DEC 181911 GIFT LIBRARY OF THE UNIVERSITY OF CALIFORNIA. GIFT OF Class V THF. SCHOOL LAW OF INDIANA With Annotations, STATE CONSTITUTION ISSUED BY CHARLES. A. GREATHOLSE, State Superintendent of Public Instruction. INDEXED BY ETHEL CLELAND. INDIANAPOLIS: 1911 COUNTY SUPERINTENDENTS OF INDI ELECTED JUNE 5, 1911, FOR FOUR YEARS. COUNTY. NAME. ADDRESS. Adams *L. E. Opliger Decatur. Allen *Henrv G. Felger Fort Wayne. Bartholomew . . . "Charles E. Talkington Columbus. Benton .... "Charles H. Dodson Fowler. Blackford . . . *M. Clifford Townsend . . Hartford City. Boone . . Edgar M. Servios Lebanon. Brown . . . . Sylvester Barnes Nashville. Carroll . . . . "Philip B. Hemmig Delphi. Cass V L Frantz Logansport. Clark "Samuel L. Scott Jeffersonville. Clay . . . "Willis E. Akre. . ..- Brazil. Clinton Marion W Salmon Frankfort. Cra\vf ord . "Stuart A. Beals English. Daviess .*Alva O. Fulkerson Washington. Dearborn "George C Cole Lawrenceburg. Decatur . . . . "Edgar Mendenhall Greensburg. Dekalb ...'.. Lida Leasure Auburn. Delaware Ernest J. Black Muncie. Dubois ... "William Melchior Jasper. Elkhart . . . . "A. E. Weaver Goshen. Fayette . . . . "Claude L. Trusler Connersville. Floyd Glenn V Scott \^ew Albanv Fountain .... "Manford F. Livengood . Covington. Franklin *T. J. McCarty Brookville. Fulton . Henry L. Becker Rochester. Gibson Wilbur F. Fisher Princeton. Grant Charles H. Terrell Marion. Greene Daniel C. Mclntosh Bloomfield. Hamilton .... "John F. Haines Noblesville. Hancock .... George J. Richman Greenfield. Harrison .... Arville O. Deweese . . Corydon. Hendricks . . . Theo. T. Martin Danville. Henry "Harry B. Roberts New Castle. Howard . . . .* Albert F. Hutson Kokomo. Huntington .... Clifford Funderburg Huntington, Jackson . "Jeremiah E. Payne Brownsto\vn. Jasper .... "Ernest Lamson Rensselaer. Jay . . "William R. Armstrong. . Portland. Jefferson . . Joseph H. Hanna Madison. Jennings ...-". Leland E. Shuck Vernon. Johnson . . "Jesse C. Webb Franklin. Knox . "Edgar N. Haskins Vincennes. Kosc-iusko . . ."Edson B. Surber Warsaw. Lagrange .... Frederick G. Smeltzly Lagrange. Lake.. . ."Frank F. Heighwav. . . Crown Point. 225967 I AW OF INDIANA. COUNTY. NAME. Laporte *Fred R. Farnam Lawrence . Lawrence B. Sander? VT Q f\ i Q /-vn *James W Frazier iYla/vlloUIl Marion . .*LeeE. Swails Marshall Louis E. Steinebach ..... Martin Charles O. Williams A/fl QTYll *E B Wetherow .\ 1 1 * 1 1 1 1 1 A/Trvnvnp *William H Jones iVlOJllUt/ Montgomery . . . ...*OtisE. Hall Morgan *William D. Curtis Newton *William O. Schanlaub Noble *William A. Beane Ohio *Charles H. French Orange "Claude E. Cogswell Owen *W.H. Stone Parko *Homer J. Skeeters Perry *Lee B. Mullen Pike Andrew Jewell Porter *FredH. Cole Posey *William 0. Wilson Pulaski *Homer L. Rogers Putnam L. G. Wright Randolph Lee L. Driver Ripley Chas. R. Hertenstein Rush *Chester M. George Scott WilliamS. Griffin Shelby *William Everson Spencer Joseph W. Strassell Starke Carroll W. Cannon St. Joseph *Ralph Longfield Steuben H.Lyle Shank Sullivan. *Richard Park Switzerland Oliver M. Given Tippecanoe *Brainard Hooker Tipton *Larkin D. Summers Union Chas. C. Abernathy Vanderburgh *Floyd C. Ragland Vermillion *John B. Butler Vigo James W. Propst Wabash .... *Robert K. Derricks Warren *Harry Evans Warrick * Andrew J. Hopkins Washington .*Orra Hopper Wayne . . "Charles O. Williams Wells "Arthur R. Huyetle White . "Henry J. Reid Whitley .*AIyin R. Fleck *Re-elected. ADDRESS. . Laporte. . Bedford. . Anderson. . Indianapolis. . Plymouth. . Shoals. . Peru. . Bloomington. . Crawfordsville. Martinsville. . Kentland. . Albion. . Rising Sun. . Paoli. . Spencer. . Rockville. . Cannelton. . Petersburg. . Valparaiso. Mt. Vernon. Winamac. . Greencastle. . Winchester. . Versailles. Rushville. Scottsburg. Shelbyville. Rockport. Knox. South Bend. Angola. Sullivan. Vevay. Lafayette. Tipton . Liberty. Evansville. Newport. Terre Haute. Wabash. Williamsport. Boonvillo. Salem. Richmond. Bluffton. Monticello. ( 'olumbia (Mtv. TABLE OF CONTENTS. PAGE. List of County Superintendents 3 CHAPTER I. CONSTITUTIONAL, PROVISIONS. 8BC. 1. Common schools 26 2. Common School Funds 26 3. Principal, a perpetual, fund 26 4. Investment and distribution 27 5. Reinvestment 27 6. Counties Liability 27 7. Trust funds inviolate : 27 S. Superintendent of Public Instruction 27 CHAPTER II. St'l'KRINTKNDKNT OF PUBLIC INSTRUCTION. !). Superintendent 28 10. Commencement of term Oath 28 11. Duties Office Clerks 28 12. Report to Governor 29 13. Report to General Assembly 29 14. Duties 30 15. Traveling expenses 31 It). Supervision of school funds 31 17. May require reports . 31 IS. Blanks and forms ' 32 19. Forms of bookkeeping 32 20. Shall publish School Law 32 21. Journals, etc., to Libraries 32 22. Certificates from other States. . .'. 32 23. Items for Success ( Irades 33 CHAPTER III. HTATK 1!O A HI) OF EDUCATION, 24. State Board of Education 34 2"). I )ut ies and powers 3"> 20. State certificates '. 30 27. Licenses and examinations 37 25. Pay and mileage of Board 44 \5) fi SCHOOL LAW OF INDIANA- CHAPTER IV. COUNTY SUPERINTENDENT. SEC. PAGE ; 29. County Superintendent 30. Impeachment 31. Eligibility..'. 32. Salary 33. Traveling expenses 34. Assistant 35. General duties 36. Cities exempt from superintendence 37. Examinations for graduation 38. Shall examine teachers 54 39. Record book Report to State Superintendent 40. May revoke licenses 58 41. Office supplies 42. Traffic in examination questions ">* 43. State license 59 44. Record of examinations 62 45. Items for success grades 62 46. Superintendents furnish statements 63 47. Issuance and record of statement 63 48. Appeal from statement 49. When must enumerate 64 50. Annual reports 64 51. Apportionment Report 66 52. Duty as to school fund 66 53. Duty as to interest and loss, school fund 67 54. Appeals from township trustees 67 55. Appeals from county superintendent 68 56. Interest in private normal school (59 57. Penalty... 69 58. Duty of prosecuting attorney 69 CHAPTER V. TRUSTEES OF TOWNSHIPS AND SCHOOL TRUSTEES OF TOWNS AND CITII.S. 59. School townships T 60. Oaths 61. Women eligible to school offices 62. Bond for women officers 63. Township trustee Election 64. Manner of election 65. Ballots, and ballot boxes 66. Trustees' term 67. Trustees Election Terms Duties 68. Cities excepted 69. Trustees Bond Vacancy 70. General duties 71. Duration of school term . . CONTENTS. / SEC. PAGE. 72. Janitors Care and management of school property 77 73. Towns and cities, corporations for school purposes 78 74. Record Duty as to revenue 78 75. Surplus special revenue 79 76. Superintendent in cities and towns 79 77. Trustees' reports 79 78. Failure to report 80 79. Neglecting duties 81 80. Failure to serve 81 5 1 . Trustees' accounts 81 52. Examination of trustee and his books 81 53. Correction of accounts Removal 82 84. Trustees to take enumeration Who enumerated 82 85. Enumeration When filed Retaking 84 86. Township in two or more counties Report 85 87. County board of education 85 88. Emergency school township debts legalized 86 89. School township debts legalized 88 90. School bond sales legalized 89 91. Funding bonds Sales legalized 89 92. Pending litigation 90 93. School bonds Issue, legalized *. 90 94. Pending litigation 90 !)">. Township debts certificate legalized 90 96. Advisory board Provisions for payment 91 97. Payment Notice 91 '.is. Act remedial 92 99. Schools Sale of property 92 100. Sales legalized 93 CHAPTER VI. TEACHERS. 101 . Employment and dismissal 94 102. Examined concerning alcohol and narcotics 98 103. Failure to teach Dismissal 99 104. Terms for which teachers may be employed 99 105. Contracts to be in writing 99 106. Blanks to be uniform 99 107. Reports 100 108. Minimum wages 100 109. Qualifications 100 1 10. Payment at less rate Penalty 102 111. State Board of Education Duties 102 1 12. Special examinations 102 1 13. Insulting teacher 103 114. Examinations in special branches 103 115. Exemptions Three year license Rule 104 1 16. Previous exemptions in force 105 117. Attendance at institutes Pay : 105 SCHOOL LAW OF INDIANA- CHAPTER VI 1. AND SCII()':i- H<>( SKS. SEC. 118. Bible ......... 119. Uniformity as to time Numbering ..... 119i Continuation of High Schools ...... 120. Calendar ..... ........................ 121. Colored children .......................... 122. Appropriations for indigent children ............ 123. Branches taught ........................ 124. Effect of alcoholic drinks and narcotics. 125. Voters' meeting School directors ............. 126. Voters at school meetings ................ . ..... 127. Other meetings Powers ...................... 128. Estimate of expense ............................ 129. Director's duties ............................... 130. Charge of school houses ....................... 131. Visits schools May exclude pupils .............. 132. Appeal to trustee .............................. 133. Common schools defined High schools ......... 134. High school studies ........................... 135. Kindergarten ....................... 136. Free kindergarten tax .......... ................ 137. How collected and disbursed ................... 138. Medical inspection of children .................. 139. Medical inspection defined ..................... 140. School physician Compensation Appointment. 141. Physician's duties .............................. 142. Rules for enforcement ................. . ........ 143. Penalty ....................................... 144. United States flag ............................. 145. Display of flag ................................. 145J. Star Spangled Banner .......................... 146. Destruction or mutilation ...................... 147. Penalty ....................................... 148. Secret societies unlawful ....................... 149. Night school .................................. 150. Who may attend ............................... CHAPTER VIII. SCHOOL PROPERTY. 151. Title to school property ........................ 152. Use of school house for private school ........... 153. Use of school house for other purposes 154. School house, when sold 155. Sale of school property by township trustees 156. Changing site of school house. . . ................ 157. Notice of petition to change .................... 158. Penalty ....................................... CONTENTS. -SKC. PA (IK. 159. School house in annexed territory 123 160. Pay for school house in annexed territory _123 Mil. Donations and bequests 124 162. Petition of majority of voters 125 163. Sale of bonds 125 164. Donations made to school corporations 126 165. Conditional gift 126 166. Income from gifts 126 167. Trustees for gift - Powers 127 168. Identity to gift not to he lost 128 169. Donations for county high schools 128 170. Trustees of county high schools 128 171. Duties of trustee--. 129 172. Purchase of real estate Petition 130 173. Appraisement 130 174. Duty of appraisers Payment -Title Trial 130 175. Tender before appraisement -Costs 131 176. School property liable for public improvement 132 177. Former payments legalized Lien 132 178. Special school fund 133 179. Doors must swing outward 133 180. Sanitary buildings 134 181. Temperature Uncleanliness Teachers Penalties 136 182. Hygiene and sanitary science Printed data 138 183. School officers Powers 138 184. Penalty as to officers 139 185. Buildings in towns Use by township m 139 186. Buildings Fire Means of escape 139 187. Fire escapes 140 188. Plan of escape Approved 141 189. Penalties . 142 UK). Inspectors Duties Penalty 142 191. Township trustee Duties 143 CHAPTER IX. JOINT SCHOOLS. 192. Joint school district - Petition 144 HK-5. Expense of establishing Control of school .... 145 194. Expense of maintenance 145 195. Joint graded schools 145 !!)(). School house for several townships 146 107. Cost of erecting. . 147 19S. Advisory board Emergency 147 199. Abandonment of school district 148 200. Consent of voters to abandonment 149 201. Discontinuance of schools Township trustees 149 202. Transportation of pupils 150 203. Payment Transportation of pupils to adjoining township 151 204. Payment for transportation . 151 1() SCHOOL LAW OF INDIANA- SEC. PAGE - 205. Abandonment of schools in towns Resuming control. . 151 206. Conveyance to trustees 152 207. Charge of town schools 152 208. Joint Building Petition Election. . 209. Election Method Ballots 210. Cost of building How apportioned 154 211. Control and management 155 212. High school district 155 213. District Determining the territory 155 214. Contract for school facilities 156 215. Expenses Apportionment , 156 216. Warrants 157 217. Withdrawal 157 218. Other acts not repealed 157 CHAPTER X. TRANSFER OF PUPILS. 219. Reasons for transfer 158 220. Tuition for transferred pupils 160 221. Appeal 161 222. Payment of tuition 162 223. Rights not abridged 162 224. Settlements for transfer 162 225. Transfer to school corporation of 100,000 163 226. Payment of tuition 164 227. Orphans' Homes Transfer of pupils to 164 228. Payment of tuition 165 229. Appeal 230. Apportionment of tuition indebtedness 166 231. Special written agreements 232. Transfer outside of state Tuition 167 CHAPTER XI. SCHOOLS IN CITIES OF THF FIRST CLASS. 233. Board of School Commissioners 168 234. Qualifications of commissioners 1 69 235. Nomination and election 170 236. Terms \1?> 237. Organization of board 17.'^ 238. Committees Salaries Rules 1 7o 239. Legislative act Directors' approval 174 240. Officers and teachers Examinations 175 241. Business Directors Duties .... 175 242. Superintendent Text-books Librarian Appointments 176 243. Appointment or discharge Reports 17S 244. Director's duties Bond 179 245. Auditor of school board 179 CONTENTS. 11 SEC. PAGE. 246. Warrants 179 247. Evidence of indebtedness 179 248. Illegal warrantLiability ... 180 249. Appropriation necessary 180 250. Auditor's report Bond Pay ... 180 251. Accountants 181 252. Payments to treasurer 181 253. Contract, appropriations for necessary 181 254. Contracts to be in writing Supplies 182 255. Bids for school houses 182 256. Funding indebtedness 183 257. Tax levy 184 258. School law in force 185 259. Old school board 185 260. Limit of debt 186 261. Bonds to purchase real estate and erect buildings Bids 186 262. Purchase of grounds and buildings 187 263. Eminent domain, may exercise 188 264. Removal of commissioner 188 265. Levy to pay debts 189 266. Subsequent censuses 189 267. Manual training schools 189 268. Teachers and instructors 190 269. Tax to support schools 190 270. Taxes Powers as to levy 190 271. Bonds Building and grounds fund 193 272. Art association Financial aid 195 273. Powers of school commissioners 197 274. Repeal 198 275. Health inspection 198 276. Tax levy for health inspection 199 277. Trade and industrial schools 199 278. Maintenance and operation 200 279. Transfer Tuition 200 280. Public playgrounds 201 281. Custody and control. 201 282. Expenses Tax 201 283. Teachers' pension fund Trustees 202 284. Officers Duties 203 285. Control of fund What constitutes 204 286. Investment of funds 206 287. Sinking fund 206 288. Uses of fund 206 289. Years of service How computed 207 290. Pensioners Re-examination 208 291. Service pension 209 292. Computing time 209 293. Trustees By-laws 209 294. Payments When refunded in part 210 12 SCHOOL LAW OF INDIANA. SEC. PAGE. 295. Deficiency Pro rata payments 296. Place of payment 210 297. Pensions exempt from seizure 298. Cancellation of payment 299. Teacher defined 211 CHAPTER XII. SCHOOLS IN CITIES OF 55,000 TO 63,000, 300. Board of school trustees '. 212 301. Qualifications Interest in contracts Salary 302. Election Terms Petition for candidates. . . 303. Next election Five to be chosen. . , 215 304. Present incumbents or electives 215 305. Take office as vacancies occur 215 306. Future census Effect 216 307. Pending litigation * 216 CHAPTER XIII. SCHOOLS IN CITIES OF 45,000 TO 55,000. 308. Cities of 45,000 to 55,000 217 309. Power of school board 217 310. Buildings Bonds... 217 311. Special tax 218 312. Proceeds of bonds 218 313. Population 219 CHAPTER XIV. ; TAXATION. 314. State tax levy 220 315. Uniform tax 220 316. Special school tax used to pay teachers . . . , 220 317. Assessment and collection 221 318. Supplementary tuition fund 222 319. Local tax, how applied 223 320. Special tax for school houses and support of schools 223 321. State educational institutions Amount of tax Division 223 322. Permanent fund not affected 225 323. Repeal not to affect taxes then levied 225 CHAPTER XV. APPORTIONMENT OF REVEXIK. 324. To be semi-annually 226 325. Reports of county auditors 226 326. When and what county auditor reports. . 226 CONTENTS. 13 PAGE. When congressional township divided 227 Auditor failing to report 227 Printed statement 228 Payment o counties 228 Payment of excess 229 Unapportioned balances . 229 County Auditors' apportionment 230 Suite tax levy 231 Apportionment among counties 231 Distribution of 5.2 of fund . 232 Town or township deficiency Certificate ..... 232 Superintendent and auditor Duties 233 Uses of funds 233 Liability for fund 234 Surplus 234 Interest on sinking fund 234 Surplus dog t ax fund 234 CHAPTER XVI. THE FUND. What constitutes 237 Estrays and property adrift 238 Hydrophobia fund County auditors 238 Counties liable 238 Account of fund 239 Custody of lands 240 Leasing lands 240 Divided school sections : 241 Boundaries of townships 241 School township, when county lines divide 241 Auditor's statement as to children 241 Auditor's duty 242 Account and distribution 242 Duties of the other auditor 242 Account Readjustment 243 Power of trustee , 243 Sale of school lands 243 Proceedings to sell 244 Ballots 244 Results of election ~ 244 Certificate of vote 244 Trustee's duty 244 Order and conduct of sale 245 Terms of sale Timber 245 Forfeiture Resale .246 Forfeiture, how prevented 246 Forfeiture Liability for waste 247 Suit for waste 247 14 SCHOOL LAW OF INDIANA. SEC. 372. Private sale ....................................... 373. Reappraisement .......................... 247 374. Advertisement of funds ............................. .... 247 375. Reappraisement of forfeited lands ................... ............. 248 376. Appropriation by commissioners .................................. 248 377. Certificate of purchase ........................................... 248 378. Rights of purchase ............................................... 249 379. Failure to make payment Penalty ............................... 249 380. Assignment ...................................................... 249 381. Defective assignments Proceedings ............................. 249 382. Loan of purchase money .......................................... 250 383. Payment ......................................... ... 250 384. Lost certificate .................................................. 250 385. Purchase money, where paid ...................................... 251 386. Duty of auditor ..................................... ... 251 387. Deed ............................... - ............... ' ............. 251 388. Sale Legalization .............................................. 251 389. Title, when complete ........ ................................... 252 390. Sale ha<} without vote ............................................ 252 391. Compensation on failure of title ............................. 252 392. Lands of surplus revenue fund, how sold .......................... 252 393. Interest Judgment ................. * .............. ....... 253 394. Advertisement of funds ........................................... 253 395. Cpunty auditor Penalty ............................ ... 254 396. Auditor's duty ................................................... 254 397. Appraisement .................................................... 254 398. Duty of appraisers .................................... ... 254 399. Loans outside of county .......................................... 254 400. Oath of applicant .............................. 255 401. Time of loan ..................................................... 255 402. Loan of school and university funds ............................... 255 403. Limit of loan ............................................... ..... 255 404. Percentage of value of land ....................................... 256 405. Length of time ................................................... 256 406. County may borrow .............................................. 257 407. Note of county County council .................................. 257 408. Auditor's warrant ............................................... 257 409. Rate of interest .................................................. 258 410. Payment of loan ........... .............. ........................ 258 411. Transfer from one county to another .............................. 258 412. Certificate as to liens .............................................. 259 413. Acknowledgments and oaths ......................................... 259 414. Record of mortgages Priority ................................... , .. . 260 415. Auditor's duty .................................................... 260 416. Fees ............................................................... 260 417. Interest unpaid Audi tor's duty .................................. 260 418. ' Collection on default ...................... m ..................... 260 419. Fund to be specified ............................ ... 261 430. Form of mortgage ......................................... ...... 261 431. Form of note ............... 261 CONTENT*. 15 KF-C PAGE. 422. Warrant to borrower 262 423. Payments Quietus 262 424. Indorsements and satisfaction 262 425. Suit for deficiency 262 426. Notice of sales 262 427. Manner of sale Surplus 263 428. Auditor's bid 264 429. Sale of lands bid in 264 430. Deed by Auditor 264 431. Statement of sales 264 432. Title in State without deed 264 433. Conveyance to county 265 434. Suit to foreclose 265 435. Purchase by county 266 436. Lease of land purchased 266 437. Sale of land Appraisement 266 438. Deeds 267 439. Sales legalized 267 440. Act supplemental - 267 441. Cancellation of mortgages 268 442. Annual report 268 443. Duty of Boards 269 444. Board's report 269 445. Disposition of report 270 446. Apportionment of loans 270 447. Miscellaneous school fund account 270 448! Distribution and report 271 449. Penalty against Auditor 271 450. School funds Expense in making loans 272 451. Repeal of order 272 452. Appropriations County council 272 453. Real estate sales legalized 272 CHAPTER XVII. SCHOOL INDEBTEDNESS BONDS AND NOTES. 454. Bonds for school buildings 274 455. Use of proceeds 275 456. Special tax * 275 457. Condition for building 277 458. Surplus special school revenue 277 459. Funding or refunding bonds , . , 278 460. Tax levy 279 461. Bonds or notes 279 462. Tax to pay bonds or notes 280 463. Trustees give bond 280 464. Additional bond issue 281 465. Cities Second class Bond issue 281 466. Bonds in series Time. . 282 ]6 SCHOOL LAW OF INDIANA. SEC. PAGE - 467. Tax for bond redemption 468. Repeal 469. Bond issue Towns or cities 1,000 to 5,000. 470. Sale Bond 'for proper use of fund . . 471. Special tax, .". 472. Surplus special school revenue 473. Towns not over 2,000 Funds for buildings Bonds . . . 474. Refunding bonds 475. Trustee's bonds 476. Sale of property 477. Special tax 478. Surplus special revenue 479. Towns not over 1,000 Bonds Tax. . 480. How construed 289 481. Township business Indebtedness Issue of bonds 289 482. Duties of advisory board CHAPTER XVIII. SCHOOL BOOKS. 483. State board of education a board of school book commissioners . . 484. Contracts, bids, sale price 292 485. Open bids 486. May procure manuscripts 295 487. State not liable 295 488. Governor's proclamation 295 489. Trustee's duty. 295 490. Quarterly reports 297 491. Superintendent to enter suit 297 492. Superintendent's special bond .... 298 493. Reports to contractor 298 494. Sale for more than contract price a misdemeanor 299 495. Embezzlement 299 496. Appropriation Laws repealed 300 497. Advertise for bids 300 498. Trustees to make requisitions first Monday of June 301 499. Trustee to acknowledge receipt of books 301 500. Books for poor or indigent children 303 501. Reports to commissioners and county superintendent 303 502. Appropriation 304 503. Suit on trustee's bond 304 504. County superintendent's special bond 304 505. Superintendent's report to contractor 305 506. Failure to report Embezzlement 306 507. Books to be uniformly used 306 508. Duty of contractor 306 509. Name and price of books on cover 307 510. State superintendent's duty 308 511. Act supplemental 308 m.XTKNTS. 17 SEC. PAGE. 512. Contractors to file consent 308 513. Sale to merchants or dealers Trustee's report 310 514. Officers to supply sufficient books 310 515. Duty of merchants and dealers 311 516. County superintendent to make report 311 517. Officers failing to report Right of action 312 518. Failure to report at expiration of term Embezzlement 312' 519. Sale for more than contract price a misdemeanor 313 520. Contractors to file consent for revision of books 313 521. Author to revise County and state superintendent to scale requi- sition 314 522. Intermediate grammar or language lessons 317 523. State board to meet Notice 318 524. Frequency of revision 318 525. Standard of revision Contractor's bond 319 526. Appropriation 319 527. New bond 319 528. State superintendent's duty 320 529. Act supplemental 320 530. Reading primer. 320 531. Price 321 532. Old laws applicable 321 533. Use in cities of 5,000 321 534. Sale of school books 321 535. Proclamation by Governor 322 536. Existing contracts 322 537. Sale of books in counties whore no depository merchant can be pro- cured.. 323 CHAPTER XIX. COMPULSORY EDUCATION. 538. Compulsory attendance Age Blind and deaf 325 539. Truancy board Truancy officer 326 540. Truant officers in cities and towns 326 541. Compensation 327 542. Reports 328 543. Poor children Assistance 328 544. Parental home Incorrigible child 328 545. Confirmed truant 329 546. Tax 329 547. Enumeration of children . 329 548. Names of children furnished truant officer 330 549. Schools Eleemosynary institutions 330 550. Compulsory education of dependent children. ...... 330 [227277] 18 SCHOOL LAW OF INDIANA- CHAPTER XX. STATE NORMAL SCHOOL. SEC. PA OB. 551. Established 331 552. Trustees Corporate name 331 553. Term of office Vacancies 331 554. Organization Officers 332 555. Donations 332 556. Location 332 557. Contract for building 332 558. Model school 333 559. Duty of Trustees 333 560. Conditions of admission 333 561. Tuition fee 333 562. Principal of management 333 563. Reports 334 564. Board of Visitors 334 565. Certificates Diplomas 334 566. Pay of Trustees 335 567. Pay of Treasurer and Agent 335 CHAPTER XXI. ACCREDITED NORMAL SCHOOLS. 568. The State Board of Education a State teachers' training board .... 336 569. Courses of study 337 570. Two-year course 337 571. Diplomas 337 572. "Accredited" schools 337 573. When "accreditment" denied 338 CHAPTER XXII. INDIANA UNIVERSITY. 574. Recognized 340 575. Tax for Endowment Fund 340 576. Application of fund 340 577. Bond of State 341 578. Loans by State Auditor 341 579. Mortgages taken by State Auditor 342 580. State may borrow fund 342 581. Trustees Corporate name Officers Powers . 342 582. The first Trustees 343 583. The first meeting 343 584. Vacancies , 343 585. Pay of Trustees .... 344 586. Trustees of Indiana University 344 587. Trustees' term expiring 1891, successors 344 588. Trustees' term expiring 1893, successors . .*. 344 CONTENTS. 19 SEC. PAGE. 589. Registry of Aluinni 345 590. Nomination of Trustees 345 591. Annual meeting of Alumni 345 592. Method of voting by Alumni 346 593. Annual meeting 346 594. Quorum Temporary appointments . . 347 595. Seminary township . . . 347 596. Interest on loans 347 597. Faculty Powers 347 598. No religious qualifications 348 599. No sectarian tenets 348 600. County students 348 601. Notice to counties 348 602. Treasurer's bond 348 603. Board of visitors 348 604. Visitors not attending to be reported 348 605. Duties of visitors : 349 606. Duties of Secretary 349 607. Duties of Treasurer 349 608. Report to State Superintendent 349 609. Lectures by faculty 350 610. Geological examination and specimens 350 611. Printing annual report 350 612. Contents of report 351 613. Notice of sessions 351 614* Buildings and repairs 351 615. Normal department 351 616. Agricultural department 351 617. Scholarships transferable 351 618. Perpetual scholarships 352 619. Library 352 620. State Geologist 352 621. Fund, how derived Loans 353 622. Auditor of State to loan Duty 353 623. Form of mortgage 353 624. Form of note 354 625. Loans Security 354 626. Interest 354 627. Priority of mortgage 354 628. Recording of mortgage 355 629. Certificate as to liens 355 630. Abstract of title 355 631. Auditor's duty 355 632. Payment 355 633. Satisfaction 355 034. Loans, how collected 355 035. Judgment. * 356 036. Notice of sale 356 037. Sale 356 038. When Auditor to buy Resale 356 20 SCHOOL LAW OF INDIA XA SEC. 639. Limit of bids Overplus .................... 356 640. Statement of sale .......................... 357 641 . Title in State, without, deed ...................................... 357 642. Sale for cash Certificate ................ 643. Sale on credit ................ 357 644. Fees and damages ...................................... 357 645. Accounts Reports , ................... ..................... 35S 646. Accounts with borrowers ......................................... 358 647. Interest, when loaned ........................ 35S 648. Unsold lands ............................................ 35S 649. Certificates of payment Patent ......... 35X 650. Leases. . . ................................... 339 651. Commissioners' report ......................... 350 652. Commissioners' duty ............................................. 359 653. . Pay of Commissioners ............................................ 359 654. Patents and recording ............ ....................... .... 359 655. Pay for managing fund ........................................... 359 656. Extension of payments ........................................... 360 657. Forfeiture, how prevented ............................ . . ..... 360 658. Forfeited lands ................................... 360 659. Appraisement of lands ................................ 361 660. Where filed and recorded .................................... " ..... 361 661. Duty of County Auditor. ............... . . 361 662. Notice of sale ..................... . .............................. 361 663. Sale ............................... . ............... ............... 362 664. Terms of sale ................ .................................. -362 665. Private entry ................................. : ................. 362 666. Certificate of purchase ........................................ ... 362 667. Certificate to be registered ....................................... 363 668. Certificate assignable ......................... ................... 363 669. Forfeiture ........................ ............................... 363 670. Surplus ............................. , ........................... 363 671. Forfeiture, how prevented ........................................ 363 672. Land, how redeemed ............................................. 364 673. Security ......................................................... 364 674. Suit for waste ................................................... 364 675. Patent, on full payment ........ : ................................. 364 676. Auditor's report ................................................. 364 677. Treasurer's report ............................................... 365 678. To pay money to State Treasurer ................................. 365 679. Pay of Auditor and Treasurer .............................. 365 680. Loans ............................................... S 65 681. Disposition of proceeds ......................................... 366 682. Report of sales .......................................... 366 683. One Trustee to attend sales .................. 366 684. No member to deal in lands ...................... 366 685. Trustees to get information .................................. ____ 367 686. State Treasurer collects loans .................................... 367 687. Count}^ Auditors loan ......... 368 CO NTKNTS. 21 SEC. PAGE. 688. Auditor of State can not loan 368 689. Counties pay interest 368 690. Suit for deficiency after sale 368 691 . School of Medicine 369 CHAPTER XXIII. rruiM'K rXIVKUSTTY. 692. Agricultural college scrip 370 (593. The first Trustees, and original name 370 694. Sale and investment of scrip 370 695. Donations accepted 371 696. Location 371 097. Permanent name 371 tl'.is. Corporate, name Powers and duties of Trustees 372 699. Dedication of street 372 700. Power to dedicate 373 701. Privileges of John Purdue 373 702. Amendment or repeat 373 703. Appointment of Trustees 373 704. Term of office 374 705. Vacancies, how filled 374 706. Officers Treasurer's bond and duties 374 707. County students 375 708. Students 375 709. Investment of fund 376 710. Gift to establish Institute of Technology 376. 711. Farmers' Reading Courses 377 712. Agriculture Rural improvement appropriation 377 713. Uses of appropriation . 378 714. Extension department 378 715. Farmers' Institute County Auditor 378 716. County Council appropriation 379 717. Repeal 379 718. Acceptance of U. S. Grant . . . . 379 719. Agriculture Experiment Station work Appropriation 380 720. Uses of appropriation 380 721. Work How carried on 381 CHAPTER XXIV. FREE LIBRARIES. 722. County and town tax for library subscriptions .382 723. Subscriptions filed with Clerk of Circuit Court. . . . : 383 724. Public library board Appointment Qualifications 384 725. Certificate of appointment Oath 385 726. Organization 386 727. Library BoardPowers 386 72S. Subscriptions collected Building tax 387 22 SCHOOL LAW OF INDIANA- 729. Tax How used 730. Use of library Certificates of membership Township may use 731. Donation of library 732. Removal of member of board 733. Treasurer's report 734. Repealing section 735. Library Extension of privileges to township Tax 736. Accounting Report 737. Public Library Commission .....! 738. Office Duties employes 739. Purchase of books 740. Library association ' '. 741. Advice ._. 742. Township library 743. Township library board Township uniting 744. Official documents 745. Member of commission not to be published 746. In cities and towns 747. Libraries in certain cities 748. Tax to maintain 749. Libraries in cities of 3,500 to 4,000 750. Acceptance of library 751. Payment of taxes Control 752. Privileges of libraries 753. Removal of directors 754. Library fund 755. Tax levy for libraries 756. Office of librarian abolished 757. Library discontinued 758. Legalizing section 759. Real estate 760. Real estate for libraries 761. Parks used for libraries 762. Prior acts legalized 763. School and library tax in cities of 30,000 764. County Treasurer reports to Board of School Commissioners 765. County Treasurer's credits 766. School and library tax in cities of 15,000 to 30,000 767. Payment of bonds 768. Towns Transfer of property to library board 769. Purchases legalized CHAPTER XXV. STATE LIBRARY. 770. Management 771. Election of librarian Term 772. Term of office Bond 773. Library, when to be kept open CONTENTS. 23 SEC. PAGE. 774. Preservation of State documents 409 775. Legislative papers, preservation. . 409 776. Exchanges 409 777. Misappropriation of books 409 778. Loan of books 409 779. Rules and regulations 410 780. Salaries Reference Librarian Cataloguer Stenographer 410 781. Report of receipts and expenditures 410 782. Removal of librarian and assistants 410 783. Violation of this act, penalty 410 784. Publications delivered to librarian 411 785. Distribution of publications 411 786. State library Legislative department 411 787. Reference librarian Salary 412 788. Appropriation 412 CHAPTER XXVI. TOWNSHIP ADVISORY BOARD. 789. Advisory Board 413 790. Taxpayers may attend 414 791. Annual meeting Expenditures and tax levy 414 792. Estimate of expenditures 416 793. Compensation of board, if desired '. 417 794. Special meetings of the board 517 795. Financial record 418 796. Annual settlement with the board 419 797. New school house School supplies 421 70S. Trustees' pay 422 799. Contracts void f 422 800. Appointment of first members of board 422 CHAPTER XXVII. PUBLIC DEPOSITORIES. 801 . Public Officers Cash book 424 802. State Officers Payments to Treasurer 424 803. Institutions, Boards, etc. Payments to Treasurer 424 S04. Fees Salary, Treasurer 425 805. State Board of Finance 426 S0f>. County Board of Finance 426 S07. Compensation 427 808. Cities and towns Board of Finance 428 809. School and township Board of Finance 428 810. Depository deposits Treasurers 429 811. Requirements as to Depository Bonds 430 S12. Other forms of security 430 X13. Surety disapproved Court decision 431 814. Funds Inviting proposals to receive Notice 431 24 SCHOOL LAW OF INDIANA- SEC. 1>A - 815. Proposals for funds Interest .......... . 816. Creation of depository Revocation Repeal. . 817. Selecting State depositories Finance boards Records.. 433 818. Title to securities Record Default Sale . . 819. State Institution Deposits Treasurer's settlement. . 435 820. Monthly statement by depositories Checks ..... ..... 435 821. More than one depository Maximum deposits ................ 436 822. Published reports Auditor's powers ............. 823. Selection without advertising Outside of county ............. 438 824. Daily deposits Embezzlement Penalties ................ 438 825. Official liability Exemption ........... , .............. 441 CHAPTER XXVIII. THE PUBLIC ACCOUNTING BOARD. 826. Appointments by Governor ........................ 442 827. State Board of Accounts Powers Duties ........................ 443 828. Separate accounts ............. .................. 444 829. State Examiner Reports to Contents .......... ____ 444 830. Examiner Comparative ............. .................. . . 445 831. Forms for reports Blanks, etc ........................... 445 832. Assistants Field Examiners ................................... 446 833. Competitive examinations ........ . ............... 440 834. State Examiner Duties Powers ....................... 447 835. Failure to report Penalty .......................... 449 836. Fee records Fee and salary book Open to public ................ 449 837. Fines or forfeitures Record book Reports Penalty ............. 450 838. Audit of bills Warrant Quietus ................................. 451 839. Expense of examination How paid .............................. 452 840. Traveling expenses ............ '....... ............................ 453 841. Bonds required ................................................... 453 842. Definitions ...................................................... 151 843. Bribe Offer or acceptance: Penalty .............................. 454 844. Examinations without notice Penalty ............................ 455 845. Books Records and forms ....................................... 455 846. When act in effect ............................................... 456 847. Officers Duties as to books, etc. Penalty ....................... 456 848. Repeal .................................. .............. 456 849. Field Examiners Appointment Duty Compensation ............ 157 850. Reports of examination to Attorney General ................... 457 851. Prosecutions By whom prosecuted ............................. 45S 852. Prosecuting Attorney Duties .................................... 458 853. Plaintiffs in prosecutions Judgment .............................. 15!) 854. Pending actions Prosecutor's duties .................... 460 855. Prosecutor's fees ................................................ 4CO 856. Compromise by prosecutor Consent of Examiners ................ 460 857. Findings of Examiners Notice Hearing Settlement Publicity . 461 858. Final Sole question Evidence ............................ 462 859. Remedies cumulative ............................. 463 860. Appeal Duties of Attorney-General ....... 463 CONTENTS. " 25 CHAPTER XXIX. INSTITUTES. SEC. PAGE. 861. Township Institutes 464 862. Touchers' Institutes Expenses 465 xr>:{. Schools dosed 465 S64. Sessions 465 Suggested forms Legal forms 466 APPENDIX. PAGE. Constitution of the Stale of Indiana 471 Index to Constitution 507 (leneral index 509 SCHOOL LAW OF INDIANA. CHAPTER I. CONSTITUTIONAL PROVISIONS. Sic. SEC. 1. Common schools. 5. Reinvestment. 2. Common school fund. 6. Counties-Liability. 3. Principal, a perpetual fund. 7. Trust funds inviolate. 4. Investment and distribution. 8. Superintendent of public in*i MIC! ion. ARTICLE VIII. [In force November 1, 1851.] 1. Common schools. 1. Knowledge and learning gen- erally diffused throughout a community being essential to the preservation of a free government, it shall be the duty of the general assembly to encourage, by all suitable means, moral, intellectual, scientific and agricultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without charge and equally open to all. (E. S. 1908, 182.) 2. Common school fund. 2. The common school fund shall consist of the congressional township fund and the lands belonging thereto; The surplus revenue fund ; The saline fund, and the lands belonging thereto; The bank tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the state bank of Indiana. (E. S. 1908, 183.) 3. Principal, a perpetual fund. 3. The principal of the common school fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the in- come thereof shall be inviolably appropriated to the sup port of common schools and to no other purpose whatever. (U.S. 1908, 184.) 1. EM VERSION. This "fund must be devoted to the support of the com- mon schools, without the diversion from it of a penny for any other pur- pose \\h.-ite\er." Board v. State, 120 Ind. 282; Hoard v. State, 110 Ind. 329. SCHOOL LAW OF INDIANA- 27 4. Investment and Distribution. 4. The general as- sembly shall invest, in some safe and profitable manner, all such portions of the common school fund as have not here- tofore been entrusted to the several counties, and shall make provision by law. for the distribution among the sev- eral counties of the interest thereof. (R. S. 1908, 185.) 1. "INVEST" DEFINED. The word "invest" is construed as broad enough to cover loans made by counties, and that the fund may be entrusted to them for that purpose, but it does not restrict to that mode of investment. Shoemaker v. Smith, XI Ind. 1212. 5. Reinvestment. 5. If any county shall fail to de- mand its proportion of such interest, for common school purposes, the same shall be reinvested for the benefit of such county. (R. S. 1908, 186.) 6. Counties liability. 6. The several counties shall be held liable for the preservation of so much of said fund as may be entrusted to them, and for the payment of the annual interest thereon. (R. S. 1908, 187.) 1. RENTS. A county is liable for rents derived from unsold congres- sional township lands. Davis v. Board, 44 Ind. 38; Board v. State, 110 Ind. 329. 7. Trust funds inviolate. 7. All trust funds held by the state shall remain inviolate and be faithfully and ex- clusively applied to the purposes for which the trust was created. (R. S'. 1908, 188.) 1. EXPENSE or MANAGEMENT. The constitution requires the counties to bear the expense of managing the school fund; and if they pay out any part of the fynd for snob expense they are liable to make the loss good. Board v. State, 103 Ind. 407; Vanarsdall v. State, 65 Ind. 176; State v. Board. 90 hid. 359; Board v. State, 116 Ind. 329; Board v. State, 138 Ind. 395. 8. Superintendent of Public Instruction. 8. The gen- eral assembly shall provide for the election, by the voters of the state, of a state superintendent of public instruction, who shall hold his office for two years, and whose duties and compensation shall be prescribed by law. (R. S. 1908, 189.) 28 SCHOOL LAW OF INDIANA. CHAPTEE II. SUPERINTENDENT OF PUBLIC INSTRUCTION. SEC. ! SEC. 9. Superintendent. 10. Commencement of term Oath. 11. Duties Office Clerks. 12. Report to governor. 13. Report to general assembly. 14. Duties. 17. May require reports. 18. Blanks and forms. 1!. Forms of bookkeeping. 20. Shall publish school law. 21. Journals, etc., to libraries. 22. Certificates from other st:ucs. 15. Traveling expenses. 23. Items for success grades. 16. Supervision of school funds. [1805, p. 3. Approved and in force March 6, 18(J5.| 9. Superintendent Election. 119. There shall be elected by the qualified voters of the state, at a general elec- tion, a state superintendent of public instruction, who shall hold his office for two years. (11. S. 1908, 6293.) 1. SALARIES. The salary of the state superintendent of public instruc- tion is $3,500 per annum. The salary ol: the assistant superintendent is $2,000; of the first deputy, $1,500; of the second deputy, $1,200, and of the stenographer, $720. 10. Commencement of term Oath. 120. His official term shall commence on the fifteenth day of March suc- ceeding his election. He shall take and subscribe the oath prescribed by law; which proceeding shall in all things con- form to the law relative to the oaths of public officers. (R. 8. 1908, 6294.) 11. Duties Office Clerks. 121. The superintendent shall be charged with the administration of the system of public instruction and a general superintendence of the business relating to the common schools of the state, and of the school funds and school revenues set apart and appro- priated for their support. A suitable office shall be furnished for him at the seat of government, in which the books, pa- pers and effects relating to the business of said office shall be kept; and there he shall give reasonable attendance to the business and duties of the office. He shall render an opinion in writing, to any school officer asking the same, SCHOOL LAW OF INDIANA. '29 touching the administration or construction of the school law. He is hereby authorized to employ two clerks for said office, to be paid as the clerks of the office of the auditor of state are paid; and the sum of. eighteen hundred dollars is hereby annually appropriated for that purpose. (R. S. 1908, 6295.) 1. OPINIONS. He is not bound to give opinions except to school offi eors that is county auditors, county treasurers and superintendents, township trustees, school directors, and school trustees of towns and cities. Hut the courtesy of superintendents has established the custom of answer- ing questions touching the construction and administration of the school laws for all who need such information. 2. His OPINIONS NOT A DEFENSE. It has been decided that depositing funds in a solvent bank, by advice of state and county superintendents and county board, if loss result, is no defense to the trustee depositing. Inglis v. St.ite, 151 Ind. 212. 3. His OPINION ENTITLED TO CONSIDERATION. When a law admits of dif- ferent constructions, it is well settled that the usage under it and the prac- lical construction of it for a series of years, is entitled to great weight, and sometimes may be decisive. Appeal of Cottrell, 10 Iv. I. 015. 12. Report to governor. 122. In the month of January in each year in which there is no regular session of the gen- eral assembly, he shall make a brief report, in writing, to the governor, indicating, in general terms, the enumeration of the children of the state for common school purposes, the additions to the permanent school fund within the year, the amount of school revenue collected within the year, and the amounts apportioned and distributed to the schools. (R. S. 1908, 6297.) 13. Report to general assembly. 123. At each regular session of the general assembly, on or before the fifteenth day of January, said superintendent shall present a biennial report of his administration of the system of public instruc- tion, in which he shall furnish a brief exhibit- First. Of his labors, the results of his experience and ob- servation as to the operation of said system, and suggest the remedy for observed imperfections. Second. Of the amount of the permanent school funds, and their general condition as to safety of manner of in- vestment; the amount of revenue annually derived there- 30 SCHOOL LAW OF INDIANA. from, and from other sources; estimates for the following two years; and the estimated value of all other property set apart or appropriated for school purposes. Third. Of such plans as he may have matured for the better organization of the schools, and for the increase, safe investment, and better preservation and management of the permanent school funds and for the increase and more economical expenditure of the revenue for^ tuition. Fourth. He shall present a comparison of the results of the year then closing with those of the year next preceding, and, if deemed expedient, of years preceding that, so as to indicate the progress made in the business of public in- struction. Fifth. He shall furnish such other information relative to the system of public instruction the schools, their per- manent funds, annual revenues, etc., as he may think to be of interest to the general assembly. He shall append to said report statistical tables, com- piled from the materials transmitted to his office by the proper officers, with proper summaries, averages and totals appended thereto. He shall append a statement of the semi- annual collections of school revenue, and his apportion- ment thereof; and, when he deems it of sufficient interest to do so, he shall append extracts from the correspondence of school officers, tending to show either the salutary or de- fective operation of the system or of any of its parts; and shall cause ten thousand copies to be printed and distrib- uted to the several counties of the state. (E. S. 1908, 6298.) 14. Duties. 124. He shall visit each county in the state at least once during his term of office, and examine the auditor's books and records relative to the school funds and revenues, with a view to ascertain the amount and the safety and preservation of said funds and revenues; and for that purpose he shall have access to, and full power to require for inspection the use of the books and papers of the auditor's office. Whenever he may discover that any of the school funds are unsafely invested and unproductive of school revenue, or that any of the school revenues have SCHOOL LAW OF INDIANA. 31 been diverted from their proper objects, he shall report the same to the general assembly. He shall meet with such school officers as may attend his appointment, counseling with the teachers, and lecturing upon topics calculated to subserve the interests of popular education. (R. S. 1908, 6299.) 15. Traveling expenses. 1:25. He shall receive, for traveling and other expenses while traveling on the busi- ness of the department, a sum not exceeding six hundred dollars per annum, and an appropriation of that amount is hereby made for that purpose annually. (R. S. 1908, 6300.) 1. NOTE. The traveling expense fund is by appropriation $1,000.00; the ollice expense 1'und is also $1,000.00. 16. Supervision of school funds. 126. He shall exer- cise such super vision over the school funds and revenues as may be necessary to ascertain their safety, and secure their preservation and application to the proper object; and cause to be instituted in the name of the State of Indiana, for the use of the proper fund or revenue, all suits neces- sary for the recovery of any portion of said funds or reve- nues. It is hereby made the duty of the proper circuit prosecuting attorney to prosecute all such suits at the in- stance of the superintendent, and without charge against said funds or revenue. (R. S. 1908, 6301.) 1. MAY EMPLOY ATTORNEY. This section authorizes the state superin- tendent and auditor of state to employ an attorney to collect a claim due the school fund, and their contract in this behalf is the contract of the state. State v. Sims, 7G Ind. 3U8. 17. May require reports. 