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