L B 
 
 IRLF 
 
 School Laws 
 
 OF THE STATE OF 
 
 MISSISSIPPI 
 
 
 ENACTED BY THE LEGISLATURE 
 
 W. F. BOND 
 
 Slate Superintendent of Education 
 1922 
 
GIFT OF 
 
SCHOOL LAWS 
 
 OF THE 
 
 STATE OF\MISSISSIPPI 
 
 W. F. BOND 
 
 State Superintendent of Education 
 
 1922 
 
 The Issue Print, Jackson, Mis 
 
^ 
 
 Biographical Sketches of State Superinten- 
 dents of Education 
 
 Prepared bij JAS. W. BROOM, 
 Assistant State Supt of Education^ (fl 
 
 The first State Superintendent of Education was 
 HENRY R. PEASE. He was born in Connecticut, February 
 19th, 1835. After receiving a liberal education he taught 
 for eleven years. He entered the Union Army as a private 
 and rose to the rank of Captain. Mr. Pease served as 
 Superintendent of Education in Louisiana while that State 
 was under military rule, and later was appointed Superin- 
 tendent of Education of Freedmen in Mississippi. He was 
 elected Superintendent of Education on the ticket with Al- 
 corn in 1869, and upon him devolved the duty of organizing 
 the system of free schools. His competency was never 
 questioned, but he failed to satisfy the demands of the col- 
 ored race for office, and was set aside. He afterwards 
 served in the United States Senate for a short time. 
 
 The successor of Mr. Pease was THOMAS W. CARDOZA, 
 a negro, who, at the time of his election in 1873, was under 
 indictment for malfeasance in office while circuit clerk in 
 Warren County. In 1876, on account of misappropriation 
 of school funds, he was impeached, but was allowed to re- 
 sign. 
 
 Governor Stone appointed as Cardoza's successor 
 THOMAS S. GATHRIGHT. Mr. Gathright. was educated at 
 Tutwiler, Alabama, and at the time of his appointment as 
 State Superintendent, was principal of the Somerville In- 
 stitute, Gholsen, Noxubee County, Mississippi. Senator A. 
 J. McLaurin, Dr. A. G. McLaurin, Judge John Enochs, D. 
 M. Mayers, and many other prominent Mississippians, at- 
 tended this Institute. Superintendent Gathright was not 
 a candidate for re-election and immediately following the 
 expiration of his term of office, accepted the presidency of 
 the Agricultural and Mechanical College at Bryan, Texas, 
 which position he held with credit until his death. 
 
BIOGRAPHICAL SKETCHES 3 
 
 The fourth man to hold the office of State Superin- 
 tendent of Education was DR. JOSEPH BARDWELL. He was 
 born in Hereford County, North Carolina, in 1828. When 
 he was only three or four years old, his father moved to Ok- 
 tibbeha County, Mississippi. After attending school at 
 Viney Grove Academy, Lincoln, County, Tennessee, and 
 later at Louisville, Mississippi, he entered the College of 
 New Jersey, at Princeton, and was graduated in 1847. Dr. 
 Bardwell was licensed and ordained to preach at Philadel- 
 phia, Mississippi, in 1853, and at the time he became State 
 Superintendent of Education, he was pastor of the First 
 Presbyterian Church at Meridian. He was Moderator of 
 the Synod of Mississippi in 1881, became a member of the 
 Faculty of the Southern Presbyterian University in 1888, 
 and in 1892, president of Florence Female College, at Flor- 
 ence, Alabama. After a career of singular usefulness, Dr. 
 Bardwell died at Starkville, Mississippi, Sept. 22nd, 1893. 
 
 In January, 1878, GENERAL JAMES ARGYLE SMITH be- 
 came State Superintendent of Education. General Smith 
 was a native of Tennessee , and was appointed to the United 
 States Military Academy from Mississippi in 1849. After 
 his graduation from the Academy, he was on duty with the 
 United States Army in the West until 1861, when he resign- 
 ed to accept a commission as Captain in the Confederate 
 Army. He was a gallant soldier and won rapid promotion. 
 When General Cleburne was killed at Franklin, Tennessee, 
 Smith succeeded to the command of his division. After the 
 war he returned to Mississippi and engaged in farming un- 
 til elected Superintendent of Education for the State. 
 
 JAMES R. PRESTON was born in Virginia, January 
 22nd, 1853. He was educated at Georgetown University 
 and at Emory and Henry College, Virginia, and after teach- 
 ing one year each in Tennessee and Indiana, moved to Mis- 
 sissippi in 1875. He taught in Noxubee County, at Oko- 
 lona, and dt Water Valley. He was elected Superintendent 
 in 1885, and served until 1896. His administration of of- 
 fice was distinguished by many reforms in method and by a 
 general increase in interest in educational work among 
 other things he introduced uniform written examinations 
 for teachers, and also secured the passage of laws requir- 
 ing County Superintendents to inspect schools and arrange 
 and manage institutes for teachers. Upon retiring to pri- 
 
 525:177 
 
4 BIOGRAPHICAL SKETCHES 
 
 vate life, Mr. Preston studied at Edinburgh, Scotland, and 
 later was President of Stanton College, Natchez, Mississip- 
 pi, and Belhaven College, Jackson, Mississippi. 
 
 ANDREW A. KINCANNON was born in Noxubee County 
 and attended school in Lee County. From Verona High 
 School he went to the State University. Later, he went to 
 Lebanon, Ohio, to the Normal University. He served as a 
 member of the A. & M. College Faculty, and was later Su- 
 perintendent of City Schools at Meridian. He was elected 
 State Superintendent in 1895. Under his direction the 
 State Board of Examiners was created. He became Presi- 
 dent of I. I. & C. in 1898, in which position he remained un- 
 til 1907, when he was elected to and accepted the Chancellor- 
 ship of the University of Mississippi. Mr. Kincannon is 
 at present president of the West Tennessee Normal School. 
 
 Governor McLaurin appointed as Mr. Kincannon's suc- 
 cessor HENRY L. WHITFIELD. Mr. Whitf ield was born near 
 Brandon, Mississippi, January 20th, 1868. He attended 
 Fannin'High School, Rankin County, under Dr. L. T. Fitz- 
 hugh, and later Mississippi College, from which institution 
 he was graduated in 1894. He was Principal of School at 
 Westville, and at Steen's Creek. He became State Super- 
 intendent of Education in 1898, was elected in 1899, and re- 
 elected in 1903. In 1907 Mr. Whitfield was elected Presi- 
 dent of M. S. C. W. 
 
 JOSEPH NEELY POWERS was born March 15th, 1869, at 
 Havana, Hall County, Alabama. His father was a pioneer 
 Methodist preacher, and was Chaplain in the Confederate 
 Army. Mr. Powers attended County School at Bladen, 
 Alabama, and also Livingston Academy and Tuskegee Mili- 
 tary University. He began his collegiate course at South- 
 ern University, and later studied at University of Chicago, 
 receiving the M. A. degree. He was Superintendent of 
 City Schools at West Point, Mississippi, when Governor 
 Vardaman appointed him State Superintendent of Educa- 
 tion, and later elected by the people. Mr. Powers was elect- 
 ed Chancellor of the State University in 1914. 
 
 WILLIAM H. SMITH, "Corn Club" Smith, was born 
 near Vernon, Lamar County, Alabama, in 1866. He ob- 
 tained his early education in Lamar County, Alabama, and 
 in Clay County, Mississippi. He received his high school 
 training at Cairo, Mississippi, under W. A. Belk. Later, 
 
BIOGRAPHICAL SKETCHES 5 
 
 he entered the luka Normal Institute and was graduated in 
 1889. Mr. Smith taught at Ackerman, Eupora, and Du- 
 rant, and served as County Superintendent in Holmes 
 County, from 1906 to 1910, and was the originator of 
 Boys' Corn Club Work in Mississippi. In 1910 he became 
 State Rural School Supervisor. He was appointed State 
 Superintendent of Education in September, 1914, was elect- 
 ed in 1915, and was made President of A. & M. College In 
 1916. 
 
 W. F. BOND, the present incumbent of the office of 
 State Superintendent of Education, is a native of Missis- 
 sippi, having been born in the rural districts of Harrison 
 County, February 22nd, 1876. He was appointed to the 
 State Superintendency by Governor T. G. Bilbo September 
 15th, 1916. After acquiring a common school education, 
 and after teaching in the rural public schools for a period 
 of five years, he matriculated in Peabody College, Nashville, 
 Tennessee, where after a course of study extending through 
 four years he was graduated with a degree of Bachelor of 
 Arts. On completing his college course, he returned to his 
 native State, and served as teacher in various capacities, 
 conspicuous positions held by him being the principalship 
 of the High School at Wiggins, Mississippi, and the Chair 
 of History and Latin in the Mississippi Normal College. 
 The latter place he filled most acceptably for four years, 
 and it was from this position that he was elevated to the 
 State Superintendency of Public Education. With little or 
 no resources at his command and against adverse circum- 
 stances of formidable character, he has by dint of unremit- 
 ting endeavor and will power, forged his way from an ob- 
 scure beginning to a position of importance and leadership. 
 During his six years' tenure of this office, he has shown an 
 unusual grasp of the State educational system ; and by bet- 
 ter organization and administrative methods, he hopes to 
 make the common schools more effective and to bring them 
 to a larger service of the people. His ambition is to have 
 a first class public school in every community and to carry 
 high school advantages to all the boys and girls of the com- 
 monwealth. As State Superintendent of Education, he is 
 ex officio a member of the Board of Trustees of all the State 
 Colleges, whereon he serves with ability and strives in ev- 
 ery laudable way to promote higher education in the State 
 and thus to round out a continuous and harmonious system 
 of public education. 
 
6 STATE OFFICERS 
 
 STATE OFFICERS 1920-21-22-23 
 
 LEE M. RUSSELL Governor 
 
 H. H. CASTEEL Lieutenant Governor 
 
 Jos. W. POWER Secretary of State 
 
 FRANK ROBERSON Attorney General 
 
 DR. WM. M. MURRY : Treasurer 
 
 W. J. MILLER Auditor Public Accounts 
 
 W. F. BOND State Superintendent of Education 
 
 T. M. HENRY Insurance Commissioner 
 
 WM. J. BUCK Supreme Court Clerk 
 
 R. D. MOORE Land Commissioner 
 
 STOKES V. ROBERTSON Revenue Agent 
 
 P. P. GARNER .Commissioner of Agriculture 
 
 BRICE ALEXANDER R. R. Commissioner 1st District 
 
 C. M. MORGAN R. R. Commissioner 2nd District 
 
 W. B. WILSON R. R. Commissioner 3rd District 
 
 W. A. MONTGOMERY , Prison Trustee 1st District 
 
 J. F. THAMES Prison Trustee 2nd District 
 
 L. Q. STONE Prison Trustee 3rd District 
 
 E. F. ANDERSON Bank Examiner 1st District 
 
 J. B. SALMOND :Bank Examiner 2nd District 
 
 S. W. WARDLAW Bank Examiner 3rd District 
 
 F. R. BlRDSALL Tax Commissioner 1st District 
 
 THAD W. JORDAN Tax Commissioner 2nd District 
 
 DUNCAN L. THOMPSON Tax Commissioner 3rd District 
 
 ERIE C. SCALES Adjutant General 
 
 MRS. W. F. MARSHALL State Librarian 
 
 DR. DUNBAR RowLAND..Director Dept. Archives and History 
 
 SUPREME COURT JUDGES. 
 
 1st District SYDNEY SMITH (Chief Justice) Jackson 
 
 1st District GEO. H. ETHRIDGE Jackson 
 
 2nd District JOHN BURTON HOLDEN Jackson 
 
 2nd District W. H. COOK Jackson 
 
 3rd District EUGENE OCTAVE SYKES Jackson 
 
 3rd District W. D. ANDERSON.... Jackson 
 
 STATE DEPARTMENT OF EDUCATION. 
 
 W. F. BOND Superintendent 
 
 Miss IVY HICKS Secretary 
 
STATE OFFICERS 7 
 
 J. W. BROOM Assistant Superintendent 
 
 MRS. J. W. BROOM Chief Clerk 
 
 EM. SHELTON Secretary 
 
 J. T. CALHOUN .Supervisor Rural Schools 
 
 BURA HILBUN .Supervisor Negro Schools 
 
 Miss MARY BETSY MALTBY Secretary 
 
 H. M. IVY Supervisor High Schools 
 
 MRS. G. M. SAMPLE Secretary 
 
 F. J. HUBBARD Director Vocational Education 
 
 D. L. WILLIAMS Supervisor Vocational Agriculture 
 
 P. E. EASOM Supervisor Vocational Agriculture 
 
 SAM E. WOODS Supervisor Industrial Rehabilitation 
 
 MRS. MARY S. BAKER Supervisor Industrial Rehabilitation 
 
 Miss GUYTON TEAGUE Supervisor Home Economics Edu. 
 
 Miss MARY HARPER .Secretary 
 
 MRS. C. H. McCALL Secretary 
 
 STATE BOARD OF EDUCATION. 
 
 W. F. BOND .. Superintendent 
 
 Jos. W. POWER Secretary of State 
 
 FRAN K ROBERSON Attorney General 
 
 A. G. GAINEY Executive Secretary 
 
 Miss ANABEL POWER .Stenographer 
 
 STATE BOARD OF EXAMINERS. 
 
 0. A. SHAW, B. T. SCHUMPERT, 
 
 G. W. HUDDLESTON, President 
 MRS. SUSIE BOND, Secretary. 
 
 TRUSTEES OF 
 
 UNIVERSITY OF MISSISSIPPI, MISSISSIPPI STATE 
 COLLEGE FOR WOMEN, ARICULTURAL AND ME- 
 CHANICAL COLLEGE, AND THE ALCORN AGRI- 
 CULTURAL AND MECHANICAL COLLEGE. 
 
 GOVERNOR LEE M. RUSSELL, President Jackson 
 
 W. F. BOND, State Supt. of Education _ Jackson 
 
 A. B. SCHAUBER, Secretary Laurel 
 
 MRS. ANNA ABBOTT MCNAIR Fayette 
 
 BEE KING Mendenhall 
 
 A. A. COHN Brookhaven 
 
 JOHN W. T. FALKNER, JR Oxford 
 
 J. S. HOWERTON Guntown 
 
 W. C. TROTTER Winona 
 
 J. R. TIPTON (University only) Hernando 
 
8 STATE OFFICERS 
 
 TRUSTEES STATE NORMAL COLLEGE. 
 
 GOVERNOR LEE M. RUSSELL, President Jackson 
 
 W. F. BOND, State Supt. of Education Jackson 
 
 DR. J. D. DONALD Hattiesburg 
 
 FRED B. SMITH Ripley 
 
 J. J. LEE Magnolia 
 
 J. F. BURROW Ruleville 
 
 R. E. L. SUTHERLAND Raymond 
 
 J. LEM SEAWRIGHT Ackerman 
 
 T. W. HARRIS Columbus 
 
 L. P. BROWN ....Meridian 
 
 PRESIDENTS OF STATE INSTITUTIONS. 
 
 J. N. POWERS, Oxford University of Mississippi 
 
 D. C. HULL, Agricultural College 
 
 Agricultural and Mechanical College 
 
 J. C. FANT, Columbus Mississippi State College for Women 
 
 JOE COOK, Hattiesburg State Normal College 
 
 L. J. ROWAN, Alcorn 
 
 Alcorn Agricultural and Mechanical College 
 
 MISSISSIPPI TEXT BOOK COMMISSION. 
 
 SUPERINTENDENT W. F. BOND, ex officio Jackson 
 
 R. E. L. SUTHERLAND, Secretary Raymond 
 
 0. A. SHAW University 
 
 T. A. SEWELL Liberty 
 
 H. L. SIMMONS Scooba 
 
 DAN KEEL Richton 
 
 R. C. MORRIS Starkville 
 
 E. S. SAMUELS Lafayette Springs 
 
 E. B. ALLEN.... ....Ruleville 
 
 MISSISSIPPI AGRICULTURAL HIGH SCHOOL 
 BOOK COMMISSION 
 
 SUPERINTENDENT W. F. BOND, ex officio Jackson 
 
 C. L. NEILL, Secretary Ellisville 
 
 J. G. CHASTAIN Eupora 
 
 J. S. VANDIVER Moorhead 
 
 W. D. GOOCH.... Olive Branch 
 
MISSISSIPPI COUNTY SUPERINTENDENTS 9 
 
 MISSISSIPPI COUNTY SUPERINTENDENTS 
 COUNTY SUPERINTENDENT ADDRESS 
 
 Adams Josephine Fitts Natchez 
 
 Alcorn W. F. Seago Corinth 
 
 Amite I. N. Steele Liberty 
 
 Attala F. R. McKinnon Kosciusko 
 
 Benton W. T. Renz'ck Ashlanu 
 
 Bolivar A. K. Eckles Cleveland 
 
 Calhoun _H. W. Hannaford Ptttsboro 
 
 Carroll D. D. Fullilcve Vaiden 
 
 Chickasaw Geo. D. Riley Houston 
 
 Choctaw C. J. Murphy Ackerman 
 
 Clai borne C. A. McAmis Port Gibson 
 
 Clarke I. R. Brock Quitman 
 
 Clay _S. H. Walker West Point 
 
 Coahoma P. F. Williams .....Friars Point 
 
 Copiah I. Q. Martin .'. Hazlehurst 
 
 Covington Alex Newton Collins 
 
 DeSoto R. E. L. Morgan Hernando 
 
 Forrest J. C. Gay Hattiesburg 
 
 Franklin B. H. Lewis Meadville 
 
 George W. H. Stinson Lucedale 
 
 Greene E . L. Turner Leakes ville 
 
 Grenada M. McKibben Grenada 
 
 Hancock T. E. Kellar Bay St. Louis 
 
 Harrison _R. V. Temming Gulfport 
 
 Hinds -F. M. Coleman Jackson 
 
 Holmes G. H. Love Lexington 
 
 Humphreys _JT. D. Rice Belzpni 
 
 Issaquena -George Robinson Mayersville 
 
 Itawamba H. L. Gillespie Fulton 
 
 Jackson A. L. Flurry Pascagpula 
 
 Jasper J. Q. Ritchie - Bay Springs 
 
 Jefferson . _M. C. Harper Fayette 
 
 Jefferson Davis G. L. Martin Prentiss 
 
 Jones _C. W. Jenkins Laurel 
 
 Kemper _W. W. Shepard DeKalb 
 
 Lafayette _H. T. Smith Oxford 
 
 iLamar . L. T. Williamson Purvis 
 
 Lauderdale 1J. A. Riddell Meridian 
 
 Lawrence _W. L. McGahey Monticello 
 
 Leake _C. K. Waggoner Carthage 
 
 Lee JR. A. Gregory Tupelo 
 
10 MISSISSIPPI COUNTY SUPERINTENDENTS 
 
 COUNTY SUPERINTENDENT ADDRESS 
 
 Leflore L. S. Rogers Greenwood 
 
 Lincoln L. P. May Brook'haven 
 
 Lowndes E. A. Stanley Columbus 
 
 Madison R. E. Hinton Canton 
 
 Marion H. F. Patterson Columbia 
 
 Marshall. C. H. Curd Holly Springs 
 
 Monroe ~H. G. Howell Aberdeen 
 
 Montgomery .L. E. Townsend Winona 
 
 Neshoba R. C. Peebles Philadelphia 
 
 Newton E. H. Reynolds Decatur 
 
 Noxubee J. G. Chandler Macon 
 
 Oktibbeiha ~C. E. Scroggins Starkville 
 
 Panola J. E. Johnson Batesville 
 
 Pearl River -C. E. Bass Poplarville 
 
 Perry L. D. Young New Augusta 
 
 Pike -S. W. Simmons Magnolia 
 
 Pontotoc W. C. Henry Pontotoc 
 
 Prentiss -J. W. Taylor Booneville 
 
 Quitman -F. M. Bizzell Marks 
 
 Rankin -H. P. Barksdale Brandon 
 
 Scott -0. D. Loper .7. Forest 
 
 Sharkey -J. N. Hall Rolling Fork 
 
 Simpson -T. A. Williamson Mendenhall 
 
 Smith Allen Caughman Raleigh 
 
 Stone Buren Broadus Wiggins 
 
 Sunflower W. P. Sanders Indianola 
 
 Tallahatchie J. W. McCulloch Charleston 
 
 Tate Ira G. Allen .Senatobia 
 
 Tippah ..J. E. Pearce Ripley 
 
 Tishomingo -J. 0. Epps luka 
 
 Tunica ! W. G. Jaquess Tunica 
 
 Union -E. Blizzard New Albany 
 
 Walthall _J. J. Lee Tylertown 
 
 Warren J. H. Culkin Vicksburg 
 
 Washington ..B . L. Hatch ..Greenville 
 
 Wayne J. M. Wilkins Waynesboro 
 
 Webster Z. V. Sugg Walthall 
 
 Wilkinson J. C. Day Woodville 
 
 Winston E. C. Lovern Louisville 
 
 Yalobusha C. A. Lawshe Water Valley 
 
 Yazoo T. J. White ....Yazoo City 
 
CONSTITUTION OF MISSISSIPPI 11 
 
 Constitution of Mississippi 
 
 ARTICLE VII. 
 Education. 
 
 Section 201. It shall be the duty of the legislature to en- 
 courage, by all suitable means, the promotion of intellectual, 
 scientific, moral and agricultural improvement, by establish- 
 ing a uniform system of free public schools, by taxation, or 
 otherwise, for all children between the ages of five and 
 twenty-one years, and, as soon as practical, to establish 
 schools of higher grade. 
 
 Sec. 202. There shall be a superintendent of public edu- 
 cation elected at the same time and in the same manner as 
 the governor, who shall have the qualifications required of 
 the secretary of state, and hold his office for four years and 
 until his successor shall be elected and qualified, who shall 
 have the general supervision of the common schools, and of 
 the educational interests of the state, and who shall perform 
 such other duties and receive such compensation as shall be 
 prescribed by law. 
 
 Sec. 203. There shall be a board of education, consisting 
 of the secretary of state, the attorney-general, amd the su- 
 perintendent of public education, for the management and 
 investment of the schoool funds, according to law , and for 
 the performance of such other duties as may be prescribed. 
 The superintendent and one other of said board shall con- 
 stitute a quorum. 
 
 Sec. 204. There shall be a superintendent of public edu- 
 cation in each county, who shall be appointed by the board 
 of education by and with the advice and consent of the sen- 
 ate, whose term of office shall be four years, and whose 
 qualifications, compensation and duties shall be prescribed 
 by law; provided, that the legislature shall have power to 
 make the office of county superintendent of the several 
 counties elective, or may otherwise provide for the dis- 
 charge of the duties of county superintendent, or abolish 
 said office. 
 
12 CONSTITUTION OF MISSISSIPPI 
 
 Sec. 205. A public school shall be maintained in each 
 school district in the county at least four months during each 
 scholastic year. A school district neglecting to maintain its 
 school four months, shall be entitled to only such part of the 
 free school fund as may be required to pay the teacher for 
 the time actually taught. 
 
 Sec. 206. There shall be a county common school fund, 
 which shall consist of the poll-tax, to be retained in the 
 county where the same is collected, and a state common 
 school fund, to be taken from the general fund in the state 
 treasury, which together shall be sufficient to maintain the 
 common schools for the term of four months in each scholas- 
 tic year. But any county or separate school district may 
 levy an additional tax to maintain its schools for a longer 
 time than the term of four months. The state common 
 school fund shall be distributed among the several counties 
 and separate school districts in proportion to the number 
 of educable children in each, to be determined from data 
 collected through the office of the State Superintendent of 
 Education in the manner to be prescribed by law. 
 
 But the legislature shall have power to make an additional 
 appropriation to be disbursed by the State Board of Educa- 
 tion in such manner as to equalize school terms throughout 
 the state. 
 
 Sec. 207. Separate schools shall be maintained for child- 
 ren of the white and colored races. 
 
 Sec. 208. No religious or other sect, or sects, shall ever 
 control any part of the school or other educational funds of 
 this state ; nor shall any funds be appropriated toward the 
 support of any sectarian school, or to any school that at the 
 time of receiving such appropriation is not conducted as a 
 free school. 
 
 Sec. 209. It shall be the duty of the legislature to provide 
 by law for the support of institutions for the education of 
 the deaf, dumb, and blind. 
 
 Sec. 210. No public officer of this state, or of any dis- 
 trict, county, city or town thereof, nor any teacher or trus- 
 
CONSTITUTION OF MISSISSIPPI 13 
 
 tee of any public school, shall be interested in the sale, pro- 
 ceeds or profits of any books, apparatus or furniture to be 
 used, in any public school in this state Penalties shall be 
 provided by law for the violation of this section. 
 
 Sec. 211. The legislature shall enact such laws as may be 
 necessary to ascertain the true condition of the title to the 
 sixteenth sections of land in this state, or land granted in 
 lieu thereof, in the Choctaw purchase, and shall provide that 
 the sixteenth section lands reserved for the support of town- 
 ship schools shall not be sold, nor shall they be leased for a 
 longer term than ten years for a gross sum ; but the legisla- 
 ture may provide for the lease of any of said lands for term 
 not exceeding twenty-five years for a ground rental, pay- 
 able annually, and in case of uncleared lands may lease them 
 for such short term as may be deemed proper in considera- 
 tion of the improvement thereof with right thereafter to 
 lease for a term or to hold on payment of ground rent. 
 
 Sec. 212. The rate of interest on the fund known as the 
 Chickasaw school fund, and other trust funds for education- 
 al purposes, for which the state is responsible, shall be fixed 
 and remain as long as said funds are held by the state at six 
 per centum per annum from and after the close of the fiscal 
 year A. D. 1891, and the distribution of said interest shall 
 be made semi-annually on the first of May and November of 
 each year. 
 
 Sec. 213. The state having received and appropriated 
 the land donated to it, for the support of agricultural and 
 mechanical colleges, by the United States, and having, in 
 furtherance of the beneficent design of Congress in grant- 
 ing said land, established the agricultural and mechanical 
 college of Mississippi, and the Alcorn agricultural and me- 
 chanical college, it is the duty of the state to sacredly carry 
 out the conditions of the act of Congress upon the subject, 
 approved July 2, A. D. 1862, and the legislature shall pre- 
 serve intact the endowments to, and support, said colleges. 
 
 CHAPTER 21. 
 HOUSE BILL No. 279. 
 
 AN ACT to appropriate money for the maintenance of the public 
 schools of the state of Mississippi for the calendar years of 1922 
 and 1923. 
 
 Common schools appropriation for support of. 
 
 Section 1. Be it enacted by the Legislature of the State 
 
14 SCHOOL LAWS OF MISSISSIPPI 
 
 of Mississippi, That the sum of two million one hundred 
 fourteen thousand five hundred thirty five 'dollars ($2,114,- 
 535.00) be, and the same is hereby appropriated out of any 
 money in the state treasury not otherwise appropriated, for 
 the support and maintenance of the public schools of the 
 state of Mississippi for each of the calendar years 1922 and 
 1923. 
 
 Equalizing Fund how to be disbursed. 
 
 Sec. 2. That the additional sum of one million two 
 hundred sixty eight thousand and seven 'hundred twenty 
 one dollars ($1,268,721.00) be, and the same is hereby ap- 
 propriated out of any money in the state treasury not other- 
 wise appropriated, for the support and maintenance of the 
 public schools of the state of Mississippi for each of the 
 calendar years of 1922 and 1923, which sum shall be dis- 
 bursed by the state board of education, consisting of the 
 state superintendent of education, secretary of state, and 
 the attorney general, in such a manner as to equalize public 
 school terms as nearly as possible throughout the state in 
 accordance with the following conditions : 
 
 (a) In equalizing school terms, teachers salaries 
 shall also be equalized, grade of license held, competency 
 of the teacher and living conditions being taken into con- 
 sideration. 
 
 (b) County and district school levies shall not be 
 counted against any county or district in the disbursing of 
 this fund. 
 
 (c) The state board of education shall apportion the 
 fund provided for in this act semi-annually to the several 
 counties and separate school districts, the auditor being 
 furnished with a certified copy of the apportionment to be 
 used by him in makng out the warrants on this fund in 
 favor of the county treasurers and treasurers of separate 
 school districts. Certified copies of the apportionment 
 shall also be sent by the state superintendent to the state 
 treasurer, the superintendent of public education of each 
 county, each county treasurer and the treasurer of each 
 separate school idistrict. 
 
SCHOOL LAWlS OF MISSISSIPPI 15 
 
 (d) The manner in which this fund has been dis- 
 bursed shall be included in the biennial report of the state 
 superintendent of education to the legislature. 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 13, 1922. 
 
 CHAPTER 22. 
 HOUSE BILL No. 287. 
 
 AN ACT to appropriate money for the aid of the agricultural high 
 schools of the state of Mississippi for the scholastic years of 
 1921-1922 and 1922-1923. 
 
 Agricultural high schools appropriation to aid. 
 
 Section 1. Be it enacted by the Legislature of the State 
 of Mississippi, That the sum of three hundred and fifty 
 thousand dollars ($350,000.00) be, and the same is hereby 
 appropriated out of any money in the state treasury not 
 otherwise appropriated for the aid of the agricultural high 
 schools for the scholastic years 1921-1922 and 1922-1923. 
 How funds to be paid out. 
 
 Sec. 2. That the money appropriated by this act shall 
 be paid out in the manner prescribed by law ; but no school 
 shall receive money herein appropriated, until the state 
 superintendent of public instruction has certified that such 
 school has strictly complied with the law in teaching prac- 
 tical agricultural and domestic science, and that every boy 
 in such school is required to work on the farm at least one 
 day or five hours in each week and that every girl in such 
 school is required to work one day or five hours in each 
 week in domestic science. 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
 Approved April 6, 1922. 
 
16 SCHOOL LAWS OF MISSISSIPPI 
 
 CHAPTER 23. 
 HOUSE BILL No. 289. 
 
 AN ACT to appropriate money for the support of summer nor- 
 mals. 
 
 Summer normals appropriation for. 
 
 Section 1. Be it enacted by the Legislature of the State 
 of Mississippi, That the sum of five thousand dollars ($5,- 
 000.00), for the year 1922 and five thousand dollars ($5,- 
 000.00) for the year 1923, be and the same is hereby ap- 
 propriated out of any money in the state treasury not other- 
 wise appropriated, for the support of summer normals, for 
 the said years, said amounts to be paid out by the state 
 auditor on the order of the state board of education. 
 
 Sec. 2. That this act take effect and be in force 
 from and after its passage. 
 
 Approved March 8, 1922. 
 
 CHAPTER 24. 
 HOUSE BILL No. 360. 
 
 AN ACT to appropriate money for the support of vocational educa- 
 tion in Mississippi for the biennium of 1922 and 1923. 
 
 For support of vocational education. 
 
 Section 1. Be it enacted by the Legislature of the State 
 of Mississippi, That there be and is hereby appropriated 
 out of any money in the state treasury, not otherwise ap- 
 propriated, the sum of one hundred and ten thousand dollars 
 ($110,000.00) for the biennium of 1922 and 1923, or so 
 much thereof as may be necessary for expenditure under the 
 supervision of the state board for vocational education in 
 the support of vocational education in Mississippi as pro- 
 vided for by law.The balance necessary to make available 
 the full amount of federal money allotted to Mississippi to 
 be raised by the schools under the direction of the educa- 
 tional department. 
 
 How funds to be paid out. 
 
 Sec. 2. That the money appropriated by this act shall 
 be paid out of the state treasury only in the manner pro- 
 vided by law. 
 
SCHOOL LAWS OF MISSISSIPPI 17 
 
 Sec. 3. That this act take effect and be in force 
 from and after its passage. 
 
 Approved March 30, 1922. 
 
 CHAPTER 25. 
 HOUSE BILL No. 799. 
 
 AN ACT to appropriate money for the support of vocational reha- 
 bilitation of disabled persons in Mississippi for the years 1922 
 and 1923. 
 
 For Vocational rehabilitation of disabled persons. 
 
 Section 1. Be it enacted by the Legislature of the State 
 of Mississippi, That there be and is hereby appropriated out 
 of any money in the state treasury, not otherwise appropri- 
 ated, the sum of seventeen thousand nine dollars and twen- 
 tynseven cents ($17,009.27) for the year 1922 and the sum 
 of seventeen thousand nine dollars and twenty-seven cents 
 ($17.009.27) for the year 1923 or so much thereof as may 
 be necessary for the expenditure under the supervision of 
 the state board for vocational education in the support of 
 vocational rehabilitation of disabled persons in Mississippi. 
 
 How funds to be drawn. 
 
 Sec. 2. That the money appropriated by this act shall 
 be paid out of the state treasury only in the manner pro- 
 vided for by the law. 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 30, 1922. 
 
 CHAPTER 26. 
 HOUSE BILL No. 864. 
 
 AN ACT to appropriate the sum of ten thousand dollars for the work 
 of sanitation, hygiene, industrial work and supervision of negro 
 rural schools. 
 
 Negro rural schools industrial work for, supervision, etc. 
 
 Section 1. Be it enacted by the Legislature of the State 
 of Mississippi, That the sum of ten thousand dollars, or so 
 much thereof as may be necessary for the year 1922, and ten 
 thousand dollars, or so much thereof as may be necessary for 
 
18 SCHOOL LAWS OF MISSISSIPPI 
 
 the year 1923, be and the same is hereby appropriated out of 
 any moneys in the state treasury not 'Otherwise appropri- 
 ated, to carry out the provisions of chapter 56 of the laws 
 of 1920, providing for the duties of a supervisor of negro 
 schools, to supervise the erection of school industrial work 
 in said schools, promoting of methods in personal and 
 community hygiene and sanitation and as leader in moral 
 uplift and instruction as to obedience to the laws of the 
 land. 
 
 Salary of supervisor. 
 
 Sec. 2. The salary to be paid such supervisor shall 
 not exceed fifteen hundred dollars ($1,500.00) per year. 
 
 Sec. 3. That this act take effect and be in force from 
 and -after its passage. 
 
 Approved April 5, 1922. 
 
 AGRICULTURAL HIGH SCHOOLS. 
 
 CHAPTER 122. 
 LAWS 1910. 
 
 Sec. 3419 Hemingway's Code. 
 
 County school board to establish county agricultural 
 high schools. 1. The county school board in each county 
 in the state is hereby authorized and empowered to establish 
 not more than two agricultural high schools in the county, 
 and determine their location, one for white youths exclusi- 
 vely and the other for colored youths exclusively, in which 
 instruction shall be given in high school branches, theo- 
 retical and practical agriculture, domestic science, and in 
 such other branches as the board may 'hereafter provide 
 for, may make a part of the curriculum, subject to review 
 and correction by the State Board of Education. 
 
 If only one school be established at first, the school 
 board shall have power at any subsequent time to establish 
 an additional school whenever the necessity for the same 
 shall arise. 
 
SCHOOL LAWS OF MISSISSIPPI 19 
 
 School Laws of the State of Mississippi 
 
 HOUSE BILL NUMBER 517. 
 
 AN ACT to amend section 5 of chapter 122 of the Laws of 1910, as 
 amended by chapter 254 of the laws of 1912, as amended by 
 chapter 193 of the laws of 1916, so as to fix the amount of 
 state aid to agricultural high school. 
 
 To amend laws as to establishment and equipment and maintenance 
 of county agricultural high schools. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 5 of chapter 122 of the 
 laws of 1910, as amended by chapter 254 of the laws of 
 1912, as amended by chapter 193 of the laws of 1916, be and 
 the same is amended so as to read as follows : 
 
 When the state superintendent of education shall have 
 received from the county superintendent of education of any 
 county a statement showing that an agricultural high school 
 has been located by the county school board ; that the land, as 
 herein provided, has been acquired, necessary levy made by 
 the board of supervisors, as 'heretofore provided for in this 
 act, and suitabe buldings have been erected, including a 
 boarding department where not less than forty students 
 may have dormitory and dinning room facilities, then the 
 state superintendent shall visit such school, and after 
 thorough inspecton thereof shall make a full and complete 
 report of said inspection to the state board of education. 
 Should it appear to the state board of education that it 
 would be to the interest of the state, the board shall draw 
 an order on the auditor in favor of the county treasurer or 
 treasurers for the sum of two thousand dollars ($2,000.00) 
 for the use of the trustees of the high school or schools, 
 and the auditor shall issue his warrant annually on the 
 treasurer for this amount, but not mo-re than two f housand 
 dollars ($2,000.00) shall be paid to any one school in one 
 year for agricultural 'high school purposes, except as here- 
 inafter provided. 
 
 Amount to be drawn by school. 
 
 Provided, however, that when the number of boarding 
 students shall exceed thirty pupils, the school shall re- 
 ceive three thousand dollars ($3,000.00) per year, and if 
 the number of boarding students shall exceed forty-five, 
 
20 SCHOOL LAWS OF MISSISSIPPI 
 
 then the school shall draw four thousand dollars ($4.000.- 
 00) ; and if the number exceeds seventy-five, then the said 
 school shall draw five thousand dollars ($5,000.00) an- 
 nually. 
 
 Provided, that no aid shall be given an agricultural 
 high school until the state board of education has approved 
 the plans for the building and the course of study for same. 
 The appropriation from, the state treasury shall be made 
 annually, but the stato aid may be -withdrawn at any time 
 when the state board of education finds that a school is not 
 being legally conducted for the purposes for which this 
 act was established. 
 
 Sec. 2. That this act shall take effect and be in force 
 from and after its passage. 
 
 Approved February 25, 1920. 
 
 HOUSE BILL NO. 516. 
 
 AN ACT to amend section 2 of Senate Bill No. 4, chapter 122 of the 
 laws of 1910, entitled, "An Act to provide for the establishment 
 of county agricultural high schools, to provide for the equip- 
 ment and maintenance of same," as amended by House Bill No. 
 479, chapter 191 of the laws of 1914, entitled "An Act to amend 
 section 2 of Senate Bill No. 4, chapter 122 of the laws of 1910, 
 entitled, "An Act to provide for the establishment of agricul- 
 tural high schools and to provide for the equipment and main- 
 tenance of the same so as to provide for an election against 
 the tax levy every four years," as amended by House Bill No. 
 84, chapter 196 of the la\\s of 1916, entitled, "An Act to amend 
 House Bill No. 479, chapter 191 of the laws of 1914, entitled, 
 "An Act to amend section 2 of Senate Bill No. 4, chapter 122 
 of the laws of 1910 so as to make it unnecessary to hold an 
 election against the tax levy for an agricultural high school at 
 any time when an average of more than thirty-five (3'5) pupils 
 is maintained in the school, "so as to authorize a tax levy of 
 not exceeding three mills. 
 
 Agricultural high schools; tax levy for; when election not necessary. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Missisippi, That section 2 of chapter 122 of the 
 laws of 1910, as amended by chapter 191 of the laws of 
 1914, as amended by chapter 196 of the laws of 1916, be 
 and the same is hereby amended so as to read as follows : 
 
SCHOOL LAWS OF MISSISSIPPI 21 
 
 The board of supervisors of any county where an agri- 
 cultural high school shall have been established by the 
 school board, shall levy on the taxable property in the 
 county at the time the annual tax levy is made for the sup- 
 port and maintenance of said school. In case there be two 
 agricultural high schools in any county, the board shall 
 levy a separate tax for the support of each school, and the 
 taxes, when collected, shall only be used for the support 
 and maintenance of the particular school for which the tax 
 is levied, provided, that the tax levy for agricultural high 
 school purposes for any one year shall not exceed three (3) 
 mills for each school established, and provided further that 
 within twenty days after the levy has been made twenty 
 per cent of the qualified electors of said county may file 
 with the clerk of the board of supervisors a petition asking 
 that the tax for the support of either one or both agricul- 
 tural high schools be not levied, then the question shall be 
 submitted to an election of the qualified electors of the 
 county within thirty days after the next meeting of the 
 board of supervisors after the filing of the petition, at 
 which election said electors may vote against the tax 
 levied for the support of either one or both schools and 
 should a majority of the votes cast be against the tax levied 
 for the support of either one or both schools then the levy 
 of the board for the support of that school or both schools, as 
 the case may be, shall be null and void, and the tax collector 
 shall refuse to collect such tax so voted against ; but should a 
 majority of votes be for the tax levied in support of either 
 or both schools, then the tax collector shall proceed to collect 
 the tax so authorized as all other taxes are collected, re- 
 ceiveing the lawful commission for such collections. The 
 tax collected shall be deposited with county treasurer, to 
 be paid out by him on the order of the board of trustees for 
 the high school or high schools. When a majority of the 
 votes be for the tax levied in support of either or both 
 schools, or if the school be established and the tax levied 
 without an election, then another Election shall not be held 
 for the purpose of voting against the tax levied within a 
 period of four years from the date of said election, and in 
 no case shall the tax levy for an agricultural high school, 
 which maintains an average boarding patronage of thirty- 
 five pupils, be submitted to an election. 
 
22 SCHOOL LAWS OF MISSISSIPPI 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 Approved February 26, 1920. 
 
 HOUSE BILL NO. 508. 
 
 AN ACT to authorize the boards of supervisors to levy a tax for the 
 building, repair and equipment of agricultural high schools, as 
 well as the purchase of suitable lands or buildings, or both. 
 
 Section 1. Be it enacted by the Legislature of the State 
 of Missisippi, That boards of supervisors are hereby autho- 
 rized in their discretion to levy on the taxable property in 
 the county at the time the annual tax levy is made, a tax 
 for the building, repair, and equipment of agricultural high 
 schools, as well as the purchase of suitable lands or build- 
 ings, or both, or for the payment of debts heretofore created 
 for any of said purposes, not to exceed three mills ; provided 
 that within twenty (20) days after a levy has been made 
 20 per cent of the qualified electors of said county may 
 file with the clerk of the board of supervisors a petition 
 asking that the tax <be not levied, then the question shall be 
 submitted to an election in the manner provided in chap- 
 ter 196, laws of 1916, which election shall be decisive of 
 the levy for that year only. And provided further that 
 the maximum levy for maintenance purposes as fixed by 
 law for the agricultural high school shall not be deemed a 
 limitation on the tax levy for the building, repair, and 
 equipment of agricultural high schools hereinbefore 
 mentioned, nor the levy hereunder a limitation on the levy 
 for maintenance purposes 
 
 Sec. 2. That this act take effect and be in force from 
 and after its massage 
 
 Approved March 15, 1920. 
 
 CHAPTER 186 
 LAWS 1914. 
 
 Sec. 3421 Hemingway's Code. 
 
 Trustees, appointment. 3. The government and con- 
 trol of county agriculturail ;high schools in any county shall 
 be vested in a board of five trustees, one from each sup- 
 ervisor's district, two of whom shall be elected by the 
 
SCHOOL LAWS OF MISSISSIPPI 22 
 
 board of supervisors, two by the county school board and 
 the county superintendent of education shall constitute the 
 fifth member; two of the number first elected shall serve 
 for a term of two years, and their successors shall serve 
 for a term of three years, and two shall serve for a term of 
 four years; all regular terms shall be for a term of four 
 years. The trustees shall 'have control of the property, 
 elect and fix salaries of all teachers in the agricultural 
 department of the schooil and shall have full power to do 
 all things necessary to the successful operation of said 
 school. And that each member of the board of trustees, 
 county superintendent excepted, receive their actual ex- 
 penses while on duty, provided said expenses do not exceed 
 three dollars ($3.00) per day, to be paid out of the county 
 agricultural high school funds, on receipt of an itemized 
 statement issued to county superintendent. When a com- 
 mon school is taught in connection with an agricultural 
 high school the election of teachers for the common school 
 department shall be made by the common school trustees 
 in the same manner as are required of other common school 
 trustees. 
 
 Amends Laws 1910 ch. 122, 3. 
 
 CHAPTER 122. 
 LAWS 1910. 
 
 Sec. 3422 Hemingway's Code. 
 
 Joint school established in adjacent counties. 4. In 
 case the school boards of two adjacent counties shall so de- 
 cide, the two adjacent counties may unite in establishing 
 an ^agricultural high school or two schools, one for each 
 race. The school boards of the two counties shall meet in 
 joint session to determine the location of the school, or 
 schools, and if no place can be agreed upon by a majority of 
 the joint board for either school, the two highest places 
 shall be certified by the board to the State Board of Educa- 
 tion, who shall select one of them as the site for the school. 
 
 Chapi 122, Laws 1910. Sec. 3423 Hemingway's Code. 
 
 Joint school governed by eleven trustees Terms of 
 trustees Each county to levy special tax. The govern- 
 ment of the school shall be vested in eleven trustees, five to 
 be selected by each county in the same manner designated in 
 section 3 ( 3421, this Code) Chapter 186, Laws 1914 of this 
 
24 SCHOOL LAWS OF MISSISSIPPI 
 
 act, and the eleventh to be chosen by the ten so selected; 
 in case no one receives a majority of all the votes of the ten 
 members, the eleventh man shall be selected by lot from the 
 two highest in the voting. The terms of the five trustees 
 from each county shall be as provided in section 3 (3421, 
 this Code) Chapter 186, Laws 1914, and the eleventh mem- 
 ber shall serve for four years. In levying the taxes provided 
 for in (3420, this Code,) Chapter 196, Laws 1916, e-aen 
 county shall act independently, but if one county joining 
 another in establishing a school shall decline to levy the tax, 
 the other county may nevertheless do so, in which event, 
 the joint plan shall thereby be abandoned, and the county 
 levying the tax may proceed independently as though the 
 joint plan ;had never been begun. In case two counties join 
 in establishing a joint school, and each county levies a 
 special tax provided for in ( 3420, this Code,) Chapter 196.. 
 Laws 1916, the tax collector of each county s'hall collect the 
 tax in his county and pay the same to the county treasurer 
 of his county. In paying the expenses of either school the 
 trustees shall draw on the funds of each county provided 
 for that school equitably as near as may be in proportion to 
 the amount of tax collected for that school by each county ; 
 or if no tax is levied shall draw on any fund in the treasury 
 of the respective counties provided by law for the support 
 of that school in proportion to the number of educable 
 children attending said school from each county. The 
 board of trustees of a school established by the joint action 
 of two counties shall have all the power and discharge all 
 the duties appertaining to boards of trustees of schools 
 where only one county is interested. 
 
 CHAPTER 122. 
 LAWS 1910. 
 
 Sec. 3426, Hemingway's Code. 
 
 Detailed statement made to board of supervisors of re- 
 ceipts and disbursements. 6. The board of trustees of the 
 schools provided for in this act shall make detailed state- 
 ments of receipts and disbursements to the board of sup- 
 ervisors and county superintendent of education annually 
 on the first Monday of July, and the county superintendent 
 of education shall transmit to the state superintendent of 
 education a copy of said detailed statement which shall be 
 embodied in his biennial report to the legislature. 
 
SCHOOL LAWS OF MISSISSIPPI 25 
 
 Chap. 122, Laws 1910. Sec. 3427 Hemingway's Code. 
 
 Trustees sole judges of eligibility of applicants. 7. The 
 board of trustees of each county shall be the judges of the 
 eligibility of all applicants for admission to any agricul- 
 tural high school in their respective counties and shall not 
 permit any applicant to become a student therein when in 
 the opinion of said trustees the moral and mental charac- 
 teristics of the applicant are such as would prove detrimen- 
 tal to the good morals of the institution. 
 Chap. 122, Laws 1910 Sec. 3428 Hemingway's Code. 
 
 Legislature to make appropriations. 8. It shall be the 
 duty of the legislature to make appropriations to meet the 
 conditions of this act. 
 
 CHAPTER 11. 
 LAWS 1911. 
 
 Sec, 3429 Hemingway's Cede. 
 
