. 20. To allow pupils residing in other districts to attend school in the district of which they have charge if in their judgment there is sufficient room. 21. To procure by purchase or donation and to cause to be displayed daily in suitable weather, an American flag, with accompanying necessary fixtures, for each and every school house in their respective districts. Said flags shall be of dimensions not less than four by six feet and shall be made from durable material. The school trustees are hereby au- thorized and empowered to use such portion of the school funds as remain in their hands and which is not otherwise appropriated for the purchase and erection of fixtures. 22. To close school at their discretion during the annual session of the State Teachers' Association, and to allow teach- ers to attend the same without loss of salary. 509. Letting Contracts and Furnishing Supplies, Trustees Not to Be Interested In. It shall be unlawful for any school trustee to have any pecuniary interest, either directly or indirectly, in the erec- tion of any school houses, or for warming, ventilating, fur- nishing or repairing the same, or be in any manner connected with the furnishing of supplies for the maintenance of the schools, or to receive or to accept any compensation or re- 50 STATE OF MONTANA ward for services rendered as trustees, except as hereinbe- fore provided. No board of trustees shall let any contract for building, furnishing, repairing, or other work, for the benefit of the district, where the amount involved is two hun- dred and fifty dollars, or more, without first advertising in a newspaper published in the county for at least two weeks, calling for bids to perform such work, and the board shall award the contract to the lowest responsible bidder ; Provided, however, that the board of school trustees shall have the right to reject any and all bids. 510. Liability. Any board of trustees, shall be liable as trustees, in the name of the district, for any judgment against the district, for any salary due any teacher on contract and for all debts legally contracted under the provisions of this title, and they shall pay such judgments, or liabilities out of the school moneys to the credit of such district. 511. Misdemeanor. Penalty. When any school officer is suspended by election or other- wise, he shall immediately deliver to his successor in office all books, papers, and moneys pertaining to his office, and such officer who shall refuse to do so, or who shall willfully mutilate or destroy any such books or papers, or any part thereof, or who shall misapply any moneys intrusted to him by virtue of his office, shall be guilty of a misdemeanor, and shall be punished by a fine in the discretion of the court, not exceeding one hundred dollars. 512. Clerk. The duties of the District Clerk shall be as follows: 1. To attend all meetings of the board of trustees; but if he shall not be present, the board of trustees shall select one of their number as clerk who shall certify the proceedings of the meeting to the clerk of the district to be recorded by him. He shall keep his record in a book to be furnished by the board of trustees and he shall preserve a copy of all re- ports made to the County Superintendent and safely preserve and keep all books and documents belonging to his office, and shall turn the same over to his successors. 2. To keep accurate and detailed accounts of all receipts and expenditures of school moneys. At each annual school meeting the district clerk shall present his record book, for GENERAL SCHOOL LAW 5t public inspection and shall make a statement of the financial condition of the district and the action of the trustees and such record must always be open for public inspection. 3. To make annually between the first day of September and the first day of October of each year, an exact census of all the children and youth between the age of six and twenty- one years residing in the district; and shall specify the sex, age, and date of birth of such children. He shall take the name of each child, the same to be spelled out in full; the Christian and surname of both parents, or guardians, and in- cluding initials of all middle names, together with the place of residence of said parents or guardians, specified by street and number if living in city or town ; or, if living in any other than a city or town, the postoffice address of said parents or guardians must be given. He shall take specifically and separately a census of all children under the age of six years as in the manner aforesaid, all children under twenty-one years of age who may be absent from home for any cause, shall be included by the district clerk in the census list of the city, town or district in which their parents reside. He shall make under oath full report thereof on blanks furnished for this purpose to the county superintendent in duplicate, within fifteen days after the completion of the census and deliver a copy to the school trustees. Failure to make such report as specified shall constitute a misdemeanor, and shall be punished by a fine of not less than ten dollars nor more than fifty dollars. For taking the census the District Clerk shall be paid by the board of trustees from the county school money, to the credit of the district, in the same manner as other contingent expenses are paid, at a rate not exceeding ten cents for each child's name returned by him. He shall receive such other compensation for other services as may be allowed by the board of trustees. In case any district clerk shall fail to take the census provided in this act at a proper time, and if through such neglect the district fail to receive its apportionment of school moneys, said school clerk shall be individually liable to the district for the full amount so lost, and it may be recovered on a suit brought by any citizen of such district in the name and for the benefit of the dib trict. 4. To make annually between the first and twentieth days of September of each year, an exact detailed and itemized 52 STATE OF MONTANA statement, of all moneys expended by or in behalf of the school district, which statement shall show all disbursements made on behalf of the school district from September first of the preceding year to September first of the current year ; it is hereby made the duty of the clerk to file said statement on or before September thirtieth of each year with the chair- man of the board of trustees of the district and a copy there- of with the county treasurer of the county wherein the dis- trict is located and in all districts disbursing annually amounts exceeding $10,000.00, the clerk shall and in districts disburs- ing less than $10,000.00, annually, may cause to be published in some newspaper in general circulation published in the same county, a copy of said statement, for two consecutive issues, each publication to commence not later than the first week in September. It is hereby made the duty of the Board of County Commissioners of each county to designate the news- paper in which said publication shall be made. 513. Shall Not Purchase Charts. The board of school trustees in any district of the third class shall not issue any warrant for maps, charts or other apparatus unless the same is authorized by the county su- perintendent. CHAPTER VI. Schools. 600. School Defined. A public school is hereby defined to be one that is main- tained at the public expense in each school district, and under the supervision of the board of trustees, and shall comprise the elementary grades and may comprise in addition at op- tion of the board the kindergarten and high school grades. 601. Course of Study in Elementary Schools. All public schools shall be taught in the English language; and instruction shall be given in the following branches, viz:, reading, penmanship, written arithmetic, mental aritmetic, orthography, geography, English grammar, physiology and hygiene, with special reference to the effect of alcoholic stimulants and narcotics on the human system, civics (State and Federal), United States history, and history of Montana. 602. Kindergarten Free. The school board of any school district in the State shall have power to establish and maintain free kindergartens in GENERAL SCHOOL LAW 53 connection with the public schools of said district, for the instruction of children between three and six years, residing in said district and shall establish such course of training, study and discipline, and such rules and regulations govern- ing such preparatory or kindergarten schools as said board may deem best; provided, that nothing in this Act shall be construed to* change the law relating to the taking of the census of the school population or the apportionment of state and county school funds among the several counties and dis- tricts in the state; provided, further, that the cost of estab- lishing and maintaining such kindergartens shall be paid from the school funds of said district, and the said kinder- gartens shall be a part of the public school system and gov- erned as far as practicable in the manner and by the same officers as is now, or hereafter may be provided by law for the government of the other public schools of the State; pro- vided, further, that the teachers of kindergarten schools shall pass such examination on kindergarten work as the kinder- garten department of the state normal school may direct, provided that a certificate from a kindergarten teacher's in- stitute of recognized standing shall be recognized by the State Normal School. 603. High Schools. Boards of trustees have power to establish a high school as hereinbefore provided. 604. Who May Attend. Every public school not otherwise provided for by law shall be open to the admission of all children between the ages of six and twenty-one years residing in the school dis- trict, and the board of trustees shall have the power to admit children not residing in the district as hereinbefore provided. 605. School Day. The school day shall be six hours in length, exclusive of an intermission at noon; but any board of trustees in any dis- trict having a population of five hundred or more may fix as the school day a less number of hours than six; provided, that it be not less than four hours, except in the lowest primary grades where the pupils may be dismissed after an attendance of three hours. 606. School Month. A school month shall consist of four weeks of five days each. 54 . STATE OF MONTANA 607. School Year. The school year shall begin on the first day of September, and end on the thirty-first day of August; provided, that in districts of the third class the schools shall not be in session less than four months in any school year, and in districts of the first and second classes the school shall be in session not less than nine months during any school year; provided, fur- ther, than any school district of the third class which shall fail to maintain a free school for four months during the next preceding school year, and any district of the first and second class which shall fail to maintain a free school for at least nine months during the next preceding school year, or any school district that shall fail to make its annual report to the county superintendent as provided by law on or be- fore October 1st, of each year shall not be entitled to receive any apportionment of any school moneys. Any and all such moneys thus forfeited by any school dis- trict shall be apportioned by the county superintendent to other school districts of his county. 608. Maintenance of Schools in Isolated Sections. In districts in which there may be an isolated section or sections where reside not less than four children, which sec- tions are situated not less than five miles from the estab- lished school in such district, in which isolated section or sec- tions is maintained for not less than three months a school presided over by a regular qualifed teacher for the benefit of all children of such section, the board of trustees of such district may pay to the teacher of such school the apportion- ment of the school moneys for the census children so attend- ing said school. 609. Sectarian Publications Prohibted. No publication of a sectarian, partisan or denmoinational character shall be used or distributed in any school or be made a part of any school library; nor shall any sectarian or denominational doctrines be taught therein. 610. Fire Drills. 1. That in all schools of the state, either public or private, in which thirty or more children are enrolled, it shall be the duty of the teacher or teachers therein employed to instruct the children under their immediate control and charge once each week during school terms in "fire drill" as hereinafter provided. GENERAL SCHOOL LAW 55 2. A fire alarm shall be given by striking a gong, and im- mediately upon such alarm, the children shall be required to form immediately in line and leave the building in an or- derly manner, through the exit and exits that will most expeditiously clear the building. There shall be no certain day of the week or hour of the day for giving such alarm, and it shall be given without previous warning to the children. 3. It shall be the duty of the trustees or directors, or other persons having control and management of any school build- ing of the class mentioned in subdivision one of this section, to provide one or more gongs therefor, to be placed in such a manner that any teacher may give an alarm without leav- ing the room or that such alarm could be given from the basement. Each member of any board of trustees or direct- ors, or any other person, whose duty it is to install said gongs as herein provided who fails or refuses so to do shall be guilty of a misdemeanor and upon conviction shall be fined not less than five nor more than fifty dollars. 4. Any teacher who fails or refuses to instruct in said fire drill in the matter provided for in this chapter, after the installation of gongs, as above provided, shall be deemed guilty of a misdemeanor and shall upon conviction, be fined not less than five nor more than twenty-five dollars. 611. Instruction in Fire Dangers and Prevention Thereof. 1. Every teacher or instructor in every public, private or parochial school or elementary grade consisting of more than ten pupils, shall devote not less than ten minutes in each week during which school is in session to the instruction of pupils in fire dangers. For the purpose of such instruction it shall be the duty of the Commissioner of Insurance to prepare a book con- veniently arranged in chapters or lessons, such chapters or lessons to be in a number sufficient to provide a different chapter or lesson for each week of the maximum school year, one of such lessons to be read by the teachers in such school each week; provided, that if it is advisable, and found possi- ble, to secure such lessons as may have been prepared for this purpose, or in use, in another state, the same may be used in this state. This book shall be published at the expense of the state from the amount appropriated for public printing, under the irection of the State Superintendent of Public Instruction, . 56 STATE OF MONTANA and shall be distributed in quantities sufficient to provide a copy for each teacher required by the provisions of this chap- ter, to give the instruction herein provided for; the distribu- tion to be made by the State Superintendent of Public In- struction. 2. Wilfull neglect by any principal, or other person, in charge of any public, private or parochial school of the ele- mentary grades to comply with the provisions of this chapter, shall be a misdemeanor, punishable, each offense, by a fine of not less than five dollars nor more than twenty dollars. 612. Prevention of Communicable Diseases. 1. There shall be taught in every year in every public school of elementary grade in Montana, the principal modes by which each of the dangerous communicable diseases spread, and the method for the restriction and prevention of each such diseases as small pox, dipththeria, scarlet fever, measles, tuberculosis, chicken pox, and such other diseases as may be named, and attention called to the same by the board of health of this state. 2. School boards shall annually send to the public school superintendents and teachers throughout the state printed data and statements which will enable them to comply with the provisions of this chapter. 3. School boards are hereby required to direct superin- tendents and teachers to give oral and blackboard instruction, using the data and statements supplied by the state board of health. 4. Neglect or refusal on the part of any superintendent or teacher to comply with the provisions of this chapter shall be considered a sufficient cause for dismissal from the school by the school board. 5. Any member of any school board who shall wilfully neglect or refuse to comply with any provisions of this chap- ter shall be deemed guilty of a misdemeanor and shall be subject to punishment by a fine not exceeding one hundred dollars. CHAPTER VII. Pupils. 700. All pupils who may be attending public schools shall comply with the regulations established in pursuance of law for the government of such schools ; shall pursue the required course of study, and shall submit to the authority of the GENERAL SCHOOL LAW 57 teachers of such schools. Continued and wilful disobedience and open defiance of the authority of the teacher shall con- stitute good cause for expulsion from school. Any pupil who shall in any way, cut, deface or otherwise injure any school house, furniture, fences or outbuildings thereof, or any book belonging to other pupils, or any books belonging to the dis- trict library, shall be liable to suspension and punishment, and the parent or guardian of such pupil shall be liable for damages, on complaint of the teacher or any trustee and upon proof of the same. 701. Secret Fraternities. 1. Prohibited in Public Schools. From and after the pas- sage of this Act it shall be unlawful for any pupil, registered as such, and attending any public high school, district, primary or graded school, which is partially or wholly main- tained by public funds, to join, become a member of, or to solicit any other pupil of any such school to join, or become a member of any secret fraternity or society wholly or par- tially formed from the membership of pupils attending any such school or to take part in the organization or formation of any such fraternity or society, except such societies or associations as are sanctioned by the trustees of such schools. 2. Trustees to Establish Rules and Regulations. The trustees of all such schools shall enforce the provisions of Section 701 of this chapter and shall have full power and authority to make, adopt and modify all rules and regulations which in their judgment and discretion may be necessary for the proper governing of such schools and enforcing all the provisions of this section. 3. Trustees Shall Have Power to Suspend or Dismiss. The trustees of such schools shall have full power and au- thority, pursuant to the adoption of such rules and regula- tions made and adopted by them, to suspend or dismiss any pupil or pupils of such school therefrom, or to prevent them, or any of them, from graduating or participating in school honors when, after investigation, in the judgment of the trustees, or a majority of them, such pupil or pupils are guilty of violating any of the provisions of this section, or who are guilty of violating any rule, rules or regulations adopted by such trustees for the pupose of governing such hools or enforcing this section. I 58 STATE OF MONTANA 4. Soliciting a Misdemeanor, by Persons, Not Pupils. It is hereby made a misdemeanor for any person not a pupil of such schools to be upon the school grounds, or to enter any school building for the purpose of "rushing" or soliciting while there any pupil or pupils of such schools to join any fraternity, society or association organized outside of said schools. All persons convicted of violating the provisions of this section shall be punished by a fine of not less than five dollars nor more than twenty-five dollars. CHAPTER VIII. Teachers. 800. Certificate of Qualification. 1. Qualifications. No certificate to teach in the public schools .of Montana shall be granted to any person, who is not a citizen of the United States, or who has not declared his intention to become a citizen. 2. No person is eligible to teach in any public school in this state, or to receive a certificate to teach, who has not at- tained the age of eighteen years. 3. No person shall be accounted a qualified teacher within the meaning of the school law who has not first secured from the county board of educational examiners of the county in which he proposes to teach, a certificate setting forth his qualifications ; or who has not secured a temporary certificate from the county superintendent, or from the county board of educational examiners; or who has not a certificate en- dorsed by the county board of educational examiners ; or who has not a state certificate or a life diploma issued by the state board of education; or who has not a temporary state certificate issued by the state superintendent; or who does not hold a certificate from the state normal college; or who has not a university certificate of qualification to teach. Upon the request of any board of school district trustees or its representatives, or any county superintendent of schools, the state superintendent of public instruction may grant, without examination, a special certificate valid only in the district requesting the same, in music, drawing, elcocution, physical culture, penmanship, manual training, domestic science, agriculture, commercial and kindred subjects, first three-year primary, and kindergarten grades to any teacher GENERAL SCHOOL LAW 59 who presents satisfactory evidence of special proficiency for teaching any of the above subjects, as shown by any certifi- cate and credentials held by such teacher; provided, that such special certificate shall be valid for only one year, and shall be referred to the State Board of Education for further approval on the payment of one dollar ($1.00) into the county institute fund, and shall entitle the holder to teach only such special subjects as are stated in said certificate, provided, that all certificates or diplomas before they shall be valid in any county must be registered in the office of the county superintendent within ten days after the term of service of any teacher begins; and not more than ten days' salary shall be paid any teacher for services rendered previous to the registration of such certificate or diploma. 4. Any person to be eligible to teach in any public school in Montana must have attained the age of eighteen years, must be a citizen of the United States, or must have declared his intention to become a citizen, and must be the holder of a lawful certificate to teach. Any contract made in violation of this section shall be void. 801. Tenure of Office of Teachers. After election of any teacher or principal for the second consecutive year in any district in the state such teacher or principal so elected shall be deemed re-elected from year to year thereafter unless the board of trustees shall by a ma- jority vote of its members on or before the first day of May give notice in writing to such teacher or principal that his services will not be required for the ensuing year; provided, that in case of principals in charge of school systems such notice shall be given on or before February 1st. 802. Powers. Every teacher shall have power to hold every pupil to a strict accountability in school, for any disorderly conduct on the way to and from school or during intermission or recess ; to suspend from school any pupil for good cause; provided that suspension shall be reported to the trustees as soon as practicable for their decision ; provided further, that in school districts employing a superintendent or principal, the power of suspension shall be vested in the superintendent or princi- pal as directed by the rules of the board. 60 STATE OF MONTANA 803. Duties. 1. Teachers shall faithfully enforce in school the course of study and regulations prescribed, and if the teacher shall refuse or neglect to comply with such reguations then the board of trustees shall be authorized to withhold any warrant for salaries due, until such teacher shall comply therewith. 