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 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