 Municipalities to issue bonds for the purpose of procur- 
 ing the establishment of, and aiding and maintaining agricul- 
 tural high schools. That the municipalities of Mississippi be 
 and they are hereby authorized and empowered to issue 
 municipal bonds to aid in procuring the establishment, loca- 
 tion and maintenance of agricultural high schools, which 
 have been or may hereafter be established, under chapter 22 
 of the Laws of 1910, entitled, "An Act to provide for the es- 
 tablishment of county agricultural high schools, and to pro- 
 vide for the equipment and maintenance of same." Said 
 bonds shall be issued in accordance with sections 3416, 3419 
 and 3420 of the Code of 1906, and acts amendatory thereto, 
 which bonds shall not be included in computing any limit 
 which is now placed by law on the amount of bonds to be 
 issued by a municipality. Should there be a protest against 
 said bonds sufficient to require an election, a majority of 
 the votes cast in such election shall determine the result; 
 if a majority of those voting in an election held for that 
 purpose shall cast their vote for the said bond issue, then 
 the bonds shall be issued. The proceeds of the sale of said 
 bonds shall be used for the purchase of land, or erecting 
 buildings, or in any way to aid in the establishment and 
 maintenance of county agricultural high schools. 
 
26 SCHOOL LAWS OF MISSISSIPPI 
 
 CHAPTER 136. 
 LAWS 1910. 
 
 Sec. 3430 Hemingway's Code. 
 
 Establiskincj location of schools. 1. The county school 
 board, in counties v/here an agricultural high school has 
 been established under and by virtue of chapter 102, Laws 
 of 1908, shall, in locating the agricultural high school or 
 schools, provided for in Senate Bill No. 4, passed at the 
 1910 session of the legislature, locate whichever school 
 may first be established in the county at the place where 
 the school so established under chapter 102, Laws of 1908, 
 is located provided that all the conditions under which such 
 school was located have been or shall be fully complied with. 
 And the trustees of such school established under said Sen- 
 ate Bill No. 4 shall succeed to all the property and effects 
 belonging to or appertaining to the school established under 
 said chapter 102, Laws of 1908, for the purpose of con- 
 ducting an agricultural high school as provided in said Sen- 
 ate Bill No. 4. 
 
 Laws 1908, ch. 102, was declared unconstitutional, as it provides for 
 a school for whites only. McFarland v. Goins, 96 Miss. 67, 50 So. 493. 
 
 CHAPTER 126. 
 LAWS 1910. 
 
 Sec. 3431 Hemingway's Code. 
 
 Funds of county agricultural hiuh school to be paid out 
 on order of board of trustees. 2. All funds derived from 
 taxes collected under the provisions of chapter 102, Laws 
 of 1908, now in the hands or hereafter coming into the 
 hands of the county treasurer, may be paid out by the 
 treasurer on the order of the trusteesof the agricultural 
 high school or schools of the county hereafter established, 
 and expend the same as if collected under the provisions of 
 Senate Bill No. 4, passed at the 1910 session of the legis- 
 lature in relation to such high schools. 
 
 CHAPTER 150. 
 LAWS 1912. 
 
 Sec. 3432 Hemingway's Code. 
 
 Authorizing county supervisors to issue bonds for agri- 
 cultural high schools. 1. The board of supervisors of any 
 
SCHOOL LAWS OF MISSISSIPPI 27 
 
 county which has resolved and determined to accept the 
 terms of the law relative to the locating and establishing of 
 agricultural high schools, may issue bonds upon the prop- 
 erty of &aid county to aid in the building, equipment, and 
 in any other way the establishment of agricultural high 
 schools to an amount, which added to all its bonded indebted- 
 ness, shall not exceed ten per centum on the assessed value of 
 the taxable property of the county appearing on the assess- 
 ment rolls of the preceding year, and which shall mature 
 not later than twenty-five years from the date of their issu- 
 ance -and bearing interest at a rate not exceeding six per 
 centum per annum, payable annually, and such bonds shall be 
 payable after five years, at the option of the county. Said 
 bonds shall be lithographed or engraved and printed in two 
 or more colors to prevent counterfeiting, and shall be in 
 sums not less than one hundred dollars nor more than two 
 thousand dollars each and chall be registered as they are 
 issued/ be numbered in regular series from one upward, 
 be signed by the president of the board of supervisors and 
 countersigned by the clerk, who shall impress the seal upon 
 each bond as it is issued, and every such bond shall specify 
 on its face the purpose for which it was issued and the total 
 amount authorized to be issued, and each shall be made 
 payable to bearer, and the bonds so issued shall not be sold 
 for less than their face value. The board shall levy, an- 
 nually, a special tax to be used exclusively in paying the in- 
 interest on such bonds and in providing a sinking fund for 
 their redemption. When a sufficient sum of said sinking 
 fund shall have accumulated the board of supervisors may 
 loan such accumulation at a rate of interest not less than 
 six per cent. and on such terms and for such time not longer 
 than the date fixed for the maturity of said bonds, such 
 loan to be secured upon improved real estate at one-half of 
 of its assessed value, and upon abstract of such real estate 
 as provided for the loan of funds arising from the sale or 
 lease of sixteenth section lands. Provided, further, that 
 within three weeks after notice by publication has been 
 made of the intention to issue bonds ten per cent, of the 
 adult taxpayers of the county, exclusive of those who pay 
 poll tax only, shall petition against the issuance of said 
 bonds, then the question shall be sumbitted to the qualified 
 electors of the county within twenty days after the next 
 meeting of the board of supervisors, after filing of the peti- 
 tion, and should a majority the male taxpayers voting in 
 
28 SCHOOL LAWS OF MISSISSIPPI 
 
 such election vote against the bond issue the bonds shall not 
 be issued and the order shall be null and void. 
 
 Chap. 150, Laws 1912. Sec. 3433 Hemingway's Code. 
 
 Proceeds of bonds, how used. 2. That the proceeds of the 
 sale of such bonds shall be used only for the establishment, 
 equipment, erection of buildings, purchasing lands, live 
 stock, or other necessary improvements and shall be dis- 
 bursed by the board of trustees of the agricultural high 
 schools and an itemized statement of all funds and dis- 
 bursements shall be made to the board of supervisors. 
 
 SENATE BILL NO. 251. 
 
 AN ACT permitting the addition of work of junior college grade to 
 the program of studies of a municipal separate district high 
 school or of an agricultural high school and specifying the con- 
 ditions on which same may be done. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the trustees of a separate school 
 district containing a municipality with ia population of not 
 less than ten thousand according to the most recent federal 
 census or of an agricultural high school that is not less than 
 twenty miles distant from any of the state colleges with the 
 exception of the Alcorn Agricultural and Mechanical Col- 
 lege may extend the curriculum in the school or schools un- 
 der their charge and include in the studies of the freshman 
 or sophomore year, or both, of college work, when they 
 deem such additional work necessary to properly provide for 
 the educational needs of such school district, county or 
 counties. 
 
 Section 2. No appropriation shall be made out of the 
 state treasury for the support of such college work. The 
 additional expense that is incurred shall be met out of the 
 usual funds of such districts, county or counties provided 
 that no part of such funds shall be so expended except under 
 the following conditions : 
 
 1. The minimum scholastic requirements of all teach- 
 ers or instructors in the junior college shall be graduation 
 either from the University of Mississippi, Agricultural and 
 Mechanical College, Mississippi State College for Women or 
 any college of equal grade, provided that teachers giving in- 
 struction in subjects for which sophomore credit is given 
 shall have had in addition to said graduation, post graduate 
 
SCHOOL LAWS OF MISSISSIPPI 29 
 
 work in a university or college of recognized standing 
 amounting to at least one year. 
 
 2. Every student registering in a junior college shall 
 have successfully completed at least fifteen units of high 
 school work as defined by the state accrediting commission. 
 
 3. The work of the junior college must be organized 
 on a collegiate and not a high school basis. 
 
 4. No school shall have the rating and classification 
 of a junior college unless it has a registration of at least 
 twenty students who have had accepted not less than fifteen 
 units for entrance if the said institution offers freshman 
 work only ; and thirty-five students who have had accepted 
 not less than fifteen units for entrance if said institution 
 offers freshman and sophomore work. 
 
 5. The library in a junior college attempting to do 
 freshman work shall have not less than one thousand well 
 selected volumes, not including pamphlets or government 
 publications, and if attempting both freshman and sopho- 
 more work it shall have not less than one thousand five 
 hundred volumes. 
 
 6. The laboratory equipment shall have an aggregate 
 value of not less than two thousand dollars ($2,000.00). 
 
 7. No school shall attempt junior or college work un- 
 less the high school department is approved as a full four- 
 year high school by the state department of education. 
 
 Section 3. When a student has successfully completed 
 the course prescribed for the freshman and sophomore years 
 any junior college that has been properly accredited under 
 this act may issue a diploma to such student. Provided, 
 however, that if the junior college is organized as part of a 
 high school in a separate school district it may deliver a 
 diploma bearing the title of an associate of arts, and if the 
 junior college is organized 1 as part of an agricultural high 
 school it may deliver a diploma bearing the title of an asso- 
 ciate of agriculture to men, and an associate of arts to wo- 
 men as a testimonial of the completion of two years of col- 
 lege work. 
 
 Section 4. The state board of education shall be re- 
 sponsible for the enforcement of the provisions of this act. 
 
30 SCHOOL LAWS OF MISSISSIPPI 
 
 Section 5. This act shall take effect from and after 
 its passage. 
 
 Approved March 24, 1922. 
 
 CHAPTER 192. 
 HOUSE BILL No. 716. 
 
 AN ACT to authorize and direct the several agricultural high schools 
 of the state to teach not less than one of the terms of such 
 schools the subject of horticulture, and to operate a nursery for 
 the growth of fruit trees and plants and to give practical in- 
 struction in the planting, culture and treatment of such plants 
 and trees to all male students therein who attend and take part 
 in the course of study for the year or years in which the said 
 subject of horiculture is made a part of the cirruculum and for 
 other purposes. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi that the trustees of every agricultural 
 high school in this state shall direct its corps of teachers to 
 devote one-fourth of the time to the study of horticulture 
 that is required for the subject of agriculture in the curri- 
 culum of the agricultural high school. Such study of hor- 
 ticulture shall consist of class room work and practical 
 demonstrations in seeding, planting, growing, cultivating, 
 pruning and treatment of fruit and 1 ornamental trees, 
 shrubs, and plants. In such sections of the state where 
 conditions of soil and climate will justify the board of 
 trustees are empowered to set apart not less than five acres 
 of land belonging to said school for the purpose of establish- 
 ing a .nursery and orchard, and may use or sell such fruits 
 and plants as they may deem proper, and the proceeds of 
 the sale shall be placed to the credit of isupport fund for said 
 institution. The students may be required to .demonstrate 
 the proper method of planting, transplanting, and cultivat- 
 ing plants and trees sold to the citizens of the county or 
 counties supporting such school, and to visit and inspect the 
 same from time to time. The teacher in charge of such sub- 
 jects shall keep a record of the work done hereunder and 
 shall file a report with the county superintendent of educa- 
 tion of their work hereunder giving a summary of such 
 work and the names of the students who have received in- 
 structions hereunder .and the names of all persons in the 
 county who have purchased trees and plants hereunder with 
 
SCHOOL LAW1S OF MISSISSIPPI 31 
 
 ; 
 
 the prices obtained for each kind of trees or plants. They 
 shall also keep a record of the results of such work and the 
 kind of fruits best adapted to the soil and climate of the 
 county. They shall make such experiments as may be 
 d'eemed proper or necessary to demonstrate what kinds of 
 fruits best adapted to the county and shall make an annual 
 report to the department of agriculture of the state of the 
 results of such experiments in said subjects. 
 
 Section 2. This act shall take effect and be in force 
 from and after September 1st, 1922. 
 Approved April 8, 1922. 
 
 CONSOLIDATED SCHOOLS. 
 
 CHAPTER 124. 
 LAWS 1910. 
 
 Sec. 3999 Hemingway's Code. 
 
 Funds where more than four schools are to be consoli- 
 dated. 2. Should more than four schools be consolidated 
 into one school, the salary of two teachers of the consoli- 
 dated schools may be expended in the transportation of pu- 
 pils to said school as above provided. 
 
 CHAPTER 180. 
 LAWS 1916. 
 
 Sec. 4000 Hemingway's Code. 
 
 To provide transportation for pupils of consolidated 
 school districts 1. Where two or more schools are consol- 
 idated into one school by the county school board, the board 
 of public school trustees for said consolidated school, to- 
 gether with the county superintendient, are authorized and 
 empowered to provide means for the transportation of pu- 
 pils living two miles or more from the consolidated school 
 to and from the schoolhouse in the district, under such rules 
 and regulations as may be prescribed by the state board of 
 education provided, that a consolidated school using a trans- 
 portation wagon or wagons or levying a tax for school pur- 
 poses which have been or may at any future time be formed 
 can not have any of its territory released by the county 
 school board, except on a petition of a majority of the quali- 
 fied electors of said school district. 
 
32 CONSOLIDATED SCHOOLS 
 
 CHAPTER 196. 
 SENATE BILL No. 151. 
 
 AN ACT to govern and regulate the letting and making of contracts 
 for transportation of pupils to and from the public schools where 
 same are now transported at public expense; defining and pre- 
 scribing the duties of the state board of education, the trustees 
 of such schools and the county superintendent of education, and 
 making it unlawful for any trustee of such schools to be inter- 
 ested, either directly or indirectly, in such contracts. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That in all cases where pupils are now 
 transported to and from the public schools of this state un- 
 der authority of law and at public expense, the contract for 
 such transportation shall be let to the lowest bidder in such 
 case, who is able to furnish a solvent bond for the faithful 
 performance of his contract, after the route or routes over 
 which such pupils are to be transported, has been laid out 
 and established 1 as hereinafter provided and after the time 
 and place of letting such contract and the manner of bid- 
 ding shall have been duly advertised for the time and in the 
 manner now provided by law for letting any other public 
 contract. All such contracts shall be in writing and define 
 and prescribe the duties of the contractors or drivers of 
 transportation vehicles. 
 
 Section 2. That immediately after this act takes ef- 
 fect it shall be the duty of the state board of education to 
 adopt and promulgate a uniform system of rules and regu- 
 lations, not inconsistent with law, or the provisions hereof, 
 to govern the provisions of, and making of the contracts 
 provided for in the first section of this act, prescribing the 
 form of contract, and the duties and qualifications of the 
 drivers of each and every kind of transportation vehicles 
 now permitted for transportation, and' rules to govern the 
 conduct of pupils while being so transported, and such other 
 rules and regulations as said board may deem necessary for 
 the proper conduct and management of such schools and 
 the transportation of pupils. 
 
 Section 3. That before any contract is let for the 
 transportation of pupils in any school district now author- 
 ized to do so, the trustees of such school and the county su- 
 perintendent shall first lay out, mark and 1 'definitely estab- 
 lish the route or routes over which -the pupils are to be 
 
CONSOLIDATED SCHOOLS 33 
 
 transported, and ascertain the number of pupils on each 
 route, and determine, describe and define the kind, charac- 
 ter and capacity of the vehicle required on such route, and 
 make a record of same and file it in the county superin- 
 tendent's office, which shall be open to inspection at all 
 times by the public. After a route is once established and 
 a contract made it cannot be changed until a -new route is 
 established and a contract made in the manner herein pro- 
 vided. All routes shall be so laid out and established as to 
 place all pupils entitled to transportation within a reason- 
 able distance of same ; and no child shall be required to walk 
 a distance greater than one and one half miles to reach the 
 vehicle of transportation in the morning or to reach home 
 in the afternoon. All pupils shall be entitled to enter and 
 leave such vehicle at the nearest point on the route to their 
 homes. 
 
 Section 4. That it shall be unlawful for the county su- 
 perintendent, or any member of the board of trustees of a 
 school, to and from which pupils are transported at public 
 expense, to be interested directly or indirectly, in a contract 
 for such transportation, and any contract made in viola- 
 tion of the provisions of this act, shall be null and void. 
 
 Section 5. That the failure of any officer, trustee or 
 contractor to perform the duties imposed on him by the 
 provisions of this act, or by the terms of the contract enter- 
 ed into hereund'er, shall subject him to mandamus or other 
 appropriate proceedings in law or equity for final adjudica- 
 tion of the matter complained of, though the person ag- 
 grieved may have a concurrent remedy by appeal to the 
 county superintendent, and from that official to the state 
 superintendent of education. 
 
 Section 6. That this act take effect and be in force 
 from and after its passage. 
 Approved April 5, 1922. 
 
 Chap. 180, Laws 1916. Sec. 4001 Hemingway's Code 
 
 Expense paid out of school fund on sworn itemized ac- 
 counts Duty of trustees and county superintendent. 2. 
 The expense necessary to carry this act into effect and pro- 
 vide for the transportation of the pupils, as provided in Sec- 
 tion 1 of this act, shall be paid out of the school fund of the 
 county. At the end of each scholastic month the person or 
 
34 CONSOLIDATED SCHOOLS 
 
 persons employed to transport the pupils shall file with the 
 county superintendent an itemized statement of his services, 
 properly sworn to by him and approved by at least two of 
 the trustees 'and* certified to by him ; and upon filing of such 
 account with him the county superintendent shall issue to 
 such person a pay certificate, and such account shall be filed 
 and preserved in his office. If the trustees, without good 
 cause, refuse to approve said itemized account, such person 
 may appeal to the county superintendent, who shall issue his 
 pay certificate without the approval of the trustees, in case 
 he decides, after full investigation, in favor of the person 
 who transports the pupils. Upon the presentation of the 
 pay certificate for services rendered, as herein set out, duly 
 attested by the county superintendent, the clerk of the board 
 of supervisors shall issue a warrant in the manner as di- 
 rected for the issuance of teachers warrants in Section 4566 
 of the Mississippi code of 1906. The oath required to said 
 account may be made before the county superintendent. 
 
 HOUSE BILL NO. 21. 
 
 AN ACT to amend section 3 of chapter 180 of laws of 1916, on the 
 size of territory in consolidated school districts. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 3, chapter 180 of the laws 
 of 1916 be amended so as to read as follows : 
 
 On a petition of a majority of the qualified electors of 
 a consolidated school district containing not less than ten 
 square miles, and 1 on approval of the county school board, 
 the board of supervisors shall, in the same manner as pro- 
 vided for separate school districts, annually levy a tax on 
 the property of said district sufficient to pay for fuel, trans- 
 portation wagons and other incidental expenses, erect and 
 repair school buildings and teachers' homes for the district 
 and shall levy a tax sufficient to maintain the school of said 
 district after the expiration of the county public school 
 term, or to supplement during the county public school 
 term ; providied, a free public school shall be maintained 
 therein at least seven months in each scholastic year and 
 when the amount of the required tax shall be once fixed, it 
 shall remain the same for each successive year or as long 
 as the district is maintained, unless changed by a petition 
 of the majority of the qualified electors of the district. And 
 
CONSOLIDATED SCHOOLS 35 
 
 the board of supervisors may issue bonds for such consoli- 
 dated districts, in manner provided in the chapter on mu- 
 nicipalities, to erect, repair and! equip school buildings and 
 teachers' homes for said district provided the bonds issued 
 for other purposes on the property of said district shall not 
 be included in calculating the limit on the amount to be is- 
 sued for the purpose herein provided, but only such bonds 
 as may be issued for said district as a separate taxing unit, 
 shall be counted in calculating the limit of the amount. The 
 tax assessor shall make a separate assessment of the prop- 
 erty of such district and the county tax collector shall col- 
 lect the taxes required each year of such districts, as other 
 taxes are collected, and deposit the same with the county 
 treasurer to the credit of the district for which it was lev- 
 ied. Such funds shall be disbursed on pay certificates is- 
 sued! by the county superintendent, on the order of the trus- 
 tees of the district. The expense of transporting the pupils 
 shall be borne by the district after the expiration of the 
 county public school term. 
 
 Section 2. That this act shall be in force and effect 
 from and after its passage. 
 Approved February 26, 1920. 
 
 Code 1906. 
 
 Acts 1912, ch. 255, 3, provides that the tax for consolidated 
 school districts shall be levied in the same manner as provided for sep- 
 arate school districts, while Laws 1910, ch. 217, provides for the levy 
 of taxes for separate school districts in such a manner that it can not 
 be doubted that the intention of the legislature was that the taxes 
 should be levied and collected regardless of the date upon which the 
 district was created. Illinois &c. R. Co. v. Middleton, 109 Miss. 199, 
 68 So. 146. 
 
 Under Code 1906, 307, and under 4255, 4257, a railroad's 
 property, situated in two school districts of a county, was taxable for 
 school purposes, although such school districts were created after the 
 first day of February of the year in which the tax was levied, since 
 the property was "subject to state taxes for the time being." Illinois 
 &c. R. Co. v. Middleton, 109 Miss. 199, 68 So. 146. 
 
 Laws 1912, ch. 255, 3, providing for the levying of a tax for the 
 transportation of pupils and other expenses on a petiton of a majority 
 of the qualified electors of a consolidated school district containing 
 not less than twenty-five square miles, does not require that such dis- 
 
36 CONSOLIDATED SCHOOLS 
 
 trict shall contain twenty-five full sections of land in order that the 
 specified tax may be levied, if it contains the required area. Purvis 
 v. Robinson, 110 Miss. 64, 6'9 So. 673. 
 
 Chap. 180, Laws 1916. Sec. 4003 Hemingway's Code. 
 
 Privileges of consolidated schools. &. Such consoli- 
 dated district may make its school a graded school and have 
 all the privileges granted to separate school districts under 
 section 4535 of the Mississippi code of 1906. 
 
 CHAPTER 194. 
 LAWS 1916. 
 
 Sec. 4004 Hemingway's Code. 
 
 Consolidated school districts Elections affecting, 
 where to be held. 1. That in any case where it becomes nec- 
 essary to hold an election affecting any question to be sub- 
 mitted to the qualified electors in any consolidated school 
 district in this state, as now provided by the laws of the 
 state forming such consolidated school districts, that such 
 elections shall be held at the school house of said district, or, 
 if there is no schcolhouse, the election shall be held at a 
 convenient place designated by the trustees of the school. 
 And that the commissioners holding such election shall have 
 the power .and authority to use the poll-books of such county 
 containing the names of the registered electors who may re- 
 side in said school district. 
 
 Amends Laws 1914, ch. 184. 
 
 CHAPTER 182. 
 LAWS 1914. 
 
 Sec. 4005 Hemingway's Code. 
 
 Validating bonds issued under Laws 1912, chapter 
 255. 1. In all cases where any bonds have been issued or 
 are proposed to be issued, or may be hereafter issued by any 
 school district or consolidated school district in any county 
 in the state operating under House Bill No. 81, chapter No. 
 255, of the acts of the legislature of 1912, where all the pre- 
 liminary conditions required by law have been complied 
 with in all respects, and where there may be a question or 
 doubt in respect to the sufficiency of the title to said statute, 
 under which the bonds are issued and which provide for 
 their issuance, said bonds shall be held and treated in all re- 
 
CONSOLIDATED SCHOOLS 37 
 
 spects the same as if the title to said statute had been ample 
 and sufficient; and the defect or irregularity arising out of 
 the doubt in regard' to the title of said statute, is hereby in 
 all respects cured and ratified and the bonds are to be held 
 valid for all purposes whatever ; and it is further provided 
 expressly that such defects or irregularities or such sup- 
 posed defects or irregularities are. hereby cured as fully and 
 effectually and the condition of the issuance of said bonds 
 is hereby as effectually dispensed as if the full and proper 
 statutory authority had existed in the first instance for the 
 issuance of said bonds. 
 
 CHAPTER 224. 
 LAWS 1914. 
 
 Sec. 4006 Hemingway's Code. 
 
 School bonds To validate issues under Acts 1912. 
 1. All bonds that have heretofore been issued or that may- 
 be issued or that are proposed to be issued by any consoli- 
 dated school district under the act of February 9, 1912, 
 chapter 255 of the Acts of 1912, are hereby validated in all 
 respects so far as the supposed insufficiency of the title to 
 sai-d act is concerned, and also in respect to any irregularity 
 in or want of conformity to law which couldi have been dis- 
 pensed with by an act of the legislature enacted in advance 
 of the issuance of, or proposed issuance of said bonds, pro- 
 vided that said bonds issued, or to be issued, shall have been, 
 or shall be issued in substantial conformity to the provisions 
 of said act of February 9, 1912. The purpose of this act 
 is to ratify and validate by this act as a curative statute any 
 and all iregularities in the issuance of said bond already 
 issued under said act that can be cured by curative act, and 
 that could have been dispensed with in advance by an act 
 of the legislature, and to validate all bonds proposed to be 
 issued that have been or that may be issued in substantial 
 conformity with the provisions of said act of February 9, 
 1912. 
 
 CHAPTER 194. 
 SENATE BILL No. 210. 
 
 AN ACT to enable a school district to assume the bonded indebted- 
 ness of a constituent territory. 
 
 Section 1. Be it enacted by the Legislature of the 
 
38 CONSOLIDATED SCHOOLS 
 
 State of Mississippi, That where a school building has been 
 erected by means of a bond issue and all of the bonds have 
 not been paid, and the municipal school district or other 
 school district which issued the bonds and which remains in- 
 debted as aforesaid, has become a part of a larger school 
 district, and where the original district indebted as afore- 
 said desires to sell and 1 transfer such school building to the 
 larger district in consideration of the assumption of the un- 
 paid balance of principal and interest of said bonds, and 
 the qualified electors of the original district have at an elec- 
 tion called for that purpose, approved such proposed sale 
 and transfer, and the larger idiistrict desires to buy such 
 building by the assumption of said balance of such princi- 
 pal and interest, and the qualified electors of the larger dis- 
 trict have approved such purchase and 'assumption at an 
 election called for that purpose, the larger district may as- 
 sume the payment of said balance of principal and interest 
 and the smaller district may by its proper authorities, con- 
 vey the school buildttng and land upon which it stands to the 
 proper authorities of the larger district. 
 
 Section 2. If both elections be favorable to the convey- 
 ance and assumption, the board of supervisors shall declare 
 and spread upon its minutes the result of the elections and 
 the assumption of the balance of principal and interest, de- 
 scribing the same in detail, and thereafter shall levy taxes 
 upon the taxable property of the larger district for the pur- 
 pose of paying said balance of principal and interest as the 
 same become due and payable just as though the bonds had 
 been originally issued by said larger district. And the tax 
 collector shall collect the taxes so levied and pay the pro- 
 ceeds thereof to the proper credit of the larger district, for 
 the payment of such bonds and the interest. When the 
 election shall be held by the electors of a municipal separate 
 school district, or a municipal separate school district with 
 added territory, the election shall be provided by the board 
 of mayor and aldermen of the municipality, and where the 
 election is to be by the electors of other school districts the 
 election shall be provided by the board of supervisors, and 
 such elections shall not be called and held until twenty per 
 cent of the qualified electors of the district shall be present- 
 ed to the board which is required to provide the election. 
 
CONSOLIDATED SCHOOLS 39 
 
 Section 3. That this act take effect and be in force 
 from and after its passage. 
 Approved April 4, 1922. 
 
 CHAPTER 234. 
 LAWS 1918. 
 
 AN ACT to authorize any county in the state to sell any property 
 heretofore used for school purposes and to appropriate the pro- 
 ceeds thereof to the maintenance and support of the consolidated 
 schools in the districts where the property is situated, or to con- 
 vey said property to the said consolidated schools. 
 
 Counties may sell certain, school property for use of consolidated 
 schools. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That any county in this state owning 
 lands or houses which have been used for school purposes, 
 and in which consolidated school districts have been organ- 
 ized, embracing the lands or houses heretofore so used, or 
 where consolidated school districts may hereafter be organ- 
 ized, is hereby fully authorized and empowered upon peti- 
 tion of a majority of the qualified 1 electors residing in the 
 territory which comprised the former school district, acting 
 through its board of supervisors, to sell and convey any or 
 all of said property upon such terms as the board of super- 
 visors may determine to be to the best interest of the county, 
 and to appropriate the proceeds of said sales to the support 
 and maintenance of the consolidated school which has been 
 or which may be established in the district where said lands 
 or houses may be situated, or to convey said property direct- 
 ly to said consolidated schools for the support and mainten- 
 ance thereof, the provisions of this act shall operate to vali- 
 date all sales heretofore made. 
 
 Section 2. This act shall take effect from and after its 
 passage. 
 
 Approved March 20, 1918. 
 
40 CONSOLIDATED SCHOOLS 
 
 CHAPTER 250. 
 LAWS 1918. 
 
 AN ACT to validate all consolidated school district or separate school 
 district bonds, notes, certificates of indebtedness and other obli- 
 gations. 
 
 Consolidated school obligations validated. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That all bonds, notes, certificates of in- 
 debtedness and other obligations, which have been issued or 
 ordered issued, by any and all consolidated school districts 
 or separate school districts, under and by authority of any 
 general, special, local or private act of the legislature be, 
 and they are hereby in all things made valid and legal, and 
 are binding obligations on the consolidated school district 
 or separate school districts issuing the same or ordering the 
 same to be issued, regardless of defects, errors, omissions, 
 or informalities in their issuance or orders of issuance, or in 
 the organization of such school districts, or the failure of 
 such consolidated school districts or separate school dis- 
 tricts to comply with any law or part of law providing for 
 their issuance, or in the creation or organization of such dis- 
 trict. 
 
 Act applies to all outstanding obligations. 
 
 Section 2. That this act shall apply to all such bonds, 
 notes, certificates of indebtedness, or other such obligations 
 already issued and outstanding, or ordered to be issued, and 
 such obligations, bonds, notes and certificates of indebted- 
 ness are hereby made in all things valid and legal, provided, 
 it shall not apply to bonds over which there is now a judicial 
 contest and upon which no money has been paid. 
 
 Section 3. That this act shall take effect and be in force 
 from and after its passage. 
 Approved March 20, 1918. 
 
CONSOLIDATED SCHOOLS 41 
 
 CHAPTER 254. 
 LAWS 1918. 
 
 AN ACT authorizing the payment of teachers who have taught public 
 schools heretofore located in territory afterwards established as 
 a consolidated school district, where because of a failure to erect 
 a school building or for other causes the consolidated school has 
 not been taught. 
 
 Consolidated schools regular schools may be taught pending 
 opening of. 
 
 Section 1. Be it enacted by the Legislature of the State 
 of Mississippi, That where public schools heretofore 
 established have been formed into a consolidated 1 school dis- 
 trict, and because of a failure to erect the consolidated 
 school building, or for other reasons, the consolidated school 
 is not taught, then the county superintendent of education 
 is hereby authorized and empowered to have the school 
 taught as heretofore and so continue until said consolidated 
 school is opened and in operation. 
 Pay of teachers in such cases. 
 
 Section 2. That in like manner the superintendent of 
 education and proper authorities of the county are hereby 
 authorized and empowered to pay teachers who have hereto- 
 fore or are teaching in such public schools. 
 
 Section 3. That this act take effect and be in force 
 from and after its passage. 
 Approved March 13, 1918. 
 
 HOUSE BILL No. 644. 
 
 AN ACT to provide a method for the addition of territory to existing 
 consolidated school districts. 
 
 Section 1. Be it enacted by the Legislature of the State 
 of Mississippi, That territory not a part of any consolidated 
 school district may be added to and become a part of an ad- 
 joining existing consolidated school district in the following 
 manner, to-wit : 
 
 Whenever the territory proposed to be added to the said 
 district lies within the county in which the district is locat- 
 ed, the county school board of such county shall, upon peti- 
 tion being presented to it by a majority of the school patrons 
 residing within the territory to be added!, enter an order on 
 
42 CONSOLIDATED SCHOOLS 
 
 its minutes making such territory a part of the consolidated 
 school district, to take effect whenever the said territory has 
 complied with the provisions hereinafter contained, and 
 shall certify such action to the board of supervisors of the 
 county. Whereupon, it shall be the duty of the board of 
 supervisors to order an election to be held in some public 
 place in the territory proposed to be added At such elec- 
 tion, there shall be submitted to the qualified electors resid- 
 ing in such territory proposed to be added ;the question of 
 whether or not they shall become a part of the said district 
 and the lands and property within the boundaries of the said 
 proposed addition shall be taxed for its proportionate part 
 of the total bonded debt of the said existing consolidated 
 school district and taxed for its proportionate share of the 
 expense of maintaining the said consolidated school and 
 transportation of pupils. Such election to be called and 
 heldl in all respects as nearly as practical as now provided 
 by law for the holding of general elections. And in the 
 event that such election shall result in favor of the addition 
 of such territory and the levying of such tax, such proposed 
 new territory shall be and become a part of such existing 
 consolidated school district and the board shall annually 
 thereafter levy a tax on the property of such district suffi- 
 cient for the retirement of the bonds and interest of the dis- 
 trict, the maintenance of the school and! the transportation 
 of pupils as is levied upon the other lands of the district, pro- 
 vided, no territory shall be added to consolidated school dis- 
 trict without a petition signed by a majority of qualified 
 electors of the consolidated school district or after election 
 has been held' on same. 
 
 Section 2. Where the territory proposed to be added 
 to an existing consolidated school district shall lie partly or 
 wholly within a county other than the county in which the 
 consolidated school district is located, the county school 
 board of the county in which the proposed added territory 
 lies, shall certify its action to the board 1 of supervisors of its 
 county and like action shall be taken by them as proposed by 
 section 1 of this act, and the result of such election shall be 
 certified to the county school board of the county in which 
 the consolidated school district exists together with all cer- 
 tified copies of all proceedings of the county school board 
 and the board of supervisors up to and including the election 
 as hereinabove provided' for. Whereupon, the county 
 school board of the county in which the existing consolidat- 
 
CONSOLIDATED SCHOOLS 43 
 
 ed school district lies may pass upon the question of the ad- 
 dition of such territory to such district and certify their ac- 
 tion to the board of supervisors of the county in which the 
 added territory lies. And in the event the territory is 
 voted to be addled by such county school board, the board of 
 supervisors of the county 'in which the proposed added ter- 
 ritory lies, shall thereafter annually levy the same tax on 
 the lands added to the said school district as is levied by the 
 county in which the original district lies. And it is here- 
 by made the duty of the chancery clerk of the county in 
 which the original school district lies to certify to the board 
 of supervisors of the adjoining county the levy fixed by his 
 county aganist the lands of the consolidated district for the 
 purpose of retiring the bonds and interest, maintaining the 
 school, and transporting the pupils, such certificate to be 
 made within two days from the levying of the said tax by 
 the board of supervisors of his county. And! thereafter the 
 territory in such adjoining county so added as herein pro- 
 vided, shall be a part of and entitled to all the privileges of 
 such consolidated school district. 
 
 Section 3. All laws and parts of laws in conflict with 
 this act be, and the same are hereby repealed. 
 
 Section 4. That this act take effect and! be enforced 
 from and after its passage. 
 Approved March 21, 1922. 
 
 CHAPTER 54. 
 HOUSE BILL No. 309. 
 
 AN ACT to appropriate the sum of seventeen hundred and fifty dol- 
 lars ($1750.00) to provide materials for making blue prints, 
 plans and specifications for rural school buildings and provid- 
 ing that such blue prints, plans and specifications shall be made 
 by the department of agricultural engineering at the Mississippi 
 A. & M. College. 
 
 To provide for blue prints for rural school buildings. 
 
 Section 1. Be it enacted by the Legislature of the State 
 of Mississippi, That the sum of seventeen hundred and fifty 
 dollars ($1,750.00) , or so much thereof as may be necessary, 
 be and the same is hereby appropriated out of any funds in 
 the state treasury not otherwise appropriated, for the pur- 
 pose of buying materials necessary in the preparation of 
 blue prints, plans and specifications of rural school build- 
 ings. 
 
44 CONSOLIDATED SCHOOLS 
 
 Board of education to expend funds. 
 
 Section 2. That the state board of education shall ex- 
 pend such fund's for such material and shall supply said ma- 
 terial to the department of agricultural engineering of the 
 Mississippi A. & M. College and the said agricultural engi- 
 neering department of the Mississippi A. & M. College are 
 required to prepare blue prints, plans and specifications, 
 using said materials, upon request of the department of edu- 
 cation. 
 
 How money to be paid out. 
 
 Section 3. That said funds herein appropriated shall 
 be paid out by the state auditor on the order of the board of 
 education and the board of education shall report such ex- 
 penditures in such manner as may be provided by law ; pro- 
 vided that any funds herein appropriated not used for the 
 purpose ^herein specified shall be covered! back into the state 
 treasury. 
 
 Plans to be furnished free. 
 
 Section 4. That said plans when prepared, shall be 
 printed and furnished free to trustees of public schools in 
 need of same. 
 
 Section 5. That this act take effect and be in force 
 from and after its passage. 
 Approved April 3, 1920. 
 
 HOUSE BILL No. 942. 
 
 AN ACT to require the county superintendent of education and the 
 clerk of the board of supervisors to furnish information to the tax 
 assessor and the state tax commssion as to the bounds of school 
 districts and municipalities and as to public service corporations 
 therein; and to prescribe penalties for the enforcement of this 
 act. 
 
 Section 1. Be it enacted by the Legislature of the State 
 of Mississippi, Whenever any school district, road district, 
 or municipality is created, or its metes and bounds changed, 
 the clerk of the board of supervisors shall deliver, within 
 ten days thereafter, to the tax assessor of the county, and 
 to the state tax commission, a certified copy of the metes 
 and bounds of the district or municipality, with the names 
 of the public service corporations owning property in, or op- 
 erating through, the district or municipality ; and with the 
 
CONSOLIDATED SCHOOLS 45 
 
 names of the railroad stations, of the telegraph offices, of 
 the express offices and of the telephone exchanges in each 
 district. 
 
 Section 2. The county superintendent of education 
 shall, within the same time, furnish the tax assessor of the 
 county, and the state tax commission, the same information 
 with reference to school districts and the public service cor- 
 porations owning property in or operating through the dis- 
 tricts. 
 
 Section 3. The clerk of the board! of supervisors 
 shall, on or before the first day of July, 1920, furnish the 
 state tax commission with a certificate, showing the names 
 of all school and road districts and municipalities in the 
 county a copy of the metes and bounds of each and the 
 names of the public service corporations owning property 
 in or operating through the same, with the names of the 
 railroad stations, of the telegraph and express offices and of 
 the telephone exchanges in each district. 
 
 Section 4. The clerk of the board of supervisors, or 
 the county superintendent of education shall be liable on his 
 bond for any taxes that any district or municipality shall 
 fail to receive, if he fail to comply with the requirements of 
 this act 
 
 Section 5. That this act shall take effect and be in 
 force from and after its passage. 
 Approved April 1, 1920. 
 
46 PUBLIC SCHOOLS 
 
 PUBLIC SCHOOLS 
 
 CODE 1906. 
 
 Sec. 7320 Hemingway's Code. 
 
 4485. Uniform system of. There shall be maintained 
 a uniform system of free public schools for all children be- 
 tween the ages of five and twenty-one years. 
 
 State Board of Education. 
 
 Sec. 7321 Hemingway's Code. 
 
 4486. Board of Education Its meetings. The board 
 of education created by the constitution shall hold its ses- 
 sions at the seat of government. It may appoint the time 
 of meeting, and a called meeting of the board may be held 
 at any time upon the call of a member thereof. 
 
 Sec. 7322 Hemingway's Code. 
 
 4487. Board of Education To decide appeals. The 
 board of education shall decide all appeals from the deci- 
 sions of county superintendents, or from the decisions of the 
 state superintendent; but all matters relating to appeals 
 shall be presented in writing, and the board's decision shall 
 be final. 
 
 Code 1906, 4487, 4503, do not exempt the school authorities, 
 acting beyond the scope of their powers and in violation of law, from 
 interference by the courts and equity has jurisdiction to enjoin the 
 trustees and the teacher of a school district from enforcing an invalid 
 rule. Hobbs v. Germany, 94 Miss. 469, 49 So. 515. 
 
 Sec. 7323 Hemingway's Code. 
 
 4488. Board of education -To remove County Super- 
 intendent in certain cases. For continued neglect of duty, 
 for drunkenness, incompetency or official misconduct, the 
 board of education may remove a county superintendent; 
 but before removal the officer shall have tv,n days notice of 
 the charge, and be allowed opportunity to make defense. 
 The members of the board are authorized to administer 
 oaths, and to take or cause depositions to be taken, and have 
 the powers of a court to compel witnesses to attend and 
 testify in all matters of investigation by the board. 
 
 CHAPTER 142. 
 
 LAWS 1918. 
 Section 1. Be it enacted by the Legislature of the State 
 
PUBLIC SCHOOLS 47 
 
 of Mississippi, That section 4489 of the code of 1906, be, 
 and! the same is hereby amended so as to read as follows : 
 
 The same; to audit claims. The board of education 
 shall audit all claims against the common school fund, and 
 allow so much as may be justly due, not to exceed the amount 
 allowed by law. The board of education shall have authority 
 and it shall be their duty, to hear and pass upon all appeals 
 by trustees of public schools from the decision of county 
 superintendents of education, as to the amount of money 
 that shall be allowed for the payment of teachers' salaries 
 and other expenses allowed by law to any county public 
 school, not a separate school district from the funds receiv- 
 ed by the county from the county common school fund from 
 the state common school fund and from county levies for 
 the public schools. All appeals shall be in writing and the 
 board's decision shall be final. 
 
 Section 2. That the county superintendent of educa- 
 tion shaH, not later than the second Mondlay of September of 
 each year, notify in writing the trustees of the various 
 schools of his county, as to the amount of school funds each 
 and any school will be allowed from the county common 
 school fund, from the money received from the state distri- 
 bution of school funds, and from funds arising from county 
 levies, provided, that the written request be made of the 
 county superintendent of education for such information by 
 any board of public school trustees outside of separate 
 school districts at least ten days before the second Monday 
 of September. 
 
 Section 3. That this act take effect and be in force 
 from and after its passage. 
 
 CODE 1906. 
 
 Sec. 7325 Hemingway's Cede. 
 
 4490. Board of education To fix expenses of state 
 superintendent's office. The board of education shall de- 
 termine the necessary contingent expenses of the superin- 
 tendent's office, including stationery, postage, printing, fur- 
 niture, and other things necessary, and,' shall examine the 
 accounts therefor and certify the same for payment. 
 
 Sec. 7326 Hemingway's Code. 
 
 4491. Board of education Administration Course 
 of study Arbor day. The board of education shall regu- 
 
48 PUBLIC SCHOOLS 
 
 late all matters arising in the practical administration of 
 the school system which are not otherwise provided for; 
 and it may adopt a course of study to be pursued in the 
 schools and may designate a day to be observed as arbor 
 day, which shall be devoted to the planting of trees and 
 otherwise improving the school grounds. 
 
 CHAPTER 123. 
 LAWS 1910. 
 
 Sec. 7327 Hemingway's Code. 
 
 Board of education to have placards showing effects of 
 alcohol on human system and for prevention of tuberculosis 
 hung on walls of school rooms. 1. The state board of educa- 
 tion shall procure placards, to be hung on the walls of public 
 school-rooms, setting forth the effects of alcohool on the hu- 
 man system and means for the prevention and cure of tu- 
 berculosis. 
 
 County School Board. 
 CODE 1906. 
 
 Sec. 7330 Hemingway's Code. 
 
 4510. School boards How appointed. There shall 
 be a county school board, consisting of one member from 
 each supervisor's district, to be appointed for a term of four 
 years, by the superintendent, within ninety days after his 
 term of office begins, the appointments to be subject to rati- 
 fication by the board of supervisors. A majority of the 
 members shall be a quorum for the transaction of business. 
 For neglect of duty, the superintendent may remove a mem- 
 ber of the school board ; and he shall fill all vacancies occur- 
 ing from any cause. 
 
 Under Code 1906, 4530, interpreted in connection with 4510, 
 4533 and 4534, each county has a right to act for itself in the creation 
 of a separate district of unincorporated territory, and a separate 
 school district of unincorporated territory can not 'be created unless 
 it is wholly within one county, except that territory in different coun- 
 ties adjoining a municipality which is a separate school district may 
 be included in such district. Jones County v. Grisson, 97 Miss. 193, 
 52 So. 629. 
 
 Sec. 7331 Hemingway's Code. 
 
 4511. School boards How to qualify Compensation. 
 
PUBLIC SCHOOLS 49 
 
 Members of the county school board shall qualify by sub- 
 scribing to the oath of office before the superintendent, and 
 shall receive as compensation for their services three dollars 
 for each day's actual service, to be paid as teachers' salaries 
 are paid ; but they shall not be paid for more than five days 
 in any one year. 
 
 Sec. 7332 Hemingway's Code. 
 
 4512. School boards Ex officio president Bound- 
 aries of school districts. The county superintendent shall 
 be president of the school board and shall convene it annual- 
 ly, prior to the first day of August, to define the boundaries 
 of the school districts of the county outside of the separate 
 school districts or to make alterations therein, and to desig- 
 nate the location of the school-house in each district, if not 
 already located. 
 
 Code 1906, 4512, relative to meetings of th e county school board 
 to define boundaries of school districts, did not prevent holding more 
 than one such meeting in the same year. Purvis v. Robinson, 110 
 Miss. 64, 69 So. 673 
 
 Sec. 7333 Hemingways Code. 
 
 4513. School boards Certain institutions of learning 
 considered. In districts containing not more than one char- 
 tered institution of learning the board shall locate the public 
 school, if it be so desired by the authorities of the chartered 
 institution, with the consent of the trustees of the chartered 
 institution, at the site thereof ; and the public school shall be 
 conducted in accordance with the rules and regulations of 
 the chartered institution of learning, and the local trustees 
 of public schools, and the trustees of the chartered school 
 shall, in joint session, elect teachers for the public school. 
 
 CHAPTER 184. 
 LAWS 1916. 
 
 Sec. 7334 Hemingway's Code 
 
 4514. School boards Separate districts for the races 
 Descriptions of districts Interstate line schools. Sep- 
 arate districts shall be madie for the schools of the white and 
 the colored races, and the districts for each race shall em- 
 brace the whole territory of the county outside the separate 
 school districts. A regular school district shall not contain 
 less than forty-five educable children of the race for which 
 
50 PUBLIC SCHOOLS 
 
 the district is established, except where too great distance 
 or impassable obstructions would debar children from 
 school privileges, in such cases the school board may, in its 
 discretion, establish a regular district containing not less 
 than fifteen educable children. In places where swamps, 
 large streams, or other bodies of water or marsh, not cross- 
 ed by foot bridges, render it impracticable to establish reg- 
 ular districts as above provided, the school board may es- 
 tablish special districts for such children as live in the forks 
 or bends of streams or other bodies of water, or who are 
 prevented from attending school by other impassable ob- 
 structions; provided that a special district shall not be es- 
 tablished for less than ten educable children, but such spe- 
 cial district may contain less than nine square miles of ter- 
 ritory, and the whole number of such special districts in a 
 county shall not exceed one- fifth of the number of regular 
 districts. Adjacent parts of counties may by the county 
 school board be embraced in a line school district, the super- 
 intendent previously consenting thereto, and reporting to 
 the board of the territory to be so included. Trustees of 
 such districts may reside in either county. The teacher may 
 be licensed in either county, but the superintendent must 
 previously agree upon the amount of salary to be paid and 
 each must contract with the teacher for the proportionate 
 part of the salary, and shall require teachers monthly to re- 
 port to him to show the statistics of the whole school and 
 also separately of his county. In defining boundaries of 
 school districts the school board shall pay due regard to the 
 larger water courses of the county, using part of them as 
 boundary lines whenever practicable. In counties not laid 
 off into townships the metes and bounds of the school dis- 
 tricts shall be defined by streams by lines of farms or other- 
 wise. 
 
 "In localities where the state line between Mississippi 
 and adjoining states divides the school community the school 
 board may establish an interstate line school in the same 
 manner that county line schools are established, trustees of 
 such schools may reside in either state, but the new trustee 
 shall be so elected as to give each state the majority of trus- 
 tees alternately. Teachers may be licensed in either stats 
 and the amount of salary to be paid by each superintendent 
 shall be adjusted as in county line schools, due consideration 
 being given to any difference in the relative amount of 
 
PUBLIC SCHOOLS 51 
 
 school fund available in the counties in which the interstate 
 line school is located. The text-books used shall be as 
 equally divided between the adopted books of the two states 
 as possible, the teacher and trustees of the school making 
 the apportionment andi reporting the same to the superin- 
 tendent for approval." 
 