127. He may require of the county auditors, county superintendents, county treasurers, trustees, clerks and treasurers, copies of all reports re- quired to be made by them, and all such other information in relation to the duties of their respective offices, so far as they relate to the condition of the school funds, revenues and property of the common schools and the condition and management of such schools, as he may deem important. (R. S. 1908, 6302.) 32 SCHOOL LAW OF INDIANA. 18. Blanks and forms. 128. He may prepare, and transmit tc the proper officers, suitable forms and regula- tions for making all reports, and the necessary blanks there- for, and all necessary instructions for the better organiza- tion and government of common schools, and conducting all necessary proceedings under this act. (I\. S. 1908, 19. Forms of bookkeeping. 102. Forms and modes of bookkeeping shall, from time to time, be prescribed for county auditors and county treasurers by the state superin- tendent of public instruction. (E, S. 1908, 6304.) 20. Shall publish school laws. 129. He shall cause as many copies of the acts of the general assembly in relation to the common schools or the school funds, with necessary forms, instructions, and regulations, to be from time to time printed and distributed among the school townships as he shall deem the public good requires. (R. S. 1908, 6305.) 21. Journals, etc., to libraries. 130. He shall supply each common school library with the legislative and docu- mentary journals, and the acts of each session of the gen- eral assembly and his own annual reports. At the expira- tion of his term of office he shall deliver to his successor possession of the office, and all books, records, documents, papers, and other articles pertaining or belonging to his of- fice. (R. S. 1908, 6306.) [1899, p. 448. Approved March 4, 1899. In force April 28, 1899.1 . . 22. Certificates from other states. 1. The state super- intendent of public instruction may countersign the life state certificate of teachers of other states, when the hold- ers of such certificates shall have furnished satisfactory evidence of good moral character, and experience and suc- cess in teaching, as is required for life state certificates in this state ; and when so countersigned such certificates shall be valid in any of the schools of this state : Provided, That the requirements for obtaining the life state certificates of other states shall be equivalent to the requirements for the same certificates in this state. (K. S.. 1908, 6312.) ]. NOTE. Only life state certificates can be countersigned. SCHOOL I. AAV OF INDIA X A. 33 [1903, p. 291. Approved March 9, 1903. In force April 23, 1903.] 23. Items for success grades. 1. The state superin- tendent of public instruction is hereby required to pro- vide from time to time such schedule of items as should, in his judgment, enter into the record and grading in the item of a teacher's success by the city, town and county superintendent of schools. (R. S. 1908, 6296.) [3272771 34 SCHOOL LAW OF INDIANA. CHAPTER III. STATE BOARD OF EDUCATION. SEC. 24. State board of education. 25. Duties and powers 26. State certificates. SBC. 27. LicensesVnd examinations. 28. Pay and mileage of board. [1899. p. 426. Approved March 4, 1899.1 24, State board of education. 153. The governor of the state, the state superintendent of public instruction, the president of the state university, the president of Purdue university, the president of the state normal school, the su- perintendent of common schools of the three largest cities in the state, and three citizens of prominence actively en- gaged in educational work in the state, appointed by the governor, at least one of whom shall be a county superin- tendent, none of whom shall be appointed from any county in which any other member of the state board of education resides, or from which any other member was appointed, shall constitute a board to be denominated the Indiana state board of education. The three members to be appoint- ed by the governor shall be appointed immediately upon the taking effect of this act. One of such members shall be appointed for one year, one for two years and one for three years from the date of his appointment, and each of said appointees shall serve until his successor shall have been appointed and qualified; and after the first appointment the governor shall annually appoint one such member to serve for the term of three years, to take the place of the member whose term shall have then expired; and the governor shall further have power to fill all vacancies that may occur in the office of any such member who holds his office by ap- pointment from the governor. The size of the cities shall, for this purpose, be determined by the enumeration of chil- dren for school purposes animal ly reported by school exam- iners to the superintendent of public instruction. The super- SCHOOL I. ANY OK INDIANA-,, 35 intendent of public instruction shall, ex officio, be president of the board, and in his absence the members present shall elect a president pro tempore. The board shall elect one of its members secretary and treasurer, who shall have the custody of its records, papers and effects, and shall keep minutes of its proceedings: Provided, That such records, papers, effects and minutes shall be kept at the office of the superintendent, and shall be open for his inspection. The said board shall meet upon the call of the presi- dent, or a majority of its members, at such place in the state as may be designated in the call, and shall devise, adopt and procure a seal, on the face of which shall be the words i ' Indiana State Board of Education, ' ' and such other device or motto as the board may direct, an impression and written description of which shall be recorded on the min- utes of the board and filed in the office of the secretary of state, which seal shall be used for the authentication of the acts of the board and the important acts of the superintend- ent of public instruction. (R. S. 1908, 6309.) [1865. p. 3. Approved March 6, 1865.] 25. Duties and powers. 154. Said board, at its meet- ings, shall perform such duties as are prescribed by law, and may make and adopt such rules, by-laws and regula- tions as may be necessary for its own government, and for the complete carrying into effect the provisions of the next section of this act, and not in conflict with the laws of the state, and shall take cognizance of such questions as may arise in the practical administration of the school system not otherwise provided for, and duly consider, discuss, and determine the same. (R. S. 1908, 6310.) 1. COUNTY SUPERINTENDENT. It is the duty of the county superintend- ent to carry out the instructions of the state board and state superintend- ent. 26. State certificates. 155. Said board may grant state certificates of qualification to such teachers as may, upon a thorough and critical examination, be found to possess eminent scholarship and professional ability, and shall fur- 36 ^SCHOOL LAW OF INDIANA. nish satisfactory evidence of good moral character. They shall hold stated meetings, at which they shall examine all applicants, and those found to possess the qualifications herein above named shall receive such certificate, signed by the president of the board, and impressed with the seal thereof; and the said certificate shall entitle the holder to teach in any of the schools of the state without further examination, and shall also be valid during the lifetime of said holder, unless revoked by said board. Each applicant for examination shall, on making application, pay to the treasurer of the board five dollars as a fee. (R. S. 1908, 6311.) 27. Licenses and Examinations. All applicants for com- mon school or primary Licenses during the year 1910 either state or county licenses may select either one of three lists of questions on the subject of Science of Educa- tion and of two lists on the subject of literature. In each subject, one list will be based upon the general field of the subject, the other upon the reading circle book correspond- ing with it. TEACHERS' LICENSES. The laws of Indiana give the power to issue teachers' licenses to the State Board of Education, the Superintendent of Public Instruction and the County Superintendents. . The State Bo>ard of Education has general control of the entire sys- tem. This board prepares the uniform questions to be used in the exam- inations, fixes the standards and arranges for licensing the teachers in those subjects not provided for by specific statutes. The general regulations relating to teachers' licenses are as follows : I. LICENSES ISSUED BY STATE BOARD OF EDUCATION. 1. PROFESSIONAL. Valid for eight years in any public school of the State. The examina- tion for this license is held annually on the last Saturday in February. The subjects are : Algebra, Civil Government, American Literature, Science of Education, and two of these six, Physics, Botany, German, French Spanish and Latin. To be eligible for this examination the applicant must have held two thirty-six months, a thirty-six months and a sixty months, or two sixty months licenses. In addition he must have had at least forty- eight months' successful experience as a teacher. SCHOOL LAW OF INDIANA- 37 Licenses arc irnmted to those who make a general average of 85% and do not fall below 75% in any subject. If the average is 85% or more and the grade in a single subject is below 75% the applicant is conditioned. If a passing grade is made in the conditioned subject at the next annual examination, a license is issued. No fee is required for this examination. 2. LIFE. (a) General. Valid for life in any public school of the State. The examination is held annually in April and is open to those who have met successfully all the requirements for a professional license. The sub- jects are: Geometry, Rhetoric, General History, English Literature, Physi- al Geography and two of these three: Chemistry, Geology and Zoology. The Professional license regulations as to grades and conditions J'.pply without change to the general life license. The fee for this examination is live dollars. fb) Special for College Graduates. Valid for life in any public school of the State. The examination is held annually in April. It is open to graduates of standard colleges who have held one or more sixty months licenses or a Professional license, and who have had thirty months' successful experience with at least ten months of it in Indiana. The subjects are any three of the following: General History of Educa- tion, The School System and the School Law of Indiana, Educational Psychology, Experimental Psychology and Child Study, Leading School Systems of Europe and America, Science of Education, and Principles mid Methods of Instruction. The grades required are the same as for a Professional license. No conditions are allowed. The regulation as to fee is the same as in the general life. PLACES OF EXAMINATION. State Board examinations are held annually on the last Saturdays of February and April at the following places: 1. In the Department of Public Instruction, State House. 2. In the office of the City Superintendent of Schools, Ft Wayne. 3. In the office of the City Superintendent of Schools, Evansville. 4. In the office of the City Superintendent of Schools, Valparaiso. 5. In the office of the County Superintendent of Schools, Richmond. 6. In the office of the President of the State Normal School, Terre Haute. 7. In the office of the President of Purdue University, Lafayette. 8. In the office of the City Superintendent of Schools, Seymour. 9. In the office of the President of Indiana University, Bloomington. RULES. 1. Write upon one side of the paper only, using legal cap. 2. See that the answers to the questions in each branch are entirely separate from those of any other branch, and securely fastened together. 3. Write full name and postoffice address upon each set of answers, and upon every sheet disconnected from the first one. 38 SCHOOL LAW OF INDIANA- 4. Answer the General Questions upon a separate sheet. 6 Furnish the examiner with a certified statement of experience and with three testimonials as to success. 6. Furnish the necessary postage to forward your manuscript to Indi- anapolis. 3. SPECIAL. Valid for three years to teach the common branches in rural and town schools. By a law enacted in 1907 the State Board of Education was em- powered to provide a special two years course for teachers. This course is given by such accredited schools as make proper provision for it. Gradu- ates of this course are permitted to teach without examination in the rural and town schools of the State for a period of three years from the date of the completion of the course. Teachers of this class who desire to teach in city schools must pass the regular examination. All two-year special course teachers without experience are in Class A. Those with one or more years' experience are in Class B. The salary grade in Class A is 85%, and in Class B 90%. Any teacher has the privi- lege of raising these grades by examination. II. LICENSES ISSUED BY THE STATE SUPERINTENDENT. 1. COMMON SCHOOL. (a) Twelve Months. Valid to teach the common branches in any pub- lic school of the State for a period of twelve months. All teachers who were in the profession prior to August, 1908, are eligible for this examination. Graduates of commissioned or certified high schools or the equivalent, who have had at least twelve weks' normal training in an accredited school are also eligible. The subjects are: Arithmetic, Grammar. United States History, Physi- ology and Scientific Temperance, Geography, Reading, Writing, Spelling. Literature, Science of Education, Drawing and Music. The grades in writ- ing and spelling are determined from the manuscript. An option is given to answer questions upon the reading circle books of the current year in- stead of the analogous subjects in the required list. For the year 1911 these options are allowed): Science of Education or How to Study. Physiology and Scientific Temperance or Civics and Health. Drawing and Music are optional subjects except in counties where they are specifically required by the board of education. All manuscripts in Drawing must be upon drawing paper and prepared with proper drawing material. Grammar and Litera- ture are graded from to 90 on the correctness of the answers and from to 10 on the quality of English used. A license is not issued unless the general average is 85%, with no grade below 75%. A teacher holding this license is in Class A. Cb) Twenty-four Months. Valid to teach the common branches in any public school of the State for a period of twenty-four months. All teach- ers who had one or more years' experience prior to August, 1908, and all Class A teachers of one year's experience and twenty-four weeks' normal training in an accredited school are eligible for this examination. The subjects and conditions are the same as in (a) above. SCHOOL LAW OF INDIANA- 39 A license is not issued unless the general average is 90% with no grade below 80%. The general average is one-half of the sum of the average scholarship and the success grades. A teacher holding this license is in Class B. (c) Thirty-six Months. Valid to teach the common branches in any public school of the State for a period cf thirty-six months. All teachers who had one or more years' experience prior to August, 1908, and all Class A and B teachers of three years' experience and three years' normal train- ing in an accredited. school are eligible for this examination. The subjects, conditions and method of determining general average are the same as in (b) above. A license is not issued unless the general average is 95% with no grade below 85%. A teacher holding this license is in Class C. 2. PRIMARY. (a) Twelve Months. Valid to teach the common school branches in grades one, two, three and four of the public schools of the State for a period of twelve months. Eligibility, conditions, required grades and class are the same as for twelve months common school. In the subjects of Arithmetic, Reading, Grammar and Science of Education, applicants for primary licenses answer any four of the eight common school questions in the subject, and in addition, two questions relating to the primary phase of the subject. In the other subjects the common school questions are used. (b) Twenty-four Months. Valid to teach the common school subjects in grades one, two, three and four of the public schools of the State for a period of twenty-four months. The subjects are the same as in (a) Pri- mary. All other requirements are the same as for a twenty-four months common school. (c) Thirty-six Months. Valid to teach the common school branches in grades one, two, three and four of the public schools of the State for a period of thirty-six months. The subjects are the same as in (a) Primary. All other requirements are the same as for a thirty-six months common school. 3. HIGH SCHOOL. (a I Twelve Months. Valid to teach the subjects designated in any public high school of the State for a period of twelve months. The eligibil ity and grade requirements are precisely the same as for a twelve months common school. The subjects are: Science of Education, Latin, German, French, Span- ish, Literature and Composition, History and Civics, Physical Geography, Commercial Geography, Zoology, Botany, Physics, Chemistry, Commercial Arithmetic, Algebra, Geometry, Bookkeeping and Stenography. All appli- cants must pass upon Science of Education. From the list of other sub- jects the applicant selects those he expects to teach. An applicant may have a license if he makes the required grades and average on a majority of the subjects attempted. Since the Science of Education is required of all, it is not counted in determining the majority referred to in the previ- ous sentence. In nil Literature examinations the manuscript is graded from to 75 on correctness of answers and from to 25 on the quality of English used. 40 SCHOOL LAW OF INDIANA- (b) Twenty-four Months. Valid to teach the subjects designated in any public high school of the State for a period of twenty-four months. The eligibility and grade requirements are precisely the same as for a twenty-four months common school. This license may be issued upon any number of subjects provided one of them is the Science of Education. (c) Thirty-six Months. Valid to teach the subjects designated in any public high school of the State for a period of thirty-six months. The eligibility and grade requirements are precisely the same as for a thirty- six months common school. This license may be issued upon any number of subjects, provided one of them is Science of Education. (d) Sixty Months. Valid to teach the common branches in. any public school of the State, the licensed high school subjects in any certified or commissioned high school and any high school subject in other high schools, for. a period of sixty months. To be eligible for this examination the appli- cant must hold a thirty-six months license issued during the current ex- amination year. The subjects of this examination are arranged in five groups with re- quirements as indicated. I. Literature and Composition. (Required.) II. Algebra or Geometry. (One required.) III. Botany, Zoology, Chemistry, Physics, or Physical Geography. (One required.) IV. History and Civics, Latin, German, French or Spanish. (One required. ) V. One subject not already taken, to be selected from II, III or IV. Five subjects selected in compliance with the above grouping are re- quired. When taking the examination the applicant may, if he chooses, write upon additional subjects and have the grades entered upon his li- cense. To secure this license the average upon the high school subjects must be 85% with no grade below 75%. The grades of the thirty-six months license required for eligibility will be entered upon the sixty months license. 4. SUPERVISORS. These licenses are issued for twelve, twenty-four and thirty-six months. The eligibility and average requirements are the same as for other licenses of these grades. (a) Music. Valid to supervise and teach music in any of the public schools of the State for the period designated. All persons meeting the eligibility requirements for a twelve months common school may take this examination. Applicants who are not high school graduates or the equiva- lent must be examined in Literature and Composition, Arithmetic, United States History and Physiology and Scientific Temperance. In these sub- jects the average must be 85% with no grade below 75%. Applicants who have not had the normal training may offer in lieu of it a course of one year or more in some approved school of music. No license will be issued unless the grade in Music is 85% or more. The examination is held in each county of the State on the last Saturday of April, May, July and August. SCHOOL LAW OF INDIANA- 41 (b) Art. Valid to supervise and teach art in any of the public schools of the State for the period designated. All the rules and regulations per- taining to music apply here if for the word music the word art is sub- stituted. (c) Manual Training. Valid to supervise and teach manual training in any of the schools of the State for the period designated. All the rules and regulations pertaining to music apply here if for the word music the words manual training are substituted. (a) Sewing. Valid to supervise and teach sewing in any of the public schools of the State for the period designated. All the rules and regula- tions pertaining to tnusic apply here if for the word music the word sewing is substituted. (e) Cooking. Valid to supervise and teach cooking in any of the public- schools of the State for the period designated. All the rules and regula- tions pertaining to music apply here if for the word music the word cook- ing is substituted. (f) Physical Education. Valid to supervise and teach Physical Educa- tion in any of the public schools of the State for the period designated. All the rules and regulations pertaining to music apply here if for the word music the words Physical Education are substituted. 5. KINDERGARTEN. Valid to teach for the period designated in the kindergarten schools of the State that are supported in whole or in part by public funds. The subjects in the examination are kindergarten theory and practice, music, (1 r: 1 . wing and English. Any one eligible to any of the other examinations is eligible to this. The licenses will be issued for twelve, twenty-four and thirty-six months under the rules applying to other licenses of these grades. 6. BY VALIDATION. (a) Life License. A life license from another State that has been granted upon an examination equivalent to the life license examination in Indiana may be countersigned by the Superintendent of Public Instruc- tion. When so signed, it becomes valid for life in any of the public schools of the State. (~b) State Normal Diplomas. A State Normal diploma that represents three full years' normal school work, preceded by four years' high school work, may be countersigned by the Superintendent of Public Instruction, provided the holder of it has taught successfully for two years since grad- uation. When so signed it becomes valid for life in any of the public schools of the State. III. LICENSES ISSUED BY THE COUNTY SUPERINTENDENT. 1. COMMON SCHOOL. (a) Twelve Months. (b) Twenty-four Months. (c) Thirty-six Months. 42 SCHOOL LAW OF INDIANA. 2. PRIMARY. (a) Twelve Months. (b) Twenty-four Month*. (c) Thirty-six Months. 3. HIGH SCHOOL. (a) Twelve Months. (b) Twenty-four Months. (c) Thirty-six Months. All rules, regulations and requirements are the same for licenses issued by the county superintendent as for similar licenses issued by the State Superintendent, except that the former are good only in the county of issue. 4. EXEMPTIONS. County. Valid to teach in any of the common schools of the county in which it is issued so long as the holder remains continuously in the service. This license is issued by the county superintendent to the holder of a thirty-six months license who has had six or more years' experience. It is valid only in the county of issue and can be issued only in the county that granted the thirty-six months license. State. Issued to holders of a thirty-six months state license. Eligi- bility requirements are the same as for county exemption. IV. LICENSES ISSUED BY THE STATE NORMAL SCHOOL. 1. LIFE. The State Normal School is empowered by law to grant, two years after graduation, to all of its graduates who have given satisfactory evi- dence of professional ability to instruct and manage a school, diplomas which entitle them to teach for life in any of the schools of the State. Until they have had two years' successful experience after graduation State Normal graduates must submit to examination the same as all other teachers. SUCCESS GRADE. All teachers of one or more years' experience must have a suet-ess grade. "It shall be the duty of the city, town and county superintendents of schools to visit each year the teachers under their charge and supervision, and from personal inspection and otherwise make an itemized statement and grading of the success of each teacher under their charge." Each teacher must be furnished with a signed copy of his success grade not later than July first of each year. The county superintendent must keep in his office a permanent record of all success grades. A success grade is legal from July 1 to June 30 of the following year. In case a teacher ceases teaching for a year or more, his success grade upon begin- ning again is that of his last year's experience Schedule of Success Items. All superintendents Are required by law to use the following scheme in determining the success grade: SCHOOL LAW OF INDIANA- 43 THE TEACHER 100% A. Teaching Power 46% Many items enter into this, but the principal ones are preparation of lesson, skill in presentation, and results attained. B. Government 35% The teacher's power in government is shown in the general spirit of the schools, and in the atti- tude the pupils take toward their daily tasks, to- ward each other and toward the school property. C. General Characteristics 20% Under this head the personality of the teacher, his professional and community interest, and all those qualities that make the best citizenship should be considered. OTHER EXAMINATIONS. I. BY THE STATE BOARD OF EDUCATION. 1. High School Equicah'itc!/.- -This examination is for the benefit of those who have not bad a regular high school course in a certified or com- missioned school. The examination is held by the county superintendent but the papers are marked by the State Board of Education. Success in this examination qualifies for the Normal Training. The questions and requirements are as follows: First Division. Last Saturday of January, March, May and Jul.v Six questions in Algebra. Six questions in Latin or German. Six questions in Botany or Zoology. Fourteen questions in English. Second Division. Last Saturday of February, April, June and August. Eight questions in Geometry. Six questions in Physics or Chemistry. Ten questions in General History and Civics. Six questions in Physical Geography. A passing grade is a general average of 85%, with no grade below 75%. An applicant making the required average and falling below in no more than one subject in each division may be conditioned. This condition may be removed at some subsequent examination within the same calendar year. Both divisions of this examination must be taken in one calendar year. II. BY THE COUNTY SUPERINTENDENT. 1. Special for Teachers. In case of scarcity of teachers, a township trustee or a school board may serintendent with a writ- ten request for a special examination. The county superintendent then makes public announcement of the time and place of such examination and secures from the State Board of Education questions for the same. All the rules and regulations relating to regular examinations apply without change to the special examinations. Special examinations should be dis- couraged. 44 SCHOOL LAW OF INDIANA. 2. For Common School Graduation. In March, April and May counry superintendents are required by law to "provide for the examination of al! applicants for graduation in the common branches from township, district or town schools." Questions for these examinations are prepared by a committee of su- perintendents appointed by the County Superintendents' Association. NOTES. 1. All the examination questions for licenses and equivalency are pre- pared by the State Board of Education. 2. All examinations except those otherwise noted are held by the County Superintendents. These examinations occur on the last Saturday of each of the first eight months of the year. 3. The State Superintendent does not hold examinations. 4. Applicants desiring a license good in all counties of the State must send their manuscripts to the Department of Public Instruction. A fee of one dollar must accompany the manuscript. This fee entitles the sender to three trials unless a license is made on the first or second trial. The fee is required for all licenses issued by the State Superintendent; com- mon school, primary, high school, supervisors and kindergarten. An appli- cant who writes upon more than one supervisor list must pay one dollar for each list taken. 5. Manuscripts sent to the State Superintendent must be desiginitert by number. A manuscript containing the author's name will not be graded. 6. Except in the Sixty Mouths examination the applicant cannot des- ignate the grade of license desired but must accept whatever license his grades and eligibility allow. 7. All licenses issued by the State Superintendent are delivered to the applicant by the superintendent of the county in which the examina- tion was taken. 8. At the beginning of each examination all strangers must be identi- fied both as to given and surnames. Those who come from other counties should present written permission from their home county and state li- censes. 9. The power to revoke all county and state licenses rests in the county superintendent. The causes for revocation are incompetency, im- morality, cruelty or general neglect of the business of the school. [1873, p. 68. Approved March 8, 1873.] 28. Pay and mileage of board. 156. The members of said board, other than the governor and state superintend- ent of public instruction, shall be entitled to receive for their services, while actually engaged in the duties of their office, five dollars per day and five cents per mile necessarily traveled while so engaged; which amount shall be certified by the board to the auditor of the state, who shall draw his warrant therefor, payable out of the general fund, which SCHOOL LAW OF INDIANA. 45 sum shall be reimbursed to the general fund by the treas- urer of the board paying into it that amount out of the money received by him as fees for certificates; and if there be any residue of money received as such fees, it shall be expended by the superintendent of public instruction in the purchase of suitable books for an office library. Said board shall be allowed the necessary expenses incurred in the dis- charge of the duties required of the same, for clerk hire, postage, etc.; which expenses shall be paid as the expenses of the members of the board are paid. (R. S. 1908, 6319.) 46 SCHOOL LAW OF INDIANA. CHAPTER IV. COUNTY SUPERINTENDENT. 29. County superintendent. 30. Impeachment. 31. Eligibility. 32. Salary. 33. Traveling expenses. 34. Assistant. 35. General duties. 36. Cities exempt from superintendence. 37. Examinations for graduations. 38. Shall examine teachers. 39. Record book Report to State Sup't. 40. May revoke license. 41. Office Supplies. 42. Traffic in examination questions. 43. State license. SEC. 44. Record of examination. 45. Items for success grades. 46. Superintendents furnish items. 47. Issuance and record of success statement 48. Appeal from statement. 49. When must enumerate. 50. Annual reports. 51. Apportionment Report. 52. Duty as to school fund. 53. Duty as to interest and loss, school fund. 57. Appeals from township trustees. 55. Appeals from County Superintendent 56. Interest in private normal school. 57. Penalty. 58. Duty of Prosecuting Attorney. [1899, p. 240. Approved March 3, 1899.] 29. Schools County Superintendent Election Term. 1. The township trustees of each county of this state shall meet at the office of the auditor of their county on the first Monday in June, 1911, at 10 o'clock a. m., and every four years thereafter, and elect by ballot a county superintendent for their county. Such county superintendent, unless sooner removed, shall hold his office until. his successor is elected and qualified. Before entering upon the duties of his office he shall subscribe and take an oath to perform faithfully such duties according to law; which oath shall be filed with the county auditor. He shall also execute a bond, to the approval of the county auditor, payable to the State of In- diana, in the penal sum of five thousand dollars, conditioned upon the faithful discharge of his duties, according to law, and faithfully to account for and pay over to the proper persons all moneys which may come into his hands by vir- tue of such office. As soon as such bond be filed, the county auditor shall report the name and postoffice of the person so elected to the state superintendent of public instruction. Whenever a vacancy may occur in the office of county su- perintendent the said township trustees, oh at least three SCHOOL LAW OF INDIANA- 47 days' notice given by the county auditor, shall assemble at 10 o'clock a. m., on the day designated in such notice, at the office of such auditor, and fill such vacancy by ballot for the unexpired term. In all elections of a county superin- tendent the county audtor shall be the clerk of such election; and in case of a tie vote the auditor shall cast the deciding vote. In case any one candidate shall receive a number of votes equal to one-half of all of the trustees of the county, then the county auditor shall then and at all subsequent ballots cast his vote with the trustees until some candidate shall receive a majority of all the votes in the county, in- eluding the county auditor. Such auditor shall keep a lecord of such election in a book kept for that purpose. (K. S. 1908, 6376 as amended 1911, p. 28.) [1899, p. 240. Approved March 3, 1899.] 30. Impeachment. 2. Any county superintendent may be impeached for immorality, incompetency or general neg- lect of duty, or for acting as agent for the sale of any text- book, school furniture, maps, charts or other school sup- plies, and such impeachment proceedings shall in all things be governed by the provisions of law now in force for im- peaching county officers. (R, S. 1908, 6377.) 1. STATUTE. For the statutes concerning impeachment of officers, see K. S. 1908, 9648. 2. MEETING OF TRUSTEES. The trustees may be compelled by manda- mus to meet and elect a county superintendent, but they can not be com- pelled to elect a particular person to the office. If they fail to meet on the proper day, they may thereafter meet and elect such officer. Wampler v. State, 148 Ind. 557 ; Sacket v. State, 74 Ind. 480. State v. Harrison. G7 Ind. 71, is overruled by Wampler's case. 3. MODE OF ELECTION. The auditor has a right to act as the clerk of the board of election, keep a record of the same, and give the casting vote in case of a tie. The auditor's declaring a person elected does not amount to anything; he has no right to make such declaration. It is the duty of the board of trustees to do that, and until they finally settle the matter a member has a right to vote. State v. Kilroy, 86 Ind. 118. 4. WOMEN. ELIGIBLE. Any woman, married or single, possessing the qualifications prescribed for men, shall be eligibie to any office under the general or special school laws of this state. Burns R. S. 1908, Sec. 6672. 5. DISPUTED ELECTION. The qualifying of the appointee consists in the execution and acceptance of the required bond, and taking and subscrib- ing the oath of office. A person who has received the certificate of appoint- 48 SCHOOL LAW OF INDIANA. ment and taken the above action is county superintendent, at least de facto. If the validity of the appointment is disputed, the right to the office may be tested by a writ of quo warranto against one of the claimants. 6. JUDICIAL NOTICE. Courts take judicial notice of the year in which county superintendents are to be elected. Wampler v. State, 148 Ind. 557. 7. LENGTH OF TERM. A county superintendent, properly elected and qualified, holds his office until his successor is elected and qualified. State v. Sutton, 99 Ind. 300. 8. RECORD OF ELECTION. The record of a superintendent's election, made by the county auditor, is prima facie correct, and is prirna facie evi- dence of such election. State v. Sutton, 99 Ind. 300. 9. ELECTION BY BALLOT. In a suit regarding the validity of an elec- tion the ballots are the best evidence, but when they have been lost, it is proper for the jury or court to consider the testimony of trustees who cast the ballots, and of those svho counted them and announced the result State v. Sutton, 99 Ind. 300. 10. ACQUIESCENCE IN ELECTION. Where the trustees agreed that the election should be by ballot, adhered to that mode throughout, and at the time the result was announced supposed the result was correctly an- nounced, it was decided by the court that an adjournment without an ob- jection was not an acquiescence in the result, and that such action did not amount to an acquiescence in the result. State v. Sutton, 99 Ind. 3UO. Without, however, regard to whether the votes of a majority of all the school trustees are necessary to the valid appointment of a county super- intendent, where such trustees recognize the appointment as valid, and the appointee qualifies and enters upon the duties of the office with the acqui- escence of all others, he may compel his predecessor to deliver the records of the office to him. McGee v. State, 103 Ind. 444. 11. MANDAMUS. Mandamus is the proper remedy to compel a super- intendent to turn over the records and furniture of the office to hi& suc- cessor. McGee v. State, 103 Ind. 444. 12. RESIGNATION. Where, without notice of the withdrawal of a resignation previously made, the time arrives for it to take effect, and a successor to the incumbent is duly appointed, no formal acceptance of such resignation is necessary to deprive such incumbent of title to the office. McGee v. State, 103 Ind. 444. 13. REGULARITY OF APPOINTMENT. One can not contest the regularity of the appointment of a successor, who has become invested with an ap- parent title, by refusing to surrender the records of the office. McGee v. State, 103 Ind. 444. 14. TRUSTEES PRESENT AND NOT VOTING. There were eight trustees, all there were in the county, present. Four voted for A, and the other four declined to vote. The chairman announced that the vote was a tie, and the auditor then voted tor A, and the chairman declared him elected. A qualified and demanded the office. It was decided that he was duly elected ; that there was a quorum present ; that he received the votes of all those present and voting, which was a majority of the number necessary to con- stitute a quorum, and that he received the necessary number without the vote of the auditor, who would only be entitled to vote in case of a tie. State v. Dillon, 125 Ind. 65. SCHOOL LAW OF INDIANA. 49, 15. AUDITOR VOTING. Township trustees met at the time required by statute; several ineffectual votes were taken, and on the last ballot one- half of the trustees voted for E, and the others voted blanks. A resolu- tion was then offered declaring that E be appointed. The vote ou this resolution was evenly divided for and against it. The auditor then gave si casting vote for the resolution and a certificate of election was issued to E. it was held that the election of E was void. State v. Ed- wards, 114 Ind. 581. This case, however, has been modified by the decision in the case cited in note IT, and it was overruled in State v. McFarland. 149 Ind. 2G(J, where it was decided that the county auditor is authorized to give the casting vote in case of a tie in all instances, regardless of the method adopted in voting. Now the election must be by ballot. 16. FILING BOND. Mere failure to file the bond within the time re- quired by law does not render the office vacant. Board v. Johnson, 124 Ind. 145. The auditor can not refuse to approve the bond on the ground that the superintendent was corruptly elected. State v v Board, 124 Ind. 554. 17. WHEN MAY BE REMOVED. Formerly a county superintendent could be removed at a special term of the board of county commissioners. Huf- forcl v. Conover, 139 Ind. 151. But now he must be removed by impeach- ment in the circuit court. Sec. 93. 18. TRUSTEE INCOMPETENT. The election of a county superintendent can not be declared illegal on the ground that a trustee, whose vote he re- ceived, and which was necessary to his election, was incompetent to hold the office of trustee. State v. Crowe, 150 Ind. 455. 19. NOT A JUDICIAL OFFICE. The office of county superintendent is not a judicial office. Branaman v. Hinkle, 137 Ind.,496. 20. NOTICE OF MEETING. Tire trustees meet for a regular election by command of the statute, not by virtue of the auditor's call ; but it is proper for the auditor to notify them of the time of the meeting. On the occur- rence of a vacancy the auditor notifies the trustees of the fact and fixes the day for them to assemble to fill it. 21. RECONSIDERATION OF ELECTION OR VOTE. If an election results, and is duly declared, the right of the person elected is consummated, and he can not be deprived of his office by the subsequent action of the board. Michener, Atty.-Gen. 22. TIE. A tie means that two opposing candidates have each an equal number of votes. Baldwin, Atty.-Gen. See notes 15 and 16. 23. RECOGNITION BY STATE SUPERINTENDENT. It is made the duty of the county auditor to report to the superintendent of public instruction the name and address of the person appointed. That is the means provided by law for informing the state superintendent who has been appointed and he has no power to decide upon the validity of an election on informa- tion furnished from other sources, evidence aliunde. That is a question for the courts. 24. DISPUTED ELECTION. The qualifying of the appointee consists in the execution and acceptance of the required bond, and taking and sub- scribing the oath of office. A person who has received the certificate of appointment and taken the above action is county superintendent, at least [4 -27277] 50 SCHOOL LAW OF INDIANA- de facto. If the validity of the appointment is disputed, the issues may be joined by an action to replevin the records and properties of the office or by a writ of quo warranto against one of the claimants. 25. OFFICER DE JURE. When a new superintendent is elected and qualified, all acts of his predecessor are void, which are performed there- after. Hord, Atty.-Gen. 26. CITY AND TOWN BOARDS. The president of city and town school boards can not participate in the election of a county superintendent. Hord, Atty.-Gen. 27. WHEN MAY TAKE OATH AND FILE BOND. The newly elected county superintendent may file his bond and take the oath of office as soon as he is elected. 28. TIE VOTE. If there be six trustees, and A receives three votes, and B, C and D one each, then there is no "tie," as no one has received an equal number of votes with A ; in that event the county auditor can not vote. [1911, p, 156. Approved March 2, 1911.1 31. County Superintendent Qualifications, 1. That no person shall be eligible to or shall hold the office of county superintendent, who has not been actively engaged in school work for a period of not less than two years out of the ten years next preceding his election, and hold at the time of his election, either three years state license, a sixty months license, a life or professional license, granted upon exam- ination as now provided by law.. 32. Salary in the Several Counties. 2. The county su- perintendent shall receive a salary for his services as fol- lows: Adams county, $1,408.50; Allen county, $1,408.50; Bartholomew county, $1,408.50; Benton county, $1,408.50; Blackford county, $1,408.50; Boone county, $1,408.50; Brown county, $900.00 ; Carroll county, $1,400.00; Cass county, $1,408.50; Clark county, $1,408.50; Clay county, $1,408.50; Clinton county, $1,408.50; Crawford county, $1,400.00; Daviess county, $1,408.50; Dearborn county, $1,408.50; Decatur county, $1,408.50; Dekalb county, $1,408.50; Delaware county, $1,408.50; Dubois county, $1,408.50; Elkhart county, $1,408.50; Fayette county, $1,408.50; Floyd county, $1,408.50; Fountain county, $1,408.50; Franklin county, $1,408.50; Fulton county, $1,408.50; Gibson county, $1,408.50; Grant county, $1,408.50; Greene county, $1,408.50; Hamilton county, $1,408.50; Hancock county, $1,408.50; Harrison county, SCHOOL LAW OF INDIANA- . 51 $1,408.50; Hendricks county, $1,408.50; Henry county, $1,408.50; Howard county, $1,408.50; Huntington county, $1,408.50; Jackson county, $1,408.50; Jasper county, $1,408.50; Jay county, $1,408.50; Jefferson county, $1,408.50; Jennings county, $1,408'.50; Johnson county, $1,408.50; Knox county, $1,408.50; Kosciusko county, $1,408.50; Lagrange county, $1,408.50; Lake county, $1,408.50; Laporte county, $1,408.50; Lawrence county, $1,408.50; Madison county, $1,408.50; Marion county, $1,408.50; Marshall county, $1,408.50; Martin county, $1,408.50; Miami county, $1,408.50; Monroe county, $1,408.50; Mongomery county, $1,408.50; Morgan county, $1,408.50; Newton county, $1,408.50; Noble county, $1,408.50; Ohio county, $800.00; Orange county, $1,408.50; Owen county, $1,408.50; Parke county, $1,408.50; Perry county, $1,408.50; Pike county, $1,408.50; Porter county, $1,408.50; Posey county, $1,408.50; Pulaski county, $1,408.50; Putnam county, $1,408.50; Kandolph county, $1,408.50; Eipley county, $1,408.50; Eush county, $1,408.50; Scott county, $1,000.00; -Shelby county, $1,408.50; Spencer county, $1,408.50; Starke county, $1,408.50; Steuben county, $1,408.50; St. Joseph county, $1,408.50; Sullivan county, $1,408.50; Switzerland county, $1,400.00; Tippecanoe county, $1,408.50; Tipton county, $1,408.50; Union county, $1,325.00; Vanderburgh county, $1,408.50; Vigo county, $1,408.50; Vermillion county, $1,408.50; Wabash county, $1,408.50; Warren county, $1,408.50; Warrick county, $1,408.50; Washington county, $1,408.50; Wayne county, $1,408.50; Wells county, $1,408.50; White county, $1,408.50; Whitley county, $1,408.50. 33. Traveling Expenses. 3. The traveling expenses of the county superintendent, not exceeding one hundred dol- lars ($100) annually, incurred while in the discharge of his official duties within his county shall be paid by the county treasurer upon a warrant issued by the county auditor. The county superintendent shall make affidavit to the county auditor, before such warrant shall issue from the county auditor to the county treasurer. 52 SCHOOL LAW OF INDIANA. 34. Assistant Appointment. 4. The board of county commissioners may authorize the county superintendent to appoint an assistant to assist him in the execution of his official duties if in their judgment such an assistant is necessary. Such assistant shall he appointed by the county superintendent and shall work under his direction and su- pervision. Such assistant shall receive for his services ren- dered, an amount not to exceed three dollars per day for not to exceed one hundred and twenty days in any one year. Such amount to be paid by the county treasurer upon warrant issued by the county auditor. [1889. p. 240. Approved March 3, 1899.] 35. General duties. 4. The county superintendent shall have the general superintendence of the schools of his county, he shall attend each township institute at least once in each school year, and as often thereafter as pos- sible, and preside over and conduct its exercises. He shall visit schools while they are in session for the purpose of in- creasing their usefulness and elevating, as far as prac- ticable, the poorer schools to the standard of the best. He shall conduct teachers' institutes and encourage other like associations, and shall labor, in every practicable way, to elevate the standard of teaching and to improve the con- dition of the schools of his county. In all controversies of a general nature arising under the school law, the decision of the county superintendent shall first be obtained; and then an appeal, except on local questions relating to the legality of school meetings, establishment of schools, and the location, building, repair or removal of school houses, or transfer of persons for school purposes and resignation and dismissal of teachers, may be taken from his decision to the state superintendent of public instruction on a writ- ten statement of facts, certified to by such county superin- endent. Nothing in this act, however, shall be construed so as to change or abridge the jurisdiction of any court in cases arising under the school laws of this state; and the right of any person to bring suit in any court in any case arising under the scr.>ol laws shall not be abridged by the SCHOOL LAW OF INDIANA. 53 provisions of this act. He shall at all times carry out the orders and instructions of the state board of education and the state superintendent of public instruction, and shall constitute the medium between such state superin- tendent and subordinate school officers and the schools. (E. 8. 1908, 6379.) 1. CARE AND OVERSIGHT. The superintendent has the care and over- sight of the schools of his county, with authority to direct in their organiza- tion and management. 2. POWER AS TO COURSE OF STUDY AND RULES. The management and control of the school is conferred by law upon the trustees, and this power involves the right to prescribe a course of study and make rules and regula- tions. But the trustees also appoint a county superintendent, who, in a large department of school government, is the representative and agent of the trustees, and to him their powers are delegated so far as is necessary to successful administration. If neither the county board of education nor the trustees individually have taken the necessary action, the superintend- ent may arrange a course of study and direct its enforcement in the schools, and may make reasonable rules and regulations, and the refusal of a teacher to obey the superintendent in these particulars would be such "neglect of the business of the school" as would warrant a revocation of his license, or would indicate such incompetence "to successfully teach" as would warrant a refusal to grant him another license. 3. LIABILITY. A county superintendent is not liable for his official acts, unless they were wanton and malicious, where he has a discretion in their performance. Branarnan v. Hinkle, 137 Ind. 496 ; Elmore v. Overton, 104 Ind. 548. 36, Cities exempt. 5. City schools, however, having duly appointed superintendents, shall be exempt from the general superintendence authorized by this act, upon a written request of the school board of said cities that such supervision be not extended to such cities by the county superintendent. (E, S. 1908, 6386.) 37. Examinations for graduation. 6. The county superintendent shall provide for the examination of all applicants for graduation in the common school branches from township, district or town schools during the months of March, April and May, and furnish them certificates of graduation, if in the judgment of the county superintend- ent they are entitled thereto, which shall entitle the recipi- ents to enter any township, town or city high school of the state if he be otherwise entitled to the privileges thereto. 