2. It shall be the duty of the teacher of every public school in this state to keep in a neat and businesslike manner, a daily register in such form and upon such blanks as shall be prepared by the superintendent of public instruction, and no board of trustees shall draw any warrant for the salary of any teacher for the last month of his services in the school at the end of any term or year, until they shall have re- ceived a certificate from the district clerk that the said reg- ister has been properly kept, the summaries made and the statistics entered, or until, by personal examination, they shall have satisfied themselves that it has been done. 3. Every teacher employed in any public school shall make an annual report to the county superintendent on or before the tenth day of September next after the close of each school year, in the form and manner and on blanks prescribed by the superintendent of public instruction. A copy of such report shall be furnished to the district clerk. Any teacher who shall end any school term before the close of the school year, shall make a report to the county superintendent immediately after the close of such term, and any teacher who may be teaching any school at the close of the school year shall in his annual report, include all statis- tics from the school register for. the entire school year not- withstanding any previous report for a part of the year. Teachers shall make such additional reports as shall be re- quired in pursuance of law by the superintendent of public instruction. No board of trustees shall draw any order or warrant for the salary of any teacher, for the last month of his services until the reports herein required shall have been made and received; provided, that in all schools acting under the direction of a city superintendent, teachers shall be re- quired to report to such superintendent, whose report shall be accepted by the county superintendent and by the trustees in lieu of the teachers reports; and that when there is no city superintendent, the report of the principal shall be accepted in lieu of the teachers' reports. GENERAL SCHOOL LAW 61 4. It shall be the duty of all teachers to endeavor to im- press on the minds of their pupils the principles of morality, truth, justice and patriotism; to teach them to avoid idleness, profanity and falsehood, and to instruct them in the principles of free government and to train them up to a true compre- hension of the rights, duties and dignity of American citizen- ship. 5. It shall be the duty of the teacher to exercise due dili- gence in the care of school grounds and buildings, furniture, apparatus, books and supplies. 6. Whenever it shall be deemed necessary to inflict cor- poral punishment on any student in the public schools, such punishment shall be inflicted without undue anger and only in the presence of teacher and principal, if there be one; and then only after notice to the parent or guardian; except that in cases of open and flagrant defiance of the teacher or the authority of the school, corporal punishment may be inflicted by the teacher or principal without such notice. 7. Any parent, guardian or other person, who shall insult or abuse a teacher in the presence of the school, or anywhere on the school grounds or school premises, shall be deemed guilty of a misdemeanor and shall be liable to a fine of not less than ten dollars nor more than one hundred dollars. 8. Any person who shall wilfully disturb any public school or any public school meeting, shall be deemed guilty of a mis- demeanor, and shall be liable to a fine of not less than ten dollars nor more than one hundred dollars. 804. Undue Punishment of Pupils. Any teacher who shall maltreat or abuse any pupil by ad- ministering any undue or severe punishment shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be fined in any sum not exceeding one hundred dollars. 805. Dismissal. Appeal. In the case of the dismissal of any teacher before the ex- piration of any written contract entered into between such teacher and board of trustees for alleged immorality, unfit- ness, incompetence or violation of rules, the teacher may appeal to the county superintendent; and if the superintend- ent decides that the removal was made without good cause, e teacher so removed must be reinstated, and shall be en- . 62 STATE OF MONTANA titled to compensation for the time lost during the pending of the appeal. 806. Suspension of Teachers' Certificates. Should any teacher employed by the board of school trus- tees for a specified time, leave the school before the expira- tion of such time, without the consent of the trustees in writing, said teacher shall be guilty of unprofessional con- duct, and the county superintendent may, upon receiving notice of such fact, suspend the certificate of such teacher for the period of six months. Should such teacher be the holder of a state certificate or life diploma the county super- intendent shall report the delinquency of the teacher to the superintendent of public instruction, who may suspend said diploma for the period of one year. 807. School Month. Legal Holidays. In every contract between any teacher and board of trus- tees, a school month shall be construed as twenty school days, or four weeks of five days each, and no teacher shall be re- quired to teach school on a legal holiday, and no deduction from the teachers' time or wages shall be made by reason of the fact that a school day happens to be a legal holiday. Any contract made in violation of this section shall have no force or effect as against the teacher. CHAPTER IX. County Examinations and Certificates. 900. Examination of Teachers. The county board of edu- cational examiners shall hold public examinations of all per- sons over eighteen years of age offering themselves as can- didates for teachers of public schools, at the county seat, on the last Thursday and Friday of February, April, August and October of each year, and, when necessary, such examinations may be continued on the following day, at which time the board shall examine such candidates by a series of written or printed questions, according to rules prescribed by the state superintendent of public instruction. The questions prepared by the state superintendent of public instruction when received by the county superintendent shall not be opened or the seal thereof broken until the day of examina- tion and then in the presence of the applicants. And the county superintendent is prohibted from furnishing or giving to any person or persons any information concerning the GENERAL SCHOOL LAW 63 questions prepared by the state superintendent. If the per- centage of correct answers is not less than 70% in any one branch with a general average of 80%, and other evidence disclosed by the examination including particularly the board's knowledge and information of the candidate's scholar- ship and successful experience, indicates that the applicant is a person of good moral character and possesses ability to manage, and fitness to teach in the public schools of the state the various branches required by law, said board shall grant to such applicant a certificate of qualification, provided that no certificate shall be granted to any person who is not a citizen of the United States or who has not declared his in- tention to become a citizen. If the attendance upon any examination of teachers at the county seat shall work a great hardship to any teacher in the county, the county superintendent, upon the approval of the state superintendent, may provide for such teachers to take the examination at some convenient place, and the county superintendent may appoint some suitable person *to conduct such examination, under the rules and regulations prescribed by the state superintendent of public instruction. 901. County Board of Educational Examiners. In each county there shall be a board of county examiners composed of the county superintendent of schools who shall be ex-officio chairman of the board, and two competent per- sons to be appointed by the board of county commissioners, who at the time of their appointment shall be residents of the county and shall have been actively engaged in teaching for a period of at least eighteen months. Two members of this board shall constitute a quorum for the transaction of business. If vacancies occur in these positions during the terms for which their incumbents were appointed, their suc- cessors shall be appointed to serve during their unexpired terms only. Upon the expiration of the regular terms of either of these examiners his successor shall be appointed to serve for two years. 902. Qualifications of County Board of Educational Ex- aminers. Such examiners at the time of their appointment must be holders of Montana professional county certificates, or state certificates, or life diplomas, or diplomas from the State University, State Normal College, or State College of griculture and Mechanic Arts, or holders of diplomas as . 64 STATE OF MONTANA graduates from some reputable university, college or normal school other than those of Montana. These examiners shall qualify for their positions in the same form and manner re- quired for the qualification of all county superintendents. 903. Duties of County Board of Educational Examiners. The duties of these two examiners shall be to act jointly and equally with the county superintendent in the matter of conducting the examination of teachers and in the marking and grading of papers submitted to them as the results of the examination. This board of examiners shall also conduct all eighth grade examinations in their respective counties when requested to do so by the state board of education under their rules and regulations; and it shall be empowered to grant eighth grade diplomas or common school certificates to all examinees successfully passing such examination. 904. Compensation of Board of Examiners. The compen- sation of these examiners shall be their actual traveling ex- penses from their residences to and from the county seat or other point in the county where the examinations are held, and such further compensation per diem as the board of county commissioners may deem just and sufficient for their services, basing such compensation upon the actual quantity of work performed by them and the actual time required to perform it. 905. CERTIFICATES. 1. Kinds. (a) Second Grade. To secure a second grade certificate, no experience is required. Applicants for this grade must present evidence of good moral character and physical health and shall pass an examination in the following branches, or such additional branches as may hereafter be prescribed by the State Bord of Education; reading, writing, arithmetic, spelling, grammar, geography, physiology and hygiene, United States history, civics, (state and federal), and theory and practice of teaching. This certificate shall be valid for a period of eighteen months, and on being endorsed and regis- tered in the office of the county superintendent, shall be valid in any county in the state. (b) First Grade. To secure a first certificate, the appli- cant must present evidence of good moral character and physical health, must have had twelve months' successful ex- GENERAL SCHOOL LAW 65 perience as a teacher, and must in addition to the branches required for a second grade certificate, take an examination in American literature, physical geography, elementary alge- bra through quadratics, and school management or such other branches as may be prescribed by the State Board of Educa- tion. This certificate shall be issued for a period of three years and shall be valid in any county on being endorsed and registered in the office of the county superintendent. (c) Professional. To secure a professional certificate the applicant must present evidence of good moral character and physical health, must have had at least eighteen months' successful experience as a teacher, and in addition to the branches required for a first grade certificate, must pass an examination in physics, plane geometry and elementary psychology. This certificate shall be issued for a period of four years and shall be valid in any county on being endorsed and registered in the office of the county superintendent of schools. (d) Temporary Certificate. The county superintendent may grant a temporary certificate to teach until next regular examination to any person applying at any other time than at a regular examination, and who has previously held a valid certificate to teach, but such temporary certificate shall not be granted more than once to the same person ; provide, that when it is impossible because of sickness or other valid rea- sons for such teacher to attend the next regular examination, such teacher shall certify the facts to the county board of educational examiners, and this board may issue a second permit valid until the next regular examination, provided, further, that when a teacher shows special fitness to teach and passes at the examination 70% or above in all subjects, but fails to make an average of 80%, or secures an average of 80% for all branches, but fails to make 70% in one or two branches, such teacher may, at the discretion of the county board of educational examiners, be issued a permit to teach until the next regular examination; and at such examination no teacher shall be required to be examined in any branch in which she has obtained a grade of 80%. Such a permit shall not be issued to any teacher more than once. (e) Special Certificates. Upon the request of any board of school district trustees, or its representatives or any county superintendent of schools, a special certificate valid only in 66 STATE OF MONTANA the district requesting the same, may be granted by the state superintendent of public instruction, in music, drawing, elocution, physical culture, penmanship, manual training, domestic science, agriculture, commercial and kin* dred subjects, first three primary and kindergarten grades to any teacher who presents satisfactory evidence of special proficiency for teaching any of the above subjects, as shown by any certificate and credentials held by such teacher, on the payment of one ($1.00) dollar into the county institute fund; provided, that such special certificate shall be valid only for one year and shall entitle the holder to teach only such special subjects as are stated in said certificates; pro- vided, that all certificates or diplomas before they shall be valid in any county must be registered in the office of the county superintendent within ten days after the term of ser- vice of any teacher begins ; and not more than ten days' salary shall be paid any teacher for services rendered previous to the registration of such certificate or diploma and provided that such special certificates shall be referred to the State Board of Education for further approval. 2. Fees for Certificates. Every applicant for a county certificate shall pay one dollar to the county superintendent, which shall be used by him in the support of teachers' insti- tutes in the county. 3. Re-canvass of Papers on Appeal. Any candidate think- ing an injustice has been done, by paying a fee of two dollars into the institute fund of the county and by notifying both county and state superintendent of the same, shall have his papers re-examined by the state superintendent of public instruction. The county superintendent shall upon receipt of such notice from said complaining candidate, transfer said papers to the state superintendent of public instruction, who shall re-examine the same and if the answers warrant it, shall instruct the county board of educational examiners to issue to such complaining candidate a county certificate of proper grade, and the county superintenedent shall carry out such instruction and return the appeal fee of two dollars to the teacher. 4. Revocation of Certificates. The county superintendent is authorized and required to revoke and annul, at any time, any county certificate granted by any board of educational examiners for any cause which would have authorized or re- GENERAL SCHOOL LAW 67 quired the board to refuse to grant it if known at the time it was granted, and for incompetency, immorality, intemper- ance, physical inability, crime against the stafe law, refusal to perform his duty or general neglect of the business of the school. The revocation of the certificate shall terminate the employment of such teacher in the school in which he may at the time be employed, but the teacher must be paid up to the time of receiving notice of such revocation. 906. Renewals. Before the expiration of any professional or first grade certificate, such certificate shall be renewed by the county board of educational examiners, upon the proper fee being paid into the institute fund, as provided for in the case of examination; provided, that no professional or first grade certificate shall be renewed unless the applicant has taught successfully, as shown by two or more testimonials, at least, twelve months during the life of such certificate. Said professional or first grade certificate shall be renewed by any county board of educational examiners by endorsement thereon. 907. Higher Grade Certificate How Secured. Whenever application is made by a holder of an unexpired first grade or second grade county certificate for examination for any higher grade county certificate, and it shall be made to appear to any board of educational examiners that such applicant has been engaged in teaching successfully, as shown by two or more testimonials, in any of the public schools of the state for a period of twelve months or more, the said applicant shall be entitled to be credited on such higher certificate in all sub- jects in which he has received 80% or above, as shown on the said unexpired certificate, and shall not be required to be ex- amined in any studies except the additional ones prescribed for such certificates and such other studies in which he may not have secured 80% on his unexpired certificate. 908. Normal School Credits Acknowledged. Any appli- cant for any grade of county certificate who has completed at the Montana State Normal College any branch for such certificate, shall upon filing with the county board of educa- tional examiners a statement from the president of said Normal College to that effect, have such grade credited with- out examination on such certificate. 909. Existing Certificates Validated. Any person now holding a professional grade certificate, a first grade certifi- 68 STATE OF MONTANA cate, a second grade certificate, or a third grade certificate shall be permitted to teach thereunder during the life of such certificate ; and any person now holding a professional or first grade certificate may have the same renewed by the county superintendent upon the proper fee being paid into the insti- tute fund as provided for in the case of examination; pro- vided, that there shall be no limit to the possible number of such renewals. No such certificate shall be renewed unless the applicant has taught at least ten months during the life of such certificate. Whenever application is made by any person now holding an unexpired first grade, second grade, or third grade Montana certificate for examination for any higher grade certificate provided for in this Act, and it shall be made to appear to the county superintendent that such applicant has been engaged in teaching in any of the public schools of the state for a period of one year or more, said applicant shall be entitled to be credited with the per- centage on his last examination for said first, second, or third grade certificate, as the case may be, and shall not be required to be examined in any studies except the additional ones prescribed for such certificate and such other studies as the applicant may not have secured the required percent- age on^ previous examination; provided, that to excuse any person now holding a certificate from taking the examination upon any branch of any grade, he or she must have secured upon such branch, at his or her last previous examination at least 80%. 910. Principals' and High School Teachers' Certificates. No person shall be employed as a teacher in a high school or as the principal teacher of a school of more than three departments who is not the holder of a professional county certificate or a Montana state or life certificate, or who is not a graduate of some reputable university, college, or normal school recognized by the State Board of Education. CHAPTER X. Teachers' Institutes and Summer Schools. 1000. Teachers Institutes to Be Held Yearly. The county superintendent in every county must hold one teachers' insti- tute in each year, at the county seat, except as hereinafter provided, and every teacher employed in a public school in the county must attend the institute and participate in its GENERAL SCHOOL LAW 69 proceedings except as hereinafter provided; provided, that whenever the state superintendent and two or more county superintendents deem it advisable, a joint institute consisting of the teachers of two or more counties, may be held at any convenient place within such counties to be selected and agreed upon by their superintendents. 1001. Length of Session. Each session of the institute must continue not less than four nor more than ten days. 1002. Institute Instructors. The instructors for the county institutes and summer schools shall be selected by the county superintendent from a list recommended upon the approval of the State Board of Education by the state super- intendent. No instructor shall receive any compensation un- less he is the holder of an institute instructor's license issued by the state board of education. 1003. Teachers Must Attend. The county superintendent shall confer with the state superintendent, and on his ap- proval, appoint a time for holding the teachers' institute in his county. It shall be his duty to give written notice of the time and place in his county, and to all the teachers of the county, at least thirty days before the opening of such in- stitute. It shall be the duty of all boards of school trustees through their clerks, to notify each and all of the teachers within their districts of the time and place of holding the institute and to direct each and all of their teachers to close their several schools for the purpose of attending the insti- tute. Each and every teacher engaged in teaching a term of school in any district during the time of the institute shall close his school during such time and shall attend the in- stitute and take active part in the same except as herein- after provided, without loss of salary for the actual time spent in attending the institute and for the actual time spent in going to and returning from the same. The county super- intendent shall in all cases keep and preserve a record of the actual time spent by each teacher of his county at the insti- tute and shall furnish both to each teacher and to his board of school trustees a certificate of the time spent by said teach- ers at the institute. Wilful failure on the part of any teacher to attend the institute, except as hereinafter provided, shall be considered sufficient cause for the revocation of such teacher's certificate by the county superintendent; provided, however, that the county superintendent may, in his discre- 70 STATE OF MONTANA tion, excuse any teacher from attending the institute who could not attend same without great and excessive incon- venience, cost, expense, and loss of time. Willful failure on the part of the board of school trustees of any school district to close their schools, during the time of the holding of the institute as herein required, shall be considered sufficient cause for withholding the public moneys to which such dis- trict would otherwise be entitled; provided, however, that, in the case of boards of school trustees as in the case of teach- ers the great distance of any school district from the place of holding the institute, excessive loss of time, inconvenience, and cost shall be considered good grounds on which the county superintendent, under authority and direction from the state superintendent, may excuse any board of school trustees from closing their school at such times and from observing the above requirements. 1004. High School Teachers Exempt. All high school teachers are hereby exempt from the requirements of this chapter. 