 Sec. 7335 Hemingway's Code. 
 
 4515. School boards Districts so made that all child- 
 ren can attend. The districts shall be so arranged as to 
 place all children within reasonable distance of a school- 
 house ; and one public school shall be maintained in each dis- 
 trict ; but when less than five children attend school in a dis- 
 trict, the school shall be discontinued by the superinten- 
 dent at the end of any scholastic month. 
 
 Sec. 7336 Hemingway's Code. 
 
 4516. Attendance out of proper District. Children 
 residing in one district may attend school in another, with 
 the consent, in writing, of the trustees of both districts and 
 of the county superintendent but pupils shall not be allowed 
 to attend more than one term during a scholastic year. 
 
 Public School Trustees. 
 
 Sec. 7338 Hemingway's Code. 
 
 4518. Trustees Qualifications How elected. There 
 shall be three trustees for each of said school districts, each 
 to be chosen for a term of three years, but so chosen that 
 one will be selected every year. They shall be persons of 
 good character, patrons of the school, and able to read and 
 write. The trustees shall be elected by the patrons of the 
 school, except in separate school districts. 
 
 CHAPTER 187. 
 LAWS 1914. 
 
 Sec. 7339 Hemingway's Code. 
 
 4519. Trustees When and how elected and certified. 
 On the first Saturday in May of each year, the patrons 
 of each district not constituting a separate school district 
 shall meet at the school-house at two o'clock p. m., organize 
 and elect a chairman and secretary, and elect by ballot, one 
 trustee for three years. At every such meeting the holding 
 over trustees shall have prepared and present a list of names 
 and patrons entitled to vote for trustees. The chairman 
 
52 PUBLIC SCHOOLS 
 
 and secretary shall forthwith certify the result of the elec- 
 tion to the county superintendent, and cause the certificate 
 thereof to be delivered to him on or before the following 
 Saturday. If, from any cause, a vacancy occurs in the of- 
 fice of trustee, outside of a separate school district, the coun- 
 ty superintendent shall fill the same by appointment, unless 
 the patrons thereof shall fill the same by an election within 
 ten days after such vacancy occurs. 
 
 Code 1892. 
 
 Though the majority of the trustees of a school are among those 
 permitted by the board of trustees to erect a boarding-house on the 
 school property, with an agreement that it shall remain their property, 
 the agreement as to its remaining the builders' property is not void as 
 an abuse of trust, the boarding-house being essential to the successful 
 conduct of the school and being 'built for that reason and not to en- 
 able them to make a profit out of their trust. Decell v. McRee, 83 
 Miss. 423, 35 So. 940. 
 
 CODE 1906. 
 
 Sec. 7340 Hemingway's Code. 
 
 4520. Trustees Vacancy How filled. If from a 
 failure to qualify, or from other cause, there be a vacancy 
 in the office of trustee, outside of a separate school district, 
 the county superintendent shall fill the same by appoint- 
 ment, in writing ; and the trustee so appointed shall hold of- 
 fice until the end of the vacant term, and until his successor 
 be elected. 
 
 Chap. 187, Laws 1914. Sec. 7341 Hemingway's Code. 
 
 4521. Trustees Quorum Executive officer Remov- 
 als. Two of the trustees constitute a quorum to transact 
 business. Upon organization, the trustees shall select a 
 secretary, whose duty it shall be to preside at all meetings, 
 to make reports, and to perform all other duties required by 
 law. If a trustee refuse to 'discharge the duties of the of- 
 fice or refuse to patronize the school, the office shall become 
 vacant, and the county superintendent shall appoint anoth- 
 er person to be trustee. 
 
 Code 1892. 
 
 While this section providing that existing trustees of certain sep- 
 arate school districts should remain in office according to the terms of 
 their apointment did not supersede Laws 1888, ch. 148, appointing 
 and conferring extraordinary powers upon the trustees of the Hazle- 
 
PUBLIC SCHOOLS 5.3 
 
 hurst public schools, yet such act was and is violative of Const. 1869, 
 art. 8, 1 (Const. 1890, 201), requiring a uniform system of public 
 schools. Ellis v. Greaves, 82 Miss. 36, 34 So. 81. 
 
 A deed conveying land to the trustees of a township for school 
 purposes and for no other use is not forfeited by a nonuser for two 
 and one-half years, even if the deed be assumed to be upon a condi- 
 tion subsequent. Buck v. Macon, 85 Miss. 580, 37 So. 460. 
 
 Chap. 187, Laws 1914. Sec. 7342 Hemingway's Code. 
 
 4522. Trustees to select teacher. 2. The trustees 
 shall meet annually on or before the fifteenth day of July to 
 select a teacher, if the school be opened during the winter 
 term, and thep shall at once notify the county superintend- 
 ent of their selection if the trustees fail so to report, or if 
 the teacher fail to obtain a license, the superintendent shall 
 appoint a licensed teacher and have the school taught dur- 
 ing the winter term. 
 
 Code 1906. 
 
 A false report of a public school, purporting to be signed by one 
 who had neither been elected by the trustees nor appointed nor con- 
 tracted with by the superintendent as a teacher of the school, did not 
 authorize the superintendent to issue a pay warrant thereon, and 
 hence, though false in fact, and though the superintendent issued a 
 certificate for the payment of salary thereon, could not be the subject 
 of forgery. Moore v. Sate, 107 Miss. 181, 65 So. 126. 
 
 Sec. 7343 Hemingway's Code. 
 
 4523. Trustees To examine enumeration. The trus- 
 tees shall scrutinize carefully the enumeration of educable 
 children who attend the school made by the teacher, see that 
 the children of the district and none others are included in 
 the list, and certify the same over their official signatures 
 placed in the teacher's register at the end of the list; and 
 the enumeration thus reported and certified shall guide the 
 superintendent in determining the salary of the teacher for 
 the ensuing year. 
 
 Sec. 7344 Hemingway's Code. 
 
 4524. Trustees Other duties. The trustees may sus- 
 pend or expel a pupil for misconduct, and shall look after 
 the interests of their schools, visit the same at least once 
 during each month by one or more of their number, see that 
 fuel is provided, protect the school property and care for 
 the same during vacation, and arbitrate difficulties or dis- 
 
54 PUBLIC SCHOOLS 
 
 putes between teachers and pupils ; but either party feeling 
 aggrieved by their decision, may appeal to the county super- 
 intendent, and from (him to the state board of education. 
 And the trustees may make provision for the comfort and 
 welfare of the pupils ; but the same shall not involve an ex- 
 penditure of money not already appropriated for the pur- 
 pose by the proper authorities. 
 
 CHAPTER 171. 
 HOUSE BILL No. 609. 
 
 AN ACT to amend chapter 185, laws of 1916, entitled "An act to 
 amend section 4525 of the code of 1906, giving additional powers 
 to the trustees of separate school districts so as to give the trus- 
 tees authority to suspend and dismiss pupils when the best in- 
 terest of the school makes it necessary," so as to authorize trus- 
 tees of the separate school districts to prepare annually a bud- 
 get for the support of the public schools, to employ physical in- 
 structors and visiting nurses, to provide for medical inspection 
 of pupils, and to contract with superintendents, principals and 
 teachers for a term of years and to make salaries payable month- 
 ly twelve months in the year 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That chapter 185, laws 1916, be, and 
 the same is hereby amended to read as follows : 
 
 4525. Trustees of Separate School Districts. The 
 powers and duties of separate school districts are as fol- 
 lows : 
 
 (a) To prescribe and enforce rules, not inconsistent 
 with law or those prescribed by the state board of education, 
 for their own government and government of schools, and 
 to transact their business at regular and special meetings 
 called for such purpose, notice of which shall be given each 
 member. 
 
 (b) To manage and control the school property with- 
 in their district, and to employ janitors. 
 
 (c) To enforce in schools the course of study and the 
 use of text books prescribed and adopted by the proper au- 
 thorities. 
 
 (d) To appoint librarians therefor, and enforce the 
 rules prescribed for the government of school libraries. 
 
PUBLIC SCHOOLS 55 
 
 (e) To exclude from the schools and school libraries 
 all books, or papers, of a sectarian, partisan, denominational 
 or immoral character. 
 
 (f ) To visit every school in their district at least once 
 in each month, and examine carefully into its management, 
 condition and wants. 
 
 (g) To maintain all the schools under their control 
 for an equal length of time during the year. 
 
 (h) To furnish blackboards and other necessary fur- 
 niture for the use of the schools. 
 
 (i) To elect a superintendent, if one be required, and 
 a principal for each of the schools, and! prescribe their pow- 
 ers and duties. 
 
 (j) To elect teachers, fix salaries, terms of service, 
 contract with them and impose fines and penalties for neg- 
 lect of duty, but they cannot contract with a principal or 
 teacher who does not hold a license from the county super- 
 intendent. 
 
 (k) To require the principals of each school to keep 
 the records thereof in such a manner as to show, by age, 
 race and sex, the educable children who attend the school, 
 the enrollment and the average attendance, and at the end 
 of the term to make complete term report to the trustees, 
 showing the above statistics and such others as* may be re- 
 quired of the county superintendent for his annual report 
 to the state board of education. The secretary of the trus- 
 tees shall, within ten days after the close of the term, trans- 
 mit their report to the county superintendent ; and it shall be 
 unlawful for the superintendent to issue pay certificates for 
 the last month's attendance of county pupils until said re- 
 port is filed with him. 
 
 (1) To determine annually the amount of money re- 
 quired for the support of the public schools and for carry- 
 ing into effect all the provisions of the law in reference 
 thereto and in pursuance of this provision the trustees shall, 
 on or before the fifteenth of July of each year submit in 
 writing to the mayor and the board of aldermen a careful 
 estimate of the whole amount of money to be received from 
 the state and county and the amount required from the mu- 
 nicipality for the above purpose. 
 
56 PUBLIC SCHOOLS 
 
 (m) That the board of trustees shall also have au- 
 thority and it shall be their duty to suspend or dismiss pu- 
 pils, when the best interest of the schools make it necessary. 
 
 (n) That the boards of trustees shall have authority, 
 acting either separately or jointly with the other boards of 
 trustees, to employ physical instructors and visiting nurses, 
 and to provide for medical inspection of school children. 
 
 (o) That boards of trustees shall have authority to 
 contract with superintendents, principals .and teachers, for 
 a term of years, not exceeding three years, said salaries at 
 the option of the boards to be made payable monthly, twelve 
 months in the year. 
 
 Section 2. That this act take effect and be in force 
 from and after its passage. 
 
 Approved April 3, 1920. 
 
 Code 1892. 
 
 The election of a school trustee, though subsequent to the date 
 fixed by law, imparts color and right to the office and a contract with 
 a teacher made through his participation in the proceedings of the 
 board, of which he was a de facto member, is valid, and the county 
 superintendent of education can be compelled by mandamus to give 
 the same official recognition. Whitman v. Owen, 76 Miss. 783, 25 
 So. 6'69. 
 
 In mandamus by a teacher to enforce her rights under such a con- 
 tract it is competent to show that the trustee had been recognized as 
 such 'by the county superintendent and others. Whitman v. Owen, 76 
 Miss. 783, 25 So. 669. 
 
 Code 1906. 
 
 Code 1906, 4525, 4623', do not authorize the adoption of a rule 
 requiring all pupils of the school to remain in their homes and study 
 between designated hours in the evening. Hobbs v. Germany, 94 Miss. 
 469, 49 So. 515. 
 
PUBLIC SCHOOLS 57 
 
 CHAPTER 186. 
 LAWS 1916. 
 
 Sec. 7346 Hemingway's Code. 
 
 Transportation of public school children into a separate 
 district. 8. On petition of a majority of the qualified elec- 
 tors of a county public school district and on approval of the 
 trustees of a municipal separate school district or the trus- 
 tees of a rural separate school district, the board of trustees 
 of the said county public school, together with the county 
 superintendent, may provide transportation for the children 
 of said county public school to said separate district under 
 rules and regulations of the state board of education ; pro- 
 vided, that the cost to the county of tuition and transporta- 
 tion shall not be materially more than the average cost of 
 county pupils. Tutition and transportation expenses shall 
 be paid by the county superintendent from the public school 
 fund. 
 
 Chap. 186, Laws 1916. Sec. 7347 Hemingways Code. 
 
 4526. Trustees of separate school districts How chos- 
 en. The schools of a separate district shall be under control 
 of five trustees, elected in a municipal separate district by 
 the board of mayor and aldermen, on the second Monday in 
 April or at the first regular meeting prior thereto ; for rural 
 separate districts the county superintendent shall appoint 
 the trustees. When a majority of the qualified electors of 
 a rural district shall petition by the first day of April for 
 the appointment of certain patrons as trustees, the county 
 superintendent shall appoint those recommended. For line 
 separate school districts, the trustees shall be appointed by 
 the county superintendent of the county in which the school 
 building is situated. Trustees shall be patrons of the school. 
 The conditions of eligibility imposed and powers granted 
 trustees, under the general law, shall apply to the trustees 
 of separate school districts, and they shall be subject to the 
 same penalties, and to removal from office by the board for 
 neglect of duty, but no member of the board of aldermen, 
 trustee of a private or sectarian school or college in the same 
 separate school district shall be eligible to the office of trus- 
 tee. They shall be chosen for a term of three years ; two 
 being chosen each year for two successive years, and one the 
 third; year as vacancies occur. 
 
58 PUBLIC SCHOOLS 
 
 Code 1906. 
 
 Code 1906, 4526, 4527, were not retroactive so as to cause the 
 removal of trustees who were competent to serve at the time of their 
 appointment prior to the adoption of 'the code. Tucker v. State, 89 
 Miss. 363, 42 So. 798. 
 
 Chap. 186, Laws 1916. Sec. 7348 Hemingway's Cede. 
 
 Power of trustee. 10. Trustees of all separate districts 
 are custodians of the school property and shall have charge 
 of the erection, repairing or equipping of buildings, and 
 they are hereby authorized to write orders to the clerk of 
 the municipality or to the county superintendent, to issue 
 warrants or pay certificates on any available school funds 
 of such school districts. 
 
 They may add the high school department and may or 
 may not charge tuition in said department at their discre- 
 tion. In co-operation with the principal of the school they 
 may prescribe the course of study for the high school de- 
 partment. 
 
 Code 1906. 
 
 Sec. 7349 Hemingway's Code. 
 
 4528. As to all school trustees. The trustees have the 
 power to exclude from the schools children of filthy or vici- 
 ous habits, or children suffering from contagious or infec- 
 tious diseases. 
 
 Sec. 7350 Hemingway's Code. 
 
 4529. As to all school trustees Nepotism forbidden. 
 It shall be unlawful for a trustee of any school to vote for 
 any person as a teacher who is related to him by blood or 
 marriage within the third degree, or who is pecuniarily de- 
 pendent upon him. 
 
 CHAPTER 195. 
 LAWS 1916. 
 
 Sec. 7352 Hemingway's Code. 
 
 Taxation. 
 
 Rural school districts Tax levy in. 1. That on peti- 
 tion of the majority of the qualified electors of any rural 
 school district, the board of supervisors shall in the same 
 manner as provided for separate school districts, annually 
 
PUBLIC SCHOOLS 59 
 
 levy a tax on the property of said district for the purpose 
 of supplementing the salaries of the teachers of the district, 
 or for extending the school term thereof; or for both pur- 
 poses. 
 
 This section purports to amend Laws 1914, ch. 189, 2. It amends 
 1 instead. Laws 1914, 1 follows. 
 
 CHAPTER 189. 
 LAWS 1914. 
 
 Sec. 7353 Hemingway's Code. 
 
 Tax levy in districts not less than twelve square miles 
 in territory. 1. On petition of the majority of the qualified 
 electors of any school district containing not less than 
 twelve square miles, the board of supervisors shall in the 
 same manner as provided for separate school districts, an- 
 nually levy a tax on the property of said district for the pur- 
 pose of supplementing the salaries of the teachers of the dis- 
 trict, or for extending the school term thereof ; or for both 
 purposes. 
 
 Chap. 189, Laws 1914. Sec. 7354 Hemingway's Code. 
 
 Collection and disbursement of such taxes. 2. The 
 tax collector shall collect the taxes of such districts as other 
 taxes are collected, and deposit same with the county treas- 
 ury to the credit of the several districts, respectively, for 
 which said taxes are levied. Such f undfe shall be disbursed 
 on pay certificates issued by the county superintendent, on 
 the order of the trustees of the district. 
 
 CHAPTER 127. 
 LAWS 1908. 
 
 Sec. 7355 Hemingway's Code. 
 
 Municipality not in a separate school district may levy 
 special tax. 1. Any municipality not composing a separate 
 school district, on petition of a majority of the taxpayers in 
 such municipality, may levy an annual tax, not exceeding 
 three mills on the dollar, for the purpose of aiding, as the 
 mayor and board of aldermen may see fit, in the education of 
 the children of educable age living within such municipal 
 limits. 
 
60 PUBLIC SCHOOLS 
 
 CHAPTER 172. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Missipsipi, That House Bill No. 92, chapter 197, of 
 the acts of the legislature of 1914, be amended so as to read 
 as follows : 
 
 That the board of supervisors of any county is author- 
 ized to issue bonds of the county, a supervisors' district or a 
 school district containing not less than sixteen (16) square 
 miles, or of any school district with an assessed valuation of 
 not less than one hundred thousand dollars ($100,000.00) 
 excluding in each case, the territory embraced within sepa- 
 rate school district, for the purpose of erecting, repairing 
 and equipping school buildings for the county, a supervisors 
 district, or a school district as the case may be. 
 
 Section 2. Whenever a majority of the resident tax 
 payers of a county, of a supervisors' district or of a school 
 district containing not less than sixteen (16) square miles, 
 or of any school district with an assessed valuation of not 
 less than one hundred thousand dollars ($100,000.00), shall 
 petition the boandi of supervisors to issue bonds for the pur- 
 poses hereinbefore stated, the board of supervisors of such 
 county shall issue bonds of the county of a supervisors' dis- 
 trict or of a school district, according to the direction of the 
 petitioners, not to exceed five per centum (5%) of the 
 assessed value of the county, if it be for the county ; or of 
 the district if it be for a supervisors' district ; or of a school 
 district, if it be for a school district, said bonds to be issued 
 in the manner provided in the chapter on municipalities. 
 
 When a county, a supervisors' district or a school dis- 
 trict shall become obligated through the sale of bonds as in- 
 dicated herein, it shall be the duty of the board of super- 
 visors to levy a tax annually on the taxable property of the 
 county, or supervisors' district, or school district, as the 
 case may be, sufficient to pay the interest on said bonds and 
 to create a sinking fund for their redemption. 
 
 Section 3. On petition of a majority of the qualified 
 electors of any public school district in a county, the board 
 of supervisors shall levy a tax on the property of that dis- 
 trict for the purpose of supplementing salaries of teachers, 
 
PUBLIC SCHOOLS 61 
 
 extending school term, buying furniture for the school, re- 
 pairing school building, or for fuel and other incidental ex- 
 penses of the school in said district. 
 
 Section 4. The tax collector shall collect the taxes 
 levied under the provisons of this act as other taxes are col- 
 lected and deposit the same with the county treasurer to the 
 credit of the county or district for which it was levied. Such 
 funds shall be disbursed on pay certificates issued by the 
 county superintendent on the order of the county school 
 boar:" for the county or supervisors' district, and the order 
 of the school trustees for the school district. 
 
 Section 5. That this act take effect and be in force 
 from and after its passage. 
 
 HOUSE BILL No. 134. 
 
 AN ACT to amend sections 3 and 4 of chapter 147 of the laws of 1914 
 relative to the issuance of bonds by cities of 8,000 or more inhabi- 
 tants, so as to permit such cities to issue bonds for the purpose of 
 raising money for the erection and purchase of municipal and 
 school buildi gs, and for the purchase of land therefor, and for 
 improvement, repair and adornment thereof, and for the con- 
 struction of bridges, wharves, docks, terminals and harbors and 
 establishment of landings and the purchase of land therefor; and 
 the repair and improvement thereof; and that the amount of such 
 bonds may exceed ten per centum but in no case to exceed fifteen 
 per ce'itum such municipality; and to provide that the limit on 
 the amount of which has been or will be invested in enterprises 
 producing or having sufficient revenue over and above their op- 
 erating expenses. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 3 of chapter 147 of the 
 laws of 1914, be so amended as to read as follows : 
 
 "The amount that may be issued by cities having 8,000 
 or more inhabitants for the purpose of improving or paving 
 streets or sidewalks, or constructing or otherwise acquir- 
 ing water works, gas, electric plants, and for the im- 
 provement, repair and extension thereof, or erecting or 
 otherwise acquiring municipal and schoorbuildings and the 
 purchase of such buildings or the land therefor, and 1 the 
 improvement, repair and adornment thereof, or construct- 
 
62 PUBLIC SCHOOLS 
 
 ing bridges wharves, docks, harbors, terminals and the es- 
 tablishment of landings, and the purchase of land therefor, 
 and the repair and improvement therefor, may exceed ten 
 per centum, but in no case exceed fifteen per centum of 
 the assessed value of the taxable property of such muni- 
 cipality which shall be submitted to an election as pro- 
 vided in section 2 of said Chapter 147." 
 
 Sec. 2. That section 4 of said Chapter 147, be so 
 amended as to read as follows : 
 
 The limit on the amount of bonds that may be issued 
 shall not apply to bonds or other obligations issued for 
 liquidation or to raise funds to liquidate any indebtedness 
 when this act becomes operative, or to bonds, the proceeds 
 of which have been or will be invested in enterprises pro- 
 ducing or having sufficient revenue over and above their 
 operating expenses to pay the interest on these bonds. 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
 Approved February 19, 1920. 
 
 CHAPTER 257. 
 LAWS 1918. 
 
 AN ACT providing for the levying of a per capita fuel tax in any pub- 
 lic school district on the patrons of the school. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississipi, That upon the presentation of a petition 
 signed by a majority of the patrons of any public school 
 district to the board of supervisors on or before the first 
 Monday in September of any year, asking that a per capita 
 tax for fuel for the use of the school be assessed upon the pa- 
 trons of the school, the board of supervisors shall authorize 
 and empower the board of trustees of said school district 
 to assess upon the patrons of the school of the district and 
 collect from them a fuel tax sufficient to meet the needs of 
 the school for the ensuing session, the same to be prorated 
 according to the number of educable hildren in the district ; 
 provided that any patron shall be allowed to pay this fuel 
 tax in wood or other suitable fuel if same is delivered at 
 the school building by the end of the first scholastic month 
 
PUBLIC SCHOOLS 63 
 
 of the said school term. Provided, further that the trustees 
 shall have power in their discretion to exempt from the pro- 
 visions of said tax patrons who are dependent widows, and 
 other^ patrons whose financial or physical condition may 
 render them incapable of paying said tax. In collecting 
 the tax as authorized by the above provision the trustees 
 shall have the same powers as are now given the sheriff in 
 the collection of the commutation road tax. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 CHAPTER 197. 
 LAWS 1914. 
 
 Sec. 7358 Hemingway's Code. 
 
 Tax Levy For Fuel For School Purposes On a petition 
 of a majority of the qualified electors for the public school 
 district in a county, the Board of Supervisors shall levy 
 a tax on the property of that district to provide fuel and 
 other incidental expenses of the school in said district. 
 
 CHAPTER 186. 
 LAWS 1916. 
 
 4530. Separate school districts. 1. Any municipal- 
 ity, by an ordinance of the mayor and board of aldermen 
 thereof, or any unincorporated district with an assessed tax- 
 able valuation of not less than two hundred thousand dollars 
 ($200,000.00), or any unincorporated district of not less 
 than sixteen square miles, by the county school board or 
 county school boards, on a petition of a majority of the 
 qualified electors therein, may be declared a separate school 
 district, but shall not be entitled to the rights andl privileges 
 of a separate school district unless a free public school shall 
 be maintained therein for a term of at least seven months 
 in each scholastic year; provided, that there is an average 
 attendance of twenty-five pupils. 
 
 Code 1906. 
 
 Under Code 1906, 4530, interpreted in connection with 4510, 
 4533 and 4534, each county has a right to act for itself in the creation 
 of a separate district of unincorporated territory, ar.d a separate 
 
64 PUBLIC SCHOOLS 
 
 school district of unincorporated territory can not be created unless it 
 is wholly within one county, except that territory in different coun- 
 ties adjoining a municipality which is a separate school district may 
 be included in such district. Jones County v. Grisson, 97 Mise. 193, 
 52 So. 629. 
 
 It is not necessary, in order that a separate school district be 
 created by a municipality, that it be shown that the district can main- 
 tain a school for a term of seven months or that it be petitioned by 
 a majority of the qualified electors. Mebane v. Hickory Flat, 99 
 Miss. 592, 55 So. 359. 
 
 In Const. 1890, 90, par. "p," the word "incorporating" was not 
 used in a technical sense as signifying a corporation, but was applic- 
 able to common and private schools alike and since Code 1906, 4530, 
 provides the method whereby separate school districts may be estab- 
 lished, Laws 1912, ch. 288 authorizing the school board of Harrison 
 County to establish a separate school district in that county, was un- 
 constitutional as a special law, and invalid. Hewes v. Langford, 105 
 Miss. 375, 62 So. 358. 
 
 Declaration by a mayor and board of aldermen of a municipality 
 that its territory should constitute a separate school district was in- 
 operative where the territory had been formerly incorporated with a 
 district formed by another municipality. Carrollton v. North Car- 
 rollton, 109 Miss. 344, 69 So. 483. 
 
 CHAPTER 180. 
 LAWS 1918. 
 
 HOUSE BILL NO. 320. 
 
 AN ACT to amend section 7, chapter 186, laws 1916, so as to authorize 
 county superintendents of education to pay for children of their 
 county attending a separate school district in an adjoining county. 
 
 Section 1. Be it enacted by the Legisature of the State 
 of Mississippi, That section 7, chapter 186, laws of 1916, be 
 amended to read as follows : 
 
 County children may attend the schools of a separate 
 school district, either in their own county or in adjoining 
 county, and the county shall pay the separate school dis- 
 trict they attend an amount per child equal to the cost per 
 child to the county in the county public schools for the pre- 
 cedling session, each race being calculated separately, but a 
 
PUBLIC SCHOOLS 65 
 
 child in the county shall not attend school in a separate 
 school district without the consent in writing of the trustees 
 thereof, the trustees of the school in his district, and the 
 county superintendent of education. 
 
 Sec. 2. That chapter 180, laws of 1918 is hereby re- 
 pealed. 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 17, 1920. 
 
 HOUSE BILL NO. 337. 
 
 AN ACT to amend section 4516 of the code of 1906 so as to allow 
 children to attend school in an adjoining county and be paid for 
 by the county in which they reside. 
 
 Section 1. Be it enacted by the Legislature of the State 
 of Mississippi, That section 4516 of the code of 1906 be 
 amended so as to read! as follows : 
 
 4516. Attendance Out of Proper District. Children 
 residing in one district may attend school in another district 
 either in their own or in an adjoining county with the con- 
 sent in writing of the trustees of both districts, andl of the 
 county superintendent, or county superintendents, as the 
 case may be ; such children shall be enrolled and paid for 
 by the county in which they reside, in the same manner as 
 public school teachers of line schools are paid. Pupils shall 
 not be allowed to attend more than one term during the 
 scholastic year. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 Approved! March 15, 1920. 
 
 CHAPTER 186. 
 LAWS 1916. 
 
 Sec. 7361 Hemingway's Code. 
 
 4533. Territory to be added to separate school dis- 
 trict. 2. Any part of a county or counties adjoining a 
 municipality which is a separate school district may be' 
 added to such district by the county school board upon peti- 
 
66 PUBLIC SCHOOLS 
 
 tion of a majority of the qualified electors of the territory 
 proposed to be added provided such petition shall have been 
 approved by the trustees of the separate district. 
 
 Code 1892. 
 
 Code 1892, 3018 (Code 1906, 3421), has no reference to rail- 
 roads, and a municipality, being a separate school district, can not 
 assess taxes for school purposes on a railroad track and right of way 
 outside its corporate limits, though such property is embraced in an 
 extension of territory made under this section. New Albany v. Kan- 
 sas City &c. R. Co., 76 Miss. Ill, 23 So. 546. 
 
 Under Code 1906, 4533, an ordinance of the mayor and 
 board of aldermen of a town adding additional territory to a separate 
 school district was not invalid because not published or recorded in 
 the ordinance book, there being no such requirement in the statute. 
 Wallace v. State, 104 Miss. 83, 61 'So. 162. 
 
 Under Laws 1912, ch. 129, the ordinance attempting to release 
 territory from the district was void where it did not recite that it was 
 passed pursuant to a petition of the resident freeholders of the terri- 
 tory, since the board was exercising a limited and special jurisdiction, 
 and the existence of all facts necessary to confer such jurisdiction 
 must affirmatively appear from the ordinance. Wallace v. State, 104 
 Miss. 83, 61 So. 162. 
 
 Laws 1912, ch. 129, providing that the board of aldermen "may" 
 release territory added to a separate school district, is mandatory. 
 Carrollton v. North Carrollton, 109 Miss. 494, 69 So. 179. 
 
 CHAPTER 173. 
 HOUSE BILL NO. 628. 
 
 An ACT to amend chapter 181 laws of 1918 amending section 3, 
 chapter 186, laws of 1916 so as to provide for the approval of 
 the entire added territory for the release of any territory lying 
 outside of corporate limits of the municipality. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 3 of chapter 186 of the 
 laws of 1916 as amended by chapter 181 of the laws of 1918 
 be amended so as to read as follows : 
 
 That the mayor and board of aldermen of any muni- 
 cipality in this state constituting a separate school district 
 
PUBLIC SCHOOLS 67 
 
 shall release from such district any part of the added ter- 
 ritory lying outside of the corporate limits on a petition 
 of a majority of the qualified electors of the territory pro- 
 posed to be released, provided no territory shall be released 
 as herein provided unless all the territory is included in the 
 petition for release which was included in the original peti- 
 tion admitting that particular territory; provided further 
 that no territory shall be released as herein provided if the 
 release of such territory would entirely sever or separate 
 from the municipality other territory not released from the 
 municipality constituting such separate school district, pro- 
 vided that said municipal separate school district, has no 
 outstanding bonded indebtedness, and provided further that 
 no petition for release shall be presented to mayor and 
 board of aldermen later than June the first of each year. An 
 order shall be entered on the minutes of the board of alder- 
 men describing that part of the added territory that is re- 
 leased 1 . 
 
 Section 2. That this act take effect and be in force 
 from and after its passage. 
 Approved April 3, 1920. 
 
 CHAPTER 179. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 4 of House Bill No. 161, 
 chapter 186 of Laws 1916, be and the same is hereby amen- 
 ded to read as follows : 
 
 Sec. 4. Municipal separate districts; tax levy, bond 
 issue. The mayor and board of aldermen of a municipal- 
 ity constituting a separate school district, whether such dis- 
 trict is composed alone of the corporate limits or the cor- 
 porate limits and added territory, shall annually levy a tax 
 on the entire separate district sufficient to pay for fuel and 
 other necessaries for the public schools of the district, also 
 for maintaining the school after the four months term pro- 
 vided by the state, or to supplement during said 1 four 
 months. The mayor and board of aldermen of such muni- 
 cipality may also levy a tax on the entire school district, in- 
 cluding added territory, to erect, repair and equip school 
 buildings including teachers' homes, and may issue bonds 
 
68 PUBLIC SCHOOLS 
 
 on the separate district for that purpose in the manner pro- 
 vided in the chapter on municipalities. The taxable pro- 
 perty of such added territory to such municipality shall be 
 assessed and the tax collected for all school purposes, in- 
 cluding bond issues for schools (whether issued in the name 
 of the municipality or of such school district) , in the same 
 manner as on the property within the corporate limits; on 
 the question of levy for school and of issuance of school 
 bonds provided for in this section the qualified electors and 
 the tax payers have the same rights and benefits as those 
 within the corporate limits of such municipality. For the 
 purpose of an election on a question pertaining to schools, 
 such municipality shall cause the qualified electors in such 
 added territory to be registered in like manner as those 
 within the corporate limits, and governed by the same laws 
 as far as applicable. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 CHAPTER 256. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That all municipal and unincorporated 
 separate school districts, and all consolidated school dis- 
 tricts, which have exercised the privileges and franchises of 
 a school district for a period of two years shall in all cases 
 conclusively presumed to have been legally established and 
 organized. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 CHAPTER 255. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, that children of educable age residing 
 in separate school districts may attend any county public 
 school within reach of their homes, and be enrolled as pupils 
 in said county public school and paid for out of the public 
 school fund of said separate school district in such manner 
 and under such regulations as may be prescribed by the 
 
PUBLIC SCHOOLS 69 
 
 board of trustees of said separate school district; provided, 
 that no children shall be so enrolled and paid for except 
 with the consent in writing of the trustees of both the sep- 
 arate school district and the county public school, and also 
 of the county school supervisor, or county superintendent. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 CHAPTER 260. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That in a county or counties where there 
 are Indian children, or children of any race not otherwise 
 provided for by law with educational advantages sufficient 
 to form a school, the county 'school board or boards may 
 locate one or more schools exclusively for Indians, or child- 
 ren of such other race, and pay salaries of teachers for same 
 under rules and regulations prescribed by the state board 
 of education. Special licenses may be provided by the state 
 board of examiners for teachers of Indian schools and other 
 schools mentioned in this section. 
 
 Sec. 2. That trustees of municipal separate school dis- 
 tricts are authorized and empowered to provide schools for 
 Indian children living within the district in the same man- 
 ner and under the same regulations as schools are provided 
 for the children of other races. 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
 CHAPTER 259. 
 LAWS 1918. 
 
 AN ACT authorizing the transportation of children within a separate 
 school district. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, The trustees of all separate school dis- 
 tricts are authorized and empowered to provide transpor- 
 tation when necessary for the children in their respective dis- 
 tricts who live two miles o<r more from the school house, 
 
70 PUBLIC SCHOOLS 
 
 and pay for same out of the school funds of the district, as 
 teachers' salaries are paid. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 CHAPTER 186. 
 LAWS 1916. 
 
 Sec. 7364 Hemingway's Code. 
 
 Rural separate district Tax levy Bond issues. 5. 
 For separate school districts having no municipal organi- 
 zation, the board of supervisors on petition of a majority 
 of the qualified electors shall levy a tax sufficient to pay 
 for fuel and other necessities for its public schools, and 
 shall make such levy of taxes as may be necessary to main- 
 tain the schools after the expiration of the four months' 
 term provided for by the State, or to supplement during 
 the four months' term. The supervisors may also levy 
 taxes to erect, repair and equip school buildings and 
 houses, and may issue bonds for that purpose in the manner 
 provided in the chapter on municipalities. In separate 
 school districts lying in two or more counties the board of 
 supervisors of each county shall levy the required tax in 
 their respective counties on such petition, and it shall not 
 be necessary that a majority of the qualified electors of 
 such district in each county shall sign the petition, but a 
 majority of all the qualified electors of district, regardless 
 of county lines, shall be sufficient to require the several 
 boards of supervisors to levy the tax, and when the amount 
 of the required tax shall be once fixed, it shall remain the 
 same for each successive year so long, as the district is 
 maintained, unless changed by a petition of a majority of 
 the qualified electors of the district. The tax assessor or 
 assessors shall make a separate assessment of such dis- 
 tricts, and the county tax collector or collectors, shall collect 
 the same each year and deposit it with the county treasurer, 
 or treasurers, to the credit of the district for which it was 
 levied. Provided, however, where separate school districts 
 be created after the assessor's roll shall have been completed 
 for the year, that the tax collector for such year shall col- 
 lect the tax on said district basing the same on previous 
 assessment. Such funds shall be disbursed on pay certifi- 
 cates issued by the county superintendent or superintendents 
 
PUBLIC SCHOOLS 71 
 
 when he or they shall have received an order from the 
 trustees of the district, pay certificates to be prorated ac- 
 cording to the amount in each treasury to the credit of such 
 district. 
 
 CODE 1906. 
 
 A railroad could not enjoin the collection of a tax for the sup- 
 port of school districts created after February 1st under Laws 1910, 
 ch. 217. Illinois &c. R. Co. v. Middleton, 109 Miss. 199, 68 Sc\ 146. 
 
 Chap. 186, Laws 1916. Sec. 7365 Hemingway's Code. 
 
 To provide for the consolidation of municipal separate 
 school districts. 6. That where two or more municipali- 
 ties lying adjacent to or near each other desire to do so, 
 they may join in forming and maintaining a joint separate 
 school district, that where the people of such municipali- 
 ties desire to come under the provisions of this bill, separate 
 petitions may be circulated in each municipality, praying 
 the mayor and board of aldermen or the municipal com- 
 missioners where the municipality is operating the com- 
 mission form of government, praying for the uniting of the 
 said municipalities in one separate school district; and if 
 the said petition be signed by a majority of the qualified 
 electors of such municipality, in each of the municipalities 
 respectively the mayor and board of aldermen shall pass 
 an ordinance adopting this chapter. When said chapter is 
 adopted as aforesaid the boards of each municipality shall 
 meet in joint session at a place to be agreed upon or in case 
 they can not agree then at the place of meeting of the board 
 of mayor and aldermen of the larger municipality and shall 
 make a joint levy of taxes for the support of the joint sep- 
 arate school, which tax shall be collected in each municipali- 
 ty by its local tax collector and paid into its local treasury 
 subject to the order of trustees herein provided for in sup- 
 port of the joint separate school. The said separate school 
 shall be governed and controlled by a board of five trustees 
 to be elected on the second Monday in April or at the first 
 regular meeting prior thereto, the sidd trustees to be ap- 
 portioned between the said municipalities according to the 
 number of educable children in said entire separate school 
 district, the board of mayor and aldermen or commissioners 
 of each municipaliy to elect the number of trustees to which 
 it is entitled. The said board of trustees shall have the pow- 
 
72 PUBLIC SCHOOLS 
 
 ers and be charged with the duties of other municipal sep- 
 arate school district trustees. 
 
 HOUSE BILL No. 647. 
 
 AN ACT to provide methods by which counties may borrow money in 
 anticipation of taxes, and repealing section 334 of the code of 
 1906 and chapter 121 of the laws of Mississippi 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That in counties in Mississippi having 
 more than thirty thousand inhabitants, the board of super- 
 visors may borrow money not exceeding $100,000.00 in one 
 year in anticipation of taxes, and in counties of less than 
 thirty thousand inhabitants not more than $50,000.00 in 
 one year, in anticipation of taxes, for the purpose of defray- 
 ing the expenses of the county, and may issue their nego- 
 tiable notes therefor maturing not later than February 15th 
 of the year succeeding the year in which they are issued. 
 And the board may borrow said money as hereinbefore pro- 
 vided from its county treasurer, who is authorized to lend 
 said board not exceeding said amount out of any fund or 
 funds in the treasury of the county not otherwise appro- 
 priated, for the expense of the current year. The notes 
 herein authorized shall bear interest at a rate to be fixed 
 by the board, not exceeding six per cent per annum, and 
 said interest may be evidenced x by coupons attached to said 
 notes, and said notes shall be payable at any place to be 
 named by the board of supervisors. 
 
 For the payment of such loan the board of supervisors 
 shall levy a special tax each year sufficient to pay the 
 amount borrowed for use that year, with interest, and such 
 notes shall be paid out of the first money collected for taxes 
 for the year in which they are issued. Said notes shall not 
 be issued until the board of supervisors shall have published 
 notice of its intention to issue same, said notice to be pub- 
 lished, once each week for three weeks in some newspaper 
 having a general circulation in said county, with not less 
 than twenty^one days nor more than sixty days intervening 
 between the time of .the first notice and the meeting at 
 which said board proposes to issue such notes, and if within 
 that time ten per cent of the adult tax payers of the county, 
 exclusive of those who pay poll tax only, shall protest 
 
PUBLIC SCHOOLS 73 
 
 against the issuance of such notes, then said notes shall not 
 be issued unless authorized by a majority of the qualified 
 electors of said* county, voting at an election to be called and 
 held for that purpose. 
 
 Sec. 2. That section 334 of the Mississippi code of 
 1906 and chapter 121 of the laws of Mississippi 1918, and 
 all other laws and parts of laws in conflict herewith, be and 
 the same are hereby repealed. 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 17, 1920. 
 
 HOUSE BILL NO. 211. 
 
 AN ACT to amend section 2 of chapter 209 of the laws of 1918, so as 
 to authorize borrowing by municipalities without electon, in 
 anticipation of collections under special assessments. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 2 of chapter 209 of the 
 laws of 1918 be, and the same hereby is amended to read as 
 follows : 
 
 That no interest bearing debt, except as provided in 
 section 1 of this act, shall be incurred in any county, muni- 
 cipality or other taxing district, unless authorized by a 
 majority of the electors who shall vote in an election called 
 for that purpose ; but this shall not prevent either a muni- 
 cipality or county from borrowing money in anticipation 
 of taxes as now provided by law, nor shall this section ap- 
 ply to special assessments levied by municipalites for pub- 
 lic improvements, or to debts incurred in anticipation of 
 collections under such assessments. 
 
 Sec. 2. That this act shall take effect and be in force 
 from and after its passage. 
 Approved March 6,< 1920. 
 
 CHAPTER 183. 
 LAWS 1914. 
 
 Sec. 7366 Hemingway's Code. 
 
 Teachers' salaries Supervisors may borrow money to 
 pay in certain cases. 1. The boards of supervisors in the 
 
74 PUBLIC SCHOOLS 
 
 various counties be and the same are hereby authorized to 
 borrow money to pay teachers' salaries during the fall 
 months of the session when there is no school funds in the 
 treasury for this purpose. 
 
 Chap. 183 Laws 1914. Sec. 7367 Hemingway's Code. 
 
 Interest and principal of sum borrowed How to be 
 paid. 2. That whatever- interest is necessary shall be 
 taken care of by an appropriation out of the general county 
 fund, or out of the funds of separate school districts, when 
 money is borrowed for their account. The principal of the 
 amount borrowed as indicated in the first section of this 
 act, shall be refunded out of the common school fund' of the 
 county or out of the funds of the separate school districts 
 after it has been distributed by the state, or collected by 
 legal levies in the county or separate districts. 
 
 CHAPTER 207. 
 SENATE BILL No. 473. 
 
 AN ACT to amend section 1 of chapter 183 of the laws of 1914, en- 
 titled "An Act to authorize boards of supervisors to borrow 
 money to pay teachers' salaries during the fall months when 
 there is no school funds in the county treasury for paying same. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the boards of supervisors in the 
 various counties be and the same are hereby authorized to 
 borrow money to pay salaries of teachers and the salaries 
 of the drivers of school carriers during the fall months of 
 the session when there are no school funds in the treasury 
 for this purpose. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 Approved April 4, 1922. 
 
 CHAPTER 206. 
 SENATE BILL No. 220. 
 
 AN ACT to authorize municipal corporations to issue bonds and to 
 prescribe the conditions under which such bonds may be issued 
 and to repeal all acts and parts of acts in conflict with this act. 
 
 Section 1. Be it enacted by the Legislature of the 
 
PUBLIC SCHOOLS 75 
 
 State of Mississippi, That the mayor and board of aldermen 
 or commissioners of the various municipalities in this state, 
 whether operating under chapter 99, Mississippi code of 
 1906, or under special charter or commission form of gov- 
 ernment, are hereby authorized to issue, on the conditions 
 hereinafter imposed, the bonds of such municipalities for all 
 purposes now authorized by the special charters, or now 
 authorized, or which may hereafter be authorized by the 
 laws of the state. T.he conditions of the sale of said bonds 
 shall be fixed by the said mayor and board of aldermen, or 
 commissioners, but not so as to conflict with this act. 
 
 Sec. 2. Before issuing said bonds, the mayor and the 
 board of aldermen, or commissioners, shall by resolution 
 spread upon their minutes, declare their intention of issuing 
 said bonds, fixing in such resolution the maximum amount 
 thereof, and the purpose for which they are to be issued, 
 and shall fix in such resolution a date upon which an election 
 shall be held in said municipality, of which not less than 
 three week's notice shall be given by a notice published in a 
 newspaper published in said municipaltiy once a week for 
 three weeks preceding the same, or, if no newspaper is 
 published in said municipality, then by posting a notice for 
 three weeks preceding said election at three public places 
 in said municipality. Such elections shall be held, as far as 
 practicable, as other elections are held in municipalities. 
 
 At such election all qualified electors may vote and 
 ballots used shall have printed thereon a brief statement of 
 the amount and purpose of the proposed bond issue and the 
 words, "f or the bond issue" and the words ' 'against the bond 
 issue" and the voter shall vote by placing a cross (X) op- 
 posite his choice of the proposition. Provided, that in 
 cities of less than twelve thousand inhabitants when the 
 amount to be issued is not more than $30,000.00, the board 
 of mayor and aldermen shall publish the resolution as herein 
 provided declaring that their intention to issue said bonds 
 for three weeks giving the day and the date upon which 
 said bonds are to be issued ; and if twenty per cent of the 
 qualified electors of the municipality file a written protest 
 against the issuance of said bonds on or before said date, 
 then an election shall be had as herein provided and if no 
 protest shall be filed said bonds shall be issued without an 
 election. 
 
76 PUBLIC SCHOOLS 
 
 Section 3. Should the elections provided for by sec- 
 tion 2 of this act result in favor of the proposed bond issue, 
 by a majority of those voting in said election voting in 
 favor of the issuance of said bonds, the board of supervi- 
 sors may issue said bonds, either in whole or in part, in- 
 cluding original bond issue and any subsequent bond issues, 
 either in whole or in part at such time within one year af- 
 ter the date of such election as they may deem best ; pro- 
 vided that in computing the said time of one year there shall 
 be excluded from such computation the period of time that 
 is consumed or which elapses from the beginning to the 
 final determination of any legal proceedings in any court, 
 and which legal proceedings in any way question the vali- 
 dity of said proposed bonds, or the election authorizing 
 same, or the proceedings taken in the creation of any sep- 
 arate road district, consolidated school district, the holding 
 of elections, or anything had or done or omitted to be done 
 in connection therewith under any existing laws applica- 
 ble thereto. 
 
 The provisions of this act shall apply to any bond issue 
 where any steps or proceedings have been taken for the 
 issuance of same, whether same have been finally issued or 
 not. 
 
 All bonds issued under the authority of this act shall be 
 serial bonds maturing annually with all maturities not long- 
 er than twenty-five years with not less than one-fiftieth of 
 the total issue to mature each year during the first five 
 years of the life of said bonds, and not less than one-twenty- 
 fifth of the said total issue to mature annually during the 
 succeeding ten year period of the life of said bonds and the 
 remainder to be divided in two approximately equal pay- 
 ments, one payment to mature during each year of the re- 
 maining life of the bonds. 
 
 The said bonds shall not bear a greater rate of interest 
 than six per cent per annum, payable semi-annually, the 
 denomination, form and place of payment to be fixed in the 
 resolution of the board of supervisors issuing said bonds 
 and shall be prepared and signed by the president and clerk 
 of the said board of supervisors, with the seal of the county 
 affixed thereto, but the coupons may only bear a f ac simile 
 of the signature of the president of the board of supervisors 
 and the clerk thereof. 
 
PUBLIC SCHOOLS 77 
 
 Such bonds when issued shall constitute a lien upon all 
 the taxable property in such county or consolidated or rural 
 separate school district, or separate road district, as the 
 case may be, and the board of supervisors shall annually 
 levy a special tax on all such property sufficient to pay the 
 principal and interest on such bonds as the same falls due. 
 