54 SCHOOL LAW OF INDIANA- He shall likewise provide for the examination of all appli- cants for graduation from the township graded or town graded high schools not employing a superintendent dur- ing the months of April, May and June, and furnish them certificates of graduation, if entitled thereto. He shall at- tend as many commencements as he can of the township and town schools, and also of the township and town high schools. He shall hold one preliminary institute in each township in his county before the schools for that school year open, for the purpose of helping the teachers in the organization of their schools and giving any other needed assistance; but instead of holding such preliminary insti- tutes in each township, he may hold a joint institute for two or more adjoining school corporations. (R. S. 1908, 6387.) 1. A common school graduate is entitled to high school privileges, in- cluding a high school transfer if there be no high school maintained in his own school corporation. 38. Shall examine teachers. 7. The county superin- tendent shall hold one public examination, beginning on the last Saturday of January, February, March, April, May, June, July and August of each year. In no case shall he hold a private examination, but special public examina- tions may be heM any time upon written request of school boards as hereinafter provided. The county superintend- ent shall examine at such examinations, by a series of ques- tions furnished by the state board of education, all appli- cants for license as teachers in the common schools of the state. Before any applicant can be examined he shall pro- duce to the county superintendent a certificate of good, moral character from a school trustee of the county, then in office, or other satisfactory written evidence of good moral character, which certificate or other evidence shall be marked filed on that date by such county superintend- ent and preserved as an office paper. If, from the ratio of correct answers, the applicant is found to possess knowl- edge which is sufficient in the estimation of the county superintendent to enable said applicant successfully -to teach, in the common schools of the state, orthography, SCHOOL LAW OF INDIANA. 55 reading, writing, arithmetic, geography, English grammar, physiology, the history of the United States, scientific tem- perance and literature, to govern such schools, and is versed in the science of teaching, the county superintendent shall at once fill out and deliver to such applicant a license for a term of six (6), twelve (12), twenty-four (24) or thirty-six (36) months, according to the ratio of correct answers and other evidences of qualifications given upon said examination, the standard of which shall be fixed by the county superintendent; and in examining persons for positions to teach in graded schools in cities and towns, the county superintendent may take into consideration special fitness of such applicants to perform the services required of them, and shall make on the licenses issued to such applicants a statement of the kind of work for which they are especially qualified; and all applicants, before being licensed, shall produce to the county superintendent the proper trustee's certificate or other satisfactory evidence of a good moral character: Provided, That a six months' license shall be regarded as a trial license, and that no person who hereafter receives a six months' license in any county shall be again thereafter licensed from said county unless he obtains a grade which shall entitle him to receive at least a twelve months' license: And provided, That any person now possessing a thirty-six months' license, whose next consecutive license shall be for a term of thirty- six months, or any person who shall hereafter receive two licenses in succession, each for thirty-six months, may re- ceive, at the expiration of such several licenses, a license for the term of eight years upon such an examination held by the county superintendent as may be prescribed by the state board of education, and such license shall issue only upon the approval of the state board of education, and shall be styled a professional license, and shall entitle the holder to teach in any of the schools of this state: Pro- vided, That any person who has taught for six consecutive years in the common schools of this state, and now holds a three years' license to teach therein, or who, having 56 . SCHOOL LAW OF INDIANA- previously taught for six consecutive years in said com- mon schools, and shall hereafter obtain a three years' license to teach therein, or who has heretofore been ex- empted, shall be forever afterward exempt from examina- tion so long as he or she shall, teach in the common schools of the county in which said three years' license was obtained; but if such person shall, at any time after said exemption accrues, suffer a period of one year to pass without having taught one full school year in the common schools of the county within said period, then said exemp- tion shall cease at the option of the county superintendent ; and if such person shall, during such exemption, seek employment to teach other or higher branches in the com- mon schools of this state than those branches which were included in the examination upon which said three years' license was issued, then he or she shall be examined in such additional branches : Provided, That said county superin- tendent be authorized to issue an exemption license upon proper affidavit or affirmation of said applicant, and that said exemption license be subject to revocation as other licenses issued by said county superintendent. (R. S. 1908, 6388.) 1. APPEAL. If an applicant for a license is not satisfied with the grad- ing of his county superintendent he may appeal to the superintendent of public instruction ; and if, on the other hand, any patron of a school thinks that u teacher thereof has been too liberally graded, the same right of ap- peal exists in such patron as in the applicant for a license. 2. INCOMPETENT TEACHER. A county superintendent may refuse to license a teacher whom he knows to be incompetent to teach. There are two ways that such knowledge may come to him : 1st. From personal visitation and inspection of his school work. 2d. From statements made by those in a position to inspect such work. 3. EXEMPTION LICENSE. The law expressly says that a teacher must teach without interruption after a license is issued to him under the ex- emption clause of this section. The county superintendent may requiiv such evidence of his teaching in other counties as will satisfy him that the teacher has done the necessary work, and that he has shown a degret 1 of success sufficient to justify the superintendent in granting the renewal. The teaching in other counties may be credited if the county superin- tendent is fully satisfied that the teaching in other counties has been successful. 4. POWERS OF SUPERINTENDENT NOT JUDICIAL LIABILITY. The county superintendent belongs to the executive department of the government: he SCHOOL LAW OF INDIANA. f)7 acts in neither ;i jiulici.il nor quasi-judicial capacity in licensing persons to teach, and lie has a discretion on the subject of licensing teachers, which is so far analogous to judicial discretion that he is protected from any claim for damages on account of any mistake in his decisions, or error in judgment, either in granting or withholding a license. Yet he is liable in damages for maliciously withholding a license to teach from an appli- cant lawfully entitled to receive the same, and he will be held to have acted maliciously where he acts either from willful and wicked or from corrupt motives. Elmore v. Overton, 104 Ind. 548. 5. LICENSE AND CERTIFICATE. There is no legal distinction between the granting of a license to teach and the act of issuing a certificate of that fact. The terms are convertible, and the "licensing" implies the issuing to an applicant of a written permission to teach in the public schools. Klimire v. Overtoil, 104 Ind. 548. (J. Inasmuch ;>s the Law requires that a beginning teacher must pos- sess a twelve months' license the provision concern ing six months' licenses has become obsolete. 7. DISCRETION. Reasonable discretion of the county superintendent can not be controlled by the courts. 8. MANDAMUS. Mandamus will not lie to compel the issuance of a teacher's certificate by the county superintendent ; the superintendent be- ing vested with a discretionary power, the court may compel him to act upon an application, but can not control his discretion. The mode of pro- cedure in such case is an appeal to the superintendent of public instruc- tion, and if after hearing the case he orders the county superintendent to issue a certificate, mandamus would lie to compel him to do so. 9. MINISTERIAL m TY. Mandamus is the proper action to compel an officer to perform any ministerial duty, but mandamus will not lie to compel the performance of any discretionary duty. 10. LIABILITY. If a county superintendent make an honest mistake in his judgment as to his duties under the* law, or as to facts submitted to him, where he has a discretion, it will not render him liable for dam- ages. Branamaii v. Hinkle, 137 Ind. 490; Elmore v. Overton, 104 Ind. 548. 11. Music. Notwithstanding this section does not require an appli- cant for a license to be examined in music, yet the school trustee may re- quire music to be taught in the schools. Myers Publishing Co. v. White River School Township, 28 Ind. App. 91 ; 62 N. E. Rep. 66. 12. Loss OF CERTIFICATE, ETC. The certificate is only the evidence of a license. It follows that if a teacher loses his certificate he remains licensed, and should be so treated, provided he can prove the facts. In such case a duplicate certificate may he issued from the superintendent's record. The failure of an applicant upon examination does not affect a license previously issued to such applicant, or afford ground for its revo- cation. 13. ILLEGAL ISSUES OF LICENSES. If a new superintendent finds that licenses have been illegally issued by his predecessor, he should cancel the records and certificates thereof, and notify the school trustees in the county of such action. Before taking this action he should carefully in- vestigate the facts, and notify the parties interested, giving them an op- portunity to show that their licenses are valid. 58 SCHOOL LAW OF INDIANA- 14. Special teachers do not need general licenses, but must be licensed in the subjects they teach. lo. ADDITIONAL BLANCHES. Ordinarily, an examination in the enu- merated subjects is sufficient, but when a person is to teach other branches, his proficiency therein should not be left to conjecture. He should be ex- amined by the county superintendent in such "other branches" as he is expected to teach. This is expressly stated in the law in case a district school meeting has designated additional branches, and is an obvious infer- ence in all cases where additional branches are to be taught. 16. PRINCIPAL AND HIGH SCHOOL TEACHERS IN TOWN AND CITY SCHOOLS. I think the spirit of the law is fully complied with when high school teach- ers pass examination in such branches and only such as they are required to teach. If an applicant is to teach say Latin, geometry, general history and physics, I see no good reason for requiring him to pass on the "eight common school branches." The intention of the law clearly is that a teach- er's fitness to teach should be based on a knowledge of the branches he may be required to teach. 39. Record-book Report to state superintendent. 8. The county superintendent shall provide a blank-book, at the expense of the county, in which he shall keep a rec- ord of his proceedings, and shall deliver such record, and all other books, papers and property appertaining to his office, to his successor. He shall also keep a record of all applicants for a license, kind and length of the license to which each successful applicant is entitled, as well as the number of licenses revoked by him. He shall report to the state superintendent of public instruction the names (and dates thereof) of those whose licenses he revokes. (R. S. 1908, 6392.) 1. FABOL PROOF or CONTENTS OP RECORD. The presumption is that a county superintendent keeps a record of his proceedings, which is the best evidence of his acts in either granting or refusing a license; and in an ac- tion against him for maliciously withholding a license, oral proof of his admission that he had granted a license to the applicant is inadmissible unless it is averred in the complaint and first shown that he kept no such record as required by the statute, or that such record is incorrect. Elmore v. Overtoil, 104 Ind. 548. 2. RECORDING DECISION. The decision of the superintendent is bind- ing, on appeal, on the trustee from the time it is given, though not entered in the superintendent'? record until afterwards. Knight v. Woods, 129 Ind. 101. 40. May revoke license. 9. The county superintendent shall have the power to revoke licenses heretofore granted by himself or predecessors or hereafter granted by the SCHOOL LAW OF INDIANA- 59 state superintendent of public instruction, for incompe- tency, immorality, cruelty or general neglect by the holder of the business of his school. Due notice of such revoca- tions shall be given in writing by the county superintend- ent and an appeal therefrom shall lie to the state superin- tendent of public instruction, and if the same be taken within five days after notice is given it shall operate as a stay of proceedings until the state superintendent of public instruction shall have passed upon such appeal. The revocation of the license of any teacher shall terminate his employment in the school in which he may have been employed to teach. (R. S. 1908, 6393.) 41. Office Supplies. 11. The board of county com- missioners shall provide and furnish an office for the county superintendent of their county, allow and pay all costs in- curred by him for postage, stationery and records in carry- ing out the provisions of this act, upon his making to them satisfactory proof thereof. (R. S. 1908, 6395.) [1905, p. 584. Approved March 10, 1905.] 42. Traffic in examination questions. 533. Whoever shall trade, sell, barter or give away, or offer to sell, trade, barter or give away to applicants for teachers' license, or to any other person; or whoever shall buy, purchase, bar- ter, or trade for, or accept, any of the questions [prepared] by the state board of education, to be used by county school superintendents in the examination of teachers, [or] in any way dispose of or accept any of such questions, con- trary to the rules prescribed by said state board of educa- tion, shall, on conviction, be fined not less than fifty dollars nor more than five hundred dollars. (R. S. 1908, 2439.) [1899, p. 488. Approved March 6, 1899.] 43. State license. 1. The county superintendent shall examine at such examinations at such times and in such subjects as now required by law by a series of questions furnished by the state board of education, all applicants for license as teachers in the common schools of the state ; 00 SCHOOL LAW OF INDIANA- that such applicants shall have the right to elect to have their manuscripts sent to the state superintendent of pub- lic instruction for examination, which license shall not be confined to any particular county; but be taken as qualify- ing the person to whom granted, so long as in force, to teach anywhere within the state, if of the proper grade for the school for which he may be employed. Each applicant who so elects to have manuscripts sent to the state super- intendent of public instruction for examination shall, be- fore the examination begins, pay to the county superin- tendent a fee of one dollar, said payment to be made but once in any one calendar year, and if such applicant pre- sents himself at other examinations within the year, he shall exhibit a receipt to the county superintendent, show- ing that said fee has been hitherto paid: Provided, That no person shall be allowed more than three examinations in any one year, except on payment of one dollar for each additional examination. The county superintendent shall issue his receipt for all fees paid under the provisions of this act, and shall immediately send such fees to the state superintendent of public instruction, who shall issue his receipt therefor to the county superintendent. The state superintendent of public instruction shall use such funds in the employment of a sufficient number of qualified per- sons to grade the manuscripts and perform the services incident to the operation of the license system instituted by this act. The state superintendent of public insruction shall publish annually, under oath, an itemized statement of the receipts and disbursements of the moneys contem- plated in this act, stating for what paid and to whom paid, with proper receipts for the same, keeping the original re- ceipt on file in his office and open to public inspection. No examinations shall extend over a period of more than two days, and shall be conducted in the immediate presence of the county superintendent, pursuant to such instructions and directions as the state board of education may pro- vide. The manuscripts containing the answers to said questions shall be delivered by the applicant to the county SCHOOL LAW OF INDIANA. 61 superintendent, who shall designate the same by number. The county superintendent shall then record both the number of the manuscript and the name of the applicant in a record for that purpose, and send the fee named above and the grade of school-room success, and the manuscript of the applicant numbered as above, to the office of the state superintendent of public instruction for gradation. The professional ability of school-room success of an appli- cant shall be furnished by the county superintendent and graded from 50 to 100 per cent. Teachers employed in a city or town school shall be certified to on professional ability by the town superintendent (if there be one) or city school superintendent. This shall be accepted by the county superintendent as the estimate of the applicant's professional success. The general average in the branches which shall indicate the applicant's academic standing, fur- nished by the state superintendent of public instruction, shall constitute one part of the applicant's grade, and the per cent, placed upon the applicant's school-room success, shall constitute the other part. The sum of these two items divided by two, shall give the complete general average upon which all the license shall be issued. If from the ratio of correct answers the applicant is found to possess knowledge which is sufficient to enable him successfully to teach in the common schools of the state, orthography, reading, writing, arithmetic, geography, English grammar, physiology, the history of the United States, scientific tem- perance and literature, to govern such schools, and is versed in the theory of the school, the county superintend- ent shall at once report the name and postoffice address of such person to the state superintendent of public instruc- tion, together with the grade of license to which such appli- cant is entitled, and the state superintendent of public in- struction shall at once fill out and mail to such applicant a license for a term of twelve (12), twenty-four (24), or thirty-six (36) months, valid for teaching the above branches only; and for sixty (60) months, the latter to be known as a high school license; such high school license 62 SCHOOL LAW OF INDIANA- shall include, in addition to the subjects enumerated above, such additional subjects as the state board of education may elect, which license shall be for use in the non-commis- sioned high schools of the state: Provided, That for the proper classification of teachers' licenses named herein, the life license shall be denominated a license of the first grade ; a professional license shall be denominated a license of the second grade; the high school license shall be de- nominated a license of the third grade; the thirty-six months' license shall be denominated a license of the fourth grade; the twenty-four months' license shall be denominated a license of the fifth grade, and the twelve months' license shall be denominated a license of the sixth grade. The standard of all licenses shall be fixed by the state board of education by indicating the minimum per cent, in each branch and the required general average for each grade of license above enumerated. (R. S. 1908, 6389.) 44. Record of examination. 3. The county superin- tendent shall provide a blank book, in which he shall keep a record of minutes of his proceedings, and shall deliver such record, and all other books, papers and property ap- pertaining to his office to his. successor. He shall also keep a record of all applicants for license and the kind and the length of the license to which each successful applicant is entitled, as well as the number of licenses revoked by him. He shall report to the state superintendent of public in- struction the names of those whose licenses he revokes and the date of such revocation (R. S'. 1908, 6391.) 1. See section 39. [1903, p. 291. Approved March 9, 1903.] 45. Items for success grades. 1. The state superin- tendent of public instruction is hereby required to pro- vide from time to time such schedule of items as should, in his judgment, enter into the record and grading in the item of a teacher's success by the city, town and county superintendent of schools. (R. S. 1908, 6296.) SCHOOL LAW OK INDIANA. 63 46. Superintendents furnish items. 2. It shall be the duty of the city, town and county superintendents of schools to visit each year the teachers under their charge and supervision, and from personal inspection and other- wise make an itemized statement and grading of the suc- cess of each teacher under their charge, and in accordance with the rules and schedule of the state superintendent of public instruction, as provided in section 1 of this act. (R, S. 1908, 6380.) 47. Issuance and record of success statement. 3. It shall be the duty of each school superintendent to issue over his signature and deliver to each teacher under his supervision, not later than July 1, each year, such a state- ment of the success of each as is contemplated in section 2 of this act, and shall keep on file in a permanent record book duplicates of all such statements. A teacher's suc- cess grade so issued shall be his legal success grade for one year from the date of its issuance. (B. S. 1908, 6381.) SCHEDULE OF SUCCESS ITEMS. THE TEACHER 100% A. TEACHING POWER 45% Many items enter into this, but the principal ones are preparation of lesson, skill in presentation, and results at- tained K. GOVERNMENT .'55% The teacher's power in government is shown in the gen- eral spirit of the school, and in the attitude the pupils take toward their daily tasks, toward each other and toward the school property. C. GENERAL CHARACTERISTICS 20% Under this head the personality of the teacher, his pro- fessional and community interest, and all those qualities that make for the best citizenship should be considered. The city and town superintendents should hand the success grades to their teachers not later than July 1st each year, and forward copies of the same to the county superintendents, who will keep the official success rec- ords for the counties. The success grades of all teachers employed by town- ship trustees are issued by the county superintendent. 48. Appeal from statement. 4. The state superin- tendent of public instruction is hereby authorized to in- vestigate and revise such cases of unfair grading in the ) SCHOOL LAW OF INDIANA- items of a teacher's success as may be brought to his atten- tion in a written appeal, made and sworn to before any per- son authorized to administer oaths, not later than thirty days after the issuance of said grade. All such sworn statements and papers relating to the case shall be filed with the county superintendent of schools, and shall by him be forwarded to the state superintendent of public instruc- tion within ten days after the filing of such appeal. (E. S. 1908, 6382.) 1. APPEAL, Ou appeal, all papers must be filed with the county super- intendent, and by him be sent to the state superintendent of public instruc- tion. [1865, p. 3. Approved March 6, 1865.] 49. When must enumerate. 40. When any trustee shall neglect to file with the county superintendent an enumeration of the children of the township, town or city, as required by section 118, the county superintendent shall, immediately after the first day of May in each year, employ a competent person to take the same, and allow a reason- able compensation for such services, payable from the spe- cial school revenue of the township; and shall proceed to recover the same in the name of the state of Indiana, for the use of said revenue of said township, by action against the said trustee in his individual capacity ; and in such suit the county superintendent shall be a competent witness. (As amended 1873 p. 68, E. S. 1908, 6397.) 1. In so far as the provisions of the above section affect the trustee, they are penal and apply only where he has failed to file any report, and they have no application when a report in proper form, duly verified, ^as been filed. Young v. State, 138 Ind. 206. 50. Annual reports. 41. The county superintendent shall, on or before the fifteenth day of May, annually make out and forward to the state superintendent the enumera- tion of their respective counties, with the same particular discrimination required of the trustees. When, however, the state superintendent of public instruction, upon exam- ination of the enumeration returns of any county, or of any township, town or city of such county, finds any evidence that the enumeration is excessive in numbers, or otherwise SCHOOL 1-AW <)F INDIANA. 65 incorrect, lie may require the county superintendent to cause the enumeration of such county, township, town or city to be retaken and returned according to the provisions of this act, and the school revenue to be distributed to said county upon such corrected enumeration. If, however, the corrected enumeration is received by the state superin- tendent of public instruction too late for the semi-annual apportionment, the state superintendent of public instruc- tion shall make the apportionment on the last accepted enumeration. They shall, on or before the fifteenth day of October, annually furnish the statistical information which trustees are required to report to them in such form as may be prescribed by the superintendent of public instruc- tion. They shall also furnish with such statistical report such additional information, embodied in a written report, relative to the condition of schools, school houses, and the general progress of education, etc., in the county, as the state superintendent may from time to time call for. On failure of any county .superintendent to make his report of enumeration by the fifteenth day of May, his county shall be subject to a diminution of twenty-five dollars ($25) in the next apportionment of school revenue by the state superintendent, and on failure to make his statistical and other reports by the fifteenth day of October, his county shall be subject to a diminution of ten dollars ($10) in the next apportionment likewise. The sum thus withheld may be collected from said county superintendent, on his bond, in a suit before a justice of the peace, prosecuted in the name of the state, by any person living in said county who has children enumerated for school purposes for the cur- rent year, who is aggrieved by said diminution. Said suit may be commenced within two years from the time when said report is due, and not afterward : Provided, That said county superintendent may discharge himself from liabil- ity to such suit by a certificate of the postmaster that said report was mailed in due time, together with his own affi- davit of that fact. (As amended 1895 p. 197, R. S. 1908, 6398.) [527277] 66 SCHOOL LAW OF INDIANA- 1. PRIVATE INSTITUTIONS. County superintendents are expected to fur- nish statistical and other reports relative to private scnoois, high schools, colleges and other private institutions of learning within their respective counties, so as to enable the superitnendent of public instruction to present a view of all the educational facilities of the state. 2. MANDATE. Madamus lies to compel the county superintendent to make the report required by the above section, and the trustees of a town ship affected may bring the action for such a mandamus. Young v. State, 138 Ind. 206. 51. Apportionment Report. 42. The county super- intendent shall make out, from the lists of enumeration and the report of transfers, the basis of the apportionment of school revenue to the several townships, towns and cities of their respective counties, and parts of congressional townships of adjoining counties whose congressional town- ship fund is managed in their counties, and report the same to the proper county auditors by the first day of June, an- nually, so as to enable county auditors to accurately appor- tion the school revenue for tuition. (E. S. 1908, 6399.) 1. CONGRESSIONAL TOWNSHIPS. The basis of apportionment should show, by number and range, the congressional townships, or parts of con- gressional townships, which form each civil township, the number of chil- dren enumerated in each of such parts; also the whole number of children enumerated in each civil township. With the basis of apportionment he should file with the auditor a separate statement showing what congres- sional townships whose funds are managed in his county are divided by the county line ; also, the number of children enumerated in each part of such townships. [1873. p. 75. Approved March 8, 1873.] 52. Duty as to school fund. 7. The official dockets, records and books of account of the clerks of the courts, county auditor, county commissioners, justices of the peace, prosecuting attorneys, mayors of cities, and township and school trustees, shall be open at all times to the inspection of the county superintendent; and whenever he shall find that any of said officers have neglected or refused to collect and pay over interests, fines, forfeitures, licenses, or other claims, due the school funds and revenues of the state, or have misapplied the school funds and revenues in their pos- session, he shall be required to institute suit in the name of the state of Indiana for the recovery of the same, for the SCHOOL LAW OF INDIANA- 67 benefit of the school funds or revenues and make report of the same to the board of county commissioners and to the Btate superntendent. (R. S. 1908, 6402.) 1. SUIT AGAINST TOWNSHIP TRUSTEE. A county superintendent may bring an action against a defaulting township trustee ; but his right to bring such an action does not prohibit the successor of such trustee suing his predecessor. Nichols v. State, 65 Ind. 512. 2. See Carr v. State, 81 Ind. 342, concerning the power of county super- intendents to bring suit. 53. Duty as to interest and loss, school fund. 6. Such superintendent shall see that the full amount of interest on school fund is paid and apportioned, and, when there is a deficit of interest of any school fund, or loss of any school fund or revenue by the county, that proper warrants be is- sued for the re-imbursement of the same ; but no per centum beyond what is provided for herein and allowed shall in any case be paid him by said board of commissioners. (K. S. 1908, 6401.) [1865, p. 3. Approved March 6, 1865.] 54. Appeals from township trustees. 164. Appeals shall be allowed from decisions of the [township] trustees, relative to school matters, to the county superintendents, who shall receive and promptly determine the same, a- cording to the rules which govern appeals from justices of the peace to circuit courts, so far as such rules are appli- cable; and their decisions of all local questions relating to the legality of school meetings, establishment of schools, and the location, building, repair, or removal of school houses or transfer of persons for school purposes, and res- ignation and dismissal of teachers, shall be final. (R. S. 1908, 6667.) 1. TRIAL OF APPEALS. When the county superintendent has received a complete transcript of the case in controversy, he should fix a day for the trial, and all parties to the case should be notified of the subject-matter and the time and place of the trial. The case should then be tried de novo. No case should be decided by the superintendent from the transcript alone, without first giving all parties an opportunity to be heard. If after suffi- cient notice either appellee or appellant fails to appear, then, and only then, should the case be decided from the transcript. Upon appeal the case is tried de uovo upon its merits. 68 SCHOOL LAW OF INDIANA. 2. SUPERINTENDENT'S DECISION FINAL. The superintendent's decision prohibiting the erection of a school house on a location selected by the trustee is within his jurisdiction, and is final and binding en the trustee. Knight v. Woods, 129 Ind. 101. See Carnahan v. State, 155 Ind. 156. 3. REFUSAL TO DECIDE. A refusal of a trustee to decide a question presented properly to him will not prevent an appeal being taken from him ; for his refusal is a decision against the person who made the request for a decision.- -O'Brien v. Moss, 131 Ind. 99. 4. TRANSFER. An appeal lies from a refusal of a trustee to make a transfer of a pupil. Edwards v. State, 143 Ind. 84. 5. LOCATION OF SCHOOL HOUSE. An appeal lies from the trustee con- cerning the location of a school house. Kessler v. State, 146 Ind. 221 ; State v. Schmetzer, 156 Ind. 528. So of a joint school house. Henricks v. State, 151 Ind. 454. 55. Appeals from county superintendent. 165. Ap- peals shall be allowed from the decisions of county super- intendents to the superintendent of public instruction on all matters not otherwise provided for in the next preceding section; and the rules that govern appeals from justices of the peace to circuit courts as to the time of taking an ap- peal, giving bonds, etc., shall be applicable in appeals from county superintendents to the superintendent of public in- struction. (R. S. 1908, 6668.) 1. I'KOCELUKE. The same rules in regard to the time allowed for tak- ing au appeal and for making transcript etc., apply in case of appeals to Ihe state superintendent as to the county superintendent. The county su- perintendent should make a transcript of the record, and send it, together with all papers in the case, to the state superintendent, with his certificate indorsed thereon. He must specifically certify to the facts, for example, that A B applied for a certificate on a certain day, that upon examination a license was refused on certain grounds, that the inclosed papers are those made by the applicant, upon which he was rejected. A copy of the questions used and the nppeal bond should also be sent. In case a refusal to license is based upon the county superintendent's personal knowledge, he should make a statement of the facts, verified by affidavit, and forward it, together with corroborative testimony, and the testimony given in favor of the accused. If an appeal is taken in due form, the state superintend- ent may require the county superintendent to forward the papers to him, and upon refusal, may visit the county and make an examination into the facts of the case, find vender a decision that will be binding on all parties interested. 2. TRIAL BY STATE SUPERINTENDENT. The appeal is tried by the super- intendent of public instruction upon the papers sent up. Additional affi- davits may be filed with him and witnesses examined. Parties may appear before him, and a complete trial be hart, the snme as before the county superintendent. An applicant foi a license, who desires to appeal, should SCHOOL LAW OK INDIANA- G9 be allowed thirty days fron- the time the county superintendent's decision is rendered, not from the time of examination. If the license is denied be- cause of immorality, the county superintendent should specify in \vhat particular the immorality consists. On appeal the superintendent of. pub- lic instruction can not grant a license ; he can only order the county super- intendent to grant one. Should the latter refuse to grant it, a mandamus, nt the instance of the teacher, would lie to compel him to obey the direc- tion of the state superintendent. It an appeal is taken and the county superintendent refuses to send u : ) the papers, a mandamus will lie to com- pel him to send them. Or the superintendent of public Instruction can visit the county and try the case there. Merely writing a letter to the superintendent of public instruction by the party desiring to appeal, and stating that he appeals from the decision of the county superintendent, does not constitute an appeal. The initiatory steps must be taken in the matter with the county superintendent. 3. APPEAL AS TO WHOLE CAUSE. An appeal must be taken as to the whole case. State v. Miller, G3 Ind. 475. 4. CASI. TRIED UE NOVO. O)i appeal the case is tried de novo on its merits. [1901, p. 106. Approved March 6, 1901,1 56. Interest in private normal school. 1. No county superintendent shall conduct or assist in the conducting of any private or county normal school in this state, or re- ceive any pay or emolument from the management of such school. (R. S. 1908, 6383.) 57. Penalty. 2. Any person violating the provisions of this act shall be fined in any sum not exceeding one hun- dred dollars, and shall be removed from office. (E. S. 1908, 6384.) 58. Duty of prosecuting attorney. 3. It shall be the duty of the prosecuting attorney to bring an action in the name of the state of Indiana, on relation of himself, against any one violating the provisions of this act, for the enforce- ment thereof, and he shall recover from the defendant in such action a reasonable attorney fee. (E. S. 1908, 6385.) 70 CHAPTER V. TRUSTEE OF TOWNSHIPS, AND SCHOOL TRUSTEES OF TOWNS AND 'CITIES. SEC. 59. School township. 60. Oaths. Women eligible to school offices Bond for women officers. Township trustee Election. Manner of election. Ballots and ballot boxes. Trustees' term. Trustees Election Terms Duties. Cities exoepted. Trustees Bond Vacancy . General duties. Duration of school term . Janitors Care and management of school property. Towns and cities, corporations for school 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. Record Duty as to revenue. 75. Surplus special school revenue 76. Superintendent in cities and towns. 77. Trustee's reports. Failure to report. Neglecting dutie SEC. 80. Failure to serve. 81. Trustee's accounts. 82. Examination of Trustee and his books. 83. Correction of accounts Removal. 84. Trustees to take enumeration Who enum- erated. 85. Enumeration When filed Retaking. 86. Township in two or more counties Report. 87. County Board of Education. 88. Emergency school township debts legalized . 89. School township debts legalized. 90. School bond sales legalized. 91. Funding bonds Sales legalized. 92. Pending litigation. 93. School bonds Issue legalized. 94. Pending litigation. 95. Township debt certificates legalized. 96. Advisory board Provisions for payment. 97. Payment Notice. 98. Act remedial. 99. Schools Sale of property. 100. Sales legali/ed. 11859, p. 181. Approved March 3, 1859.] 59. School township. 1. Each and every township that now is, or may hereafter be, organized in any county in this state, is hereby also declared to be a school township, aoid, as such, to be a body politic and corporate, by the name and style of " school township of county, ' ' according to the name of the township and of the county in which the same may be organized; and, by such name, may contract and may be contracted with, sue and be sued, in any court having competent jurisdiction. (R. S. 1908, 6404.) * 1. CORPORATION DISTINCT. "There are two corporations in Greene county [contenniflous in territory], with almost the same name. * * * The iirst is denominated a civil township, the second a school township. * * * It must be contemplated" that the funds, etc., of these two corpora- tions shall be kept separate. It is as an officer of the school township, and not as an officer of the civil township, that the trustee has authority and SCHOOL LAW OF INDIANA- 71 power to levy a tax for the erection of school houses, and to expend the same for that purpose. We think it must follow that it is as trustee of the school township, and not as trustee of the civil township, that the trustee must contract for the building of school houses. We do not think the trustees of the civil township can legally contract for the building of a school house and make the civil township liable therefor." Carmichael v. Lawrence, 47 Iiid. 554; Utica Township v. Miller, 62 Ind. 230; Harrison School Township v. McGregor, 96 Ind. 185 ; Johnson v. Smith, 64 Ind. 275 ; Inglis v. State, 61 Ind. 212; Wright v. Stockman, 59 Ind. 65; Wingate v. Harrison School Township, 59 Ind. 520. A civil township has no power to make a contract for the benefit of school property. Jackson Township v. Barnes, 55 Ind. 136; Jackson Township v. Home Insurance Company, 54 Ind. 184; McLaughlin v. Shelby Township, 52 Ind. 114; Mcllwaine v. Adams, 46 Ind. 580 ; Hornby v. State, 69 Ind'. 102. [1865, p. 3. Approved March 6. 1869.] 60. Oaths. 166. School officers are hereby authorized and empowered to administer all oaths relative to school business appertaining to their respective offices. (R. S. 1908, 6669.) 1. NOTE. But school officers can not administer oaths upon any other than school matters, and it is hold that directors can not administer them at all. County superintendents and trustees may administer oaths to trustees and teachers reporting to them, and to witnesses in trials before them. [1881, p. 718, Approved April 14, 1881.] 61. Women eligible to school offices. 1. Any woman, married or single, of the age of twenty-one years and up- wards, and possessing the qualifications prescribed for men, shall be eligible to any office under the general or spe- cial school laws of this state. (R. S'. 1908, 6672.) 62. Bond binding. 2. Any woman elected or appointed to any office under the provisions of this act, before she enters upon the discharge of the duties of the office shall qualify and give bond as required by law, and such bond shall be binding upon her and her securities. (E. S. 1908, 6673.) [1897, p. 64. Approved February 25, 1897.J 63. Township Trustee Assessor Date of Election. 1. The time for holding the election of township trustees and assessors, shall be changed from the general election on 72 SCHOOL LAW OF INDIANA. the first Tuesday after the first Monday in November, 1912, to the general election on the first Tuesday after the first Monday in November, 1914; and at the general election on the first Tuesday after the first Monday in November of every fourth year thereafter. (R. S. 1908, 6983 as amended L. 1911 p. 113.) 64. Manner of election. 3. The election of said town- ship officers shall be conducted under the provisions of the law governing said general elections. (R. S. 1908, 6985.) 65. . Ballots and Ballot Boxes. 4. The names of the dif- ferent candidates for said township offices shall be printed on separate ballots of a yellow color and deposited in separate ballot boxes from that of the state and county bal- lots. Said ballot boxes shall be painted yellow, and said bal- lots and ballot boxes shall be prepared in conformity with the law governing said general election. (R. S. 1908, 6986.) [1901, p. 418. Approved March 11, 1901. In force May, 1901.1 66. Trustees' term. 3. The terms of office of all township trustees and township assessors to be elected at the general election in November, 1904, shall begin on the first day of January, 1905, and thereafter the terms of office of all township trustees and township assessors shall begin on the first day of January succeeding their election. (R. 8. 1908, 6989.) Township trustees are not eligible for more than four years in any period of eight years. See Burns' R. S. 1908, 9564. [1905, p. 437. Approved March 6, 1905. J 67. School trustees Election Terms begin August 1 Duties. 1. The common council of each city and the board of trustees of each incorporated town of this state shall at a regular meeting of such common council or board of trustees, after the incorporation of such city or town, elect three school trustees, who shall hold their offices one, two and three years, respectively, from and after the first day of the next succeeding August. The term of each of said trustees shall be determined bv lot at the time of such elec- SCHOOL LAW OF INDIANA. 73 tion by such common council or board of trustees, and an- nually thereafter the common councils of each city and the board of trustees of each incorporated town, at their regu- lar meetings in the month of June, shall elect one school trustee, who shall hold his office for three years from tlit first day of the next succeeding August. Such trustees shall constitute the school board of the city or town, and before entering upon the duties of their offices they shall take an oath faithfully to discharge the duties of the same. They shall meet within five days after the first day of August of each year and organize by electing one of their number president, one secretary and one treasurer. The treasurer, before entering upon the duties of his office, shall execute a bond to the acceptance of the county auditor, conditioned as an ordinary official bond, with at least two sufficient free- hold sureties, who shall not be members of said board, in a sum not less than double the amount of money which may come into his hands within any one year by virtue of his office. The president and secretary shall each give bond, with lilce sureties, to be approved by the county auditor, in any sum not less than one-third of the treasur- er's bond: Provided, That in case of a newly incorporated city or town such trustees shall meet within five days of their election and organize by electing the officers and giv- ing the bonds, as herein provided, which officers and bonds shall be continued until the first day of August next suc- ceeding such organization. All vacancies that may occur in said board of school trustees shall be filled by the com- mon council or board of trustees of the town, but such elec- tion to fill a vacancy shall only be for the unexpired term. The board of school trustees shall within five days after the first day of August of each year reorganize their boards and execute their bonds for the ensuing year. Said trus- tees shall receive for their services such compensation as the common council of the city or the board of trustees of the town may deem just, which compensation shall be paid from the special school revenue of the city or town: And, provided, further, That the present incumbents of the of- 74 SCHOOL LAW OF INDIANA- fices of school trustees of any city or town shall hold their offices until the first day of August next succeeding the ex- piration of their terms: Provided, further, That the pro- visions of this act relative to the appointment of school trustees shall not be mandatory upon those incorporated towns wherein the school corporations have been or shall hereafter be abandoned. (R. S. 1908, 6477.) 68. Cities excepted. 2. The provisions of this act shall not apply to cities of over fifty thousand inhabitants, according to the last preceding United States census. (R. S. 1908, 6478.) 1. School trustees for cities are elected by the common councils of the respective cities; and they have charge of the schools in their respective political districts. 39 Ind. App. 568. 2. The board of commissioners, and not the city council is the proper party to investigate alleged misdoings of the school trustees of a city. 31) Ind. App. 568. 3. RESIGNATIONS. A resignation of a town or city school trustee should be addressed to the body that elects, and is complete without formal acceptance ; yet its withdrawal even after acceptance but with the consent of the electing body is equivalent to a reappointuient. In case of such resignation an election to fill the vacancy may be held before the day set for the resignation td take effect. Leach v. State, 78 Ind. 570. 4. POWER AS TO VACCINATION. School trustees have the power, as a measure of public safety and to guard 'against a contagious disease, to order school children to be vaccinated, but they should exercise it with dis- cretion. In some localities there is no earthly danger of smallpox ; in others as a crowded city when the disease has made its appearance im- mediate measures should be taken. The school trustees of a city or town or township may be compelled, by a mandate of the courts, to enforce an order of the board of health requiring all children to be vaccinated before being permitted to attend the public schools during a threatened epidemic of smallpox. State v. Reil, 157 Ind. 25. See also Blue v. Beach, 155 Ind. 121. 5. OFFICE LUCRATIVE. As the statute provides for the compensation of town school trustees, their otlice is a lur-rative one within the meaning of the constitution, and a person can not hold it at the same time with another lucrative office. Chambers v. State, 127 Ind. 365. 6. TRUSTEES CONTRACTING WITH THEMSELVES. School trustees can not enter into a contract with themselves. 29 Mich. 19. 7. MIRING OF TEACHERS BY OLD SCHOOL BOARD. A board of school trustees (not a township trustee), after their successors have been elected, and before tliey are entitled to serve as officers, may hire a teacher for the year beginning after their terms of office will expire. School Town SCHOOL LAW OF INDIANA- 75 of Milford v. Zeigler, 1 lud. App. 138. A school trustee of a township can not ignore his predecessor's contract, because of mere formal and technical defects. Sparta School Tp. v. Mendell, 138 Ind. 188. 8. SIGNING CONTRACT. If the school board in session hire a teacher, the contract with him may be signed at different times; and a signing by a majority of the trustees is sufficient. School town, of Milford v. Zeigler, 1 Ind. App. 138. 9. ABOLISHING SCHOOL EFFECT ON TEACHER'S CONTRACT. A contract with a teacher to teach can not be annulled by abolishing the school he was to have taught. School Town of Milford v. Zeigler, 1 Ind. App. 138. 10. MAJORITY OF TRUSTEES SUFFICIENT TO MAKE A CONTRACT. A contract by two of three trustees, when in session, "is valid." School Town of Mil- ford v. Zeigler, 1 Ind. App. 138. [1865. p. 3. Approved March 6, 1865.1 69. Trustees' bonds Vacancy. 6. The county audi- tor, in fixing the penalty and approving and accepting the bonds of such trustees, shall see to their sufficiency to se- cure the school revenues which may come into their hands, as well as the ordinary township or other revenue. In case of a vacancy in the office of trustee, the county auditor shall appoint a person to fill the same, who shall take an oath and give bonds as required in the last preceding section; and said auditor shall report to the superintendent of public instruction the name and postoffice address of each trustee. (R. S. 1908, 6406.) [1899, p. 424. Approved March 4, 1899. 70. General duties. 1. The school trustees shall take charge of the educational affairs of their respective town- ships, towns and cities. They shall employ teachers, estab- lish and locate conveniently a sufficient number of schools for the education of the children therein, and build, or otherwise provide suitable houses, furniture, apparatus and other articles and educational appliances necessary for the thorough organization and efficient management of said schools. Such school trustees may also establish and main- tain in their respective corporations, as near the center of the township as seems wise, at least one separate graded high school, to which shall be admitted all pupils who are sufficiently advanced: Provided, That the school trustees of two or more school corporations may establish and main- /O SCHOOL LAW OF INDIANA. tain joint graded high school [s] in lieu of separate graded high schools, and when so done they jointly shall have the care, management and maintenance thereof: Provided fur- ther, That any trustee, instead of building a separate grad- ed high school for his township shall transfer the pupils of his township competent to enter a graded high school to another school corporation: Provided further, That all payments of tuition, provided for under this act, heretofore made by school trustees for such high school privileges, are hereby legalized: Provided further, That no such graded high school shall be so built unless there are at the time such house is built at least twenty-five common school graduates of school age residing in the township. (As amended 1901 p. 514, R. S'. 