1005. Institute and Summer School Fund. For the pur- pose of defraying the expenses of the institute there shall be a fund created as follows: 1. All moneys received from the issuance of teachers* cer- tificates by the county superintendent. 2. Moneys received from appropriations by boards of county commissioners; and every board of county commis- sioners in each county in which a teachers' institute or sum- mer school may be held is hereby authorized and directed to appropriate for said fund as follows : Counties of the first class not less than $250 nor more than $450. Counties of the second class not less than $250 nor more than $400. Counties of the third, fourth, fifth and sixth classes not less than $200 nor more than $350. Coun- ties of the seventh and eighth classes, not less than $150 nor more than $300. 1006. Summer Schools. 1. In any county or counties of the state the county su- perintendent or superintendents by mutual agreement of such superintendents, acting with the advice and consent of the state superintendent, may hold a summer school for teachers not less than three weeks in length for such county or coun- GENERAL SCHOOL LAW 71 ties in lieu of an institute or institutes for such year and the boards of county commissioners of each county shall appro- priate for such summer school support in like sum as is here- inbefore provided for in the case of teachers' institutes. 2. It shall be the duty of the state superintendent to pre- pare and prescribe a course of study for use in such summer schools. 3. Students of summer schools may have such work as is satisfactorily done credited on their certificates. Any teacher presenting a certificate of attendance on any summer school within or without the state approved by the county superin- tendant may be excused from institute attendance within the county where he may be teaching. 1007. Expenses of Institutes and Summer Schools. The county superintendent must keep an accurate account of the actual expenses of summer schools or institutes, with vouch- ers for the same, and present the bill to the county commis- sioners, who shall allow the same ; provided, that such amount shall not exceed the sum specified as hereinbefore provided. CHAPTER XL Compulsory Attendance. 1100. Compulsory Attendance. Excuses. All parents, guardians, and other persons who have care of children, shall instruct them, or cause them to be instructed in reading, spelling, writing, language, English grammar, geography, history and civics, physiology and hygiene and arithmetic. Every parent, guardian or other person having charge of any child between the ages of eight and fourteen years shall send such child to a public, private, or parochial school, for the full time that the school attended is in session, which shall in no case be less than sixteen weeks during any current year, and said attendance shall begin within the first week of the school term, unless the child is excused from such attendance by the superintendent of the public schools, in city and other districts having such superintendent, or by the clerk of the board of trustees in districts not having such superintedent, or by the principal of the private, or parochial school, upon satisfactory showing, either that the bodily or mental condi- tion of the child does not permit of its attendance at school, or that the child is being instructed at home by a person qualified, in the opinion of the superintendent of schools in 72 STATE OF MONTANA city or other districts having such superintendent, or the clerk of the board of trustees in districts not having such superintendent, to teach the branches named in this section; provided, that the county superintendent may excuse children from attendance upon such schools where in his judgment the distance makes such attendance an undue hardship. In case the county superintendent, city superintendent, principal or clerk refuses to excuse a child from attendance at school, an appeal may be taken from such decision to the district court of the county, upon giving a bond, within ten days after such refusal, to the approval of said court, to pay all costs of the appeal, and the decision of the district court in the matter shall be final. All children between the ages of fourteen and sixteen years, not engaged in some regular employment, shall attend school for the full term during which the school of the district in which they reside are in session during the school year, unless excused for the reason above named. Any par- ent, guardian or other person having the care of or custody of a child between the ages of eight and fourteen years, who shall fail to comply with the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five dollars nor more than twenty dollars. 1101. Employment of Children Under Fourteen Prohibited. No child under fourteen years of age shall be employed or be in the employment of any person, company or corporation during the school term and while the public schools are in session, unless such child shall present to such person, com- pany or corporation an age and schooling certificate herein provided for. An age and schooling certificate shall be ap- proved by the superintendent of schools or by a person au- thorized by him, in city or other districts having such super- intendent, or by the clerk of the board of trustees in dis- tricts not having such superintendent, upon a satisfactory proof of the age of such minor and that he has successfully completed the studies enumerated in Section 1100 of this chapter ; or if between the ages of fourteen and sixteen years, a knowledge of his or her ability to read intelligently and write legibly the English language. The age and schooling certificate shall be formulated by the superintendent of pub- lic instruction and the same furnished, in blank, by the clerk of the board of trustees. Every person, company, or corpora- GENERAL SCHOOL LAW 73 tion employing any child under sixteen years of age, shall exact the age and schooling certificate prescribed in this sec- tion, as a condition of employment and shall keep the same on file, and shall upon the request of the truant officer here- inafter provided for, permit him to examine such age and schooling certificate. Any person, company or corporation, employing any minor contrary to the provisions of this chap- ter shall be fined not less than twenty-five nor more than fifty dollars for each and every offense. 1102. Employment of Children Between Fourteen and Sixteen. All minors over the age of fourteen and under the age of sixteen years, who cannot read and write the English language shall be required to attend school as provided in Section 1100 of this chapter, and all provisions of said sec- tion shall apply to said minors; provided, that such attend- ance shall not be required of such minors after they have secured a certificate from the superintendent of schools in districts having superintendents, or the clerk of the board of trustees in districts not having superintendents, that they can read, and write the English language. No person, com- pany, or corporation, shall employ any such minor during the time schools are in session, or having such minor in their employ shall immediately cease such employment, upon notice from the truant officer who is hereinafter provided. Every person, company or corporation violating the provisions of this section, shall be fined not less than twenty-five nor more than fifty dollars for each and every offense. 1103. Truant Officers. Powers and Duties. To aid in the enforcement of this Act, truant officers shall be appointed and employed as follows : In districts of the first and second classes the board of trustees shall appoint and employ one or more truant officers ; in districts of the third class, the trus- tees shall appoint if they deem it advisable, a constable or other person as truant officer; in districts not appointing a truant officer, it shall be the duty of the county superintend- ent to act as truant officer. The compensation of the truant officer shall be fixed and paid by the board appointing him. The truant officer shall be vested with police powers, the au- thority to serve warrants, and have authority to enter work- shops, factories, stores, and all other places where children may be employed, and do whatever may be necessary, in the way of investigation or otherwise to enforce the provisions 74 STATE OF MONTANA of this chapter ; he is also authorized and it shall be his duty to take into custody the person of any youth between eight and fourteen years of age, or between fourteen and sixteen years of age when not regularly employed or when unable to read and write the English language, who is not attending school, and shall conduct said youth to the school he has been attending, or which he should rightfully attend. The truant officer shall institute proceedings against any officer, parent, guardian, person, or corporation, violating any provisions of this chapter and perform such other services as the super- intendent of schools or the board of trustees may deem neces- sary to preserve the morals and secure the good conduct of school children and to enforce the provisions of this chapter. The truant officer shall keep a record of his transactions for the inspection and information of the superintendent of the schools and the board of trustees; and he shall make daily reports to the superintendent of schools during the school term in districts having superintendents, and to the clerk of the board of trustees in districts not having superintendents as often as required by him. Suitable blanks for the use of the truant officer shall be provided by the clerk of the board of trustees. 1104. Duties of Principals. Teachers and Clerks. It shall be the duty of all principals, and teachers of all schools, pub- lic, private and parochial, to report to the clerk of the board of trustees of the district in which the schools are situated, the names, ages, and residence of all pupils in attendance at their schools, together with such other facts as said clerk may require, in order to facilitate the carrying out of the pro- visions of this chapter and the clerk shall furnish blanks for such purpose, and such report shall be made during the last week of each month from September to June inclusive, of each year. It shall be the further duty of such principals and teachers to report to the truant officer, the superintendent of public schools, or the clerk of the board of trustees, as the case may be, all cases of truancy or incorrigibility in their re- spective schools as soon after these offenses have been com- mitted, as practicable. 1105. Prosecution of Truants. On request of the superin- tendent of schools, or the board of trustees, or when it other- wise comes to his notice, the truant officer shall examine into any case of truancy or non-attendance within his district, and GENERAL SCHOOL LAW 75 warn said truant or non-attendant and his parent, guardian, or other person in charge, in writing, of the final consequence of truancy or non-attendance if persisted in. When any child between the ages of eight and fourteen years or any child between the ages of fourteen and sixteen years who cannot read and write the English language, or who is not regularly employed, is not attending school in violation of the provisions of this chapter the truant officer shall notify the parent, guardian or other person in charge of such child, of the fact, and require such parent, guardian or other person in charge, to cause the child to attend some recognized school within two days from the date of the notice ; and it shall be the duty of the parent, guardian, or other person in charge of the child, so to cause its attendance at some recognized school. Upon failure to do so the truant officer shall make complaint against the parent, guardian or other person in charge of the child in any court of competent jurisdiction in the district in which the offense occurs, for such failure, and upon such con- viction, the parent, guardian, or other person in charge shall be fined not less than five dollars, nor more than twenty dol- lars, or the court may in its discretion, require the person so convicted to give bond in the penal sum of one hundred dol- lars, with sureties, to the approval of the court, conditioned that he or she will cause the child under his or her charge to attend some recognized school within two days thereafter and to remain at such school during the term prescribed by law; and upon the failure or refusal of any parent, guardian, or other person to pay said fine and costs or furnish said bond according to the order of the court, then said parent, guardian or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days. 1106. Juvenile Disorderly Persons. Every child between the ages of eight and fourteen years and every child between the ages of fourteen and sixteen years unable to read and write the English language, or not engaged in some regular employment and who is an habitual truant from school, or who absents itself habitually from school, or who while in at- tendance at any public, private, or parochial school, is in- corrigible, vicious, or immoral, in conduct, or who habitually wanders about the streets and public places during school hours, having no business or lawful occupation, shall be J 76 STATE OF MONTANA deemed a juvenile disorderly person and be suject to the pro- vision of this chapter. 1107. Commitment to Industrial School. If the parent, guardian, or other person in charge of any child, shall upon the complaint under the last section for a failure to cause the child to attend a recognized school, prove inability to do so, then he or she shall be discharged and thereupon the truant officer shall make complaint that the child is a juvenile disorderly person within the meaning of Section 1106 of this chapter. If such complaint is made before any mayor, justice of the peace or police judge, it shall be certi- fied by such magistrate to the district court in and for the county in which the child resides or to a judge of said district court. The district court or the judge thereof to whom the same is certified shall hear such complaint and if it be de- termined that the child is a juvenile disorderly person within the meaning of Section 1106 of this chapter, the said child shall be committed by the said court, or the judge thereof to whom the complaint was certified, to the industrial school hereinafter provided for, where he shall be subject to all rules and regulations of said industrial school; provided, further, that if for any cause the parent, guardian, or other person in charge of any juvenile disorderly person as defined in Section 1106 of this chapter shall fail to cause such juvenile disor- derly person to attend school, then complaint against such juvenile disorderly person shall be made, heard and determined in like manner as provided in case the parent proves inability to cause such juvenile disorderly person to attend school. 1108. Pauper Children. When any truant officer is satis- fied that any child, compelled to attend school by the pro- visions of this chapter is unable to attend school because ab- solutely required to work, at home or elsewhere, in order to support itself or help support, or care for others legally enti- tled to its services, who are unable to support or care for themselves, or who are unable to attend school because of some physical ailment, the truant officer shall report the case to the authorities charged with the relief of the poor, and it shall be the duty of said officers to afford such relief as will enable the child to attend school the time each year required under the provisions of this chapter. Such child shall not be considered or declared a pauper by reason of the acceptance of the relief herein provided for. In case the child or its GENERAL SCHOOL LAW 77 parents or guardians, refuses or neglects to take advantage of the provisions thus made for its instruction, such child may be committed to the industrial school hereinafter provided for. In all cases where relief, including books, medical aid and clothing, is necessary it shall be the duty of the board of trustees to furnish such aid free of charge and said board of trustees may furnish any further relief it may deem neces- sary, the expense incident to furnishing said books, medical aid, clothing and further relief to be paid from the general fund of the school district. CHAPTER XII. School Libraries. 1200. Library Fund. A library fund is hereby created, and the board of school trustees must expend the library fund together with such moneys as may be added thereto by donation, in the purchase of books for a school library, includ- ing books for supplementary work; provided,, that in school districts in which a free public library is maintained such library fund may, in the discretion of the board of trustees, be used for the payment of the current expenses for mainten- ance of the schools. 1201. Districts of Third Class. -In districts of the third class, the library fund shall consist of not less than five nor more than ten per cent of the county school fund annually apportioned to the district; provided, that if such ten per cent exceed fifty dollars, fifty dollars only shall be appor- tioned to the district. 1202. Districts of the First and Second Classes. In dis- tricts of the first and second classes the library fund shall consist of a sum not to exceed fifty dollars for every five hun- dred children or major fraction thereof, between the ages of six and twenty-one years, annually taken from the general school fund of the county apportioned to such district. 1203. Location and Control of Libraries. The library shall be under the control of the board of trustees and must be kept, when practicable, in the school house, and shall be for the use of the pupils and all residents of the district. 1204. Rules. Reports. The trustees shall be held ac- countable for the proper care and preservation of the library, and shall make all needful rules and regulations not provided for by the superintendent of public instruction, and not incon- 78 STATE OF MONTANA sistent therewith; and they shall report annually to the county superintendent all library statistics which may be re- quired by the blanks furnished for the purpose by of the superintendent of public instruction. 1205. Selection of Books. All books shall be selected by the county superintendent and school trustees, acting to- gether, from lists approved by the superintendent of public instruction. It shall be the duty of the county superintendent in his visits to inspect the library and to make such sugges- tions regarding its use and care as he may deem advisable. It shall be the duty of the superintendent of public instruc- tion to formulate rules and regulations for the school libraries and furnish to the county superintendent from time to time such instruction and information as will make the use of the library most effective. CHAPTER XIII. Legal Holidays. 1300. No school shall be in session on a legal holiday. The days which shall be recognized as legal holidays are La- bor Day (the first Monday in September), Columbus Day (Oc- tober 12), State and National Election Day, Thanksgiving Day, Christmas Day, New Years Day, Lincoln's Birthday (February 12), Washington's Birthday (February 22), Memorial Day (May 30), Independence Day (July 4)) and other days that may hereafter be designated as legal holidays by the legislature or governor. CHAPTER XIV. Special Days Not Holidays. 1400. Pioneer Day. 1. Date Of. The first Monday of November of each year shall be designated and known as Pioneer Day in the State of Montana. 2. Exercises in Public Schools. On said Pioneer Day in the public schools the afternoon thereof shall be devoted to the study and discussion of pioneers and pioneer history of the region and country now comprising the State of Mon- tana. 3. Pioneer Medal. The state board of education is hereby authorized to award annually its pioneer medal to the student of the public schools or state institutions who shall on said GENERAL SCHOOL LAW 79 day deliver the best essay on such subject of pioneer history, having regard to historical research and literary merit. 4. Copies of Essays to Be Deposited With State Historical Library. Copies of such essays shall be filed by the said state board of education with the librarian of the historical and miscellaneous department of the state library. 5. Courses of Exercises. The superintendent of public in- struction shall have power and it shall be its duty to prescribe from year to year a suitable course of exercises to be observed in the public schools of the state on Pioneer Day. 1401. Tree Planting. 1. Date Of. The second Tuesday of May in each year shall be known throughout the State of Montana as Arbor Day. 2. Arbor Day Exercises. In order that the children in our public schools shall assist in the work of adorning the school grounds with trees, and to stimulate the minds of the children toward the benefit of preservation and perpetuation of our forests and the growing of timber, it shall be the duty of the authorities in every public school district in the state to assemble the childen in their charge on the above day in the school building or elsewhere, as they may deem proper, and to provide for and conduct under the general supervision of the city superintendent, county superintendent, teachers and trustees or other school authorities having the general charge and oversight of the public schools in each city or district, to have and hold such exercises as shall tend to en- courage the planting, preservation and protection of trees and shrubs, and an acquaintance with the best methods to be adopted to accomplish such results. 3. Course of Exercise. The superintendent of public in- struction shall have power to prescribe from year to year a course of exercises and instruction in the subject hereinbefore mentioned, which shall be adopted and observed by the said public school authorities on Arbor Day. CHAPTER XV. City Superintendent of Schools. 1500. City Superintendent of Schools. In districts of the first and second class the board of trustees of such districts may appoint a superintendent of schools of the district. He shall be appointed for such term, not exceeding three years, 80 STATE OF MONTANA as the board may deem proper and be paid such salary from the general school fund as is fixed by the board of trustees; provided, that after his second successive employment he shall be deemed elected from term to term of three years each thereafter, unless the board of trustees shall by a majority of the votes of its members give notice to such superintendent on or before the first of February of the last year of the term of his employment that his services will not be required for the ensuing term. 1501. Qualifications. The person appointed to such posi- tion shall be a holder of a state certificate, of the highest grade, issued in some state, or a graduate of some reputable university, college or normal school, and shall have taught in public schools at least five years. 1502. Duties. The superintendent shall have supervision of the schools of the district under the supervision of board of trustees. He shall be the executive officer of the board and shall perform such duties as the board of trustees may prescribe. 1503. Certain Employment Prohibited. No city superin- tendent shall engage in any work that will conflict with his duties as superintendent. CHAPTER XVI. School House Sites. 