 Sec. 4. The proceeds of any bonds issued under the 
 authority of this act shall be placed in the municipality 
 treasury or depository, if there be one, as a special fund and 
 shall be used for no other purpose than the purpose set 
 forth in the original resolution of the mayor and board of 
 aldermen, or commissioners, of such municipality, antd any 
 officer diverting or assisting to divert any such fund to 
 any other purpose than the purpose originally set forth in 
 said resolution of the mayor and board of aldermen or com- 
 missioner of such municipality shall be guilty of misde- 
 meanor and punished accordingly, and shall be liable both 
 personally and on his official bond for such diversion. 
 
 Sec. 5. No municipality shall issue bonds under the 
 authority of this act to an amount that added to the out- 
 standing bonded or floating debt of such municipality will 
 amount to more than fifteen per cent of the assessed value 
 of the taxable property in such municipality as shown by the 
 assessment rolls of the current year. But this limitation 
 shall not apply when such bonds are issued to pay outstand- 
 ing legal obligations or for the refunding of bonds already 
 issued or for the issuance of bonds for the purpose of con- 
 structing, improving, enlarging or extending any public 
 utility owned by the municipality producing sufficient rev- 
 enue to pay expense of operation, the interest on bonds and 
 for the retirement of same as they mature. Such bands 
 shall not be sold for less than par. 
 
 And any municipality may issue its bonds for the pur- 
 pose of refunding outstanding bonded indebtedness when 
 the same shall mature, whether now due or to become due 
 in the future, without notice and without an election on the 
 question on the issuance of same, regardless of whether or 
 not the issuance of such bonds shall create a total bonded 
 indebtedness in excess of fifteen per centum of the assessed 
 value of taxable property of said municipality and such 
 bonds shall be issued in sufficient amount to pay and retire 
 any existing bonds as they mature whenever funds available 
 
78 PUBLIC SCHOOLS 
 
 from taxes are not sufficient to pay said bonds whenever 
 they mature. 
 
 Sec. 6. All acts and parts of acts in conflict with this 
 act are hereby repealed only in so far as they are in conflict 
 with this act, and where the notice of election is given as 
 hereinbefore provided, it shall not be necessary to publish or 
 post any notice of intention to issue said bonds. 
 
 Sec. 7. That this act shall take effect and be in force 
 from and after its passage. 
 
 CHAPTER 195. 
 LAWS 1914. 
 
 Sec. 7368 Hemingway's Code. 
 
 School districts lying in two or more counties may issue 
 bonds For buildings. 1. On petition of a majority of the 
 qualified electors of a rural separate, consolidated, or other 
 school districts, organized under the aws of the State of Mis- 
 sissippi, and having territory lying in two or more counties, 
 the boards of supervisors of the several counties may issue 
 bonds for the erection, repair, and equipment of school 
 buildings in the following manner : 
 
 Chap. 195, Laws 1914. Sec. 7369 Hemingway's Code. 
 
 Proportionate share of each county ascertained and cer- 
 tified to supervisors. After the county superintendents of 
 the several counties, together with the trustees of each sep- 
 arate consolidated or public school districts, have certified 
 to the boards of supervisors the proportionate amount of 
 the bond issue to be borne by each county based on the pro- 
 portionate amount of property in each county lying within 
 the said school districts, each board of supervisors shall 
 proceed to issue bonds on that part of the territory lying in 
 its county respectively to cover its part of said bonjd 1 issue 
 for the entire district and in the same manner as provided 
 in the chapter on muhicipaliies. The petition for the bond 
 issue as indicated hereinbefore shall require a majority of 
 the qualified electors of the entire school district regardless 
 of county lines presented to the board of supervisors in each 
 of the several counties. 
 
PUBLIC SCHOOLS 79 
 
 SENATE BILL No. 55. 
 
 AN ACT validating the signing and execution of bonds of the state of 
 Mississippi, and of counties, municipalities, road district, school 
 district, drainage districts, and other taxing districts therein by 
 officers who have retired from office. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That whenever pursuant to statutory 
 authority, bonds of the state of Mississippi, or of any 
 county municipality, road district, school district, drainage 
 district, or other taxing district therein, have been or shall 
 hereafter be prepared and signed by the officials designated 
 to sign the bonds by the statute or by the proceedings au- 
 thorizing the issuance of the bonds, who are in office at the 
 time of such signing, the signatures of such officials upon 
 the bonds and coupons thereto attached shall be valid and 
 sufficient for all purposes and shall have the same effect as 
 if the persons so officially signing -such bonds had remained 
 in office until delivery of the same to the purchasers, al- 
 though the term of office of such persons or any of them, 
 may have expired or they may otherwise have ceased to be 
 such officers before such delivery. All such bonds hereto- 
 fore executed or hereafter executed which might be invalid 
 because of said omission, and heretofore sold and delivered 
 or hereafter sold and delivered, are hereby ratified, vali- 
 dated and confirmed, notwithstanding any change in office 
 which may have taken place subsequent to the execution of 
 the bonds, anfd prior to the delivery thereof, and said bonds 
 shall be valid and binding obligations of said state, county, 
 municipality, road district, school district, drainage district, 
 or other taxing district as the case may be. 
 
 Sec. 2. That this act shall take effect and be in force 
 from and after its passage. 
 
 Approved March 12, 1920 
 
 SENATE BILL No. 324. 
 
 AN ACT to require payment of bonds and coupons promptly at the 
 place of payment at maturity. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That whenever any county, road dis- 
 trict, consolidated school district, rural school district, or 
 
30 PUBLIC SCHOOLS 
 
 other taxing districts controlled by the board of supervisors 
 which has heretofore issued, or shall hereafter issue bonds 
 or other obligations of which principal and interest shall be 
 payable at some bank or trust company, or at some office 
 other than the county treasury it shall be the duty of the 
 clerk of the board of supervisors on the allowance of said 
 board to issue a warrant against the proper fund for the 
 amount of principal and interest due and to forward ex- 
 change to the paying agent, said exchange to be sufficient in 
 amount to pay said principal and interest and a reasonable 
 fee to said paying agent for handling same, said fee not to 
 exceed one-quarter of the one per cent of the amount of 
 coupons paid. Said exchange shall be forwarded in time 
 to reach the paying agent at least five days prior to the date 
 on which said principal and interest shall become due, and 
 the receipt of the- paying agent for said remittance shall 
 be sufficient voucher in the hands of said clerk for said re- 
 mittance until the bonds or coupons shall have been paid 
 and cancelled and returned to said clerk. 
 
 Sec. 2. Said allowance for said remittance shall be 
 made by the board of supervisors at the regular meeting of 
 said board held at least thirty days preceding the date on 
 which said bonds and coupons shall become due. 
 
 Sec. 3. Where said obligations above referred to shall 
 have been issued, or shall hereafter be issued, by a city, 
 town, or village, or municipal separate school district, it 
 shall be the duty of the board of mayor and aldermen or the 
 board of commissioners, to make allowance above referred to 
 at least thirty days prior to the maturity of such indebted- 
 ness and the clerk of said board shall forward the funds as 
 above provided for. In case of a drainage district, the 
 commissioners shall make the allowance and the secretary- 
 treasurer of the district shall forward the funds as above 
 provided for. 
 
 Sec. 4. For failure or refusal to comply with the pro- 
 visions of this act any official charged with any duties here- 
 under shall be liable on his official bond to any holder of any 
 bond or for any and all expenses incident to the collection of 
 same, and for all damages which may have accrued on ac- 
 count of the failure to pay same promptly at the place of 
 payment at maturity. 
 
PUBLIC SCHOOLS 81 
 
 Sec. 5. That this act shall take effect and be in force 
 from and after its passage. 
 
 Approved March 26, 1920. 
 
 CHAPTER 207. 
 SENATE BILL No. 200. 
 
 AN ACT to authorize boards of supervisors to issue the bonds of 
 counties, separate and consolidated school districts and separate 
 road districts and to prescribe the conditions under which said 
 bonds may toe issued and to repeal all acts and parts of acts in 
 conflict with this act. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the boards of supervisors of the 
 various counties in this state are hereby authorized to issue 
 the bonds of said counties for the purpose now provided for 
 in the Mississippi code of 1906, and subsequent acts of the 
 legislature of the state, and to issue bonds of separate and 
 consolidated school districts in their respective counties for 
 the purpose of constructing school buildings and teachers 7 
 homes and equipping said school buildings and teachers' 
 homes, and purchasing land upon which to erect said school 
 buildings and teachers' homes and if for a road district, for 
 the purpose of constructing improved public roads and pro- 
 viding the right of way therefor and the construction of 
 bridges on public roads. 
 
 Sec. 2. Before issuing said bonds, the board of super- 
 visors shall by resolution, spread upon its minutes, declare 
 its intention of issuing said bonds fixing the maximum 
 amount thereof and the purpose for which they are to be 
 issued and fix in said resolution the date upon which an 
 election shall be held in said county or consolidated school 
 district, or separate school district or separate road district, 
 as the case may be, whereupon the county election commis- 
 sioners shall give not less than three weeks' notice of such 
 election by publication of a notice thereof in a newspaper 
 published in the county once a week for three weeks preced- 
 ing the same, or if no newspaper is published in the county, 
 then by posting such notice for three weeks preceding said 
 election at three public places in the county or districts as 
 the case may be. At such election, all qualified electors 
 may vote, and the ballots used shall huve printed thereon a 
 brief statement of the amount and purpose of the proposed 
 
82 PUBLIC SCHOOLS 
 
 bond issue and the words "for the bond issue" and ' 'against 
 the bond issue," and the voter shall vote by placing a cross 
 opposite his choice on the propositon. The county election 
 commissioners, or two of them, shall forthwith file with the 
 clerk of the board of supervisors a certificate of the result 
 of said election. Such election shall be held as far as prac- 
 ticable in accordance with the law regulating general elec- 
 tions in this state. 
 
 Where the notice of an election is given as herinbefore 
 provided, it shall not be necessary to publish or post any 
 notice of intention to issue said bonds. 
 
 Sec. 3. Should the election provided for by section 2 of 
 this act result in favor of the proposed bond issue, by a ma- 
 jority of those voting in said election voting in favor of the 
 issuance of said bonds, the board of supervisors may issue 
 said 1 bonds, either in whole or in part at such time within 
 one year after the date of such election as they may deem 
 best. 
 
 All bonds issued under the authority of this act shall be 
 serial bonds maturing annually with all maturities not long- 
 er than twenty-five years with not less than one fiftieth of 
 the total issue to mature each year during the first five 
 years of the life of said bonds, and not less than one twenty- 
 fifth of the said total issue to mature annually during the 
 succeeding ten year period of the life of said bonds and the 
 remainder to be divided into approximately equal payments, 
 one payment to mature during each year of the remaining 
 life of the bonds. 
 
 The said bonds shall not bear a greater rate of interest 
 than six per cent per annum, payable semi-annually, the de- 
 nominations, form and place of payment to be fixed in the 
 resolution of the board of supervisors issuing said bonds and 
 shall be prepared and signed by the president and clerk of 
 the board of supervisors, with the seal of the county affixed 
 thereto, but the coupons may only bear a .f ac-simile of the 
 signature of the president of the board of supervisors, and 
 the clerk thereof. 
 
 Such bonds when issued shall constitute a lien on all 
 the taxable property in such county or consolidated or rural 
 separate school district or separate roaid' district, as the case 
 may be, and the board of supervisors shall annually levy a 
 
PUBLIC SCHOOLS 83 
 
 special tax on all such property sufficient to pay the princi- 
 pal and interest on such bonds as the same falls due. 
 
 Sec. 4. The proceeds of any bonds issued under the au- 
 thority of this act shall be placed in the county treasury or 
 district or county depository as a special fund and shall be 
 used for no other purpose than the purpose set forth in the 
 original resolution -of the boarid of supervisors and any offi- 
 cer diverting or assisting to divert any such fund to any 
 other purpose than the purpose orignially set forth in said 
 resolution of the board of supervisors, shall be guilty of a 
 misdemeanor and punished accordingly, and shall be liable 
 both personally and on his official bond for such diversion. 
 
 Sec. 5. No county or consolidated or rural separate 
 school district or separate roaid 1 district shall issue bonds 
 under the authority of this act to an amount that added to 
 the outstanding bonded or floating debt of such county or 
 consolidated school district or separate road district will 
 amount to more than fifteen per cent of the assessed value 
 of the taxable property in such county or consolidated or 
 rural separate school district or separate road district. . 
 
 But the board of supervisors of any county may issue 
 the bonds of any county, consolidated school district, rural 
 separate school district, or separate road district, for the 
 purpose of refunding the outstanding bonded indebtedness 
 of any such county or district when the same shall mature, 
 whether now due or to become due in the future, without no- 
 tice and without an election on the question of the issuance 
 of the same, regardless of whether or not the issuance of 
 such bonds shall create a total bonded indebtedness in excess 
 of fifteen per centum of the assessed value of taxable prop- 
 erty of said county or district, and such bond shall be is- 
 sued in sufficient amount to pay and retire any existing 
 bonds as they mature whenever funds available from taxes 
 are not sufficient to pay said bonds whenever they mature. 
 
 Sec. 6. All acts and parts of acts in conflict with this 
 act be and the same are hereby repealed. 
 
 Sec. 7. That this act take effect and be in force from 
 and after its passage. 
 
 Approved April 2, 1920. 
 
84 PUBLIC SCHOOLS 
 
 CHAPTER 158. 
 SENATE BILL 375. 
 
 AN ACT to validate all consolidated school district or separate school 
 district, or public school district, bonds, notes, certificates of in- 
 debtedness and other obligations. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That all bonds, notes, certificates of in- 
 debtedness and other obligations, which have been issued or 
 ordered issued, or any and all consolidated school districts or 
 separate school districts, or public school districts under and 
 by authority of any general, special, local or private act of 
 the legislature be, and they are hereby in all things made 
 valid and legal, and are binding obligations on the consoli- 
 dated school district, or separate school districts or public 
 school districts issuing the same, or ordering the same to 
 be issued, regardless of defects, errors, omissions, or in- 
 formalities in their issuance or orders of issuance, or in the 
 organization of such school districts, or the failure of such 
 consolidated school districts or separate school districts or 
 public school districts to comply with any law or part of law 
 providing for their issuance, or in the creation or organiza- 
 tion of such district. 
 
 Sec. 2. That this act shall apply to all such bonds, 
 notes, certificates, of indebtedness, or other such obliga- 
 tions already issued and outstanding, or ordered to be issued 
 and such obligations, bonds, notes, and certificates of in- 
 debtedness are hereby made in all things valid and legal, 
 provided, it shall not apply to bonds over which there is now 
 a judicial contest and upon which no money has been paid to 
 the consolidated school district or public school district is- 
 suing said bonds. 
 
 Sec. 3. That this act shall take effect and be in force 
 from and after its passage. 
 
 Approved April 3, 1920. 
 
 CODE 1906. 
 
 Sec. 7370 Hemingway's Code. 
 
 4535. Territory added Graded schools. A separate 
 school district may make either or both of its schools graded 
 schools ; and graded schools may be of two kinds a graded 
 
PUBLIC SCHOOLS 85 
 
 grammar school and a graded high school. In every grad- 
 ed school there shall be a graded grammar school, in which 
 the common school curriculum shall be included; and the 
 graded high school shall be composed of pupils who have 
 passed through the grammar grades, or who shall pass an 
 examination therein ; and the course shall be completed in 
 four years. The trustees may fix reasonable tuition fees 
 for the graded high school department, or it may be free; 
 and they may prescribe what other studies shall be taught 
 in the graded high school. 
 
 CHAPTER 125. 
 
 LAWS 1910. 
 Sec. 7371 Hemingway's Code. 
 
 Separate school district may introduce music, drawing, 
 in grammar school grades. 1. That separate-school districts 
 be allowed to introduce public school music, drawing, and 
 manual training into the grammar school grades, when a ma- 
 jority of the school trustees so vote. 
 
 CODE 1906. 
 SENATE BILL No. 233. 
 
 AN ACT to amend chapter 244 of the laws of 1918 providing for the 
 discontinuance or abolition of a separate school district for pur- 
 pose of consolidation and to provide that the discontinuance or 
 abolition of such district shall not impair outstanding obligations: 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That any separate school district may 
 be discontinued or abolished for the purpose of consolida- 
 tion by the county school board if the school be a rural sep- 
 arate school district, or by the mayor or board of aldermen, 
 if the school be a municipal separate school district, upon 
 presentation of a petition seeking such action, signed by a 
 two-thirds majority of the patrons of said separate school 
 district, provided however that when such district is dis- 
 continued or abolished it shall not impair or in any wise re- 
 lease the property of persons in such discontinued or abol- 
 ished district from assessment and liability for the payment, 
 of the debts and obligations of such districts. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 23, 1920. 
 
86 PUBLIC SCHOOLS 
 
 HOUSE BILL No. 238. 
 
 AN ACT to provide for the locating of school buildings in rural sep- 
 arate school districts and to provide how location may be changed 
 after building is located. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That in all rural separate school dis- 
 tricts now or hereafter organized in this state the county 
 school board shall designate the location of the school build- 
 ing therein, and after such school building shall have been 
 located therein, either before or after the adoption of this 
 act, the same shall not be removed to another location, ex- 
 cept upon the order of said board, which order before be- 
 coming effective must be approved by seventy-five percent 
 of the qualified electors of said school district voting in an 
 election held for- the purpose of deciding the question of said 
 proposed removal 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 17, 1922. 
 
 CODE 1906. 
 
 Sec. 7375 Hemingway's Code. 
 
 559. Grade of license of a principal of a school. A 
 teacher with a third-grade license shall not be principal of 
 a school which requires an assistant ; and in schools requir- 
 ing more than two assistants, the principal must have a 
 first-grade license. 
 
 Sec. 7376 Hemingway's Code. 
 
 4560. Contracts with teachers. It shall be the duty 
 of the superintendent to make a contract, in the form pre- 
 scribed by the board of education, with every duly licensed 
 teacher who has been selected by the trustees according to 
 law or appointment by himself. The contract shall be 
 signed in duplicate by the superintendent and by the teach- 
 er, each retaining one part ; and it shall show the name of 
 the school, the position of the teacher, whether principal or 
 assistant, and the monthly salary. In addition to the fixed 
 salary, there shall be stated in the contract two succssively 
 smaller amounts, which shall be the salary in case the at- 
 tendance decreases to a number for which the conditional 
 
PUBLIC SCHOOLS 87 
 
 amounts would be the fixed salary. Contracts shall be 
 valid for the number of months the school is to be taught 
 during; the scholastic year, and it shall be unlawful to issue 
 a certificate for services rendered before the contract is 
 made and signed ; provided, that in years when the state ap- 
 propriation is made after the beginning of the fall school 
 term, that it shall be lawful for a county superintendent of 
 education to cause the schools to be taught without contracts 
 until he shall -have officially ascertained the amount of the 
 common school fund that will be distributed to his county 
 for that scholastic year; and provided, further, that where 
 contracts have been made before the amount of school fund 
 to be distributed to his county is known, the same may be 
 changed when he ascertains the amount his county will re- 
 ceive, teachers agreeing thereto; but the county superin- 
 tendent shall have the right, after the expiration of the four 
 months required by the constitution, to make new contracts 
 with teachers in counties making a special levy to carry on 
 the schools for a longer term than four months, and all such 
 contracts shall be made as the law provides, so that the 
 amount to be paid in salaries for maintaining all of the 
 schools one month shall not exceed that fractional part of 
 the whole school fund, as provided by such special levy, 
 which one month is of the- whole number of months the 
 schools are to be taught. 
 
 HOUSE BILL No. 191. 
 
 AN ACT to regulate contracts of public school teachers, specify in- 
 stances in which same may be cancelled and providing penalty and 
 how same may be enforced. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That any teacher in the public schools 
 of this state being under contract to teach in any position in 
 the public schools of this state and 1 desiring to be released 
 from such obligation, shall make known to the trustees of 
 such school, in writing, intention so to be relieved, stating 
 clearly in such instance reasons why such teachers shall be 
 entitled to release and if the majority of such trustees act 
 favorably on petition, reporting such action to the county 
 superintendent of education, such superintendent shall re- 
 lease such teacher from his or her contract. 
 
 Sec. 2. Any teacher of the public schools of this state 
 
88 PUBLIC SCHOOLS 
 
 who shall arbitrarily fail, neglect or refuse to perform his 
 or her contract without being relieved as provided in section 
 No. 1 of this act shall, for such failure, neglect or refusal 
 and upon written recommendation of a majority of trustees 
 of the school where such breach of contract occurs, have his 
 or her contract, cancelled and license revoked for a period 1 of 
 one year from date of such revocation, and it shall be the 
 duty of the county superintendent of education in the coun- 
 ty where such breach occurs and upon the recommendation 
 of such trustees or a majority of same to revoke said license. 
 Provided however, that such teacher shall be allowed an ap- 
 peal in the same manner as is now provided by law. 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 19, 1920. 
 
 SENATE BILL No. 18. 
 
 AN ACT to regulate the salaries of public school teachers. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That county superintendents of edu- 
 cation be, and are hereby authorized to contract with teach- 
 ers in the public schools in accordance with the following 
 limitations in reference to salaries : 
 
 (a) Third grade teachers between twenty dollars 
 ($20.00) and thirty dollars ($30.00) a month. 
 
 (b) Second grade teachers between thirty dollars 
 ($30.00) and forty dollars ($40.00) a month. 
 
 (c) First grade teachers between thirty dollars 
 ($30.00) and one hundred and fifty dollars ($150.00) a 
 month. 
 
 >Sec. 2. That the salaries of principals and assistant 
 teachers of separate school districts shall be fixed by the 
 trustees, and the salaries of principals and assistant teach- 
 ers of consolidated districts having a local levy by the trus- 
 tees and county superintendent of education. 
 
 'Sec. 3. In fixing salaries county superintendents and 
 boards of trustees must take into consideration the char- 
 acter, professional training, executive ability, and teaching 
 capacity of the teacher. 
 
PUBLIC SCHOOLS 89 
 
 Sec. 4. That county superintendents of education and 
 boards of trustees of public schools be, and are hereby au- : 
 thorized to pay teachers for time lost on account of closing; 
 of schools by county or state health officers ; or by county : 
 superintendents and boards of trustees in emergency cases, 
 provided such action is approved 1 by the state board of edu- 
 cation, the amount to be paid to be determined by the county ; 
 superintendent of education for the common schools and by 
 boards of trustees for separate and consolidated districts. 
 
 Sec. 5. That section 4556 of the code of 1906, and all 
 other laws and parts of laws in conflict with this act are 
 hereby repealed. 
 
 Sec. 6. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 4, 1920. 
 
 Sec. 7377 Hemingways Code. 
 
 4561. Pupils attending high schools. Educable child- 
 ren may attend a high school or college in their county and 
 they shall be enrolled, reported and paid for as resident pu- 
 pils of the district, if the school has been established as a 
 free public school of the county. Such school shall receive 
 all educable children of the race for which it was establish- 
 ed, but tuition may be charged for all pupils who pursue 
 studies beyond the public-school curriculum, to be paid by 
 the pupil based on number of such studies pursued, to be 
 regulated by the authorities of the institution. 
 
 Sec. 7379 Hemingway's Code. 
 
 4563. School registers Pay certificates. The prin- 
 cipal teacher in a public school shall keep a daily record of 
 facts pertaining to the school, in such form as the school 
 register requires, and he shall be responsible for the safe 
 keeping and delivery of the register to the county superin- 
 tendent at the close of the school term, or of the period of 
 service of the teacher ; and the county superintendent shall 
 not issue to a teacher a pay certificate for the last month 
 taught until the teacher shall have delivered to him the reg- 
 ister in good order and properly filled out. In the register 
 the teacher shall set down the name, age, and sex of each 
 pupil in attendance, and the names of absentees for each 
 day. At the end of every scholastic month the teacher 
 shall make out from the register a report to the county su- 
 
90 PUBLIC SCHOOLS 
 
 perintendent of the name, age, and sex of each pupil in at- 
 tendance during the month, and the number of days such 
 pupil has attended. The report shall be approved by at 
 least two of the trustees, and certified to by them ; and upon 
 the filing of such report with him the county superintend- 
 ent shall issue to the teacher and the assistants, if any, a 
 pay certificate, and the report shall be carefully preserved 
 in his office. If the trustees, without good cause, refuse 
 to sign the report, the teacher may appeal to the county su- 
 perintendent, who shall issue the pay certificate without the 
 approval of the trustees, in case he decides in favor of the 
 teacher. 
 
 CODE 1906. 
 
 In a prosecution for forging the school trustees' certificate re- 
 quired by Code 1906, 4563, the persons whose names are forged to 
 such certificates must be trustees of the public school and this fact 
 must be alleged in the indictment and proved, and the mere recital of 
 .such a fact in the certificate is not sufficient. Griffin v. State, 96 Miss. 
 309, 51 So. 466. 
 
 Sec. 7380 Hemingway's Code. 
 
 4564. Enumeration of children during the first month. 
 The principal teacher, not in a separate school district, 
 shall, during the first month of the term, make a complete 
 enumeration of the educable children in the district, and en- 
 ter in the register the name, color, age, and sex of each 
 child and the names and place of residence of the parents of 
 each child, the same to be examined and approved by the 
 trustees, and a copy thereof delivered to the superintendent 
 with a report of the first month. 
 
 Sec. 7381 Hemingway's Code. 
 
 4565. Term reports. With the last monthly report of 
 the session the teacher shall make a term report containing 
 such facts and statistics as the blanks furnished may re- 
 quire. If the final monthly report be not made to the su- 
 perintendent by the fifth of October annually, it shall be 
 unlawful to issue to the teacher a pay certificate for more 
 than eighty per centum of his salary for that month. 
 
 Sec. 7382 Hemingway's Code. 
 
 4566. How warrants for salaries issued to teachers 
 Back pay. Upon the presentation of a pay certificate for 
 
PUBLIC SCHOOLS 91 
 
 services rendered as a teacher, duly attested by the super- 
 intendent, the clerk of the board of supervisors, or of the 
 municipality being a separate school district, shall issue a 
 warrant on the treasury for the amount stated in the cer- 
 tificate, the warrant to state upon its face the number of the 
 month of the term during which the services were rendered 
 as, first month, second month, etc. and to specify the 
 fund upon which it is drawn ; the clerk shall keep a file of 
 the certificates so received as part of the official records of 
 his office, and shall be governed in every respect by the same 
 laws that regulate the issuing of county or municipal war- 
 rants for other purposes, except that the warrants for 
 teachers' salaries shall be issued directly upon the certifi- 
 cates of the county superintendent, without any action 
 thereon by the board of supervisors or the mayor and board 
 of aldermen by way of allowance or approval. For services 
 rendered by teachers in public schools before the time when 
 this chapter becomes operative, and for which a pay certifi- 
 cate or warrant has not been issued because of a want of 
 funds in the treasury out of which to pay it, the board of 
 supervisors or municipal authorities, as the case may be, 
 are authorized to make proper allowances upon "proof of 
 such services rendered in good faith. 
 
 Code 1892. 
 
 School warrants which fail to contain upon their face the state- 
 ments required are void, and mandamus will not lie to enforce a levy 
 of a tax for their payment. Tunica County v. Rhodes, 85 Miss. 500, 
 37 So. 1005. 
 
 CODE 1906. 
 
 Code 1906, 4627, is mandatory, and requires the board of super- 
 visors to provide for the payment of warrants issued upon pay cer- 
 tificates attested by the superintendent of education under 4566. 
 Hebron Bank v. Lawrence County, 109 Miss. 397, 69 So. 209. 
 
 CHAPTER 187. 
 
 LAWS 1914. 
 Sec. 7383 Hemingway's Code. 
 
 4567. Scholastic year, month and day. The scholastic 
 year shall begin on the first day of September and end on 
 the thirty first day of August. Twenty days of actual 
 teaching shall constitute a school month, and the number cf 
 hours of actual teaching that shall constitute a school day 
 
92 PUBLIC SCHOOLS 
 
 shall be fixed and determined by the board of trustees there- 
 of, at not less than five nor more than eight hours. 
 
 CHAPTER 250. 
 LAWS 1914. 
 
 Sec. 7384 Hemingway's Code. 
 
 4568. School term, winter and summer Time for 
 opening. There shall be a winter and a summer term, dur- 
 ing either of which a school may be taught, at the option of 
 its trustees. The Bounty school board shall fix the day for 
 the opening of the winter term between the first Monday of 
 September and the second Monday in anuary, and for the 
 opening of those of the summer term on the first Monday 
 in April, or as soon there after as they deem suitable. These 
 dates may be fixed by the county school board at their an- 
 nual meeting, or at any called meeting, or by their written 
 consent to a date proposed by the superintendent, who, when 
 the dates are fixed, which shall in all cases be done at least 
 twenty days prior to the opening of the term, shall notify 
 the secretary of the trustees of each school in the county. 
 This section shall not prevent the trustees of the schools in 
 a separate school district from fixing the time at which their 
 schools may begin and end. 
 
 CODE 1906. 
 
 Sec. 7385 Hemingway's Code. 
 
 4569. Continuous session, unless. The schools shall 
 be kept in continuous session four months, and as much 
 longer as the school fund of the scholastic year will main- 
 tain them. Trustees may, however, with the consent of a 
 majority of the patrons, divide the session, and have such 
 portion of it as they :deem proper taught in either term ; but 
 in that case they shall notify the superintendent of such di- 
 vision and of the scholastic month at the beginning of which 
 they wish their schools to open. The county superintendent 
 may close all the schools for the Christmas holidays, for an 
 equal period of time, not to exceed two weeks, and upon 
 application from the trustees, may close any school because 
 of an epidemic prevailing in the school district, or on ac- 
 count of the death, sickness, resignation or dismissal of the 
 teacher; but such schools shall be allowed their full time 
 after being reopened during the scholastic year. 
 
PUBLIC SCHOOLS 93 
 
 Sec. 7386 Hemingway's Code. 
 
 4570. Bond and duties of county treasurers. The 
 county treasurer and the treasurer of every municipality 
 constituting a separate school district, shall be required to 
 give additional bonds, to be fixed by the board of super- 
 visors and the mayor and board of aldermen, respectively, in 
 an amount not less than the amount of school funds likely 
 to be in their hands at any one time, for the faithful per- 
 formance of their duties ; and the county treasurers of the 
 Chickasaw cession counties shall be required to give addi- 
 tional bonds for the amount of the Chickasaw school fund 
 to -be distributed to their counties, equal to the amount 
 to be distributed for the year ; but the additional bonds shall 
 be cumulative security, and the treasurers shall be liable 
 on their official bonds for all school funds coming into their 
 hands. It is the duty of the county treasurers to make to 
 the auditor of public accounts, reports, on the second Mon- 
 days of January and June of each year, of all moneys ac- 
 cruing to the common school fund from polls collected in 
 their respective counties ; to keep on their books separate 
 and distinct accounts of the moneys arising from poll-taxes, 
 from taxes levied by the board of supervisors for the main- 
 tenance of public schools, from the distributive share of 
 the common school fund, from Chickasaw school fund, and 
 from interest on funds derived from the sixteenth sections, 
 and funds arising from leases of those sections, and funds 
 from any other source ; to receive and receipt for all moneys 
 on account of school funds of the county ; to pay money out 
 of the common school fund upon the order of the county 
 superintendent of education, approved by the board of su- 
 pervisors, except in case of teachers' salaries, which shall 
 be paid upon warrants issued by the clerk, on the certifi- 
 cate of the county superintendent ; and to make, on or before 
 the fifteenth of October, an annual report to the state board 
 of education, a duplicate of which shall be furnished to the 
 county superintendent, showing the amount received for 
 public schools from each source during the preceding fiscal 
 year, the disbursements for the several purposes, and the 
 amount -of school warrants unpaid. The treasurer shall 
 compare this report with the account kept by the county 
 auditor, who shall certify that the report agrees with the ac- 
 count kept by him, if found to be correct. The treasurer 
 shall, at the same time, make a special report of the receipts 
 and disbursements of township funds belonging to each 
 
94 PUBLIC SCHOOLS 
 
 township. These reports shall be made in the form pre- 
 scribed on blanks furnished by the state superintendent. It 
 shall be the duty of the county superintendent to report a 
 treasurer failing to make any such report to the district at- 
 torney, who shall proceed against the treasurer criminally 
 and by suit. on his bond. 
 
 Sixteenth Sections, see 6656. 
 
 Sec. 7387 Hemingway's Code. 
 
 4571. Duties of separate school district treasurers. 
 The county treasurer shall, immediately upon receipt thereof 
 by him, pay over to the treasurer of a municipality in 'his 
 county which is a separate school district, all money to 
 which the separate school district may be entitled ; and the 
 treasurer of each municipality which is a separate school 
 district, shall perform like duties as are devolved on coun- 
 ty treasurers, as far as applicable, in reference to money for 
 the support of schools ; and they shall be subject to the same 
 penalties for failure to make the reports required to be made 
 to the board of education and to the county superintendent. 
 
 CHAPTER 253 
 LAWS 1914. 
 
 Sec. 7388 Hemingway's Code. 
 
 4572. Counties may levy ad valorem and poll-tax to 
 carry on schools before and after four months. The board 
 of supervisors are empowered to levy annually for public 
 schools a tax upon the taxable property of the county, which 
 is outside the limits of any separate school district, and may 
 levy an additional poll-tax of not exceeding one dollar on 
 each male inhabitant liable to pay a poll-tax; all to be col- 
 lected as other taxes for general purposes, and at the same 
 time, and to be paid into the county treasury to the credit of 
 (the school fund ; and such taxes shall be receivable only in 
 lawful currency of the United States, and shall be used for 
 the maintenance of the public schools before, during or after 
 the expiration of the four months required by the constitu- 
 tion. When two hundred qualified electors, outside of sep- 
 arate school districts, shall petition the board of supervisors 
 to levy a certain tax for the extension of the school term of 
 the county, the board of supervisors, within not less than 
 twenty days nor more than forty days, shall submit the 
 
PUBLIC SCHOOLS 95 
 
 proposition to the qualified electors ouside of separate 
 school districts of the county at an electron, and if a major- 
 ity of those voting shall vote for the tax the board of super- 
 visors shall levy said tax at the time other county taxes are 
 levied, on all property in the county subject to taxation 
 which is not situated within a separate school district, and 
 shall continue from year to year to levy the same tax until 
 another election is held, as is provided for in this section; 
 provided, the boards of supervisors in those counties where 
 the tax is now being levied shall have the power to continue 
 levying the tax without an election. And every municipal- 
 ity, being a separate school district, may in like manner 
 levy and collect such taxes for the maintenance of schools. 
 
 Code 1906. 
 
 Sec. 7389 Hemingway's Code. 
 
 4573. Funds to be used only for year of receipt De- 
 ficit not allowed. All school funds received and collected 
 during the scholastic year shall constitute the school fund 
 of the county for that scholastic year ; and the salaries of the 
 teachers shall be so so fixed as not to allow a deficit in any 
 year. It shall be unlawful for the superintendent to issue 
 pay certificates to teachers in excess of the amount of 
 money received on account of the public schools for the cur- 
 rent year, and. any certificate so issued shall be illegal and 
 void ; but the superintendent shall be responsible on his bond 
 to the holders for the face value of such certificate, and 
 shall be so liable to any person whom he may cause to teach 
 in a public school and for whose payment there is no money 
 in the treasury. 
 
 Sec. 7390 Hemingway's Code. 
 
 4574, How school fund to be distributed in counties. 
 The county common school fund shall be divided between 
 the separate school districts of a county and that portion of 
 a county not included in separate school districts. Within 
 thirty days after every legal enrollment of the educable 
 children of the state, and within thirty days after the organ- 
 ization of a separate school district, or a change has been 
 made in the limits of one already organized in the county, 
 the county superintendent of education shall certify to the 
 clerk of the board of supervisors the number of educable 
 children, to be determined from the official roll of educable 
 children on file in the chancery clerk's office, in each sepa- 
 
96 PUBLIC SCHOOLS 
 
 rate school district in the county, and the number of edu- 
 cable children outside the limits of separate school districts. 
 At each regular meeting of the board of supervisors it 
 shall be the duty of the clerk of the board of supervisors to 
 apportion the amount of undivided county common-school 
 fund in the county treasury 'among the separate school dis- 
 tricts of the county and the county outside of separate school 
 districts, on the basis of the number of educable children in 
 each, as furnished by the county superintendent of educa- 
 tion, and to certify the said apportionment to the board of 
 supervisors, who if the apportionment is found to be cor- 
 rect, shall order that a warrant be issued in favor of the 
 treasurer of each separate school district for the amount 
 due each district. At the first meeting of the board of su- 
 pervisors after the passage of this act, all the poll-tax col- 
 lected since the last official report of the same to the audi- 
 tor shall be divided as provided in this section. (Laws 1906.) 
 
 Code 1906. 
 
 Under Const. 1890, 206, the distribution of poll-tax collections is 
 governed by Code 1906, 4574, and not by 4254, which was inad- 
 vertently adopted as part of the code. Jackson v. Hinds County, 134 
 Miss. 199, 61 So. 175. 
 
 Sec. 7391 Hemingway's Code. 
 
 4575. Tax collector to turn over poll-taxes to county 
 treasurer. The tax collector shall turn over all poll-tax col- 
 lected to the county treasurer, at the time and in the manner 
 now provided by law for paying to the county treasurer 
 county taxes collected by fiim. 
 
 CHAPTER 189. 
 LAWS 1916. 
 
 Sec. 7392 Hemingway's Code. 
 
 4576. Balances How and when used Funds not 
 loaned. If there shall remain a balance in the treasury to 
 the credit of the school fund of the seveial counties and sep- 
 arate school districts on the thirtieth day of September in 
 any year, the board of supervisors and trustees of separate 
 school districts during the month of October following may 
 apply such balance to the building, repairing or furnishing 
 with school furniture or apparatus such schoolhouses which 
 belong to the county or separate school districts, not appro- 
 
PUBLIC SCHOOLS 97 
 
 priating to any school located in the county or separate 
 school district an amount greater than one hundred and 
 fifty dollars, unless an amount equal to any excess of this 
 sum, to be appropriated by the county, be contributed and 
 paid into the county treasury by the patrons of the public 
 schools making such application and receiving such appro- 
 priation. All balances not so appropriated shall be carried 
 forward to the school fund for the next scholastic year ; and 
 this shall apply to any fund that may have been levied by 
 the county to carry on the schools for a longer term than 
 four months. It shall be lawful to loan for a period, of one 
 year any portion of the school fund to any other county or 
 city fund in which the separate school district may lie. 
 
 This act does not refer to Laws 1912, ch. 248, which also amends 
 Code 1.906, 4576. 
 
 CHAPTER 157. 
 LAWS 1914. 
 
 Sec. 7393 Hemingway's Code. 
 
 Supervisors may transfer surplus county funds to 
 school fund. 1. That the board of supervisors of any coun- 
 ty may in their discretion transfer any surplus funds that 
 may accumulate in the general county fund to the common- 
 school fund of the county. 
 
 Sec. 7394 Hemingway's Code. 
 
 4577. Two and three per centum funds How used. 
 The board of supervisors shall appropriate all receipts from 
 the distribution of the two and three per centum funds to 
 the building, repairing, and furnishing school-houses on the 
 conditions prescribed in the last section for the appropria- 
 tion of balances of the school fund. 
 
 SENATE BILL No. 304. 
 
 AN ACT to amend section 4578 of the Mississippi code of 1906, and 
 chapter 191 of the laws of 1916, so as to change the time for the 
 distribution of the common school fund. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 4578 of the Mississippi 
 code of 1906 and chapter 191 of the laws of 1916 be amended 
 so as to read as follows : 
 
98 PUBLIC SCHOOLS 
 
 That as soon as appropriation is made for 1920, or as 
 soon thereafter as is practicable, the auditor of public ac- 
 counts shall distribute to the counties and separate school 
 districts two-thirds of the common school fund appropriated 
 for the calendar year and the balance on the second Monday 
 in October following, and for 1921 and each succeeding cal- 
 endar year on the second Monday in February, two-thirds 
 of the common school fund appropriated for the calendar 
 year and the balance on the second Monday in October fol- 
 lowing. The distribution shall be made by the issuance 
 of the. auditor's warrant on the state treasury, payable to 
 the treasurers of the several counties and separate school 
 districts, the superintendent of education supplying the data 
 for the distribution. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 19, 1920. 
 
 CHAPTER 197. 
 SENATE BILL No. 371. 
 
 AN ACT providing for the enumeration of the educable children of 
 the state during the year 1923 and every two years thereafter 
 through the county superintendent and teachers of the respective 
 counties of the state. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That during 1923 and every two years 
 thereafter, the county superintendent of education shall re- 
 quire each principal teacher in his county to enumerate the 
 educable children, in his or her school district. Said enum- 
 eration shall be taken by townships 'and shall show the 
 names, ages, and sex of the educable children therein. Sep- 
 arate lists shall be made for white, negro and Indian races. 
 For districts in which there is no teacher the county superin- 
 tendent may employ some competent person to make the 
 enumeration and pay for same out of the public school fund 
 in the same manner as teachers salaries are paid. In no 
 case shall amount paid exceed one cent for each child enum- 
 erated. Municipal authorities shall have authority to employ 
 help in making enumeration in municipal separate school 
 districts and pay for same out of the district school fund in 
 the same manner as teachers' salaries are paid. 
 
PUBLIC SCHOOLS 99 
 
 Sec. 2. Teachers to Help Each principal white teach- 
 er shall receive names of children having a living parent or 
 guardian, and being in the care of such, only from the 
 parent or guardian. Any person proposing to give the 
 names of children not his or her own, shall first be requir- 
 ed to make an oath that he or she knows all the particulars 
 in reference to the children whose names are proposed to 
 be given in. 
 
 Sec. 3. Municipalities. The enumeration of each mu- 
 nicipality or separate school district shall be separate; and 
 the children shall be listed under the names of parents and 
 guardians alphabetically arranged, and by wards in case of 
 municipalities, and the street and residence number shall 
 be given where practicable. . 
 
 Sec. 4. List to be Submitted to Trustees. It shall be 
 the duty of said principal white teacher to submit list of 
 educable children to the local board of trustees who together 
 with said teacher shall make affidavit to the correctness of 
 the enumeration before a mayor, justice of the peace, or 
 other competent officer. Said affidavit to be attached to 
 the enumeration and delivered to the county superintendent 
 of education on or before March first. 
 
 Sec. 5. Penalty for Failure of Teacher. -It shall be 
 unlawful for the county superintendent of education to is- 
 sue pay certificate in favor of said principal white teacher 
 for the last month of the school term for that scholastic 
 year until said teacher shall have complied with the pro- 
 visions of this act. 
 
 Sec. 6. Two Copies to be Made. The county superin- 
 tendent of education or his deputy shall make two copies of 
 the enumeration which shall be examined and approved by 
 the board of supervisors if found correct. The county su- 
 perintendent of education shall on or before the first Mon- 
 day of October of the calendar year in which the enumera- 
 tion is made, file one copy in the office of the clerk of the 
 chancery court as a public record and the other in the office 
 of the state superintendent of education to be preserved as 
 a basis of apportionment of the common school fund of the 
 state for the four calendar years next succeeding. 
 
 Sec. 7. Affidavit. The county superintendent shall 
 make an affidavit before the clerk of the chancery court, 
 
100 PUBLIC SCHOOLS 
 
 that the enumeration has been taken in accordance with and 
 in the manner prescribed by law, and that it contains a true 
 and correct list of all the educable children in the county. 
 This affidavit shall be appended to each copy of the enum- 
 eration. 
 
 Sec. 8. Penalty for Failure to Make Enumeration. 
 If the county superintendent shall fail to require the prin- 
 cipal teacher to make this enumeration or shall fail to have 
 same copied and filed at the time specified, he or she shall 
 forfeit ($100.00) one hundred dollars on salary; and the 
 board of supervisors upon receiving from the state super- 
 intendent of education notice of such failure, must deduct 
 the amount forfeited from the salary of the county superin- 
 tendent. 
 
 Sec. 9. Deputy. The county superintendent of educa- 
 tion shall have authority to employ a deputy or an assistant 
 to copy the enumeration and said deputy or assistant shall 
 be paid by the board of supervisors out of the general coun- 
 ty fund. 
 
 Sec. 10. State Superintendent to Furnish Blanks. 
 Blanks for the enumeration shall be prepared by the state 
 superintendent of education and forwarded to the county 
 superintendent. 
 
 iSec. 11. Sections 4579, 4580, 4581, 4582, 4583, 4584, 
 4585, 4586, of code of 1906, and all amendments thereto and 
 all laws and parts of laws in conflict with this act are 
 hereby repealed. 
 
 Sec. 12. This -act shall take effect and be in force from 
 and after its passage. 
 
 Approved April 5, 1922. 
 
 Code 1906. 
 
 Sec. 7404 Hemingway's Code. 
 
 4621. General provisions Obedience to teachers. 
 All pupils must comply with the regulations, pursue the re- 
 quired course of study, and submit to the authority of the 
 teachers of schools. 
 
 Sec. 7405 Hemnigway's Code. 
 
 4622. Damage to school property. A pupil who wil- 
 
PUBLIC SCHOOLS 101 
 
 fully cuts, defaces, or otherwise injures any schoolhouse or 
 the fences or outbuildings or shade trees thereof, is liable 
 to suspension or expulsion ; and the parents or guardians 
 of such pupils shall be liable for all damages. 
 
 Sec. 7406 Hemingway's Code. 
 
 4623. General rules for teachers -Every teacher in a 
 public school must, before taking charge of a school and one 
 week before closing a term, notify the county superintend- 
 ent of the fact, naming the day of opening or closing ; must 
 enforce the course of study, the use of text-books, and the 
 rules and regulations prescribed for schools ; and must 
 hold pupils to a strict account for disorderly conduct on the 
 way to or from school, on the playgrounds, or during recess ; 
 suspend for good cause any pupil from the school, and re- 
 port such suspension to the board of trustees for review. 
 If his action be not sustained by them, the teacher may ap- 
 peal to the county superintendent, whose decision, if against 
 the teacher, shall be final. 
 
 Code 1906. 
 
 Code 1906, 4525, 4623, do not authorize the adoption of a rule 
 requiring all pupils of the school to remain in their homes and study 
 between designated hours in the evening. Hobbs v. Germany, 94 
 Miss. 469, 49 So. 515. 
 
 Sec. 7408 Hemingway's Code. 
 
 4625. Criminal to abuse teachers or disturb school. 
 A parent, guardian, or other person who shall insult or 
 abuse any teacher in the presence of the school shall be 
 guilty of a misdemeanor, and be liable to a fine of not less 
 than ten dollars nor more than fifty dollars. Any person 
 who shall wilfully disturb any public school or any public 
 school meeting shall be guilty of a misdemeanor, and liable 
 to a fine of not less than ten dollars nor more than fifty 
 dollars. 
 
 Sec. 7409 Hemingway's Code. 
 
 4626. Officers, trustees and teachers not to speculate 
 in books. If a public officer of this state, or of any district, 
 county, county district, city, town, or village thereof, or 
 any teacher or trustee of any public school shall be interest- 
 ed in the sale, proceeds or profits of any books, apparatus, 
 or furniture to be used in any public school of this state, he 
 shall be guilty of a misdemeanor, and, on conviction, shall 
 
102 PUBLIC SCHOOLS 
 
 be fined not less than two hundred dollars nor more than 
 five hundred dollars. 
 
 Sec. 7410 Hemingway's Cod;. 
 
 4627. Outstanding school indebtedness. In any coun- 
 ty where there are outstanding school warrants or indebted- 
 ness due teachers for teaching in the public schools, the 
 board of supervisors shall inquire into the justness of such 
 unpaid claims, and if they believe it to be right and proper 
 for the same to be paid, they may take up and cancel the 
 same and cause a warrant to issue to the proper person on 
 any county funds in the treasury for such amount as they 
 may determine to be justly due. In counties where such 
 outstanding indebtedness exists, and no funds on hand to 
 pay it, the boards of supervisors of such counties may make 
 a special levy, not to exceed one mill in any one year to pay 
 the same. 
 