1908, 6410.) 1. POWER OF TRUSTEE. The township trustee is clothed with almost autocratic power in all school matters. The voters and taxpayers of the township have but little, if indeed any, voice or part in the control of the details of educational affairs. So far as actual authority is concerned, the trustee is the corporation, although in contemplation of law it is otherwise. Wallace v. Johnson Tp., 75 Ind. 368; Bicknell v. Widner School Tp., 73 Ind. 501. 2. PATRONS CAN NOT DESIGNATE TEACHERS. There is no provision of the law authorizing any other person than the trustee to select a teacher. It is therefore held that the provision authorizing the trustee to employ teach- ers, also authorizes him to select them, and that school meetings are not empowered by the law to designate or employ teachers. Rumble v. Parker, 27 Ind. App. 69. 3. TRUSTEE CAN NOT EMPLOY HIMSELF. A township trustee, being the agent of the state to employ teachers for the public schools, is not author- ized to employ himself. 4. ABANDONED CORPORATION. In case a town abandons its corpora tion, the powers and duties of the board of school trustees cease, the township trustee succeeds thereto, and it becomes his duty to take charge of the schools without special notice. 5. RESIGNATION OF TEACHER. The relation existing between trustee and teacher is based on a contract. A teacher can not resign and escape liability without the consent of the trustee. To abandon his school with- out such consent is a violation of his contract, and gives the trustee a claim against him for any damages actually sustained by the school in con- sequence thereof. 6. TRUSTEE AUTHORIZED TO ESTABLISH SCHOOLS. Although the legisla- ture has limited the power of the trustee in regard to the removal of school houses, and the abandonment of "district schools," no change has been made in the law which authorizes the trustee to establish schools and build school houses therefor. State, ex rel., v. Black, 166 Ind. 138. SCHOOL LAW OF INDIANA- 77 7. ABANDONMENT OF HIGH SCHOOLS. The patrons of a township high school have no power either to require the establishment of high schools or to prevent their abandonment; the school trustee may establish and abandon such high schools under his general powers given by Section 0410 Bums' Statutes 1908 without procuring the assent of the patrons of such schools. However, he must abandon any such school bavin? a daily general average attendance of twelve pupils or fewer during any school year. If there is being taught in a district school high school branches, the trustee may abandon the high school branches without abandoning the district school, and this he may do without the assent of patrons. He may not, however, abandon the teaching of German in a district school when at least twenty-five patrons have petitioned for such teaching. Kingham, Attorney-General. 8. TOWNSHIP TRUSTEE NOT AUTHORIZED TO EMPLOY A SUPERINTENDENT OF SCHOOLS. If a school trustee believes it to be to the best interest of the schools of his corporation, he may employ a teacher in the same way other teachers are employed by him who has a license to teach, and require him to go from school to school in his township and teach in each of said schools or in any designated number of such schools. There is, however, no author- ity given such trustee to employ a superintendent for the schools of his township or for any number of such schools. Biughain, Attorney-General. 71. Duration of school in any year. 2. Said school trustees shall maintain in each school corporation a term of school at least six months in duration, and shall authorize a local tuition levy sufficient to conduct a six months' term of school each year based on estimates and receipts from all sources for the previous year, which may include that received from the state's tuition revenue: Provided, Such levy shall not exceed the limit now provided by law. ("R. S. 1908, 6411.) 1. NOTE. It is legal to continue the term in high schools for a longer I eriod than the term in grade and district schools. 2. DONATIONS. Donations may be received by the school authorities to extend the term of school, and the schools continued accordingly. 72. Janitors Care and management of school prop- erty. 3. Said school trustees shall have the care and man- agement of all property, real and personal, belonging to their respective corporations for common school purposes, except the congressional township school lands, which lands shall be under the care and management of the trus- tees of the civil township to which such lands belong. Said 78 SCHOOL LAW OF INDIANA- school trustees shall provide such janitor help as may be deemed necessary to properly care for the schools and premises under their control, and such janitors shall be paid from the special school funds of the township. (As amended 1907, p. 385 R. S. 1908, 6412.) [1865, p. 3. Approved March 6, 1865.] 73. Towns and cities. 4. Each civil township and each incorporated town or city in the several counties of the state is hereby declared a distinct municipal corpora- tion for school purposes, by the name and style of the civil township, town or city corporation, respectively, and by such name may contract and be contracted with, sue and be sued, in any court having competent -jurisdiction ; and the trustee of such township, and the trustees provided for in the next section of this act, shall, for their township, town, or city, be school trustees and perform the duties of clerk and treasurer for school purposes. (E. S. 1908, 6405.) 1. PROPERTY AND REVENUES. When a village becomes incorporated the school town thus created becomes, as trustee by statute, the successor of the township in the right to the possession and control of school property within its territory. School Town of Leesburg v. Plain Township, 86 Ind. 582. And as soon as school trustees are appointed and qualified they have a right to demand and receive of the township trustee whatever sums of money he has received by reason or on account of the school children resid- ing within or transferred to the town, and he can not lawfully withhold it on any ground. He received and held it in trust for those children. John- son v. Smith, 64 Ind. 275. [1865, p. 3. Approved March 6, 1865,] 74, Record Duty as to revenue. 8. The trustees shall keep a record of their proceedings relative to the schools, including all orders and allowances on account thereof; in- cluding, also, accounts of all receipts and expenditures of school revenue, distinguishing between the special school revenue belonging to their township, town or city, and the school revenue for tuition, which belongs to the state, and by it apportioned to their township, town or city; which said revenue for tuition they shall not permit to be ex- pended for any other purpose, nor even for that purpose in advance of its apportionment to their respective' corpora- tions. (E. S. 1908, 6408.) SCHOOL LAW OF INDIANA- 79 [1877, p. 18. Approved March 3, 1877.] 75. Surplus special school revenue. 1. It shall be the duty of the board of school trustees of any city or incor- porated town in this state to pay over to the common coun- cil or board of trustees of such city or town any surplus special school revenue in the hands of such school trustees, not necessary to meet current expenses ; such excess of the revenue aforesaid to be applied for the payment of the in- terest or principal, or both, of any indebtedness incurred under the provisions of the act of March 8, 1873, author- izing cities and incorporated towns to negotiate and sell bonds to procure means to erect and complete unfinished school buildings, and to purchase any ground and building for school purposes, and to pay debts contracted for the erection and purchase of buildings and grounds. (As amended 1879, p. 95, R. S. 1908, 6489.) 1. PAYMENT FOB SCHOOL HOUSE. A city can not pay for a school house out of its general fund. Such payment must be paid out of a fund especially levied for that purpose. Nill v. Jenkinson, 15 Ind. 425. [1873, p. 68. Approved March 8, 1873.] 76. Superintendent in cities and towns. 12. The school trustees of incorporated towns and cities shall have power to employ a superintendent for their schools (whose salary shall be paid from the special school revenue), and to pre- scribe his duties, and to direct in the discharge of the same. (E, S. 1908, 6488.) 1. COMPENSATION. In case a person is employed to superintend part of the time and teach part of the time, he can be- paid for the services he renders as superintendent out of the special revenue, and for the services he renders as teacher out of the tuition revenue. If paid anything from the latter, he must possess a valid license. 2. LENGTH OF EMPLOYMENT. A city or town superintendent may be employed for one or more years, but it is not advisable to employ him for more than three. 11883, p. 118. Apppoved March 6, 1883.] 77. Trustees' reports. 21. The trustees of each town- ship, town or city, shall, annually, on the first Monday of August, make their report for the school year ending on the 31st day of July, and furnish to the county superin- 80 SCHOOL LAW OF INDIANA- tendent the statistical information obtained from teachers of the schools of their respective townships, towns, or cities, and embody in a tabular form the following addi- tional items: The number of districts; schools taught, and their grades; teachers, males and females; average compensation of each grade; balance of tuition revenue on hand at the commencement of the current year; amount re- ceived during the year from the county treasurer, and amount expended within the year for tuition; and balance on hand; length of school taught within the year, in days; school houses erected during the year; the cost of the same; 'the number and kind before erection, and the estimated value thereof, and of all other school property; number of volumes in the library, and the number taken out during the year ending the 31st day of July; also the number of volumes added thereto; assessment on each one hundred dollars of taxable property, and on each poll of special tax for school house erection, and amount of such levy ; balance of special school revenue on hand at the commencement of the current year; amount received during the year from the county treasurer; the amount of said revenue expended during the year, and balance on hand ; the number of acres of unsold congressional school lands, the value thereof, and the income therefrom ; together with such other information as may be called for by the county superintendent and the superintendent of public instruction. (R. S. 1908, 6425.) [1865, p. 3. Approved March 6, 1865.] 78. Failure to report. 22. On failure of any trustee to make either the statistical report required by the last pre- ceding section, or the report of the enumeration required by the sixteenth section of this act [ 4473], or the report of finances required by the seventh section of this act [ 4441], to the county superintendent, at the time, and in the manner specified for each of said reports, the county superintendent to whom such reports are due shall, within one week of the time the next semi-annual apportionment is to be made by the auditor of the county, notify said auditor, in writing, of any such failure; and the auditor SCHOOL LAW OF INDIANA. 81 shall diminish the apportionment of said township, town or city by the sum of twenty-five dollars, and withhold from the delinquent trustee the warrant for the money appor- tioned to his township, town or city, until such delinquent report is duly made and filed. For said twenty-five dollars, and any additional damages which the township, town or city may sustain, by reason of stopping said money, such trustee shall be liable on his bond, for which the county commissioners may sue. (R. S. 1908, 6426.) 79. Neglecting duties. 23. If a trustee shall fail to discharge any of the duties of his office relative to the schools, any person may maintain an action against him for every such offense, in the name of the state of Indiana, and may recover, for the use of the common school fund, any sum not exceeding ten dollars; which sum, when col- lected, shall be paid into the county treasury, and added by the county auditor to said fund, and reported accord- ingly. (R, S. 1908, 6427.) 80. Failing to serve. 24. Any person elected or ap- pointed such trustee, who shall fail to qualify and serve as such, shall pay the sum of five dollars, to be recovered as specified in the preceding section for the use therein named, and in like manner added to said fund, unless such person shall have previously served as such trustee. (R. S. 1908, 6428.) 81. Trustee's accounts. 141. The books, papers and accounts of any trustee, relative to schools, shall at all times be subject to the inspection of the county superin- tendent, the county auditor, and the board of county com- missioners of the proper county. (R. S. 1908, 6429.) 82. Examination of trustee and his books. 142. For the purpose of such inspection, such county superintendent, auditor, and board of county commissioners may, by sub- prena, summon before them any trustee, and require the [G 27277] 82 SCHOOL LAW OF INDIANA- production of such books, papers and accounts, three days' notice of the time to appear and produce them being given. (R. S. 1908, 6430.) 83. Correction of accounts Removal. 143. If any such books and accounts have been imperfectly kept, said board of commissioners may correct them, and, if fraud appear, shall remove the person guilty thereof. (R. S. 1908, 6431.) [1895, p. 127. Approved March 5, 1895.] 84. Trustee to take enumeration Who enumerated. 14. The school trustees of the several townships, towns and cities shall take or cause to be taken, between the tenth day of April and the thirtieth day of the same month, each year, an enumeration of all unmarried persons between the ages of six and twenty-one years resident within the respective townships, towns and cities. Each person required or employed to take such enumera- tion shall take oath or affirmation to take the same accu- rately and truly to the best of his skill and ability. Such oath or affirmation shall be made a matter of record and kept on file in the office of the school trustee. In making the said enumeration, the trustee, or person so employed, shall distinguish between the white and colored children, enumerating them in separate lists, and shall list the names of parents, guardians, heads of families, or per- sons having charge of such child or children, male or fe- male, shall list the full name and give the sex and age of each child so enumerated, shall secure the signature of either parent, guardian, head of family, or person having charge of such child or children, certifying to the correct- ness of the same, or if this is impossible, shall secure the signature of some responsible person who can certify to the correctness of said list; and he shall give the number of the school district to which such parent, guardian, head of family or person having charge of such child or chil- dren is attached for school purposes, and the number and initials which designate the congressional township in SCHOOL LAW OF INDIANA- 83 which such parent, guardian, head of family or person hav- ing charge of such child or children resides. In cities the said enumuerator shall give, in addition to the above enum- erated items, the street and number of residence of such person. He shall include in such list all unmarried persons between the ages of six and twenty-one years, whose par- ents, guardians, heads of families or persons having charge of such child or children, shall have been transferred to his township, town or city for school purposes ; and he shall exclude from such list all persons whose parents, guard- ians, heads of families or persons having charge of such child or children shall have been transferred from his town- ship, town or city for school purposes. He shall not include in such list any persons residing temporarily in his town- ship, town or city for the purpose of attending school, or who are members of a family staying temporarily in his township, town or city, but whose actual residence is else- where. He shall include in his list such unmarried persons between six and twenty-one years of age as are dependent upon themselves and not under charge of parents, guardian or heads of families, and shall so designate such persons in a separate list, giving in cities the street and number of the residence of such persons. He shall enumerate no one who is not reported to him personally, and properly certified to as herein provided, except in cases of minors who are dependent upon no one, and not inmates of any family who may be reported as herein provided for : Pro- vided, That if any parent, guardian, head of family or per- son having charge of any child, shall be absent, the enum- erator shall ascertain the facts required from other reliable sources, and sign his own name to the certificate herein re- quired; and in case any parent, guardian, head of family or person having charge of any child entitled to school privileges shall refuse to report to the enumerator any facts herein required, necessary to a full and accurate enumeration, he shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one nor more than ten dollars. Each person required or employed 84 SCHOOL LAW OF INDIANA- to take the enumeration as provided for in this act, shall, when making returns of said enumeration to the proper officers, make affidavit or affirmation that he has taken and returned the enumeration in accordance with the provi- sions of this act, to the best of his knowledge and belief, and that such list contains the names of all persons entitled to be enumerated, and no others. The officer to whom such return is required to be made may take and shall certify such affidavit or affirmation, and shall keep in his office such affidavit or affirmation and such report and list of names ; and each person so taking and returning the enum- eration shall be allowed by the township school trustee, or the school trustees of incorporated towns or cities, reason- able compensation per diem for his services, to be paid out of the special school fund of such township, town or city. Any person appointed as enumerator, or any officer through whose hands the enumeration required by this act shall pass, who shall knowingly enumerate persons not en- titled to be enumerated, or who shall in any manner add to or take from the number actually enumerated, shall be deemed guilty of a misdemeanor, and, upon conviction of such offense, shall be fined in any sum not less than five nor more than one hundred dollars, or imprisonment in the county jail not less than ten nor more than thirty days, at the discretion of the court. (E. S. 1908, 6447.) 1. ENUMERATORS TO BE PAID BY THE DAY. A school board has no au- thority whatever to let a genera! contract to take the school enumeration, nor has it any authority to pay its employes in taking such enumeration, otherwise than by the day. Bingham, Attorney-General. [1895, p. 127. Approved March 5, 1895.] 85. Enumeration, where filed Retaking. 18. Each township trustee and the president of the board of school trustees of towns and cities shall, on or before the first day of May, annually, report to and file with the county super- intendent of the proper county, a copy of the enumeration for school purposes of his township, town or city, with a list of transfers to such township, town or city, with his affidavit endorsed thereon to the effect that the same is, to SCHOOL LAW <)F INDIANA- 85 the best of his knowledge and belief, full and accurate and taken in accordance with the provisions of the law govern- ing the enumerations. When said county superintendent, however, on an examination of the enumeration returns of any township, town or city, finds any evidence that the enumeration is excessive in number or in any other way incorrect he may require the same to be retaken and re- turned, and if he deem it necessary he may, for this pur- pose, appoint persons to perform the service, who shall take the same oath, perform the same duties, and receive the same compensation out of the same funds as the per- son or persons who took the enumeration in the first place, and the school revenue shall be distributed to such school corporation upon the corrected returns. (R. S. 1908, 6463.) [1865, p. 3. Approved March 6, 1865.1 86. Township in two or more counties Report. 19. When a congressional township is located in two or more counties, the proper trustees for each portion thereof in the several counties shall report, at the same time and in like manner as provided in the last preceding section, to the county superintendent of the county in which the congres- sional township fund of such township is held in trust and managed. (R. S. 1908, 6464.) 1. EXPLANATION. This section requires that when a congressional township is located in two or more counties, the proper trustees for each portion thereof shall make two separate and distinct reports of enumera- tion. [1877, p. 122. Approved March 2, 1877.] 87. County board of education. 8. The county super- intendent and the trustees of the townships, and the chair- man of the school trustees of each town and city of the county shall constitute a county board of education. Said board shall meet semi-annually at the office of the county superintendent on the first days of May and September (un- less the said days be Sunday, and if so, on the day follow- ing), a majority of whom shall constitute a quorum. The county superintendent shall preside at the meetings of the 86 SCHOOL LAW OF INDIANA- board, shall be allowed to vote on all questions as other members of the same are allowed to vote. Said board shall Consider the general wants and needs of the schools and school property of which they have charge, and all matters relating to the purchase of school furniture, books, maps, charts, etc. The change of text-books, except cities, and the care and management of township libraries, shall be determined by such board, and each township shall con- form as nearly as practicable to its action ; but no text-book hereafter adopted by the county board shall be changed within six years from the date of such adoption, except by unanimous vote of all the members of such board: Pro- vided, That any text-book heretofore adopted by the county board of education shall not be changed within three years from the date of its adoption. (R. S. 1908, 6403.) 1. QUORUM, RULES AND REGULATIONS, RECORDS, ETC. In the absence of the county superintendent the board may appoint one of its members presi- dent pro tern. No action can be taken by the board unless a majority of all the members are present. If such majority be present at any meeting the board may take legal action upon suitable questions by a majority vote of those present ; but some questions require a majority vote, and others a unanimous vote, of all the members of the board. The board may adopt rules and regulations for the government of the schools of the county. It is very important that school officers and county boards should make a careful record of their proceedings. If a board takes any legal action, and fails to record it, or makes an incorrect record, the record can be amended by order of the board at a subsequent meeting. A legal act is not necessarily void by reason of a failure to make a record of it; but if a 'question should arise as to the action of a board, evidence may be taken at a subsequent meeting outside the records, and a new record may be made in accordance with the fact as ascertained. The county board and trust^s have the right to make such rules and regulations, according to law, as will tend to promote the general good of the public schools, and it is the duty of teachers to carry out such rules in good faith. [1911, p. 350, Approved March 4, 1911. J 88. Emergency School Township Debts Legalized. 1. Whenever, since the enactment of an act entitled "An act concerning township busiess," approved February 27, 1899, Burns' Revised Statutes 1908, sections 9590 et seq., and prior to March 5th, 1909, any township advisory board of SCHOOL LAW OF INDIANA- 87 any township in the State of Indiana, when convened in regular or special session at which a quorum of all the then members of such advisory board was present and acting, such advisory board by the consent and vote of such quorum shall have found that an emergency and necessity existed for the construction of a new school building or an addition to a then existing school building in said township, that the cost thereof would be in excess of the sum available therefor out of the annual levy in said township, and there- upon, by the consent and vote of such quorum, the trustee of said township was authorized to borrow money to pay the cost of construction of such new school building or of such addition to such then existing school building, and to is- sue and make the obligation or obligations of such town- ship therefor, but by oversight or neglect such finding, con- sent, vote and authority of said advisory board was not en- tered of record and signed, but said trustee, in pursuance of such consent, vote and authority, did, in good faith, bor- row money necessary for the construction of such school building or addition to a then existing school building, and in good faith executed the written obligation or obligations of such township therefor, to run not exceeding five years and to bear not exceeding six per centum interest per an- num and such money so borrowed was, in good faith, act- ually expended in the construction of such new school build- ing or such addition to a then existing school building, then, in all such cases, the indebtedness so authorized and con- tracted, the proceeds of which was so used, and said written obligation or obligations so executed therefor, shall be and are hereby legalized, validated and made the legal obliga- tion or obligations of said school township in which such action was taken and such school building or addition was constructed, to the same extend [extent] as if such finding, consent, vote and action had been duly made, given and taken and such record made and signed in strict accordance with said act approved February 27, 1899, and any and all amendments and additions thereof, and thereto and any and all amendments of anv section thereof, and taxes shall be 88 SCHOOL LAW OF INDIANA. duly levied in said township to raise money to pay off such obligation or obligations according to the terms thereof: Provided, That nothing in this act shall affect any pending litigation in any of the courts of this state. [1911, p. 27. Approved February 16, 1911. J 89. School Township Debts Legalized. 1. Whenever, since the enactment of "An act concerning township busi- ness," approved' February 27, 1899, Burns' Revised Stat- utes, 1908, section 9590, etc., and prior to June 27, 1905, the date when a transfer to the supreme court of Indiana was denied in the cause of Lincoln School Township vs. Union Trust Company of Indianapolis, reported in vol. 36, page 113, of the reports of the appellate court of Indiana, any school township in Indiana, acting by its trustee, shall have in good faith attempted to comply with the act entitled "An act to limit the powers of township trustees in incur- ring debts, and requiring him to designate certain days for the transaction of township business," approved March 11, 1875, Burns' Revised Statutes 1908, section 9583, and shall have procured the consent and order of the board of com- missioners of the proper county at any regular or special session thereof to borrow money on behalf of such school township for the purpose of erecting school buildings in such township, and shall have, pursuant to such an order of such board of commissoners, borrowed any sum of money from persons or corporations loaning the same in good faith to such township, and such township shall have executed to such persons or corporations its written obligations in evi- lence of and for the amount of such loans, and said sum of money so borrowed shall have been faithfully expended by such school township in paying for the school buildings for which it was authorized to be borrowed by such order of such boards of commissioners, then and in all such cases such debts so authorized, and the proceeds of which were so used, and the obligatons of such school townships evi- dencing such debts, shall be and are hereby legalized and validated to the same extent as if said debts had been duly authorized by the advisory boards of such townships; also SCHOOL LAW OF INDIANA. 89 that all payments of principal or interest on account of the aforesaid debts made by the trustees and advisory boards of such townships shall be and are hereby legalized and validated; also, that all debts heretofore created by such school townships for money borrowed and used for the pur- pose of paying the principal or interest on the class of debts first herein described, and all obligations evidencing such last described debts, be and the same are hereby legalized and validated, all to the same extent as if said debts, and the obligations evidencing the same, had been duly made and authorized by the advisory boards of such townships in strict conformity with said act, approved February 27, 1899. U911, p. 613. Approved March 6, 1911.1 90. School Bond Sales Legalized. 1. That all bonds heretofore issued and sold by the township trustee of any township pursuant to the order of the advisory board of any such township in this state, for the purpose of providing money for the construction of any school building under color of any statute of this state, where the purchase price for said bonds has been actually received and retained or used for the purpose for which said bonds were ordered to be sold, are hereby legalized; and all proceedings or acts of any such advisory board or trustee under which said bonds were issued and sold are hereby fully legalized and declared valid. 91. Funding Bonds Sales Legalized. 2. That all bonds heretofore issued and sold by the township trustee of any township, pursuant to the order of the advisory board of any such township in this state, for the purpose of re- funding any outstanding indebtedness of such township under color of any statute of this state, where the purchase price for said bonds has been actually received and retained by such township or used for the purpose for which said bonds were ordered to be sold, are hereby legalized; and all proceedngs or acts of any such advisory board or trus- tee under which said bonds were issued and sold, are hereby fully legalized and declared valid. 90 SCHOOL LAW OF INDIANA- 92. Pending Litigation. 3. Nothing in this act con- tained shall be so construed as to affect any pending liti- gation or to legalize any bond or bonds issued or sold in excess of any constitutional limitation of the amount of in- debtedness authorized to be created. [1911, p. 42. Approved February 24, 1911.] 93. School Bonds Issue Legalized. 2. Any and all bonds heretofore issued and sold by the order or direction of the board of trustees or other authorities of any school city or school town of this state under color of any statute of this state, for the purpose of providing money for the use of such school city or school town, where the purchase price for said bonds as been actually received and retained or used for the purpose for which said bonds were ordered to be sold, are hereby legalized; and all proceedings or acts of any such board of trustees or other officer under which said bonds were issued and sold, are hereby fully legalized and declared valid. 94. Pending Litigation. 3. Nothing in this act con- tained shall be so construed as to affect any pending liti- gation or to legalize any bond or bonds issued or sold in excess of any constitutional or statutory limitation of the amount of indebtedness authorized to be created. [1911, p. 141. Approved March 2, 1911.1 95. Township Debt Certificates Legalized. 1. All or- ders, warrants or certificates of indebtedness drawn and issued by any township trustee on the advice and consent of the advisory board of said township against any fund what- soever, which were drawn and issued subsequent to January 1, 1900, beng the first day of the calendar year for which appropriations could have been made, by the township ad- visory boards, pursuant to the provisons of the act entitled "An act concerning township business/' and which orders, warrants or certificates of indebtedness were based upon emergencies declared by the advisory board and appropria- tions made therefor and for work done and material pur- SCHOOL LAW OF INDIANA. 9l chased on the order of said advisory board and which or- ders, warrants or certificates of indebtedness were executed by the trustee and approved by the advisory board of said township and for which the township received the full bene- fit, but for the payment of which orders, warrants or cer- tificates of indebtedness the advisory board failed at its next regular session, after having authorized same, to make pro- visions for the payment of the same and which orders, war- rants or certificates of indebtedness are still unpaid and out- standing because of such failure to make provision for the payment of same are hereby declared to be legal and valid claims against such township: Provided, That nothing in this act shall in any way affect any suit now pending in any of the courts of Indiana but the same shall be heard and determined the same as if this act had not been passed. 96. Advisory Board Provisions for Payment. 2. The township advisory board of any township where orders, warrants or certificates of indebtedness of the kind and class described in section 1 of this act are outstanding is hereby authorized and empowered to make immediately provisions for the payment of such orders, warrants or cer- tificates of indebtedness by appropriating therefor, as pro- vided in the act creating such advisory board any funds in the township treasury not now otherwise appropriated, or by making a temporary loan of sufficient funds to make such payments. Such loans to be made in accordance with the provisions of the law providing for temporary loans and such township advisory board shall then at its next annual meeting appropriate and levy a sum sufficient to pay such loan, or by directing the issuing of bonds of such township in a sufficient amount to make such payment, such bonds to be issued as now provided for bonds for the building of new school houses, not to exceed five years and not less than one-fifth to be paid each year, provision for the payment of which to be made by the advisory board at each annual meeting until the same shall be paid. 97. Payment Notice. 3. As soon as the fund pro- vided for by this act shall have become available the town- 92 SCHOOL LAW OF INDIANA. ship trustee shall at once give notice that there are funds in the township treasury to pay such warrants, which notice shall be by publication for two successive weeks in two newspapers representing opposite political parties of such township, or if there be none in the township then in two newspapers of opposite political parties of the county in which such township is located, and shall describe such or- ders, warrants, or certificate of indebtedness by reference to the fund against which they were drawn and as having been issued subsequent to January 1, 1900, and no interest shall be paid on any. such orders, warrants or certificates of indebtedness after thirty days from the date of the first publication of such notice. 98. Act Remedial. 4. This act is hereby declared to be remedial only, and supplemental to the act entitled ' l An act concerning township business. " [1911, p. 94. Approved February 27, 1911. | 99. Schools Sale of Property. 1. That whenever any city or town shall have purchased any property for school purposes in such city or town and shall afterwards find that any property so purchased is unnecessary for such purposes, the board of school trustees of such city or town may sell the same when in their opinion it is advantageous to such city or town so to do, at public auction after twenty days advertisement of such sale, to the highest bidder: Provided, That before such sale is made such real estate shall be appraised by two freeholders, voters of the school corporation in which such real estate to be sold is situated, and such appraisement returned before the advertisement aforesaid to the school officer or officers who are to sell the same, in writing and on such sale such real estate, shall not be sold for less than the appraised value thereof, for cash, and upon the payment of the purchase money to the treas- urer of school trustees said board of school trustees shall execute to the purchaser a deed of conveyance which shall be sufficient to vest in such purchaser all the title of such city or town thereto. The money derived from such sale SCHOOL LAW OF INDIANA- 93 shall be turned into the special school revenue of the city or town. 100. Sales Legalized. 2. All sales of school property heretofore made in good faith by the boards of school trus- tees of any city or town are hereby legalized, and declared valid : Provided, That this shall not apply to or affect any pending litigation. 94 SCHOOL LAW OF INDIANA- CHAPTER VI. TEACHERS. SKC. 101. Employment and dismissal. 102. Examined concerning alcohol and narcotics. 103. Failure to teach Dismissal. 104. Terms for which teachers may be employed 105. Contracts to be in writing. 106. Blanks to be uniform. 107. Reports. 108. Minimum wages. 109. Qualifications. SEC. 110. Payment at less rate Penalty. 111. State Board of Education Duties. 112. Special examination. 113. Insulting teacher. 114. Examination in special branches. 115. Exemptions Three year license Rule. 116. Previous exemptions in force . 117. Attendance at institutes Pay. , p. 30. Approved February 27, 1883, and in force June 5, 1S8 3 .] 101. Employment and dismissal. 28. Trustees shall employ no person to teach in any of the common schools of the State of Indiana, unless such person shall have a license to teach, issued from the proper state or county authority, and in full force at the date of the em- ployment. Any teacher who shall commence teaching any such school without a license, shall forfeit all claim to com- pensation out of the school revenue for tuition for the time he or she teaches without such license; but if a teacher's license shall expire by its own limitation within a term of employment, such teacher may complete such term of em- ployment within the then current year. The said trustee shall not employ any teacher whom a majority of those entitled to vote at school meetings have decided at any regular school meeting, they do not wish employed; and at any time after the commencement of any school, if a ma- jority of such voters petition such trustee that they wish the teacher thereof dismissed, such trustee shall dismiss such teacher, but only upon due notice, and upon good cause shown; but such teacher shall be entitled to pay for services rendered. (E. S. 1908, 6592.) 1. LICENSE ESSENTIAL. A valid contract for the teaching of a public school can not be made by a trustee with one who, at the time, has no license to teach in the county, and the subsequent procurement of a license does not validate the contract. Butler v. Haines, 79 Ind. 575. And a per- SCHOOL LAW OF INDIANA 95 son can neither recover compensation for services rendered as teacher, nor damages for breach of contract for such services, unless he was licensed to teach as prescribed by the statutes. Jackson School Town- ship v. Farlow, 75 Ind. 118. See also Harrison Township v. Conrad, 26 Ind. 337, and Putnam v. School Town of Irvington, 69 Ind. 80. In a suit against the school corporation for services rendered or to be rendered, it must be stated in the complaint that the teacher had a license to teach when he rendered the services or entered into the contract. Bedford, etc., Co. v. McDonald, 12 Ind. App. 621. 2. FORMS FOR TEACHER'S CONTRACT, a. In Township. TEACHER'S CONTRACT. Tins AGREEMENT, Between School Trustee of School Township, in County, and State of Indiana of the first part, and a teacher who holds a license issued 191 ... for months by superintendent; on which license h... average scholarship is.... per cent., h. . . last success grade is. . . .per cent. ; who was present at all the sessions of the county institute in 191 . . , of the second part, certifies that the said teacher agrees to teach in the public schools of said township in such building, grade, and room as said trustee may designate, for the term commencing on the day of , A. D. 191 .., for the consideration of dollars and cents per day to be paid (State here when all parts of the salary will be paid.) The said further agrees faithfully to perform all the duties of teacher in said school ; using only such text- books as are prescribed by the Trustees in accordance with the law, except supplementary reading, such as Young People's Reading Circle books, etc., and other works, recommended by the Couunty Superintendent and observ- ing all Rules and Regulations of the County Board of Education, and all instructions of the County Superintendent of Schools; that ..he will at- tend and participate in the exercises of each Institute or other teachers' meetings that may be appointed for the teachers of said township, or for en eh day's absence therefrom, forfeit a sum equal to one day's wages, un- less such absence shall be occasioned by sickness; that . .he will accurately korp and use all registers and blanks placed in hands by said Trus- tee ; that . . he will make a complete and accurate report at the close of the school term, the blank for which is provided on the back of this sheet; that . .he will make all other reports required of by said Trustee, the County Superintendent, or the laws of Indiana, at the proper time and manner and in good order; that ..he will exercise due diligence in the preservation of school buildings, grounds, furniture, apparatus, books, blanks and other school property committed to care, and turn the same over to the Trustee, or his representative, at the close of the term of school, in as good condition as when received, damage and wear and use excepted, accompanied by an exact inventory of all supplies and apparatus 96 SCHOOL LAW OF INDIANA- on hands, a description of the condition of the same, and a recommended list of materials to be purchased for next school year. The said School Trustee agrees to keep the school buildings in good repair, to furnish the necessary fuel, furniture, apparatus, books, and blanks, and such other appliances as may be necessary for the systematic and proper conduct of said school, and to provide such janitor help as may be necessary to properly care for said school and its premises. And the said School Trustee, for and in behalf of said Township, fur- ther agrees to pay the said for services as teacher of said school, either a sum equal to the whole number of days taught at the rate of the above named sum per day, as agreed upon, or the salary for the year in the event of a yearly consideration, as agreed upon, when the said teacher shall have filled all the stipulations of this contract. The said School Trustee further agrees to pay said teacher one day's wages for each day's attendance at the Township Institute, according to the Acts of 1889. Provided, That in case the said should be dismissed from said school by said Trustee, or his successor in office, for incompetency, cruelty, gross immorality, neglect of business, or a violation of any of the stipulations of this contract, or in case license should be revoked by the County Superintendent, . .he shall not be entitled to any compensation after notice of dismissal, or notice of annulment of license. Provided further, That the teacher shall have a duplicate of this con- tract. IN WITNESS WHEREOF, We have hereunto subscribed our names, this .day of A. D. 191.. Teacher. " School Trustee. 1. NOTE. A valid contract for teaching a public school can not be made by a trustee with anyone unless he holds a valid license, either county or state. 2. NOTE. Full authority is given the Trustee to substitute the words "principal," "supervisor" or "superintendent" for the word "teacher" in the event the contract should be so made. 3. NOTE. This contract form is the official blank, made by the State Superintendent of Public Instruction, under the provisions of H. B. No. 139, Acts of 1899. TEACHER'S REPORT TO TOWNSHIP TRUSTEE. 1. Total number of pupils enrolled during the year 19. .. in First Grade Third Grade Fifth Grade Seventh Grade Second Grade Fourth Grade Sixth Grade Eighth Grade , f First Year Third Year High School | gecond year Fourth Year Total number of pupils enrolled in all the elementary and high schools for the year 19. . . SCHOOL LAW OF INDIANA- 9? 2 Total number of pupils enrolled during the year 19 ____ , ;:: Fema,es{~ d:::;; Total ..... 8. Average daily attendance of all children in the schools. ::: General Average ...... 4 Number of Graduates from "Common Branches." 5. Number of graduates from High School. 6. Inventory of Apparatus and Supplies on hand. (Furnish list of Libray Books on separate sheet.) 7. Recommended List of Materials and Supplies Needed : TEACHER'S CONTRACT, b. In Cities and Towns. TEACHER'S CONTRACT. THIS AGREEMENT, Made and entered into between the School Corporation of .......................... , in ..................... County, and State of Indiana, by ............................................... the Board of School Trustees of said Corporation, of the first part, and ................................................. , a teacher who holds a license issued ................. ...... 19 . . , for .................. , months by ............................. superintendent ; on which license h... average scholarship is ...... per cent., h... last success grade is ...... per cent. ; who was ...... present at all the sessions of the ......................... . . .county institute in 19. ., of the second part, certifies that the said teacher agrees to teach in the public schools of said school corporation in such building, grade and room as the said board of trustees or their superintendent of schools may designate, during the school year, beginning the .................. ... .day of .............. A. D. 1. . . ., for the salary of ................................... Dollars per to be paid ................................................................ (State when all or parts of salary will be paid.) Said ............................. further agrees, faithfully, zealously and impartially, to perform all the duties as such teacher, using only such text-books as are prescribed by said Board, or Superintendent, of said schools; that ..he will accurately keep and use all registers and blanks placed in. . . , ........ hands by said Board, or the Superintendent of said schools; that ..he will make a complete and accurate report at the close of the school term, the blank for which is provided on the back of this sheet; that . .he will make all other reports required by said Board, Super- intendent or School Law; thai ..he will exercise due diligence in the [727277] 98 SCHOOL LAW OF INDIANA- preservation of the school buildings, grounds, furniture, books, maps and other school property committed to care, and turn same over to said Board nt the close of said school, in as good condition as when received damage and wear by use excepted; and that . .he will conform to the rules and regulations of said Board, and Superintendent, and faithfully and im- partially enforce them among the pupils. Said School' Corporation, by said School Board, agrees to keep the school buildings in good repair and furnish the necessary fuel, furniture, books, maps, blanks and such other appliances as may be necessary for the successful teaching of the branches in said schools. And said School Corporation, by said School Board, further agrees to pay said for services as teacher of said school, said salary of Dollars per as above agreed upon. Provided, That in case said teacher shall be discharged from said school by said Board for incoinpetency, cruelty, gross immorality, neglect of business, or a violation of any of the stipulations of this Contract, or in ease license should be revoked by the County Superin- tendent, ..he shall not be entitled to any compensation after notice of dis missal or annulment of license. Provided, further, That the teacher shall have a duplicate copy of this contract. IN WITNESS WHEREOF, We have hereunto subscribed our names, this day of. A. D. 1 President. Secretary. Treasurer. Board of School Trustees. Teacher. 1. NOTE. A legal contract for teaching a public school can not be made between a school board and a person who does not hold a valid license. 2. NOTE. Full authority is given school boards to substitute the words "principal," "supervisor" or "superintendent" wherever the word "teacher" appears in the contract, when the contract should be so drawn. 3. NOTE. This contract is the official form as made under the provisions of H. B. No. 139, of the Acts of r899. 11895 p. 375. Approved March 14, 1895. j 102. Examined concerning alcohol and narcotics. 2. No certificate shall be granted to any person (on) or after the first day of July, 1895, to teach in the common school or in any educational institution supported as aforesaid who SCHOOL LAW OF INDIANA- 99 does not pass a satisfactory examination as to the nature of human system. (R, S. 1908, 6587.) 103. Failure to teach effects Dismissal. 3. Any super- intendent or principal of, or teacher in any common school or educational institution supported as aforesaid, who will- fully refuses or neglects to give the instruction re- quired by this act shall be dismissed from his or her em- ployment. (R, S. 1908, 6588.) [1893, p. 34. Approved and in force February 17, 1893.] 104. Terms for which teachers may be employed. After the passage of this act it shall be unlawful for any township trustee to contract with any teacher to teach in any common school if the actual term of service of such teacher under such contract does not begin before ihe expir- ation of the term of office of such trustee. Every contract made in violation of the provisions of this section shall, as to the township represented by such trustee, and the school fund thereunto belonging, be absolutely void; but such trustee shall be personally liable to such teacher for all serv- ices rendered under such contract, and for all damages which he may sustain by reason thereof. (R. S. 1901, 5989;R. S. 1897, 6207.) 11899, p. 173. Approved February 28, 1899; in force April 28, 1899.] 105. Contracts to be in writing. 1. All contracts here- after made by and between teachers and school corpora- tions of the state of Indiana shall be in writing, signed by the parties to be charged thereby, and no action shall be brought upon any contract not made in conformity to the provisions of this act. 106. Blanks to be uniform. 2. For the purpose of car- rying this act into effect the school trustees of the several school corporations of this state shall provide a public rec- ord of uniform blank contracts to be carefully worded un- der the direction of the superintendent of public instruc- tion, and cause such contracts to be signed therein, which record shall be deemed a public record, open to inspection by the people of their several school corporations. 