1600. Whenever, in the judgment of the board of trustees of any school district of the third class, it is desirable to se- lect, purchase, exchange or sell a school house site, or when- ever petitioned so to do by one-third of the voters of such district, the district board, shall without delay call a meeting at some convenient time and place fixed by the board, to vote upon such question of selection, purchase, exchange or sale of school house site. Such election shall be conducted and votes canvassed in the same manner as at the annual election of school officers. Three notices giving the time, place, and pur- pose of such meeting shall be posted in three public places in the district by the clerk at least ten days prior to such meet- ing. If a majority of the voters present at such meeting shall by vote decide to select, purchase, exchange or sell the school house site, the board shall carry out the will of the voters thus expressed; provided, that it shall require the concurrence of a majority of the voters of the district to GENERAL SCHOOL LAW 81 order the change of a school house site, and any sites so changed cannot again be changed within three years from the date of such action. The school site shall be selected in a place that is con- venient, accessible, suitable, and well drained, provided that in districts of the first and second class the site shall be not less than one-half of an average city block, and in districts of the third class shall contain not less than one acre. The State Board of Land Commissioners shall have authority to sell to any school district at the appraised value or to lease for any period of time less than ninety-nine years, at a rental of one dollar per year any tract of state land not exceeding ten acres, to be used for school house site. 1601. Architecture. No school house shall hereafter be erected, repaired, or enlarged in any school district of the state at an expense which shall exceed five hundred ($500.00) dollars, until the plans and specifications thereof shall have been submitted to the State Board of Health, and its approval endorsed thereon; provided, that districts of the second and third class shall also have the approval of the superintendent of public instruction. Such plans and specifications shall show in detail the ventilation, the heating and lighting of such building. 1602. Floor Space. Air. Light. The board of health shall not approve plans for the erection of any school building or addition thereto or remodeling thereof, unless the same shall provide, (a) at least fifteen square feet of floor space and two hundred cubic feet of air space for each pupil to be accommodated in each study or recitation room therein; (b) at least thirty cubic feet of pure air per minute per pupil shall be furnished by a satisfactory ventilating system, which should also provide means for exhausting the foul or vitiating air from the room. The light shall come from the left or from the left and rear of each school room, and the window space shall be not less than one-seventh of the floor space of each room. 1603. Penalties. The county treasurer shall not make any payments on any contract arising under the provisions of this chapter until the contractor furnishes a certified statement signed by the State Board of Health that the plans and speci- fications of the school building to be erected or remodeled have been fully approved by the State Board of Health. 82 STATE OF MONTANA 1604. Suggestive Plans. It shall be the duty of the State Board of Health to furnish to all districts of the third class suggestive plans for school buildings to be erected in con- formity with the above rules. 1605. Vestibules. No one and two-room school houses shall be erected without a vestibule of reasonable size. 1606. Care of School Houses. It shall be the duty of boards of trustees in districts of the third class to require that the school room or rooms shall be thoroughly scrubbed and cleaned, including the floors, interior wood work and windows, at least once every three months. 1607. Water Supply and Toilet Accommodations. The board of trustees shall furnish such water supply and toilet accommodations as shall be approved by the State Board of Health. CHAPTER XVII. Industrial Education. 1700. Provisions. 1. Elementary manual and industrial training which shall include industrial art may form a part of the required course of study in all grades of the public schools of the State of Montana. The superintendent of public instruction shall formulate a course of study, or he may approve courses of study formulated by local school officials, which meet the re- quirements of this section. The clerk of each school district in his annual report to the county superintendent shall state whether the above provisions have been complied with within the schools of his district. 2. All school districts having a population of more than five thousand shall, and districts of less population may, main- tain at least one manual training school suitably equipped and designated to furnish manual and industrial instruction to pupils who are above the fifth grade. Said schools shall furnish instruction in elementary wood, metal and textile work; in mechanical and industrial drawing; and in com- munities where applicable in agriculture, mineralogy, and technical mining ; and for girls above the first grade, instruc- tion in household management, decoration and economics, and in needlework. They shall also include instruction in indus- trial history and geography ; and in the industrial materials ; processes, and products with special reference to the indus- trial pursuits of the communities in which they are situated. GENERAL SCHOOL LAW 83 The courses to be presented in these schools shall provide: 1. A general culture, intelligence and skill for those pupils whose school attendance will end with the elementary or secondary grades; and 2. A progressive development designed to prepare directly for efficient work in the related technical and scientific courses of the higher institutions of learning. The courses shall be modified to meet in the largest meas- ure the needs of each class of pupils. Nothing in this section shall be understood as forbidding any school from using other materials than those herein specified nor as preventing a different assignment of work by grades, provided that all coures shall have the approval of the state board of education. Teachers of such schools shall have had special preparation for such instruction and shall be holders of special manual training teachers' certificates, which the superintendent of public instruction is hereby empowered to grant, when satis- fied that the applicant has received a sufficient general educa- tion and the professional and technical preparation necessary for such manual and industrial training. 3. In all school districts having a population of over ten thousand, there shall be, and in school districts of less popu- lation, there may be maintained schools of special courses in connection with manual training, or city or county high schools, designed to furnish a direct vocational training, in- cluding training in agricultural pursuits and mining for which there shall be a local demand. Classes shall be formed when not less than twenty applicants desire instruction in any voca- tion. Pupils who have reached the age of twelve years and who have completed not less than the general school work assigned to the first five grades may be admitted to these courses upon such terms as the board of trustees of the dis- trict may prescribe ; pupils above the age of fourteen, together with adults may be admitted to evening classes, providing similar instruction upon such terms of admittance as the trustees may prescribe, provided that there shall in no case be any charge for tuition. Teachers of such classes shall be holders of special certificates issued by the superintendent of public instruction, specifying the subject or subjects which the holder is entitled to teach. Applicants for such certifi- cates must present satisfactory evidence not only of general 84 STATE OF MONTANA educational qualifications, but of special training and prac- tical experience in the vocations which they are to teach. 4. The trustees of any district are hereby empowered to use moneys from the general school fund of the district for the maintenance of manual and industrial schools and courses the same as for other school purposes; provided, that the state treasurer shall pay annually from any funds in his pos- session not otherwise appropriated ten ($10.00) dollars to each district for each person attending such manual and in- dustrial courses for a period of six months or more yearly; provided, further, that the state treasury shall likewise pay annually to any county high school which maintains a manual training department, from any funds in the state treasury, no't otherwise appropriated, the sum of ten ($10.00} dollars for each child or student attending the manual training de- partment in such county high school for a period of six months or longer yearly. Buildings and furnishing and equip- ment for manual and industrial training shall be provided in the same manner as now prescribed for the erection and fur- nishing of buildings for other school purposes. 5. To secure an efficient administration of this act the State Board of Education shall determine whether such manual and industrial schools and courses meet the pro- visions of the law. Such schools as do not meet the pro- visions of this Act shall not be entitled to state aid until all defects are remedied. CHAPTER XVIII. Text Books. 1800. Appointment of State Text Book Commission. The governor is hereby authorized to nominate and appoint a state text book commission consisting of seven members, five of whom shall be persons actively engaged in public school work of the state or in state educational institutions at the time of their appointment. The terms of the members of said commission shall be for a period of five years each. If a vacancy occurs during the terms of any of the members, of said commission by reason of death, resignation or other- wise, the governor shall make appointment to fill such va- cancy and the person so appointed shall hold office until the expiration of the term for which the person he succeeds was appointed. GENERAL SCHOOL LAW 85 1801. Organization of Commission. The commission at its meeting shall organize by taking the constitutional oath of office, which oath shall be filed in the office of the secretary of state ; electing from among the members a president and secretary and formulating rules for its government. Five members shall constitute a quorum for the transaction of all business. All votes cast for or against the adoption of any text books shall be recorded in the minutes of the commission, together with the names of those voting for or against such adoption; provided, that all meetings shall be open to the public and that said commission must make a full report to the governor not later than the first Monday in November next preceding any regular or spe- cial meeting of the legislature. 1802. Meetings of Commission. The state text book com- mission shall meet in the state capital in the city of Helena, on the third Monday in January, 1917, and every second year thereafter, and the president of said commission shall call a meeting thereof on the first Monday of October, 1916, and every second year thereafter for the purpose of considering in what subjects, if any, as hereinafter provided, text books shall be changed, and expiring contracts extended; provided, that changes shall not be made in the text books of more than three subjects at any meeting. He must also upon ten days' written notice to the members to be given by the secretary, call a meeting of the commission at any time to receive proposals and to enter into contracts with publishers for supplying text books whenever contracts* for certain books heretofore entered into become terminated by recission or otherwise cease to be in full force and effect, and to adopt additional supplementary books whenever it is deemed for the best interests of the schools of the state. Said text book commission may adjourn from day to day until it shall have made adoptions as provided for in this chapter. The session of said commission shall not continue beyond six actual days, and nothing herein contained shall be so con- strued as to have any reference to the provisions of this Act relating to school libraries. 1803. Contracts for Supplying Text Books. Beginning with November first, 1916, and every second year thereafter, the superintendent of public instruction shall, if any changes have been recommended, advertise for thirty days in two 86 STATE OF MONTANA daily newspapers in this state, giving notice that the text book commission will meet, as herein provided, and that they will receive sealed proposals up to twelve o'clock noon, of said third Monday in January next following, for supplying the State of Montana with such basal and supplementary text books as the commission have considered desirable to be changed, for use in all the public schools of said state, for a period of six years from and after the first day in September, 1917; and all contracts under this Act shall further provide that they may be extended after their expiration at the option of the commission, and at not to exceed the schedule of prices agreed upon therein; and the contracts in existence at the time of the passage of this Act may be extended after ex- piration for not to exceed four years, at the option of the commission, and at not to exceed the schedule or prices agreed upon therein. The commission shall make contracts for text books in the following branches, to-wit: Reading, spelling, writing, arithmetic, geography (elementary and advanced), language and grammar, physiology and hygiene, civil govern- ment (state and national), history of the United States (ele- mentary and advanced) Said commission are hereby empowered to adopt such other text books supplementary to the basal text books above referred to, as they may deem advisable. Said sealed proposals shall be addressed to the chairman of the state text book commission, Helena, Montana, and shall be indorsed "Sealed proposals for supplying text books for use in the State of Montana." Said proposals shall state the net whole- sale prices at which the publishers whose books may be adopted by the text book commission, will agree to deliver the same, F. 0. B. text book depositories in Montana, and to merchants or to school districts purchasing the same. They shall also state the introductory price without exchange, and the exchange price for new books adopted in exchange for the old books in the hands of the pupils, and for the new books in the hands of the districts or dealers, which may be displaced, grade for grade; provided that when pupils own their books they may exchange one of a lower grade for one of a higher ; and shall further state the retail price at which they will keep all the text books so adopted on sale uniformly in at least one place in each county throughout the state. Whenever any contract shall be terminated by fecission, or GENERAL SCHOOL LAW 87 shall otherwise cease to be in force and effect, the text book commission shall, within ten days after the termination of such contracts, advertise in the same manner and for the same length of time as elsewhere mentioned in this section for proposals to furnish text books on the same subject as those embraced within such contract for the same length of time, and bids shall be received in the same manner as herein- before provided. The publishers contracting and agreeing to supply text books for use in the State of Montana under the provisions of this Act, shall cause to be prepared a special map and special supplement descriptive of Montana for the geography adopted by said commission. They shall also cause to be prepared a special supplement for Montana for the civil government adopted, which supplement shall contain not less than one hundred pages. They shall further agree to main- tain the mechanical excellence of the books adopted by said commission fully equal to the samples submitted in binding, quality of paper, and other essential features. 1804. Selection of Text Books. It shall be the duty of said text book commission to meet at the time and place men- tioned in said notice and open sealed bids in the presence of a quorum of said commission, and in public, to select and adopt such text books, both basal and supplementary for use in all the public schools of this state. The text book so selected and adopted by said text book commission, shall be certified to by the chairman and secretary, and said certificate, with a copy of all the books named therein, shall be placed on file in the office of the superintendent of public instruction. Such certificate must contain a complete list of all books adopted by said commission, giving the wholesale, retail, introductory, and exchange prices for which each kind and grade will be furnished, as provided in the preceding section, and the name of the publishers contracting to furnish the same. The said books named in said certificate shall for such period as is pro- vided in the contract or extension thereof from and after the first day of September of the year in which they are adopted be used in all public schools of the state to the exclusion of all others. Provided, that nothing in any part of this act shall be so construed as to prevent the purchase or use by any district of any reference books for use in any of the schools of the state. 88 STATE OF MONTANA 1805. Contracts and Agreements. The said text book commission shall have power to make contracts and agree- ments for the use and supply of text books in the name of the state as they shall deem necessary for the best interest of the public schools of the state, and shall require of all publish- ers contracting and agreeing to furnish books adopted by the said text book commission, bonds equal in amount to one-half the value of the books to be furnished, conditioned that upon the failure on the part of such publishers to comply with the terms of such contracts or any part thereof, in any county of the state, upon notice being given as provided for herein, said bonds may by the governor of the State of Montana, be de- clared forfeited, and actions brought in the name of the state upon such bonds to recover the full amount named therein which amount shall be deemed to be fixed and liquidated damages for the breach of such contracts ; provided, that the text book commission may, at their discretion, reject any and all proposals if it be deemed by them to be to the interest of the state so to do, and they shall advertise for new pro- posals, stating the time when such new proposals will be re- ceived by them, not later, however, than thirty days from the rejection of the first proposals; provided, further, that the contract price of such books F. 0. B. depositories in Mon- tana, allowing difference for freight, shall not exceed the lowest wholesale price charged for the same books to any other state of the United States. 1806. Bond for Performance of Contracts. The contract with the publishers shall take effect only when the publishers of the books adopted by the said text book commission shall have filed with the secretary of state their bond, with at least two sufficient sureties, to be approved by the governor in such sum as shall be determined, by said text book commis- sion conditioned that they shall comply with the terms of their proposal to the state and such conditions as may be agreed upon between said text book commission and the publishers contracting with the state. 1807. Forfeiture of Contract for Non-Performance. In case the publishers of the books adopted by the said text book commission shall not on or before the fifteenth day of Feb- ruary, of the year in which the text books are to be adopted have filed with the secretary of state their bond as herein- before provided, on or before the fifteenth day of February GENERAL SCHOOL LAW 89 of said year, or in case they shall not on or before the fif- teenth day of June of said year have performed all the obliga- tions of their contracts with respect to the exchange and in- troduction of books and the preparation and supply of the special maps, and the special descriptive matter for the, geography so adopted, or the special supplement for the civil government, or in case they shall at any time thereafter vio- late or fail to perform any of the conditions specified in their bond as hereinbefore provided, and shall fail within reason- able time after due notice has been given by the governor to make good their guarantee in any respect in which they may have failed, then this adoption shall become null and void. The said text books adopted by the said text book commission under this Act upon compliance of the publishers of the conditions aforesaid shall continue in use for the period of not less than five years from the first day of September of the year above mentioned to the exclusion of all others except as herein otherwise provided. 1808. Price List of Books to Be Printed and Distributed. Whenever the publishers of the books adopted under the pro- visions of this bill, shall have filed their bonds as hereinbefore provided, it shall be the duty of the state superintendent of public instruction to cause all prices of the text books as guaranteed by the publishers to be properly printed and dis- tributed through the county superintendents to the trustees of all school districts in the state, who shall cause the same to be kept constantly posted in a conspicuous place in each school room in their districts, and it shall be the duty of the several county superintendents to keep themselves informed as to whether such prices are actually maintained by the said publishers, and at once notify the superintendent of public instruction of the violation of the contracts entered into by virtue of the authority contained in this Act, which may come to their knowledge, and it shall be the duty of the superin- tendent of public instruction to promptly communicate such information to the governor. 1809. Penalty for Using Other Than Selected Books. Any school officer, teacher or trustee, who shall use or provide for the use in the public schools of the state, text books other than those adopted by the said text book commission, except as herein otherwise provided, shall be deemed guilty of a mis- I 90 STATE OF MONTANA demeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. 1810. Annual Report as to the Use of Books. All county superintendents and all school officers are charged with the execution of this law, and the county school superintendent shall require the trustees of the several school districts or the clerks thereof, to report annually whether or not the author- ized text books are used in their schools. 1811. Election Upon Proposition to Supply Free Text- Books. Upon the petition of five legal voters of any school district other than in incorporated cities, and upon petition of one hundred legal voters in incorporated cities, towns, and villages, filed with the board of trustees or board of edu- cation, it shall be the duty of the board of trustees or board of education as the case may be, to notify the voters of such school district that an election "for" or "against" free text- books will be held at the next ensuing election for the mem- bers of the board of trustees or board of education, and the ballots to such effect shall be received and canvassed at such election, and if a majority of all votes cast in the district shall be found to be in favor of free text-books, it shall be the duty of the board of trustees or board of education, as the case may be, to purchase at the expense of such district all the text-books required for use of all pupils attending school in such school district, and said text-books shall be loaned to the pupils of said public schools, free of charge, subject to such rules and regulations, as to care and cus- tody, as the board of trustees or board of education shall pre- scribe; Provided, that the pupils may purchase at cost any of the text-books to be furnished, when desired by them. 1812. Special Levy to Provide Free Text-Books. That for the purpose of raising money to pay for school books, which may be furnished to the pupils free of charge by any dis- trict adopting free text-books, a special levy upon the tax- able property of such district, shall be made by the county commissioners of the district, if the money received from the general fund from the district be insufficient, and said levy shall be made within thirty days from and after the adoption of said free text-books in any district that has by a majority vote adopted the same, and when made the tax levied shall be collected in the same manner as other taxes are collected; Provided, further, that any district that shall I GENERAL SCHOOL LAW 91 furnish free text-books shall have the right, through its board of trustees, to adopt supplementary books within the meaning of this Act, when such adoption has been author- ized by a two-thirds vote of the trustees of said district. 1813. Compensation of Text Book Commissioners. The members of said text book commission provided for by this Act, shall receive the sum of $6.00 per diem for each day necessarily engaged in transacting business and while in session, and actual traveling expenses; and there is hereby appropriated the sum of one thousand dollars per year, or so much thereof as may be necessary to carry out the pro- visions of this Act; Provided, that said commission shall not be in session more than ten days in any one year. CHAPTER XIX. Industrial Schools. 