 Code 1906. 
 
 Code 1906, 4627, is mandatory, and requires the board of super- 
 visors to provide for the payment of warrants issued upon pay cer- 
 tificates attested by the superintendent of education under 4566. 
 Hebron Bank v. Lawrence County, 109 Miss. 397, 69 So. 209. 
 
 Sec. 7411 Hemingway's Code. 
 
 4628. To pay school teachers where deficit occurs in 
 school funds in certain cases. In any county where public 
 schools have been taught and the teachers have not all been 
 paid, and the sureties on the official bond of the county 
 superintendent of public education have paid the full pen- 
 alty of the bond into the county treasury, any teacher who 
 has taught a school under employment of the county super- 
 intendent, and has not been paid in full for services as such 
 teacher, may file with the board of supervisors a claim 
 against the county for the balance due, and the board of su- 
 pervisors may examine all such claims and allow such as it 
 may deem just, and authorize the same to be paid out of any 
 general county funds in the hands of the county treasurer. 
 
 Sec. 7412 Hemingway's Code. 
 
 4629. School libraries. When any public free school 
 in this state shall raise ten dollars by subscription or other- 
 wise for a library for such school, and shall furnish a suit- 
 able bookcase with lock and key, the superintendent of edu- 
 cation of the county where such subscription is raised may 
 
PUBLIC SCHOOLS 103 
 
 issue his certificate for ten dollars in favor of said school, 
 to be paid out of the common-school fund of that county; 
 but in no case shall the amount given by the county in any 
 year exceed one hundred dollars; provided, that no school 
 shall receive a second donation from the school fund for li- 
 brary purposes so long as there are any new applications 
 from schools that have not been supplied. 
 
 Sec. 7413 Hemingway's Code. 
 
 4630. Library commission. The county superintend- 
 of education shall name two first-grade teachers, who, to- 
 gether with the county 'superintendent of education, shall 
 constitute a county library commission, and it shall be the 
 duty of this commission to name a list of books suited for 
 school libraries, and all books purchased under this provi- 
 sion shall be selected from this list. It shall be the duty 
 of this commission to make rules and regulations to govern 
 and control the use of such libraries in the county, and shall 
 name a local manager for each library, who shall make a re- 
 port every year to the county commission of all books pur- 
 chased during the year, of the money on hand at the time of 
 the report, together with the amount expended for library 
 purposes. The county superintendent shall keep a list of 
 books purchased by the several libraries of his county 
 and make a library report to the state superintendent of 
 education biennially with the county school report. 
 
 HOUSE BILL No. 130. 
 
 AN ACT to authorize the boards of supervisors of counties, whose as- 
 sessed valuation in 1919 was more than $18,000,000.00 to appropri- 
 ate money to the support of public libraries. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the board of supervisors of any 
 county, whose total assessed valuation, including railroads, 
 and all public utilities, was in the year nineteen hundred 
 and nineteen, more than eigtheen million dollars ($18,000,- 
 000.00), is empowered in its discretion, to appropriate a 
 sum not to exceed three thousand dollars ($3,000.00) per 
 annum toward the support of one or more public libraries 
 situated in said county. 
 
 Sec. 2. That this act take effect from and after its 
 passage. 
 
 Approved March 15, 1920. 
 
104 PUBLIC SCHOOLS 
 
 SENATE BILL No. 91. 
 
 AN ACT to provide for the acceptance of the benefits of an act passed 
 by the Senate and House of Representatives of the United States 
 of America, in Congress assembled, to provide for the promotion 
 of vocational education, to provide for the appointment of a state 
 'board of vocational education, and to provide for the duties there- 
 of; and to provide for the expenditure of any appropriation for 
 vocational education that may be made. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the State of Mississippi hereby 
 accepts all of the provisions and benefits of an act passed 
 by the senate and house of representatives of the United 
 States of America, in Congress assembled, entitled, "An Act 
 to provide for the promotion of vocational education ; to pro- 
 vide for co-operation with the states in the promotion of 
 vocational education ; to provide for co-operation with the 
 states in the promotion of such education in agriculture and 
 the trades and industries ; to provide for co-operation with 
 the state in the preparation of teachers of vocational sub- 
 jects and to appropriate money and regulate its expendi- 
 ture," approved February twenty-third, nineteen hundred 
 seventeen. 
 
 Sec. 2. The state treasurer is hereby designated and 
 appointed custodian of all moneys received by the state 
 from the appropriations made by said act of Congress and 
 he is authorized to. receive, and to provide for the proper 
 custody of the same, and to make disbursements thereof in 
 the manner provided for in the act and for the purposes 
 therein specified. He shall also pay out any moneys appro- 
 priated by the State of Mississippi for the purpose of car- 
 rying out the provisions of this act upon the order of the 
 state board for vocational education. 
 
 Sec. 3. There is hereby created a state board for vo- 
 cational education, to consist of the state superintendent of 
 education, the state supervisor of affiliated high schools, the 
 acting supervisor of white rural schools the acting super- 
 visor of negro rural schools, and one white citizen of the 
 state to be appointed by the governor, which citizen may 
 be a woman, by and with the advice and consent of the sen- 
 ate, who shall hold office for a term of four years, and until 
 his successor is appointed and has qualified. Members of 
 the board shall receive no salary nor traveling expenses save 
 
PUBLIC SCHOOLS 105 
 
 the member appointed by the governor who shall receive 
 actual and necessary expenses in attending board meetings. 
 
 Sec. 4. The state superintendent of education shall 
 serve as executive officer of the state board for vocational 
 education, and shall designate, by and with the advice and 
 consent of the state board for vocation education, such as- 
 sistants as may be necessary to properly carry out the pro- 
 visions of this act. The state superintendent of education 
 shall also carry into effect such rules and regulations as the 
 state board for vocational education may adopt and shall 
 prepare such reports concerning the conditon of vocational 
 education in the state as the state board for vocational edu- 
 cation may require. 
 
 Sec. 5. That the state board for vocational education 
 shall have all necessary authority to co-operate with the 
 federal board for vocational education in the administra- 
 tion of said act of Congress ; to administer any legislation 
 pursuant thereto enacted by the State of Mississippi, and to 
 administer the funds provided by the federal government 
 and the State of Mississippi under the provisions of this 
 act, for the promotion of vocational education in agricultur- 
 al subjects, trade and industrial subjects, and home eco- 
 nomics subjects. It shall have full authority to formulate 
 plans for the promotion of vocational education in such sub- 
 jects as an essential and integral part of the public school 
 system of education in the state of Mississippi, and to pro- 
 vide for the preparation of teachers of such subjects. It 
 shall have authority to fix the compensation of such officials 
 and assistants as may be necessary to administer the federal 
 act and this act for the state of Mississippi and to pay such 
 compensation and other necessary expenses of administra- 
 tion from funds appropriated in this act. It shall have au- 
 thority to make studies and investigations relating to vo- 
 cational education in such subject; to publish the results of 
 such investigation and to issue other publications as seem 
 necessary by the board ; to promote and aid in the establish- 
 ment by local communities of schools departments, or class- 
 es giving training in such subjects ; to cooperate with local 
 communities in the maintenance of such schools, depart- 
 ments or classes to prescribe qualifications for the teachers, 
 directors and supervisors of such subjects, and to have full 
 authority to provide for the certification of such teachers, 
 directors and supervisors; to co-operate in the mainten- 
 
106 PUBLIC SCHOOLS 
 
 ance of classes supported and controlled by the public for 
 the preparation of teachers, directors and supervisors- of 
 such subjects or to maintain such classes under its own di- 
 rection and control; to establish and determine by general 
 regulations the qualifications to be possessed by persons 
 engaged in the training of vocational teachers 
 
 Sec. 6. That the state board for vocational education 
 shall hold at least three stated meetings per year, and at 
 such other times as may be designated by the executive of- 
 ficer of the board or upon the request in writing of a ma- 
 jority of the members of the board. The stated meetings 
 of the board shall be held in the office of the state superin- 
 tendent of education. 
 
 Sec. 7. That the board of trustees of any public school 
 in the state may in their discretion co-operate with the state 
 board for vocational education in the establishment and 
 maintenance of vocational schools or classes giving instruc- 
 tion in agricultural subjects, or in trade or industrial sub- 
 jects, or in home economics subjects to persons in need of 
 such instruction, and may use for paying the cost of such 
 co-operation any moneys raised by public taxation in the 
 same manner as moneys for other school purposes are used 
 for the maintenance and support of public schools. 
 
 'Sec. 8. The state of Mississippi shall appropriate 
 sums of money for the support of vocational education from 
 year to year, sufficient at least to equal the amounts allotted 
 year by year to the state of Mississippi for vocational edu- 
 cation by the federal government under the provisions of 
 the act known as the Smith-Hughes Act, which act was ap- 
 proved February 23, 1917. 
 
 Sec. 9. That any appropriation that may hereafter be 
 made under the provision of this act shall be used by the 
 state board for vocational education for the promotion of 
 vocational education as provided for in the federal act and 
 for the purpose set forth in this act. Provided that the 
 state appropriations shall not be used to reimburse high 
 schools which are receiving other state funds, except in lieu 
 of not more than one-half the amount that may be due such a 
 high school from federal funds. Provided further, that 
 only such a portion of the above state appropriations shall 
 be used as may be absolutely necesasry to carry out the pro- 
 visions of this act and to meet the federal requirements. 
 
PUBLIC SCHOOLS 107 
 
 Sec. 10. That the state board for vocational education 
 shall make a report biennially to the state legislature set- 
 ting forth the condition of vocational education in the state 
 of Mississippi, a list of schools to which federal and state 
 aid has been given, and a detailed statement of the expendi- 
 tures of federal funds and the state funds that may be pro- 
 vided. 
 
 Sec. 11. That the provisions of this act are substituted 
 for the existing school laws concerning vocational education 
 in this state, and that all such existing school laws of this 
 state and all laws or parts of laws in conflict herewith are 
 hereby repealed. 
 
 Sec. 12. That this act take effect and be in force from 
 and after 90 days of the adjournment of the legislature. 
 Approved February 24, 1920. 
 
 CHAPTER 256. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the board of trustees of any pub- 
 lic school in the state may in their discretion, maintain 
 evening or part-time schools for persons in need of such in- 
 struction and pay for same from school funds raised by local 
 levy. 
 
 Sec. 2. That the state board of vocational education is 
 hereby authorized and empowered to establish qualifica- 
 tions for and to examine and legally license all teachers who 
 are to be employed in vocational schools or departments es- 
 tablished under the provisons o'f the act of congress approv- 
 ed February 23, 1917, entitled, "An Act to provide for the 
 promotion of vocational education, etc." 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
 SENATE BILL No. 112. 
 
 AN ACT to provide for the acceptance of the benefits of an act pass- 
 ed by the senate and house of representatives of the United States 
 of America, in Congress assembled, to provide for the promotion 
 of vocational rehabilitation of persons disabled in industry or 
 otherwise and their return to civil employment, to provide for the 
 
108 PUBLIC SCHOOLS 
 
 appointment of a custodian for all moneys received by the state 
 from the United States, or from other sources for the purpose 
 stated to empower and direct the state board of vocational educa- 
 tion to co-operate with the federal board for vocational education 
 in carrying out the provisions of said act and to prescribe its pow- 
 ers and duties, and to provide for state appropriations for voca- 
 tional rehabilitation of persons disabled in industry or otherwise. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the state of Mississippi hereby 
 accepts all of the provisions and benefits of an act passed by 
 the senate and house of representatives of the United States 
 of America in Congress assembled, entitled: "An Act to 
 provide for the promotion of vocational rehabilitation of 
 persons disabled in industry or otherwise, and their return 
 to civil employment," approved June 2nd, 1920, the same be- 
 ing Public Acts 236 of the 66th Congress. 
 
 Sec. 2. That the state treasurer is hereby designated 
 and appointed custodian of all moneys received by the state 
 from appropriations made by Congress of the United States, 
 or from other sources for the vocational rehabilitation of 
 persons disabled in industry or otherwise, and he is author- 
 ized to receive and to provide for the proper custody of the 
 same and to make disbursement therefrom upon the requi- 
 sition of the state board of vocational education as attested 
 by its chairman and chief executive officer. 
 
 Sec. 3. That the board heretofore designated or creat- 
 ed as the state board for vocational education to co-operate 
 with the federal board for vocational education in the ad- 
 ministration of the provisions of the vocational education 
 act, approved February 23, 1917, is hereby designated as the 
 state board for the purpose of co-operating with the said 
 federal act providing for the vocational rehabilitation of 
 persons disabled in industry or otherwise, and is hereby em- 
 powered and directed to co-operate with said federal board 
 in the administration of said act of Congress to administer 
 any legislation pursuant thereto enacted by the state of Mis- 
 sissippi, to prescribe and provide such courses of vocational 
 training as may be necessary for vocational rehabilitation 
 of persons disabled in industry or otherwise and their re- 
 turn to civil employment, to provide for the supervision f 
 such training, to direct the disbursement and administer the 
 use of all funds provided by the federal government or this 
 
PUBLIC SCHOOLS 109 
 
 state for the vocational rehabilitation of such persons, and 
 to do all things necessary to insure the vocational rehabili- 
 tation of persons within the state disabled in industry or 
 otherwise. 
 
 Sec. 4. That the state board for vocational education 
 is hereby authorized and empowered to receive such gifts 
 and donations from either public or private sources as may 
 be offered unconditionally or under such conditions related 
 to the vocational rehabilitation of persons disabled in indus- 
 try or otherwise as in the judgment of said state board are 
 proper and consistent with the provisons of this act. All 
 the moneys received as gifts or donations shall be deposit- 
 ed in the state treasury and shall constitute a permanent 
 fund to be called the special fund for the vocational re- 
 habilitation of disabled parties, to be used by the said board 
 related thereto. The state board shall make a report bi- 
 ennially to the state legislators setting forth the condition 
 of vocational rehabilitation of disabled persons in Missis- 
 sippi, the expenditures made from state and federal funds, 
 in carrying out the provisions of this act, or for purposes 
 and a detailed statement of all gifts and donations offered 
 and accepted, together with the names of donors and the re- 
 spective amounts contributed by each, and all the disburse- 
 ments made therefrom. 
 
 Sec. 5. That the state of Mississippi shall appropriate 
 sums of money for the support of vocational rehabilitation 
 of persons disabled in industry or otherwise in this state, 
 from year to year, sufficient at least to equal the amounts 
 allotted year by year to the state of Mississippi for voca- 
 tional rehabilitation of persons disabled in industry or 
 otherwise by the federal government, under the provisions 
 of the federal industrial rehabilitation act which act was 
 approved June 2, 1920. 
 
 Sec. 6. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 2, 1922. 
 
110 PUBLIC SCHOOLS 
 
 CHAPTER 25. 
 HOUSE BILL No. 799. 
 
 AN ACT to appropriate money for the support of vocational reha- 
 bilitation of disabled persons in Mississippi for the years 1922 and 
 1923. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That there be and is hereby appro- 
 priated out of any money in the State Treasury, not other- 
 wise appropriated, the sum of seventeen thousand nine dol- 
 lars and twenty-seven cents, ($17,009.27) for the year 
 1922, and the sum of seventeen thousand nine dollars and 
 twenty-seven cents, ($17,009.27) for the year 1923, or so 
 much thereof as may be necessary for the expenditure un- 
 der the supervision of the State Board for Vocational Edu- 
 cation in the support of Vocational Rehabilitation of dis- 
 abled persons in Mississipp. 
 
 Sec. 2. That the money appropriated by this act shall 
 be paid out of the State Treasury only in the manner pro- 
 vided for by the law. 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 Approved March 30th, 1922. 
 
 CHAPTER 57. 
 SENATE BILL No. 107. 
 
 AN ACT to appropriate money for the support of vocational educa- 
 tion in Mississippi for the fiscal years ending June 30, 1920, June 
 30, 1921 and June 30, 1922. 
 
 Vocational education fund provided for. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That there and is hereby appropriated 
 out of any money in the state treasury, not otherwise ap- 
 propriated, the sum of twenty-seven thousand four hundred 
 thirty-two dollars and forty-three cents ($27,432.43) for 
 the fiscal year ending June 30, 1920 ; the sum of sixty-six 
 thousand and seven dollars and (twelve cents ($66,007.12) 
 for the fiscal year ending June 30, 1921 ; the sum of seventy- 
 five thousand two hundred eighty-six dollars and forty- 
 eight cents ($75,286.48) for the fiscal year ending June 
 
PUBLIC SCHOOLS 111 
 
 30, 1922, or so much thereof as may be necessary for ex- 
 penditure under the supervision of the state board for vo- 
 cational education in the support of vocational education in 
 Mississippi as provided for by law. 
 
 How money to be paid out. 
 
 Sec. 2. That the money appropriated by this act shall 
 be paid out of the state treasury only in the manner provid- 
 ed by law. 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 29, 1920. 
 
 CHAPTER 253. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the boards of supervisors of the 
 various counties in Mississippi, which are entitled to share 
 in the distribution of the Chickasaw school funds, be and 
 are hereby authorized and empowered to make settlement 
 with any separate school district in said counties which has 
 received more or less than its proportionate part of said 
 funds and the boards of supervisors may appropriate any 
 money now on hand or that may be allotted to said counties 
 in the future in the payment of any amount due to such 
 separate school districts. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 CHAPTER 250. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That all bonds, notes, certificates of 
 indebtedness and other obligations, which have been issued 
 or ordered issued, by any and all consolidated school dis- 
 tricts or separate school districts, under and by authority 
 of any general, special, local or private act of the legisla- 
 ture be, and they are hereby in all things made valid and 
 legal, and are binding obligations on the consolidated school 
 district or separate school districts issuing the same, or or- 
 
112 PUBLIC SCHOOLS 
 
 dering the same to be issued, regardless of defects, errors, 
 omissions, or informalities in their issuance or orders of 
 issuance, or in the organization of such school districts, or 
 the failure of such consolidated school districts or separate 
 school districts to comply with any law or part of law pro- 
 viding for their issuance, or in the creation or organization 
 of such district. 
 
 Sec. 2. That this act shall apply to all such bonds, 
 notes, certificates of indebtedness, or other such obligations, 
 already issued and outstanding, or ordered to be issued, and 
 such obligations, bonds, notes and certificates of indebted- 
 ness are hereby made in all things valid and legal, provided, 
 it shall not apply to bonds over which there is now a judicial 
 contest and upon which no money has been paid. 
 
 Sec. 3. This act shall take effect and be in force from 
 and after its passage. 
 
 Code 1906. 
 Sec. 4639 Hemingway's Code. 
 
 2272. Doors to open outwardly. All the door for in- 
 gress and egress to public schoolhouses, theatres, assembly 
 rooms, halls, courthouses, churches factories with more than 
 twenty employes, and all other buildings and places of pub- 
 lic resort whatever, where people are wont to assemble, ex- 
 cepting schoolhouses, courthouses, and churches of one au- 
 dience-room, and that on the ground floor, shall be so swung 
 as to open outwardly from the audience-rooms, halls, or 
 workshops ; but such doors may be hung on double- jointed 
 hinges, so as to open with equal ease outwardly or inwardly, 
 
 HOUSE BILL No. 177. 
 
 AN ACT to compel the attendance of school children within certain 
 ages in the state of Mississippi; to fix exceptions to such provi- 
 sions; to provide means for the enforcement of this act; to re- 
 quire reports from public, private and parochial school; to make 
 it unlawful for any parent, guardian or other person occupying 
 the place of parent to violate the provisions of this act and fix- 
 ing penalties therefor. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That on and after August 1, 1920, ev- 
 ery parent, guardian or other person in the state of Missis- 
 
PUBLIC SCHOOLS 113 
 
 sippi having control or charge of any child or children be- 
 tween the ages of seven and fourteen years of age inclusive, 
 shall be required to send such child or children to public day 
 school or to a private denominational or parochial day school 
 taught by a competent instructor, and such child or children 
 shall attend school for at least eighty (80) days during each 
 and every scholastic year ; provided that the period of com- 
 pulsory attendance for each school shall commence at the 
 beginning of the school, unless otherwise ordered by a board 
 of trustees of a municipal separate school district for the 
 schools of that district, or by the county school board for 
 other schools in the county coming under the provisions of 
 this act. 
 
 Sec. 2. That any and all children who have completed 
 the common school course of study or the equivalent thereof, 
 shall be exempt from the provisions of this act, and in case 
 there be no schools of suitable grade within two and one- 
 half miles, by the nearest traveled road, of any person be- 
 tween the ages of seven and fourteen years inclusive, he or 
 she shall not be subject to the provisions of this act, unless 
 transportation is furnished as provided for in the case of 
 consolidated schools, provided further that the trustees of 
 any school, with the approval of the county superintendent 
 of education, shall have the authority, in the exercise of 
 their discretion, to permit the temporary absence of child- 
 ren from the school, between the ages of seven and fourteen, 
 inclusive, in extreme cases of emergency. 
 
 Sec. 3. That any and all children who are mentally 
 and physically incapacitated for the work of the school are 
 exempt from the provisions of this act, but the trustees of 
 any school with the approval of the county superintendent 
 of education shall have the right and they are hereby au- 
 thorized, when such exemption, under the provisions of this 
 act, is claimed by any parent, guardian or other person hav- 
 ing control of such child or children, to require from the 
 county health officer or a reputable practicing physician a 
 properly attested certificate that such a child or children 
 have been examined by him and should not be required to 
 attend school. 
 
 Sec. 4. In case any parent, guardian or other person 
 having control of a child shall show before the superintend- 
 ent or principal of a school that the child is without books 
 for attending school, and that such parent or guardian is 
 
114 PUBLIC SCHOOLS 
 
 unable to furnish them, the said superintendent or principal 
 shall at once, if he decides the case has merit report in 
 writing the facts to the county superintendent of education, 
 who shall make a thorough Investigation of all claims set 
 forth by said parent or guardian, and if he finds these 
 claims to be true, he shall in his discretion, present the case 
 to the board of supervisors who are hereby authorized and 
 instructed to provide such books as may be necessary to 
 equip such child for attendance at school, out of the general 
 county fund, or other funds under control of the board. 
 
 Sec. 5. It shall be the duty of the county superintend- 
 ent of education to keep a record of the educable children in 
 the county between the ages of seven and fourteen years in- 
 clusive; to require such reports from the principal teacher 
 in each public, private or parochial school in the county as 
 shall be required by the state superintendent of education, 
 showing the number of absentees and cause of same on 
 blanks furnished by the state department of education ; to 
 give written notices to parents, guardians or other persons 
 having control of truant children as provided in section 6 
 of this act ; to make affidavits against parents, guardians or 
 other persons having control of such truant children as pro- 
 vided in sec. 7 of this act to proceed against incorrigible 
 children as provided in sec. 9 of this act; to furnish each 
 principal teacher with a list of all children between the ages 
 of seven and fourteen inclusive, as provided in section 10 of 
 this act, and to make monthly and yearly reports to the state 
 superintendent of education as may be required by him and 
 to retain a copy of such reports in his office. 
 
 Sec. 6. At the end of the fifth day of compulsory at- 
 tendance period of any school, the principal teacher shall 
 report to the county superintendent of education the names 
 and addresses of all children between the ages of seven and 
 fourteen years, inclusive, who are absent for more than one 
 day, and whose absence is not satisfactorily explained by 
 'the parent, guardian, or other person having control of the 
 child. Upon investigation where no valid reason for non- 
 enrollment is found, it shall be the duty of the county super- 
 intendent of education to give written notice to the parent, 
 guardian or other person having control of the child, which 
 notice shall require the attendance of said child at such 
 school within three days from the date of said notice for 
 non-enrollment and immediately for non-attendance. 
 
PUBLIC SCHOOLS 115 
 
 Sec. 7. That if within three days from date of service 
 of such notice for non-enrollment and immediately for non- 
 attendance, the parent, guardian or other person having 
 control of such child, does not comply with the require- 
 ments, the county superintendent of education shall make 
 affidavit against such parent, guardian or other person hav- 
 ing control of the child, before any justice of the peace, 
 mayor or police justice of any town or city as the case may 
 be, in which such offense shall be committed, which court is 
 hereby clothed with jurisdiction over all offenders with full 
 power to hear <and try all complaints, and on conviction, 
 punish by fine of not less than one dollar ($1.00) , nor more 
 than ten dollars ($10.00), for the first offense, and not less 
 than five dollars ($5.00) nor more than twenty-five dollars 
 ($25.00) for the second offense, and for every succeeding of- 
 fense not less than twenty-five dollars ($25.00) or ten days 
 imprisonment in the county jail or both. Fines when col- 
 lected, to be paid into the district school fund in which pen- 
 alty is Inflicted. 
 
 Sec. 8. All school officers including those in private, 
 denominational or parochial schools in this state, offering 
 instruction to pupils within the compulsory ages, are here- 
 by required to make and furnish all reports that may be re- 
 quired by the state, and by the county superintendent of ed- 
 ucation, or by the trustees of any municipal separate school 
 district, with reference to the working of this act. 
 
 Sec. 9. That in case any pupil becomes habitually 
 truant or a menace to the best interests of the school which 
 he is attending or should attend, it shall be the duty of the 
 principal teacher of the school to report such fact and con- 
 dition to the parent, guardian or other person having control 
 of such child. Should such parent, guardian or other per- 
 son having control of such child, state in writing to the coun- 
 ty superintendent of education that he or she is unable to 
 control such child, then said county superintendent of edu- 
 cation shall proceed against such incorrigible pupil as a dis- 
 orderly person before a court of competent jurisdiction, and 
 said child upon conviction may be sentenced to any custodial 
 institution that may be open to such children. If there be 
 no available institution, then such incorrigible child shall be 
 expelled from school. 
 
 Sec. 10. That in order that the provisions of this act 
 may be definitely enforced, the county superintendent of 
 education shall not later than ten days before the annual 
 
116 PUBLIC SCHOOLS 
 
 compulsory attendance term furnish to each principal teach- 
 er of a rural school and to the superintendent or principal 
 teacher of the schools in any municipal separate district, a 
 list of all the children from seven to fourteen years, inclu- 
 sive, who should attend the school or schools under the 
 charge of the said principal teacher of the rural school or of 
 the superintendent or principal of the school or schools in 
 any municipal separate district, as the case may be, giving 
 the name, date of birth, age, race, sex and estimated dis- 
 tance from the school house by the nearest traveled road, 
 the name and address of parent, guardian or other person 
 in parental relationship. 
 
 Sec. 11. That any county in this state may release it- 
 self from the provisions of this act by a majority vote of the 
 qualified electors thereof, cast against the provisions of 
 this act, in an election ordered and held for the purpose of 
 determining whether or not the provisions of this act shall 
 be enforced in such county ; provided, however, that no such 
 election shall be ordered by the board of supervisors of any 
 county unless requested to do so by a petition signed by 20 
 per cent of the qualified electors of such county. 
 
 Sec. 12. That chapter 258, laws of 1918, is hereby re- 
 pealed. 
 
 Sec. 13. That this act take effect and be in force from 
 and after August 1, 1920. 
 
 Approved March 27, 1920. 
 
 SENATE BILL No. 530. 
 
 AN ACT to amend section 29 of House Bill 66. laws of 1920, approved 
 March 19th, 1920, so as to make the salary of the county superin- 
 tendent of education payable out of the common school fund. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 29 of House bill 66, laws 
 of 1920, approved March 19th, 1920, be amended so as to 
 read as follows : 
 
 Sec. 29. All salaries of officers and deputies herein 
 provided for shall be paid monthly, out of the general county 
 fund except that of county superintendent of education, 
 whose salary shall be paid out of the county common school 
 fund, upon an order previously made by the board of super- 
 
PUBLIC SCHOOLS 117 
 
 visors upon the presentation of a voucher by each of the 
 officers and deputies herein specified, properly prepared by 
 the county auditor, who shall keep an account of all salaries 
 paid. For such services the county auditor shall not re- 
 ceive any pay in addition to that as otherwise provided by 
 law. Municipalities constituting separate school districts 
 and rural separate school districts shall pay their propor- 
 tionate part of salary, estimated upon the amount of funds 
 received from the state distribution. 
 
 Sec. 2. That all laws and parts of laws in conflict with 
 this act be and the same are hereby repealed and that this 
 act take effect and be in force from and after its passage. 
 Approved April 3, 1920. 
 
 SENATE BILL No. 43. 
 
 AN ACT authorizing the board of trustees of separate school districts 
 and consolidated schools to permit the use of school buildings for 
 entertainments and civic gatherings, etc. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the board of trustees of every sep- 
 arate school district and every consolidated school district 
 shall have power in their discretion to designate a custodian 
 or custodians of the school building, grounds and property 
 of school district, and to make all needful rules and regula- 
 tions concerning the duties and powers of such custodian or 
 custodians. 
 
 Sec. 2. The said several boards of trustees, may, in 
 their discretion, authorize the use of the school buildings 
 and grounds of their respective districts for the holding of 
 public meetings or gatherings of the people under such rules 
 and regulations as said board of trustees may prescribe. 
 
 Sec. 3. That this act take effect and be in force 90 days 
 from and after adjournment of legislature. 
 Approved February 4, 1920. 
 
 HOUSE BILL No. 170. 
 
 AN ACT providing for the display of the United States flag within or 
 without school houses in this state. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the flag of the United States shall 
 
118 PUBLIC SCHOOLS 
 
 be displayed either within or without every school building. 
 The school board of each school district shall provide in such 
 manner as they may see fit for the flag and its display. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage and approval. 
 
 Approved March 27, 1920. 
 
 CHAPTER 176. 
 HOUSE BILL No. 457. 
 
 AN ACT to amend section 4536, code of 1906, so as to increase the 
 compensation of the county board of examiners of teachers. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 4536 be amended so as to 
 read as follows : Two first grade teachers to be appointed 
 annually prior to the fall examinations by the county super- 
 intendent of education shall, with the county super- 
 intendent, constitute an examining board for each county; 
 provided the members of said board shall not be related by 
 affinity or consanguinity (but a teacher of a normal or 
 training school not be appointed on the board) . A major- 
 ity of said board shall be present and conduct all examina- 
 tions of teachers, as herein provided, and they shall as a 
 board, and not individually, review and grade the examina- 
 tion papers submitted by applicants for license to teach. The 
 teachers comprising the board shall each receive five dollars 
 ($5.00) for each day of actual service in holding the exam- 
 inations and twenty-five cents additional for grading the 
 papers of each applicant, to be paid put of the school fund 
 in the same manner as teachers' salaries are paid. The ex- 
 aminers shall qualify by taking and subscribing the oath of 
 office before the county superintendent, who shall file it in 
 his office; and for violations of any section of this law 
 which refers to examinations they shall be subject to the 
 same penalties as the county superintendent. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 Approved April 3, 1920. 
 
COUNTY SUPERINTENDENT 119 
 
 COUNTY SUPERINTENDENT. 
 
 Sec. 7566 Hemingway's Cede. 
 
 4809. Designation and qualifications. There shall be 
 a superintendent of public education in each county, who 
 shall be elected by the people, whose term of office shall be 
 for four years. Before any one shall be elected to the of- 
 f ive he shall have attained the age of twenty-one years, and 
 shall be a qualified elector and a resident citizen of the state 
 for four years and of the county for two years immediately 
 preceding his election, and shall have passed the examina- 
 tion provided for in the section following the next one and 
 have received a certificate accordingly. 
 
 Sec. 7567 Hemingway's Code. 
 
 4810. Elected in all counties. County superintend- 
 ents of education shall be elected at the same time and in 
 the same manner as other county officers are elected, and a 
 vacancy occurring in said office shall be filled in the manner 
 provided by law for the filling of vacancies in other county 
 offices. 
 
 CHAPTER 249. 
 LAWS 1912. 
 
 Sec. 7568 Hemingway's Code. 
 
 4811. How examined. All applicants or candidates 
 for the office of county superintendent shall pass an exam- 
 ination on the branches required for the first grade license, 
 and in addition on the art of teaching. The examination 
 shall be held in the county of the applicant, and at such time 
 as may be suggested by said applicant, by the state board of 
 examiners under regulations passed by the state board of 
 education, and the result of such examination shall be speed- 
 ily made known to said applicant by said board of examin- 
 ers. Candidates or applicants who prefer to take the ex- 
 amination at Jackson can do so by giving the state superin- 
 tendent of education ten days' notice, by registered letter, 
 and having taken said examination at Jackson, the appli- 
 cant shall, as speedily as practicable, be informed of the re- 
 sult thereof. 
 
 CODE 1906. 
 
 Sec. 7569 Hemingway's Code. 
 
 4812. Oath of office and bond. The county superin- 
 
120 COUNTY SUPERINTENDENT 
 
 tendent shall, before entering upon the duties of his office, 
 take the oath of office, and give bond with two sureties, in 
 the penal sum of not less than five hundred dollars nor more 
 than two thousand dollars, payable to the state conditional 
 for the faithful performance of his duties, the amount of 
 said bond to be fixed by the board of supervisors; and in 
 case the superintendent fail to give the required bond with- 
 ing thirty days after his term of office begins, when ap- 
 pointed, the office shall be vacant. 
 
 Sec. 7570 Hemingway's Code. 
 
 4813. Skatt have on office. The county superintend- 
 ent shall keep an office at the county seat of the county, 
 which shall be provided for him, and furnished with such 
 furniture as may be needed, by the board of supervisors, and 
 allowed and paid for out of the school fund. 
 
 Schools^ see 7576. 
 
 Sec. 7571 Hemingway's Code. 
 
 4814. Shall keep records. The county superintend- 
 ent shall keep a record of all of his offical acts, in the man- 
 ner and form prescribed by law, and conform the manner of 
 its keeping to the recommendations and directions of the 
 state superintendent of education; and he shall preserve 
 faithfully all reports of school officers and teachers, and, at 
 the close of his official term, deliver to his successor all 
 records, books, documents, and papers belonging to the of- 
 fice, taking a receipt for the same, which shall be filed in the 
 office of the clerk of the circuit court ; and he shall perform 
 such other duties as may be prescribed by law. 
 
 Sec. 7572 Hemingway's Code. 
 
 4815. Not to teach school. A county superintendent 
 of public education shall not teach in any school during his 
 term of office. 
 
 Sec. 7573 Hemingway's Code. 
 
 4816. Office expenses. The cost of the necessary 
 books, fuel, office furniture, printing, stationery, and post- 
 age used by the superintendent of education in the discharge 
 of his official duties, shall be paid out on the allowance of 
 the board of supervisors out of the county treasury ; but an 
 allowance therefor shall not be made until an itemized ac- 
 count is presented, with the affidavit of the superintendent 
 attached averring its correctness. 
 
COUNTY SUPERINTENDENT 121 
 
 Sec. 7574 Hemingway's Code. 
 
 4497. County superintendent Duties generally. It 
 shall be the duty of the county superintendent : 
 
 (a) To employ for each school under his supervision, 
 such teacher or teachers as may be recommended by the 
 local trustees ; but the teacher shall hold his certificate of 
 proper date and grade and execute the required contract ; 
 
 (b) To examine the monthly reports of teachers and 
 require the signatures of a majority of the trustees certify- 
 ing to the accuracy of the report, and upon the report thus 
 certified to issue a pay certificate showing the amount of 
 salary due, and the scholastic month for which it is issued. 
 The pay certificate must be in the form prescribed by the 
 board of education, and a stub duplicate made out and pre- 
 served in his office ; 
 
 (c) To fix the salaries of teachers and to make con- 
 tracs with them ; 
 
 (d) To enforce the course of study adopted by the 
 board of education, and the uniform text-books adopted for 
 the county ; 
 
 (e) To enforce the law and the rules and regulations 
 in reference to the examination of teachers ; 
 
 (f ) To visit the schools and require teachers to per- 
 form all their duties ; 
 
 (g) To select and employ teachers for public schools 
 whose trustees fail to report a selection within ten days of 
 the time fixed by the county school board for the beginning 
 of the term ; 
 
 (h) To administer oaths in all cases of teachers, 
 trustees, and others relating to the schools, and to take testi- 
 mony in appeal cases under the school law ; 
 
 (i) To keep on file and preserve in his office the bi- 
 ennial report of the superintendent of public education and 
 all circular letters sent out by him, and a copy of the school 
 law; 
 
 (j) To distribute promptly all reports laws, forms, 
 circulars, and instructions which he may receive for the 
 
122 COUNTY SUPERINTENDENT 
 
 use of school officers and teachers, from the state superin- 
 tendent of public education ; 
 
 (k) To carefully preserve all reports of school of- 
 ficers and teachers, and, at the close of the term of office, 
 deliver to his successor all records, books, documents, and 
 papers belonging to the office, taking a receipt for the same, 
 which shall be filed in the office of the chancery clerk ; 
 
 (1) To make annually, on or before the first day of 
 October, a written report to the board of supervisors and 
 mayor and board of aldermen of the municipality constitu- 
 ing a separate school district, showing the name, sex and 
 color of the teachers employed during the preceding schol- 
 astic year, the number of months taught by each, and the 
 'aggregate amounts of pay certificates issued to each and 
 to all ; and the report shall be filed in the office of the chan- 
 cery clerk or the municipal clerk, as the case may be, and 
 be compared by said officer with the pay certificates of the 
 county superintendent for the period embraced in the re- 
 port; 
 
 (m) To file with the chancery and municipal clerks, 
 before issuing any pay certificate for the current term, list -3 
 of the teachers employed, and the monthly salary of each a j 
 shown by the contract, and to add to the list any teachers 
 subsequently employed ; 
 
 (n) To keep in his office and carefully preserve the 
 public school record provided ; to enter therein the proceed- 
 ings of the county school board, the decisions of appeal 
 cases, and other official acts ; a list of the teachers examin- 
 ed, licensed, and employed ; and, within ten da^s after they 
 are rendered, to record the data required from 'the monthly 
 and term reports of teachers, and the annual reports of 
 county and separate school district treasurers; and from 
 the summaries of records thus kept, to render, on or before 
 the twentieth of October, an annual report to the state su- 
 perintendent in the form and containing the particulars re- 
 quired ; 
 
 (o) To observe such instruction and regulations as 
 the board of education may from time to time prescribe, and 
 make special reports to those officials whenever required; 
 and 
 
 (p) To perform such other duties as may be required 
 
COUNTY SUPERINTENDENT 123 
 
 of him by law or the rules and regulations of the board of 
 education ; and in no case shall he receipt for a teacher's 
 warrant or collect the money on the same. 
 
 Code 1906. 
 
 A false report of a public school, purporting to be signed by one 
 who had neither been elected by the trustees nor appointed nor cono- 
 tracted with by the superintendent as a teacher of the school, did not 
 authorize the superintendent to issue a pay warrant thereon, and 
 hence, though false in fact, and though the superintendent issued a 
 certificate for the payment of salary thereon, could not be the subject 
 of forgery. Moore v. State, 107 Miss. 181, 65 So. 126. 
 
 Since the county superintendent has control of the educational 
 system of the county and is required to employ teachers selected by the 
 local trustees and enter into contracts with them and pay for their 
 services, neither he nor his bondsmen are liable for errors of judg- 
 ment and discretion in the absence of fraud, though by reason of such 
 errors he paid to the teachers, etc., a greater remuneration than they 
 were entitled to. State v. Green, 111 Miss. 32, 71 So. 171. 
 Sec. 7373 Hemingway's Cede. 
 
 4557. Monthly salaries to be proportionate to the 
 whole school fund. Superintendents shall fix the salaries 
 of teachers so that the amount to be paid in salaries for 
 maintaining all the schools one month shall not exceed that 
 fractional part of the whole school fund which one month 
 is of the whole number of months the schools are to be 
 taught. 
 
 CHAPTER 247. 
 LAWS 1912. 
 
 Sec. 7374 Hemingway's Code. 
 
 4558. When assistants allowed. Superintendents 
 shall have power to allow one teacher to every fifty educable 
 children in a school district. When a school is in opera- 
 tion, and has more than thirty-five children in actual attend- 
 ance, in as many as five different grades, none of which 
 shall contain less than three pupils, upon application of the 
 trustees of the district for an assistant the superintendent 
 shall visit the school and, after conferring with the trustees 
 and examination of the daily register, he may grant one as- 
 sistant if, in his judgment, such is needed. In the same 
 
124 COUNTY SUPERINTENDENT 
 
 manner he may grant the second assistant, where there is 
 in actual attendance as many as seventy pupils in as many 
 as eight different grades. But in schools of over one hun- 
 dred in actual attendance only one teacher shall be allowed 
 for every thirty pupils. In all cases those pupils who are 
 entitled to attend the public schools in the district shall be 
 counted in making up the actual attendance. 
 
 Code 1892. 
 
 An indictment against a teacher for making a false report to the 
 county superintendent for the second month, upon which he was al- 
 lowed a second assistant teacher for the third month, and charging 
 that with intent to defraud he obtained a teacher's pay certificate for 
 such assistant, is demurrable in the absence of a charge that the at- 
 tendance on the school for the third month did not entitle him to the 
 second assistant during such month and that the certificate was not 
 compensation for services actually rendered by such assistant during 
 the third month. State v. Mortimer, 82 Miss. 443, 34 So. 214. 
 
 CHAPTER 182. 
 LAWS 1916. 
 
 Sec. 7575 Hemingway's Code. 
 
 4498. County superintendent Penalty for failure to 
 report. 1. If a county superintendent fails to make his 
 annual report to the state superintendent by the fifteenth 
 day of September, he forfeits fifty dollars on his salary ; and 
 the board of supervisors, upon receiving from the state su- 
 perintendent of public education notice of such failure, must 
 deduct the amount forfeited from his salary. 
 
 CHAPTER 191. 
 HOUSE BILL No. 183. 
 
 AN ACT to require the county superintendent of education of each 
 county in the state of Mississippi to compile and report the exact 
 amount of money spent in his county for educational purposes 
 and to return the same to the auditor of the state of Mississippi. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That each county superintendent of 
 education shall at the end of each scholastic year make a 
 report to the department of education of all monies spent 
 
COUNTY SUPERINTENDENT 125 
 
 in his county, both separate school districts, and municipal- 
 ities, for educational purposes. 
 
 Sec. 2. That the purpose of this bill is to ascertain 
 the amount spent on each school child in the state of Mis- 
 sissippi. 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
 Approved April 8, 1922. 
 
 CODE 1906. 
 
 Sec. 7576 Hemingway's Code. 
 
 4499. County superintendent Office days. The 
 county superintendent shall be at the county seat on Satur- 
 days of each scholastic month of the term to receive month- 
 ly reports, issue pay certificates, and attend to other official 
 duties. If absent, without leave previously granted by the 
 board of supervisors, the board shall deduct from his salary 
 ten dollars for each day's absence unless prevented by illness 
 or other unavoidable cause. And when there are two ju- 
 dicial districts in his county, the superintendent shall alter- 
 nate, going to the courthouse of the districts alternately. 
 
 Officers, see 2820, 7570. 
 
 Sec. 7577 Hemingway's Code. 
 
 4500. County superintendent Reports. The county 
 superintendent shall make to the board of supervisors and 
 mayor and board of aldermen of a municipality constituting 
 a separate school district, reports for each scholastic month, 
 which shall show the amount of pay certificates issued for 
 that month, together with a statement showing the schools 
 visited, the date of visitation, and the time he spent in each 
 school during his visit ; and it shall be unlawful to allow the 
 salary of the superintendent until said report be on file. 
 
 CHAPTER 163. 
 HOUSE BILL No. 226 
 
 AN ACT to fix the salaries of the county superintendent of educa- 
 tion, county treasurer and boards of supervisors of the various 
 counties of the state. 
 
 Section 1. Be it enacted by the Legislature of the 
 
126 COUNTY SUPERINTENDENT 
 
 State of Mississippi, That the superintendent of education, 
 county treasurers and boards of supervisors shall receive 
 such compensation as is fixed by succeeding sections of this 
 act. 
 
 Sec. 3. The salary of the superintendent of education 
 is hereby fixed as full compensation for his services to be 
 paid out of the common school funds as follows : 
 
 Classes 1 $3,600.00 per annum 
 
 Classes 2 . $3,600.00 per annum 
 
 Classes 3 $3,000.00 per annum 
 
 Classes 4 .$2,750.00 per annum 
 
 Classes 5 $2,500.00 per annum 
 
 Classes 6 $2,250.00 per annum . 
 
 Classes 7 $2,100.00 per annum 
 
 Classes 8 , $2,000.00 per annum 
 
 The superintendents of education shall give their entire 
 time to their offices and the office shall be kept open during 
 business hours, except when inspecting schools or away on 
 official school business. 
 
 In counties of the first class the superintendent of edu- 
 cation shall be allowed an office assistant and the salary of 
 said assistant shall be not more than $1,200.00 per year, 
 payable monthly out of the common public school funds, on 
 order of the board of supervisors. 
 
 Other sections omitted. 
 
 Sec. 7579 Hemingway's Code. 
 
 4502. County superintendent Visiting schools. The 
 county superintendent shall visit all the schools in his coun- 
 ty at least once during the term. On the first visit he shall 
 remain at least two hours, and shall, in county schools, cor- 
 rect any deficiency which may exist in the classification of 
 pupils or the government of the school ; and in separate 
 school districts he shall call the attention of the trustees to 
 such deficiences for correction by them. He shall note 
 down the condition and value of the building and lot, and of 
 the furniture, the methods of . instruction, the branches 
 taught, and his estimate of the ability of the teacher to con- 
 duct a school. He shall give such directions and make such 
 recommendations as he deems expedient and needful to se- 
 
COUNTY SUPERINTENDENT 127 
 
 cure the best results in the instruction of the pupils, and 
 shall examine the classes to see that thorough work is done. 
 He shall urge patrons to provide their children with com- 
 fortable and well-furnished schoolhouses. For every school 
 not so visited, the board of supervisors must, on proof there- 
 of, deduct ten dollars from his salary. 
 
 Sec. 7580 Hemingway's Code. 
 
 4503. County superintendent To settle disputes in 
 schools. In all controversies arising under the school law, 
 the opinion and advice of the county superintendent shall 
 first be sought, from whose decision an appeal may be taken 
 to the state board of education upon a written statement of 
 the facts, certified by the county superintendent or by the 
 secretary of the trustees. 
 
 Code 1906. 
 
 Code 1906, 4487, 4503, do not exempt the school authorities, act- 
 ing- beyond the scope of their powers and in violation of law, from in- 
 terference by the courts, and equity has jurisdiction to enjoin the 
 trustees and the teacher of a school district from enforcing an invalid 
 rule. Hobbs v. Germany, 94 Miss. 469, 49 So. 515. 
 
 Sec. 7581 Hemingway's Code. 
 
 4504. County superintendent May suspend or re- 
 move a teacher or trustee Fill vacancies. For incom- 
 petency, neglect of duty, immoral conduct, or other disquali- 
 fication, the county superintendent may suspend or remove 
 any teacher or trustee from office, except in separate school 
 districts. And for the purpose of conducting inquiries and 
 trials, the superintendent has the same power as a justice of 
 the peace to issue subpoenas for witnesses, and to compel 
 their attendance and the giving of evidence by them. When 
 from such cause, or from death, resignation, or other cause, 
 a vacancy in either of the above-named offices occurs, it shall 
 be the duty of the county superintendent, within ten days 
 after the vacancy occurs, or as soon thereafter as practic- 
 able, to supply the same by appointment. 
 
 Code 1892. 
 
 A public school teacher, under the school laws, has a valid right, 
 for the protection of which he is entitled to a mandamus. Section 
 2533 does not deny such remedy. Brown v. Owen, 75 Miss. 319, 23 
 So. 35. 
 
128 COUNTY SUPERINTENDENT 
 
 Though the county superintendent, under this section, may in prop- 
 er cases suspend or remove a teacher, yet he can do so only for the 
 causes and in the mode herein prescribed. Brown v. Owen, 75 Miss. 
 319, 23' So. 35. 
 