100 SCHOOL LAW OF INDIANA- [b65, p. 3. Approved and in force March 6, 1865.] 107. Reports. 20. To enable the trustees to make reports which are required of them by this act, the teacher of each school, whether in township, town or city, shall, at the expiration of the term of the school for which such teacher shall have been employed, furnish a complete report to the proper trustee, verified by affidavit, showing the length of the school term, in days; the number of teachers employed, male and female, and their daily com- pensation ; the number of pupils admitted during the term, distinguishing between males and females, and between the ages of six and twenty-one years; the average attendance; books used and branches taught, and the number of pupils engaged in the study of each branch. Until such report shall have been so filed, such trustee shall not pay more than seventy-five per centum of the wages of such teacher for his or her services. (R. S. 1908, 6424.) 1. SUIT. It is a part of a teacher's contract that he will make a report, and until he does so he can not recover more than three-fourths of his wages unless the trustee has waived the report , and the burden is on the teacher to show either that he made the report or it was waived, if he desires to recover the full amount of his earnings. Owen School Tp. v. Hay, 107 Ind. o51. 2. TRUANCY. Teachers are required by the compulsory education law to report to truaiii ollicers or other school oilicers cases of truancy or irreg- ularity in attendance. See truancy law. [1937, p. 146. Approved March 2, 1907.] 108. Minimum wages. 1. That the daily wages of teachers for teaching in the public schools of the state shall not be less, in the case of beginning teachers, than an amount determined by multiplying two and one-half cents by the general average given such teacher in his highest grade of license at the time of contracting. For teachers having had a successful experience for one school year of not less than six months, the daily wages shall not be less than an amount determined by multiplying three cents by the general aver- age given such teacher on his highest grade of license at the time of contracting. For teachers having had a success- ful experience for three or more school years of not less SCHOOL LAW OF INDIANA. 101 than six months each, the daily wages shall be not less than an amount determined by multiplyng three and one-half cents by the general average given such teacher on his highest grade of license at the time of contracting. All teachers now exempt or hereafter exempt from examina- tion shall be paid, as daily wages for teaching in the public schools, not less than an amount determined by mutiplying three and one-half cents by the general average of scholar- ship and success given such teachers: ' Provided, That the grade of scholarship accounted in each case be that given at the teacher 's last examination, and that the grade of success accounted be that of the teacher's term last preceding the date contracting: And, provided further, That two per cent, shall be added to the teacher's general average of scholar- ship and success for attending the county institute the full number of days, and that said two per cent, shall be added to the average scholarship of beginning teachers. (R. S. 1908, 6599 as amended, 1911, p. 131.) 1. EXEMPTION. The two per cent, given for attendance on a county institute applies to exemption license. 2. STATE NORMAL DIPLOMAS. Persons holding diplomas from the State Normal school are entitled to the two per cent, for attending the county institute, but the said two per cent, must be added to the grades upon which their state or county licenses have been issued. 3. MUST ATTEND ENTIRE INSTITUTE. A teacher is not entitled to the two per cent, unless he answers the first roll call and is present daily all the sessions, including the last roll call. 4. CITY AND TOWN TEACHERS. City and town teachers are entitled to the two per cent, for attending the county institute. 109. Qualifications. 2. The qualifications required for teaching for the different classes shall be as follows: (a.) A teacher without experience: Shall be a graduate of a high school or its equivalent. Shall have had not less than one term of twelve weeks' work in a school maintain- ing a professional course for the training of teachers. Shall have not less than a twelve months ' license. (b.) A teacher with one school year's experience: Shall be a graduate of a high school or its equivalent. Shall have had not less than two terms or twenty-four weeks ' work in a school maintaining a professional course for the training 102 ' SlittOOL'LAW OF INDIANA. of teachers or the equivalent of such work. Shall have not less than a two years' license. Shall have a success grade. (c.) A teacher with three or more years' successful ex- perience: Shall be a graduate of a high school or its equiv- alent. Shall be a graduate from a school maintaining a pro- fessional course for the training of teachers, or its equiva- lent. Shall have a three years' license or its equivalent. Shall have a success grade. Provided, That for teachers already in the service, suc- cessful experience in teaching shall be accepted as an equiv- alent for high school and professional training, as required by all the above classifications. (R, S. 1908, 6600.) 110. Payment at less rate Penalty. 3. If any school officer shall pay to any teacher for school services at a rate less than that fixed by this act, he shall he fined in any amount not exceeding $100.00 and shall be liable in a civil action for wages to such teacher at the rate provided in this act, which may be recovered by such teacher, together with an attorney's fee of $25.00, in any court of justice of com- petent jurisdiction. (R. S. 1908, 6601.) 111. State board of education Duties. 4. It shall be the duty of the state board of education, from time to time, to provide regulations which shall define the words "high school" and "equivalent" in this act, it being the intent hereof that only such schools be recognized as high schools as maintain a standard of scholarship and efficiency and course of study to the approval of the state board of edu- cation, and that the word "equivalent" as used in this act shall mean such a course of study or training or the ability to pass such an examination as in the judgment of the state board of education would as fully qualify the applicant for teaching as the qualification of high school or normal school work and the license respectively named above requires. (R. S. 1908, 6602.) [1865, p. 143. Approved and in force December 20, 1865.] 112. Special examination. 35. If the persons attached to and forming a school district have, at their school meet SCHOOL LAW OF INDIANA- 103 ing, designated other or a less number of branches of learn- ing than those in section 34 of this act ( 81) mentioned, which they desire to have taught in their school, the trustee, in employing a teacher for said school, shall require said teacher to be examined as to his qualifications to teach the branches of learning reqired by said school meeting. (R. S. 1908, 6603.) 113. Insulting teacher. 162. If any parent, guardian, or other person, from any cause, fancied or real, visit a school with the avowed intention of upbraiding or insulting the teacher in the presence of the school, and shall so up- braid or insult the teacher, such person, for such conduct, shall be liable to a fine of not more than twenty-five dollars, which, when collected shall go into the general tuition rev- enue. (R. S. 1908, 6608.) The teacher may exact compliance with all reasonable commands, and enforce obedience by inflicting corporal punishment, in a kind and reason- able manner, upon a pupil for disobedience. Such punishment must be within the bounds of moderation, and apportioned to the gravity of the offense; but when complaint is made, the judgment of the teacher as to what the situation required should have weight, as in the case of a parent under similar circumstances, and the reasonableness of the punishment must be determined upon the facts of the particular case, The presumption is that the teacher did nothing more than his duty. The legitimate object of chastisement is to inflict punishment by the pain which it causes, as well ns by the degradation it implies; and it does not follow that chastise- ment was cruel or excessive because pain was produced, or abrasions of the skin resulted from a switch used by the teacher. When a proper weapon has been used, the character of the chastisement with reference to any alleged cruelty or excess, must be determined by the nature of the offense, the age. physical and mental condition, as well as the personal at- tributes, of the pupil, and the deportment of the teacher. Vanactor v. State, 113 Ind. 27(1; Danenhoffer v. State, 70 Ind. 75. [1911, p. 134. Approved March 2. 1911.] 114. Examination in special branches. 1. That teachers in commissioned high schools, and in the manual training, domestic science and art, and kindergarten departments of the elementary and high schools, and teachers of German, music, drawing, physical culture and other special branches of instruction shall be examined by the county superintend- ents of schools at the timesof regular teachers 'examinations 104 SCHOOL LAW OF INDIANA. upon the branch or branches they are employed to teach, and in case they pass such examination successfully, they shall be licensed to teach such branch or branches for one, two or three years, according to the grades obtained upon such examination. Such license, however, shall not legally qualify its holder for the teaching of any branch or branches riot covered by said examination, and such teachers at the time of examination shall have the right to elect to have their manuscripts sent to the state department of educa- tion for grading upon the terms and conditions prescribed for other teachers. 115. Exemptions Three-year license- Rule. 2. Any person who has previously taught for six (6) consecutive years in the common schools of the state, and who shall at this time hold a three years' license to teach in the elemen- tary or high schools of the state, or who shall hereafter ob- tain such three (3) years' license to teach therein, so long as he shall teach the branch or branches upon which the license was issued, shall be forever afterward exempt from examination, but if such person shall, after said exemption occurs, suffer a period of one year to pass without having taught one full school year in the common schools of the state within said period or served in said schools, except in case of physical disability, properly certified to by a reputable physician, then said exemption shall cease. If said person during such exemption, shall seek employment to teach other or higher branches in the common schools of the state than those branches which were included in the examination upon which the three years' license was issued, then he shall be examined in such additional branches. The exemption shall apply to all licenses whether issued by the county superintendent or the state superintendent of public instruction: Provided, That an exemption acquired upon a license issued by a county superintendent shall be limited to the county in which such license was issued. An applicant for a state exemption shall present a certified statement from a county superintendent showing where and when such teacher has taught, and the license upon which the re- SCHOOL LAW OF INDIANA- 105 quest for exemption is based. If the exemption is granted, the superintendent of public instruction shall attach the exemption to the original license. The superintendent shall charge and collect a license fee of one dollar from each ap- plicant for state exemption. 116. Previous exemptions in force. 3. All exemption heretofore acquired shall remain in full force so long as the holders thereof shall comply with the terms of section 2 of this act. ASSOCIATIONS. [1911, p. 666. Approved March 6, 1911.] 117. Attending Pay of teachers. 1. That the school board of any city or town, and the township trustee of any township, may adjourn the schools of such city, town or township in order to allow teachers to attend sessions of schools or institutes of agricultural instruction held in the county, and the meetings of any teachers ' associations, and to visit model schools under the direction of trustees or boards of trustees and shall pay such teachers a wage for the time spent equal to the per diem of such teacher: Provided, That not more than three days shall be allowed in any one year. 106 SCHOOL LAW OF INDIANA- CHAPTEE VII. SCHOOLS. SEC. SEC. 118. Bible. I 135. Kindergarten. 119. Uniformity of term Numbering of schools. | 136. Free kindergarten tax. 119 Continuance of High Schools. 137. How collected and disbursed. 120." Calendar. \ 138. Medical inspection of children. 121. Colored children. 139. Medical inspection defined. 122. Appropriations for indigent children. 140. Schools physical Appointment Compen 123. Branches taught. sation. 124. Effect of alcoholic drinks and narcotics. 141. Physician's duties. 125. Voters' meeting School directors. 142. Hules for enforcement. 126. Voters at school meetings. 143. Penalty. 127. Other meetings of voters Powers. : 144. United States flag. 128. Estimates of expenses. I 145. Display of fla. 129. Director's duties. j 145} Star Spangled Banner. 130. Charge of school house. 146. Destruction or mutulation. 131. Visits schools May exclude pupils. .147. Penalty. 132. Appeal to trustee. 133. Common schools defined High school courses. 148. Secret societies unlawful. 149. Night school. 150. Who may attend. 134. High school studies. [1865, p. 3. Approved March 6, 1865.] 118. Bible. 167. The. Bible shall not be excluded from the public schools of the state. (E. S. 1908, 6578.) 119. Uniformity of term. Numbering of schools. 14. All schools in a township shall be taught an equal length of time, as nearly as the same can be done, without regard to the diversity in the number of pupils at the several schools, or the cost of the school; and each of said schools shall be numbered, by the proper trustees, as school No. - . (E. S. 1908, 6579.) 1. UNIFORMITY, i he statute ouly requires the schools in the townships to be taught an equal length. of time, as nearly as the same can be done. Harmony School Tp. v. Moore, 80 Ind. 276. See also Maloy v. Madget, 47 Ind. 241. [1911, p. 483 Approved March 4. 1911.] 119 \ Continuance of high schools. 1. In any township or incorporated town in which a commissioned or a certified high school has been or may hereafter be established, when SCHOOL LAW OF INDIANA- 107 the school trustee of such township or the school trustees of such incorporated town deem it unwise or inexpedient to continue the term of the elementary schools for the period required for a commissioned or a certified high school, said trustees are . authorized to continue the high school of said school corporation for a term not to exceed that required for u commissioned high school. 120. Calendar. 163. A school term of three months shall be sixty days, a school month twenty days, and a school week five days. (R, S. 1908, 6580.) [1877, p. 124. Approved March 5, 1877.] 121. Colored children. 3. The trustee or trustees of such township, town or city may organize the colored chil- dren into separate schools of the township, town or city, having all the rights, privileges and advantages of all other schools of the township, town or city: Provided, That in case there may not be provided separate schools for the colored children, then such colored children shall be al- lowed to attend the public schools with white children: Provided further, That when any child attending such col- ored school shall, on examination and certificate of his or her teacher, show to the trustee or trustees of any township, town or city that he or she has" made sufficient advancement to be placed in a higher grade than that afforded by such colored school, he or she shall be entitled to enter the school provided for white children of a like grade, and no distinc- tion shall therein be made on account of race or color of snch colored child. (R. S. 1908, 6581.) [1885. p. 125. Approved April 2, 1885.1 122. Appropriations for indigent children. 1. The boards of commissioners in the several counties of this state are hereby authorized to make suitable appropriations for the education, in the common school branches of learn- ing, of the pauper children of their respective counties whenever, in the judgment of the board of commissioners, justice to the school district or districts wherein such pan- 108 SCHOOL LAW OF INDIANA. per children are kept demands such assistance ; and all ex- penditures authorized by this act shall be made and paid out of the county treasury on warrants drawn by the audi- tor on the order of the board of commissioners : Provided, That where there is no provision for a matron, or an in- sufficient number of chifdren to require the services of a matron, or the establishment of a separate school for the inmates of such asylums, it shall be the duty of the board of commissioners to require the superintendent of such asy- lum to send such children to the township schools. (E. S. 1908, 6674.) [1869, p. 40. Approved May 5, 1869.] 123. Branches taught. 147 The common schools of the state shall be taught in the English language ; and the trus- tee shall provide to have taught in them orthography, read- ing, writing, arithmetic, geography, English grammar, physiology, history of the United States, and good beha- vior, and such other branches of learning and other lan- guages as the advancement of the pupils may require and the trustees from time to time direct. And whenever the parents or guardians of twenty-five or more children in attendance at any school of a township, town or city shall so demand, it shall be the duty of the school trustee or trustees of said township, town or city to procure efficient teachers and introduce the German language, as a branch of study, in such schools; and the tuition in said schools shall be without charge : Provided, Such demand is made before the teacher for said district is employed. (E. S. 1908, 6582.) [1895, p. 375. Approved March 14, 1895.] 124. Effect of alcoholic drinks and narcotics. 1. The nature of alcoholic drinks and narcotics and their effects on the human system in connection with the subjects of physiology. and hygiene, shall be included in the branches to be regularly taught in the common schools of the state and in all educational institutions supported wholly or in part by money received from the state t and it shall be the SCHOOL LAW OF INDIANA- 109 duty of the boards of education and boards of such educa- tional institutions, the township trustees, the board of school trustees of the several cities and towns in this state to make provisions for such instruction in the schools and institutions under their iurisdiction, and to adopt such methods as shall adapt the same to the capacity of the pupils in the various grades therein ; but it shall be deemed a sufficient compliance with the requirements of this section if provision be made for such instruction orally only, and without the use of text-books by the pupils. (R. S. 1908, 6586.) NOTE. For Sections 2 and 3 of this act, see pa^b 98. [1865, p. 3, Approved March 6, 1865.] 125. Voters' meeting School director. 25. The voters shall meet, annually, on the first Saturday in October, and elect one of their number director of such school ; who shall, before entering upon duty, take an oath faithfully to dis- charge the same. The director so elected shall, within ten days after said election, notify the trustee of his election; and, in case of failure to elect, the trustee shall forthwith appoint a director of said school. But any director so ap- pointed may be removed, upon a petition of three-fourths of the persons attached to said school who are entitled to vote at school meetings. (R, S. 1908, 6589.) 1. VOTERS AT SCHOOL MEETINGS. Voters at the school meetings of a dis- trict are all taxpayers, male and female, except married women and minors, who have been listed as parents, guardians or heads of families, and at- tached to such district. Taxpayers are those persons who are liable to pay taxes, either poll or upon property. Any voter at the school meeting, a woman if unmarried, is eligible to the office of director. [1865, p. 3. Approved March 6, 1865.] 126. Voters at school meetings. 15. Any person who is a voter at township elections, and has no children in charge between the ages of six and twenty-one years, by making application to the trustee of his township while the enumeration is being made, and by indicating to said trus- tee his selection of the school to which he desires to be 110 SCHOOL LAW OF INDIANA- attached, may have his name listed by said trustee on the enumeration list, and be attached to the school selected, and thus become entitled to the privileges of said school, and be a voter at its school meetings. Such persons, together with the parents, guardians and heads of families men- tioned in section 14, and the persons transferred from other townships and attached to said school, as provided in sec- tions fourteen and sixteen of this act, shall be the only persons entitled to vote at the meetings of the school so selected, and all other persons shall' be excluded from vot- ing at such meetings. * 1. NOTE. In Carnahan v. State, 155 Irid. 150, the supreme court inti- mates that the above section is. still in force, and calls attention to the fact that it has been omitted from all the revisions of the sta'utes of this state made since 1870. 2. LISTED AND ATTACHED. To be "listed as parents, guardians or heads of families" means that the trustee in taking the enumeration listed them, that is, put them on the enumeration list of report, and "attached," that is. assigned them to a certain district for school purposes. [1873, p. 68. Approved March 8, 1873.] 127. Other meetings Powers. 26. The voters at school meetings may hold other school meetings at any time upon the call of the director or any five voters. Five days's no- tice shall be given of such meeting, by posting notices in five public places in the vicinity; but no meeting shall be illegal for want of such notice, in the absence of fraud ; and the legality of such proceedings, if called in question, shall be determined by the trustee of the township, subject to an appeal to the county superintendent, whose decision shall be final. Such school meetings shall have power to de- termine what branches, in addition to those mentioned in section thirty-four of this act [ 38], they desire shall be taught in such school, and the time at which such school shall be taught: Provided, however, That the tuition reve nue apportioned to the school shall be expended within the school year for which it was apportioned: Provided, fur- ther, That such school year shall begin on the first Monday of July. Such school meetings shall likewise have the power to fill vacancies that may occur in the office of di- SCHOOL LAW OF INDIANA- Ill rector; to direct such repairs as they may deem necessary in their school house; to petition the township trustee for the removal of their school house to a more convenient loca- tion, for the erection of a new one, or the sale of an old one and the lands belonging thereto, and upon any other subject connected therewith; and at such meetings all tax- payers of the district shall be entitled to vote, except mar- ried women and minors : Provided, That nothing herein con- tained shall prevent the trustee from exercising a sound discretion as to the propriety or expediency of making such repairs, removing or erecting school houses, and the cost thereof. (R. S. 1908, 6590.) [18')5, p. 3 Approved March 6, 1865.J 128. Estimates of expenses. 27. When such meetings shall petition the trustee in regard to repairs, removal or erection of a school house, they shall also furnish to such trustee an estimate of the probable cost of such repairs, re- moval or erection. (R. S. 1908, 6591.) 129. Director's duties. 29. The director of each school shall preside at all meetings of the inhabitants connected therewith, and record their proceedings. He shall also act as the organ of communication between the inhabitants and the township trustee. (R. S. 1908, 6604.) 130. Charge of the school house. 30. He shall take charge of the school house and property belonging thereto, under the general order and concurrence of the trus- tee, and preserve the same; and shall make all temporary repairs of the school house, furniture and fixtures, and pro- vide the necessary fuel for the school, reporting the cost thereof to the trustee for payment. (R, S. 1908, 6605.) 1. POSSESSION OF HOUSE. We think the trustee has charge and posses- sion of the school house, for although the director has the charge for cer- tain purposes, he acts under the order and concurrence of the trustees. Hurd v. Walters. 48 Ind. 14S. 2. CHANGING SITE OF SCHOOL HOUSE. The relocation of a school house requires a majority petition of the patrons, the trustee's signature thereto and the county superintendent's decision in favor thereof, a failure of any one of which being fatal. Brandt v. State, ex rel., 171 Ind. 288. .".. CONTROL OF SCHOOL PROPERTY. See (R. S. 1908, 6412.) 112 SCHOOL LAW OF INDIANA. 131. Visits schools May exclude pupils. 31. He shall visit and inspect the school, from time to time, and, when necessary, may exclude any refractory pupil therefrom ; but the exclusion of any pupil from the school for disorderly conduct shall not extend beyond the current term, and may be, in the discretion of the director, for a shorter period. (R..S. 1908, 6606.) 132. Appeal to trustee. 32. The decision of a director in excluding a pupil shall be subject to appeal to the town- ship trustee, whose decision shall be final. (R. S. 1908, 6607.) [1907, p. 323. Approved March 9. 1907] 133. Common schools defined High school courses. 1. The public schools of the state shall be and are defined and distinguished as (a) elementary schools and (b) high schools. The elementary schools shall include the first eight (8) years of school work, and the course of study for such years [that] which is now prescribed or may here- after be prescribed by law. The commissioned high schools shall include not less than four (4) years' work following the eight years in the elementary schools. The high school course in non-commissioned high schools shall be uniform throughout the state and shall follow a course to be estab- lished and amended or altered from time to time as occasion may arise, by the state board of education; (R. S. 1908, 6583.) 134. High school studies. 2. The following enumerated studies shall be taught in all commissioned high schools throughout the state, together with such additional studies as any local board of education may elect to have taught in its high school : Provided, That such additions shall be sub- ject to revision of the state board of education. Mathe- matics: Commercial arithmetic, algebra, geometry. His- tory: United States, ancient, medieval or modern. Geog- raphy: Commercial or physical. English: Composition, rhetoric.- Literature: English, American. Language (for- SCHOOL LAW OF INDIANA. 113 eign) : Latin or German. Science: Biology, physics or chemistry. Civil government: General, state. Drawing. Music. (R. S. 1908, 6584.) [1889, p. 355. Approved March 9, 1889.1 135. Kindergartens. 1. In addition to other grades or departments now established in the common schools of the state, the board of trustees of any incorporated town or city are hereby empowered by law to establish, in connec- tion with the common schools of such incorporated town or city, a kindergarten or kindergartens for the instruction of children between the ages of four and six, to be paid for in the same manner as other grades and departments now established in the common schools of such incorpo- rated town or city : Provided, however, That no money ac- cruing to such incorporated town or city from the "school revenue for tuition fund" of the state shall be used to de- fray the tuition and other expenses of such kindergarten; but the same may be defrayed from the local tax for tuition and the special school revenue of said incorporated town or city. (R. S. 1908, 6483.) [1901, p. 123. Approved March 6, 1901.] 136. Free Kindergarten Tax. 1. In any city having a population according to the last United States census of over six thousand, the board of school commissioners or school trustees may, in fixing the annual levy of taxes for school purposes, include therein two cents on each one hundred dollars of valuation for the purpose of providing a fund for the support of free kindergarten schools in said city. (R. S. 1908, 6484, as amended 1911, p. 112.) 137. How collected and disbursed. 2. The tax so levied shall be collected as the other taxes for school purposes in such city are collected and shall be disbursed by the county treasurer as other school funds raised by local taxa- tion are disbursed, and said free kindergarten fund shall be applied to the aid, maintenance and support of free kin- [827277] 114 SCHOOL LAW OF INDIANA- dergarten schools conducted by any association incorpo- rated for that purpose having the approval of and desig- nated by the superintendent of schools of said city, and said fund shall be from time to time paid over to said asso- ciation for such use upon the written order of said superin- tendent directed to said county treasurer : Provided, That in cities having a population of more than one hundred thousand, according to the last preceding United States census, such tax shall be levied and such association shall not receive such funds unless for more than two years next preceding it -shall have maintained at least twelve such free kindergarten schools. (R. S. 1908, 6485.) [1911, p. 485. Approved March 6, 1911J 138. Medical inspection of children. 1. That all school trustees and township trustees are herewith permitted and recommended to institute medical inspection of school chil- dren at any time, the said trustees may require teachers to annually test the sight and hearing of all school children under their charge, the said tests and uses thereof to be made according to the rules hereinafter authorized. 139. Medical inspection defined. 2. The term, medical inspection, as used in this act, shall be held to mean the test- ing of the sight and hearing of school children and the in- spection of said children by school physicians for disease, disabilities, decayed teeth or other defects, which may re- duce efficiency or tend to prevent their receiving the full benefits of school work. 140. School physician Appointment Compensation. 3. Beginning with the school year 1911, school trustees and township trustees may appoint at least one school physi- cian for each school corporation: Provided, Where practi- cable, two or more school corporations may unite and em- ploy one such physician, whose duties shall be such as are prescribed in this act and the authorized rules, but no phy- sician shall have more than 2,000 school children under his charge. Said school physicians shall be graduates of a SCHOOL LAW OF INDIANA- 115 medical college, recognized by the state board of registra- tion and examination, shall hold a license to practice medi- cine in Indiana, and shall be informed and skilled in medical inspection of children, informed in the health laws and the health rules of the state board of health, shall be temperate, able-bodied, cleanly in person, not addicted to drugs, and of good moral character, and no others shall be appointed. School physicians may be discharged by the appointing power at any time. School physicians shall serve one year and until their successors are appointed, and shall receive such compensation as the appointing trustee or trustees may determine. 141. Physician's duties. 4. School physicians shall make prompt examination and diagnosis of all children re- ferred to them and such further examination of teachers, janitors and school buildings as in their opinion the pro- tection of the health of the pupils and teachers may require. Whenever a school child is found to be ill or suffering from any physical defect, the school physician shall promptly send it home, with a note to parents or guardians, briefly setting forth the discovered facts, and advising that the family physician be consulted. If the parents or guardians are so poor as to be unable to give the relief that is neces- sary, then school trustees and township trustees, as the case may be, shall provide the necessary relief: Provided, That in cities where public dispensaries exist, the relief shall be given by said dispensaries. School physicians shall keep accurate card-index records of all examinations, and said records, that they may be uniform throughout the state shall he according to the form prescribed by the rules authorized in this act, and the method and manner of reports to be made shall be according to said rules: Provided, however, That if the parent or guardian of any school child shall at the beginning of the school year furnish the written certifi cate of any reputable physician that the child has been ex- amined and parents notified of the results of such examina- tion in such cases the services of the medical inspector here- in provided for shall be dispensed with, and such certificate 116 SCHOOL LAW OF INDIANA. shall be furnished by such parent or guardian from time to time, as required by the trustee or board of trustees having charge of such schools. 142. Rules for enforcement. 5. The state board of edu- cation and the state board of health, shall jointly pass rules for the detail enforcement of the purposes of this act, which rules shall bear the printed seals of said boards; the said rules to be printed and promulgated by the state printing board; promulgation to consist in supplying a reasonable number of copies to each county superintendent from whom all who are interested may procure a copy. 143. Penalty. 6. All violations of this act, except as otherwise provided, shall be punished by a fine of not less than ten or more than fifty dollars, fl907, p. 537. Approved March 12, 1907.] 144. United States Flag. 1. It shall be the duty of the township trustees, boards of school trustees and boards of school commissioners of the various school corporations of this state, upon the petition of a majority of the school pa- trons of any district school to procure a United States flag not less than six feet long for each school under their su- pervision (R. S. 1908, 6413, as amended 1911, p. 453.) 145. Display of Flag. 2. The township trustees, boards of school trustees and boards of school commssioners of the various school corporations in this state shall cause the United States flag to be displayed upon every public school building under their control on every school day such school is in session : Provided, That the weather conditions permit. Such trustees and boards shall establish rules and regula- tions for the proper care, custody and display of the flag and when for any cause it is not displayed, it shall be placed conspicuously in the principal room or assembly hall of the school building. (R. S. 1908, 6414, as amended 1911, p. 453.) SCHOOL LAW OF INDIANA- 117 146. Destruction or Mutilation. 3. It shall be unlawful for any person to mutilate or destroy any flag so owned by said school corporation, or to mutilate or destroy any flagstaff or appliances belonging to said school corpora- tions as aforesaid. (E. S. 1908, 6415.) 147. Penalty. 4. Any person violating the provisions of section 3 of this act shall be guilty of misdemeanor and on conviction shall be punished by a fine of not less than $25.00 for the first offense, and not more than $100.00 for the second offense, to which may be added imprisonment for not more than thirty days. (R. S. 1908, 6416.) [1909. p. 356. Approved March 8, 1909.] 147J. Star Spangled Banner. The state board of edu- cation shall require the singing of the "Star-Spangled Ban- ner, " in its entirety in the schools of the State of Indiana, upon all patriotic occasions, and that the said board of edu- cation shall arrange and supply the words and music in sufficient quantity for the purposes indicated therein. [1907, p. 616. Approved. March 12, 1907.] 148. Secret societies unlawful. 1. The common schools of the state of Indiana, both elementary and high schools, shall be open to all children until they complete the courses of study in said common schools, subject to the authority of the teachers therein and to all the rules and regula- tions provided by the proper authorities for the govern- ment of such schools. It shall be unlawful for the pupils in any~ of the elementary or high schools of this state to form secret societies, fraternities or other similar organ- izations, in such schools; and the board of school com- missioners or board of trustees of any school town or city, and the trustee of any school township, and the superin- tendent of any school, are hereby required to enforce the provisions of this act by suspending, or, if necessary, ex- pelling a pupil in any elementary or high school who re- fuses or neglects to obey such rules or regulations or any of them. (E. S. 1908, 6585.) 118 SCHOOL LAW OF INDIANA- 1. AFFILIATION WITH SECRET SOCIETY GROUNDS FOR SUSPENSION OR EX- PULSION. In my opinion school authorities may lawfully suspend or expel pupils who persist in affiliating with secret societies when such affiliation is in violation of the rules and regulations of the school board. Biugham, Attorney-General . [1911, p. 641. Approved March 6, 1907.] 149. Night School. 1. In all cities having a popula- tion of three thousand, or more, according to the last pre- ceding United States census the school trustees of such cities may keep and maintain a night school, between the hours of seven and nine and a half o'clock p. m. during the regular school terms, as a part of the systems of common schools whenever twenty or more inhabitants of such city havin children between the ages of fourteen and twenty-one years of age, or persons over the age of 21 years of age, and who by reason of their circumstances, are compelled to be employed or have their children employed during the school days to aid in the support of such families who desire to and who shall attend such school, shall petition such school trustees so to do. 150. Who may attend. 2. All persons between the ages of fourteen and thirty, who are actually engaged in busi- ness or at labor during the day, shall be permitted to at- tend such school. SCHOOL LAW OF INDIANA. 119 CHAPTER VIII. SCHOOL PROPERTY. SEC. 151. Title to school property. 152. Use of school house for private school. 153. Use of school house for other purposes. 154. School house, when sold. 155. Sale of school propeety by Township Trus- tees. 156. Changing site of school house. 157. Notice of petition to change. 158. Penalty. 159. School house in annexed territory. 160. Pay for school house in annexed territory. 161. Donations and bequests. 162. Petition of majority of voters. 163. Sale of bonds. 164. Donations made to school corporations. 165. Conditional gift. 166. Income from gifts. 167. Trustee for gift. Powers. 168. Identity of gift not to be lost. 169. Donations for county high schools. 170. Trustees of county high schools. 171. Duties of Trustees. SEC. 172. Purchase of real estate Petition. 173. Appraisement. 174. Duty of Appraisers Payment Title- Trial. 175. Tender before appraisement Costs. 176. School property liable for public improve- ments. 177. Former payments legalized Lien. 178. Special school fund. 179. Doors must swing outward. 180. Sanitary buildings. 181 . Temperature Uncleanliness Teachers- Penalties. 182 . Hygiene and sanitary science Printed data 183. School officers Powers. 184. Penalty as to officers. 185. Buildings in towns Use by township. 186. Buildings Fire Means of escape. 187. Fire escapes. 188. Plan of escapes Approval. 189. . Penalties. 190. Inspectors Duties Penalty. 191. Township Trustee Duties. 151. Title to school property. 157. The title to all lands acquired for school purposes shall be conveyed to the township, incorporated town, or city for which it is ac quired, in the corporate name of such township, town or city, which is used for school purposes, for the use of com- mon schools therein. In all cases in which the title to any such land is vested in any other person or corporation than as above provided, it shall be the duty of the trustee, for school purposes of the township, town, or city, to procure the title to be vested as in this section provided. (R. S. 1908, 6609.) 152. Use of school house for private school. 158. When a school house is unoccupied by a common school of the state, and the people who form the school at such house desire that a private school be taught therein, and a majority of them make application to the trustee having charge of such house 129 SCHOOL LAW OF INDIANA. for the use of it for such private school, it shall be the duty of the trustee to permit said school house to be used for such private school by such teacher as may be mentioned in the application, but not for a longer time than until said house may be wanted for a public school ; and such permission and use shall be upon the condition that the teacher employed in said school shall report, in writing, to the trustee- First. The number of teachers employed, distinguishing between male and female. Second. The number of pupils admitted into the school within the term, and the average daily attendance. Third. The cost of tuition, per pupil per month, in said school. (E, S. 1908, 6613.) J, p. 181. Approved March 3, 1859.] 153. Use of school house for other purposes. 6. If a ma- jority of the legal voters of any school district desire the use ot ? the school house of such district for other purposes than common schools, when unoccupied for common school pur- poses, the trustee shall, upon such application, authorize the director of such school district to permit the people of such district to use the house for any such purpose, giving equal rights and privileges to all religous denominations and po- litical parties, without any regard whatever to the numerical strength of any religious denomination or political party of such district. (E. S'. 1908, 6614.) 1. USE OF THE SCHOOL HOUSE. The trustee, upon application of a majority of the legal voters of a school district, may authorize the director to permit the use of the house for other than school purposes, and a com- plaint to enjoin such use must aver that a majority of the legal voters of the district have not expressed a desire therefor. Kurd v. Walters, 48 Ind. 148. [1866, p. 3. Approved March 6, 1865.] 154. School house, when sold. 149. The proper trustee may, whenever a school house shall have been removed to a different location, or a new one erected for the school in a different place, if the land whereon the same is situated be- longs unconditionally to the township, town or city, sell the same, when, in his opinion, it is advantageous to the town- SCHOOL LAW OF INDIANA. 121 ship, town or city, so to do, for the highest price that can be obtained therefor; and upon the payment of the purchase money to the township, town or city treasurer, he shall ex- ecute to the purchaser a deed of conveyance, which shall be sufficient to vest in such purchaser all the title of such town- ship, town or city thereto. The money derived from such sale shall be a part of the special school revenue. (E. S. 1908, 6615.) [1907, p. 575. Approved March 12, 1907.] 155. Sale of school property by township trustee. 1. In all cases where school properties have not been used and. occupied for school purposes for a period of two years, or are unnecessary by reason of the construction of other school houses, and the said school property shall belong un- conditionally to the township, the proper trustee may, upon petition signed by two-thirds (2-3) of the qualified voters of the school district wherein said property is situated, sell the same for the highest price that can be obtained therefor, but not less than two-thirds of its appraised value, and upon the payment of the purchase money to the township trustee, he shall execute to the purchaser a deed of conveyance, if of real estate, and a bill of sale if of building or buildings, which shall be sufficient to vest in such purchaser all the title of such township thereto. Such sale shall be made only after said property has been duly appraised by three disin- terested householders of the neighborhood, as other prop- erty is required to be appraised, and the publication of no- tice of the sale thereof for three successive weeks in a news- paper of general circulation printed and published in the township, if any, otherwise in such paper printed and pub- lished in the township nearest thereto, and by posting five (5) notices of such sale in the township, three of which shall be in the district wherein said property is situated, at least three weeks prior to the date of such sale. The money de- rived from such sale shall be a part of the special school revenue, and shall be duly reported and accounted for by such trustee. (R. S. 1908, 6616.) 122 SCHOOL LAW OF INDIANA- 1. CONVEYANCES. A deed to the school township for the use of the township for school purposes is an absolute and not a conditional convey- ance ; and the township may sell the property so deeded. The deed of the township should be made in the name of the school township, and signed by the trustee. School boards of cities and towns may sell and convey a school lot upon the conditions named in this section. J, p. 17. Approved February.7, 1893.] 156. Changing site of school house. 1. Whenever 'it becomes necessary for the trustee of any township in this state to change and re-establish the site of any school build- ing and remove said building to a new site and location therefor, such trustee shall first present to the county super- intendent of schools of the county in which such township is situated, a petition setting forth therein the place and par- ticular point to where it is desired to change and relocate the site of any such building, and to remove the same there- to, together with a brief statement of the purposes and rea- sons for such proposed change of location of said school building, and upon such petition shall first procure an order from such county superintendent, authorizing him to change the site and location of such school building, and remove said building to its new site and location: Provided, That said petition shall be signed by said trustee and the major- ity of the patrons of the school where said building is locat- ed, and satisfactory proof shall be made to said county su- perintendent that the persons signing said petition con- stitute a majority of the patrons of said school. (Tfc. S. 1908, 6417.)' 157. Notice of petition to change. 2. Before such coun- ty superintendent shall grant such order such trustee shall make and file with said superintendent his affidavit that he has caused notice to be given of such petition, the pur- poses thereof, the place of the change of location of such school building, and the time when the same will be pre- sented to the said county superintendent by posting notices in not less than five public places in his township, three of which shall be in the immediate neighborhohod from where such school building is to be removed, at least twenty days SCHOOL LAW OF INDIANA- 123 prior to the time when the same is to be heard by said coun- ty superintendent. (R. S. 1908, 6418.) 158. Penalty. 3. The trustee of any township in this state violating the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than fifty nor more than five hun- dred dollars. (R. S. 1908, 6419.) [1893, p. 194. Approved March 3, 1893.] 159. School house in annexed territory. 1. Whenever there has been, or may hereafter be, by proper proceedings, any territory annexed to any city or incorporated town of this state, which territory included within such boundary as annexed any real estate which, prior to such annexation, was the property of the school township, adjoining such town or city, and used for school purposes by such school township, such real estate shall, by virtue of such annexa- tion, at once become in fee simple the property of the school corporation of such town or city within the corporate boun- daries of which it is found after such annexation of terri- tory, and it is hereby made the duty of the township trustee to at cnce execute and deliver to the school corporation oi such town or oit; a deed conveying such title as his school township has for ail school property which has passed, by such proceedings, from the territorial jurisdiction of the township to that of a town or city. (R. S. 1908, 6611.) 1. SECTION VALID. The above section is valid, even if the old town- ship is in debt for the school house, and the annexing city or town is not bound to contribute to the payment of the debt. If the township trustee refuses or neglects to convey the property to such annexing city or town he may be compelled to do so by mandate of the courts. Board v. Center Township, 143 Ind. 391. This decision modifies the following cases: Car- son v. State, 27 Ind. 4U5 ; lleizer v. Yphn, 37 Ind. 415; State v. Shield, 56 Ind. 021; Rechert v. City of Peru, CO Jnd. 473; School Township of Lees- burgh v. Plain School Township, SG Iiid. 582; School Township of Allen v. School Town of Macy, 109 Ind. 559; Newpoint Lodge m v. School Town of Newpoint, 138 Ind. 141. [1899, p. 376. Approved March 3, 1899.] 160. Pay for school house in annexed territory. 1. In all cases where any city or incorporated town of this state 124 SCHOOL LAW OF INDIANA- has annexed or shall hereafter annex any territory, or where any town shall he hereafter incorporated in which territory so annexed or incorporated there was or shall be the prop- erty of any school township used by such school township for school purposes, and such school township was, or shall be at the date of such annexations, indebted either for the purchase of said school property, or for buildings construct- ed thereon, which indebtedness is unpaid at the date of the passage of this act, it shall and is hereby made the duty of the school corporation of such city or incorporated town to pay such indebtedness, and such school corporation is hereby declared to be and made liable therefor. Until such city or town school corporation shall have paid such in- debtedness, it shall not be entitled to possession of such property, or to a deed therefor, and upon paying such in- debtedness by said school township, such school township shall be entitled to recover the amount so paid from said city school corporation with interest at the rate of six per cent, per annum from date of payment, and on payment of such amount the said school corporation shall be entitled to a deed and possession of such property as now by law pro- vided. (E. S. 1908, 6612.) 1. NOTE. Where a town is incorporated, and within the incorporated limits is a township school house, the town is not liable to pay the town- ship for the same, the above section having no application to such an in- stance. It is only where a city or town, already in existence, annexes territory in which is situated a township school house that such city or town is liable. Mauniee School Tp. v. School Town of Shirley City, 159 Tnd. 423 , 63 N. E. Rep. 285. [1877, p. 126. Approved March 7. 1877.] 161. Donations and bequests. 