1900. Industrial Schools. Where Established. In school districts having a population of 25,000 or more, there shall be maintained an industrial school for the purpose of afford- ing a place of confinement, discipline, instruction, and main- tenance of children of compulsory school age, who may be committed thereto according to the provisions prescribed in Section 1107. 1901. Purchase of Site and Building. For the purpose of maintaining such school or schools, sites may be purchased and buildings constructed or premises rented in the same manner as is provided for in the case of public schools in such districts; but no school shall be located at or near any penal institution. And it shall be the duty* of the board of trustees to furnish such schools with such furniture, fix- tures, industrial and other apparatus, and provisions as may be necessary for the maintenance and operation thereof. 1902. Employment and Regulation of Teachers. The board of trustees may also employ a principal and other nec- essary officers, agents, and teachers, and shall prescribe the methods of discipline and the course of instruction ; and shall exercise the same powers and perform the same duties as is prescribed by law for the management of other schools. No religious instruction shall be given in said school, ex- cept as allowed by law to be given in public schools ; but the board of trustees may make suitable regulation so that the inmates may receive religious training in accordance with the 92 STATE OF MONTANA belief of the parents of such children, by arranging, for at- tendance at public services elsewhere. 1903. Parents to Provide Clothing. It shall be the duty of the parent or guardian of any child committed to this school, to provide suitable clothing upon his entry into such school, and from time to time therafter as it may be needed, upon notice in writing from the principal or other proper of- ficer of the school. In case any parent or guardian shall re- fuse or neglect to furnish such clothing, the same may be provided by the board of trustees, and such board may have an action against such parent or guardian of said child to recover cost of such clothing, with ten per cent additional thereto. 1904. Rules and Regulations of School. The board of trus- tees of such district shall have power to establish rules and regulations under which children committed to such indus- trial school may be allowed to return home upon parole, but to remain while upon parole in the legal custody and under control of the officers and agents of such school and subject at any time to be taken back within the enclosure of such school by the principal or any authorized officer of said school except as hereinafter provided; and full power to enforce such rules and regulations to retake any such child so upon parole is hereby conferred upon said board of trus- tees. No child shall be released upon parole in less than four weeks from the time of his commitment, nor thereafter until the principal of such industrial school shall have become satisfied from the conduct of such child, that, if paroled, he will attend regularly the public or private school to which he may be sent by his parents or guardians, and shall so certify to the board of trustees. 1905. Paroled Children. It shall be the duty of the prin- cipal or other person having charge of the school to which children so released on parole may be sent to report at least once each month to the principal of the industrial school stating whether or not such child attends school regularly, and obeys the rules and regulation of said school; and if such child so released upon parole shall be regular in his attendance at school, and his conduct as a pupil shall be satisfactory for a period of on^ year from date on which he was released upon parole, he shall then be finally discharged from the industrial school, and shall not GENERAL SCHOOL LAW 93 be recommitted thereto except as hereinbefore provided. 1906. Recommitment of Paroled Children. In case any child released from school upon parole, as hereinbefore provid- ed, shall violate the conditions of his parole at any time within one year thereafter, he shall upon the order of the board of trustees, as hereinbefore provided, be taken back to such industrial school, and shall not be again released upon pa- role within the period of three months from the date of such re-entering; and if he shall violate the conditions of a second parole, he shall be re-committed to such industrial school, and shall not be released therefrom on parole, until he shall remain in such school at least one year. 1907. Incorrigibles. In any case where a child is in- corrigible and his influence in such industrial school is detri- mental to the interests of the other pupils, the board of trustees may authorize the principal or any other officer of the school to represent these facts to the district court by petition; and the court shall have power to commit said child to the State Reform School. 1908. Industrial Schools in Small Districts. The board of trustees in districts having a population less than 25,000 may establish, maintain and operate an industrial school for the purpose hereinbefore specified, and in case of the estab- lishment of such school the board of trustees shall have like power in their respective districts as hereinbefore express- ed; Provided, that no board of trustees under this Section shall put .this law into effect until submitted to a vote at some general or special election. 1909. Receiving Pupils From Other Districts. Boards of trustees in districts where there is established and in opera- tion an industrial school, may if the accommodation per- mits, receive pupils from other districts who have been com- mitted thereto, upon the payment from the district in which the child resides, at such rate of tuition as the board of trustees may fix. 1910. Penalties and Fines for Neglect of Official Duty. Any officer, principal, or other. person mentioned in this chapter, neglecting to perform any duty imposed upon him by this chapter, shall be fined not less than Twenty-Five ($25.00) nor more than Fifty ($50.00) Dollars, for each offense. Any officer or agent of any corporation violating any provisions of this chapter, and who participates or 94 STATE OF MONTANA acquiesces in or is cognizant of such violation, shall be fined not less than Twenty-Five ($25.00) nor more than Fifty ($50.00) Dollars. Any person who violates any provisions of this chapter for which a penalty is not else- where in this chapter provided for, shall be fined not more than Fifty ($50.00) Dollars. Mayors, justices of the peace, police judges, and district courts shall have jurisdiction to try the offenses described in this chap- ter. When complaint is made, information filed or indict- ment found against any corporation for violating this chap- ter, summons shall be served, appearance made, or plea entered, as provided by the laws of Montana, except that in complaint before magistrates, service shall be made by the constable. In all other cases process shall be served, and proceedings had, as in cases of misdemeanor. All fines col- lected under the provisions of this chapter shall be paid into the funds of the school district in which the offense was committed. Board of trustees are authorized to em- ploy legal counsel to prosecute any case arising under the provisions of the chapter when they shall deem the same necessary, and the services of such counsel shall be paid from the general fund of the district. 1911. Penalties for Repeated Violation of the Chapter. Every person, who, after being once convicted for violating any of the provisions of this chapter, shall be convicted of again violating any of the provisions of this chapter, may, in addition to the punishment by way of a fine elsewhere provided for, be imprisoned not less than ten days nor more than thirty days. On complaint, before mayor, jus- tice of the peace, or police judge of a second violation of this chapter involving punishment by imprisonment, if a trial by jury be not waived, a jury shall be chosen and the case tried, after the manner provided in the laws of Mon- tana. 1912. Duty of Trustees to Provide Sufficient Accommo- dations. It is hereby made the duty of every board of trustees in this State to provide sufficient accommodations in the public schools for all children in their district compelled to attend the public schools under the provisions of this chapter. Authority to levy tax and raise the money necessary for such purpose, is hereby given the proper officers charged with such duty under the law. GENERAL SCHOOL LAW 95 1913. Cost of Prosecutions. No officer or person insti- tuting proceedings under this chapter shall be required to advance money or give security for costs; and if a defend- ant is acquitted or discharged, or if convicted, and commit- ted to jail in default of payment of fine and costs, the jus- tice, mayor, police judge or district court, before whom such case was brought shall certify such costs to the county audi- tor, who shall examine, and if necessary correct the account, and issue his warrant to the county treasurer in favor of the respective persons to whom such costs are due for the amount due each. CHAPTER XX. Finance. 2000. Permanent School Fund. The principal of the state school fund shall remain irreducible and permanent. That said fund shall be derived from the following sources, to- wit: appropriations and donations by the State to this fund; donations and bequests by individuals to the State or common schools; the proceeds of land and (and) other prop- erty which revert to the State by escheat and forfeiture; the proceeds of all property granted to the State, when the purpose of the grant is not specified or is uncertain; funds accumulated in the treasury of the State for the disburse- ment of which provision has not been made by law; the pro- ceeds of the sale of timber, stone, materials or other prop- erty from school lands other than those granted for specific purposes, and all moneys other than rentals recovered from persons trespassing on said lands; five per centum of the proceeds of the sale of public lands lying within the State which shall be sold by the United States subsequent to the admission of the State into the Union as approved by Section 15 of the Enabling Act; the principal of all funds arising from the sale of lands and other property which have been and may be hereafter granted to the State for the sup- port of common schools and such other funds as may be provided by the legislative enactment. 2001. Common School Levy. In addition to the provis- ions for the support of common schools, hereinbefore pro- ided, it shall be the duty of the county commissioners of each county in the State to levy an anjiualjbax_0f_ four '.mills on the dollar of the assessed value of all taxable property, s 96 STATE OF MONTANA real and personal, within the county which levy shall be made at the time and in the manner provided by law for the levying of taxes for county purposes, which tax shall be collected by the county treasurer at the same time and in the same manner as state and county taxes are collected. For the further support of the common schools, there shall also be set apart by the county treasurer all moneys paid into the county treasury arising from all fine^. or viola- tions of law, unless otherwise specified by law. Such money shall be forthwith paid into the county treasury by the offi- cer receiving the same, and be added to the yearly school fund raised by taxing each county and dividing in the same manner. 2002. ^Special School Tax. On or before the day desig- nated by law for the commissioners of each county to levy the requisite taxes for the then ensuing year, the school board in each school district shall certify to the county com- missioners the number of mills per dollar which it is neces- sary to levy on the taxable property of the district, not to exceed ten mills, to raise a special fund to maintain the schools of said districts, to furnish additional school fa- cilities therefor, and to furnish such appliances and apparatus as may be needed, and, in districts of the first and second class, the trustees thereof must make such special levy, or so much thereof as may be necessary to maintain a school term of at least nine months in each year, and the county commissioners shall cause the same to be levied at the same time that other taxes are levied, and the amount of such special tax shall be assessed to each tax payer of such dis- trict, and shall be placed in a separate column of the tax book which shall be headed, "Special School Tax." There shall also be a column in said tax book, which shall be designated the number of the school district in which the property is listed. This tax, when collected shall be placed to the credit of the proper district, and shall be subject to the order of the district board. 2003. Apportionment. All school moneys apportioned by county superintendents of common schools shall be appor- tioned to the several districts in proportion to the number of school census children between six and twenty-one years of age, as shown by the returns of the district clerk for the next preceding school census ; Provided, that Indian children, GENERAL SCHOOL LAW 97 who are not living under the guardianship of white persons, shall not be included in the apportionment list, unless the parents thereof are citizens of the United States or have taken land under the allotment and severalty act of Con- gress and have severed their tribal relations. 2004. Purposes for Which Money May Be Used. County school moneys may be used by the county superintendent and trustees for the various purposes, as authorized and pro- vided in this Act, and for no other purpose, except that in any district, any surplus in the general school fund to the credit of said district, after providing for the expenses of not less than nine months' school, on a vote of the qualified electors of said district, may be used for the purpose of re- tiring bonds and improving buildings and grounds. If any school money shall be paid by authority of the board of trustees for any purpose not authorized by this chapter, the trustees consenting to such payment shall be liable to the district for the repayment of such sum, and a suit to recover the same may be brought by the county attorney, or, if he shall refuse to bring the same, a suit may be brought by any taxpaying elector in the district. 2005. Transfer of Road Funds. It shall be the duty of the county treasurer in each county in this State upon an or- der of the board of county commissioners, to transfer any and all sums of money raised by county road tax and appor- tioned to certain road districts that shall have remained one year to the credit of any road district unused or unappor- tioned to the credit of the particular school district or dis- tricts whose boundaries are coterminous, or nearly so, with those of the road district to whose credit said moneys were originally apportioned. A certificate by the road super- visor that such moneys are not needed for immediate use in building or repairing roads in his district, accompanied by the petition of ten residents of such district that such transfer be made, shall be made sufficient warrant for the county treasurer to make such transfer when approved by the board of county commissioners, and the official maps of the several road and school districts of the county shall de- termine the districts to which the transfers are to be made. Moneys so received to the credit of any particular school dis- trict may be applied by the trustees thereof to the payment I 98 STATE OF MONTANA of any outstanding district indebtedness, or like other funds, to the ordinary expenses of the district. 2006. Proceeds of Town Lots. All moneys arising from the sale of town lots under and by virtue of the several acts of the legislative assembly of the State of Montana relating to town sites, that are now or that hereafter may come into the hands of any clerk of the district court, or the corporate authorities of any city or town of the State shall be paid into the county treasury of the county for the use and benefit of the common schools of the school district in which such city or town is situated, to be used as provided for in this chapter. 2007. Building and Furnishing Fund. The county treas- urers of the several counties of this State shall transfer all moneys so paid into said treasury as provided for in Sec- tion 2006 of this chapter or that may now be in such treas- ury, derived from said source, to the school fund of the school district in which said town is situated, which shall be paid out on the order of the school trustees in such dis- trict, as provided for in Section 2008 of this chapter; and which said moneys shall be by said treasurer set apart as a special fund for the purpose of building and furnishing school houses, and shall be used for such purpose alone, un- less otherwise ordered, as provided for in this chapter. 2008. Warrants. The school trustees of any school dis- trict are hereby authorized to draw warrants on said fund named in Sections 2006 and 2007 of this chapter for the purpose of building and furnishing a school house in such place, in the town or city from the sale of lots out of which such fund arose, as they may designate, which said war- rants or orders shall specify the fund on which the same are drawn and for what purpose drawn. 2009. Transfer of Funds. Election. Said Fund may be used for general school purposes, if a majority of the quali- fied electors of such district shall so elect, upon such ques- tion being duly submitted to them at any regular or spe- cial election therefor. 2010. Duties of County Treasurer. It shall be the duty of the county treasurer of each county: 1. To receive and hold all school moneys as special deposit and to keep a separate account of their disburse- ments to the several school districts which shall be entitlled GENERAL SCHOOL LAW 99 to receive them according to the apportionment of the coun- ty superintendent. 2. To render quarterly beginning September 1, each board of trustees, through its chairman, an itemized state- ment of warrants paid and moneys received for the district for the preceding quarter. 3. To notify the county superintendent of public schools of the amount of county school fund in the county treasury subject to apportionment whenever required, and to inform said county superintendent of the amount of school moneys belonging to any other fund subject to apportionment. 4. To pay all warrants drawn on county or district school moneys in accordance with the provisions of this chapter, whenever such warrants are countersigned by the district clerk and also countersigned by the county superintendent, provided in Section 513 of this Act. 5. To make annually, during the month of October in each year, a financial report for the last school and fiscal year ending with June thirtieth, to the county superintendent of public schools, in such form as may be required by him. 2011. Duty of County Assessor. It shall be the duty of the County Assessor in each county in the State to make a report to the county superintendent of schools within his county on or before the 20th day of August in each year, giving the assessed valuation of the several school districts of the county for that year. 2012. Duty of Clerk of District Court. It shall be the duty of the clerk of the district court, at the close of every term thereof, to report to the county superintendent of the county in which said term shall have been held, whether or not any fines, and if any, what ones, were imposed by said court during the said term. 2013. Duty of the Justice of the Peace. It shall be the duty of each justice of the peace of each county to report to the county superintendent during the month of September in each year, whether or not they have imposed and collect- ed any fines during the preceding year, and if any, what ones, with the date at which the same were paid to the county treasurer. 2014. Penalty. All officers mentioned in Section 2010, 2011, 2012, 2013 of this chapter who shall fail or neglect to perform any of the duties required by this chapter shall 100 STATE OF MONTANA be deemed guilty of a misdemeanor, and upon conviction be- fore any court having competent jurisdiction thereof, shall be fined in any sum not less than twenty dollars and not more than one hundred dollars for each neglect; and such fine shall be paid into the county treasury for the benefit of the public schools in said county. 2015. Bonds. How Issued. Election. Limit. The board of school trustees of any school district within this State shall, whenever a majority of the school trustees so decide, submit to the electors of the district the question whether the board shall be authorized to issue coupon bonds to a cer- tain amount, not to exceed three per cent of the taxable property in said district, and bearing a certain rate of in- terest not exceeding six per cent per annum, and payable and redeemable at a certain time, for the purpose of building and furnishing one or more school houses in said district, and purchasing land necessary for the same. Should the trus- tees of any school district in which bonds have heretofore been issued to any amount, desire to submit to the electors of the district the question as to whether additional bonds shall be issued they may do so, but no such bonds shall be issued unless a majority of all votes cast at any such election shall be cast in favor of such issue of additional bonds; and in no case shall the whole issue of bonds exceed the amount of three per cent of the taxable property within said school district. 2016. Manner of Holding Election. Ballots. Voting. Such election shall be held in the manner prescribed for the election of school trustees. The ballots shall be in the form as follows: "Shall bonds be issued and sold to the amount of dollars, and bearing not to exceed per cent interest and for a period not to exceed years, for the purpose of purchasing a school site and build- ing a school house thereon and for furnishing the same." Bonds. Yes. Bonds. No. The elector shall prepare his ballot by putting a cross be- fore "Bonds Yes" if he wishes to vote for the bonds and be- fore "Bonds No" if he wishes to vote against the bonds. If a majority of the votes cast at such election are Bonds, "Yes," the board of school trustees shall issue such bonds in such form as the board may direct and they shall bear the GENERAL SCHOOL LAW 101 signature of the chairman of the board of trustees and shall be signed by the clerk of the said school district; and the coupons attached to the bonds shall be signed by the said chairman and clerk, provided, a lithographic or engraved fac simile of the signatures of the chairman and clerk may be affixed to coupons only, when so recited in the bonds, and the corporate seal of the school district shall be attach- ed to each of the bonds; and each bond so issued shall be registered by the county treasurer in a book provided for that purpose, which shall show the number and amount of each bond, and the person to whom the same is issued or sold; and the said bonds shall be sold by the trustees as hereinafter provided. 2017. Notice of Sale of Bonds. The school trustees shall give notice by advertisement in some newspaper published in this State, for a period of not less than four weeks to the effect that the said school trustees will sell said bonds (brief- ly describing the same), and stating the time when, and place where, such sale will take place; Provided, that the said bonds shall not be sold for less than their par value, and that the said trustees are authorized to reject any bids, and to sell said bonds at private sale, if they deem it for the best interests of the district; and all moneys arising from the sale of said bonds shall be paid forthwith into the treasury of the county in which such district may be lo-i cated to the credit of said district, and the same shall be immediately available for the purpose of building or provid- ing the school houses authorized by this chapter; Provided, that no such bonds shall be delivered by the board of trus- tees unless the moneys therefor have been paid into the county treasury. 