 In a proceeding to suspend or remove a teacher by the county su- 
 perintendent, the proceeding must be upon specific written charges, 
 after due notice. Brown v. Owen, 75 Miss. 319, 23 So. 35. 
 
 Sec. 7582 Hemingway's Code. 
 
 4505. County superintendent May revoke teachers' 
 license. For intemperance, immoral conduct, brutal treat- 
 ment of a pupil, or other good cause, the county superin- 
 tendent may revoke the license of a teacher ; but the teacher 
 shall be allowed an appeal to the state board of education, to 
 whom statements, under oath, of the facts may be made by 
 the superintendent and other interested parties. The teach- 
 er must be notified of the charges ten days before the trial, 
 by the county superintendent. 
 
 Sec. 7583 Hemingway's Code. 
 
 4506. County superintendent Duty to successor. 
 The county superintendent, when he resigns, vacates, is re- 
 moved, or goes out of office, shall, within ten days there- 
 after, deliver to his successor, or to the clerk of the chancery 
 court for him, all money, property, books, effects or papers 
 remaining in his hands. 
 
 Sec. 7584 Hemingway's Code. 
 
 4507. County superintendent Record of names of 
 trustees Official notices. The county superintendent 
 shall attend at his office on the fourth Saturday in Septem- 
 ber of every year to receive the certificates of election of 
 trustees. He shall make a record of the names of trustees, 
 showing the districts in which they were elected, and the 
 post office of each. He shall at that time deliver to the 
 trustees of each district such blanks as they will need for 
 the coming year, and give them such information with re- 
 gard to their duties as may be required. He shall address 
 all official correspondence to the trustees ; and notice to 
 them shall be regarded as notice to the people of the district, 
 and it shall be the duty of the trustees to notify the people. 
 
 Sec. 7585 Hemingway's Code. 
 
 4508. County superintendents Not to speculate in 
 teachers' warrants. Any county superintendent, or other 
 
COUNTY SUPERINTENDENT 129 
 
 county officer, his agent or deputy, who shall purchase any 
 teacher's warrant or pay certificate at less than the amount 
 for which the same shall be drawn, or at a discount, or shall 
 cause another person so to purchase the same, or shall in any 
 way, directly or indirectly, realize a profit from any trans- 
 action in teachers' warrants or pay certificates, or any trade 
 or speculation therein, or loan or advance thereon, shall be 
 guilty of a misdemeanor, and, upon conviction, shall be fined 
 not less than one hundred dollars nor more than five hun- 
 dred dollars, to be deducted from any money due him as sal- 
 ary, or recoverable on his bond; and one-half of said fine 
 Shall be paid to the person- giving information of the mis- 
 demeanor, and the guilty superintendent shall be removed 
 from office. 
 
 Crimes and Misdemeanors, see 1048. 
 County Treasurers, see 4160. 
 
 Sec. 7328 Hemingway's Code. 
 
 County superintendent to secure placards. 2. It shall 
 be the duty of the county superintendent of education in 
 each county to secure from the state board of education such 
 placards and have them placed on the walls of the public 
 school-rooms in the various counties. (See Chap. 123, Laws 
 1910, Sec. 2.) 
 
 Sec. 7586 Hemingway's Code. 
 
 4509. Deputies When appointed Compensation. 
 The county superintendent of education may, when prevent- 
 ed by sickness from attending to the duties of the office, ap- 
 point a deputy who shall be authorized to discharge all du- 
 ties pertaining thereto. The qualifications of the deputy 
 shall be the same as the qualifications of a first grade 
 teacher. The deputy superintendent shall be paid not less 
 than seventy-five per centum of the salary the county su- 
 perintendent shall receive for an equal period of time and 
 shall be paid out of the salary of the superintendent of edu- 
 cation. 
 
130 COUNTY SUPERINTENDENT 
 
 CHAPTER 171. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That chapter 188, of the acts of 1914 
 be amended so as to read as follows : 
 
 Boards of supervisors of this state may offer as prizes 
 to corn clubs of the public schools, of the county an amount 
 of money not exceeding fifty dollars, ($50.00) in any one 
 year in any county. The sum may be divided into three 
 prizes of twenty five dollars for the first prize, fifteen dol- 
 lars for the second prize, and ten dollars for the third prize, 
 or in that porportion. 
 
 Sec. 2. That county superintendents of education, with 
 the approval of the county boards of examiners, may appro- 
 priate an amount of money not exceeding seventy five 
 ($75.00) dollars, in any one year, in any county from the 
 county school fund, in addition to that provided under sec- 
 tion 1 of this act, to be offered as prizes to the corn clubs, 
 pig clubs, baby beef clubs or other agricultural clubs that 
 may hereafter be organized to the public schools of the 
 county. 
 
 That said sum to be divided into prizes in such propor- 
 tion for the corn clubs, pig clubs, baby beef clubs or other 
 agricultural clubs that may hereafter be organized, as the 
 county superintendent, with the approval of the county 
 board of examiners, may see fit. 
 
 (Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
 Chap. 184, Laws 1916. Sec. 7337 Hemingway's Code. 
 
 4517. Teachers' register and outline map. It shall be 
 the duty of the county superintendent to prepare, on town- 
 ship blanks, an outline map, showing the numbers of the 
 sections and parts of sections embraced in each school 
 district outside of the separte school district, and to paste 
 the same in the school register for the district before deliv- 
 ering it to the teacher thereof. It shall be unlawful to is- 
 sue a pay-certificate to the teacher of any district not es- 
 tablished and recorded in accordance with the provisions of 
 the law. 
 
COUNTY SUPERINTENDENT 131 
 
 STATE SUPERINTENDENT. 
 
 CODE 1906. 
 
 Sec. 7593 Hemingway's Code. 
 
 4817. Official bond. The superintendent of public 
 education shall keep his office in the capitol, and shall give 
 bond in the penalty of five thousand dollars, with two or 
 more sufficient sureties, to be approved by the governor, 
 conditioned according to law ; and said bond, when approv- 
 ed, shall be filed and recorded in the office of the secretary 
 of state. 
 
 Sec. 7594 Hemingway's Code. 
 
 4818. Official bond Seal of office. He shall provide 
 arid keep a seal having around the margin the words, "State 
 Superintendent of Public Education of Mississippi," with 
 such device in the center as he may select; and all of his 
 official acts shall be authenticated thereby. 
 
 Sec. 7595 Hemingway's Code. 
 
 4819. General supervision of schools To preside 
 To visit schools. The superintendent of public education 
 shall have general supervision of the public free schools, and 
 may prescribe such rules and regulations for the efficient 
 organization and conducting of the same as he may deem 
 necessary. He shall preside over all meetings of the board 
 of education, and shall solicit reports from all the public and 
 private educational institutions of the state. 
 
 Sec, 7596 Hemingway's Code. 
 
 4820. To preserve books. He shall have bound and 
 preserve in his office, as the property of the state, all such 
 school documents from other states and governments, books 
 or pamphlets on educational subjects, school-books, appa- 
 ratus, maps, charts, and the like as shall be or have been 
 purchased or donated for the use of his office. 
 
 Sec. 7597 Hemingway's Code. 
 
 4821. To apportion the state school fund. The super- 
 intendent of public education shall apportion the state com- 
 mon-school fund to the several counties and separate school 
 districts. The apportionment shall be made semiannually 
 and shall be based upon the number of educable children 
 enumerated, as provided by law, in the counties and sepa- 
 rate school districts respectively. He shall furnish the 
 
132 COUNTY SUPERINTENDENT 
 
 auditor with a certified copy of the apportionment, and he 
 shall also give .a copy thereof to the state treasurer, the su- 
 perintendent of public education of each county, each coun- 
 ty treasurer, and treasurer of each separate school district. 
 
 Sec. 7598 Hemingway's Code. 
 
 4822. Not to be interested in school books. The su- 
 perintendent of public education shall not act as agent for 
 any author, publisher, or bookseller, nor directly or indirect- 
 ly receive any gift, emolument, or reward for his influence 
 in recommending or procuring the use of any books, school 
 apparatus, or furniture, of any kind whatever in any of the 
 public schools of the state ; and should the superintendent of 
 public education violate this section, he shall be removed 
 from office, and forfeit all moneys due him from the state. 
 
 Sec. 7599 Hemingway's Code. 
 
 4823. Reports to be made to the legislature. On or 
 before the tenth day of January in each year in which/ the 
 legislature meets in regular or special, not extraordinary, 
 session, the superintendent of public education shall prepare 
 and have printed a biennial report, showing 
 
 (a) The receipts and disbursements of the common- 
 school fund ; 
 
 (b) The number of school districts, schools, teachers 
 employed, and pupils taught therein, and the attendance of 
 pupils, and studies pursued by them ; 
 
 (c) The financial condition of the schools, their re- 
 ceipts and expenditures, value of schoolhouses and property, 
 cost of tuition, and salaries of teachers ; 
 
 (d) The condition, educational and financial, of the 
 normal :and higher institutions connected with the school 
 system of the state, and, as far as it can be ascertained, of 
 the private schools, academies, and colleges ; and 
 
 (e) Such general matters, information, and recom- 
 mendations relating to the educational interests as he may 
 deem important. 
 
 CODE 1906. 
 
 Sec. 7601 Hemingway's Code. 
 
 4825. A trustee of university and colleges. The state 
 superintendent of education shall be and is hereby made a 
 
COUNTY SUPERINTENDENT 133 
 
 trustee, ex officio, of the state university, the agricultural 
 and mechanical college, the industrial institute and college, 
 and Alcorn A. and M. college. And he shall have the same 
 powers and perform the same duties as other trustees of 
 said institutions of learning. 
 
 Sec. 7602 Hemingway's Code. 
 
 4492. State superintendent To require reports from 
 county superintendents. The superintendent of public edu- 
 cation shall require annually, and as often besides as he may 
 deem proper, of the county superintendents detailed reports 
 of the educational business of his county, and shall give him 
 all necessary instructions. 
 
 Sec. 7603 Hemingway's Cede. 
 
 4493. State superintendent To prepare, have print- 
 ed and furnish the laws, blanks and books to school officers. 
 
 -The superintendent of public education shall prepare, 
 have printed, and furnish all officers charged with the ad- 
 ministration of the laws pertaining to the public schools, 
 such blank forms and books as may be necessary to the 
 proper discharge of their duties, and the questions for the 
 examination of teachers. He shall have the laws pertain- 
 ing to the public schools printed in pamphlet form, and pub- 
 lish therein forms for conducting school business, the rules 
 and regulations for the government of schools that he or the 
 board of education may recommend and such other matters 
 as may be deemed worthy and of public interest pertaining 
 to the subject. 
 
 Sec. 7604 Hemingway's Code. 
 
 4494. State superintendent -Conference with county 
 superintendents. The state superintendent may meet the 
 county superintendents of each judicial district or of two or 
 more districts combined, at such time and place as he shall 
 appoint, giving them due notice of such meeting. The ob- 
 jects of such meetings shall be to accumulate facts relative 
 to schools, to compare views, to discuss principles, to hear 
 discussions and suggestions relative to the examinations 
 and qualifications of teachers, methods of instruction, text- 
 books, institutes, visitation of schools, and other matters 
 embraced in the public school system. 
 
 Sec. 7329 Hemingway's Code. 
 
 4495. State superintendent Official opinions. The 
 state superintendent shall, at the request of any county su- 
 
134 COUNTY SUPERINTENDENT 
 
 peri nten dent, give his opinion, upon a written statement of 
 the facts, on all questions and controversies arising out of 
 the interpretation and construction of the school laws in 
 regard to the rights, powers and duties of school officers and 
 county superintendents, and shall keep a record of all such 
 decisions. Before giving any opinion, the superintendent 
 may submit the statement of facts to the attorney general 
 for his advice thereon, and it shall be the duty of the at- 
 torney general forthwith to examine such statement, and 
 suggest the proper decision to be made upon such facts. 
 
 Sec. 7605 Hemingway's Code. 
 
 4496. State superintendent To advise county super- 
 intendents. The state superintendent shall advise county 
 superintendents upon all matters involving the welfare of 
 the schools. 
 
 Superintendent of Education (County), see 7566-7573. 
 
TEACHERS' INSTITUTE 135 
 
 TEACHERS' INSTITUTE. 
 
 CHAPTER 190. 
 LAWS 1916. 
 
 Sec. 7775 Hemingway's Code. 
 
 4587. Teachers' institutes. A teachers' institute for 
 each race, separate, shall be held each year in the several 
 counties of the state, or in such groups of counties as the 
 state board of education, with the consent of the county 
 superintendents, may designate; said institutes shall con- 
 tinue in session not less than five days. 
 
 Chap. 190, Laws 1916. Sec. 7776 Hemingway's Code. 
 
 4588. Institute conductors. All teachers' institutes 
 shall be under the direction of the state board of education, 
 which is hereby authorized, with the approval of the coun- 
 ty superintendent, to appoint persons of recognized ability 
 to conduct and teach said institutes. 
 
 Chap. 190, Laws 1916. Sec. 7777 Hemingway's Code. 
 
 4589. Board of education to prescribe Payment of 
 expenses Reports of. The state board of education shall 
 prepare outlines for the work and shall prescribe regula- 
 tions for the management of the institutes; shall fix the 
 amount to be paid the conductors and instructors and the 
 incidental expenses thereof, and shall require such reports 
 of the conductors as may be deemed necessary. 
 
 Chap. 190, Laws 1916. Sec. 7778 Hemingway's Code. 
 
 4590. How expenses paid. To defray the cost of in- 
 stitutes, the county superintendent shall, before examining 
 applicants to teach, collect a fee of fifty (50) cents for each 
 and fifty (50) cents additional for each additional year of 
 which license may be issued and fifty (50) cents a year from 
 each exempt teacher teaching in the county. 
 
 Code 1906. 
 
 The institute fee of fifty cents should not be collected by the su- 
 perintendent on special examinations where he received the fee of 
 $2.50, for such special examinations are authorized only in emergency 
 cases, and the certificate is good only until the next regular examina- 
 tion. State v. Green, 111 Miss. 32, 71 So. 171. 
 
136 TEACHERS' INSTITUTE 
 
 Chap. 190, Laws 1916. Sec. 7779 Hemingway's Code. 
 
 4591. How expenses paid Where deposited and hmu 
 paid out. The institute fund shall be deposited as collected, 
 with the country treasurer on receipt warrant of the clerk 
 of the board of supervisors, and a separate account thereof 
 shall be kept ; and it shall be paid only for the purpose men- 
 tioned in this act, upon the requisition of the county superin- 
 tendent, on warrants issued by the clerk of the board of 
 supervisors. 
 
 Chap. 190, Laws 1916. Sec. 7780 Hemingway's Code. 
 
 4592. When fund insufficient. If the amount of the 
 institute fund be insufficient to defray the cost of holding 
 institutes, the state superintendent of education may au- 
 thorize the county superintendent to issue a pay certificate 
 on the common-school fund of the county to make up the 
 deficit not to exceed fifty-five dollars for one scholastic 
 year. 
 
 Sec. 7781 Hemingway's Code. 
 
 4593. Surplus funds How used. In counties having 
 a surplus of institute fund, the county superintendent and 
 examiners may expend annually twenty per centum of such 
 fund in the purchase of works on teaching, which the super- 
 intendent shall keep in his charge for the use of teachers. 
 
TEACHERS' LICENSE 137 
 
 TEACHERS' LICENSE. 
 
 CHAPTER 133. 
 LAWS 1908. 
 
 Sec. 7787 Hemingway's Code. 
 
 How teacher in one county may transfer license to an- 
 other. 1. Any teacher in any county holding a license, wish- 
 ing to transfer to another county, may direct the superin- 
 tendent of his county to forward such license, and such oth- 
 er proof of his qualifications, and of the burning of his ex- 
 amination papers, as the state board of examiners may re- 
 quire, and as may be reasonable; and if, on such proof , the 
 state board should be of opinion that such teacher was prop- 
 erly graded by the county board, the license may be trans- 
 ferred to any county the appointee may designate. 
 
 CHAPTER 252. - 
 LAWS 1912. 
 
 Sec. 7788 Hemingway's Code. 
 
 State teacher's license to be issued, in certain cases 
 where examination papers lost or destroyed. 2. Any teach- 
 er of this state heretofore exempt from examination may 
 forward his license to the state board of examiners, with 
 such proof as said state board may require, and which is 
 reasonable, that his examination papers were destroyed in 
 the burning of the courthouse of his county, or otherwise 
 destroyed, and that such teacher is entitled to a state license, 
 and upon payment of one dollar and fifty cents ($1.50) to 
 said board of examiners, such board may issue to such teach- 
 er a state license in lieu of the license granted by such coun- 
 ty. 
 
 CHAPTER 163. 
 LAWS 1912. 
 
 Sec. 7789 Hemingway's Code. 
 
 Graduates of Industrial Institute and College entitled 
 to professional teacher's license. 1. A diploma held by eith- 
 er a collegiate or a normal graduate of the Mississippi In- 
 dustrial Institute and College shall be so recognized as to 
 warrant the granting of a teacher's professional license to 
 said graduate by the state board of examiners. Provided, 
 
138 TEACHERS' LICENSE 
 
 that this act applies only to those graduates of the college 
 department who have taken not less than nine hours of 
 college work in teachers' professional courses, and who ob- 
 ligate themselves to teach three years in the public schools 
 of the state. The provisions for nine hours professional 
 work shall not be enforced until after the session of 1911 
 and 1912. Provided, further that the graduates of the nor- 
 mal department shall not have the benefits of this act unless 
 they obligate themselves to teach three years in the public 
 schools of the state, two years of which shall be in the rural 
 schools. And, after the sessions of 1911 and 1912, those 
 who enter the normal department of said college shall give, 
 upon entrance into said department, a written pledge to 
 teach three years in the public schools of the state, two of 
 which shall be in the rural schools of the state. 
 
 CHAPTER 181. 
 LAWS 1916. 
 
 Sec. 7790 Hemingway's Code. 
 
 Professional teacher's license granted to graduates of 
 university and colleges. 1. That the state board of exam- 
 iners is hereby authorized to grant teachers' professional 
 licenses without further examination to graduates of the 
 University of Mississippi, the agricultural and mechanical 
 college, the collegiate and normal departments of the in- 
 dustrial institute and college, and of such other institutions 
 of higher learning in this state as may maintain a standard 
 four-year college course, approved by the state board of 
 examiners; provided, that licenses shall be issued only to 
 such graduates of the different institutions as have success- 
 fully passed nine hours of college work in education desig- 
 nated and approved by the state board of examiners. 
 
 Chap. 181, Laws 1916. Sec. 7791 Hemingway's Code. 
 
 License and diplomas of other states recognized 
 When. 2. That the state boa.rd of examiners is hereby au- 
 thorized to grant first grade licenses to teach in the public 
 schools of this state to any person holding a certificate, li- 
 cense or diploma, authorizing said person to teach in the 
 public schools of any other state ; provided, that the certifi- 
 cate, license or diploma shall have been originally issued, 
 and in consideration of qualifications at least equal to those 
 required for a certificate of the same grade in this state; 
 
TEACHERS' LICENSE 139 
 
 provided, further, that the certificate, license, or diploma 
 shall be valid in this state for the period for which it shall 
 have been issued in the state where it was originally grant- 
 ed, unless in the discretion of the state board of examiners 
 a shorter period shall be specified. The state board of 
 examiners, on the approval of the state board of education, 
 shall make provisons and regulations for carrying out the 
 purpose of this section. 
 
 Chap. 181, Laws 1916. Sec. 7792 Hemingway's Code. 
 
 First and second grade license may be renewed Con- 
 ditions. 3. That the state board of examiners is hereby au- 
 thorized to extend or renew consecutively from year to 
 year, for a period of one year at a time and for a total of 
 not more than four consecutive years, any first grade li- 
 cense or any second grade license ; provided, that the holder 
 of any such certificate shall have attended some institution 
 of higher learning or summer school for at least six weeks, 
 and shall have pursued a course of professional study de- 
 signed and approved by the state board of examiners during 
 the year next preceding the one for which extension of li- 
 cense for one year is sought to be granted. 
 
 Chap. 181, Laws 1916. Sec. 7793 Hemingway's Code. 
 
 Fee to be paid by applicants. 4. An applicant for a li- 
 cense or for the extension of any license under the provi- 
 sions of this act shall pay the same fee as is now required for 
 the transfer of licenses from one county to another through 
 the state board of examiners; provided, that the fees for 
 professional licenses and those based on licenses or diplomas 
 from other states shall be the same as are provided in sec- 
 tion 4554 of the Code of 1906 for such licenses. 
 
 CODE 1906. 
 
 Sec. 7795 Hemingway's Code. 
 
 4537. Examinations of teachers Vacancies in board 
 How filled. Should a vacancy occur in the office of ex- 
 aminer, the same shall be filled by appointment by the coun- 
 ty superintendent of education. 
 
 Sec. 7796 Hemingway's Code. 
 
 4538. Examination of teachers When examinations 
 held. On Friday and Saturday of the first four weeks of 
 September, and of the first four weeks of April, the exam- 
 
140 TEACHERS' LICENSE 
 
 ing board shall hold, under regulations prescribed by the 
 board of education, a written examination of applicants to 
 teach. The examinations shall be held at the county site, 
 and in the public-school building or in the courtroom when- 
 ever practicable. In counties having two court districts 
 the examination shall be held alternately at the places of 
 holding count, if the convenience of the teachers requires it. 
 The superintendent shall exclude from the rooms all per- 
 sons who are not examiners or applicants for license. There 
 shall be separate examinations for the two races. 
 
 CHAPTER 187. 
 LAWS 1916. 
 
 Sec. 7797 Hemingway's Code. 
 
 4539. Examinations of teachers How conducted. 
 The examinations shall be held upon questions prepared by 
 the state superintendent of education and sent, sealed, to 
 the county superintendent to be opened by him in the pres- 
 ence of the teachers after they had assembled in the exam- 
 ination room and after the seals have been inspected by the 
 examiner. The questions on one subject at a time shall be 
 written upon a blackboard and the answers thereto shall be 
 written in ink in the presence of the examiners and deliver- 
 ed to the superintendent before the questions on the next 
 subject are given out. Each applicant shall occupy a sep- 
 arate table or desk which shall be so arranged that the appli- 
 cants can not read each other's papers. It shall be the duty 
 of the county superintendent to provide the accommoda- 
 tions necessary to carry out these provisions, and he shall 
 not receive more applicants at one time than he can provide 
 accommodations for. 
 
 No applicant shall stand the examination in any coun- 
 ty for the purpose of having the license transferred to the 
 resident county of the applicant, unless authorized by the 
 state board of examiners. 
 
 Code 1906. 
 
 Under Code 1906, 4539, 4546, a conviction for offering to sell 
 examination questions could not be sustained, where the proof did 
 not show that the questions offered for sale were prepared by the 
 state superintendent of education and sealed and sent to the county 
 
TEACHERS' LICENSE 141 
 
 suprintendent of education as provided. Bryant v. State, 92 Miss. 
 822, 46 So. 247. 
 
 Chap. 187, Laws 1916. Sec. 7798 Hemingway's Code. 
 
 4540. Examination o/ teachers Curriculum. The 
 curriculum of the free public schools shall consist of spell- 
 ing, reading, arithmetic, geography, English grammar, 
 composition, literature, U. S. history, history of Mississippi, 
 elements of agriculture, civil government with special ref- 
 erence to local and state government, physiology and hy- 
 giene, with special reference to the effect of alcohol and nar- 
 cotics on the human system and home and community sani- 
 tation, general science and elementary algebra. 
 
 Provided, that literature, general science and element- 
 ary algebra shall only apply to those schools that require 
 three or more teachers. Except with the consent and ad- 
 vice of the county superintendent of education. 
 
 See 7801, 7802. 
 
 CODE 1906. 
 
 Sec. 7799 Hemingway's Code. 
 
 4541. Examniations of teachers All teachers must 
 be licensed. It shall be unlawful for a county superintend- 
 ent or the trustees of a separate school district, to contract 
 with a teacher who does not hold a license valid for the 
 scholastic year in which the school is to be taught, and of a 
 grade sufficiently high to meet the requirements of the 
 school. 
 
 Sec. 7800 Hemingway's Code. 
 
 4542. Examination of teachers Good character. 
 Before a license to teach shall be granted, the applicant must 
 furnish the superintendent satisfactory evidence of good 
 moral character, and of ability to govern a school. 
 
 CHAPTER 188. 
 LAWS 1916. 
 
 Sec. 7801 Hemingway's Code. 
 
 4543. Examination of teachers What examined on 
 First and second grades. To obtain a first grade license, 
 the applicant must be examined on spelling, reading, prac- 
 tical and mental arithmetic, composition, United States 
 
142 TEACHERS' LICENSE 
 
 history, history of Mississippi, elements of agriculture, civil 
 government, elements of physiology and hygiene, with spe- 
 cial reference to the effects of alcohol and narcotics on the 
 human system, theory and practice of teaching, elementary 
 algebra, advanced English ; provided, that theory and prac- 
 tice of teaching and elementary algebra be added in Septem- 
 ber, 1917, and advanced English, general science and mod- 
 ern history in September, 1918, and such other subjects as 
 the state board of education may prescribe ; and to obtain 
 a second grade license the applicant must be examined on 
 spelling, reading, mental arithmetic, practical arithmetic, 
 elementary geography and compositon, United States his- 
 tory, physiology, with special reference to the effects of al- 
 cohol and narcotics on the human system, and health and 
 sanitation in homes and communities, history of Mississippi 
 and civil government, elementary agriculture. The state 
 board of examiners, on the approval of the state superin- 
 tendent of education, is hereby authorized to provide ex- 
 aminations and make regulations for licensing teachers of 
 music, manual training, domestic science, and of such other 
 special subjects as may be deemed necessary. 
 
 Provided, that the provisions of this act shall not apply 
 in the case of teachers who are exempt from examinations 
 under laws now in force. 
 
 See 7798. 
 
 Sec. 7802 Hemingway's Code. 
 
 4544. Examination of teachers Third grade. To ob- 
 tain a third-grade license the applicant must be examined 
 on the subjects required for second grade, and must make 
 thereon an average of not less than sixty per centum, with 
 not less than forty per centum on any subject. 
 
 See 7798. 
 
 Sec. 7803 Hemingway's Code. 
 
 4545. Examination of teachers Grading and mark- 
 ing papers. Immediately after each examination the ex- 
 aminers shall carefully grade the papers and mark thereon 
 their estimate of the value of each answer ; and the papers 
 shall be filed in the office of the superintendent, and be 
 subject to the inspection of the applicant or his authorized 
 agent. 
 
TEACHERS' LICENSE 143 
 
 Sec. 7804 Hemingway's Code. 
 
 4546. Examination of teachers Penalty for receiv- 
 ing assistance. If an applicant in any way receives assist- 
 ance, he shall be denied a license and not permitted to teach 
 or stand another examination in the county for a period of 
 two years. Any person who sells or offers to sell, or give 
 away, or offers to give away the examination questions, or 
 answers to the same prepared by the proper authorities for 
 the examination of teachers of the public schools, before 
 the date for the examination, at which time such questions 
 are to be used, shall be guilty of a misdemeanor, and on 
 conviction shall be fined not more than one hundred dol- 
 lars nor less than ten dollars or imprisoned in the county 
 jail not exceeding sixty days, or both, at the discretion of 
 the court. 
 
 Sec. 7805 Hemingway's Code. 
 
 4547. Examination of teachers How long licenses 
 good License shall be granted to applicants who make a 
 general average of seventy-five per centum with not less 
 than fifty per centum on any one subject, and shall not be 
 valid unless filled out according to the form prescribed by 
 the state superintendent. Licenses of second and third grade 
 shall be valid for one year. Licenses for the first grade, 
 with a general average of eighty-five per centum, shall be 
 valid for two years ; and licenses for the first grade, with 
 a general average of ninety per centum, shall be valid for 
 three years ; and the second three-years license obtained aft- 
 er the expiration of the first shall be renewable in the coun- 
 ty where issued as long as the holder continues to teach ; but 
 any teacher who has taught under a first grade license for 
 five years consecutively, shall be exempt from further ex- 
 amination. 
 
 Code 1892. 
 
 This section is prospective, and applies only to persons teaching 
 five years under a first-grade license, issued after examination under 
 the curriculum prescribed by Code 1892. Doss v. Wiley, 72 Miss. 
 179, 16 So. 902. 
 
 Sec. 7806 Hemingway's Code. 
 
 4548. Examination of teachers. Age of teacher. A 
 license to teach shall not be granted to an applicant under 
 seventeen years of age ; nor shall a license for more than 
 
144 TEACHERS' LICENSE 
 
 one year be issued to an applicant who has had less than six 
 months' experience in teaching. 
 
 Sec. 7807 Hemingway's Code. 
 
 4549. Examination of teachers Special examina- 
 tions. In counties where the number of licensed teachers is 
 insufficient to supply the schools, the board of education 
 may grant a special examination but the examination fee in 
 such cases shall be two dollars and the licenses issued shall 
 be valid only until the next regular examination. Special 
 examinations shall be granted teachers who are under con- 
 tract to teach in a public school in the county, if at the time 
 of the general examination they were unable to attend or 
 were teaching or attending school more than fifty miles 
 away. The superintendent may require each teacher so 
 examined to pay him a fee of two dollars and fifty cents. 
 
 Sec. 7808 Hemingway's Code. 
 
 4550. Indorsement of licenses. A teacher holding a 
 license in one county and wishing a transfer to another 
 county may direct the superintendent of education of the 
 county where the examination was held to forward his pa- 
 pers and license issued thereon to the state board of ex- 
 aminers, and if the grading of the county board is sustained 
 by the state board of examiners, the license may be trans- 
 ferred to any county which the applicant may designate. 
 Applicants for transfer license shall pay a fee of one dollar 
 and fifty cents to the state board of examiners for grading 
 their papers. 
 
 CHAPTER 185. 
 LAWS 1914. 
 
 Sec. 7809 Hemingway's Code. 
 
 Agricultural high schools Teachers Examinations 
 of. 1. All teachers in agricultural high schools shall pass 
 an examination in the free-school studies and in addition 
 thereto an examination on the subjects they are required to 
 teach in said schools. Such examinations shall be held at 
 the same time and places and under the same regulations as 
 required of other applicants to teach in public schools. 
 
TEACHERS' LICENSE 145 
 
 CODE 1906. 
 
 Sec. 7810 Hemingway's Code. 
 
 4551. State board of examiners. There shall be a 
 state board of examiners which shall consist of three mem- 
 bers, who shall be first grade teachers of scholarly attain- 
 ments, and of successful experience, to be appointed by the 
 state superintendent of education. 
 
 Sec. 7811 Hemingway's Code. 
 
 4552. State board of examiners Duties. It shall be 
 the duty of the state board of examiners to aid the state 
 superintendent of education in preparing all examination 
 questions for the teachers of the state, to grade papers of 
 applicants for professional and state licenses, to hear and 
 decide all appeals from teachers or county superintendents 
 regarding examinations; to examine all applicants or can- 
 didates for the office of county superintendent under regu- 
 lations passed by the state board of education. 
 
 Sec. 7812 Hemingway's Code. 
 
 4553. Licenses How secured. Any teacher wishing 
 to secure a professional license shall pass a satisfactory ex- 
 amination in the presence of the county superintendent, or 
 other authorized agent of the state board of examiners, on 
 the following subjects: Algebra, geometry, rhetoric, Eng- 
 lish literature, the science of teaching, civil government, 
 Caesar and Virgil, and on such other subjects as the state 
 board of examiners may add. Any teacher may secure a 
 state license by passing a satisfactory examination in the 
 presence of the county superintendent, or other authorized 
 agent of the state board of examiners, in spelling, reading, 
 practical and mental arithmetic, geography, English gram- 
 mar and composition. United Spates history, Mississippi 
 history, elements of agriculture, civil government, elements 
 of physiology and hygiene, with special reference to the ef- 
 fects of alcohol and narcotics on the human system ; provid- 
 ed applicants for state licenses shall have their papers for- 
 warded to the state board of examiners by county superin- 
 tendent and graded by state board of examiners. The state 
 board of examiners may grant licenses of a grade lower 
 than that for which the applicant applies ; provided that the 
 percentage reaches that fixed by law. On all licenses 
 granted the board shall indicate on the face of the license 
 the percentage made by the applicant on each subject. A 
 
146 TEACHERS' LICENSE 
 
 state license shall be valid for one, two or three years, ac- 
 cording to the value of applicant's papers ; but any applicant 
 receiving the second three-years state license from the 
 state board of examiners shall be exempt from further ex- 
 aminations, and a state license from said board of examin- 
 ers shall be valid in every county of the state, but the state 
 board of examiners may revoke licenses for cause and 
 where teachers discontinue to teach. All teachers hereto- 
 fore exempt from examination in the counties in which they 
 reside may forward their papers to the state board of ex- 
 aminers upon the payment of one dollar and fifty cents to 
 said board of examiners, and the board of examiners may 
 issue to said teachers state licenses in lieu of licenses grant- 
 ed by county superintendents. 
 
 State Board of Examiners. 
 
 Sec. 7813 Hemingway's Code. 
 
 4554. Compensation and term of office. The state 
 board of examiners shall receive as compensations for their 
 services five dollars from each applicant for professional 
 license; five dollars from each applicant or candidate for 
 county superintendent of education in the several counties 
 of the state, and fifty cents for each applicant for state li- 
 cense, which sum shall be paid by the county superintend- 
 ent of education to the state board of examiners, as teach- 
 ers are paid, and as is now paid to county examiners. The 
 state board of examiners shall serve for four years each, 
 unless removed by the state superintendent for cause. 
 
 CHAPTER 201. 
 LAWS 1908. 
 
 Sec. 7814 Hemingway's Code. 
 
 4555. Professional licenses. The board of education 
 shall have power to issue professional licenses to teachers 
 of recognized ability, moral character and scholarly attain- 
 ments, who shall pass a satisfactory written examination, 
 held as prescribed by the board, on algebra, geometry, phy- 
 sics, rhetoric, English literature, the elements of botany and 
 chemistry, the science of teaching, civil government and 
 Latin, through Caesar and Virgil. The manuscripts of 
 examination shall be kept on file in the office of the state 
 
TEACHERS' LICENSE 147 
 
 superintendent, and the licenses shall be valid for life in 
 any part of the state 
 
 CHAPTER 226. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the state board of examiners shall 
 have authority to grant, under rules and regulations, to be 
 formulated by the said state board of examiners, a state 
 teachers license to graduates of those institutions of higher 
 learning as maintain a full four year college course under 
 rules and regulations to be formulated by the said state 
 board of examiners, provided that license shall be issued 
 only to such graduates as have taken nine session hours of 
 college work in education deignated by the state board of 
 examiners. This license shall be valid for a period of three 
 years, and on expiration shall be renewable by an attend- 
 ance on an approved summer school, and when so renewed 
 shall become valid for life. Provided further, that the 
 state board of examiners shall also have authority to grant 
 under rules and regulations to be formulated by the said 
 state board of examiners, a state license to students who 
 have finished the sophomore year in any college in the state 
 requiring 14 Carnegie units for entrance to the freshman 
 class. Such students having completed six session hours 
 in education, as provided for by the state board of examin- 
 ers. This license shall be valid for two years and on ex- 
 piration shall be renewed as other licenses are renewed. 
 
 Provided further, that the state board of examiners is 
 authorized to grant, without examination, a first grade 
 teacher's license to graduates of agricultural high schools, 
 in this state, provided such graduates have included in their 
 course of studies two units of work of matter relative to 
 organization and methods of teaching in the elementary 
 school, and provided students receiving such license shall 
 not be empolyed for the following scholastic year in the 
 school from which they graduated. This license shall be 
 valid for one year, subject to renewal as other first grade 
 licenses are renewed, and such license, so conferred, shall 
 
148 TEACHERS' LICENSE 
 
 be conditioned on satisfactory work in an approved sum- 
 mer school, immediately following high school graduation. 
 
 Sec. 2. That this act shall take effect and be in force 
 from and after its passage 
 
 HOUSE BILL NO. 48. 
 
 AN ACT to enable persons who took part in the World War to have 
 their teacher's license renewed. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That any person who held a first grade 
 teacher's license which expired during the calendar year 
 of their enlistment into the military service of the United 
 States during the World War or into the Red Cross, Y. M. 
 C. A., or any auxiliary branch of the military service or at 
 any time while in the service, is hereby authorized to have 
 his or her license renewed under the rules and regulations 
 of the State board of examiners on the same status as when 
 they entered the service, provided said license or licenses 
 are renewed within a period of twelve months after the 
 passage of this act. 
 
 Section 2. That all laws and parts of laws in conflict 
 with this act be and the same are hereby repealed. 
 
 Section 3. That this act become effective from and 
 after its passage. 
 
 Approved February 2, 1922. 
 
TEXT-BOOKS 149 
 
 TEXT-BOOKS. 
 
 CHAPTER 179. 
 LAWS 1916. 
 
 Sec. 7820 Hemingway's Code. 
 
 All school text-books to be filed with state superinten- 
 dent whether included in uniform adoption or not. 1. All 
 publishers of school text-books, or persons desiring to offer 
 school text-books, other than those provided for under the 
 uniform text-book law now in force in this state, for the use 
 of pupils in the public schools of Mississippi, as hereinafter 
 provided, before such books may legally be adopted and 
 purchased by any public-school authorities, shall file in the 
 office of the state superintendent of education a copy of 
 each book proposed to be so offered, together with the pub- 
 lished list price as shown by the publisher's catalogue. No 
 revised or different edition of any such book shall be used 
 in the public schools of Mississippi unless a copy of such 
 edition has been filed in the office of the state superinten- 
 dent of education, together with the publisher's list price 
 thereof. The state superintendent of education shall care- 
 fully preserve in his office all such sample copies of books 
 filed and the prices thereof. 
 
 Chap. 179, Laws 1916. Sec. 7821 Hemingway's Code. 
 
 Sworn statement also to be filed showing lowest whole- 
 sale price on same. 2. That each publisher of any such 
 books filed shall also file in the office of the state superin- 
 tendent of education a sworn statement giving the lowest 
 net wholesale price at which each book is sold anywhere in 
 the United States ; the said sworn statement shall also give 
 the list price and the lowest exchange price given anywhere 
 in the United States when old books on the same subject 
 and of like kind and grade, but of different series, are re- 
 ceived in exchange. 
 
 Chap. 179, Laws 1916. Sec. 7822 Hemingway's Code. 
 
 Publisher to give security bond Conditions of same. 
 3. That each publisher shall file with the state superin- 
 tendent of education a bond payable to the State of Missis- 
 sippi with some surety company authorized to do business 
 in the State of Mississippi as surety thereon, in a sum to 
 be determined by the state superintendent of education, 
 
150 TEXT-BOOKS 
 
 said sum being not less than two -thousand dollars ($2,000.- 
 00) nor more than ten thousand dollars ($10,000.00), ac- 
 cording to the number of books filed, and the bond to be 
 conditioned as follows: 
 
 Eirst. That the publisher will furnish any of the books 
 listed in said statement, and in any other statement subse- 
 quently filed by him within five years to any county school 
 board, any board of trustees of separate school district, or 
 agricultural high schools, in the State of Mississippi, at the 
 lowest net wholesale prices contained in said statement, 
 which price must not exceed seventy-five (75) per cent, of 
 the publisher's list price thereof, and that he will maintain 
 said prices uniformly throughout the State of Mississippi 
 on all books filed under the provisions of this act. 
 
 Second. That the publisher will reduce such price 
 automatically to the State of Mississippi whenever reduc- 
 tions are made elsewhere in the United States, so that at no 
 time shall any book so filed and listed be sold to school au- 
 thorities in Mississippi at a higher net price than is re- 
 ceived for such books elsewhere in the United States. 
 
 Third. That all such text-books offered for sale, 
 adoption or exchange in the State of Mississippi shall be 
 equal in quality to those filed in the office of the state sup- 
 erintendent of education as regards to paper, binding, print, 
 illustrations, subject-matter, and all other particulars that 
 may affect the value of such school text-books. 
 
 Fourth. That the publisher shall not enter into any 
 understanding, agreement or combination to control the 
 prices or restrict competition of the sale of school text- 
 books in the state of Mississippi. 
 
 Chap. 179, Laws 1916. Sec. 7823 Hemingway's Code. 
 
 Bond to be approved by attorney- general. 4. That 
 such bond shall be approved by the attorney-general, and 
 shall continue in force for a period of five years after its 
 filing, at or before the expiration of which period a new 
 bond shall be given, or the right to continue selling such 
 text-books in the State of Mississippi shall be forfeited. 
 
 Chap. 179, Laws 1916. Sec. 7824 Hemingway's Cede. 
 
 State superintendent to furnish list of books to county 
 and school officers. 5. That the state superintendent of 
 
TEXT-BOOKS 151 
 
 education shall, within thirty days after the filing of any 
 such school text-books and bond for same, send a list of 
 such books to each county superintendent of education and 
 to the superintendent or trustees of each separate school dis- 
 trict and the chairman of the board of trustees of each agri- 
 cultural high school in the state. And the state superinten- 
 dent of education shall, on or by January 1, 1917, and on or 
 by the first of January of each following year, publish and 
 send to each county superintendent of education and to the 
 superintendent or trustees of each agricultural high school 
 a printed copy of all such lists then in force in his office. 
 
 Chap. 179. Laws 1916. Sec. 7825 Hemingway's Code. 
 
 Publisher failing to supply copies of books to pay for- 
 feit. 6. That if any publisher shall comply with the fore- 
 going sections and then fail or refuse to furnish such books 
 to any board of trustees, county superintendent, superinten- 
 dent or trustees of separate school districts, trustees or agri- 
 cultural high schools, upon the terms herein provided, said 
 school authority shall at once notify the state superinten- 
 dent of education of such failure or refusal, and he shall at 
 once cause an investigation of such charge to be made. If 
 the state superintendent of education finds such charge 
 to be true, he shall at once notify such publisher and notify 
 each county superintendent of education, each state educa- 
 tional institution, each board of trustees of separate school 
 districts and agricultural high schools in the State of Mis- 
 sissippi that such book or books shall not thereafter be 
 adopted or purchased by any of the school authorities in the 
 State of Mississippi. Said publisher shall forfeit and pay 
 to the State of Mississippi the sum of five hundred dollars 
 ($500.00) for each failure or refusal to furnish said book 
 or books, to be recovered in the name of the State of Missis- 
 sippi in an action to be brought by the attorney-general in 
 any proper court, the amount when collected to be paid into 
 the treasury to the credit of the common-school fund of the 
 State of Mississippi. 
 
 Chap. 179, Laws 1916. Sec. 7826 Hemingway's Code. 
 
 School trustees to meet and determine wh&t books to 
 be used in the county schools. 7. That each county school 
 board and the board of trustees of each separate school dis- 
 trict in the state of Mississippi, at the regular meeting to be 
 held between the first Monday in each January and the first 
 Monday in August following each year until a complete list 
 
152 TEXT-BOOKS 
 
 of school text-books is adopted covering the whole school 
 course of study, not otherwise provided for by law, by a 
 majority vote of the entire membership of said board, shall 
 determine which of said books so filed shall be used in the 
 schools under its control it being distinctly understood that 
 such list of books selected by the county school boards shall 
 apply to all public high schools in the county, except sep- 
 arate school districtsand agricultural high schools; pro- 
 vided, that the county school board shall make selection of 
 books from a list recommended by a committee of five high- 
 school teachers .appointed by the county superintendent of 
 education. And after such books have been selected and 
 adopted by said school board or boards of trustees of sep- 
 arate school districts and agricultural high schools; pro- 
 vided, that the county school board shall make selection of 
 books substituted therefor for a period of five years after 
 the date of its selection and adoption, as shown by the offi- 
 cial records of the board provided, that any of such school 
 text-books as may be in use in the schools of Mississippi 
 when this act goes into effect may be continued at the 
 pleasure of the authorities in charge of such schools, but 
 that when said books are changed, or other books substi- 
 tuted for those in use, the books adopted shall be used for a 
 full period of five years. That this act shall not affect any 
 existing contracts for text-books now in force in this state, 
 
 Chap. 179, Laws 1916. Sec. 7827 Hemingway's Code. 
 
 Uniform course of study for agricultural high schools 
 to be selected. 8. That it shall be the duty of the state 
 superintendent of education to appoint four agricultural 
 high school principals or teachers, who, with himself, shall 
 constitute a committee to select from books listed, as herein- 
 before provided, a uniform course of study for the agricul- 
 tural high schools of the state, and said schools shall be 
 required to use the books so selected. The price and man- 
 ner of handling and adopting books for separate school dis- 
 tricts and other high schools shall apply to agricultural 
 high schools also, except books on agricultural and other in- 
 dustrial subjects 
 
 Chap. 179, Laws 1916. Sec. 7828 Hemingway's Code. 
 
 Prices at which books to be bought and sold to pupils. 
 9. That all school text-books adopted, as provided for in 
 this act, shall be bought by the various school authorities 
 direct from the publishers at the prices listed with the 
 
TEXT-BOOKS 153 
 
 state superintendent of education, as herein provided, and 
 sold to the pupils and patrons of such schools at said listed 
 prices, or at such prices as will include the cost of trans- 
 portation and cost of handling said books, but in no case 
 shall a greater price be charged any pupil or patron than 
 fifteen (15) per cent, advance over the net wholesale price. 
 
 Chap. 179, Laws 1916. Sec. 7829 Hemingway's Code. 
 
 How books to be ordered and paid for. 10. That each 
 board of trustees of separate school districts and each coun- 
 ty school board shall, at a regular meeting, cause to be as- 
 certained the number of each of such books the schools un- 
 der its charge require or the amount already due publishers 
 for books. The secretary of each board of trustees and each 
 county superintendent of education shall order the books 
 so agreed upon by the board from the publishers, who, on 
 receipt of such order, shall ship the books as directed with- 
 out delay. It shall be the duty of the secretary or other per- 
 son named by the board for such purpose to examine the 
 books when received, and if found to be right and in accor- 
 dance with the order, a warrant, payable out of the school 
 fund for the proper amount shall be issued and remitted to 
 the publisher within thirty days. Each county school board 
 and board of trustees shall pay all charges for the trans- 
 portation of books. 
 
 It shall be the duty of each county school board and 
 board of trustees to make all necessary provisions and ar- 
 rangements to place the books so purchased within easy 
 reach and accessible to all the pupils in the schools under 
 their control. For this purpose each county school board 
 and board of trustees may make contracts, and take such 
 security as it deems necessary, for the custody, care and sale 
 of such books, and accounting for the proceeds. The pro- 
 ceeds from the sale of the books shall be used to replace 
 the money used by the county school board and board of 
 trustees in purchasing the necessary supply of books or 
 send direct to the publisher in settlements of accounts due. 
 The county school boards and boards of trustees may also 
 contract with local or retail dealers to sell the books to the 
 pupils and patrons of the schools at prices to be specified 
 by the county school board and board of trustees, each board 
 being responsible to the publishers for all books purchased 
 by it. All orders for books under this act shall be made by 
 
154 TEXT-BOOKS 
 
 the secretary of the board of trustees or by the county su- 
 perintendent. 
 
 Chap. 179, Laws 1916. Sec. 7830 Hemingway's Code. 
 
 Retailer not to advance price of books. 11. That no 
 retail dealer selling said school text-books as the agent of 
 any school authority shall sell the same at a greater price 
 than the price agreed upon between such dealer and said 
 school authorities ; provided, that in no case shall said books 
 be sold to the school children at a price to exceed fifteen 
 (15) per cent, advance on the wholesale price of such books. 
 
 Chap. 179, Laws 1916. Sec. 7831 Hemingway's Code. 
 