1. Whenever any per- son shall give or bequeath unto trustees any sum of money exceeding five thousand dollars, for the purpose of erecting a public school building or seminary in any unincorporated town in this state, and upon the express or implied condi- tion contained in said bequest that an amount equal there- to shall be raised by the citizens of said town or township for a like purpose, the township trustee of said township in which said town is situated shall, upon the petition of a ma- SCHOOL LAW OF INDIANA. 125 jority of the legal voters of said township, be authorized to prepare, issue and sell the bonds of said township, to secure a loan not exceeding fifteen thousand dollars in anticipa- tion of the revenue for special school purposes, for the pur- pose of complying with the condition annexed to such gift or devise said bonds to bear a rate of interest not exceed- ing seven per cent, per annum, payable at such time, with- in seven years from date, as such trustee may determine: Provided, That until all the bonds of any one issue shall have been redeemed, such township trustee shall not be authorized to make another issue, nor shall any such bonds be sold at a less rate than ninety-five cents on the 'dollar. (E. S. 1908, 6624.) 162. Petition of majority of voters. 2. The whole num- ber of votes cast for candidates for congress at the last pre- ceding congressional election in the township shall be deemed to be the whole number of legal voters of such town- ship, a majority of whose names shall be signed to the peti- tion presented to such township trustee; to which petition sli all be attached the affidavit or affidavits, as such trustee may deem necessary, of a competent and credible person or persons that the signature of all the names to said petition are genuine, and that the persons whose names are thereto signed are, as he believes, legal voters of such township. (R. S. 1908, -S6626.) 163. Sale of bonds. 3. The township trustee shall re- cord such petition, together with the names attached, in the record-book of -his township, and carefully file away and preserve said petition, and shall enter in such record a statement of the time when such petition was filed; and, if said trustee shall then be satisfied that said petition con- tains the names of a majority of the legal voters of said township, he shall then prepare, issue and sell bonds to the amount petitioned for in such petition, as provided in sec- tion 1 of this act (section 4514), and shall accurately keep a record of all proceedings in and about the issue and sale 126 SCHOOL LAW OF INDIANA- of such bonds, to whom, and for what amount sold, the rate of interest they bear, and the time when they become due. (II. S. 1908, 6627.) [1901, p. 555. Approved March 11, 1901,1 164. Donations made to school corporations. 1. All common school corporations of this state be and they hereby are authorized and empowered to acquire by gift, devise or bequest real estate and personal property, and any such gift, devise or bequest heretofore made is hereby legalized validated as fully as if made after the taking ef- fect of this act. (R. S. 1908, 6628.) 165. Conditional gift. 2. Any such common school cor- poration which has heretofore acquired or shall hereafter acquire any personal property or real estate by gift, devise or bequest, in respect of which the donor or testator at the time of making the same, has annexed or may annex condi- tions or directions concerning the manner in which the same shall be held, used, enjoyed or disposed of, shall hold, use, enjoy and dispose of the same agreeably to the terms and conditions so imposed by the donor or devisor. (R. S. 1908, 6629.) 166. Income from gifts. 3. In every case where any such common school corporaton has heretofore ac- quired or shall hereafter acquire any personal property or real estate by gift, devise and bequest in respect of which the donor or testator, at the time making the same, has not or shall not annex conditions or directions concerning the same inconsistent with the requirements of this section, the principal of such gifts, devises and bequests shall be invio- late, but the interest, rents, incomes, issues and profits, thereof, may be expended by such school corporation. Such interest, rents, incomes, issues and profits shall not be de- voted to the payment of any obligation of the corporation incurred before the property was acquired, nor to the pay- ment of the salaries or wages of teachers, of the branches commonly and generally taught in the public schools, or for SCHOOL LAW OK INDIANA- 127 school or library officers or employes, nor to the purchase of ordinary school furniture or supplies of the character re- quired by the corporation to be paid for from the current income or revenue coming to it from taxes or by operation of law, but the same may be devoted to any public educa- tional or public library or kindred purpose, for which in the judgment of the managing board or trustee of the corpora- tion adequate financial provision shall not have been made by law. If in the judgment of such board or trustee, it seems wise to invest the principal of the gift, devise or be- quest in the erection or equipping, or both, of a building to be devoted to some special use of a public educational or library character, and the expressed will of the donor or testator will not thereby be violated, the principal may be so used, anything in this act to the contrary notwithstand- ing, but this provision shall not be construed to permit its use for the building or equipping of buildings for the ordi- nary graded or high schools. (R. S. 1908, 6630.) 167. Trustee for gift Powers. 4. Tf in the judgment of the board of trustees or school commissioners of any cor- poration coming under the terms of this act, it would be wise to appoint a trustee or trustees to hold the title to any such property, real or personal, heretofore acquired or that may be hereafter acquired by it in the manner mentioned in this act, unless the wish and will of the donor or testator expressed as aforesaid would thereby be violated, and to invest the principal and pay over from time to time only the net interests, rents, issues, incomes and profits of the fund to the school corporation for use as in this act pro- vided, such school corporation is hereby authorized and em- powered to name and appoint such trustee or trustees and to vest in him or fhrmi the tit.lo to such property subject to such trust and powers as the school corporation may im- pose not inconsistent with the wish or will of the donor or testator, expressed as aforesaid, or of the provisions of this act applicable to such property in case no such transfer to a trustee has been made. Provided, That if the managing board of such school corporation shall consist of fewer than 128 SCHOOL LAW OF INDIANA- three persons, and the school corporation elects to have the property held and managed by trustees, the corporation shall establish the terms of the trust and make the convey- ance, but the trustees shall in such case be not fewer than three and shall be named and appointed by the judge of the circuit court of the county in which the school corporation is domiciled. (E. S. 1908," 6631.) 168. Identity of gift not to be lost. 5. It is the main purpose of this act that the identity of the principal of gifts and benefactions of friends of the state's public schools may not be lost and that the income from their investment shall be used in giving to school children and the public ed- ucational and library advantages that could not be enjoyed if only the school and library revenue and income provided by law were available, but nothing in this act shall be con- strued as a limitation against the investment and reinvest- ment either by the school corporation itself or the trustees appointed agreeably to this act, from time to time as the safety of the fund or the best interests of the corporation may to the school corporation to which it is given, seem to require. (E. S. 1908, 6632.)- [1905, p. 16. Approved February 17, 1905.] 169. Donations for county high schools. 1. Whenever any person, or persons, shall donate to any county of the state, any building, or buildings, together with the necessary grounds, of the value of not less than $20,000. in counties having a population of 25,000 and less, and in counties hav- ing a population in excess of 25,000, $30,000, for the purpose of maintaining a county high school therein, it shall be the duty of the board of county commissioners of such county to accent such donation for the purpose herein named. (E. 8. 1908, 6868.) ), p. 400. Approved March 11, 170. Trustees of county high schools. 2. Whenever the board of commissioners of any county shall ac- cept any donation as provided in the preceding section of this act, it shall be the duty of the SCHOOL LAW OF INDIANA. 129 county board of education, together with the county com- missioners, to meet at the auditor's office within ten days after such acceptance, and annually thereafter on the first day of May, for the purpose of electing trustees for such school. At the first of said meetings three trustees shall be elected to serve until the first, second and third annual elec- tion, respectively, to be determined by lot, and one trustee shall be elected at each annual election, to serve for a term of three years. Said persons shall constitute a board of trustees for the management of said school and before en- tering upon the duties of their office, shall take an oath faithfully to discharge the duties of the same. They shall meet within five days after their election at the office of the county superintendent of said county and organize by elect- ing one of their number president, one secretary, and one treasurer. The treasurer, before entering upon the duty of his office, shall execute a bond to the acceptance of the county auditor, conditioned as ordinary official bonds, with at least two freehold sureties who shall not be members of said board of trustees, in a sum not less than double the amount of money which may come into Ms hands within the ensuing year by virtue of his office. The president and secretary shall each give bond, with like sureties, in the sum of one thousand dollars; all of said bonds to be ap- proved by the county auditor. All vacancies that may oc- cur in said board of trustees shall be filed by the county auditor. The board of trustees shall each year, within five days after the annual election of a member, reorganize their board and execute their respective bonds for the en- suing year. Said trustees shall receive for their services such compensation as the board of county commissioners may deem just their allowance to be drawn from the reve- nues of said school. (R. S. 1908, 6869.) 171. Duties of trustees. 3. It shall be the duty of such board of trustees First. To levy annually a tax for the support of said county school, which tax shall be assessed and collected as [927277] 130 SCHOOL LAW OF INDIANA- the taxes for state and county revenues are assessed and col- lected: Provided, That no such tax levy, in any one year, shall exceed the sum of fifteen cents on each one hundred dollars 01 the taxable property in their respective counties. Second. To take control of all property belonging to said school and to make all necessary improvements and repairs to the same; to organize such school and adopt and enforce rules for the government of the same, purchase apparatus and general supplies, employ and pay teachers, appoint su- perintendent, establish a course of study; to admit to such county school all pupils resident of the county who are pre- pared to enter the high school department of the. common schools, without cost of tuition; to fix terms and rules for admitting pupils not resident of their respective counties, and to do all other necessary acts for the proper manage- ment of said school. (E. 8. 1908, 6870.) [1907, p. 114. Approved March 1, 1907.1 172. Purchase of real estate Petition. 1. When- ever, in the opinion of the trustees of school corporations of any city or town, or of the township trustee of any township in the state, it shall be considered necessary to purchase any real estate on which to build a school house, or for any other purpose connected therewith, such township trustee or school trustees, or a majority of them, may file a petition in the circuit court of said county, asking for the appoint- ment of appraisers to appraise and assess the value of said real estate. (R. S. 1908, 6633.) 173. Appraisement. 2. Upon said petition being filed, the owner or owners of said real estate, having had ten days' notice of the pendency thereof, the court shall ap- point three freeholders, resident in said school corporation or said township where said real estate is situate, to ap- praise and assess the value thereof. (E. S. 1908, 6634.) 174. Duty of appraisers Payment Title Trial. 3. Said appraisers, before making said appraisement and as- sessment, shall take an oath before the clerk of said court SCHOOL LAW OF INDIANA. 131 to make a fair, true and honest appraisement of said real estate and shall then proceed to examine said real estate, hear such evidence as they may consider necessary and make report of their appraisement to said court within five days after their appointment; and thereupon such township trustee or school trustees of such school corpora- tion, or a majority of them, may pay to the clerk of said court, for the use of the owner or owners thereof, the amount thus assessed, and upon such payment being made and the same having been shown to the court hearing said cause, the title to said real estate shall at once vest in such school corporation or school township for said purposes, and said court shall cause said real estate to be conveyed to said school corpration or school township by a commis- sioner appointed therefor, and said school corporation or school township may immediately take possession of said real estate for said purpose. Upon the report of said ap- praisers being filed, any party to the action, within ten days, may except to the amount of the appraisement and valuation of said real estate, and a trial may be had there- on before said court as other civil causes are tried, and said court shall fix the amount of said appraisement and assess- ment, and any party to said action may appeal from the judgment of said court as other civil cases are appealed: Provided, That should said township trustee or school trus- tees, or a majority of them, except to the amount of the appraisement and assessment as aforesaid, the court shall convey said real estate to said school corporation or school township, and the title to said real estate shall at once vest in said school corporation or school township for said pur- poses, and the subsequent proceedings upon said exceptions shall only affect the amount of such appraisement and as- sessments. (R. S. 1908, 6635.) 175. Tender before appraisement Costs. 4. Before the filing of said petition said township trustee or school trustees, or a majority of them, may offer or tender to the owner or owners of said real estate an amount deemed a reasonable value therefor, and should the amount fixed by 132 SCHOOL LAW OF INDIANA. the appraisers or by the court subsequently thereto be the same or less than the amount so tendered, then said cause shall be prosecuted at the cost of the owner or owners of said real estate, and upon exception to the amount fixed by the appraisers, should said exceptor not increase the amount of said appraisement and assessment, the action on such exception shall be at the cost of such exceptor. Where no amount has been tendered by said township trustee or school trustees, or a majority of them, and no exception taken, the action shall be prosecuted at the cost of the petitoners. (B. S. 1908, 6636.) [1903, p. 357. Approved March 9, 1903.] 176. School property liable for pubic improvements. 1. All common school corporations of this state shall here- after possess the same powers and be subject to the same duties and liabilities in respect to municipal assessments for the cost of public improvements affecting their real estate that private owners of real estate possess or are sub- ject to, and that the real estate of such corporations shall be subject to liens for such municipal assessments for pub- lic improvements in all cases where the same property would be so subject had it, at the time the lien attaches, been owned by a private owner, except that no penalty or attorney's fee in respect of any such municipal assessment shall be collectible from any such school corporation. (B. S. 1908, 6670.) 177. Former payments legalized Lien. 2. Whenever any such public improvement has been heretofore made and it has been paid for by a common school corporation out of its special school revenue, the act of the corporation in making the payment is hereby validated, and in every case where such an improvement has heretofore been made, but the cost has not yet been paid, where, if the real estate had been at the time in private ownership, a valid munici- pal assessment lien would have existed for the cost thereof, and such a lien has been sought to be taken, which lien would, as against a private owner, be valid, the same as SCHOOL LAW OF INDIANA. 133 against such common school property, is hereby validated and made as enforceable as it would be had the property been, at the time the lien was sought to be taken, in private ownership, but no penalty or attorney's fee shall be col- lectible ; and it is hereby made the duty of every such com- mon school corporation to pay and discharge such lien out of the special school revenue, and not otherwise appropri ated. (E, S. 1908, 6671.) [1907, p. 340. Approved March 9, 1907.] 178. Special school fund. 1. Whenever any township of the state of Indiana shall have collected any special school fund for the special or specific purpose of erecting or constructing a school building and it shall have been de- cided by the township trustee of such township to abandon the proposed work of erecting or constructing such school building, it shall be the duty of the township trustee of such township to transfer such special school fund col- lected for such special or specific purpose to the township fund of such township upon the order of the advisory board of such township to make such transfer of such spe- cial school fund, and it shall be lawful thereafter to use such funds for any purpose for which the township funds of such township may be used. (R. S. 1908, 6446.) [1891, p. 111. Approved March 5, 1891.] 179. Doors must swing outward. 243. Whoever, being the owner, manager, lessee, trustee, or person having the charge of any theater, opera-house, museum, college, semi- nary, church, school house, or 'other public building, refuses or neglects to cause all the doors thereof, constructed for the purpose of ingress and egress, whether inner or outer doors, to be so hung, that the same shall swing outwardly, shall be fined in any sum not exceeding one thousand dol- lars nor less than ten Collars, to which may be added im- prisonment in the county jail for any period not exceeding six months: Provided, That this section shall not apply to the outer doors of one-story churches and school houses. (R. S. 1908, 2688.) 34 SCHOOL LAW OF INDIANA- [1911, p. 118. Approved March 1. 1911.1 180. Sanitary buildings. 1. That after the going into effect of this act. all school houses which shall be con- structed or remodeled, shall be constructed in accordance arid conform to the following sanitary principles, to wit: (a) Sites. All sites shall be dry, and such drainage as may be necessary to secure and maintain dry grounds and dry buildings, shall be selected and supplied. Said site and said buildings shall not be nearer than 500 feet to steam railroads, livery stable, horse, mule or cattle barn used for breeding purposes or any noise-making industry or any unhealthful conditions. Good dry walks shall lead from the street or road to every school house and to all out- houses, and suitable playgrounds shall be provided. (b) Buildings. School buildings, if of brick, shall have a stone foundation, or the foundation may be of brick, or concrete: Provided, A layer of slate, stone or other im- pervious material, be interposed above the ground line, or the foundation may he of vitrified brick and the layer of impervious material will not be required. Every two- story school house shall have a dry, well-lighted basement under the entire building, said basement to have cement or concrete floor and ceiling to be not less than ten feet above the floor level. The ground floor of all school houses shall be raised at least three feet above the ground level and have, when possble, dry, well-lighted basement under the entire building, and shall have a solid foundation of brick, tile, stone or concrete, and the area between the ground and the floor shall be thoroughly ventilated. Each pupil shall be provided with not less than 225 cubic feet of space, and the interior walls and ceiling shall be either painted or tinted some neutral color as gray, slate/buff or green. (c) Lighting and Seating. All school rooms where pupils are seated for study, shall be lighted from one side only and the glass area shall be not less than one-sixth of the floor area and the windows shall extend from not less than four feet from the floor to at least one foot from the ceiling, all windows to be provided with roller or adjustable SCHOOL LAW OF IXniANA. 135 shades of neutral color as blue, gray, slate, buff or green. Desks and desk seats shall preferably be adjustable, and at least twenty per cent, of all desks and desk seats in each room shall be adjustable, and shall be so placed that the light shall fall over the left shoulders of the pupils. For left-handed pupils, desks and seats may be placed so as to permit the light to fall over the right shoulder. (d) Blackboards and Cloakrooms. Blackboards shall be preferably of slate, but of whatever material, the color shall be a dead black. Cloakrooms, well -lighted, warmed and ventilated, or sanitary lockers, shall be provided for each study school room. (e) Water Supply and Drinking Arrangements. All school houses shall be supplied with pure drinking water and the water supply shall be from driven wells or other source approved by the health authorities. Only smooth, stout glass or enameled metal drinking cups shall be used; water buckets and tin drinking cups shall be unlawful and are forbidden; and whenever it is practicable, flowing sani- tary drinking fountains which do not require drinking cups. shall be provided. All school house wells and pumps shall be supplied with troughs or drains to take away waste water, and under no conditions shall pools or sodden places cr small or large mudholes be allowed to exist near a well. When water is not supplied at pumps or from water faucets or sanitary drinking fountains, then covered tanks or coolers supplied with spring or self-closing faucets shall be provided. (f ) Heating and Ventilation. Ventilating heating stoves, furnaces, and heaters of all kinds, shall be capable of main- taining a temperature of 70 degrees Fahrenheit in zero weather and of maintaining a relative humidity of at least 40 per cent.; and said heaters of all kinds shall take air from outside the building and after heating, introduce it into the school room at a point not less than five nor more than seven feet from the floor, and at a minimum rate of thirty (30) cubic feet per minute; for each pupil regardless of outside atmospheric conditions: Provided, That when 136 SCHOOL LAW OF INDIANA. direct-indirect steam heating is adopted, this provision as to height of entrance of hot air shall not apply. Halls, office rooms, laboratories and manual training rooms, may have direct steam radiators, hut direct steam heating is for- hidden for study school rooms, and direct-indirect steam heating is permitted. All school rooms shall be provided with ventilating ducts of ample size to withdraw the air at least four times every hour, and said ducts and their open- ings shall be on the same side of the room with the hot air ducts. (g) Water-closets and Out-houses. Water-closets or dry closets when provided, shall be efficient and sanitary in every particular, and furnished with stalls for each hop- per or place; and when said water or dry closets are not provided, then sanitary outhouses, well separated for the sexes, shall be provided. Good dry walks shall lead to all outhouses and screens or shields be built in front of them. Outhouses for males shall have urinals arranged with stalls and with conduits of galvanized iron, vitrified drain pipe, or other impervious material, draining into a sewer, vault or other suitable place, approved by the health authorities. Any school trustee or trustees, who shall build or construct any school house or cause to be built or constructed any school house which does not include each and every sani- tary provision commanded in this act, shall, upon convic- tion, be fined in any sum not less than one hundred nor more than five hundred dollars; and any money claim for the material entering into, or any money claim for the con- struction of any school house, which does not in every way and all respects comply with the requirements of this act, shall be null and void. 181. Temperature Uncleanliness Teachers Penalties. 2. Whenever, from any cause, the temperature of a school room falls to 60 degrees Fahrenheit or below, with- out the immediate prospect of the proper temperature, namely, not less than 70 degrees Fahrenheit, being at- tained, the teacher shall dismiss the school until the fault is corrected; and it shall also be the duty of all teachers SCHOOL LAW OF INDIANA. 137 to immediately send home any pupil who is perceptibly ill in any way, or who is unclean and emits offensive bodily odors or who is infested with lice or other vermin; and the truant officer shall arrest and prosecute parent of guard- ians who do not rid their children of vermin and bodily un- cleanliness, when notified to" do so. Refusal of parents or guardians to free their children or wards of vermin or to bathe and cleanse them, making them fit to go to school, shall be punished by a fine of not less than five dollars and imprisonment for ten days or both. And if the refusal or neglect of parents or- guardians to bathe and cleanse their children or wards makes it necessary, then the truant offi- cer, upon order of the school authorities, shall have it done, the cost to be paid by the school authorites from the school funds. Whenever diphtheria, scarlet fever or other con- tagious and infectious diseases break out in any school, it shall be the duty of the township trustee, school board, school trustee or the school authority or authorities hav- ing control, to have medical inspection made of the pupils, and all found in any degree ill, shall be sent home and there retained until the local health officer gives a certificate of health, then such child may be again admitted to school. It shall be unlawful for school authorities to employ teachers or janitors who are not able-bodied or who are addicted to drugs or intemperate or who has tubercu- losis or syphilis. All school houses shall be specially cleaned and disinfected each year, before they are used for school purposes. The cleaning shall consist in first sweep- ing, then scrubbing the floors, washing the windows and all woodwork, including the wooden parts of seats and desks, and the disinfecting shall be done in accordance with the rules of the state board of health. Township trustees, school boards and boards of school commissioners who neg- lect or refuse to obey the provisions of this section, shall be fined in any sum of not less than ten nor more than one hundred dollars, and each said refusal or neglect shall con- stitute a separate offense. 138 SCHOOL LAW OF INDIANA. 182. Hygiene and Sanitary Science. Printed data. 3. There shall be taught in each year in the fifth grade of every public school in Indiana, the primary principles of hygiene and sanitary science, and especially shall in- struction be imparted concerning the principal modes by which each of the dangerous, communicable diseases are spread, and the best sanitary methods for the restriction and prevention of each such disease. Hygiene may also be taught in other grades at the will of school authorities. The state health commissioner and the state superintend- ent of public instruction shall jointly write, compile or orig- nate printed data in leaflet form, setting forth as plainly as possible, the primary principles of hygiene and sanitary science, and information concerning the prevention of dis- eases, and supply the same to all county superintendents, and said superintendents shall supply all the schools in their respective counties and see to it that teachers do not fail to comply with this section: Provided, That for all cities and towns having school superintendents, the said leaflets and pamphlets shall be sent direct to such superin- tendents, who shall see to it that teachers comply with this section. The state printing board shall publish from its funds all health leaflets or pamphlets as are herein provided for, and shall also pay the cost of distribution of the same to the county, city or town superintendents, from the state printing funds. 183. School officers Powers. 4. For the purpose of enforcing this act and making it practical, township trus- tees, boards of school trustees and boards of school commis- sioners shall have the power, and it is herewith made lawful for said trustees and said boards to make a levy not to ex- ceed five cents (5 cents) on each one hundred dollars ($100.00), the sum thus raised to be added to the special school fund, but to be used only for building and furnishing of schoolhouses This levy shall not be made unless plainly necessary. SCHOOL LAW OF INDIANA. 184. Penalty as to officers. 5. Any township trustee or the members of any board of school trustees or any teacher or any person who violates any provision of this act, except as herewith or otherwise provided, shall upon conviction, be fined not less than $50.00. [1911, p. 141. Approved March 2. 1911.J 185. Building's in towns Use by township. 1. When- over the owner of a school building located in an incorpo- rated town tenders the use of the same for school purposes for the school year to the trustee of the township within which it is located without any charge or expense other than keeping the same in proper repair and condition during such school year, such trustee if he deem the use of such school building suitable and convenient may use the same for school purposes in the same manner as township school buildings are now used and the employment and paying of teachers, the admission of pupils, and conducting school in said building, and the care thereof shall be governed by the laws applicable to township schools located without such towns. [1909, p. 302. Approved March 6, 1909.] 186. Buildings Fire Means of escape. 1. Every building now or hereafter used in whole or in part as a pub- lic building, public or private institution, sanitarium, surgi- cal institute, asylum, school house, dormitory, church, theater, public hall, place of assemblage or place of public resort, and every building in which persons are employed above the second story in a factory, workshop, or mercantile or other establishment, and every hotel, family hotel, apart- ment house, boarding house, lodging house, club house or tenement house, in which persons reside or lodge above the second story, and every factory, workshop, mercantile or other establishment of more than two stories in height, shall be provided with proper ways of egress or means of escape from fire, sufficient for the use of all persons accommodated, assembled, employed, lodged or residing in such buildings, and such ways of egress and means of escape shall be kept 140 SCHOOL LAW OF INDIANA. free from obstruction, in good repair and ready for use at all times, and all rooms above the second story in such building shall be provided with more than one way of egress or es- cape from fire, placed as near as practicable at opposite ends of the room and leading to fire escape on the outsde of such building or to stairways on the inside, provided with proper railings. All outside doors subject to the provisions of this section shall open outward, and all windows open out- ward or upward. No chairs or seats shall be allowed in the aisles or passways of such building during any enter- tainment or service, or when people are assembled therein, and no one shall interfere with any peace officer in attempt- ing to enforce the provisions of this act. The proscenium, or curtain opening, of all theaters shall have a fire-resisting curtain of some incombustible material, and such curtain shall be properly constructed and shall be operated by proper mechanism. The certificate of the fire chief of the city where said building is located, certifying that the pro- visions of this act have been complied with, shall be prima facie evidence of a compliance with such requirements. 187. Fire escapes. 2. In addition to the foregoing means of escape from fire, all such buildings as are enum- erated in section 1 of this act as are more than two stories in height shall have one or more fire escapes on the outside of said building, as may be directed by the fire chief afore- said, except in such cases as said fire chief may deem such fire escape to be unnecessary in consequence of adequate provisions having been already made for the [sic] safety in event of fire, and in such cases of exemption the said fire chief shall give the owner, lessee or occupant of said build- ing a written certificate to that effect and his reasons there- for, and such fire escapes as are provided for in this section shall be constructed according to specifications issued by [the] state department of inspection and accepted by the chief inspector, or approved by the fire chief, and shall be connected with each floor above the first, well fastened and secured by extending the bolts or fastenings entirely through the walls, and of sufficient strength, each of which SCHOOL LAW OF INDIANA- 141 fire escapes shall have landings or balconies guarded by iron railings not less than three feet in height, and embrac- ing one or more windows at each story and connecting with the interior by easily accessible and unobstructed openings; mid all the balconies or landings shall be connected by iron stairs, placed at a slant of not more than forty-five degrees, protected by a well secured hand rail on both sides, with a sixteen-inch-wide drop ladder from the lower platform, reaching to the ground; except in cases of school buildings iron stairs shall extend to a ground landing, and no tele- graph, telephone, electric light poles, trees or wire, signs or other obstructions shall interfere with the construction and use of any fire escape. 188. Plan of escapes Approval. 3. Any other plan or style of fire escape shall be sufficient if approved by the chief inspector, but if not so approved the chief inspector may notify the owner, proprietor or lessee of such estab- lishment or of the building in which such establishment is conducted, or the agent or superintendent, or school officer, or either of them, in writing that any such plan or style of fire escape is not sufficient, and may by an order in writing, served in like manner, require one or more fire escapes as he shall deem necessary and sufficient to be provided for such establishment at such location, and [of] such plan and style as shall be specified in such written order. Within twenty days after the service of such order the number of fire escapes required in such order for such establishment shall be provided therefor, each of which shall be of the plan and style in accordance with the specifications in said order required. The .windows or doors to each fire escape shall be of sufficient size and be located, as far as possible, con- sistent with accessibility from the staitways and elevators, hatchways or openings, and the ladder thereof shall extend to the roof. Stationary stairs or ladders shall be provided on the inside of such establishment from the upper story 1o the roof as a means of escape in case of fire. 142 SCHOOL LAW OF INDIANA- 189. Penalties. 6. The owner or owners of any hotel designated in this act, whether individual, firm or corpora- tion, or the lessee or occupant thereof, or any school officer having charge of public property, who neglects or refuses to comply with any of the provisions of this act, shall be deemed guilty of a misdemeanor and punished by fine not exceeding two hundred dollars ($200), to which may be added imprisonment in the county jail of [for] not less than one month or [nor] more than six months; and in case of. fire occurring in said building or buildings in the absence of such fire escape, or escapes, the said person or persons or corporation or public officials shall be liable in an action for damages with a penalty of five thousand dollars ($5,000) for the life of each person killed, in case of death, or for damages for personal injuries sustained in consequence of such fire breaking out in said building, and shall also be deemed guilty of a misdemeanor punishable by imprison- ment for not less than six months nor more than twelve months in the county jail, and said action for damages may he maintaned by any person now authorized by law to sue as in other cases of similar injuries. 190. Inspectors Duties Penalty. 7. It is hereby made the duty of the chief inspector or his deputies or their as- sistants in every city or town where there are fire companies, and every township trustee in townships where there are buildings coming under the provisions of this act and where there are no fire chiefs in said township, to see that the pro- visions of this act are enforced, and for this purpose they or their assistants or deputies shall have free access at all hours to all buildings embraced herein. If at any time any fire chief is informed by any person or has knowledge that any owner or owners of any hotel or lodging house, as above provided, has not complied with the provisions of this act, he or they shall at once give written notice to said owner or owners of said hotel or lodging house to comply with the terms of this act, and if at the expiration of thirty (30) days said owner or owners, as aforesaid, shall not have complied SCHOOL LAW OF INDIANA- 143 with the provisions of this act, said fire chief or trustee shall institute proceedings in any court of competent jurisdiction against said owner or owners of said hotel or lodging house : Provided, however, That nothing contained herein shall pre- vent any citizens of said State of Indiana from instituting proceedings against said owner or owners of any hotel or lodging house if said person [or persons] charged with the duty of enforcing this act shall fail or refuse to do their duty: Provided, That if [the] owner or owners of any such building fail to comply with the provisions of this act, the fire chief or trustee, after thirty (30) days' notice to the oc- cupants of said building, may proceed to furnish and equip such building with fire escape and all the necessary ropes and appliances for the protection of human life, as pro- vided in section 5 of this act, and shall make a sworn state- ment of the cost of said improvement and file same with the recorder of the county wherein the said building is situated, and the amount of said claim shall be a lien on said property and shall be foreclosed as mechanics' liens are foreclosed, and shall he governed by the same rules relating thereto. Said sworn statement shall be filed by said fire chief or trus- tee within sixty (60) days from the time that said work of equipping such building is completed. Any fire chief or other officer or persons charged within [with] the duties imposed upon such chief in this act, who shall wilfully or negligently fail to do his [their] duty in compliance with the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty dollars ($20) nor more than one thousand dol- lars ($1,000). 191. Township trustee Duties. 9. In all places where there is- no fire chief the trustee of the township wherein any such buildings are situated, as in this act provided and described, shall do and perform all the duties otherwise required of said fire chiefs, and be subject to all penalties provided in this act. 144 SCHOOL LAW OF INDIANA. CHAPTER IX. JOINT SCHOOLS. SEC. 192. Joint School district Petition. 193. Expense of establishing Control of school. 194. Expense of maintenance. 195. Joint graded schools. 196. School house for several townships. 197. Cost of erecting. 198. Advisory Board Emergency. 199. Abandonment of school district. 200. Consent of voters to abandonment. 201. Discontinuance of schools, Township Trus- tees. 202. Transportation of pupils. 203. Transportation of pupils to adjoining town- ships. 204. Payments for transportation. SEC. 205. Abandonment of schools in towns Kesum. ing control. 200. Conveyance to Trustee. 207. Charge of town schools. 208. Joint building Petition Election. 209. Election method Ballots. 210. Cost of building How apportioned. 211. Control and management. 212. High school district. 213. District determining the territory. 214. Contract for school facilities. 215. Expenses Apportionment. 21fi. Warrants. 217. Withdrawal. 218. Other acts not repealed . [1901, p. 53. Approved February 28, 1901. In force May, 1901.] 192. Joint school district Petition. 1. The trustees of two or more adjacent school corporations may establish a new school district and build a school house therein at the joint expense of their several corporations, whenever, in their judgment, it shall appear necessary for the better ac- commodation of the people of their respective corporations. Provided, That such necessity must be set forth in a peti- tion of the persons making the request, such petition to be presented to each of said trustees. And said trustees shall, at the time agreed upon by them, not less than ten days nor more than thirty days from the time of receiving such peti- tion, hold a joint meeting for the purpose of declaring whether such petition shall be granted, and take further action as the case may require. (R. S. 1908, 6620.) 1. NOTE. AD appeal lies to the county superintendent by the peti- tioners if the trustees do not grant the petition; but such superintendent can not direct one trustee, where the other disagrees with him, to make the selection of a site for the school house, nor to purchase a lot without his consent. Hendricks v. State, 351 Ind. 454. See also Hendricks v. State, 156 Ind. 185. SCHOOL LAW OF INDIANA. 145 193. Expense of establishing Control of school. 2. Each corporation shall bear such part of the expense of establishing such joint district school as the number of children of school age residing in each corporation and at- taching themselves to said new district at the time of the formation, bears to the whole number of children of school age who are attached to said district at its formation and each corporation shall assume its share of the debt so in- curred. But when said school shall be established it shall be controlled by the corporation in which it is established in the manner already prescribed by law. (R. S. 1908, 0621.) 194. Expense of maintenance. 3. The children of school age resident in a joint district already established or here- after established shall be admitted to the joint school main- tained therein, without transfer certificates or tuition charge. The trustees of the various 'corporations from which the joint district is made shall pay such part of the cost of maintaining the joint school as the number of pupils enrolled from each corporation bears to the whole number enrolled in the joint school. (R. S. 1908, 6622.) Joint high schools, see section 70 and sections 208 to 218. [1873, p. 76. Approved March 8, 1873.] 195. Joint graded schools. 13. The school trustees of two or more distinct municipal corporations for school pur- poses shall have power to establish joint graded schools, or such modifications of them as may be practicable, angl pro- vide for admitting into the higher departments of their graded schools, from the primary schools of their corpora- tions, such pupils as are sufficiently advanced for such ad- mission. Said trustees shall have the care and manage- ment of such graded schools, and they shall select the teachers therefor. They shall have power to pur- chase suitable grouods for such graded schools, and erect suitable buildings thereon; and the title to all such prop- [1027277] 146 SCHOOL LAW OF INDIANA- erty, acquired for such purposes, shall vest jointly in the corporations establishing the graded schools. (E. S. 1908, 6623.) 1. MANAGEMENT AND SUPERVISION. A joint graded school, as to its management and teachers, is subject to the same laws, rules and regu- lations as township graded school, except that it is under the joint management of the school trustees of both corporations. But the teachers should attend the institutes of the county and township in which the school is situated, and should be under the supervision of the superintendent of that county. 2. PURCHASE OF PKOPERTY. The two corporations may purchase Joint- ly real estate ; and the trustees are the sole judges of the right to pur- chase property of this character. Craig School Tp. v. Scott, 124 Ind. 72. ,'*. MANAGEMENT OK JOINT GRADED SCHOOLS. The trustees act as indi- vidual trustees, and do not as a unit represent their respective corporations. A majority of the whole board of trustees, whether such majority come from one corporation entirely, or from the different corporations interested, have the power to transact any and all business, including the employment of teachers relating to such joint graded school. Hanover School Tp. v. Oaat, 125 Ind. 557. 4. NEW STATUTE. The above section must be construed in connection with section 143. 5. JOINT GRADED SCHOOLS APPEAL. An incorporated town and town- ship can unite and establish a joint graded school, and it will not be neces- sary for the town to extend its limits so as to enclose the site of the school house. The town and township authorities have no power to enter into an agreement with an incorporated association for school purposes, that the three shall run and control one school, and that such association shall have equal control over the school with such town and township authorities. The control of the public school can not be fettered by any private per- son. Possibly an appeal will lie from the decision of two township trus- tees refusing to build a joint graded school house. In case two township trustees of different counties are petitioned to build such a school house, the superintendent of that county to whom an appeal is first taken would have jurisdiction of the case to the exclusion of the superintendent of the other county. It is a new question, but this is my best judgment in the matter. Baldwin, Atty.-Gen. 6. PROPORTIONAL CONTRIBUTIONS. While the section that provides for the establishment of joint graded schools by two or more distinct corpora- tions in silent as to th^ proportion in which each shall contribute to the expense, yet I am of opinion that their contributions should be in propor- tion to the number of pupils they will each send to the new school. Such is the rule in the case of joint district schools, and I think the same rea- sons apply to joint schools of all kinds. [1877 p. 125. Approved and in force March 6, 1877.] 196. School house for several townships. 1. The trus- tees of two or more adjacent counties or townships may SCHOOL LAW OF INDIANA- 147 establish a new school district, and build a school house therein at the joint expense of their several townships, whenever, in their judgment, it shall appear necessary for the better accommodation of the people of their respective townships: Provided, That such necessity must be set forth in a petition of the persons making the request such petition to be presented to each of said trustees. And said trustees shall, at the time agreed upon by them, not less than ten days nor more than thirty days from the time of receiving such petition, hold a joint meeting, for the pur pose of declaring whether such petition shall be granted, and take such further action as the case may require. (E. S. 1908, 6617.) 1. REPEAL. The belief has prevailed that this and the next section hnd been either repealed or become obsolete; but the legislature in 1903, by the enactment of section 198, below, recognized it as being still in force. 2. If one trustee purchase a school house site without the knowledge and consent of the others, the latter can not be compelled to contribute towards the construction of a school house upon such site. Henricks v. State, 151 Ind. 454; Henricks v. State, 150 Ind. 185. 197. Cost of erecting. 2. Each township shall bear part of the expense of establishing such joint district school as the number of children of school age residing in each town- ship and attaching themselves to said new district at the time of the formation, bears to the whole number of chil- dren of school age who are attached to said district at its formation ; and each township shall assume its share of the debt so incurred. But when said school shall be estab- lished, it shall be supported by the township in which it is established, in the manner already prescribed by law. (R. 8. 1908, 6618.) 1. TITLE, JOINT. The deed for the property should be in the name of all the corporations interested, but after the building is completed and paid for the partnership ceases, and the school house passes under the control of the trustee of the township within whose limits the house Is situated. . [1903, p. 431. Approved and in force March 10, 1903.1 198. Advisory board Emergency. 1. Whenever a ma- jority of the school patrons of two or more adjoining school districts, located in two or more adjacent town- 148 SCHOOL LAW OF INDIANA- ships, may heretofore have petitioned, or whenever they may hereafter petition, in substantial compliance with the provisions of section 1 of an act of the general assembly of the state of Indiana, in force March 6, 1877, being section 6001, Burns' revised statutes 1901, to the trustees of said townships for the establishment of a new school district and the erection of a joint school house for a joint or joint grad- ed school, at the place named in said petition, for the accom- modation of the school children residing in said school dis- trict, and if said trustees shall have granted, or may here- after grant, the prayer of said petition, or if an appeal may have been taken, or may hereafter be taken, to the county superintendent, from the decision of said trustees, refusing to grant the prayer of said petition, under the provisions of section 6028, Burns ' revised statutes 1901, and if on such appeal said superintendent may have granted, or may here- after grant, the prayer of said petition, then, in either of such events, an emergency shall thereby exist for the procurement of a site and the erection of such school house, as contemplated by section 8085f, Bums' Re- vised Statutes 1901, and if there is not sufficient money on hand for the purpose, the trustees and the advisory boards of said townships shall proceed to raise the money neces- sary to meet such emergency, as provided by said section, and shall also procure the necessary site for the erection of said school house and erect and maintain the same as pro- vided by law. (E. S. 1908, 6619.) [1901, p. 437. Approved and in force March 11, 1901.] 199. Abandonment of school district or corporation, 1. Whenever a majority of the legal voters of any school dis- trict or corporation shall petition the trustee or trustees of such school district or corporation for the abandonment of their schools and the consolidation of their schools with the schools of some other school district or corporation in the same township, it shall be the duty of the trustee or trustees of such school district or corporation to comply such petition, and to provide for the education of the SCHOOL LAW OF INDIANA. 