2018. School District Liable on Bond. The faith of each school district is solemnly pledged for the payment of the interest and the redemption of the principal of the bonds which shall be issued under the provisions of this chapter. And for the purpose of enforcing the provisions of this chapter, each school district shall be a body corporate, which may sue and be sued by or in the name of the board of school trustees of such district. 2019. Tax. Interest. Sinking Fund. The school trus- tees of each district shall ascertain and levy annually, the tax necessary to pay the interest when it becomes due and 102 STATE OF MONTANA a sinking fund to redeem the bonds at their maturity; and said tax shall become a lien upon the property in said school district, and be collected in the same manner as other taxes for school purposes. 2020. Same. Redemption of Bonds. The county com- missioners, at the time of making the levy of taxes for coun- ty purposes, must levy a tax for that year upon the taxable property in such district, for the interest and redemption of said bonds, and such tax must not be less than sufficient to pay the interest of said bonds for that year, and such por- tion of the principal as is to become due during such years and in any event must be high enough to raise annually for the first half of the term said bonds have to run, a suffi- cient 8P m to pay the interest thereon, and during the bal- ance of the term, high enough to pay such annual interest, and to paj annually, a portion of the principal of said bonds, equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds have to run and all moneys so levied, when col- lected, must be paid into the county treasury to the credit of such district, kept in a separate fund and be used for the payment of principal and interc^ on said bonds, and for no other purpose. 1. Provided, that the board may with the surplus of such sinking fund, when the same shall be One Thousand ($1,000.00) Dollars or more, purchase any of the outstanding bonds issued by the board. Such purchase shall be made at the lowest price such bonds can be purchased at, but at no more than par value of such bonds ; and whenever there shall be such a surplus of sinking fund amounting to the sum of One Thousand ($1,000.00) Dollars, the board shall purchase therewith like bonds, on the same terms and conditions as hereinbefore specified. 2. If for any reason such bonds cannot be purchased as hereinbefore specified, such sinking fund shall be in- vested by the treasurer under the direction of the board of trustees, at such times as the board shall direct, in interest- bearing bonds of the United States or of the State of Mon- tana, which shall be purchased at the lowest market price. Interest accruing upon such bonds shall be invested in the same manner and for the same purpose as a sinking fund. Such bonds shall be held by the treasurer until the prin- GENERAL SCHOOL LAW 103 cipal of any bonds issued by the board of trustees shall be- come due, and shall be sold at the highest market price, and the proceeds applied to the payment of bonds ; Provided, fur- ther, that if at any time the board shall deem it best, it shall be lawful to sell such bonds for the purpose of pur- chasing the bonds issued by such board; but all such sales shall be at the highest market price, and the bonds of the board purchased with the proceeds of such sale shall be pur- chased at the lowest price they can be obtained for, and not above the par value of such bonds; Provided, further, that the bonds first maturing shall be purchased, if they can be purchased, on terms as favorable to the board as others of- fered for sale to the said board. All bonds of the said board purchased under the authority hereby given, or paid by the board, shall be forthwith cancelled as provided in the next succeeding section. 2021. Redemption. Notice to Bond Holder. When the sum in said sinking fund shall equal or exceed the amount of any bond then due, the county treasurer shall give notice to each bond holder, if known to him and shall post in his office a notice that he will, within thirty days from the date of such notice, redeem the bonds then payable, giving the numbers thereof, and preference shall be .given to the oldest issue; and if at the expiration of the said thirty days the holder or holders of said bonds shall fail or neglect to pre- sent the same for payment, interest thereon shall cease; but the treasurer shall at all times thereafter be ready to re- deem the same on presentation, and when any bonds shall be so purchased or redeemed the county treasurer shall cancel all bonds so purchased and redeem by writing across the face of such bond or bonds, in red ink, the word "Redeemed" and the date of such redemption; Provided, that, whenever in the judgment of the board of school trustees and prior to the redemption of said bonds said board shall deem it advisable and for the best interest of the school district to invest said sinking fund or any part thereof, the board may by an order entered upon their minutes direct and require the county treasurer to invest said sinking fund or any part thereof in state or county bonds or warrants until such redeemable period. 2022. Duty of County Treasurer. The county treas- urer shall pay out of any moneys belonging to the school 104 STATE OF MONTANA district the interest upon any bonds issued under this chap- ter by such district when the same shall become due, upon the presentation at his office of the proper coupon which shall show the amount due, and the number of the bond to which it belonged; and all coupons so paid shall be reported to the school trustees at their first meeting thereafter. But the Board of Trustees of any school district issuing bonds may, by resolution, direct that said bonds and the interest thereon shall be payable in any city in the United States, and then such bonds and 'coupons shall be made payable at such bank in said city as shall be designated by the County Treasurer at the time of issue; and all bonds and coupons so paid must be returned to the County Treasurer and by him cancelled and exhibited to the County Commissioners at their first meeting thereafter. 2023. Printing of Bonds. The school trustees of any dis- trict shall cause to be printed or lithographed, at the lowest rates, suitable bonds, with the coupons attached, when the same shall become necessary, and pay therefor out of any moneys in the county treasury to the credit of said school district. 2024. Penalty. If any of the school trustees of any dis- trict shall fail or refuse to pay into the proper county treas- ury the money arising from the sale of any bonds provided for by this chapter, they shall be deemed guilty of a felony, and upon conviction thereof, shall be punished by imprison- ment in the State Penitentiary for a term of not less than one year nor more than ten years. 2025. Repayment of Moneys Borrowed for Maintenance of Schools. That whenever, before the passage of this Act, the taxes levied and collected in any school district upon the taxable property of said district, for the necessary mainte- nance of said schools, have been insufficient for the neces- sary maintenance of said schools, and for that reason the trustees of said school district have been compelled to bor- row money for the necessary maintenance of said schools, in order to prevent the closing of the same for a portion of the regular school year of said district, and have borrowed mon- ey for the necessary maintenance of said schools, and such moneys so borrowed cannot be repaid out of the total amount of taxes that may be raised by maximum levy for school purposes in such district, without using the funds of the GENERAL SCHOOL LAW 105 district needed to pay the necessary current expenses for the maintenance of the schools therein, and thereby necessi- tating the closing of such schools for the whole or a portion of the regular current school year of such district for one or more years, then the said trustees shall be, and are here- by empowered to raise money to repay, and to repay such loans, with interest thereon from the date thereof until paid at the rate of six per cent per annum, by levying a tax therefor upon all the taxable property in said district in the manner provided in the following sections. 2026. Special Levy to Repay Moneys Borrowed. That if the trustees of any school district, under the circum- stances mentioned in Section 2025 of tjiis chapter shall determine to repay the moneys borrowed and used for the purpose mentioned in said Section 2025, they shall ascertain the amount to be levied by finding the amount of the prin- cipal, of "such loans and interest at six per cent per annum from the date thereof to December 15th, of the year in which such levy shall be made, that being the time when the tax will properly be collected, and shall, on or before the day when the county commissioners are required by law to make the annual tax levy, make and file with the county clerk of the county in which such school district shall be situated, their certificate, which shall be signed by a majority of such trustees, setting forth therein the amount to be raised as aforesaid, and requesting the county commissioners to levy the amount named in said certificates as a special tax upon all taxable property in said school district. The valua- tion of the property in said district as the same appears upon the assessment roll of said county for the year for which the levy shall be made, shall be the basis for the as- sessment of such tax. It shall be the duty of the county commissioners at the time the annual tax levy is made to levy the sum named in said certificate as a special tax upon all of the taxable property in said district, and the duty of the county clerk to spread said tax upon the said assessment roll against all of said property in the same manner as other taxes are spread upon said roll, and said tax being so assessed shall become a lien upon said property and be col- lected in the same manner as other taxes for school purposes are collected. 106 STATE OF MONTANA 2027. Disposition of Funds Collected. That when the tax mentioned in the preceding sections has been collected, or any part thereof, the county treasurer shall place the same to the credit of said school district in a fund separate from all other funds, of said district and the moneys in such fund shall be forthwith paid out by the trustees to the persons and corporations to whom the same are payable, and until the debt for the payment of which such moneys were raised have been paid, no part of such funds shall be used for any other purpose. If from failure to collect the entire amount of such tax, or from any other cause, there shall not be moneys sufficient in said fund to pay the amount of principal and interest of the sum borrowed, the trustees shall pay the amount of such deficiency from the general fund to the credit of said district, and if after paying all of the debts payable out of such special fund, a balance shall remain therein, such balance shall be transferred to the gen- eral fund of said district. 2028. Trustees May Issue Bonds. If the trustees of any school district mentioned in this Act shall determine that it would not be for the best interest of said district to raise in any one year the moneys mentioned in Section 2027 of this chapter, by levying and collecting a tax therefor as in the preceding sections provided, they shall nevertheless be authorized and empowered to raise such moneys by issuing and selling the bonds of said districts in an amount suffi- cient to repay, and to repay, such moneys with interest thereon at six per cent per annum. If the said trustees shall determine to issue the bonds of said district for the purpose aforesaid, they shall ascertain the amount of said bonds by finding the amount of principal and interest of the loans to be repaid at six per cent per annum from the date thereof until the time when said bonds will probably be sold as hereinafter provided. They shall then issue the bonds of such district to the amount to be ascertained which bonds shall draw interest at a rate not to exceed six per cent per annum payable either annually or semi-annually as the trus- tees shall determine, and each of said bonds shall be for the sum of One Hundred Dollars or multiples thereof and shall run for such length of time as the said trustees shall determine, not exceeding a period of ten years from the date thereof; said bonds shall be in such form as the board GENERAL SCHOOL LAW 107 of trustees may direct, and shall bear the signature of the chairman of the board of trustees, and shall be signed by the clerk as clerk of the said school district, and the coupons attached to said bonds shall be signed by said chairman and said clerk; Provided that lighographic or engraved fac similes of the signature of the chairman and clerk may be affixed to coupons only when so recited in the bond, and each bond so issued shall be registered by the county treasurer in a book provided for that purpose, which shall show the number and amount of each bond, and the person to whom the same is issued or sold, and said bonds shall be sold and the proceeds thereof deposited with the county treasurer, in the manner provided by the provisions of Section 2028 of this Chapter, ana paid out by the trustees to the persons and corporations to whom the loans for the payment of which such bonds were issued are payable. 2029. General Laws Applicable. All of the powers con- ferred and duties enjoined upon school trustees and county commissioners by Section 2019, 2020, 2021, 2022, 2023, of this chapter for raising money to pay the interest on, and to provide, and for the care and management of, a sinking fund for the redemption and payment of bonds issued by school districts under the provisions of existing laws are hereby conferred and enjoined upon school trustees and county commissioners respectively with respect to all bonds issued under the provisions of this chapter. 2030. Refunding Bonds. The school trustees of any school district of the State of Montana, shall have, and are hereby given in addition to the power already conferred on them, authority to issue on the credit of their respective districts, coupon bonds, (and sell or dispose of the same) for the purpose of providing the necessary funds to pay ma- turing, redeemable, or optional bonds, under the following conditions, to- wit: 1. When there is not sufficient money to the credit oi thk school district applicable to pay any of said bonds. 2. When in the judgment of the school trustees to levy and collect a special tax for the purpose of paying any of said bonds, would be a hardship and a burden to the school district. 3. All bonds issued under the provisions of this Section of this Act, shall bear upon their face the words "Refund- 108 STATE OF MONTANA ing School Bonds" and shall also recite in the body of the bond that "this bond is issued for the purpose of providing funds to pay maturing and outstanding bonds." 4. Said bonds shall bear interest at a rate not to exceed six per cent per annum, (and interest may be payable semi- annually) and payable and redeemable within a period not exceeding twenty years from the date of issue; Provided, 6aid bonds shall not exceed in amount the face value of the bond (and any accrued interest thereon), which they are issued to replace. 5. The trustees shall fix the denominations, terms, rate and form of said bonds not inconsistent with the require- ments hereinbefore set forth; and may issue, dispose of or sell such bonds at any time deemed necessary and expedient to enhance, preserve and maintain the credit of their re- spective districts. 6. Said bonds, when offered for sale, shall be advertised for sale in not less than one newspaper of general circu- lation, published in the State of Montana, for a period of not less than four weeks preceding the date fixed for sale of said bonds; said advertisement shall briefly describe the bonds, stating the time when, and the place where said sale shall take place; Provided that said bonds shall not be sold at less than their par value, and the trustees are authorized to reject any bids made, and sell said bonds at private sale, or exchange the same for outstanding bonds, if they deem it for the best interests of the districts so to do, and it shall not be necessary to hold any election or submit the matter of the issuance of the bonds authorized by this section of this chapter, to the electors of the school district. 7. Said bonds and coupons (attached) shall be signed by the chairman of the board of trustees and the school clerk of the district, provided, a lithographed or engraved fac simile of the signatures of the chairman and clerk may be affixed to the coupons, only when so recited in the bonds, and the corporate seal of the school district shall be affixed to each bond. 8. Each bond so issued shall be registered by the county treasurer of the county wherein such school district is lo- cated, in a book provided for the purpose, which shall show the date, number, term, and amount of each bond, and the person or persons to whom the bonds are issued and sold. GENERAL SCHOOL LAW 109 2031. Disposal of Proceeds of Bonds. All moneys aris- ing from the sale of said bonds shall be paid forthwith into the treasury of the county in which said school district is lo- cated, and shall be immediately available to apply for the purpose authorized and no other purpose. 2032. District Responsible on Bonds. The faith of each school district is solemnly pledged for the payment of the interest and redemption of the principal of the bonds which shall be issued under this chapter. And for the purpose of enforcing the provisions of this chapter, each school district shall be a body corporate, which may sue and be sued by, or in the name of the board of school trustees. 2033. Must Levy Tax for Interest, Etc. The school trus- tees of each district shall ascertain the amount and levy an- nually, a tax necessary to pay the interest, when it becomes due, and provide a sinking fund to redeem the bonds at their maturity; and said tax shall become a lien upon the prop- erty in said school district and be collected in the same man- ner as other taxes for school purposes. 2034. Redemption of Bonds. When the sum in said sink- ing fund shall equal or exceed the amount of any bond then due, the county treasurer shall post in his office a notice that he will, within thirty days from the date of such notice, redeem the bonds then payable, giving the number thereof, and the bonds bearing the lowest number shall be redeemed first in their order; and provided, that such redemption shall be made at some regular interest period as set forth in the bond; and if at the expiration of the said thirty days the holder or holders of said bonds shall fail or neglect to pre- sent the same for payment, interest thereon shall cease but the treasurer shall at all times thereafter be ready to re- deem the same on presentation, and when any bond or bonds shall be so purchased or redeemed, the county treasurer shall cancel all bonds so purchased and redeemed, by writing or stamping across the face of such bond or bonds, in ink, the words "Redeemed and Cancelled," and the date of such re- iemption. And the bonds paid shall be exhibited to the Doard of county commissioners at their first meeting there- after. 2035. Payment of Interest. The county treasurer shall pay out of any moneys belonging to the school district, the interest upon any bonds issued by authority of this chapter, -110 STATE OF MONTANA by such district, when the same shall become due, upon the presentation at his office, of the proper coupon, which shall show the amount due, and the number of the bond to which it belongs; and all coupons so paid shall be cancelled and exhibited to the board of county commissioners at their first meeting thereafter. 2036. Preparation of Bonds. The school trustees of any school district shall cause to be printed or lithographed, at the lowest rate, suitable bonds, with the coupons attached, when the same shall become necessary, and pay therefor out of any moneys in the county treasury to the credit of said school district. 2037. Felony. Penalty. If any of the school trustees of any district shall fail or refuse to pay into the proper county treasury the money arising from the sale of any bonds pro- vided for in this chapter, they shall be deemed guilty of a felony and upon conviction thereof, shall be punished by im- prisonment in the State Penitentiary for a term of not less than one year, nor more than ten years.' 2038. Repayment of Loans. Whenever heretofore money has been loaned or advanced to the board of school trustees of any district, for the erection of a school house or school houses therein, by any person or corporation, in reliance upon the proceeds of the sales of bonds for the repayment of the same, the issuance of which bonds has been voted for by a majority of the electors of such district, voting at an election held for the purpose of authorizing the issuance of the same for the erection of a school house or school houses, which said money has been used by such board of school trustees in the erection of a school house or school houses in such district, but which bonds when issued have been adjudged and held to be void or invalid by the supreme court of the state, the money so loaned or advanced may be repaid, to- gether with the interest thereon covering the period for which interest has not been paid, at the rate specified in said bonds so held to be void; said payment to be made by the board of school trustees to the person or corporation who or which had loaned or advanced the same, from the proceeds of the sale of any bonds thereafter issued for the purpose of building one or more school houses in said dis- trict, or for any other school purpose. *See also Sec. 2112, page 124. GENERAL SCHOOL LAW 111 CHAPTER XXI. County High Schools. 2100. Any County May Establish High School. Any county in the state may establish a high school on the con- ditions and in the manner hereinafter prescribed, for the purpose of affording better educational facilities for pupils more advanced than those attending the elementary schools. 2101. Petition for Establishment and Location. When- ever one hundred freeholders in any county shall petition the board of county commissioners, requesting that a high school be established in their county, the county clerk shall give twenty days notice, by publication in the official paper of the county, that such petition has been filed, and that any village, town or city may become a candidate for the location of said high school upon petition of not less than fifty free- holders of said village, town or city, requesting that said place be named as the candidate for the location of said high school. All nominations of places for the location of said, school shall be filed with the board of county commission- ers within thirty days from the date of the first publication of said notice. Any number of places may be candidates for the location of said school but no freeholder shall append his name to more than one petition. If such petition is filed at any time when the board of county commissioners is not in session, the county clerk shall notify the commissioners thereof, and a special meeting shall be held to call the neces- sary election herein provided for. 2102. Election. Voting, At the expiration of thirty days from the date of the first publication of said notice, the county commissioners shall call an election and appoint pre- cinct judges and clerks. Said election shall be conducted in accordance with the general election laws of the state. The county clerk shall give twenty days notice of such election by publication in the official paper of the county that the ques- tion of establishing a high school in said county, and the lo- cation thereof, will be submitted to the qualified electors of said county at a designated time. The notice shall distinctly specify the places which are candidates in the forthcoming election. The qualified electors shall vote by ballot, for or against the establishment of a county high school, and on separate ballots with the names of the place or places that 112 STATE OF MONTANA are candidates for the location of said school written or print- ed thereon, vote for not more than one of the places named upon said ballot as a candidate for the location of said school. The ballots shall be substantially in the following form: Ballot No. 1. For a County High School, Against a County High School. Ballot No. 2. Helena, Marysville. An elector desiring to vote for the establishment of a high school, shall do so by placing an "x" before the clause, "For a County High School," which shall be a vote in favor of establishing a county high school. An elector desiring to vote against the establishment of a high school, shall do so by placing an "x" before the clause: "Against a County High School." An elector desiring to vote for the location of a county high school at a certain place, shall do so by placing an "x" before the name of the place desired for the location of such school. 