 Pupils removing into new districts How books dis- 
 posed of. 12. That when pupils remove from any county 
 or separate school district, and have text-books of the kind 
 adopted in such school district and not of the kind adopted 
 in the district to which they removed, and wish to dispose of 
 them, the school board of the county or separate school dis- 
 trict from which they remove, if requested, shall purchase 
 such textbook at the fair value thereof and resell them to 
 other pupils. (Laws 1916, ch. 179. In effect May 1, 1916.) 
 
 Chap. 179, Laws 1916. Sec. 7832 Hemingway's Code. 
 
 School boards may provide for free books if desired. 
 13. That nothing in this act shall prevent the school board 
 of any county or separate school district in the State of 
 Mississippi from furnishing free text-books to the pupils in 
 the schools under its control, or from buying books and rent- 
 ing them to pupils in such schools. 
 
 Chap. 179, Laws 1916. Sec. 7833 Hemingway's Code. 
 
 Publisher not to give money or gifts to members of 
 schools boards. 14. That no publisher of school books nor 
 agent of such publisher shall offer or give any emolument, 
 money or other valuable things, or any other inducement 
 to any member of the board of trustees or school official 
 connected with any of the public schools of Mississippi, for 
 his vote or promise of vote, or for the use of his influence 
 for the adoption of any school text-book to be used in any 
 of the schools of this state ; nor shall any member of a board 
 of trustees or school official connected with any of the pub- 
 lic schools of Mississippi accept emolument, money or other 
 valuable thing, or any other inducement from any publisher 
 or agent of any publisher for his vote or promise of vote, or 
 for the use of his influence for the adoption of any school 
 
TEXT-BOOKS 155 
 
 text-book. Provided, that nothing in this section shall be 
 construed to prevent any person, publisher or publisher's 
 agent from sending a reasonable number of sample copies 
 of school text-books to any member of a board of trustees 
 or school official for examination of such book or books be- 
 fore any adoption of books, as provided for in this act, and 
 nothing shall be construed to prevent such member of a 
 board of education or school official from receiving such 
 sample copies 
 
 Chap. 179, Laws 1916. Sec. 7834 Hemingway's Code. 
 
 Violations of this act How punished. 15. That any 
 publisher of school text-books or agent of such publisher, or 
 any member of any board of trustees, or public-school offi- 
 cial of the State of Mississippi who violates any of the pro- 
 visions of this act, on conviction thereof, shall be punished 
 as for a misdemeanor; and any member of the board of 
 trustees or school official shall, in addition, be removed 
 from his official position. Any retail dealer of school text- 
 books acting as agent for any board of trustees who violates 
 any of the provisions of this act shall, upon conviction, be 
 punished as for a misdemeanor. 
 
 Chap. 179^ Laws 1916. Sec. 7835 Hemingway's Code. 
 
 County superintendent to order books and employ 
 agents. 16. That the county superintendent of education 
 shall act for the county school board in ordering books for 
 the schools in his county, except for separate school dls T 
 tricts and agricultural high schools, and he shall employ 
 agents at such places as he deems necessary for the proper 
 distribution of said books. 
 
 CHAPTER 143. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the State 
 of Mississippi, That section 4617 of the code of 1906 be 
 amended so as to read as follows : 
 
 4617. Exchange price of books. The exchange price 
 between old books and new books of the same or similar 
 grade shall not be more than the lowest exchange price of 
 said books anywhere in the United States. 
 
156 TEXT-BOOKS 
 
 Sec. 2. That chapter 168 of the laws of 1912, entitled, 
 "An act to limit the number of text books changed at any 
 regular state adoption," be and the same is hereby repealed. 
 
 Sec. 3. That all laws and parts of laws in conflict here- 
 with are repealed, and that this act shall take effect and be 
 in force from and after its passage. 
 
 State Textbook Commission. 
 Code 1906. 
 
 Sec. 7837 Hemingway's Code. 
 
 4594. Commission to select a uniform series of text- 
 books Qualifications of its members. The governor shall 
 select and appoint eight educators of known character and 
 ability in their profession, and engaged in public-school 
 work as teachers, not more than one to be selected from each 
 congressional district, who, together with the state super- 
 intendent of education, shall constitute the text-book com- 
 mission of Mississippi. The state .superintendent of educa- 
 tion shall be an ex-officio member of said commission, and 
 in no case shall the person selected be related to the ex- 
 officio member by affinity or consanguinity. 
 
 Sec. 7838 Hemingway's Code. 
 
 4595. Books selected to be used for five years. It shall 
 be the duty of the said commission to select and adopt a uni- 
 form system or series of text-books for use in the public 
 schools of the state. Said commission is hereby authorized, 
 empowered, and directed to select and adopt said uniform 
 series of text-books for use in the public schools of the 
 state, and when so selected said books shall be used for a 
 period of five years in all the public schools of the 
 state, and it shall be unlawful for any teacher of any public 
 school in this state to use any book or books upon the same 
 branch other than those adopted by said text-book commis- 
 sion, except as hereinafter provided. Said uniform series 
 shall include the following branches of study, to- wit : Ortho- 
 graphy, reading, writing, intellectual arithmetic, practical 
 arithmetic, geography, English grammar, composition, his- 
 tory of the United States, physiology, civil government, ele- 
 ments of agriculture and history of the State of Mississippi ; 
 that no history in relation to the late civil war between the 
 states shall be used in the schools of this state, unless it be 
 fair and impartial, and such other branches of school books 
 
TEXT-BOOKS 157 
 
 as may be added to the above curriculum by statute. Pro- 
 vided, that none of said text-books so selected or adopted 
 shall contain anything of a partisan or sectarian character ; 
 and provided, further, that all text-books adopted for use 
 in the public schools of the state shall be printed in English, 
 except such books as shall be adopted as text-books in the 
 study of a foreign language. 
 
 Sec. 7839 Hemingway's Code. 
 
 4596. Members to be sworn Must not be directly or 
 indirectly interested in contracts. Before transacting any 
 business relating to the duties incumbent on the said com- 
 mission, the members thereof shall each take and subscribe 
 an oath to faithfully discharge all the duties devolving upon 
 them as members of said commission; that he has no in- 
 terest, direct or indirect, in any contract that may be made 
 hereunder ; that he will receive no personal benefit or profit 
 therefrom ; that he is not in any manner interested in any 
 books or publishing concern publishing any books of the 
 kind contemplated for use in the public schools of this or any 
 other state ; that he will carefully, faithfully, and conscien- 
 tiously examine all books submitted for inspection, and will, 
 to the best of his knowledge and ability, make the best se- 
 lection possible of any and all books to be ued in the public 
 schools of the state. 
 
 Sec. 7840 Hemingway's Code. 
 
 4597. Separate school districts may adopt supplemen- 
 tal books. The trustees of any separate school district may 
 select such other supplemental books in addition to the books 
 selected and adopted by the school-book commission, for use 
 in such separate school districts, and the trustees of the 
 separate school district may raise the curriculum above 
 that which may be prescribed by law or act of the school- 
 book commission. 
 
 Sec. 7841 Hemingway's Code. 
 
 4598. How choice of books made. The said text-book 
 commission shall, in making up their choice for books to be 
 used, take into consideration the merit of each book as to 
 the subject-matter, the printing, binding, material, mechan- 
 ical qualities, and general suitability for the purpose intend- 
 ed, as well as the price of said books. Said commission 
 shall select and adopt such books as will, in their best judg- 
 ment, accomplish the ends desired, and they are hereby 
 
158 TEXT-BOOKS 
 
 authorized, empowered and directed in case they deem any 
 of the books suitable and more desirable than other books 
 of the same class submitted, but the price is unreasonably 
 high, and that they should be offered at a lower price, they 
 may use their discretion and judgment whether they shall 
 adopt said book or books, or adopt the books next best in 
 the list of books submitted. 
 
 Sec. 7842 Hemingway's Code. 
 
 4599. When commission to meet and organize To ad- 
 vertise for bids. The said text-book commission shall im- 
 mediately after their selection meet and organize, and a 
 majority of said commission shall constitute a quorum for 
 the transaction of business. As soon as the commission 
 shall organize it shall advertise in such a manner and in 
 such places as is deemed desirable, that at a time nnd place 
 fixed definitely in said advertisement, sealed bids will be 
 received from the publishers of school text-books for fur- 
 nishing books as herein provided to the public schools of the 
 State of Mississippi, through agencies established by said 
 publishers in the several counties of the state, for a period 
 of five years from the date and execution of the contract. 
 The bids or proposals shall be for furnishing the books for 
 a period of five years and no longer 
 
 Code 1892. 
 
 The anti-trust law of 1900 has no application to the state or its 
 public agencies in letting a contract for copyrighted school books in 
 the manner provided by law and as the result of competitive bidding 
 iby the terms of which new books are for a time to be exchanged with- 
 out cost, book for book, in the place of old books then in use, after 
 which the prices agreed on are to be paid for all books furnished dur- 
 ing the continuance of the contract. B. F. Johnson Pub. Co. v. Mills, 
 79 Miss. 543, 31 So. 101. 
 
 A public contract for an article below cost is not "inimical to the 
 public welfare" within Const. 1890, 198. B. F. Johnson Pub. Co. v. 
 Mills, 79 Miss. 543, 31 So. 101. 
 
 Sec. 7843 Hemingway's Code. 
 
 4600. What bids shall specify To be accompanied by 
 specimen copies Bidders to put up forfeits Opening of 
 bids. All bids shall state definetly the price at which the 
 books will sell at wholesale and retail, and shall be accompa- 
 
TEXT-BOOKS 159 
 
 nied by one or more specimen copies of each and every 
 book to be furnished; it shall be required of each bidder to 
 deposit with the state treasurer such a sum of money as the 
 commission may require, according to the number of books 
 each bidder may propose to furnish, and notice shall be 
 further given in said advertisement that such deposit shall 
 be forfeited to the state if the bidder making the deposit 
 shall fail or refuse to make and execute such contract and 
 bond as is hereafter required, the time to be fixed by the 
 commission and so stated in such advertisement. All bids 
 shall be sealed and deposited with the secretary of the com- 
 mission to be delivered by him to the commission when it 
 meets for the purpose of considering said bids, and shall 
 be opened by the secretary in the presence of the commis- 
 sion. 
 
 Sec. 7844 Hemingway's Code. 
 
 4601. Bids to be opened and considered in executive 
 session Attorney-general to draw up contracts. It shall 
 be the duty of the commission at the time and place desig- 
 nated in the said advertisement in executive session to open 
 and examine all sealed proposals submitted and received in 
 pursuance of the notice or advertisement as hereinbefore 
 provided ; to examine and carefully consider all such bids or 
 proposals and determine in the manner provided for what 
 book or books shall be adopted, taking into consideration the 
 size, quality as to subject-matter, material, printing, bind- 
 ing, and the mechanical execution and the price and general 
 suitability for the purpose desired and intended. After 
 their selection shall have been made, the commission shall, 
 by registered letter, notify the publishers to whom the con- 
 tracts have been awarded, and it shall be the duty of the at- 
 torney-general to prepare said contract or contracts in ac- 
 cordance with the terms and provisions of the law on the 
 subject of text-books, and all contracts shall be executed by 
 the governor and secretary of state, with the seal of the 
 state affixed thereto on the part of the State of Mississippi, 
 and the said contracts shall be executed in triplicate, one 
 copy to be kept by the contractor, one copy by the secretary 
 of the commission, and copied in full in the minute-book of 
 the commission, and one copy to be filed in the office of the 
 secretary of state. At the time of the execution of the afore- 
 said contract, the contractors shall enter into bond in the 
 sum of not less than ten thousand dollars, payable to the 
 
160 TEXT-BOOKS 
 
 State of Mississippi, conditioned for the faithful, honest 
 and exact performance of all the terms of said contract, to- 
 gether with the payment of reasonable attorney's fees 
 in case of recovery in any suit upon the same, to be ap- 
 proved by the governor and the attorney-general. Any 
 guarantee company authorized to do business in the 
 State of Mississippi may become surety on said bond, 
 and .there shall be five or more sureties on the said bond 
 who are citizens of this state and residents of different 
 counties therein, and in the event suit is brought on said 
 bond in any of the state courts, and the defendants, or 
 any of them have the case removed, or attempt to have 
 the case removed to the federal court, the said school-book 
 commission may immediately cancel the contract and con- 
 tinue the suits on the bond, and it shall be the duty of the 
 attorney-general to so write it in the contract And it shall 
 be the duty of the attorney-general to prepare said bonds 
 and approve same ; provided, that said bond shall not be ex- 
 hausted by a single recovery, but may be sued on from time 
 to time until the full amount thereof shall have been recov- 
 ered, and the commission may, at any time, by giving due 
 notice thereof, require additional security, if, in their judg- 
 ment, it is necessary 
 
 Sec. 7845 Hemingway's Code. 
 
 5602. Forfeit money returned to unsuccessful bid- 
 ders Contract must be executed within thirty days. When 
 any firm or corporation shall have been awarded a contract 
 and submitted therewith the bond as required, the commis- 
 sion shall inform the treasurer of the state, and it shall then 
 be his duty to return to such contractor the cash deposit 
 made by him, and the commission shall furnish the treas- 
 urer the names of the unsuccessful bidders, when he shall 
 return to them the amount deposited by them at the time of 
 the submission of their bid, but should any firm, person or 
 corporation fail or refuse to execute the contract and submit 
 the bond as required hereby, within thirty days after the 
 awarding of the contract to him, and the mailing of the reg- 
 istered letter containing the notice, the said cash deposit 
 will be deemed and is hereby declared forfeited to the state, 
 and it shall be the duty of the treasurer to place said deposit 
 in the treasury of the state to the credit of the general school 
 fund ; and, provided further, that any recovery on the bond 
 
TEXT-BOOKS 161 
 
 of any contractor shall be placed to the credit of said fund, 
 and be prorated among the several counties of the state. 
 
 CHAPTER 170. 
 HOUSE BILL No. 848. 
 
 AN ACT to amend section 4603, code of 1906 (section 7846 Heming- 
 way code), books furnished to be equal to specimen copies. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 4603, code of 1906 (sec- 
 tion 7846 Hemingway code), be, and the same is hereby 
 amended so as to read as follows : 
 
 Books Furnished to be Equal to Specimen Copies. The 
 books furnished under any contract shall at all times during 
 the existence of the contract be equal to, in all respects, the 
 specimen of sample copies furnished with bids ; and it shall 
 be the duty of the State Superintendent of Education to 
 preserve in his office as the standard of quality and excel- 
 lence to be maintained in such books during the continuance 
 of said contract, sample copies of all books which have been 
 the basis of any contract, together with the original bid, and 
 the contractor shall furnish like samples or specimen copies 
 of books to the different county superintendents of educa- 
 tion, which shall be preserved by them in like manner and 
 the same shall always be open to inspection by the public. 
 The retail price and the exchange price of each book adopted 
 shall be either printed on the back or indelibly stamped on 
 the first page. And the commission shall not in any case 
 contract with any person or publisher for books to be used 
 in the public schools of the state at a price above or in excess 
 of the price at which such book or books are furnished by 
 said person or publisher under any contract entered into 
 after September 1, 1919 to any state, county, or school dis- 
 trict in the United States under like conditions prevailing in 
 the state and under this chapter, as to the method of distrib- 
 uting the books to the consumer. And it shall be stipu- 
 lated in each contract that the contractor is not now furnish- 
 ing under any contract entered into after September 1, 1919, 
 any state, county, or school district in the United States 
 where like conditions as are now prevailing in this state and 
 under this chapter, as to the method of distributing the 
 books to the consumers, the same book or books at a price 
 less than the price stipulated in the said contract, and the 
 
162 TEXT-BOOKS 
 
 commission is hereby authorized and directed, at any time 
 that they may find that any book is being furnished at a 
 lower price under contract entered into after September 1, 
 1919, to any state, county, or school district as aforesaid, to 
 sue upon the bond of said contractor for the recovery of the 
 difference between the contract price and the lower price at 
 which they find the book or books have been sold, and 
 should any contractor fail to execute the terms and provi- 
 sions of his contract specifically, said commission is hereby 
 authorized, empowered and directed to bring suit in the 
 name of the state of Mississippi upon the bond of such con- 
 tractor for the recovery of all damages for the benefit of 
 the public school fund, but nothing herein provided shall be 
 construed so as to prevent said commission and any con- 
 tractor from agreeing in any manner to change, alter or 
 amend any contract, provided eight members of said com- 
 mission shall agree and think it advisable and for the best 
 interests of the public schools of the state to make such 
 change, alteration, or amendment 
 
 Sec. 2. That all laws and parts of laws in conflict with 
 this act are hereby repealed. 
 
 Sec. 3 That this act take effect and be in force from 
 and after its passage. 
 
 Approved April 3, 1920. 
 
 CHAPTER 53. 
 HOUSE BILL No. 286. 
 
 AN ACT to appropriate the sum of one thousand eight hundred dol- 
 lars to defray the expenses of the Mississippi text book commis- 
 sion. 
 
 To defray expenses of textbook commission. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That the sum of one thousand eight 
 hundred dollars, or so much thereof as may be necessary, be 
 and the same is hereby appropriated out of the state treas- 
 ury from any funds not otherwise appropriated, to be used 
 to defray the expenses of the Mississippi text book commis- 
 sion for a period of five years, including the year 1920 and 
 the year 1924. That said appropriation shall be drawn out 
 of the state treasury by order of the state board of education 
 on state auditor's warrant on the state treasurer in favor of 
 
TEXT-BOOKS 168 
 
 the text book commissioners and the state superintendent of 
 education shall make an itemized report of all expenditures 
 under this act to the governor prior to the meeting of each 
 legislature during the years above specified, and that same 
 shall be transmitted to the legislature by the governor. 
 
 Sec. 2. That this act shall take effect and be in force 
 from and after its passage 
 
 Approved March 25, 1920. 
 
 Sec. 7847 Hemingway's Code. 
 
 4604. State not liable to any contractor. It shall al- 
 ways be a part of the terms and conditions of every contract 
 made in pursuance of this chapter that the State of Missis- 
 sippi shall not be liable to any contractor, in any manner, 
 for any sum whatsoever, but all such contractors shall re- 
 ceive their pay and compensation solely and exclusively 
 from the proceeds of the sale of books as herein provided. 
 
 Sec. 7848 Hemingway's Code. 
 
 4605. Bids may be rejected. The said text-book com- 
 mission shall have and reserve the right to reject any and 
 all bids or proposals if they shall be of the opinion that same 
 should be rejected. And in case they fail to select or adopt 
 any book or books upon any of the branches mentioned in 
 a previous section of this chapter from the among the bids 
 or proposals submitted, they may readvertise for sealed bids 
 or proposals under the same terms or conditions as before, 
 and proceed in their investigation in all respects as they did 
 in the first instance and as required in the terms and pro- 
 visions herein set forth. And it is provided further that 
 any person, firm or corporation now doing business or pro- 
 posing to do business in the State of Mississippi shall have 
 the right to bid for the contract to be awarded under this 
 chapter, and may submit in writing bid or bids to edit or 
 have edited, published and supply for use in the public 
 schools in this state any book or books herein provided for, 
 or they may submit books the equal of which in every way 
 they propose to furnish, and they shall accompany their bid 
 with the cash deposit and execute a contract and bond and 
 be subject to the same conditions and restrictions as herein- 
 before, provided. 
 
164 TEXT-BOOKS 
 
 CHAPTER 219. 
 LAWS 1910. 
 
 Sec. 7849 Hemingway's Code. 
 
 4606. Contractor to establish book depositories. The 
 successful bidder or contractor shall establish and maintain 
 one or more depositories in this state, to be designated by 
 the commission, where a stock or supply of the books suffi- 
 cient to meet all the immediate demands shall be kept. There 
 shall also be maintained in each county in this state two or 
 more agencies for the distribution of the books contracted 
 for and one of the distributing points shall be the county 
 site, and where there are two county sites in a county a dis- 
 tributing point shall be maintained at each; and said 
 agencies shall sell to all persons desiring to purchase said 
 books to the patrons of the public schools ; and the contractor 
 shall make arrangements with two or more booksellers or 
 merchants in towns of two thousand or more inhabitants 
 that may apply for agencies to handle and distribute the 
 books at said places provided that such applicant for any 
 agency shall execute and tender to said contractor a valid 
 contract and bond conditioned for the faithful and efficient 
 performance of his trust as the agent of said contractor, and 
 provided further, that said contractor and said applicant 
 for said agency agree as to the terms and conditions of said 
 agency, or contract, and the amount of said bond ; and it 
 shall be unlawful for said contractor, either directly or in- 
 directly, to give to any applicant complying with the provi- 
 sions of this act any advantage over another in the contract 
 or terms of such agency. All books shall be sold to the con- 
 sumer at the retail contract price and in each book shall be 
 printed the following: "The price fixed hereon is by state 
 contract and any excess thereon shall be reported to the 
 county superintendent, or state superintendent of education 
 at Jackson, Mississippi." 
 
 Chap. 219, Laws 191 1. Sec. 7850 Hemingway's Code. 
 
 Apply only to future contracts. 2. That this act shall 
 apply to all contracts hereafter made by the commission, 
 but that it shall have no force and effect as to contracts now 
 in existence. 
 
TEXT-BOOKS 165 
 
 CODE 1906. 
 
 Sec 7851 Hemingway's Code. 
 
 4607. Damages for failure to meet demand for books. 
 It is expressly provided that should any contractor fail to 
 
 furnish the books sufficient to meet the demand and at the 
 prices designated, or otherwise fail to comply with the con- 
 tract in addition to the right of the state to sue on the bond 
 as hereinbefore required, the county superintendent of ed- 
 ucation in any county of the state where such breach of con- 
 tract may be made, may bring suit for damages in the name 
 of the State of Mississippi in the proper court of the county 
 wherein he resides, for the use and benefit of the school 
 fund of the county, and in all cases arising hereunder ser r 
 vice of process may be had and deemed sufficient on any 
 agent of the contractor in this state. 
 
 Sec. 7852 Hemingway's Code. 
 
 4608. Commission to enforce provisions. Said com- 
 mission may make any necessary regulations not contrary 
 to the provisions herein mentioned to secure the prompt dis- 
 tribution of the books herein provided for, and the prompt 
 and faithful execution of all contracts, and it is expressly 
 provided that said commission shall maintain its organiza- 
 tion during the five years of the continuance of this con- 
 tract. 
 
 Sec. 7853 Hemingway's Code. 
 
 4609. State superintendent to notify county super- 
 intendents. As soon as practicable after the adoption of 
 the text-books the state superintendent shall issue a circular 
 letter to each of the county superintendents of education in 
 this state and to such teachers and other persons as he may 
 desire, stating the list of books adopted, the prices, location 
 of agencies, and such other information as he may deem 
 necessary. 
 
 Sec. 7854 Hemingway's Code. 
 
 4610. Books adopted to supplant all others Excep- 
 tions. The books adopted as a uniform series of text-books 
 shall be introduced and used as text-books to the exclusion 
 of all others in the public schools of this state, and continue 
 to be used for five years as said textbooks, except as herein 
 provided for the change of said books as the commission 
 may deem advisable for the best interests of the public 
 schools of this state ; provided, that nothing in this chapter 
 
166 TEXT-BOOKS 
 
 shall be construed to prevent the use of supplementary 
 books, but such supplementary books shall not be used to the 
 exclusion of the books adopted under the provisions of this 
 chapter; provided, further, that nothing herein provided 
 shall prevent the teaching in any of the public schools of this 
 state any branch higher or more advanced than is embraced 
 in any previous section of this chapter nor the using of any 
 books upon such higher branch of study; provided, that 
 such branch shall not be taught to the exclusion of the 
 branches mentioned and set forth. 
 
 Sec. 7855 Hemingway's Code. 
 
 4611. Penalty for violating text-book provisions. 
 Any person violating the provisions of the law on the sub- 
 ject of uniform text-books shall be guilty of a misdemeanor, 
 and, upon conviction, be punished by a fine of not less than 
 ten dollars nor more than fifty dollars. 
 
 Sec. 7856 Hemingway's Code. 
 
 4612. Penalty for teaching other books. Any teacher 
 who shall use or permit to be used in his or her school any 
 text-book upon the branches embraced in this chapter other 
 than the ones adopted by said text-book commission upon 
 said branch as hereinbefore provided, shall be guilty of a 
 misdemeanor, and upon cvonvictipn, shall be punished as 
 provided for in the preceding section. 
 
 Sec. 7857 Hemingway's Code. 
 
 4613. Penalty for demanding more than contract 
 price. If any local agent, clerk, dealer, or other person 
 handling or selling the books adopted under the provisions 
 of this law shall demand or receive in cash more than the 
 contract price for any of the books herein provided for, he 
 shall be guilty of a misdemeanor, and, upon conviction, 
 shall, for each offense, be punished by a fine of not less than 
 fifty dollars nor more than five hundred dollars. 
 
 Sec, 7858 Hemingway's Code. 
 
 4614. Commission to keep a journal of its proceed- 
 ings. The commission is required to keep a journal of its 
 proceedings, which journal shall, at the close of each meet- 
 ing, be signed by the president and secretary of the com- 
 mission, and when the text-books shall have been adopted 
 according to the provisions of this chapter, the journal shall 
 be filed in the office of the secretary of state, and a separate 
 
TEXT-BOOKS 167 
 
 journal shall be kept of subsequent meetings, which journal 
 shall be filed in the office of the secretary of state. 
 
 Sec. 7859 Hemingway's Code. 
 
 4615. Commission can not extend contract. The 
 members of the commission provided for by section 7837 
 shall hold their office for five years from the date of their 
 appointment and until their successors are duly appointed 
 and qualified, ancl shall have no power to extend any con- 
 tract made by them, but their successors, duly appointed 
 and qualified as provided for by section 7837, shall be au- 
 thorized and directed to execute a new contract on the same 
 terms and conditions as is provided hereunder. 
 
 Chap. 219, Laws 1910. Sec. 7860 Hemingway's Code. 
 
 4616. Members of commission not to accept employ- 
 ment or receive gifts or donations from book dealers Pen- 
 alty. It shall be unlawful for any member of the school- 
 book commission during the term of his appointment or 
 office to accept or receive from any school-book company, 
 firm, corporation, or agent, any employment, retainer, com- 
 pensation, reward, emolument, gift, or donation, directly or 
 indirectly, except books actually submitted for inspection 
 with the bona fide view of securing their adoption ; and it 
 shall be unlawful for any school-book company, firm, corpo- 
 ration or agent to employ or retain or offer to employ or re- 
 tain any member of such commission, or to pay or to offer 
 to pay any compensation, reward, or emolument to any 
 member of such commission, or to give or offer to give any 
 donation to any member of such commission, except books 
 or school apparatus actually submitted for inspection, with 
 the bona fide view of securing their adoption. Any viola- 
 tion of this section shall be punishable by a fine of not more 
 than one thousand dollars or by imprisonment in the peni- 
 tentiary for not more than two years, or both. 
 
 Sec. 7862 Hemingway's Code. 
 
 4618. Compensation and mileage of commissioners. 
 The superintendent of public education shall serve on the 
 commission without compensation, and the other members 
 of the commission shall be paid the sum of five dollars per 
 day during the time they are actually employed, not to ex- 
 ceed thirty days, and, together with the superintendent of 
 public education, shall receive ten cents a mile for each mile 
 actually traveled from their homes to the place of meeting 
 
168 TEXT-BOOKS 
 
 and return, and all necessary expenses for advertising, to be 
 paid out of the general school fund, and they shall each 
 make and swear to a statement of the number of miles 
 traveled, and the number of days actually employed. 
 
 Sec. 7863 Hemingway's Code. 
 
 4619. When contract forfeited. In case of the fail- 
 ure of any contractor to furnish the books provided for in 
 his contract, then his bond shall be declared forfeited and 
 the commission is authorized and empowered to make such 
 other contract for the unexpired term with any person, firm 
 or corporation to provide and furnish such books as they 
 may deem advisable for the best interest of the state. 
 
 Sec. 7864 Hemingway's Code. 
 
 4620. When commissioners shall be disqualified to 
 vote on contracts. If any person related within the third 
 degree by blood or marriage to any member of the school- 
 book commission, or is associated in any business or part- 
 nership with any member of said commission, shall be em- 
 ployed in good faith by any school-book company, firm, cor- 
 poration or agent in connection with the adoption of school- 
 books in this state, the member of said commission so re- 
 lated by blood or marriage, or so associated in business with 
 such person, shall not vote for the adoption of any school- 
 book offered for adoption by such school-book company, 
 firm, corporation or agent. 
 
SIXTEENTH SECTIONS 169 
 
 SIXTEENTH SECTIONS. 
 
 Sec. 7505 Hemingway's Code. 
 
 4695. Titles to be investigated and established. The 
 board of supervisors of each county wherein is situated a 
 sixteenth section of land, or a part of such a section, or an- 
 other section or part of another section taken in lieu of any 
 sixteenth section or part thereof, reserved for the support 
 of township schools, employ one or more competent persons 
 for that purpose, and shall take all such further action as 
 shall be necessary to ascertain the true condition of the title 
 to each parcel of such land in its county, and to establish 
 and confirm the same, fixing in each case the date of the ex- 
 piration of any lease thereof. 
 
 Code 1892. 
 
 A suit is maintainable by a county under tihs section where the 
 defendant claims the sixteenth section in fee simple under a deed 
 from the lessee, though the land was not sold by the county officials. 
 Carroll County v. Jones, 71 Miss. 947, 15 So. 106. 
 
 Employment generally of counsel by the year by the board of su- 
 pervisors, under Code 1892, 293 (Code 1906, 312), in no way de- 
 prives it of specially employing a different lawyer to investigate the 
 special matter of title to sixteenth section school lands and to bring 
 suit to confirm title thereto. Warren County v. Dabney, 81 Miss. 273^ 
 32 So. 908. 
 
 Code 1906. 
 
 The title to the sixteenth section of land is in the state, in trust for 
 the support of the public schools of the township wherein the same is 
 situated. Jefferson Davis County v. James- Sumrall Lumber Co., 94 
 Miss. 530, 49 So. 611. 
 
 Code 1906, 4695-4716, is within the power of the state and is not 
 a delegation of power within the rule prohibiting the delegation of 
 power, for a "county" is a mere political subdivision of the state, 
 created to act for the state in local matters, and the state^ in thus 
 dealing with the sixteenth section of land, acts through a govern- 
 mental agency. Jefferson Davis County v. James-Sumrall Lumber Co., 
 94 Miss. 530, 49 So. 611. 
 
 Code 1906, 4695-4716, confer on the counties all powers neces- 
 sary to carry out the purpose of the grant of jurisdiction and control, 
 
170 SIXTEENTH SECTIONS 
 
 and a county may sue for waste commited in cutting timber from a 
 sixteenth section. Jefferson Davis County v. James-Sumrall Lumber 
 Co., 94 Miss., 530. 49 So. 611. 
 
 Sec. 7506 Hemingway's Code. 
 
 4696. Abstracts of title. A complete abstract of title 
 shall be made of each parcel of said land ; and such abstract 
 shall contain references, by book and page, to the acts of 
 congress, the acts of the legislature, and to all records relat- 
 ing thereto ; and every such abstract shall be duly certified 
 and recorded in the record of deeds, and be styled and in- 
 dexed under the head of "Sixteenth Sections, T. = , R. ;" 
 and it shall be so styled and indexed whether the land be in 
 a sixteenth section or in another section taken in lieu of it ; 
 and the original shall be deposited in the land office. 
 
 Sec. 7508 Hemingway's Code. 
 
 4698. Suits to establish title and settle disputes. It 
 is the duty of the board of supervisors, and of such compe- 
 tent person or persons so employed, in the name of the coun- 
 ty, and the privilege of any person interested, to institute 
 and prosecute to effect, in the chancery court of the county 
 where the land lies, all necessary suits to establish and con- 
 firm the title to each parcel of such land and to fix the date 
 of the expiration of any lease of the same ; and if any per- 
 son claim any of said lands in fee simple, or upon any other 
 terms than that of a lease to expire at a fixed date, with ab- 
 solute reversion to the state in trust, or if the title to such 
 lands rest in parol, by destruction of records or otherwise, 
 suit shall be instituted at once, or as soon as practicable, to 
 test the legality of such claims or to re-establish the lost 
 record. 
 
 Code 1892. 
 
 The interest referred to in this section is that of a citizen in a civil 
 subdivision in the assertion of the rights of the public and not the 
 interest of an owner or lessee of the lands. Such owner or lessee can 
 not bring this action in his own behalf. Osburn v. Hinds County, 71 
 Miss. 19, 14 So. 457. 
 
 Compliance by the board of supervisors with the requirements of 
 Code 1892, 4144, 4145, 4146 (Code 1906, 4695, 4696 % 4697), being 
 for the benefit of the public, is not a prerequisite to bringing suit 
 under this section to establish and confirm the title. Wright v. Lau- 
 derdale County, 71 Miss. 800, 15 So. 116. 
 
SIXTEENTH SECTIONS 171 
 
 Notwithstanding Code 1892, 501 (Code 1906, 551), it is sufficient 
 in a suit under this section in behalf of the county to aver reservation 
 of title by the United States for school purposes and that the legal 
 title remains in the United States, affected with the public trust for 
 support of schools in the township. Wright v. Lauderdale County, 71 
 Miss. 800, 15 So. 116. 
 
 Carroll County v. Jones, 71 Miss. 947, 15 So. 106; Warren County 
 v. Dabney, 81 Miss. 273, 32 So. 908. 
 
 Sec. 7509 Hemingway's Code. 
 
 4699. Rule of evidence. Adverse possession for a 
 period of twenty-five years, under a claim of right or title, 
 shall be prima facie evidence in such case that the law au- 
 thorizing the disposition of the lands had been complied 
 with and the lease or sale duly made. If the claim be 
 under a lease, the time at which the lease expires shall be 
 fixed by the court. 
 
 Code 1892. 
 
 This section is not confined to cases in which a lease has in fact 
 been made and such lease is attacked because of alleged infirmity 
 growing out of absence of evidence in compliance with the law. Car- 
 roll County v. Estes, 72 Miss. 171, 16 So. 908. 
 
 Wherever there has been adverse possession for twenty-five years 
 under a paper title, purporting to assign a lease, the statute applies. 
 Carroll County v. Estes, 72 Miss. 171, 16 So. 908. 
 
 To the same effect, see Amite County v. Steen, 72 Miss. 567, 17 So. 
 930; and Forsdick v. Tallahatchie County, 76 Miss. 622, 24 So. 962. 
 
 In the absence of sufficient evidence a lease of a sixteenth section 
 by school trustees will not be presumed. Wetter v. Monroe County, 
 74 Miss. 682, 22 So. 188. 
 
 No presumption that the sixteenth section has been leased will be 
 indulged in support of a tax deed, Code 1892, 1806 (Code 1906 % 
 1983), as to prima facie effect of tax deeds, being without applica- 
 tion is such case. Leflore County v. Bush, 76 Miss. 551, 25 So. 351, dis- 
 tinguishing Chamberlain v. Lawrence, 71 Miss. 949, 15 So. 40. 
 
 No presumption of sale or lease of school land is indulged except 
 that arising under his section., Leflore County v. Bush, 76 Miss. 551, 
 25 So. 351. 
 
 A sale in fee of the sixteenth section school lands has never been 
 
172 SIXTEENTH SECTIONS 
 
 authorized by law in this state. Weiler v. Monroe County, 76 Miss. 
 492, 25 So. 352, explaining Weiler v. Monroe County, 74 Miss. 682, 22 
 So. 188. 
 
 The statute of limitations does not run against the reversion in a 
 sixteenth section during the existence of a lease. Weiler v. Monroe 
 County, 76 Miss. 492, 25 So. 352. 
 
 See Sexton v. Coahoma County, 8-6 Miss. 380, 38 So. 636. 
 
 Sec, 7510 Hemingway's Code. 
 
 4700. Lands to be leased. None of such lands shall 
 ever be sold, but they shall be leased; those not in a city, 
 town, or vilage for a term not exceeding fifteen years, and 
 those in a city, town, or village for a term not exceeding 
 twenty-five years, on condition of the payment anually of 
 the rent reserved. No timber shall be cut or used by the 
 lessees except for fuel and necessary repairs and improve- 
 ment on the land. 
 
 Code 1892. 
 
 Lease holders or other private interests of persons in sixteenth 
 sections of land in this state are subject to taxation. Street v. Col- 
 umbus, 75 Miss. 822, 23 So. 773. 
 
 A tenant for years cutting standing timber on a sixteenth section 
 for sale is guilty of waste. Warren County v. Gans, 80 Miss., 76, 31 
 So. 539. 
 
 And such timber may be replevied oy the county under the pro- 
 visions of this chapter, the land having been leased in 1834 for ninety- 
 nine years under the laws of this state then in force. Warren County 
 v. Gans, 80 Miss. 76, 31 So. 539. 
 
 A bill in equity to recover for waste simply averring 1 that the 
 school authorities had leased the land, that the lessee had assigned the 
 lease and- that defendant held under it, is demurrable for a failure to 
 show the term of the lease, when, where, by whom and to whom it 
 was made. Adams v. Griffin, 85 Miss. 1, 37 So. 457. 
 
 Code 1906. 
 
 The cutting of timber for commercial purposes from the six- 
 teenth section leasehold is waste, notwithstanding a claim that the 
 timber was cut and sold for agricultural purposes. Jefferson Davis 
 County v. James-Sumrall Lumber Co., 94 Miss. 530, 49 So. 611. 
 
SIXTEENTH SECTIONS 173 
 
 The good faith of a tenant of the sixteenth section of land in 
 clearing up portions of it for cultivation is for the jury. Jefferson 
 Davis County v. James-Sumrall Lumher Co., 94 Miss. 530, 49 So. 611. 
 
 A tenant of the sixteenth section land may clear up for cultiva- 
 tion such portion of it as a prudent owner in fee would clear for that 
 purpose, provided he leaves enough timber necessary for the perma- 
 nent use and enjoyment of the inheritance, but he must do this in good 
 faith, or he may be guilty of waste. Jefferson Davis County v. James 
 Sumrall Lumber Co., 94 Miss. 530, 49 So. 611. 
 
 Since it is unlawful for the lessee of a sixteenth section of state 
 land to sell for commercial purposes the timber standing thereon, the 
 warranty in a sale of such timber by the lessee is broken when made, 
 and an action for such breach at once lies, without any hostile asser- 
 tion of the paramount title. Jackson Naval Stores Co. v. Tootle, 96 
 Miss. 486, 51 So. 801; Moss Point Lumber Co. v. Harrison County, 89 
 Miss. 448, 42 So. 290, 873. 
 
 (1817, art. VI, 20.) 
 
 Purchaser at a tax sale of leasehold interest in sixteenth section 
 land acquired only the soil, where the lessee had sold the timber to 
 one who paid the taxes thereon. Caston v. Pine Lumber Co., 110 Miss. 
 165, 69 So. 668. 
 
 Sec. 7511 Hemingways Code. 
 
 4701. Counties to have control. The several counties 
 wherein are situated any of such lands have, through their 
 respective boards of supervisors, under the general supervi- 
 sion of the land commissioner, jurisdiction and control 
 thereof, and of all funds arising from any disposition there- 
 of heretofore or hereafter made; and shall cause all such 
 funds to be paid into their respective treasuries, and all 
 notes, bonds, and other securities for the same to be turned 
 over to the county treasurers and duly collected. All funds 
 derived from such lands shall be credited to the proper 
 township and each treasurer shall keep a separate account 
 with each township. Such funds shall not be expended 
 otherwise than for the purpose of education within the 
 township to which they belong but the board of supervisors 
 may appropriate the funds for the erection of necessary 
 buildings and improvements upon the land. The whole of 
 the funds derived from annual payments of rents may be 
 expended, but only the interest of other funds. The boards 
 of supervisors may require additional bonds from the coun- 
 
174 SIXTEENTH SECTIONS 
 
 ty treasurers to protect such funds, but they shall be liable 
 therefor on their offical bonds. All securities heretofore 
 taken for any such funds shall be delivered to the county 
 treasurer and collected as in other cases. 
 
 Schools, see 7386. 
 
 Code 1906. 
 
 Under Code 1906, 4701, an unliquidated claim for wrongfully 
 cutting timber on sixteenth section lands was not within the provisions 
 of Const. 1890, 100, and hence the supervisors had full authority to 
 settle such claim. Eastman, Gardiner & Co. v.Adams, 101 Miss. 460, 
 58 So. 221. 
 
 CHAPTER 220. 
 LAWS 1910. 
 
 Sec. 7512 Hemingway's Code. 
 
 4702. May sell timber. That the board of supervis- 
 ors in counties having control of any sixteenth section of 
 land, or a part of such section or of another section or part 
 of a section taken in lieu of any sixteenth section or a part 
 thereof, reserved for the support of township schools, be, 
 and they are hereby authorized and empowered, to sell the 
 merchantable timber of any and all varieties and wood and 
 gravel and acid iron earth, on such land, or to lease for a 
 term not exceeding three years said lands for turpentine, 
 or pasturage purposes for a term not exceeding one year. 
 The funds arising from the sale of such timber or wood or 
 gravel or acid iron earth or from the lease for turpentine or 
 pasturage purposes shall be credited to the proper township, 
 and the treasurer shall keep a separate account with each 
 township. Such funds shall not be expended but shall be 
 loaned out by the boards of supervisors in the same manner 
 and under the same restrictions as provided by law for the 
 loan and security of other sixteenth section funds. The in- 
 terest arising from such funds shall be expended for the 
 support of the township schools as is provided by law for 
 the expenditure of the interest on other sixteenth sections. 
 
 Code 1906. 
 
 Under Const. 1890, 211, limiting the time for which the state 
 can part with control of school lands, and under Code 1906, 4702 
 
SIXTEENTH SECTIONS 175 
 
 ( 7512, this Code), authorizing the board of supervisors to sell the 
 timber on such lands, the supervisors may permit the purchaser to 
 enter the land to remove the timber, and to burden the land with the 
 support thereof until removed, but they can not grant him an indefi- 
 nite length of time. Dantzler Lumber Co. v. State, 97 Miss. 355, 53 
 So. 1; State v. Blodgett, 110 Miss. 768, 70 So. 710; State v. Dunnam, 
 67 So. 461, not officially reported. 
 
 Under Code 1906, 4702, empowering county supervisors con- 
 trolling school lands to sell the merchantable timber thereon, a cor- 
 poration may lawfully acquire and dispose of such timber for com- 
 mercal purposes. Southern Plantations Co. v. Kennedy Heading Co., 
 104 Miss. 131, 61 So. 166. 
 
 Since under Code 1906, 4702, a corporation may acquire the 
 right to cut timber from sixteenth section land for commercial pur- 
 poses, its warranty that it had the right to sell the timber for such 
 purposes, with an agreement that in the event it had no such right to 
 acquire it for the benefit of the buyer when called on to do so, and 
 in default thereof to refund the purchase-money, was not void as be- 
 ing an agreement to protect the buyer in any illegal act. Southern 
 Plantations Co., v. Kennedy Heading Co., 104 Miss. 131, 61 So. 166. 
 
 A warranty expressly covering all of the timber on a tract can 
 not be restricted by implication because of recitals in other parts of 
 the deed, unless the intention to do so is expressed in unambiguous 
 language, and the fact that the deed on its face shows a part of the 
 land is sixteenth section land is immaterial to the grantee's right to 
 recover for a breach of warranty. Southern Plantations Co. v. Ken- 
 nedy Heading Co., 104 Miss. 131, 61 So. 166. 
 
 A purchaser of timber on sixteenth section land from the 
 lessee, who paid taxes for the timber and subsequently purchased it 
 from the board of supervisors, was the owner of such timber not- 
 withstanding sale of the leasehold interest for taxes. Caston v. Pine 
 Lumber Co., 110 Miss. 165, 69 So. 668. 
 
 CHAPTER 229. 
 LAWS 1916. 
 
 Sec. 7513 Hemingway's Code. 
 
 4703. How funds loaned and secured. That funds 
 arising from the disposition of the sixteenth sections now 
 on hand, and all such as shall accrue, together with all un- 
 expended balances of annual rentals which shall accumulate, 
 
176 SIXTEENTH SECTIONS 
 
 shall be loaned out for terms not exceeding five years, to be 
 fixed by the board of supervisors, and at a rate of interest 
 not less than six per centum, to be likewise fixed, the bor- 
 rower in all cases securing the same by a first trust deed 
 upon improved real estate, duly filed and recorded; but a 
 loan shall not be made until after the borrower shall have 
 furnished, at his own expense, a complete abstract of title 
 to the land offered as security for such loan, and that the 
 certificate of the attorney for the board of supervisors or 
 some reputable attorney satisfactory to the board of super- 
 visors, be attached to said abstract, setting forth that in his 
 opinion the reputed owner has a perfect title to said land 
 that a trust deed executed properly will be a first lien there- 
 on. Provided, however, in all cases that the board of super- 
 visors or a committee therefrom shall have first inspected 
 the proposed security and .appraised same at an amount 
 double the value of the proposed loan, that is to say, no loan 
 shall be made for a greater amount than one-half of the 
 actual value of the land, to be determined by appraisement 
 by the board of supervisors or its committee, and said ap- 
 praisement to be reported in writing and said report record- 
 ed on the minutes of the board of supervisors. When said 
 loan is made the recorded trust deed and the abstract of 
 title shall be turned over to and held by the county treasurer 
 or county depository in which the funds from which the 
 loan made are deposited. But the board of supervisors 
 shall have the authority to lend such funds to the board of 
 trustees of any agricultural high school in the county at a 
 rate of interest heretofore provided for a term not exceed- 
 ing twenty (20) years, for the erection, equipment or repair 
 of county agricultural high schools. The board of super- 
 visors in any county in which sixteenth section school funds 
 shall have <been loaned to the board of trustees of agricult- 
 ural high schools levy annually when other taxes are levied 
 a special tax to be used exclusively in paying the interest on 
 such loans and in providing a sinking fund for their redemp- 
 tion. If any funds shall be loaned or invested in any oth- 
 er manner, each officer concerned in making such loan and 
 investment or suffering the same to be made in violation 
 of the provisions of this section, shall be liable personally 
 and on his official bond for the safety of the funds so 
 loaned. 
 
SIXTEENTH SECTIONS 177 
 
 CHAPTER 142. 
 LAWS 1916. 
 
 Sec. 7514 Hemingway's Code. 
 
 Counties may purchase, hold and dispose of securities 
 pledged for loans from the sixteenth section funds. 
 1. The board of supervisors of the respective counties in 
 the State of Mississippi, are hereby authorized to purchase 
 any real property or other security pledged to any county 
 to secure loans from the sixtenth section funds of any 
 county, at any sale resulting from the default in the pay- 
 ment of the interest or principal of any loan or any part 
 thereof, providing no other bid or offer is made at such 
 sale for an amount equal to the total amount of principal, 
 interest and all cost of such sale, and the party so making 
 such sale is authorized to execute the proper deed of con- 
 veyance for said property to the county so purchasing at 
 such sale, said property or security to be held by said 
 county for the use of sixtenth section funds from which 
 the loan or loans on said security were made ; and the board 
 of supervisors of the county are hereby authorized to sell, 
 rent or lease said property or security either at private or 
 public sale, as the board of supervisors shall deem for the 
 best interest of said sixteenth section funds, such sale or 
 leases to be made for either a cash consideration or part 
 cash and balance in deferred payments, in the discretion of 
 said board, any balance in deferred payments not to exceed 
 two years from date of sale by said board and the county 
 shall have a lien on same for purchase-money as against all 
 persons until paid. 
 
 The deed of conveyance in such cases shall be execut- 
 ed in the name of the county by the president of the board 
 of supervisors, pursuant to an order of the board entered 
 on its minutes. The proceeds of all such sales, rents or 
 leases shall be paid to the proper sixteenth section funds 
 from which the loan origniated, and for which the security 
 so sold was pledged. 
 