149 children of such abandoned district or corporation in other schools as asked for in such petition. (R. S. 1908, 6421.) 11901, p. 159. Approved and in force March 7, 1901. ' 200. Consent of voters to abandonment. 1. No town- ship trustee shall abandon any district school in his town- ship until he shall have first procured the written consent therefor signed by a majority of those legal voters who are entitled to vote for township trustee in such district: Pro- vided, This act shall not apply to schools which have an average daily attendance of twelve (12) pupils or fewer. It shall be the duty of every township trustee to re-estab- lish any district school so abandoned upon the written petition of two-thirds of the legal voters who are entitled to vote for township trustee in such district. (R. S. 1908, 6420.) 1. PETITION. A petition to re-establish a school must be addressed to the township trustee. 2. AVERAGE DAILY ATTENDANCE. The attendance for an entire school year must be taken into account before a school can be abandoned. There must be an attendance of twelve or fewer for a term to abandon a school without a petition. 3. RE-ESTABLISHED. A trustee who has abandoned a school because the attendance was twelve or fewer can not be compelled to re-establish it, even if petitioned to do so. The clause of the statute making it the duty of the trustee "to re-estab- lish any district school so abandoned." applies only to those schools which have been abandoned upon petition. 4. TRANSFERRED PUPILS NOT TO BE COUNTED. In determining the daily average attendance, pupils attending who have been transferred to the school are not to be counted. 5. PATRON WHOSE CHILDREN HAVE BEEN TRANSFERRED. A patron whose children have been transferred can not sign a petition for the abandonment of a school. 6. VOIERS OF DISTRICT. The voters of the school district are those wha are attached to the district for school purposes, having children entitled to attend the public schools. [1907, p. 444. Approved March 11, 1907.] 201. Schools Discontinuance Township Trustees. 1. The township trustees shall discontinue and temporarily abandon all schools under their charge at which the aver- age daily attendance during the last preceding school year has been twelve (12) pupils or fewer; $nd said trustees, 150 SCHOOL LAW OF INDIANA. may discontinue and temporarily abandon all schools at which the average daily attendance during the last preced- ing school year has been fifteen (15) pupils or fewer: Pro- vided, The conditions as to roads, streams and bridges per- mit of such discontinuance: Provided, further, That any school so discontinued and temporarily abandoned may be re-established by the township trustee in his discretion whenever he shall feel assured of an average daily atten- dance of more than twelve (12) pupils during the school year: Provided, further, That nothing in this act, or in the act -to which it is amendatory, shall authorize the discon- tinuance of any school exclusively for colored pupils where such school is the only school for colored pupils in such school corporation, and any such school heretofore discon- tined by the operation of said act shall be re-established: And provided, That in case a majority of the patrons of any school district petition that any school heretofore aban- doned be reopened, then the township trustee shall open such abandoned school and re-establish the same. (R. S. 1908,, 6422, as amended 1909, p. 73.) 202. Transportation of pupils. 2. It shall be the duty of the township trustees to provide for the education of such pupils as are affected by such or any former discon- tinuance in other schools, ad they shall provide and main- tain means of transportation for all such pupils as live at a greater distance than two miles, and for all pupils between the ages of six (6) and twelve (12) that live less than two miles and more than one mile from the schools to which they may be transferred as a result of such discontinuance. Such transportation shall be in comfortable and safe con- veyances. The drivers of such conveyances shall furnish the teams therefor, ad shall use every care for the safety of the children under their charge, and shall maintain dis- cipline in such conveyances. Restrictions as to the use of public highways shall not apply to such conveyances. The expenses necessitated by the carrying into effect the provi- sions of this act shall be paid from the special school fund. (R, S. 1908, 6423.) SCHOOL LAW OF INDIANA. 151 [1911, p. 647. Approved March 6, 1911.] 203. Transportation of Pupils Adjoining Townships. 1. In all cases where a township has established a central- ized school and has provided for the transportation of the school children of the township to such school, it shall be the duty of the township trustee of such township to provide for the transportation of pupils transferred from schools in adjoining townships when such pupils have been trans- ferred to such township school and when such transporta- tion will not necessitate any additional wagons or require an additional distance to be traveled in such transportation. 204. Payments. 2. The township trustee having charge of the school from which such children are transferred shall pay to the township trustee of the township to which they are transferred, an amount equal to the per capita cost of transportation of the pupils of such township. 1. TRUSTEES CAN NOT BE MANDATED TO FURNISH TRANSPORTATION UN- LESS ADVISORY BOARD HAS MADE APPROPRIATION. A tOWDShip trustee CED HOt be mandated to provide transportation for school children, unless it first be shown that his advisory board has appropriated the money therefor, or has authorized him to borrow the necessary money. State, ex rel., Fairchilds vs. Anderson, 170 Ind., 540. 2. CHANGE OF SITE DOES NOT ENTITLE TO TRANSPORTATION. The town ship trustee is not required to furnish transi>ortatioii to pupils living more than two miles or more than one mile and less than two miles from school, where children are between six and twelve years of age, in a case where, upon petition of the patrons, the site of such school house has been changed, and the distance thereby made greater, but said school not abandoned or discontinued. Hingliain, Attorney-General. [1899, p. 373. Approved March 3. 1899.] 205. Abandoning of schools in towns Resuming con- trol. 1 . That any incorporated town in the state, that has no school indebtedness, the inhabitants of which do not ex- ceed fifteen hundred, as shown by the last preceding general census, may, through its town board of trustees, abandon and discontinue its management and control of public schools within such incorporated town, and abolish the board of school trustees therein. Whenever a town so dis- continuing its board of school trustees shall desire to again 152 SCHOOL LAW OF INDIANA. take control of its school affairs the town board may on petition signed by a majority of the resident freeholders, pass an ordinance to that effect and appoint a board of school trustees: Provided, That whenever a town passes such ordinance to again take control of its school affairs as herein above provided, it shall be the duty of the county assessor, county auditor and county superintendent of schools, to act as an appraising board to determine what if any equitable right the township has in the school property thus taken over and to determine the extent to which such town is indebted to the township, and the board of town trustees shall pay over to the township such amount as has been so determined, before said town shall be permitted to take over the schools: Provided, further, That such school property shall not be appraised and taken over by the town as above provided unless a majority of the resident free- holders in the township residing outside of said town, con- sent to such transfer: Provided, further, That no town board shall dissolve the school corporation except by consent of a majority of the freeholders therein. (R. S. 1908, 6480, as amended 1911, p. 441.) 206. Conveyance to trustee. 2. The town board of trustees of any such incorporated town, upon deciding to abandon and discontinue the control of the public schools therein, shall make and cause to be made a good and suf- ficient deed, conveying all real estate belonging to such school town to the township trustee of the township in which such incorporated town is located; and shall trans- fer all the personal property and fixtures belonging to such school town to such township trustee, all of which shall be accepted and held by such township trustee for the use and purposes of the school township wherein such town is lo- cated. (E. S. 1908, 6481.) 207. Charge of town schools. 3. After the -require- ments set forth in the preceding section are complied with, the township trustee shall have full and complete control of all the schools within such town, and shall conduct the SCHOOL LAW OF INDIANA. 153 same as provided for by law for the other schools of such township'. (E. S. 1908, 6482.) [1911, p. 463. Approved March 4, 1911.] 208. Joint Building Petition Election. , 1. Whenever twenty-five legal voters residing in any incorporated town and twenty-five legal voters residing in the same township but outside said town shall petition the school board of said lown and the township trustee of the township in which said town is located to erect a joint school house for a joint grad- ed school, or a joint high school or both, or such modification thereof as may be practicable, it shall be the duty of the school trustees of said town and of said township trustee or of a majority of them to call elections of the voters of the town and the voters of the township residing outside of such town respectively, for the purpose of determining whether a majority of the legal voters of each school corporation are in favor of building said joint school house. Such elec- tions of the legal voters of the town and the legal voters of the township outside of the town shall be separate and independent. Said trustees shall, upon the filing of said petitions, give notice by publication, for three successive publications, in a weekly newspaper, if any, published in said township, and if no weekly is published in said town- ship, then in the nearest paper published in said county, that on a day to be named by said trustees that the polls will open at the several voting places in said township named in the petition for the purpose of taking the vote of the legal voters thereof upon whether such joint school house shall be built; said elections shall be held not less than ten days nor more than twenty days after the last pub- lication of said notice. 209. Ballots Election method. 2. On the day named in said notice such polls shall be opened and the votes of the legal voters shall be taken upon the question of building such school house, and said election shall be governed by the general laws of the state, so far as they may be applicable, except as otherwise provided herein. Said trustees shall 154 SCHOOL LAW OF INDIANA- constitute the board of election commissioners and they shall cause to be prepared and -distributed proper ballots. There shall be printed on the ballots two squares and words as follows: For building the school house. For [Against] building the school house. Each voter desiring to vote for the building of such joint school house shall make a cross with a pencil in the square containing the word ' l yes, ' ' and each voter desiring to vote against the building of such joint school house shall make a cross in the square containing the word "no." Said trus- tees shall appoint inspectors, judges and clerks for such elections. The votes cast at such elections shall be can- vassed at the office of the township trustee on the day fol- lowing said election at 10 o'clock a. m., and a certificate of the votes cast for and against the building of said school house shall be filed with said trustees. If a majority of the votes cast at each of such elections are in favor of the build- ing of such 'joint school house, said trustees of said school corporations shall proceed to build the same, and the town- ship advisory board shall make the proper appropriation for the proportionate part of the cost of said building to be paid by said township. Said trustees shall provide a suitable site for said building. 210. Cost of building How apportioned. 3. The cost of construction of such joint school house shall be borne by such school corporation in proportion to the total amount of taxable property in each of such school corporations. If such school .town shall not have money available to pay for its proportionate part of the cost of the construction of said joint school house, the school trustee of such town may is- sue warrants or bonds of such corporation to meet such pro- portionate cost. If there are not sufficient funds available out of the annual township levy to meet the proportionate cost of said school house to be paid by such township, then SCHOOL LAW OF INDIANA- 155 the township advisory board of such township shall order bonds or warrants to be issued, and the township trustee shall issue township warrants or bonds to meet such pro- portionate cost to be paid by such school township. Such bonds authorized by this act shall be payable in such amounts and at such times as the trustees of said corpora- tions respectively may determine and shall bear such rate of interest as may be determined, not exceeding six per cent. 211. Control and management. 4. Any school house constructed under the provisions of this act shall be the joint property of said corporations, and such property shall be owned by such corporations in proportion to the amount paid by each for the construction of the same, and said school shall be open to all pupils residing in said town or township free of tuition. The trustees of said school corpo- rations shall have the control and management of said school house and school and the right to employ teachers in such school. Neither of said corporations shall ever be deprived of its ownership in said building except upon full compensation for its proportionate interest in the same. [1911, p. 475. Approved March 4, 1911.] 212. High school district. 1. Any city or incorporated town located in any township or townships in this state and which maintains or may hereafter establish and maintain a regularly commissioned high school, easy of access and which meets the requirements for high school pupils, may establish and maintain jointly with any such township or townships contiguous thereto or any part thereof and any incorporated town located therein, a high school which will furnish adequate accommodations for the high school pu- pils in the territory included and the same shall be consti- tuted and known as a high school district. 213. District Determining the territory. 2. School commissioners, boards of school trustees, township trustees or other school officials interested may meet and determine the territory to l>e included in such high school district; 156 SCHOOL LAW OF INDIANA- make provisions for ample school building or buildings and equipment, and provide for the maintenance and support of such high schools as herein provided. 214. Contract for School Facilities. 3. The school of- ficials of any such township, townships and incorporated towns may authorize and enter into contract with the school commissioners or board of school trustees of any such city or incorporated town to provide such high school accommo- dations for a part or all of their respective townships or town corporations by the purchase of grounds, erection of a building or buildings or by making repairs of present build- ing or additions thereto, and by equipping the same in ac- cordance with existing laws governing cities and towns in such procedure including the issuing of notes or bonds of their respective corporation and the payment of the same. 215. Expenses Apportionment. 4. The school com- missioners or board of school trustees of such cities and towns shall prepare and submit annually, prior to the time for the levy of school taxes for any year, to the school of- ficials of all interested school corporations of said high school district, an itemized statement of the cost of all ex- penditures for improvements and maintenance of such high school or schools for the previous year, with an itemized estimate of the cost of all proposed improvements, changes, equipment and expenses incidental thereto for the ensuing year, including any notes, bonds or interest thereon falling due and issued under any contract made under the provi- sions of this act, and such school officials shall meet and determine the expenditures needed and the total amount required 'for any unpaid obligations, improvements or re- quirements for the ensuing fiscal year of such high school. The total amount shall then be apportioned among the several school corporations affected or benefited thereby in proportion to the last official assessed valuation in each of said school corporations or parts thereof in said high school district. Such officials of each school corporation shall pay out of the school funds of the township the amount appor- SCHOOL LAW OF INDIANA. 157 tioned to their respective school corporations for the main- tenance of such high school and may issue notes or sell the bonds of their respective corporations for any permanent improvements in such high school or pay the same out of the special school fund in their discretion. The school corpora- tion shall assess such sum on the entire property within the school corporation or against the property of that part of the school corporation directly benefited. 216. Warrants. 5. The amounts due from any school corporation shall be paid on warrants issued by the order of the proper officials of such school corporation to the treas- urer of the board of school commissioners or board of school trustees of such city or town and such funds shall be used only for said high school purposes, and no other. 217. Withdrawal. 6'. If any school corporation shall at any time wish to withdraw from said high school district and establish a separate high school, they shall receive from the school corporations remaining in the said district an equitable amount for their interest in the property of said high school district, to be determined by a board consist- ing of the county superintendent, county auditor and county assessor. The amount thereof shall be paid to the corpora- tion and the sum shall be assessed against the remaining school corporations as other amounts are assessed. 218. Other Acts Not Repealed. 7. It is the intent of this act that its provisions shall be additional to any stat- utory provisions for the establishment and maintenance of high schools. This act shall not therefore be construed to repeal, in whole or in part, any other statute having to do with the establishment, maintenance or support of public high schools, except as herein provided. 158 SCHOOL LAW OF INDIANA. CHAPTER X. TRANSFER OF PUPILS. SEC. 219. Reasons for transfer. 220. Tuition for transferred pupila. 221. Appeal. 222. Payment of tuition. 223. Rights not abridged. 224. Settlements for transfers. 225. Transfer to school corporation of 100,000. SEC. 226. Payment of tuition. 227. Orphans' Homes Transfer of children to. 228. Payment of tuition. 229. Appeal. 230. Adjustment on tuition indebtedness 231. Special written agreements. 232. Transfer outside of state Tuition. [1901, p. 448. Approved March 11, 1901.] 219. Reasons for Transfer. 1. Whenever any child, resident in one school corporation of the state, may be better accommodated in the school of another school corporation, the school trustee, board of school trustees or commissioners of the school corporation in which such child resides shall, upon application of the parent, guardian or custodian of such child, made at any time, grant an order of transfer which shall entitle such child to attend the schools of the corporation to which such transfer is made under the con- conditions hereinafter prescribed: Provided, That in de- termining whether a child can be better accommodated in the schools of another school corporation than that in which such child resides, such matters as the proximity of the schools of the township and city to the residence of such child desiring the transfer; the kind and character of the roads to each; the means of transportation, if any, to each; the crowded conditions of the schools in either of the two school corporations shall be pertinent: And, Provided, fur- ther, That the desire to attend a commissioned or accredited [certified] high school, when no such school is maintained in the resident school corporation, or when in attending such commissioned or accredited high school the Jiving expenses can be more advantageously provided for in another school corporation, or when such commissioned or accredited high school in another school corporation is more accessible, shall SCHOOL LAW OF INDIANA 159 be deemed reasons for such transfer: And Provided, further, That the provisions of this act shall be construed as apply- ing in the same manner to resident pupils who are graduates from the eighth grade in the common schools of this state, or its equivalent, who may desire to attend a private school of the secondary rank, which, having been duly approved by the state board of education, holds the same rank as a com- missioned high school. (R. S. 1908, 6449 as amended 1909, i>. 173.) 1. The State Board of Education fixes standards to be maintained by non-commissioned and non-certified high schools so as to make the work done by such schools "count upon the courses in commissioned and certified high schools. 2. ANNUAL TRANSFER. Transfers have to be made every year ; a trans- fer for one year is not valid for the next year. 143 Ind. 84. 3. THE RIGHT OF TRANSFER. Formerly persons could be transferred at no other time than at the time enumeration was taken, and then only when the trustee was satisfied that they could be better accommodated. Edwards v. Trustee, etc., 143 Ind. 84; but now the transfer may be made at any time. 4. APPEAL. The right to be transferred is not absolute, depending upon the choice of the citizen, like the right to be attached to any school in his township. It can only be claimed if he "can be better accommo- dated" by such transfer, and the power of the trustee to make the transfer depends upon the existence of that condition. Of necessity, then, he must determine whether or not the condition exists, and act upon such deter- mination. Cut his decision is not final. Section 445 expressly provides for an appeal to the county superintendent from all decisions of the trustee relative to school matters ; and for the purpose of preventing, as far as can be, vexatious litigation, provides that the decision of the county super- intendent shall be final as to certain matters, among which is enumerated "transfers of persons for school purposes." Fogle v. Gregg, 26 Ind. 345; Edwards v. Trustee, etc., 143 Ind. 84. See section 181. 5. BETTER ACCOMMODATIONS. The right of transfer for educational purposes, provided by statute, is given only to persons who can be better luvommodated thereby. It is a personal right, and each request for trans- fer is to be considered and determined upon its merits as a separate case by the school officers; that is, can the person requesting the transfer, tak- ing all the surroundings and conditions that will exist during the coming school year into consideration, be better accommodated during such year with schooJ privileges at the schools of the school corporations to which he seeks transfer than at the schools of the school corporation in which he resides. In the deter minnti on of this question many things would be material and pertinent; the proximity of tho schools in the township and city to the residence of relator; the kind and character of the roads to each; the 160 SCHOOL LAW OF INDIANA- means of transportation, if any, to each; the crowded condition of the schools in either of the two school corporations. Edwards v. Trustee, etc., 143 Ind. 84. G. TAXES OF TRANSFERRED PERSONS. Persons now transferred are no longer taxed in the township to which they are transferred, unless they have property in that township. For a decision on the old law, see Johns v. State, 130 Ind. 522. 7. To WHAT TAXES LIABLE. Formerly a transferred person was liable to all taxes levied for school purposes in the corporation to which he was transferred, and at the same rate as resident school patrons. Johns v. State, 130 Ind. 522. 8. CONSTITUTIONAL. The provisions of the old section authorizing the taxation of the person transferred was constitutional. Kent v. Town of Kentland, 62 Ind. 201 ; Koblnson v. Schenck, 102 Ind. 307, 315. 9. MUST RECEIVE. The person transferred must be received by the school corporation to which the transfer is made. Edwards v. Trustee, etc., 143 Ind. 84. 10. REQUEST NECESSARY. Unless the person to be transferred requests it, a transfer can not be made. Edwards v. Trustee, etc., 143 Ind. 84. 11. APPEAL ON REFUSAL TO MAKE TRANSFER. The person desiring to be transferred has the right to appeal if his request be denied; and so has the corporation to which a transfer is made. The appeal must be taken within thirty days after the request is made and refusal given; or, in case of the school corporation, within thirty days after it is notified of the transfer. On appeal, the decision of the county superintendent is final. Edwards v. Trustee, etc., 143 End. 84. 12. LENGTH OF TIME OF TRANSFER. It has been rigidly held by the su- preme court that a transfer is for a full year regardless of the length of term of school in the corporation from which the transfer is made. There- fore, if a child is transferred from a corporation maintaining a six months' term to a corporation that maintains a nine months' term the said child is entitled to nine months of school as provided where transferred. 13. TRANSFER OF HIGH SCHOOL PUPILS. All pupils are entitled to a four years' high school course in a commissioned high school, and when the corporation in which the pupil lives does not maintain such a course the pupil is entitled to a transfer to a commissioned high school. 220. Tuition for transferred pupils. 2. If such transfer is granted, the school trustee, or board of school trustees, or commissioners of the school corporation in which such child resides, shall pay out of the special school fund, or out of the township fund or out of the tuition fund at his dis- cretion, to the school trustee, board of school trustees or commissioners of the school corporation to which such child is transferred, as tuition for such child, an amount equal to the annual per capita cost of education in the corpora- tion to which said child is transferred; or such a part of it SCHOOL LAW OF INDIANA. 161 as the term of enrollment of said child in the schools of the creditor corporation may require: Provided, That the per capita cost in high schools shall be calculated upon the basis of expenditures for high school purposes, and the per capita cost in grade schools shall be calculated upon the basis of expenditures for the schools below the high school: Pro- vided, That the rate of tuition per month shall not exceed four dollars in the high school, or two dollars in the grades. In calculating the per capita cost, only expenditures for the current year, not including permanent improvements and additions, shall be counted and shall be based on the fol- lowing items: Salaries of instructors (not including super- intendent's salary). Salary of janitor. Fuel and light. Printing and laboratory supplies (not including apparatus or breakage). (R. S. 1908, 6450 as amended 1909, p. 322.) 1. In determining the per capita cost, the total cost should be divided by the average monthly enrollment. 2. In small high schools where the superintendent devotes a part of his time to teaching, the contract should show the proportionate amounts paid for teaching and supervision. The tuition fund should be used in paying for teaching. The total cost for instruction should include the teaching part of superintendent's salary. 221. Appeal. 3. If an order of transfer be denied to the school corporation in which the said custodial institu- tion or orphans 7 home is located, said school corporation by its proper officer or officers may appeal the case to the coun- ty superintendent of schools of the county denying said transfer. Either school corporation by its proper officer or officers may appeal from the decision of the county superin- tendent of schools to the state superintendent of public in- struction, within sixty days, by filing a written statement of the case and serving written notice upon the other con- testing corporation. (R. S. 1908, 6451.) 1. FINAL DECISION. The county superintendent's decision is final. 2. TIME FOB APPEAL. The appeal must be taken within thirty days after refusal to make the transfer has been made by the trustee. [1127277] 162 SCHOOL LAW OF INDIANA- 222. Payment of tuition Refusal to make. 4. The in- debtedness for tuition between school corporations arising from the provisions of this act shall be due and payable February 1st and July 30th of every year. If any school trustee or board of school trustees or commissioners refuse to pay any sums claimed by another corporation as due, the creditor corporation shall make written statement of the case to the county auditor, who shall have power to hear and determine the matter. If he hold that a given sum is due the complaining corporation, he shall, in the next semi-annual distribution of school revenues, withhold such sum from the amount otherwise due the debtor corporation: Provided, That unpaid tuition claims arising between cor- porations of different counties shall be adjusted by the state superintendent of public instruction, through the ap- portionment of school revenues. (E. S 1 . 1908, 6452.) 223. Rights not abridged. 5. Nothing in this act shall be construed to abridge the right of trustees, boards of trustees or commissioners of two or more corporations to enter into written agreements to educate the transferred children of their respective corporations for a charge less than that named in section 2 of this act. (R. S. 1908, 6453.) [1907, p. 221. Approved March 9, 1907.] 224. Settlements for transfers. 1. Any school trustee, board of school trustees or commissioners of any school corporation which shall receive transfer of children from another school corporation, shall on or before the third Monday in June of each year, file with the school trus- tee, board of school trustees or commissioners of the school corporation in which such transferred child or children reside, a complete statement showing all of such transfers, giving the name of each child and the school cor- poration from which each child was received, together with a statement of the attendance of each child so transferred and the amounts due to the corporation to which such trans- fer has been made because of the same, and also a certified SCHOOL LAW OF INDIANA. 163 statement of the annual per capita cost of maintaining the school or schools which such transferred child or children attended during the year. The school trustee, board of school trustees or commissioners of the school corporation from which said child or children were transferred shall pay out of the special school fund or out of the township fund, or out of the tuition fund, of his corporation, at his discretion, to the school trustee, board of school trustees or commissioners of the school corporation to which such child or children were transferred, on or before the 1st day of August next following the receipt of the aforesaid state- ment of the amount of tuition thus due and in the event of failure to pay said tuition when due, a penalty of ten per cent, shall attach from and after the 1st day of August of the year in which such tuition is due: Provided, That the school trustee, board of school trustees or commissioners of any school corporation now indebted to any other school corporation on account of the transfer of any child or chil- dren, are hereby authorized to, and they shall pay such in- debtedness out of the special school fund now belonging to the corporation so indebted, and not otherwise appropri- ated. (R. S. 1908, 6454 as amended 1909, p. 331.) 1. NOTE. A transfer certificate is the legal evidence that a pupil has the ri.^lit to enter the schools of a corporation other than his own. It is an evidence of a legal claim of a creditor corporation against a debtor corpora- tion. It is the better practice for school authorities to insist that transfer certificates ho filed before pupils from outside corporations are received into their schools. [1901, p. 513. .Approved March 11,1901.] 225. Transfer to school corporation of 100,000. 1. Whenever a child shall be transferred for school purposes from one school district or corporation to another, the lat- ter having a population of more than 100,000, according to the last preceding United States census, in case the parent, guardian or custodian of such child is at the time, prior to August 1st, in any year, a taxpayer in the district to which the transfer is made, any tuition payable by law on account of such transfer by the corporation making it, shall be re- 164 SCHOOL LAW OF INDIANA- duced or credited to the extent of all current school taxes levied by the corporation to which the transfer is made and payable by such parent, guardian or custodian. (R. S. 1908, 6455.) 226. Payment of tuition. 2. If any parent, guardian or custodian of a child entitled by law to attend the common schools of one district school or school corporation of this state desires to have the child transferred for school pur- poses to another such school district or school corporation of this state, the latter having a population of more than 100,000, according to the last United States census, and he fails, or is unable to procure such transfer to be made, as provided by law, in such case if the child shall neverthe- less be accepted as a scholar in the common schools of such district or corporation to which the transfer was desired, any tuition for the child payable by the parent, guardian or custodian to the school corporation where the child shall be so accommodated shall be reduced or credited to the ex- tent of all current school taxes levied by the school cor- poration so accommodating the child, and payable by such parent, guardian or custodian. (R. S. 1908, 6456.) [1903, p. 15. Approved February 6. 1903. J 227. Orphans' homes Transfer of children to. 1. De- pendent children in orphans' homes or custodial institu- tions for dependent children in this state, shall be educated by the township trustee or school board of the corporation in which the custodial institution or orphans' home is lo- cated. That the board of commissioners of any county, the board of children 's guardians, township trustees, truant offi- cers, state agents, juvenile courts and other courts and per- sons authorized by law to place dependent children in cus- todial institutions of this state, shall immediately upon the placing of any child or children in any such custodial in- stitution, give notice to the school corporation from which said child came that said child has been placed in such cus- todial institution. That a transfer certificate shall be is- sued by the trustee or school board where such child has a SCHOOL LAW OF INDIANA- 165 legal settlement, for each dependent child in such custodial institution or orphans' home, and sent to the proper school officer or officers of the school corporation where said cus- todial institution or orphans' home is located: Provided, That in the event of a transfer of a child from one custodial institution or orphans ' home to another, a new transfer cer- tificate shall be issued. That each school corporation thus transferring a child or children shall be credited at the end of the school year on its transfer account to the amount of the annual per capita distribution made by the state super- intendent of public instruction when such child has been enumerated in the custodial institution or orphans' home. That account shall be kept by the custodial institution or or- phans ' home of the actual school days each child is an in- mate of said custodial institution or orphans' home, and the same reported to the proper school officer where said insti- tution is located at the end of the school year: Provided, That the report from any such custodial institution to the township trustee or the school board of the corporation in which the same is located, shall also contain the name of the school corporation in which said child has a legal settlement, the date when entering said institu- tion, when removed, and the age of said child. That each dependent child in custodial institutions or or- phans' homes in this state shall be enumerated where it is at the time the enumeration is taken, whether it be in the child's own school corporation or the school corporation where the custodial institution is located, but said enumera- tion shall not change the legal settlement of any such child. (R. S. 1908, 6458 as amended 1907, p. 310.) Since the transfer certificate is essential to enable the creditor cor- poration to establish its claim, trustees of corporations in which orphans' homes are located should insist upon having transfers before receiving such pupils into their schools. 228. Payment of tuition. 2. The school corporation in which such child has settlement shall pay out of the special school fund of said corporation to the school corporation in which said institution is located, as tuition for said child, 166 SCHOOL LAW OF INDIANA. an amount equal to the annual per capita cost of education, in the corporation to which said child is transferred, or such a part of it as the child or children are actually school resi- dents of the corporation to which they were transferred: Provided, That the rate of tuition per month shall not ex- ceed one dollar and fifty cents. In calculating the per cap- ita cost, only expenditures for current year, not including permanent improvements and additions, shall be counted. (R.S. 1908, 6459.) 229. Appeal. 3. If an order of transfer be denied to the school corporation in which the said custodial institu- tion or orphans ' home is located, said school corporation by its proper officer or officers may appeal the case to the coun- ty superintendent of schools of the county denying said transfer. Either school corporation by its proper officer or officers may appeal from the decision of the county super- intendent of schools to the state superintendent of public instruction, within sixty days, by filing a written statement of the case and serving written notice upon the other con- testing corporation. (R. S. 1908, 6460.) 230. Adjustment of tuition indebtedness. 4. The in- debtedness for tuition between school corporations arising from the provisions of this act shall be due and payable February 1st and July 30th of every year. If any school trustees or board of school trustees or commissioners refuse to pay any sums claimed by another corporation as due, the creditor corporation shall make written statement of the case to the county auditor, who shall have power to hear and determine the matter. If he hold that a given sum is due the complaining corporation, he shall, in the next semi- annual distribution of school revenues withhold such sum from the amount otherwise due the debtor corporation: Provided, That unpaid tuition claims arising between cor- porations of different counties shall be adjusted by the state superintendent of public instruction, through the appor- tionment of school revenues. (R. S. 1908, 6461.) SCHOOL LAW OF INDIANA- 167 231. Special written agreements. 5. Nothing in this act shall be construed to abridge the right of trustees, boards of trustees or commissioners of two or more corpora- tions to enter into written agreements to educate the trans- ferred children of their respective corporations for a charge less than that named in section 2 of this act, nor shall this act apply to children maintained in any institution support- ed out of the state treasury. (R, S. 1908, 6462.) [1911. p. 487. Approved March 6, 1 'll.^ 232. Transfer outside of state Tuition. 1. That when- ever the children, resident in any school corporation of the State of Indiana may be better accommodated in the schools of another school corporation or district outside of the State of Indiana but adjoining such school corporation in Indiana, then the school trustee, board of school trustees or commis- sioners of such school corporation in which such children reside, shall, upon petition of a majority of school patrons of such school corporation, grant orders of transfer to all chil- dren in such school corporation, between the ages of six and twenty-one years who may desire to attend school, to such school corporation or district outside of the State of In- diana; and for each child so transferred, such school trus- tee of each township and the trustees of each school town and school city shall pay to such foreign school corpora- tion as a tuition fee for each pupil, a sum not exceeding two dollars per month for common school education, and a sum not exceeding four dollars per month for graded high school education, payable from the special fund of such school corporation: Provided, That such transfer shall not be made if a graded high school be situated within a distance of two miles of such school corporation within the State of Indiana: Provided, further, That no transfers shall be made until a satisfactory written contract shall be executed by such school corporation and such foreign school corpo- ration or proper school authority. 168 SCHOOL LAW OF INDIANA. CHAPTER XI. SCHOOLS IN CITIES OF THE FIRST CLASS. SEC. 267. Manual training schools. 268. Teachers and instructor. 269. Tax to support schools. 270. Taxes Powers as to levy. 271 . Bonds Building and grounds fund. 272. Art association Financial aid. 273. Powers of School Commissioners. 274. Repeal. 275. Health inspection. 276. Tax levy for health inspection. 277. Trade and industrial schools. 278. Maintenance and operation. 279. Transfer Tuition. 280. Public playgrounds. 281. Custody and control . 282. Expenses Tax. 283. Teachers' pension fund Trustee. 284. Officers Duties. 285. Control of fund What constitutes. 286. Investment of funds. 287. Sinking fund. 288. Uses of fund. 289. Years of service How computed. 290. Pensioners Re-examination. 291. Service pensions. 292. Computing time. 293. Trustees By-laws. 294. Payments When refunded in part. 295. Deficiency Pro rata payments. 296. Place of payment. 297. Pensions exempt from seizure. 298. Cancellation of pensions. 299. Teacher defined. , p. 434. Approved March 4, 1899.] 233. Board of school commissioners Cities of 100,000 inhabitants. 1. The government of common schools in cities of one hundred thousand or more inhabitants, accord- ing to the last United States census, shall be vested in a board of school commissioners, which shall consist of five school commissioners. The said board of school commis- sioners shall have and exercise all the powers now con- ferred by an act of the general assembly of this state, approved March 3, 1871, entitled "an act providing for SEC. 233. Board of School Commissioners. 234. Qualifications of commissioners. 235. Nomination and election. 236. Terms. 237. Organization Treasurer. 238. Committees Salaries Rules. 239. Legislative act Director's approval. 240. Officers and teachers Examinations. 241. Business director Duties. 242. Superintendent, librarian, et al. Duties. 243. Appointment or discharge Reports. 244. Director's duties Bond. 245. Auditor of School Board. 246. Warrants. 247. Evidence of indebtedness. 248. Illegal warrant Liability. 249. Appropriation necessary. 250. Auditor's report Bond Pay. 251. Accountants. 252. Payments to Treasurer. 253. Contracts, appropriations for necessary. 254. Contracts to be in writing Supplies. 255. Bids for school house. 256. Funding indebtedness. 257. Tax levy. 258. School law in force. 259. Old School Board. 260. Limit of debt. 261. Real estate and improvement bonds. 262. Purchase of grounds and buildings. 263. Eminent domain, may exercise. 264. Removal of Commissioners. 265. Levy to pay debts. 266. Subsequent censuses. SCHOOL LAW OF INDIANA. 169 a general system of common schools in all cities of thirty thousand or more inhabitants, and for the election of a board of school commissioners for such cities, and defin- ing their duties and prescribing their powers, and pro- viding for common school libraries within such cities, " and all acts amendatory thereof, and supplemental thereto; and also all powers now conferred by law on boards of school commissioners in cities of thirty thousand or more inhabitants, according to the United States census of 1870, as well as the powers now conferred by law on boards of school commissioners in cities of one hundred thousand or more inhabitants, except as otherwise herein provided. And said board of school commissioners provided for by this act shall assume, pay and be liable for all the indebted- ness and Jiabilities of boards of school commissioners here- tofore elected under the above described acts. (R. S. 1908, 6515.) 1. STATUIE VALID. This statute is valid. Campbell v. City of Indi- anapolis, 355 Ind. 186; same case, 57 N. E. Rep. 920. 2. The act of 1871 referred to is repealed by this act. It was declared unconstitutional in Campbell vs. City of Indianapolis, cited above. 234. Qualifications of commissioners. 2. The members of such board of school commissioners shall be at least twenty-five years of age, residents of the city, and shall have been such residents for at least three years immedi- ately preceding their election. They shall be ineligible to any elective or appointive office under such board of school commissioners and under the government of such city while holding membership in said board. They shall not be in- terested in any contract with or claim against the school city in which they are elected, either directly or indirectly. If at any time after the election of any member of said board he shall become interested in any such contract with or claim against said school city he shall thereupon be dis- qualified to continue as a member of said board, and a vacancy shall thereby be created. Every member of said board shall, before assuming the duties of his office, take an oath before some one qualified to administer oaths that 170 SCHOOL LAW OF INDIANA- he possesses all of the qualifications required by this act, that he will honestly and faithfully discharge the duties of his office, that he will not, while serving as a member of such board, become interested, directly or indirectly, in any contract with or claim against said school city, and that he will not be influenced during his term of office by any consideration of politics or religion or anything except that of merit and fitness in the appointment of officers and the engagement of employes. No compensation shall be received by members of the board, but they shall be exempt from jury duty during their term of office. (R. S. 1908, 6516.) 235. Nomination and election. 3. The said board of school commissioners shall be elected, except as specified in section 4 of this act, on a general ticket for the term of four years, by the voters of said city qualified to vote at its city elections. The members of such board shall be elected at the regular city election of such civil city, and shall be taken from the city at large without reference to districts, and such election shall be held under the provisions of the general laws governing such city elections, so far as they are not inconsistent with the provisions of this act. The expense of such election, except that of printing the ballots, shall be borne by the civil city. Not later than forty days before any election for members of the board of school com- missioners, provided for in this act, householders of said city may present names of candidates for election as mem- bers of said board of school commissioners by filing the nominations in the office of the comptroller of said city in the manner following: Each candidate shall be proposed in writing by not fewer than three hundred householders of said city. No more than one candidate may be named in any one petition and no person may sign more than one petition for any one election. Upon the filing of such petitions in the office of the comptroller, as aforesaid, the comptroller shall place the same in the public files of his office and for five days, the last of which shall be not less than thirty days before the election, he shall publish the SCHOOL LAW OF INDIANA- 171 names proposed in two daily newspapers of the city, and at the time required by law shall certify such nominations to the regular board of election commissioners for said city election. Any one thus nominated may withdraw his nomi- nation by a written decimation filed with the comptroller before the certification of the same as aforesaid. The comp- troller shall not certify or publish the name of any candi- date who shall appear to be ineligible under the provisions of section 2 of this act. The election commissioners shall prepare ballots the color and quality of whose paper shall be the same as that of the regular city ballots. The ballots so prepared shall contain the names of all such candidates arranged in alphabetical order in columns according to the following method: The names of candidates for each term shall be printed in a separate column, those for the regular term in the first column and those to fill vacancies in the second column, and such names shall be printed upon the ballots in rotation in such manner, as nearly as possible, that the name of each candidate shall appear at the head of the column for his term, whether the regular or the va- cancy term, as often as that of any other such candidate shall so appear, and in the second place a like number of times, and so on. In printing the ballots, the positions of the several names shall be changed as many- times as there are candidates to be voted for. In changing the positions, the printer shall take the name at the head of the column and put it at the foot, raising the remainder of the column so that the name that was second before the change shall be first after the change. After the ballots are printed they shall be kept in separate piles, one pile for each change of position, and then gathered by taking one from each pile and placing it upon the pile to be blocked in such a way that every block of one hundred ballots (and all ballots shall be sent out in blocks of one hundred each) shall have as nearly as possible an equal number of ballots of each kind, and the name of each candidate thereon shall ap- pear severally in first, second, third and fourth place, and so on, upon the several ballots an equal number of times 172 SCHOOL LAW OF INDIANA- with each of the other candidates for the said term. There shall be nothing on the face of said ballots except as other- wise provided herein and except the names of the candi- dates and the respective terms for which they are candi- dates, together with a square in front of each name and a statement at the head of each column of the number of candidates for that term for whom the elector may vote, and that the elector shall indicate his choice by marking a cross in the square opposite the name of each candidate for whom he votes, and not elsewhere. Such ballots shall be voted at the regular city election and deposited in a sepa- rate ballot box to be provided for the purpose. Each elector may vote for as many candidates as there are members to be elected, by marking a cross in the square opposite the name of each candidate for whom he votes. No election officer, challenger, or poll book holder shall indicate to any elector offering himself to vote what he believes or under- stands to be the political affiliation of any candidate for school commissioner. The candidates, in number equal to the number of members to be chosen, for the respective terms for which they shall have been nominated, who have the highest number of votes of those cast for such term, shall be declared elected. If at any election a member is to be chosen to* fill a vacancy and to serve out an unexpired term, candidates may be chosen as above provided, but they shall in all cases be nominated or proposed for such vacancy and designated in the petition and on the ballot as candidates to fill such vacancy, and the date of the ex- piration of the unexpired term shall be stated. The vacan- cies in said board of school commissioners shall be filled temporarily by the board as soon as practicable after such vacancy occurs. Such member so chosen shall hold office until his successor be elected and qualified. His successor shall be elected at the next regular city election, when the vacancy shall be filled for the remainder of the term. Any person violating any of the provisions of this section shall be fined upon conviction in any sum not exceeding two hundred dollars. (R. S. 1908, 6517.) SCHOOL LAW OF INDIANA. 