2103. Canvass of Returns. After the election, the ballots on said question shall be canvassed in the manner provideth" for general county elections, and, if the vote in favor of establishing a county high school shall be a majority of all votes cast upon said proposition, the board of county com- missioners shall proceed to canvass the vote for the different candidates for the location of said school, and the village, town or city having the largest number of votes for the loca- tion of said school, provided said number of votes be a ma- jority of all votes cast in favor of the measure, shall be de- clared to be the place for the location thereof. If the results in favor of establishing such high school, and any candidate for its location has a majority, the board of county commissioners, by an order duly entered on their minutes, shall so declare this fact, and the board shall immediately thereafter appoint six persons, residents and taxpayers of GENERAL SCHOOL LAW 113 the county not less than three nor more than four of whom shall be residents of the village, town or city, where the school is located, who shall, with the county superintendent of schools, constitute a board of trustees for said school. In case of a tie vote between two or more of the candidates having the highest number of votes for the location of said school, the county commissioners shall immediately call an- other election in the manner provided by law for general county elections, at which the only question to be submitted shall be the location of said school and only the. names of those candidates so tied shall appear upon the ballot. 2104. BOARD OF TRUSTEES. 1. Composition of. The board of trustees shall consist of seven members of which the county superintendent shall be a member, and the remaining six members shall be appoint- ed by the county commissioners. 2. Term. The term of office of trustees, other than the county superintendent, except of those especially here- inafter provided for, shall be three years and until their suc- cessors are appointed and qualified. 3. Appointment. The county commissioners shall ap- point at their regular meeting in March, 1913, three trustees, two for a three year term, and one for a two 'year term ; in March, 1914, they shall appoint two trustees for a three year term and one trustee for a one year term, and annually thereafter at their quarterly meeting in March they shall appoint two trustees for a three year term. Of the trus- tees appointed not less than three nor more than four shall be residents of the village, town or city in which the high school is located. 4. Vacancies. Whenever any vacancy occurs in said board of trustees, from any cause the secretary of the board shall immediately certify such vacancy to the board of county commissioners. 5. Meeting. Quorum. The county high school boards shall hold four regular meetings per year, on the third Sat- urday of April, July, October and January, and such special meetings not to exceed two in any one month, as they may deem necessary. The provision of the general school law as to notice, time and place of meetings shall govern all county high school boards. 114 STATE OF MONTANA A majority of said board shall constitute a quorum for the transaction of all business. 6. Officers. At their regular April meeting in each year the trustees shall choose from their number, a president, vice-president, and secretary, who shall hold office for one year or until their successors have been appointed and quali- fied, and said trustees shall have authority to make all nec- essary rules for their government, not inconsistent with the law. The county treasurer of the county shall be the treas- urer of the board and the custodian of all funds available for school purposes. 7. Powers and Duties. (a) To keep a record of all the official acts done by said board, and to keep a full record of all warrants issued against moneys belonging to said county high school. Payments of money can only be made upon warrants drawn against said funds belonging to said high school, and each warrant so drawn must specify, upon its face the purpose for which it is drawn. (b) To proceed as soon as practicable after their appoint- ment and qualification, to select at the place designated as the location for the county high school, the best site that can be obtained, and the title thereto, upon securing said site by purchase or otherwise, shall vest in the county; the trustees shall then proceed to make purchase of material and to let such contracts for necessary school buildings as they may deem proper. They shall not, however, make any purchase or enter into any contract, whereby obligations are assumed in excess of the amount of funds on hand or available through the levy of taxes for the current year, or the is- suance of bonds. (c) To lease at their discretion suitable buildings for the use of the high school while the new buildings are in pro- cess of erection, or to contract with the trustees of the local school district, or any other parties, for the use of suitable buildings for high school purposes for such time as may be deemed best for the interests of the county. (d) To employ for a period not to exceed three years some suitable person to take charge of said school who shall possess such qualifications as are now required to be pos- sessed by a city superintendent of schools; except that said principal shall not be required to possess more than three years of experience in teaching; to furnish such assistant GENERAL SCHOOL LAW 115 teachers as they may deem necessary, and to designate the salaries which shall be paid to said principal and assistant teachers; Provided, that such teachers shall be required to have the qualifications required of a teacher to hold a po- sition in a district high school and also to hold a valid Mon- tana certificate. (e) To adopt on the recommendation of the principal such courses of study as will properly fit the student attend- ing said high school for admission to the collegiate class of any of the state educational institutions, and sucn course of study shall contain the work now provided for accredited high schools by the state board of education. (f ) To admit pupils without tuition under such rules and regulations as they may deem proper in regard to age and grade of attainments essential to entitle pupils to admission to such school; Provided, that no person shall be admitted to such high school who shall not have satisfactorily completed the work of the elementary grades. All eligible pupils in the county are entitled to attend the county high school and it shall be the duty of the board to provide accommoda- tions for such pupils. (g) To admit pupils from other counties, when there is room, upon the payment of such tuition as the board of trus- tees may prescribe; but at no time shall such pupils con- tinue in such school to the exclusion of pupils residing in the county in which such school is located. 2105. Compensation of Trustees. The trustees who do not reside at the place where said high school is establish- ed are entitled to mileage in attending the meetings of the board. The trustees of said high school shall serve without compensation, but may pay their secretary such reasonable compensation as may be determined and the board shall make such reports, from time to time, as the county superintendent of schools, or the state superintendent of public instruction may require. 2106. Principal May Make Rules. The principal of any such high school with the approval of the board of trustees shall make such rules and regulations as he may deem proper in regard to the studies, conduct and government of the pupils under his charge ; and if any such pupils will not con- form to, nor obey, the rules of the school, they may be sus- I 116 STATE OF MONTANA pended by the principal or expelled therefrom by the board of trustees. 2107. Diploma to Admit to State Collegiate Institutions. Upon the presentation of a certificate of graduation from any such county high school, within eighteen months from the date of the same, to any state institution of learning, the person presenting the same may be admitted without fur- ther examination to said institution of learning. 2108. Tax Levy. At the regular April meeting or at some succeeding meeting, called for such purpose, said trus- tees shall make an estimate of the amount of funds needed for building purposes, for payment of teachers' wages, and for payment of contingent expenses and they shall present to the board of county commissioners a certified estimate of the rate of tax required to raise the amount desired for such purposes, and the board of county commissioners must levy such tax as other county taxes are levied. But in no case shall the tax for such purpose exceed in one year the amount of five mills on the dollar on the taxable property of the county. 2109. Submission to Electors of Question of Bond Issue. The secretary of the board of county high school trustees, whenever a majority of the board shall so decide, shall cer- tify to the board of county commissioners that they have decided to submit to the electors of the county, the question whether the county bonds shall issue for the purpose of the erection or purchase of a building or buildings for high school purposes and the equipment thereof, or for the erec- tion and equipment of a dormitory or dormitories, or gym- nasium, and for a suitable site or sites therefor, and shall in- clude in such certificate the amount of such bonds, which amount shall not exceed the sum of Two Hundred Fifty Thousand ($250,000) Dollars, in any one county of the first and second class, and One Hundred Fifty Thousand ($150,- 000) Dollars, in counties of the third class, and in all other counties shall not exceed the sum of One Hundred Thousand ($100,000) Dollars in any one county. Such bonds may run for a term of twenty years, or less, but no longer; Provided, that any such issue of bonds shall not increase the indebted- ness of any county beyond the maximum limit fixed by the State Constitution. GENERAL SCHOOL LAW 117 That as soon as practicable after receiving such certificate the board of county commissioners shall proceed to submit the question of issuing said bonds to the qualified electors of the county in the manner provided by law for the issu- ance of other county bonds. If such bonds are issued the county commissioners, at the time of making the levy of taxes for county purposes each year, must levy a tax for that year upon the taxable property in the county for the interest and redemption of said bonds, and such taxes must not be less than sufficient to pay the interest on said bonds for that year and such proportion of the principal as is to become due during the year, and in any event must be high enough to raise annually, for the first half of the term, a sufficient sum to pay the interest thereon and during the balance of the term, high enough to pay said annual interest and to pay annually a portion of the principal of said bond, equal to the sum produced by taking the whole amount of said bonds outstanding, and dividing it by the number of years said bonds have to run, and all moneys so levied, when collected, must be paid into the county treasury to the credit of the county high school, kept in a separate fund and to be used for the payment of principal and interest on said bonds, and for no other purpose; Provided, however, that the ac- cumulated money may be invested as is provided for the in- vestment of money collected for the payment of school dis- trict bonds. Said tax shall be levied and collected in the same manner as other county taxes. In any county wherein there is now maintained a district high school, in which a county high school is hereafter cre- ated, the bonds to be issued for the county high school under the provisions of this section shall constitute an indebtedness only against so much of the said county as is not included in the district maintaining said high school, and the question of the issuance of said bonds shall be submitted to the elec- tors only who reside outside of such district. The limi- tations on the indebtedness to be created by the issuance of bonds in such cases and the method of levy, assessment and collection of taxes for the payment of bonds so issued, hereinabove set forth, shall apply only to so much of the said county as is not included in the school district maintain- ing such district high school. 118 STATE OF MONTANA 2110. Payment of Bonds. Said bonds shall be paid, prin- cipal and interest, in the manner provided for the payment of other county bonds. 2111. Assessment for Maintenance. In case bonds are issued, the trustees in making estimates for the maintenance of the high school, shall not include estimates for building or other purposes for which the said bonds are issued. 2112. 1. In any county where a county high school has been established, any school district which maintains high school classes duly accredited by the State Superintendent of Public Instruction shall be entitled on such accrediting to share in all county high school moneys levied and collected for maintenance, and the money derived from such levy shall be apportioned by the county superintendent of schools to the several accredited high schools in the county according to the average daily attendance in accredited high school classes for the school year next preceding, as determined by the said county superintendent. 2. In any county where no county high school has been established, but in which one or more districts maintain high school classes duly accredited by the State Superintendent of Public Instruction, a special tax levy not exceeding three mills on each dollar of taxable property in the district may be made for the benefit of such high schools. When such levy is to be made, the chairman of the board of trustees of each school district shall, on or before the first day of August in each year, severally recommend and advise the board of county commissioners as to how many mills the tax levy should be on each dollar of taxable property, and the board of county commissioners shall thereupon fix the levy not exceeding three mills according to their own judg- ment at a rate which will raise sufficient money to meet the reasonable expenditures of such accredited high schools for maintenance during the ensuing school year, and the money derived from such levy shall be apportioned by the county superintendent of schools to the several districts, in which such tax is levied, according to the average daily attendance in accredited high school classes for the school year next preceding, as determined by the said county superintendent. 3. Attendance at any high school to whose support such money is apportioned in accordance with the provisions of this Act shall be free to all eligible pupils residing within GENERAL SCHOOL LAW 119 the district in the county in which such accredited high school is situated. 2113. Prior Acts Validated. All acts and things of any kind whatever, done by any board of county free high school trustees, or by any board of county commissioners, of this state prior to the passage of this act, under the provisions of the Act of March 3d, 1899, for the establishment of county free high schools, or under the act of March 14, 1901, or the Act of March 5, 1899, shall be and are hereby ratified and declared to be valid and of full force and effect. 2114. Same. That all acts heretofore done by any board of county commissioners in this state in connection with the submission to the electors of their county of the question of establishing and locating a county free high school, and upon which acts such question was in fact submitted to the elec- tors of such county and a majority of all votes cast at such election was in favor of the establishment and location of such high school and so found and declared by the board of county commissioners, shall be,, and are hereby ratified and declared to be valid and of full force and effect. 2115. Bond Legalized. That all bonds issued or author- ized to be issued, at any time prior to the passage of this Act, by the board of trustees of any county free high school in this state, where the question of the issuance of the same was first submitted by said trustees to the electors of the county and a majority of all votes cast at such election were in favor of said bond issue, and so found and declared by said board of trustees are hereby ratified and declared to be valid and legal obligations and of full force and effect. CHAPTER XXII. Miscellaneous : 2200. Gender. Whenever the word "he" or "his" occurs in this title, referring either to the members of the board of trustees, county superintendent, teachers, school officers, or children, it shall be understood to mean also "she" or "her." 2201. Fines and Penalties. All fines and penalties, not otherwise provided for in this title, shall be collected by an action in any court of competent jurisdiction, and shall be paid into the county school fund immediately after collection. 2202. Printing and Binding. All printing and binding re- quired under this title shall be executed in the form and I 120 STATE OF MONTANA manner, and at a price not exceeding other county printing, and shall be paid in like manner out of the general school fund. 2203. School Officers Not to Act as Agents. Neither the superintendent of public instruction, nor any person in his office, nor any county superintendent, nor school district officer, nor any officer or teacher connected with any public school, shall act as agent or solicitor for the sale of any school books, maps, charts, school library books, school furniture or apparatus, or furnish any assistance to, or receive any reward therefor, from any author, publisher, bookseller or dealer, doing the same. Every person violating this section shall be deemed guilty of a misdemeanor and be liable to a fine of not less than fifty nor more than two hundred dollars for each offense, and shall be liable to removal from office therefor. 2204. Purchase of Charts, Maps, and Apparatus. No warrants issued by board of trustees in districts of the third class in payment for charts, maps or apparatus shall be paid by the county treasurer until such warrant has been counter- signed by the county superintendent. 2205. Oath of Office. Any person elected or appointed to any office mentioned in this title shall, before entering upon the discharge of the duties thereof, take the oath of office. In case such officer has a written appointment or commission, his oath shall be endorsed thereon; otherwise it may be taken orally ; in either case it may be sworn to before any officer authorized to administer all oaths relative to school business appertaining to their respective offices, with- out charge or fee. 2206. Duty of County Attorney. The county attorney shall be the legal adviser of the county superintendent, and all school -trustees, and shall prosecute and defend all suits to which a district may be a party. 2207. Penalties. Any person who shall violate any pro- visions of this title shall be deemed guilty of a misdemeanor (when not otherwise provided in this title) and upon a con- viction thereof shall be fined in a sum not less than twenty dollars nor more than two hundred dollars, or by imprison- ment in the county jail not less than five days nor more than thirty days, or by both such fine and imprisonment. The following sections of the Revised Codes of the State of GENERAL SCHOOL LAW 121 Montana 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890, 891, 892, 893, 894, 895, 896, 897, 898, 899, 901, 902, 903, 904, 905, 906, -907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924. 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 987, 988, 989, 990, 991, 992, 993, 994, 995, 996, 997, 998, 999, 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, and 1044, and Chapters, 11, 22, 27, 28, 31, 32, 35, 73, 98, of the laws of 1909, and Chapters 16, 24, 40, 41, 42, 71, 82, 102 and 131 of the laws of 1911, and all acts heretofore passed amenda- tory thereof are hereby expressly repealed. All acts and parts of acts in conflict herewith are hereby repealed. This Act shall take effect and be in full force and effect from and after its passage and approval. Approved March 12, 1913. 