 CHAPTER 144. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 4704 of the code of 1906 
 be and the same is hereby amended so as to read as follows : 
 
178 SIXTEENTH SECTIONS 
 
 How school funds used. The available township 
 school funds may be appropriated for the building and re- 
 pair of school houses and the purchase of furniture for the 
 same and all necessary school supplies other than books, 
 for the supply of water and fuel, and for the payment of 
 teachers, both by supplementing the salaries of teachers 
 during the public term and the payment of salaries after 
 the common school term shall expire, and for clearing land, 
 building improvements on, and draining any 16th section 
 lands of the township to which said available funds may be- 
 long. And in cases where children in adjoining townships 
 having available school funds, attend the same school, the 
 trustees of each township shall make a list of the educable 
 children attending such school from each township and file 
 the same during the first month of the term with the coun- 
 ty superintendent of education, to be used by him in de- 
 termining the amount to be paid by each township, and all 
 such funds appropriated to pay or supplement the salaries 
 of teachers shall be paid out on certificate of the county 
 superintendent of education and he shall indicate on each 
 certificate, the township to which the same shall be charged, 
 provided, that whenever available township funds shall be 
 used for the building and repair of schoolhouses and the 
 purchase of furniture and supplies and the improvement of 
 lands, as provided in this section, the same shall be paid out 
 on allowance of the board of supervisors. And the trustees 
 of any township having sixteenth section lands to lease, 
 may, with the approval of the board of supervisors, borrow 
 money to build or make additions to public school buildings 
 of the township, and may pledge the rents arising from or 
 to be derived from the leasing of any sixteenth lands in the 
 township for the payment of the said money so borrowed. 
 The money to be borrowed, and the interest thereon not to 
 exceed the amount of the rent to be received from the leas- 
 ing of the sixteenth section for six years, provided, that any 
 money so borrowed shall not be borrowed for a greater 
 rate of interest than six per cent per annum. 
 
 Sec 2. That this act take effect and be in force from 
 and after its passage. 
 
 CODE 1906. 
 
 Sec. 7516 Hemingway's Code. 
 4705. Trustees of townships They may determine 
 
SIXTEENTH SECTIONS 179 
 
 how to use. The board of supervisors shall annually ap- 
 point three trustees for each township in their respective 
 counties having school lands or funds, or which ought to 
 have such lands or funds ; and the trustees shall recommend 
 to the boards of supervisors the lawful purposes for which 
 the available school funds of their township ought to be ap- 
 propriated, and the same shall be appropriated accordingly. 
 
 Sec. 7517 Hemingway's Code. 
 
 4706. How lands not in cities leased. It is the duty 
 of the superintendent of education of each county, with the 
 approval of the board of supervisors and upon consent be- 
 ing obtained as provided in section 6667, to lease the six- 
 teenth section lands subject to lease and not situated in a 
 city, town, or village, by public or private contract, as the 
 board shall direct, and for the term it shall direct; and he 
 shall take the notes for the rent and turn them over to the 
 county treasurer and attend to their collection. The coun- 
 ty shall have all the rights and remedies for the security and 
 collection of such rent given by law to agricultural land- 
 lords. 
 
 Sec. 7518 Hemingway's Code. 
 
 4707. How lands in cities leased. When any of such 
 lands are situated in a city, town, or village, and the same 
 are or become subject to lease, the board of supervisors 
 shall appoint three disinterested freeholders of the county 
 to be appraisers, whose duty it shall be to appraise and re- 
 port to the board the actual annual rental value of each lot 
 or parcel thereof, with the improvements, if any, for a 
 term of twenty-five years. The board shall determine 
 whether the same be the reasonable value thereof, subject 
 to appeal to the circuit court by any person interested, on 
 behalf of the township. 
 
 Sec 7519 Hemingway's Code. 
 
 4708. Appeal and further proceedings. The circuit 
 court, on appeal, which shall be granted by the board of 
 supervisors on application in writing and the execution of a 
 bond conditioned to pay the costs unless the rent shall be in- 
 creased, may determine whether the appraisement be rea- 
 sonable, and may hear proof and fix the reasonable rental 
 value thereof, by the verdict of a jury or otherwise. When 
 the rental value shall be finally fixed, the bona fide lease- 
 holder of the expired or unexpired term, if any such there 
 
180 SIXTEENTH SECTIONS 
 
 be, shall have the preference to take the land and improve- 
 ments, if any, for the term of twenty-five years, at the 
 annual rental so fixed ; and the superintendent of education 
 shall see that the proper lease be executed in duplicate, duly 
 recorded, and one part delivered to the county treasurer; 
 and, if the last leaseholder do not within ten days execute 
 the lease the superintendent may lease the same on the 
 terms fixed to the person who will apply within thirty days, 
 and he may do the same if there be no former leaseholder ; 
 but, if some person do not so apply and execute the proper 
 lease, he shall lease the same for one year, and continue to 
 so lease it unless some person within ten years of the date of 
 fixing the value, shall execute a lease of the same for the 
 remainder of the term of twenty-five years at the rental so 
 fixed. At the expiration of ten years, where some person 
 has not taken the term, or if the term be taken and expire, 
 appraisers shall again be appointed and the like proceedings 
 had. 
 
 Sec. 7520 Hemingway's Code. 
 
 4709 Whether subject to lease determined. The 
 chancery courts have jurisdiction to determine on bill or 
 petition what lands are or may be subject to lease under the 
 provisions of this chapter; but all sixteenth sections, or 
 lands taken in lieu thereof, are presumed to be so subject, 
 unless the contrary be clearly shown. 
 
 CHAPTER 252. 
 LAWS 1914. 
 
 Sec. 7521 Hemingway's Code. 
 
 4710. Township divided by county line. Where a 
 township is divided so that parts are situated in different 
 counties, the county in which the section or lands in lieu 
 thereof may be situated shall have jurisdiction thereof, and 
 of the funds derived from it; and if the section or lands in 
 lieu thereof be in several counties, each county has jurisdic- 
 tion of the part lying in it, or the counties may co-operate in 
 the management thereof ; but in any case the fund shall be 
 accounted therefor with each county according to the num- 
 ber of educable children in the part of the township in it as 
 compared with the whole number in the township. And 
 any county now having and hereafter receiving or collecting 
 funds belonging to another county shall immediately there- 
 
SIXTEENTH SECTIONS 181 
 
 after pay over such funds, transfer and assign all notes, 
 deeds of trust and security for funds loaned out to the treas- 
 ury of the county entitled thereto 
 
 CODE 1906. 
 
 Sec. 7522 Hemingway's Code. 
 
 4711. Consent of inhabitants to leases. The consent 
 of the inhabitants of a township to the leasing of the six- 
 teenth section lands shall be obtained by the township trus- 
 tees in the following manner: They shall give notice by 
 posting in three or more public places in the township for at 
 least five days and call a meeting of the heads of families 
 in the township, to be held at a conveniently located school 
 house therein, on a Saturday to be named in the notice. On 
 the day named the trustee shall attend, organize the meet- 
 ing, and take the sense thereof as to whether the lands shall 
 be leased for a term of years. Unless the inhabitants thus 
 consent, the lands shall not be leased for a longer term than 
 one year. The consent, or refusal of consent, shall be 
 certified to the board of supervisors at its next or a subse- 
 quent meeting, by the trustees, under oath ; and the certifi- 
 cate of the trustees shall be conclusive of the facts stated 
 therein three months after the adjournment of the meeting 
 at which the certificate shall be spread upon the minutes 
 of the board. 
 
 Sec. 7523 Hemingway's Code. 
 
 4712. Certain lands in lieu of. The land commission- 
 er shall ascertain the townships entitled to participate in 
 the distribution of the thirty thousand eight hundred 
 
 "and twenty-nine and sixteen one-hundredths acres of land 
 in Hancock county received in lieu of sixteenth sections, and 
 he shall, with the aid of the governor and attorney-general, 
 allot the land ratably to the proper townships of the several 
 counties, and notify the board of supervisors of the allot- 
 ment ; and thereafter the land shall be dealt with in all re- 
 spects as other sixteenth section lands, notwithstanding 
 their location outside of the counties interested. If any 
 of said lands be found to be in Pearl River county, they 
 shall likewise be so allotted. 
 
 Sec. 7524 Hemingway's Code. 
 
 4713. Expenses. All expenses incurred by the boards 
 of supervisors in the performance of their duties under 
 
182 SIXTEENTH SECTIONS 
 
 the provisions of this chapter shall be paid out of the prop- 
 er sixteenth section funds; but if there be no such funds, 
 then out of the county treasury. 
 
 Sec. 7525 Hemingway's Code. 
 
 4714. Sixteenth section or school lands Lease 
 may be confirmed and quieted. Any person holding or 
 claiming any sixteenth section or school land, under a lease 
 heretofore made by the board of supervisors, or by their au- 
 thority or direction, may proceed by bill in the chancery 
 court to have such lease confirmed and quieted. He shall 
 set forth in his bill his claim or title under the lease which 
 he asks to have confirmed the date of such lease, to whom 
 made the consideration and the amount paid and to be paid, 
 if any. The president of the board of supervisors of the 
 county in which suit is filed and in which the land may be 
 located shall be made a party defendant and process shall be 
 served on him as in other cases in chancery. Such suits 
 shall be brought in the county in which the sixteenth section 
 or some part thereof is located and shall be proceeded with 
 as in other cases in chancery, except that the bill shall not 
 be taken as confessed; and it shall be competent for the 
 court to hear and consider evidence aliunde the records of 
 the board of supervisors as to whether the lease sought to 
 be confirmed was legally made, and whether the complain- 
 ant is entitled to relief. If it 'be clearly proven that the 
 requirements of law regulating such leases were complied 
 with, the proper relief shall be granted even though the 
 records contain no such affirmative showing. The party 
 claiming title under such lease shall be entitled to the bene- 
 fits of this section whether the suit be filed by him or by 
 the county, as required by this chapter. 
 
 Sec. 75?6 Hemingway's Code. 
 
 4715. Decree of confirmation to be issued. Should 
 the court be of the opinion that the complainant is entitled 
 to relief, it shall decree a confirmation of the lease under 
 which complainant claims fix the date of its commencement 
 and termination and such decree shall vest in the complain- 
 ant a good and perfect title to the term of the lease for the 
 time fixed in such decree ; but nothing in this or the preced- 
 ing section shall be construed as releasing any person from 
 the payment in full of any balance that may be due on any 
 lease, under which he may claim or hold any or all of such 
 sixteenth section or school land, but he must either pay or 
 
SIXTEENTH SECTIONS 183 
 
 tender in court any balance that may be due as aforesaid 
 before the relief prayed for shall be granted. 
 
 CHAPTER 275. 
 LAWS 1914. 
 
 Sec. 7527 Hemingway's Code. 
 
 4716. // lease illegally made court may have account 
 stated. Should it appear to the court that the lease under 
 which complainant holds or claims title was illegally made 
 and void, then the court may proceed to have an account 
 stated of the amount of money, principal and interest, which 
 has actually been paid in consideration for such lease by 
 the complainant and those under whom he may claim, and 
 an account of the rents, issues and profits arising from 
 said land, less the cost of any necessary, permanent, valu- 
 able and not ornamental improvements made upon said 
 lands, and may decree any excess of money paid, and inter- 
 est and costs of improvements over the rents, issues and 
 profits to complainant, and such decree shall be a lien upon 
 the rents, issues and profits accrued, or to accrue, from the 
 particular sixteenth section involved in such suit until the 
 same is fully paid and satisfied, and upon the rendition of 
 such decree the clerk of the board of supervisors shall issue 
 a warrant for the amount decreed to be paid to the complain- 
 ant against the funds of such sixteenth section, and the same 
 shall be paid out of the first available money to the credit of 
 such fund. Any excess in the amounts of the rents, issues 
 and profits, after deducting the cost of improvements and 
 amount paid by complainant, shall be decreed against him, 
 together with a writ of possession in favor of the defend- 
 ant. All court costs in suits brought under section 4714 
 of this chapter shall be paid by the party or parties seeking 
 relief under the provisions hereof. 
 
 Code 1906. 
 
 Code 1906, 4695-4716, confer on the counties all powers neces- 
 sary to carry out the purpose of the grant of jurisdiction and control, 
 and a county may sue for waste committed in cutting timber from a 
 sixteenth section. Jefferson Davis County v. James-Sumrall Lumber 
 Co., 94 Miss. 530, 49 So. 611. 
 
 Code 1906, 4695-4716, is within the power of the state and is 
 not a delegation of power within the rule prohibiting the delegation 
 
184 SIXTEENTH SECTIONS 
 
 of power, for a "county" is a mere political subdivision of the state, 
 created to act for the state in local matters, and the state in thus 
 dealing with the sixteenth section of land acts through a govern- 
 mental agency. Jefferson Davis County v. James-Sumrall Lumber 
 Co., 94 Miss | 550, 49 So. 611. 
 
 CHAPTER 177 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That chapter 140 of the laws of 1916 
 be amended to read as follows: That the board of super- 
 visors of the counties in the state of Mississippi that are 
 entitled to participate in the distribution of the thirty 
 thousand, eight hundred and twenty-nine and 16-100, (30,- 
 829.16) acres of land in Hancock county, in said state re- 
 ceived in lieu of sixteenth sections, be, and they are hereby 
 required to employ and contract with one or more compe- 
 tent persons to go upon said lands and examine and inspect 
 the same and to divide and allot and assign to each county 
 interested therein, the lands of such county, in sev- 
 eralty by proper description so that the land belong- 
 ing to any county can be easily located and identified. Such 
 person or persons so employed and contracted with, shall 
 furnish the said county a map or plat showing by specific 
 and sufficient description the particular lands allotted and 
 assigned to such county as approved by the attorney gen- 
 eral as hereinafter provided. And where more than one 
 township in a county is interested in said lands in Hancock 
 county, such person or persons shall furnish to the county a 
 map or plat showing by specific and sufficient description 
 the particular lands allotted and assigned to each township 
 in such county. 
 
 Sec. 2. That the person or persons so employed and 
 contracted with, shall take an oath to honestly, faithfully 
 and impartially make the division, allotment, assignment 
 and description directed to be made, and otherwise perform 
 the duties required of them under this act to the best of his 
 or their skill, knowledge and judgment and such person and 
 if more than one, then each of them shall enter into bond 
 with good and sufficient sureties to be filed and approved 
 by the attorney general of the state, payable jointly to all 
 counties contracted with by such party or parties, in the 
 
SIXTEENTH SECTIONS 185 
 
 sum of two thousand dollars, ($2,000.00) conditioned that 
 he or they will make the partition and .division and allot- 
 ment and assignment in accordance with law and this act, 
 within twelve months from the date of the approval of the 
 bond. 
 
 Sec. 3. That the expenses incurred by the several 
 boards of supervisors or the attorney general under this act 
 shall be paid out of the sixteenth section funds of the town- 
 ship in said counties interested in said lands in Hancock 
 county if the boards of supervisors can not pay from such 
 funds, then such payment shall be made out of the general 
 county fund of the several counties. But such expense 
 shall not exceed in the aggregate twenty-two cents an acre. 
 
 Sec. 4. Should any county entitled to participate in 
 the division of the lieu lands situated in Hancock county fail 
 to make contract for its proper division, allotment, assign- 
 ment and description within eight months after the passage 
 of this act, the attorney general of the state is authorized 
 and empowered on behalf of such county to contract with 
 such party or parties having the largest amount of contracts 
 from the counties entitled to participate in the lieu lands, 
 for and on behalf of the county or counties so failing to act. 
 
 Sec. 5. All counties failing to make proper arrange- 
 ments for the allotment, division, assignment and descrip- 
 tion of the lieu lands as provided for herein shall be liable 
 to the party contracted with by the attorney general, and 
 after the work is completed and approved, as herein provid- 
 ed, the party or parties may maintain action against the 
 county to recover the amount due him or them on such con- 
 tract made by the board of supervisors or the attorney gen- 
 eral. 
 
 Sec. 6. The party or parties making the allotment, 
 division, partition and assignment of the lieu lands herein, 
 shall submit same to attorney general for his approval and 
 shall file with the land office the plat or map or other docu- 
 ments as approved by the attorney general, a copy of which 
 he or they shall send to each county whose land was alloted, 
 divided, assigned and described. 
 
 Sec. 7. Upon the approval of the division, allotment 
 and description by the attorney general as filed in the land 
 office, the titles to such lands by each township shall vest 
 
186 SIXTEENTH SECTIONS 
 
 and belong to the township, as therein divided, alloted and 
 described. 
 
 Sec. 8. Should any of these lieu lands now be located 
 in Pearl River county because of change in county line be- 
 tween Hancock and Pearl River county, this act shall ap- 
 ply to the said lieu lands in the same manner as those lo- 
 cated in Hancock county. 
 
 Sec. 9. That this act take effect and be in force from 
 and after its passage. 
 
 CHAPTER 140. 
 LAWS 1916. 
 
 Sec. 7529 Hemingway's Code. 
 
 Oath and bond required of persons employed to make 
 allotment. 2. That the person or persons so employed and 
 contracted with shall take an oath to honestly, faithfully 
 and impartially make the partition and division, the allot- 
 ment and assignment directed to be made, and otherwise to 
 perform the duties required of them under this act to the 
 best of his or their skill, knowledge and judgment. And 
 such person, and if more than one then each of them, shall 
 enter into bond with good and sufficient sureties to be ap- 
 proved by the board of supervisors of the county, or the 
 president of the board of supervisors of the county, payable 
 to each county so employing and contracting with him or 
 them in a penalty of one thousand dollars ($1,000.00) con- 
 ditioned that he or they will make a partition and division 
 and allotment and assignment in accordance with law and 
 this legislative act, within twelve (12) months from the 
 date of the contract of employment. 
 
 Chap. HO^Laws 1916. Sec. 7530 Hemingway's Code. 
 
 Expense of distribution Hoiv made 3. That the ex- 
 penses incurred by the several boards of supervisors under 
 this act shall be paid out of the sixteenth section funds of 
 the townships in said counties interested in said lands in 
 Hancock county, if there be such funds ; and if there be no 
 such funds, then such payment shall be made out of the gen- 
 eral county fund of the several counties. 
 
SIXTEENTH SECTIONS 187 
 
 CHAPTER 2j52. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That every person whose ninety-nine 
 year lease to sixteenth section school lands in this state shall 
 hereafter expire shall be entitled to a credit for all perma- 
 nent improvements hereafter put on said land. 
 
 Sec. 2. The value of such improvements shall be as- 
 certained and fixed by the board of supervisors with the 
 right of appeal to the circuit court by any such lessee or by 
 any person interested on behalf of the township. 
 
 Sec. 3. The lessee shall not be entitled to any such 
 payment in cash by the board of supervisors, but shall be 
 entitled to have the value of such improvements applied as 
 a credit on any new lease which he may make with the 
 board of supervisors for the land on which such improve- 
 ments are situated. 
 
 Sec. 4. This act shall take effect and be in force from 
 and after the date of its passage. 
 
 CHAPTER 249. 
 LAWS 1918. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That it shall be the duty of the county 
 superintendent of education to collect all rents due for the 
 lease of sixteenth section school lands, and all interest and 
 principal due on loans made out of the sixteenth section 
 school funds of his county, and to account for the same to 
 the board of supervisors. That the board of supervisors 
 shall turn all such funds over to the county treasurer, tak- 
 ing the usual vouchers therefor, and see that funds of 
 each sixteenth section is properly credited to it; provided 
 that all evidences of indebtedness shall include a provision 
 for the payment of ten per cent attorney's fee in case of 
 default. 
 
 Sec 2. Such superintendent may employ an attorney 
 to aid him in collecting any such funds when, in his opinion, 
 the same is necessary, and pay for the same out of the funds 
 collected, not to exceed in any case, ten per cent of the 
 amount actually collected. 
 
 Sec. 3. That this act take effect and be in force from 
 and after its passage. 
 
188 ILLITERACY COMMISSION 
 
 ILLITERACY COMMISSION 
 
 CHAPTER 110. 
 LAWS 1916. 
 
 Sec. 4922 Hemingway's Code. 
 
 Creating a state illiteracy commission. 1. There is 
 hereby created a commission to be known as "The Missis- 
 sippi Illiteracy Commission/' which shall be composed of 
 five persons, both men and women, including the state su- 
 perintendent of education, who shall be ex officio a member 
 thereof. The commissioners shall be appointed by the" state 
 superintendent of education and shall be selected for their 
 fitness, ability and experience in matters of education, and 
 their acquaintance with the conditions of illiteracy in the 
 state of Mississippi and its various communities. 
 
 Chap. 110, Laws 1916. Sec. 4923 Hemingway's Code. 
 
 Commission made a body corporate Officers of same. 
 2. That the members of the commission shall be and are 
 'hereby constituted a body corporate with all the powers 
 necessary to carry into effect all the purposes of this act. 
 The commissioners, after their appointment and qualifica- 
 tions, shall organize by electing from their membership a 
 president and a secretary-treasurer. The secretary-treas- 
 urer shall execute a bond to the state of Mississippi in a 
 reputable bonding company and in such an amount as the 
 commission may approve, for the faithful performance of 
 the duties of his office and for the proper handling and ac- 
 counting of all properties and moneys which may come into 
 his hands by virtue of his office; provided, that the secre- 
 tary-treasurer may be removed by the commission and a 
 successor appointed by the commission, in its discretion. 
 
 Chap. 110, Laws 1916. Sec 4924 Hemingway's Code. 
 
 Collection of data as to adult illiteracy. 3. That it 
 shall be the duty of the commission and it shall have the 
 power to make research, collect data, and procure the ser- 
 vices of any and all communities of the state looking to the 
 obtaining of a more detailed and definite knowledge as to 
 the true conditions of the state in regard to its adult illiter- 
 acy, and report regularly the results of its labors to the 
 governor, and to perform any other act which in its discre- 
 tion will contribute to the elimination of the state's adult 
 
SCHOOL LAWS OF MISSISSIPPI 189 
 
 illiteracy by means of the education and enlightenment of 
 illiterate persons in the state of Mississippi; and the com- 
 mission shall expend any funds or use anything of value it 
 may receive in accordance with such regulations as it may 
 from time to time adopt ; provided, however, that any or all 
 funds which may come into the hands of the commission 
 shall be expended in keeping with the general purposes of 
 this act 
 
 Chap. 110, Laws 1916. Sec. 4925 Hemingway's Code. 
 
 Commission may adopt its own rules 4. That the 
 commission shall adopt such rules and regulations as may 
 seem expedient for carrying on its business in a manner 
 which shall seem to it most satisfactory. 
 
 Chap. 110, Laws 1916. Sec. 4926 Hemingway's Code. 
 
 Members to receive their expenses only. 5. That the 
 members of this commission shall receive no compensation 
 for their services nor expenses of any kind out of the state 
 treasury, but they shall be reimbursed out of any funds 
 which may come into the hands of the commission from 
 other sources for the use of the commission for their actual 
 traveling and other necessary expenses incurred in the per- 
 formance of their duty. 
 
 Sec. 4927 Hemingway's Code. 
 
 No appropriation to be made. 6. That no appropria- 
 tion shall be made in aid of the commission created in sec- 
 tion 1 of this act from any state fund. 
 
 HOUSE BILL No. 364. 
 
 AN ACT to amend section 2531 of the Mississippi code of 1906 so 
 as to change the number of years for free tuition in the Missis- 
 sippi State College for Women. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 2531 of the Mississippi 
 code of 1906, be and the same is hereby amended to read as 
 follows : 
 
 2531. Tuition free and not free. Tuition shall be 
 free for four years and no longer, to girls of this state in all 
 branches, except in music; and the trustees shall fix the 
 amount of tuition to be paid by girls from other states ; 
 which shall not be less than cost to the state; the trustees 
 
190 SCHOOL LAWS OF MISSISSIPPI 
 
 shall also fix the tuition for music, and provide instruments 
 and salaried teachers of music. Music pupils who expect 
 to follow music teaching as a vocation need not take any 
 industrial, but such pupils shall have the right to take any 
 of the industrials if they so desire. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 10, 1922. 
 
 HOUSE BILL No. 35. 
 
 AN ACT to require the state board of education to prescribe a course 
 of moral training for public schools and to enforce its use. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi that the board of education is hereby 
 directed to prepare or cause to be prepared a suitable course 
 of instruction in the principles of morality and good man- 
 ners to be used in all of the public schools of the state. That 
 such course shall include what is known as the Mosaic Ten 
 Commandments and may be graded and may be formulated 
 with the idea that a certain amount of time will be devoted 
 to it. Provided, that no doctrinal nor sectarian teaching 
 shall be permitted in any public school in this state, and 
 provided that no pupil shall be required to attend the 
 course provided for herein when the parent or parents or 
 guardian of said pupil shall so request in writing filed with 
 the superintendent or teacher. 
 
 That when so prepared and published such course shall 
 be used in all the public schools of the state. That it shall 
 be the duty of the several county and city superintendents 
 of schools to see that the provisions of this act are carried 
 out. There are not to be any extra employees under this 
 act, either state or county. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 7, 1922. 
 
SCHOOL LAWS OF MISSISSIPPI 191 
 
 HOUSE BILL No. 365. 
 
 AN ACT to amend section 2535 of the Mississippi code of 1906, regu- 
 lating the apportionment and appointment of students in the 
 Mississippi State College for Women. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 2535, of the Mississippi 
 Code of 1906, be and the same is hereby amended to read 
 as follows : 
 
 Apportionment of Students Duty of Superintendents. 
 
 The superintendent of education of each county, after 
 due notice published, shall examine applicants, not qualified 
 to enter by certificate from an accredited school, upon 
 questions prepared and submitted by the president, and, 
 with the consent of the board of supervisors, give certifi- 
 cates of selection to the number of girls to which his county 
 is entitled, in addition to those already in college, if any. 
 County superintendents shall make their appointments of 
 students to the college not later than August 1 of each year. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 Approved March 10, 1922. 
 
 HOUSE BILL No. 396. 
 
 AN ACT to amend section 13 chapter 119 of the laws of Mississippi, 
 1910, to provide for the granting of baccalaureate degrees at the 
 Mississippi Normal College. 
 
 Section 1. Be it enacted by the Legislature of the 
 State of Mississippi, That section 13 chapter 119 of the laws 
 of the State of Mississippi, 1910, be amended so as to read 
 as follows : The course of instruction in the said Missis- 
 sippi Normal College shall be so arranged as to fall into 
 three divisions; the satisfactory completion of the first of 
 said divisions shall be evidenced by a certificate ; the satis- 
 factory completion of the second by a diploma ; and the sat- 
 isfactory completion of the third by a baccalaureate degree 
 diploma. Said courses and the successful passage of all 
 examinations therein shall be submitted annually to the 
 state board of education and, upon their approval, evidenced 
 by the signature of the president of the state board of edu- 
 cation, said certificate shall be a first grade state license 
 
192 SCHOOL LAWS OF MISSISSIPPI 
 
 for a period of five years from its date, and said diploma 
 and said baccalaureate degree diploma shall be professional 
 licenses, as provided by section 5553 of the code of 1906. 
 
 Sec. 2. That this act take effect and be in force from 
 and after its passage. 
 
 Approved February 27, 1922. 
 
HOLIDAYS 193 
 
 HOLIDAYS. 
 
 CHAPTER 125. 
 
 LAWS 1916. 
 Sec. 2043 Hemingway's Code. 
 
 That after the issuance of a proclamation by the gov- 
 ernor in any year hereinafter designating a day to be ob- 
 served as Thanksgiving day, that all the public schools 
 taught in the state shall observe the day as Thanksgiving 
 day and it shall be declared a legal holiday for all public 
 schools, and no sesion shall be held during that day. 
 
 That the observance of the day by the teachers of pub- 
 lic schools shall not be deducted from their reports made to 
 the county superintendents of education, but that they -shall 
 be allowed pay for full time as though they had taught on 
 this day. 
 
 A CODE OF ETHICS FOR MISSISSIPPI TEACHERS. 
 
 1. No teacher should lend his or her name in a'nyway 
 whatsoever in a situation which has arisen from attack up- 
 on a teacher for personal or political reasons. 
 
 2. A teacher should not sever a contract with a school 
 board without sufficient notice, and then only if to do so is 
 in conformity with the rules and regulations under which 
 the teacher entered into the contract. In the contrary no 
 teacher should be displaced without timely warning. 
 
 3. To apply for a position held by another and not 
 known positively to be vacant is a violation of professional 
 ethics. Nor should a teacher enter into negotiations with 
 school authorities regarding a position that has not been 
 formally and officially declared vacant. This, however, 
 shall never be construed as precluding the right of teachers 
 to direct letters of inquiry to educational authorities as to 
 probable vacancies in schools or school systems. Advance- 
 ment or a change of position should not be sought through 
 criticism of another teacher. 
 
 4. A situation may develop in a community in which 
 no ambitious or self-respecting teacher could hope to suc- 
 ceed. Under such circumstances others in the profession 
 
194 CODE OF ETHICS OF MISSISSIPPI TEACHERS 
 
 should inform prospective candidates of existing conditions; 
 and it should be considered unethical to accept such a posi- 
 tion without a change in conditions. 
 
 5. Teachers should not make special requests to indi- 
 vidual members of the school board. If an unusual or ex- 
 traordinary condition should arise a teacher may go direct 
 to the board, but this should be done with the full knowl- 
 edge of the superintendent or principal. The practice of 
 teachers going direct to the board with compliants or for 
 favors should be condemned as opposed to a professional 
 spirit and a counter to principles of successful organization 
 and management. 
 
 6. A superintendent or principal should regard him- 
 self as in honor bound to accord any teacher due considera- 
 tion and justice, and be prepared to give any complaint a 
 fair and impartial hearing. His attitude towards his teach- 
 er should be governed by the principle of merit alone. 
 
 7. That harmony and amity may prevail in the work 
 of the school, teachers should observe a respectful attitude 
 towards each other and to the principal and superintendent 
 of the schools. They should not indulge in criticism of each 
 other or of the principal or superintendent, excepting when 
 the good of the school is involved and then only under con- 
 ditions which will permit of defense. 
 
 8. It is most unprofessional and unethical for a school 
 superintendent or principal to issue a testimonial to a teach- 
 er ascribing qualifications which she does not possess. In 
 giving a verbal or confidential estimate of a teacher's quali- 
 fications for a position, school men should be absolutely 
 frank with one another and altogether act without any men- 
 tal reservation whatever. 
 
 9. It is unethical for a teacher to recommend to any 
 school board a teacher for a definite position unless said 
 position has been officially, legally and conclusively declared 
 vacant. 
 
 10. Bad opinion of the members of the Board of Ed- 
 ucation, of a superintendent, or other superior school offi- 
 cial, no matter what the reason for such opinion, can never 
 justify a teacher, or other inferior officer in public expres- 
 sion of such opinions as long as such official relationship 
 exists. Those in authority are in turn, duty bound to 
 
CODE OF ETHICS OF MISSISSIPPI TEACHERS 195 
 
 withhold from the public information and opinions as to 
 the personal qualifications or the personal attainments of 
 teachers so long as said teachers are under contract. 
 
 11. Obtaining and securing positions by fawning upon 
 members of Boards of Education or others in authority by 
 courting their personal favor, or by doubtful relations with 
 them will be regarded as undignified and unethical by re- 
 spectable and self-respecting teachers. The election of 
 teachers to office should be based solely upon merit. No 
 other should be so quick or so zealous to insist upon elec- 
 tions under such a system as teachers themselves. 
 
 12. In communicating with parents or guardians, 
 teachers should exercise the utmost candor. They should 
 hold inviolable information as to the financial limitations 
 of children or wards, their physical or mental defects, their 
 generalogies, or any other information the public discussion 
 or mention of which would tend to prove displeasing or dis- 
 couraging to said parents, guardians, children or wards. 
 
 13. Teachers should fearlessly expose corrupt or dis- 
 honest conduct in the profession, and there should be no 
 hesitancy on the part of teachers in exercising the utmost 
 diligence to disqualify and debar the criminal teacher whose 
 conduct at anytime becomes a reproach to the profession. 
 
 14. It is perfectly proper at all times for teachers to 
 seek preferment and promotion by legitimate means; but 
 any sort of endeavor to establish reputation or to obtain po- 
 sition by inuendo, exploitations, complimentary press no- 
 tices, or advertisements, is undignified and unprofessional. 
 
 15. It is undignified and unprofessional for any 
 teacher desiring to succeed to a given position to use any 
 influence whatever or permit has name to.be used whereby 
 the incumbent may be handicapped or a vacancy created. 
 Social, political, religious or denominational prejudices 
 should never be aroused against an incumbent by a prospec- 
 tive candidate. 
 
 16. A superintendent or other official to whom is dele- 
 gated or entrusted the power to employ teachers should not 
 knowingly employ a teacher without the knowledge and con- 
 sent of the employers of said teacher. 
 
 17. Adverse criticism of a predecessor or of a teacher 
 
196 CODE OF ETHICS OF MISSISSIPPI TEACHERS 
 
 employed in the same system' particularly of a teacher of a 
 lower grade is unethical, and should not be indulged in by 
 those who are mindful and regardful of the dignity of 
 teaching. Such criticism, if made, should be made only 
 with the intent of serving some good end. 
 
 18. It is the duty of every teacher in Mississippi to 
 become a member of the Mississippi State Teachers' Asso- 
 ciation, to pay the membership dues annually, and to re- 
 spond cheerfully to all demands for service made on him by 
 the association. 
 
 19. A committee of t^ree miy be appointed by the 
 president of the State Teachers' Association to investigate 
 charges or reports of violations of this Code of Ethics as 
 heretofore set forth and to render to the president a decision 
 sustaining the said charges or reports or exonerating the 
 teacher. This committee should be so appointed at the 
 written request of any teacher against whom such reports 
 or charges have been made, or at the written request of any 
 teacher deserving to charge another teacher with the viola- 
 tion of the Code of Ethics. 
 
 Respectfully submitted, 
 
 0. A. SHAW, Chairman, 
 
 MISS LANY HOLLAND, Secretary, 
 
 IRA T. GILMER. 
 
 Adopted by the Mississippi Teachers' Association in 
 open session at Columbus, May, 1917. 
 
INDEX irr 
 
 School Laws of Mississippi, 1 923 
 
 ABOLITION OF SEPARATE SCHOOL DISTRICT 8i 
 
 ADDED TERRITORY 
 
 Consolidated Schools 41 
 
 Municipal Separate District 65 
 
 Release of 66 
 
 AGRICULTURAL HIGH SCHOOLS 
 
 Allowance from State 19 
 
 Annual Report 24 
 
 Appropriation 15 
 
 Bonds 27 
 
 County School Board 18 
 
 How Approved 19 
 
 How Established 18 
 
 Horticulture 30 
 
 Joint Schools 23 
 
 Junior Colleges 2S 
 
 Location 26 
 
 Municipalities May Issue Bonds for 25 
 
 Tax Levies for 21, 22 
 
 Trustees 2? 
 
 Uniform Adoption of Books 152 
 
 APPROPRIATIONS 
 
 Agricultural High Schools 15 
 
 Common Schools 14 
 
 Industrial Work Amongst Negroes 17 
 
 Summer Normals 16 
 
 Vocational Education Iti 
 
 Vocational Rehabilitation 17 
 
 ASSUMPTION BONDED INDEBTEDNESS IN CONSTITU- 
 ENT TERRITORY 37 
 
 ATTENDANCE OUT OF PROPER DISTRICT 
 
 Common Schools 61, 65 
 
 Separate School Districts 64, 89 
 
198 INDEX 
 
 BALANCES 06 
 
 BOARD OF EXAMINERS 
 
 County Board 
 
 Appointment and compensation 118 
 
 Examination of Teachers 139, 140 
 
 Subjects on Examination 141 
 
 Vacancies 139 
 
 State Board 
 
 Appointment 145 
 
 Compensation 147 
 
 Duties 145, 119 
 
 Examination of County Superintendent 119 
 
 Members 7 
 
 BOND ISSUES 
 
 Cities of 8,000 or More Inhabitants 61 
 
 Consolidated and Separate School Districts 81 
 
 County, Supervisor's District, or School District GO 
 
 Line Schools 78 
 
 Municipal Separate District 67, 75 
 
 Payment of Bonds 79 
 
 Validation of 36, 40, 79, 84, 111 
 
 BORROWING MONEY 1 74, 72, 73 
 
 CHICKASAW INTEREST FUND Ill 
 
 COMMON SCHOOLS 
 
 Appropriation 14 
 
 Attendance Out of Proper District 51, 64, 65 
 
 Buildings for Entertainment 117 
 
 Chickasaw Interest Fund Ill 
 
 Compulsory Attendance Law 113 
 
 County School Board 48, 49 
 
 Curriculum 141 
 
 Distribution of Funds 98 
 
 Doors to Open 112 
 
 Enumeration of Educable Children 98 
 
 Flags to Be Displayed 117 
 
 Libraries - - 102 
 
INDEX 199 
 
 Moral Training 190 
 
 Pay for Time Lost 89 
 
 Plans for Building 44 
 
 Physical Education, Chapter 161, Laws 1920. 
 
 Salaries of Teachers 88, 91 
 
 Validity of School Districts 68 
 
 Validation of Bonds 36, 40, 79, 84, 111 
 
 Violation of Contracts by Teachers 87 
 
 COMMON SCHOOL FUND 
 
 Appropriation 14 
 
 How Distributed in Counties 95 
 
 flow Disbursed 98 
 
 COMPULSORY ATTENDANCE LAW 113 
 
 CONSOLIDATED SCHOOLS 
 
 Addition of Territory 41 
 
 Area Minimum 34 
 
 Bond Issue for 81 
 
 Bond Issue in Line Schools 78 
 
 Change of Boundary 31 
 
 Elections Affecting 36 
 
 May Sell Old Buildings 39 
 
 Privileges 36 
 
 Tax Levy 34 
 
 Teaching in Old Buildings 41 
 
 Transportation of Pupils 31 
 
 Validation of Bonds 36, 40, 84, 111 
 
 Vocational Education 104 
 
 CONSTITUTION, STATE 11, 12, 13 
 
 COUNTY SCHOOL BOARD 
 
 Change of Boundary, Consolidated Schools 31 
 
 Compensation 49 
 
 Duties 18, 49 
 
 How Appointed , 48 
 
 Line Schools - 50 
 
 Time of Meeting , '. 49 
 
 COUNTY INSTITUTES 135, 136 
 
 COUNTY SCHOOL FUND 
 
 Balances . 98 
 
200 INDEX 
 
 Deficit Not Allowed 95 
 
 How Distributed 95 
 
 How Teachers Paid Where Deficit Occurs 102 
 
 Levy : 94 
 
 Outstanding School Indebtedness 102 
 
 Poll Tax 96 
 
 Transfer From General Fund to School Fund 97 
 
 Two and Three per centum Funds 97 
 
 COUNTY SUPERINTENDENT 
 
 Assistant Teachers 123 
 
 Close Schools in Certain Cases 92 
 
 Collect Sixteenth Section Rents 187 
 
 Compulsory Attendance Law 113 
 
 Deputies ... . 129 
 
 Discontinue a School, When 51 
 
 Disputes in Schools 127 
 
 Duties Generally 121 
 
 Examination of 119 
 
 Furnish Tax Assessor and State Tax Commission Certain 
 
 Information 45 
 
 List of 9 
 
 Office Days - 125 
 
 Office Expenses 120 
 
 Prizes for Club Work 120 
 
 Qualifications 
 
 Record of Trustees 128 
 
 Removal of Teacher or Trustee 127 
 
 Removal From Office by State Board '.. 46' 
 
 Reports 124, 125 
 
 Salary - 126, 116 
 
 Speculation in Teachers' Warrants 
 
 Teachers' Salaries - 88, 91 
 
 Visitation of Schools - 126 
 
 CODE OF ETHICS - 193 
 
 CLUB WORK, PRIZES FOR 130 
 
 CRIPPLES -- 108, 110 
 
 CURRICULUM 141 
 
 DOORS TO OPEN 112 
 
 DAMAGE TO SCHOOL PROPERTY - 101 
 
INDEX 201 
 
 DISTRIBUTION SCHOOL FUND - 98, 14 
 
 EDUCABLE AGE 46 
 
 ENUMERATION OF EDUCABLE CHILDREN 98 
 
 EXAMINATIONS 
 
 Agricultural High School Teachers 144 
 
 Common School Teachers 141, 142 
 
 County Superintendent 119 
 
 Professional Licenses ...: 147 
 
 Special 144 
 
 Vocational 107 
 
 F'LAGS . 117 
 
 HOLIDAYS 193 
 
 ILLITERACY COMMISSION 188 
 
 INDIANS AND OTHER RACES 69 
 
 JUNIOR COLLEGES 28 
 
 LIBRARIES 
 
 Common Schools 102 
 
 Commission 103 
 
 In Certain Counties 10S 
 
 LICENSES 
 
 Agricultural High School Teachers 14 1 
 
 Exemption 143 
 
 First, Second, and Third Grade ! 141, 342 
 
 Graduates of Agricultural High Schools 1-16 
 
 Graduates of Certain Colleges 137, 14a 
 
 How Long Licenses Good 143 
 
 Indian and Other Races 169 
 
 Lost or Destroyed 137 
 
 Professional 147 
 
 Reciprocal 138 
 
 Renewal ." 129 
 
 Transfer to Another County 137, 144 
 
 Vocational ~ - 107 
 
 World War Veteran 148 
 
 LINE SCHOOLS 
 
 Between Counties .. 50 
 
202 INDEX 
 
 Between States 50 
 
 Bond Issue for 78 
 
 MISSISSIPPI NORMAL COLLEGE 191 
 
 MISSISSIPPI STATE COLLEGE FOR WOMEN 189, 191 
 
 MORAL TRAINING 190 
 
 MUNICIPAL SEPARATE SCHOOL DISTRICT 
 
 (See Separate School District.) 
 
 NEPOTISM 38 
 
 PAY FOR TIME LOST, TEACHERS 89 
 
 PAYMENT OF BONDS 7U 
 
 PHYSICAL EDUCATION Chapter 161, Laws 1920 
 
 PLANS FOR SCHOOL BUILDINGS 43 
 
 RELEASE OF ADDED TERRITORY 66 
 
 RENEWAL OF LICENSE 139 
 
 SALARIES 
 
 County Superintendent 126, 116 
 
 Teachers , 88, 91 
 
 SCHOLASTIC YEAR, MONTH, AND DAY 91 
 
 SCHOOL BUILDINGS 
 
 Agricultural High Schools 20 
 
 Damage to School Property 101 
 
 Doors to Open , 112 
 
 Entertainment and Custodian. 117 
 
 May Sell 39 
 
 Plans for 43 
 
 SEPARATE SCHOOL DISTRICT 
 
 Municipal (Separate) 
 
 Added Territory 65 
 
 Attendance Out of Proper District 64, 89 
 
 Bond Issues 75 
 
 Borrowing Money ; 7S 
 
INDEX 203 
 
 Children May Attend County Schools 68 
 
 Consolidation of 71 
 
 County Superintendent's Salary 116 
 
 How Abolished 85 
 
 How Formed : 63 
 
 Junior College 28 
 
 Release of Added Territory 66 
 
 Special Subjects : S5 
 
 Tax Levy and Bond Issue 67 
 
 Transportation of Children Within the District 69 
 
 Transportation of Children Into the District 57 
 
 Treasurer 93, 94 
 
 Trustees 54, 57, 58, 117 
 
 Validity 68 
 
 Validation of Bonds Ill 
 
 Rural (Separate) 
 
 Bond Issue 81 
 
 Bond Issue in Line Schools 78 
 
 How Abolished 85 
 
 How Formed 63 
 
 Line Districts 70 
 
 Location of School Building 86 
 
 Special Subjects 85 
 
 Tax Levy and Bond Issue 67, 70 
 
 Trustees 57, 58 
 
 Validation of Bonds 84 
 
 SEPARATE DISTRICTS FOR THE RACES 49 
 
 SIXTEENTH SECTIONS 
 
 County Superintendent to Collect Rents 187 
 
 General Law 169 
 
 Lieu Lands 184 
 
 Trustees 178, 170 
 
 STATE BOARD OF EDUCATION 
 
 Dirties 
 
 Approve A H. S. Building Plans and Course of Study 20 
 
 Decide Appeals - 46, 47 
 
 Designate Arbor Day 48 
 
 Disburse Equalizing School Fund - 14 
 
 Remove County Superintendent in Certain Cases 46 
 
204 INDEX 
 
 Members .' 7 ? n 
 
 STATE COLLEGES 8 
 
 STATE DEPARTMENT OF EDUCATION 6 
 
 STATE OFFICERS 6 
 
 STATE SUPERINTENDENT 
 
 Approve Agricultural High Schools 19 
 
 Apportion State School Fund 131 
 
 Confer With County Superintendents 133 
 
 Furnish Blank Books, etc., to School Officials 133 
 
 General Supervision School System 11 
 
 Member A. H. S. and Common School Text Book Commis- 
 sions 152, 156 
 
 Member Board Trustees Geological Survey, H. C., 4737. 
 
 Member State Board of Education 11 
 
 Official Opinions 133 
 
 Require Reports from County Superintendents 133 
 
 Reports to Legislature 132, 24 
 
 Trustee University and Colleges : 132 
 
 Trustee Fayette High School, Chapter 118, Laws 1898. 
 Qualifications 11 
 
 STATE SUPERINTENDENTS, BIOGRAPHICAL SKETCHES.... 2 
 
 SUMMER NORMALS 135 
 
 SUPREME COURT JUDGES 6 
 
 TAX LEVIES 
 
 Agricultural High Schools 21, 22 
 
 Consolidated Schools 34 
 
 County Levy ~ 94 
 
 Fuel Tax o2 
 
 Municipality Not in Separate District 59 
 
 Rural Schools 58 
 
 Separate Districts _.... 67, 70 
 
 TEACHERS 
 
 Age of Teachers 143 
 
 Agricultural High School Teachers 123 
 
 Code of Ethics 193 
 
 Compulsory Attendance Law 113 
 
INDEX 205 
 
 Contracts 86 
 
 Criminal to Abuse 101 
 
 Enumeration of Children 90 
 
 Exemption License 143 
 
 General Rules for 101 
 
 License Lost or Destroyed 137 
 
 License of Principal 8G 
 
 Not To Be Interested in Sale of Books 101 
 
 Obedience of Pupils 100 
 
 Pay for Time Lost 89 
 
 Penalty for Receiving Assistance 142 
 
 Renewal of License 139 
 
 Report to County Superintendent 89, 90 
 
 Salaries 88, 91 
 
 Transfer of License 137, 144 
 
 Violation of Contract 87 
 
 TEXT BOOKS 
 
 Commission 
 
 Agricultural High Schools 8 
 
 Common Schools 8 
 
 Exchange Price 155 
 
 In Inter-State Schools 51 
 
 Filing Law for High Schools 149 
 
 Uniform Adoption Agricultural High Schools ,152 
 
 Uniform Adoption Common Schools 156 
 
 TRANSPORTATION , 31, 57, 69 
 
 TRUSTEES 
 
 Agricultural High Schools 22 
 
 Consolidated and Common Schools 
 
 Duties Generally 53, 90, 92 
 
 Number, How Elected, Qualifications etc 51 
 
 Organization, Removal 52 
 
 Vacancies, How Filled 52 
 
 Line Schools 50 
 
 Separate School District (Municipal) 
 
 Duties 54, 58, 117 
 
 How Chosen . 57 
 
206 INDEX 
 
 Separate District (Rural) 57, 58 
 
 Sixteenth Section Township 178, 179 
 
 State Normal College 8 
 
 Transportation 31, 69, 57 
 
 University and Colleges 7 
 
 VALIDITY OF ALL SCHOOL DISTRICTS 68 
 
 VALIDITY OF BONDS 36, 40. 84, 111 
 
 VISITING NURSES AND PHYSCAL INSTRUCTORS 55 
 
 VOCATIONAL EDUCATION 
 
 Appropriation 107 
 
 General Provisions 104 
 
 Rehabilitation of Cripples 108, 110 
 
I I 
 
 
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 UNIVERSITY OF CALIFORNIA LIBRARY