122 STATE OF MONTANA Public School Teachers' Retirement Salary Fund Act CHAPTER 95, SESSION LAWS, 1915. "An Act creating certain funds in the State Treasury to provide for retirement of public school teachers ; providing for the creation of these funds by contributions from teachers, investment of funds, gifts to funds, and appropriations; providing for the custody and management of these funds ; providing for the collection, condition of investment and condition of distribution of the funds; providing for the creation of boards to have charge of the funds, and pre- scribing the duties and powers of such boards; providing for place of meeting of such board ; providing for help and expenditures for such board in meeting and carrying out the provisions of this Act; providing conditions under which teachers may receive distribution of these funds including the amount of time and term of payment." Be It Enacted by the Legislative Assembly of the State of Montana : Section 1. There are hereby established two funds in the State Treasury to be known, respectively, as the Public School Teachers' Retirement Salary Fund and the Public School Teachers' Permanent Fund. The Public School Teach- ers' Permanent Fund shall be made up of all moneys received from the following sources or derived in the following man- ner: (1) All contributions made by teachers as hereinafter provided : (2) The income and interest derived from the invest- ment of the moneys contained in such fund: (3) All donations, legacies, gifts and bequests which shall be made to such fund, and all moneys which shall be obtained or contributed for the same purposes from other sources; (4) Appropriations made by the State Legislature from time to time to carry into effect the purposes of this Act. Section 2. The Public School Teachers' Retirement Salary Fund shall be made up of such moneys as shall be transferred from time to time, under authority of this Act, from the Public School Teachers' Permanent Fund. GENERAL SCHOOL LAW 123 Section 3. It shall be the duty of the State Treasurer when notified by the Public School Teachers' Retirement Salary Fund Board, or by the State Superintendent of Public Instruction, under authority of this Act, to make such trans- fers of such amounts from the Public School Teachers' Per- manent Fund to the Public School Teachers' Retirement Sal- ary Fund, as will be sufficient to meet the claims which may be legally drawn against said Public School Teachers' Re- tirement Salary Fund. Section 4. There shall be deducted from the salary of every teacher subject to the provisions of this Act, one dol- lar from the compensation paid to such teacher for every month for which such teacher receives compensation, and every official whose duty it is to pay such teacher's salary shall make said deduction at the time of payment and shall at the end of each quarter draw a warrant in favor of the State Treasurer for the amounts deducted. The amounts thus deducted shall be deposited in the State Treasury to the credit of the Public School Teachers' Permanent Fund, and shall constitute a part thereof. Section 5. No person shall be eligible to receive the bene- fits of this Act who shall not have paid into said Public School Teachers' Permanent Fund an amount equal to twelve dollars for each year of service, up to and including twenty- five years; provided, however, that the difference between the amount actually paid by such teacher of twenty-five years' service and three hundred dollars may be paid into said fund by such teacher at the time of retirement, with the same effect as if the full sum of three hundred dollars had been paid at rate of twelve dollars per year before re- tirement ; or the sum of twenty dollars per month be withheld from such teacher's retirement salary until the amount so withheld shall equal the difference between the said sum of three hundred dollars and the amount theretofore paid into said fund by such teacher. Section 6. The Superintendent of Public Instruction, the Treasurer, and the Attorney General of the State of Montana, shall constitute the Public School Teachers' Retirement Sal- ary Fund Board. Section 7. The Public School Teachers' Retirement Salary Fund Board, subject to the provisions of this Act, shall have power and it shall be its duty: 124 STATE OF MONTANA (1) To approve and allow retirement salaries to public school teachers and certain school officers entitled to the same under the provisions of this Act. (2) Through one of its members designated by it for that purpose, to certify all claims and demands against the Public School Teachers' Permanent Fund and the Public School Teachers' Retirement Salary Fund, including all re- tirement salary demands to the State Board of Examiners, who shall audit same and direct the State Auditor to draw his warrant therefor upon the State Treasurer, payable out of said fund; provided that no demand shall be allowed ex- cept after resolution duly passed at a meeting of the Board by a majority of its members, which adoption shall be at- tested by the secretary. (3) To require the boards of education, school trustees and other public authorities, and all officers having duties to perform in respect to the contributions by teachers to said permanent fund, to report to the Board from time to time as to such matters pertaining to the payment of such con- tributions as it may deem advisable. (4) To invest the moneys in the permanent fund in secur- ities, and to collect the income therefrom and interest and dividends thereon; to deposit such securities with the State Treasurer, and to make sale of such securities when in its judgment such sale will be advisable; provided that none of the moneys in the Public School Teachers' Permanent Fund shall be invested in any securities except such as are legally designated for investment of the public school fund. All bonds, mortgages, and other securities shall be deposit- ed with and remain in the custody of the State Treasurer, who shall collect all interest due thereon, and all the income therefrom, as the same shall become due and payable. The State Auditor is authorized to draw his warrant upon the Public School Teachers' Permanent Fund in payment of duly audited claims arising out of the investment of the moneys in such fund. (5) To appoint a secretary from the office force of the State Superintendent of Public Instruction and prescribe the duties of such secretary. (6) To conduct investigations in all matters relating to the operation of this Act, and to subpoena witnesses and com- GENERAL SCHOOL LAW 125 pel their attendance to testify before it in respect to such matters. Section 8. Said Public School Teachers' Retirement Salary Fund Board shall meet at least once every three months and at such quarterly meeting shall make a list of all persons entitled to payment out of the fund established by this Act, and enter said list in a book to be kept by the Board for that purpose, to be known as the "Public School Teachers' Re- tirement Salary Fund Record." Said list shall be certified as correct by the chairman and secretary of the Board, and shall always be open to public inspection. In the performance of the duties of the Board each member and secretary there- of may administer oaths and affirmations to witnesses and others transacting business with the Board. Section 9. The said Public School Teachers' Retirement Salary Fund Board shall hold its meetings at the office of the State Superintendent of Public Instruction. It shall be en- titled to the use of the offices of the said State Superin- tendent, who is empowered to employ such additional help and make such expenditures for stationery, stamps, etc., as may be necessary for the creation, maintenance and enforce- ment of this Act, for which the Legislature shall be requested to make such appropriations as may from time to time be deemed necessary. Section 10. The board shall make rules and regulations not inconsistent with the provisions of this Act, which shall have the force and effect of law. Such rules and regulations shall: (1) Provide for the conduct and regulation of the meet- ings of the Board and the operation of the business thereof: (2) Provide for the enforcement and carrying into effect of the provisions of this act; (3) Establish a system of accounts, showing the condi- tion of the Public School Teachers' Permanent Fund and the Public School Teachers' Retirement Salary Fund, and re- ceipts and disbursements for and on account of said funds ; (4) Prescribe the form of warrants, vouchers, receipts, reports and accounts to be used in respect to said funds; (5) Regulate the duties of boards of education, school trustees and other school authorities, imposed upon them by this Act, in respect to the contribution by teachers to the 126 STATE OF MONTANA Public School Teachers' Permanent Fund, and the deduction of such contributions from the teachers' salaries. Section 11. In addition to the powers hereinabove enum- erated said Board shall make and enforce all necessary and proper rules and regulations for the method or methods of applying for and obtaining retirement salaries provided for in this Act, and for the method or methods of determining the right of each applicant to such retirement salary; pro- vided, however, that in all cases legal proof of all necessary facts shall be required and kept on file. Section 12. The County Superintendent shall report to the State Superintendent of Public Instruction, before the fifteenth day of July of each year, the names of all persons claiming and the amount that will be required during the current fiscal year to pay the retirement salaries to be paid in such district or county, and said State Superintendent of Public Instruction shall determine from saia reports the entire amount required to pay said retirement salaries during said fiscal year. He shall report the amount required to make such payments to the Public School Teachers' Re- tirement Salary Fund Board, and thereupon after verifying or correcting same, said Board shall notify the State Treasurer, and by resolution, duly adopted, shall direct him to make transfer of the needed amount from the Public School Teach- ers' Permanent Fund to the Public School Teachers' Retire- ment Salary Fund. It shall be the duty of the State Treas- urer thereupon to make such transfer. When claims for pay- ment of retirement salaries have been duly audited under the provisions of this Act, the State Auditor shall draw his warrant therefor upon the said Public School Teachers' Re- tirement Salary Fund; provided, that no retirement salary, under the provisions of this Act, shall be paid on or before the first day of January, -1919. Section 13. Every public, state or county school teacher who shall have served as a legally qualified teacher in public, state or county, day or evening schools or partly as such teacher and partly as state or county or city sup- erintendent or supervising executive or educational admin- istrator for at least twenty-five school years at least fif- teen of which shall have been in the schools, as hereinbefore specified, of this State, including the last ten years of actual service unless leave of absence shall have been granted by GENERAL SCHOOL LAW 127 proper school authorities, shall be entitled to retirement, no time included in such leave of absence to be reckoned as time of service. Upon retirement such teacher shall be entitled to receive during life an annual retirement salary of Six Hundred ($600.00) Dollars, payable in installments quarterly by warrants drawn as provided in this Act. Provided, the teachers in the service of the State at the time of the passage of this Act, who shall have served in states other than this, shall, at the end of twenty-five years' service the last ten of which shall be in this State as herein- before provided, be entitled to the benefits of this Act. Section 14. Any legally qualified public state, or county school teacher who shall have served as such or in the capacity of school officer as hereinbefore specified for at least fifteen school years in the public schools or school of- fices as specified above, of this State, and who shall, by rea- son of bodily or mental infirmity, have become physically or mentally incapacitated for further school service, shall be entitled to retire, or may, by the Board of Education, school trustees or other school authorities employing such teacher, be compelled to retire. Upon such retirement, voluntary or involuntary, such teacher shall be entitled to receive, during the periods of such disability, an annual retirement salary, which shall bear the same proportion to Six Hundred ($600.00) Dollars as is borne by the number of years of said teachers' time of service to twenty-five years. Section 15. In counting the actual time of service for the purpose of this Act, the Public School Teachers' Retirement Salary Fund Board shall determine what constitutes a school year. Section 16. This Act shall be binding upon all teachers employed in the public, state or county schools of this State at the time of the approval of this Act, as shall on or before January 1st, 1916, sign and deliver to the Superintendent of Public Instruction, or to the County Superintendent, a notifi- cation that said teachers agree to be bound by and avail them- selves of the benefits of this Act. Section 17. This Act shall be binding upon all teachers elected or appointed to teach in the public schools of this State after the approval of this Act, who, not being in the service of the public schools at the time of the approval of I 128 STATE OF MONTANA this Act, were not competent to sign or deliver the notifica- tion specified in the preceding section. Section 18. If any teacher retired under the provisions of this Act, shall be re-employed in the public schools of this or of any other state, such teacher 's retirement salary shall not be paid for or during such period of employment; and if any teacher having qualified under Section 14 of this Act, returns to service in the public schools of the State and thereafter qualifies under this Act, there shall be deducted from the retirement salary payable to such teacher under the provisions hereof the amount of retirement salary there- tofore actually received by such teacher under the provisions hereof, such amount to be so deducted in equal quarterly in- stallments until the whole amount so received shall have been deducted; provided, however, that the amount of such de- ductions to be made quarterly shall not exceed thirty-five dollars. Section 19. No one shall be permitted to draw from the State, directly or indirectly, more than one retirement salary. Nothing in this Act shall be so construed, however, as to pre- vent local communities or bodies of teachers from supple- menting the retirement salary received from the State. Section 20. Should the courts declare any section of this Act unconstitutional or unauthorized by law or in conflict with any other provision of this Act, then such decision shall affect only the section or provision so declared to be uncon- stitutional or void, and shall not affect any other section or part of this Act. Section 21. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. Section 22. This Act shall be in full force and effect from and after its passage and approval. Approved March 8, 1915. GENERAL SCHOOL LAW 129 INDEX A. Sec. Page Agent, school officers not to act as 2203 120 Agriculture, teacher, certificate of 800-2, 905-le 58, 66 Air, amount of in school houses 1602 81 Apparatus, shall not be purchased in district of the third class, unless authorized by the County Superintendent. .. .513, 2204 52, 120 Appeal, by teacher when dismissed 805 61 Appeal from decision of County Superintendent 202-10, 302-11 25, 29 Appeal on examination papers 905-3 66 Apportionment County School Fund 302-9, 404, 607, 2003 28, 33, 54 i>6 Apportionment state school fund 202-12 25 Apportionment, transfer of from one district to another 507-5 47 Arbor Day 1401 79 Architecture, school house 1601 81 Assessor, county, duty of 2011 99 Attendance, compulsory 1100 71 Attorney, county, duty of 2206 120 B. Blanks furnished by State Superintendent 202-2 23 Board of Education, State, Chapter I. Board of Educational Examiners 901-904 63 Bonds, how issued ; ^015 100 Bonds, county high school 2109 116 Bonds, disposal of proceeds of 2031 109 Bonds, election for 2016 100 Bonds, notice of sale of ' 2017 101 Bonds, printing of 2023. 2036 104, 110 Bonds, redemption of 2020, 2034 102, 107 Bonds, refunding 2030 107 Bonds, school district liable on 2018, 2030 101, 107 Booivs, library, selection of 1205, 78 Borrowed money for maintenance of schools 2025 104 Boundaries, school districts, how changed 406 36 Boundaries, school districts, shall be correctly kept by County Superintendent 302 29 Building and furnishing fund 2007 98 C. Care of school houses 1606 82 Census, scnool 302-15, 512 30, 51 Certificate, credit on for summer school work 1006-3 71 Certificate, commerd'al teacher 800-3, 905-le 58, 66 Certificates, examinations for teachers, Chapter 1^. By Board of Educational Examiners .. 905 64 Existing validated 909 67 Fees for 905-2 b6 Higher grade, how secured 907 67 Life diplomas 108 19 Principals' and high school teachers' 910 68 Registration of 800-3, 905-le t>9, 66 Renewal of 906, 909 67 Revocation of 1 08-4, 905-4 20, 66 Second, first and professional grade 905-1 64 Shall be held by teachers 800 58 opecial 800-3, 905-1, 58, 64 State 108 19 State, registration of 108-3 20 Teachers', suspension of 806 52 Temporary or permits 202-14, 302-4, 905-ld 26, 28, 65 130 STATE OF MONTANA Sec. Page Charts anu ouier apparatus, shall not be purchased by dis- tricts of third class, unless authorized by County Superin- tendent ju3, 2204 52, 120 Children between fourteen and sixteen, employment of 1102 73 Children, pauper 1108 76 Children, paroled 1905 92 Children under fourteen, employment prohibited 1101 72 City Superintendent of Schools, Chapter XV. Clerk, board school trustees, duties of 512 50 Appointment of 504 45 Vacancy 502-8 44 Clerk, district court, duty of 2012 99 Clerks, duties or relative to trustees 1104 74 Clerks, school districts to report as to use of prescribed text books 1810 90 Clerk to county superintendent 302-19 3U Clothing for pupils in industrial school, parents to provide 1903 92 Commission, Text Book, Chapter ; XVIII. Commitment to Industrial School 1107 76 Communicable diseases, prevention of, instruction in 612 56 Compensation of school trustees 503 45 Compulsory attendance, Chapter XI. Consolidated districts 407 37 Contracts, trustees not to be 'interested in 509 49 Controversies, school 302-11 29 corporal punisnment, how administered *. 803-6 61 County attorney, duty of 2206 120 County Board of Educational Examiners 900-904 62 County high schools, Chapter XXI. Diploma admits to state collegiate institutions 2107 116 Establishment of 2101 111 Principal 2104, 2106 113, 115 Relation to district hligh schools 2112 118 Tax levy 2108 116 Trustees 2104 113 County Superintendent of Schools, Chapter III. Appeals from decisions of 202-10, 302-11, 404-1, 405-1, 406 25, 29, 33, 35, 37 Duties of 302 27 Election of 302-2 2+_ Qualifications of 300-1 2? Shall act as truant officer 302-8 28 Shall hold trustees' meetings 302-3 28 Shall keep office open 5 days per month 302-18 30 Shall visit schools 302-2 27 Term of 300-3 27 Vacancy in office 300-5 27 Course of study in elementary schools 601 52 Course of study preparation of 202-8 24 Credits, normal school allowed 908 67 D. Day, school 605 53 Dismissal of teacher 805 b I Disorderly persons, juvenile 1106 Disputes, school, by whom settled 302-11 29 District boundaries, how changed 406 36 District, classification of 401 31 Districts, consolidated 407 37 Districts, joint 408 3U District denned 400 31 District, division of, having more than one school house 405 34 District new, organization of 404 32 GENERAL SCHOOL LAW 131 Sec. Page District created, when 403 Domestic science teacher, certificate of 800-3, 905-1-e 58, 66 Drawing teacher, certificate of 800-3, 905-1-e, 58, 66 Drill, fire 610 54 Duties, City superintendent schools 1502 80 Clerk district court 2012 99 Clerk, school trustees 512 50 County assessor 2011 99 County attorney 2206 120 County treasurer 1603, 2010 81, 98 Justice of peace 2013 99 State Board of Education 106 15 School trustees 508 47 Superintendent Public Instruction 202 23 Teachers 803 60 Truant officers 1103 73 E. Education, Industrial Chapter XVII. Educational, Examiners, County Boards of 900 62 Educational, Examiners, appeal from 905-3 66 Election, County Superintendent of Schools 300 27 On bonds 2015, 2016 100 On proposition to supply free text books. ., 1811 90 On transferring school funds 2009 98 Special, trustees may call 507-6 47 Superintendent of Public Instruction 200 22 School, expenses of , 502-12 45 School trustees .. ... 502 39 To locate school houses 1600 80 To build or remove school houses 508-8, 1600 48, 80 Electors of Trustees, qualifications of 502-10 44 Elocution teacher, certificate of 800-3, 905-1-e 58, 66 Employment of children between fourteen and sixteen 1102 73 Employment of children under fourteen prohibited 1101 72 Essays on Pioneer History 1400-3 78 Establishment of county high school 2101 111 Examiners, County Board of Educational 900 62 Examinations, county certificates, Chapter IX. Eightn grade 106-4 15 Teachers 900 62 Teachers, special 900 62 Papers, appeal on 905-3 66 Questions, preparation of 202-11 25 Existing certificates validated 909 67 Expenses of institutes and summer schools 1007 71 Expenses, Superintendent Public Instruction 204 26 County Superintendent 303, 304 31 School elections 502-12 45 Expulsion of pupils 508-10 48 F. Fees for certificates : 905-2 66 Finance, Chapter XX. Fire Dangers, instruction in 611 55 Fire Drill 610 54 Flags shall be provided 508-21 49 Floor space, amount of in school houses , 1602 81 Fraternities, secret 701 57 Free text books (See Text Books). Fund, building and furnishing 2007 98 Funds, institute and summer school , 1005 70 Fund, Library 1200 77 132 STATE OF MONTANA G. Sec. Page Gender, application of 2200 119 Grounds school, requirements ' 1600 80 H. High Schools, Chapter XXI. Accrediting 106-4, 2112 15, 118 District, may be established 507-2, 603 46, 53 District, relation to county high school 2112 118 District, who may attend 604 53 High school teachers' certificates 910 68 High school teachers exempt from institute 1004 70 Holidays, legal . ., 807, 1300 62, 78 1. Incorrigibles 1907 93 Indebtedness, public 11 Industrial schools, Chapter XIX. Industrial school, commitment to 1107 76 Industrial Education, Chapter XVII. Institutes and Summer Schools, Chapter X. Rules for 202-9 _"> / Instructors in :>n:.>-f.i. :',2-7 Library lists, preparation of 202-13 26 Light in school houses 1602 81 M. Manual Training teacher, certificate 01 800-3, 905-1-e, 58, 66 Maps and other apparatus shall not be purchased in districts of third class unless authorized by county superintendent 513, 2204 52, 120 Meeting of school trustees 505 45 Misdemeanor, by school trustees . . . : 511 50 Money borrowed for maintenance of school 2025 104 Month, school 606, 807 53, 62 Music teacher, certificate of SOO-3. 905-1-e 58, 6H N. Night Schools 507-4 47 Nomination Trustees, districts of first class 502-3-a 40 Districts of second and third class 502-2-a 40 Normal college, graduates entitled to teach 108-2-(b) ly Normal school credits on county certificate 908 67 GENERAL SCHOOL LAW 133 Sec. Page Notice of sale of bonds 2017 101 Notice to bondholders of redemption 2021 103 Number of school trustees 501 39 O. Oath, county superintendent of schools 300-4 27 Memoers State Board of Education 102 14 Of office 2205 120 Superintendent Public Instruction 200, 22 Trustees 502-5 43 Voters 502-11 44 Officers, school, not to act as ' agents 2203 120 organization of board of trustees 504 45 Organization of new school district 404 32 P. Parents to provide clothing for pupils of industrial schools.... 1903 92 Paroled children 1905 92 Pauper children 1108 76 Penmanship, teacher, certificate of 800-3, 905-1-e 58, 66 Permanent school fund 2000 95 Permits 201-14, 905-1-d 26, 65 Physical culture, teachers' certificate of 800-3, 905-1-e 58, 66 Pioneer Day 1400 78 Pioneer History, Essays on 1400-3 78 Plans, suggestive for school houses 1604 82 Powers, board of school trustees 507 46 Teachers 802 59 Truant officers 1103 73 School district as body corporate 402 31 Staie Board of Education 106 15 Superintendent Public Instruction 201 23 Prevention of communicable diseases Instruction in 612 56 Prevention of fires, Instruction in 611 55 Price list of text books to be printed, attributed 1808 89 Primary teacher, certificate of 800-3, 905-1-e 58, 66 Principals' certificates 910 68 Principal, county high school 2104-7-(d), 2106 114, 115 Principals, duties of, relative to truants 1104 74 Printing and binding 2202 119 Printing bonas 2023 104 Privies 508-19 49 Prosecution of truants 1105 74 Publictaions, sectarian prohibited 609 54 Punishment, corporal, how administered 803-6 61 Punishment of pupils by teacher 804 61 Pupils, Chapter VII. Pupi.s, Punishment by teacher 804 61 Purchase of charts, maps ana apparatus 2204 120 Q. Qualification city superintendent of scnools 1501 80 County superintendent of schools 300-1 27 (Electors bu_-10 44 School trustees 500 39 Superintendent Public Instruction 200 22 Teachers 800 58 Teachers, county high school 2lo4-7-(d) 115 Quorum of Board of School trustees , . . . . 506 .46 R. Redemption of bonds 2020, 2034, 102, 109 Refund county high school moneys to District High Schools.. 2112 liS Registration of certificates 800-3, 905-1-e 58, 66 134 STATE OF MONTANA Sec. Registration of voters in third class districts 502-10 Religious tests Renewals of certiiicates 906, 909 Reports, Clerk of District Court 2012 Library 1204 County Assessor 2011 County Superintendent 302-17 County Treasurer 2010 Justice of the Peace 2013 Trustees 508-15, 16 Teachers 803-3 Revocation of certificates 905-4 Road funds, transfer of 2005 Rules, library 1204 Rural, school -inspector 201-2 S. Sale of bonds, notice of 2017 Schools, Chapter VI. School districts, Chapter IV. School district division of, having more than one school house 405 School district, organization of new 404 School district, when may be created 403 School fund permanent 2000 School grounds, requirements of 1600 School house architecture 1601 School houses, care of 1606 School houses, floor space, air, light, in 1602 School house sites 507-6, 1600 School houses, vestibules in 1605 School houses, water supply and toilet accommodations. .508-19, 1607 49, Schools, Industrial, Chapter XIX. School laws 202-5 School levy, common 2001 School Libraries, Chapter XII. Schools maintenance of, in isolated sections 608 School, summer 1006 School trustees, Chapter V. School, who may attend 604 Secret fraternities 701 Sectarian publications prohibited 609 Sites, school house 1600 Sites of industrial school , 1901 Special days not holidays. Chapter XIV. Special elections, trustees may call 507-6 State Board of Education, Chapter I. State Board of Examiners 110 Studies prescribed for elementary schools 601 Summer schools 1006 Credits applied on certificates 1006-3 Expense of 1007 Summer scnools and Institutes Chapter X. Superintendent of Public Instruction, Chapter li. Superintendent of Schools, Chapter XV. Superintendent of Schools, Countv, see County Supt. of Schools. Superintendent of schools, qualifications and duties of 1501, 1502 Superintendent of schools, tenure of 1500 Supplies, trustees not to be interested in furnishing of 509 Suspension of pupils 508-10, 802 48, Suspension of teachers' certificates 806 3o UNIVERSITY OF CALIFORNIA LIBRARY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO SO CENTS ON THE FOURTH DAY AND TO $1.OO ON THE SEVENTH DAY OVERDUE. OCT 111937