173 (As amended, 1903, p. 6, See Remester vs. Sullivan 36. App. 385.) 236. Terms, 4. At the city election occurring on the second Tuesday in October, 1899, five members of the board of school commissioners shall be elected to serve as herein provided. They shall assume office on the first day of Janu- ary, 1900, and meet at the office of the present board of school commissioners of such city at twelve o'clock, noon, and proceed to organize. Within one week after the organi- zation of the said elected board they shall meet to divide themselves by lot, in such manner as they shall determine, into two classes, as follows: The first class, consisting of three members, shall hold office through the 31st day of De- cember, 1901. The second class, consisting of two members, shall hold office through the 31st day of December, 1903. Thereafter, regular elections of members of the board of school commissioners shall occur at the regular city elec- tions, held on the second Tuesday of October of each alter- nate year. In the year 1901, and every fourth year there- after, three members shall be elected. In the year 1903, and every fourth year thereafter, two members shall be elected. (R.S. 1908, 6518.) 237. Organization Treasurer. 5. The board of school commissioners shall organize annually at their first meeting in January by choosing one of their number president and another, vice-president. The treasurer of the city shall be the treasurer of the board of school commissioners and shall receive a salary not to exceed one thousand five hundred dollars to be determined by the board of school commis- sioners. The treasurer shall make a monthly report to the board of all amounts received and expended during the month and the amount on hand to the credit of the board. He shall give bond to the approval of the board in such sum as it may determine and with not less than two freehold sureties or a surety company. (R. S. 1908, 6519. As air ended 1911, p. 528.) 238. Committees Salaries Rules. 6. All standing committees provided for by the rules of said board shall be 174 SCHOOL LAW OF INDIANA. appointed by the president within two weeks after his elec- tion. All vacancies in offices directly or indirectly under the control of the board of school commissioners shall on their occurrence be filled for the unexpired terms in the same manner as is prescribed for the regular appointment or election : Provided, That no such election to be made by di- rect vote of the board of school commissioners shall take place before the regular meeting next subsequent to that at which such vacancy is reported to said board. Subject to the limitations herein stated said board shall have power to fix salaries of all officers, agents, teachers, or other em- ployes, in the employ of the board. Such board shall adopt such schedule of salaries as it may deem proper; and, for this purpose, shall divide all teachers, principals and other employes, into classes based upon experience or responsi- bility or both and each principal, teacher, or employe in any one of such classes shall receive the same compensation given to each of the other members of the same class. It shall have power to fix the time of meetings, except that one regular meeting shall be held each month; and to make, amend and repeal by-laws and rules for its procedure and for the government and management of the schools and school property under its control. But the rules and by- laws of the board of school commissioners superseded by this act so far as they are not inconsistent with the pro- visions hereof shall remain in force and be binding upon the board of school commissioners until such time as it shall adopt new rules and by-laws to supersede them. (R. S. 1908, 6520. As amended 1911, p. 528.) 239. Legislative act Director's approval. 7. Everv legislative act of the said board shall be by written resolu- tion. Every resolution involving an expenditure of money or the approval of a contract for the payment of money, or for the purchase, sale, lease or transfer of property, or levying any tax, shall, before it takes effect, and at least five days before the next regular meeting, be presented, duly certified by the secretary, to the business director for approval. The director, if he approves such resolution. SCHOOL LAW OF INDIANA- 175 shall sign it; but if he does not approve it he shall return the same to the board at its next regular meeting, with his objections, which the board shall enter in full upon its journal, and if he does not return the same within the time above limited, it shall take effect in the same manner as if he had signed it: Provided, That the director may ap- prove or disapprove the whole, or any item or part of any such resolution. When the director refuses to sign any resolution or part thereof, and returns it to the commis- sioners with his objections, the board shall forthwith pro- ceed to reconsider it; and if the same is approved by the votes of at least three commissioners, it shall then take effect as if it had received the signature of the director, and in all such cases the votes shall be taken by yeas and nays, and entered on the records of the board. (R. S. 1908, 6521.) 240. Officers and teachers Examination. 8. The board shall have power to determine the number of assistant superintendents, supervisors, teachers and employes, and prescribe their duties and fix their compensation. The said board shall provide rules for the management and mainte- nance of the public library, and appoint an advisory com- mittee to aid in the selection of books for the same, and to advise in all other matters pertaining to the library. The board shall adopt rules for obtaining, by open competition and without regard to religious or political beliefs, eligible lists from which all teachers and all other employes, ex- cept the superintendent, the assistant superintendent, the principal of the normal school, the supervisors, and the principals of the high schools, shall be elected with regard, exclusively, to fitness. (E. S. 1908, 6522.) 241. Business Director Duties. 9. At their first regu- lar meeting in April, 1913, and each four years thereafter the commissioners shall elect a superintendent of schools, a business director, a secretary, a librarian and a superintend- ent of buildings and grounds who shall serve for four years from the date of their election and shall be removable at 176 SCHOOL LAW OF INDIANA. any time by a vote of -three members of said board of school commissioners. The business director shall be the executive officer of the board. He shall execute for the board of school commissioners in the name of the school city its contracts and obligations, except that bonds issued shall be signed by the president and attested by the secretary ; he shall see that all contracts made by or with the board shall be fully and faithfully performed; he shall have the care and cus- tody of all property of the school board not otherwise speci- fied and provided for; he shall purchase all supplies subject to the rules of the board or the provisions of this act; and generally shall execute and carry into effect all matters and things authority for which shall have previously been granted by the board as herein provided. (E. S. 1908, 6523. As amended 1911, p. 528.) 242. Superintendent, Librarian, et al. Duties. 10. The superintendent of schools shall have the power to appoint and discharge all principals, supervisors, assistants and teachers authorized by the board subject to the limitations of this act stated and shall report to the board annually and oftener if required as to all matters under his supervision: Provided, That the board of school commissioners shall ap- prove of the appointment of assistants, principals, super- visors and teachers unless four of such members disapprove of the same. He may be required by the board to attend any or all of its meetings and may take part in the delibera- tions but shall not vote. He shall select and report to the board all charts, maps, text-books and apparatus to be used in the schools of the said city except the high schools, nor- mal and manual training schools, conforming however so far as may be to the provisions of the general law of the State of Indiana, governing school books. In like manner he shall report to the board all text-books, maps, charts and appa- ratus to be used in the high schools, normal and manual training schools, which charts, maps, text-books and appa- ratus shall have first been selected by a committee consist- ing of said superintendent of the schools, the principal of the high schools, the principal of the normal school, the prin- SCHOOL LAW OF INDIANA. * 177 cipal of the manual training school and the head of each de- partment in which such maps, charts, text-books or appa- ratus is to be used. The librarian shall have charge of all libraries under control of the school board and shall recom- mend to the board for purchase, after the approval of the library advisory committee, all books, maps and charts, and such other things as are necessary for the equipment and maintenance of the libraries. The librarian shall employ and discharge all assistant librarians and other employes employed in and around such library buildings subject to the limitations of this act stated and not otherwise provided for, and shall report monthly and annually and oftener if required as to all matters under the supervision of such of- fice. The secretary of the board shall keep all records and documents belonging to the school board and shall attend each meeting of the board and transcribe a true record of all its proceedings and report upon all things coming under the supervision of his office. He shall receive a salary not to exceed two thousand five hundred dollars per year to be fixed by the board of school commissioners. The superin- tendent of buildings and grounds shall be either a sanitary engineer or shall be skilled in and previously engaged in the business of heating, drainage and ventilation. He shall take personal supervision of all heating, ventilation, plumbing and drainage of all school, library and other buildings owned or used by the board of school commissioners either in use, or in the course of erection or to be hereafter erected by the board. He shall see that each janitor, custodian or engineer or other person employed in like capacity in or about such buildings shall be properly instructed in the care of such boilers, furnaces, pipes, electric wires, ventilators and other similar things as may fall under their charge. He shall appoint and discharge all engineers, janitors or other persons employed in or about such buildings subject to the limitations of this act stated and not otherwise provided for. He shall report monthly, annually and oftener if required by the board concerning the things under supervision of his of- [1227277] 378 SCHOOL LAW OF INDIANA. fice. He shall receive a salary not to exceed $2,000 per an- num to be fixed by the board of school commissioners. All other employes of the school board shall be appointed by the business director subject to the limitations of this act stated. He shall report to the board monthly, annually or oftener as required by the board concerning the things un- der the supervision of his office. He shall attend all meet- ings of the board and may take part in the deliberations sub- ject to the rules but shall not vote. A majority of the entire board shall be necessary to elect or remove any officer elect- ed by the board of school commissioners as herein provided, and the officer so removed shall not be eligible for re-election in any capacity for two years. The superintendent of schools, the business director, the secretary, the librarian and the superintendent of buildings and grounds shall take oaths similar to the oath herein prescribed for school com- missioners in so far as is applicable, before taking office (R, S. 1908, 6524. As amended 1911, p. 528.) 243. Appointment or Discharge Reports. 11. All ap- pointments or discharges of assistant superintendents, prin- cipals, supervisors, teachers, librarians, janitors, or any other employe of the chool board shall be reported at the meeting of the board next succeeding the date of such dis- charge by the officer making such discharge and shall be subject to the approval of a majority of the board. In case any employe of the board shall file in writing a request with the secretary for a hearing by the board of charges brought against him by any officer or employe or other person, op- portunity shall be given for appeal to the board before final action is taken, provided such application for appeal is presented at the same meeting that notice of charges or dis- missal has been made. In such case the board shall consider the appeal not later than the next regular meeting at which notice of appeal was filed. Any such discharge shall oper- ate as a suspension only, until approved by the board. (R. S. 1908, 6525. As amended 1911, p. 528.) SCHOOL LAW OF INDIANA- 179 244. Director's duties Bond. 12. The business di- rector shall devote his entire time to the duties of his office, and shall receive an annual salary not to exceed three thou- sand dollars, to be fixed by the board, payable monthly out of the fund of the school city ; and before entering upon the discharge of the duties of his office he shall give a bond for the faithful performance thereof in the sum of ten thou- sand dollars, with not fewer than two sureties, or a surety company, to be approved by the board, which bond shall be deposited with the secretary within ten days from date of election, and preserved by him. (R. S. 1908, 6526.) 245. Auditor of school board. 13. The city comptroller shall be the auditor of the board of school commissioners of such school city. He shall keep an accurate account of all taxes levied for school purposes, and of all moneys due to, received and distributed by the board ; also of all assets and liabilities of, and all appropriations made by the school board, and shall receive and preserve all vouchers for pay- ments and disbursements made by the board. (R. S. 1908. 6527.) 246. Warrants. 14. The auditor of the board shall issue all warrants for the payment of money from the school funds, but no warrant shall be issued for the payment of any claim until such claim has been allowed by the board and approved in writing by the business director ; but when the board has authorized the payment of money, notwith- standing his veto, the business director shall approve the same. The pay-roll, however, for assistants, principals and supervisors in the school work and teachers, shall be allowed by the board and approved by the superintendent of schools instead of by the director. (R. S. 1908, 6528.) 2477 Evidence of indebtedness. 15. Whenever the audi- tor of said board shall be called upon to issue any warrant, he shall have power to require evidence that the amount claimed is justly due and is in conformity with the law, and for that purpose he may summon before him any officer, 180 SCHOOL LAW OF INDIANA. agent or employe of the board, or any other person, and examine him on oath or affirmation relative thereto, which oath or affirmation he may administer, (R. S. 1908, 6529.) 248. Illegal warrant Liability. 16. If the auditor of said board shall draw a warrant for any claim contrary to law, he and his sureties shall be individually liable for the amount of the same. (R. S. 1908, 6530.) 249. Appropriation necessary. 17. No money shall be drawn from the treasury except in pursuance of appropria- tions made by the board upon an aye and nay vote duly recorded, and whenever an appropriation is made by the board the secretary shall forthwith give notice thereof to the auditor and treasurer. No appropriation shall be made for a longer period than to the end of the current year end- ing June 30, and at the end of such year all the unexpended balances of all appropriations, except from the tuition fund, shall be covered into the special school fund as an addition thereto. (R. S. 1908, 6531.) 250. Auditor's reports-Bond Pay. 18. The auditor shall submit to the commissioners annually, and oftener if required by them, a report of the accounts of the board, verified by his oath, exhibiting the revenues, receipts, dis- bursements, assets and liabilities, the sources from which the revenues and funds are derived, and in what manner the same have been disbursed. He shall give bond for the faithful discharge of his duties in the sum of five thousand dollars ($5,000), with not fewer than two sureties, or a surety company, to the approval of the commissioners, which bond shall be filed with the secretary. The auditor of the said board shall receive no compensation for his services as auditor, but the board shall provide for the ap- pointment of such assistants for such auditor as it shall deem necessary and fix their compensation, which shall be paid monthly out of the school funds; but such assistants shall be appointed by the auditor. The time of such assist- ant or assistants shall be at the command of the board to SCHOOL LAW OF INDIANA. 181 render such services in addition to those already prescribed by law as the board shall require. (E. S. 1908, 6532. As amended 1905, p. 155.) 251. Accountants. 19. At the close of each year ending June 30, the mayor of such city shall appoint one or more expert accountants, who shall examine the books, accounts and vouchers of the director, the treasurer and of all other departments of expenditure of said board and of the libra- rian provided for herein, and shall make report thereof to the mayor and to the board of school commissioners of said city. All the officers and employes of said board shall produce and submit to such accountants for examination all books, papers, documents, vouchers and accounts in their offices belonging to the same or thereto pertaining, and shall in every way assist said accountants in their work. In the report to be made by said accountants, they may make any recommendations they deem proper as to the business methods of such officers and employes. A rea- sonable compensation for such services shall be paid by said board, (R. S. 1908, 6533.) 252. Payments to treasurer. 20. All money payable to the board shall be paid to the treasurer and his receipt for the same shall be filed with the auditor of said board, who shall issue his quietus therefor, which alone shall be suffi- cient evidence of such payment. No person except the treasurer shall collect or receive any moneys payable to the board and any payments made, except to such treas- urer, and any receipt given therefor by any other person shall be void as against the board. (R. S. 1908, 6534.) 253. Contracts, appropriation for necessary. 21. No contract, agreement or obligation shall be binding upon the board unless an appropriation therefor shall have been first made by it. It shall be unlawful for any commissioner or officer chosen by the board of school commissioners in any manner, directly or indirectly, to profit by or be inter- ested in any contract of said board, and any person con- 182 SCHOOL LAW OF INDIANA. victed of a violation of this section shall be fined in any sum not less than one hundred nor more than one thousand dollars and expelled from office. (11-. S. 1908, 6535.) 254. Contracts to be in writing Supplies. .22. All con- tracts involving more than two hundred dollars ($200.00) in amount shall be in writing, executed in the name of the school city, by the business director and approved by the board. When money therefor has been appropriated by the commissioners, the business director may make con- tracts and purchases not exceeding two hundred dollars ($200.00) in amount at any one time, but all such contracts shall be reported at its next regular meeting to the board, and if disapproved by a four-fifths vote of said board at its succeeding regular meeting, such director shall be re- sponsible therefor upon his bond. No purchase of sup- plies or of materials of any kind shall be made from any one person, firm or corporation in any year to the amount in the aggregate of more than two hundred dollars ($200), except upon bids duly advertised for and accepted. The board shall determine the mode and manner of advertising for bids for supplies. (R. S. 1908, 6536.) . 255. Bids for school house. 23. When the board deter- mines to build or enlarge a school house, or make any im- provements or repairs thereon,* the cost of which shall ex- ceed five hundred dollars ($500), the business director shall advertise weekly for bids for a period of three weeks, beginning at least twenty-one days before the opening of the bids. The advertisement shall be inserted in two news- papers of general circulation in the city, and shall be en- tered in full in the records of the board. The bids duly sealed shall be presented to the board at the time fixed in the advertisement for bids, at which time the board shall meet, and none shall be received after that hour, and they shall immediately be opened by the business director, be publicly read by the secretary and be immediately there- after entered in full in the records of the board. The board shall provide by general rules the conditions of all bids, SCHOOL LAW OF INDIANA. 183 but none but the lowest responsible bids shall ever be ac- cepted. The business director may, at his discretion, reject all bids, and whenever there is any reason to suspect col- lusion, the bids of all concerned therein shall be rejected. If the amount of the expenditure does not exceed two thou- sand five hundred dollars ($2,500), two weeks' notice shall be sufficient. (R. S. 1908, 6537. As amended 1905, p. 155.) 256. Funding indebtedness. 24. The board of school commissioners of any such city in which an indebtedness exists at the time of the passage of this act of eight hun- dred thousand dollars ($800,000) or more, is hereby au- thorized and empowered to fund such indebtedness to the extent of eight hundred thousand dollars, and for that pur- pose said board of school commissioners is hereby author- ized and empowered to issue and sell its bonds in such sums and denominations as such board may deem advisable, to realize moneys with which to pay such existing indebted- ness ; such bonds to bear interest at not exceeding the rate of four per cent, per annum, payable semi-annually, to be sold for not less than their par value, and to run for a term of not exceeding thirty years from January 1, 1902. The maturing of such bonds shall be so arranged that there shall mature in each of the ten years, commencing with the year 1902, at least the sum of twenty-five thousand dollars, and in each of the next ten years the sum of thirty thousand dollars, and in each of the next ten years the sum of thirty- five thousand dollars of the principal of the debt of said school corporation, including in such debt not only such bonded indebtedness, but also any other indebtedness of such school corporation which may be in existence when this act is passed. Such bonds may be issued from time to time as the maturity of the present indebtedness may re- quire : Provided, That not more than eight hundred thou- sand dollars of such bonds in the aggregate shall be issued, or, if the board of school commissioners shall so determine, such bonds may all be sold at one time with the contract upon the part of the purchasers to furnish at stated fut- ure times so much of the proceeds thereof as may be de- 184 SCHOOL LAW OF INDIANA. sired to take up obligations rot then due. fto bonds shall be delivered until the money therefor is paid to the treas- urer of said school corporation, and interest shall not be- gin to accrue until such delivery. The board of school commissioners shall, preparatory to offering such bonds for sale, give notice for not less than four weeks prior to the date fixed for such sale, together with a description of such bonds and such offer, and invite bids therefor; such notice to be given by advertisement twice each week in at least one daily newspaper published in the city of Indianapolis and in one newspaper published in the city of New York, and by such other advertisements as the board may determine upon. Such board shall sell such bonds to the highest and best bidder: Provided, Said board shall have the right to reject any and all bids. The proceeds arising* from the sale of such bonds shall be used for no other purpose than the payment of such present in- debtedness, and no more bonds shall be issued than is nec- essary for that purpose. (K, S. 1908, 6538.) 257. Tax levy. 25. The board of school commissioners in any such city is hereby authorized and empowered to levy annually, in addition to other taxes authorized by law, a special tax of not exceeding five cents on each one hun- dred dollars of taxable property in the city for the pur- chase of real estate and the erection and improvement of school buildings. The proceeds of such tax shall be segre- gated from other funds of the board, and a separate ac- count of the same shall be kept, and shall not be used for any other purpose than the purchase of real estate and the erection and improvement of buildings for school uses. The said board is hereby authorized to levy annually, in addi- tion to all other taxes authorized by law, and as an addi- tion to its special fund, twenty-seven cents on each one hun- dred dollars of taxable property in the city, which levy shall within such limit be large enough to insure the payment of all interest to accrue on the real estate and improvement bonds to be issued under the provisions of the said act, to which this is an amendment and to keep school property in SCHOOL LAW OF INDIANA. 185 repair. Out of the Last above levy by this section author- ized provision shall be made for the payment in cash from year to year and the final retirement of such maturing in- debtedness and the payment of such interest charges as are not payable out of other funds of such board and are not properly chargeable to any such other fund: Provided, That the aggregate sum levied by such board for all pur- poses shall not exceed in any one year sixty-seven cents on each one hundred dollars of taxable property in said city, and said sum of sixty-seven cents shall include all sums to be levied by said board in pursuance of any other existing law on account of free kindergartens, compulsory educa- tion, or any other purpose. (R. S. 1908, 6539. As amended 1907, p. 257.) 258. School law in force. 26. The general school laws of this state and all laws and parts of laws applicable to the general system of common schools in such school city and not inconsistent herewith, shall be in full force and effect in such city. (R. S. 1908, 6540.) 259. Old school board. 27. The existing board of school commissioners in any city coming within this act shall con- tinue in office until January first, 1900, and any such exist- ing board shall until then exercise all the powers which it now possesses under the legal limitations now existing, and in addition thereto it shall have power to make the addi- tional levies herein authorized and to issue bonds as herein provided. When the board herein provided for shall have been elected and qualified, the possession, control and man- agement of all property, real and personal, including all moneys, books, records, papers and documents, and all rights and claims of every kind and nature then held by the board of school commissioners of such city, or by other school authorities, shall vest in and be transferred to the board of school commissioners hereby created without other transfer, to the same extent and with as full interest as the same had been theretofore held by the existing board of school commissioners or other school authorities ; and all 186 SCHOOL LAW OF INDIANA. valid indebtedness and obligations of the existing board of school commissioners, or of such school city, shall be paid by the respective boards of school commissioners hereby created, and said boards of school commissioners are hereby authorized to maintain and defend all suits in the name of the school city for which they may be elected. (E. S 1908, 6541.) 260. Limit of debt. 28. The said board of school com- missioners shall not have the power to create any debt other than funding obligations, and the real estate and im- provement bonds provided for by this act and by the other sections of the act 'which it amends, in excess of the sum of twenty-five thousand dollars in the aggregate, save as pro- vided in section 29 of the act which this act amends and except that it shall be liable upon its lawful contracts for the ordinary current expenses of its schools and library to the persons rendering services and furnishing materials therefor, when contracts are entered into as herein pro- vided in accordance with the law, but said board shall not have any power to borrow money to pay such obligations so as to create a debt in excess of said twenty-five thousand dollars to others than to such persons so rendering services or furnishing materials, and any contract or obligation that may be issued in contravention of the provisions of this section shall be void. Obligations to persons rendering services or furnishing materials to said board of school commissioners in the current conduct of such schools and library will not be considered as a part of the twenty-five thousand dollars of indebtedness above authorized. (E. S. 1908, 6542. As amended 1903, p. 45.) [1903. p. 5. Approved January 29, 1903.] 261. Real estate and improvement bonds. Section 4. The board of school commissioners in any city having a population of more than one hundred thousand (100,000) according to the last preceding United States census is here- by authorized and empowered to issue and sell bonds of such school city in such amounts and denomination as such SCHOOL LAW OF INDIANA. 187 (school) board may deem advisable to realize money for school uses with which to purchase real estate, erect build- ings, and equip buildings for lighting, heating and sanita- tion. Such bonds shall be known as school real estate and improvement bonds. They shall bear interest at a rate not exceeding four per cent, per annum payable semi-annually; shall l:e sold at not less than par and shall mature as nearly as may be at the rate of fifty thousand dollars ($50,000) per year, commencing to mature on the first day of July thirty- two years from the year of the issue of the first bonds issued under the authority conferred by this section. Such bonds may be issued from time to time as the needs of the schools of such cities shall require: Providing, That no bonds shall be issued in any one calendar year in excess of the bonded indebtedness which said board of school commissioners shall retire by payment during the same calendar year. No bonds shall be delivered until the money therefor is paid to the treasurer of said board and interest shall not begin to accrue until such delivery. Preparatory to offering such bonds for sale the board of school commissioners shall give notice of not less than three weeks of the date fixed for the sale of such bonds with the description thereof and of such offer and inviting bids therefor, such notice to be given by advertisement each week in at least one newspaper pub- lished in the city of Indianapolis and one newspaper pub- lished in the city of New York and such other advertise- ments as the board may make. Such board shall sell such bonds to the highest and best bidder, reserving the right, however, to reject any and all bids. The proceeds arising from such sale shall be used for no other such purpose than the purchase of real estate and the erection of buildings, improvements, alterations and repairs upon the real estate of such school city. (R. S. 1908, 6548. As amended 1907, p. 257.) 262. Purchase of grounds and buildings. 29. Said board of school commissioners may, notwithstanding the provisions of the above section 28, in the manner author- ized by law, make contracts for the purchase of grounds for 188 SCHOOL LAW OF INDIANA- school buildings and for the erection of new school build- ings, and give its obligations therefor or for the money to pay for the same: Provided, That the amount of such obli- gations outstanding at any time shall not exceed five cents on the one hundred dollars of all the taxable property of said city as ascertained by the last preceding assessment, and any such contract or obligation which would cause the aggregate of the outsanding obligations or contracts for such purpose to exceed the limits above specified, shall as to such excess be void. In estimating the amount of such obligations, those obligations which shall be in force at the time this law shall go into effect, or the funding re- newals thereof, shall not be taken into consideration. (K. S. 1908, 6543.) 263. Eminent domain, may exercise. 30. In case the compensation to be paid for the purchase of any real estate required by said board for its said school city can not be agreed upon or determined between said board of school commissioners and the parties interested in the land desired for school sites, then the board of school commissioners shall have the power of eminent domain, and it shall be its duty to proceed to have such compensation determined, and acquire title thereto in the manner provided for by sections 4517, 4518 and 4519 of the revised statutes of 1881. (R. S. 1908, 6544.) 264. Removal of commissioner. 31. Any member of the board of school commissioners may be removed upon petition of ten residents of said city to the superior or cir- cuit court of said county in which said city is located, upon proof of either official misconduct in office or negligence of official duties, or of conduct in any manner connected with his official duties or otherwise which attaches discredit to such office or the school system, or for mental or physical inability to perform his duty as such member, but before such removal he shall receive five days' notice of the filing of such charges, together with a copy thereof. Such hear- ing shall be had promptly and without the formation of any SCHOOL LAW OF INDIANA. 189 issues thereon, but said charges shall be regarded as de- nied. (R. S. 1908, 6545.) 265. Levy to pay debts. 32. It shall be the duty of said board of school commissioners at the regular time for mak- ing the levy of taxes to make a special levy of an amount sufficient to realize the sum by this act required to be paid upon the principal of its indebtedness during the ensuing year, and the proceeds of such levy shall be applied to no other purpose than the payment of such indebtedness. This levy shall be made as a part of the levy now authorized by law, and this section shall not permit the levy of any addi- tional tax over and above those which said board would otherwise be authorized to levy. (R. S. 1908, 6546.) 266. Subsequent censuses. 33. Whenever any city which has not now sufficient population to bring it within the purview of this act shall, according to any United States census hereafter taken, have a population of more than one hundred thousand people, an election of the board of school commissioners shall be held at the next general city election following the year in which such census shall be taken. Such election to be held in accordance with the provisions of this act, and this act shall then in all respects apply to and govern such city from thenceforward. (R. S. 1908, 6547.) [1891, p. 348. Approved March 7, 1891. J 267. Manual training schools. 1. In all cities of the state of Indiana having a population of one hundred thou- sand or over, as shown by any census taken, by lawful authority, it shall be lawful for the board of school commis- sioners, or other school authorities having charge and man- agement of the common schools of said city, to establish in connection with and as part of the system of common schools therein, a system of industrial or manual training and education, wherein shall be taught the practical use of tools and mechanical implements, the elementary principles of mechanical construction and mechanical drawing. (R. S. 1908, 6550.) 190 SCHOOL LAW OF INDIANA. 268. Teachers and instruction. 2. Such board of school commissioners, or other school authorities, upon establish- ing such system of manual or industrial training and edu- cation, shall employ competent instruction in the various subjects to be taught, and establish such general rules and regulations for the admission of pupils and the conduct of the schools wherein the same shall be taught as in their judgment will produce the best results, and give instruction to the largest number of pupils practicable. They may pro- vide for such instruction in separate rooms, or separate buildings, as in their judgment may be most advantageous. (R. S. 1908, 6551.) 269. Tax to support schools. 3. Any such board of school commissioners or other school authorities, having decided to establish such system of industrial or manual training, shall have authority, in addition to all other taxes now authorized to be levied, to levy a tax of not exceeding five cents on each one hundred dollars of property liable for taxation for school purposes, to be levied and collected as other taxes for school purposes are levied and collected, for the purpose of purchasing grounds and erecting build- ings, or for renting buildings wherein such instruction shall be given, the purchase of all necessary tools, implements and apparatus, and for the payment of instructors and other expenses incident to the maintenance thereof: Pro- vided, That no portion of the taxes so levied and collected shall be applied to any other purpose. (R. S'. 1908, 6552.) [1909, p. 91. Approved March 1, 1909.1 NOTE. Section 1 legalizes proceedings under acts prior to the act of 1899. 270. Taxes Powers as to levy. Section 2. Each board of school commissioners in each city of more than one hun- dred thousand inhabitants, as designated in section one of this act, shall have, as respects the levy of taxes by it, the following powers: To levy annually the following amounts on each one hun- dred dollars of all taxable property within the civil city in which such school city is located, viz.: SCHOOL LAW OF INDIANA- 191 A sum not exceeding four (4) cents, the proceeds of which levy shall he known as the "Library Fund/' which fund shall be used for establishing, maintaining and sup- porting free libraries in connection with the common schools of such school city, and in paying any valid liabilities of said school city, incurred for any or all of said library pur- poses, but no part of said fund shall be diverted from library uses; and unless said board of school commissioners shall have otherwise provided, in any year, funds to meet the principal and interest as they mature of any "library build- ing bonds," issued in pursuance of said act of February 26, 1891 (Session Laws of 1891, page 35), whose title is quoted .in the preamble of the [this] act, or to the extent the said board shall have failed so otherwise to provide funds, the payment of said principal and interest shall be a first charge on the proceeds of such library tax, and the duty of the said board to annually levy so much of said four (4) cents as shall be so found necessary for that purpose is hereby made mandatory: A sum not exceeding five (5) cents, the proceeds of which shall be known as the "manual training fund," which fund shall be used for establishing, maintaining and supporting manual training or vocational schools, or both, or manual training or vocational instruction, or both, in the schools or high schools of such school city to the extent, and in such of said schools, as may be deemed wise, and shall be used in paying any valid lawful liabilities of said school city in- curred for any or all of said purposes, but no part of said fund shall be diverted from such uses; and unless said board of school commissioners shall have otherwise, in any year, provided funds to meet the principal and interest, as they mature, of any bonds or obligations of said school city ex- ecuted and issued under color of law, for the purchase of grounds or the erection of buildings in establishing or car- rying on manual training, or to the extent said board shall have failed so otherwise to provide such funds, the payment of such principal and interest shall be a first charge on the proceeds of such manual training tax, and the duty of the 192 SCHOOL LAW OF INDIANA. board annually to levy so much of said five (5) cents as shall be so found necessary for that purpose is hereby made mandatory: . A sum not exceeding one (1) cent, the proceeds of which levy shall be known as the ' t kindergarten fund, ' ' which tax shall be levied and the proceeds thereof applied only as pro- vided by the statute of the State of Indiana, approved March 6, 1901 (Session Laws of 1901, page 123), authorizing the levy of such tax and providing for the application of the proceeds thereof: A sum not exceeding five (5) cents, the proceeds of which shall be known as the "building and grounds fund," which fund shall be used for the purchase of grounds and the erec- tion, alteration and repair of buildings for the use of the school city in carrying on any part or parts of its lawful school and library work : A sum not exceeding one (1) cent, the proceeds of which shall be known as the ' ' teachers ' pension fund, ' ' and which shall be credited by the treasurer of said school city to the trustees of the teachers' pension fund and shall be used only for the purposes expressed in the statute of this state, ap- proved March 9, 1907 (Session Laws of 1907, page 268), concerning pensions for aged, infirm, disabled, diseased, or retired teachers, in such cities of one hundred thousand or more inhabitants. And the duty of said board of school commissioners to levy annually said tax in the sum of one (1) cent on each one hundred dollars of such taxables is hereby made mandatory: A sum not exceeding fifty-one (51) cents, the proceeds of which shall be known as the "special fund," from which fund shall be appropriated by the said board annually or oftener if need be, a sum sufficient to meet all interest charges and installments of principal, as they mature, of all of the debts, liabilities and obligations of the said school city for whatsoever purpose contracted to the extent such interest and principal, so maturing, have not been provided for by said board by appropriations from the other funds under its control, as above mentioned, which principal and SCHOOL LAW OF INDIANA- 193 interest so maturing, so to be provided for out of said spe- cial fund, shall be a first charge upon said fund; and said board is hereby authorized to appropriate and use the re- mainder of said fund for any common school, library or other purpose or work, lawfully within the control or man- agement of said board of school commissioners. The aggregate sum levied by any such board of school commissioners in any one year shall not exceed sixty-seven (67) cents on each one hundred dollars of taxable property in said city; the taxes authorized by this section two to be levied by any board of [school] commissioners shall be the only taxes it may levy, and from the proceeds of said fifty- one (51) cent tax or from such part thereof as any said board may levy, said board shall provide for carrying out in said city the so-called "compulsory education" statutes without a separate levy for that purpose. 271. Bonds Building and grounds fund. Section 3. If any such school city, as is designated in section one of this act, shall find, and its board of school commissioners, by resolution duly adopted and spread upon its minutes, shall declare that said levy of five (5) cents to produce a "build- ing and grounds fund, ' ' as mentioned in section two of this act, was duly made by it in the preceding year, but that the proceeds thereof, to become payable and to be collected for the use of said school city during the calendar year in which such resolution shall be adopted, will be insufficient to meet the necessary expenditures, during the said last named cal- endar year, of said school city for the purchase of grounds, and the erection, alteration and repair of buildings, as men- tioned in section two of this act, where the power to levy said five (5) cents is given, and shall declare the estimated amount of the proceeds of said levy so to be received during that year and shall declare the amount of such deficit, then and in such event it shall be lawful for said school city to borrow money and issue the bonds of said school city to the amount of such deficit, but not in principal greater than the [1327277] 194 SCHOOL LAW OF INDIANA. sum of seventy-five thousand dollars in any one year. Such bonds shall be known as "school real estate and improve- ment bonds. " They shall bear interest at a rate not exceed- ing four (4) per cent, per annum, interest payable semi- annual! y, shall be sold at not less than par and shall mature, as nearly as may be, at the rate of fifty thousand ($50,000) dollars a year, commencing to mature on the first day of July, thirty years after [the] year in which they are issued. No bond so to be issued shall be delivered until the price therefor shall be paid to the treasurer of said school city, and no interest shall accrue thereon before such delivery. Such bonds shall be payable to bearer and shall be of the general form usual in municipal bonds. Preparatory to offering such bonds for sale the board of school commission- ers shall give notice for not less than three (3) weeks of the date fixed for the sale of such bonds witlj a description thereof and of proposals therefor and inviting bids therefor; such notice shall be given by advertisement by one insertion in at least one newspaper published in the city of Indian- apolis, and one insertion in at least one newspaper pub- lished in the city of New York, and such other advertise- ments as the board may make. The board shall sell the bonds to the highest and best bidder and shall reserve the right to reject any or all bids. The proceeds arising from such sale shall be used for no purpose other than the pur- chase of real estate and the erection of buildings and im- provements and the alteration and repair of buildings and improvements upon real estate of such school city. If it should transpire that any part of such proceeds of sale has not been used during the calendar year in which such bonds were sold such unused part shall be held as a separate fund to be used in a subsequent year and to be used only for such purposes. To the extent such a surplus shall exist the power hereby given to issue bonds shall be diminished by the amount of such surplus, so long as it shall remain unused, Any such school board which shall exercise the power given by this section three by issuing bonds shall not issue any other bonds of any kind during any calendar year in which it shall so issue bonds under the power given by this act. SCHOOL LAW OF INDIANA- 195 272. Art association Financial aid. Section 4. In any school city in this state, such as is designated in section one of this act, where there is, or hereafter shall be, an art asso- ciation which owns buildings, grounds, works of art and other equipment, for the study of art, located in said city, and in which more than two hundred thousand dollars shall have been invested, and which association shall cause to be made and continued as members of its governing board of. directors, trustees or other managing body, the superintend- ent of schools of said school city, its director of art instruc- tions, if any there be, and two other persons to be nominated by the board of school commissioners, and which associa- tion shall give free admission, at reasonable times, to its museum and art galleries to all teachers and pupils of the public, private and parochial schools in said city, and which shall provide free illustrated lectures, on some art or kin- dred subject, throughout the public school year of said city not less frequently than one lecture a week for school chil- dren, the same to be given at its museum or in a public sch'ool; and which shall at half the rates established in other cities for similar service provide instruction in the teaching of drawing and design for all teachers in said city nomi- nated by the superintendent of schools of said city, and which shall provide throughout such school year free for not fewer than fifty pupils to be nominated on competitive examination by said superintendent of schools advanced in- struction in drawing and in such applied arts as it teaches, it shall be the duty of said board of school commissioners so long as such art association continues to do and perform all said things, or is able and ready and willing to do and perform them, to avail itself thereof for the benefit of the school children and teachers in said city, and to pay such art association annually in quarterly installments from the special fund of said school city a sum equal to one-half cent on each one hundred dollars of the taxables of said city as valued on the tax duplicates for the year next before the date of each such payment; and said board of school com- missioners may co-operate with such association in further improving or enlarging the instruction in drawing and in 196 SCHOOL LAW OF INDIANA- manual and industrial training in the public schools and, to those ends, may accept contributions of money or serv- ices or equipment from such association on such conditions as in the judgment of said board of school commissioners may benefit the public schools, provided that such co-opera- tion and the acceptance of such contributions do not involve a total expenditure by said board from its own funds ex- ceeding, in any one year, a sum equal to one-half cent on each one hundred dollars of the taxables of said city as valued on the tax duplicate made in the year 1908; but the right is hereby reserved to the state to repeal, alter or amend, at the pleasure of the legislature, this section and all the rights and powers it gives. This section was declared unconstitutional in Bullock vs. Robison, 93 N. E. 998. [Acts 1911, p. 356. Approved March 4, 1911 ] 272a. Art association contract Cities of first class. 1. In all cities of this state of more than 100,000 population, according to the last preceding United States census, the board of school commissioners thereof be and is hereby au- thorized, when in its judgment the school children and teachers of said city would benefit thereby, to contract with any well established and well equipped art association of such city, corporate or unincorporated, for admission to its museum and galleries and for instruction, by lectures, ex- hibits or otherwise, as the contracting parties may agree, of the school children and teachers of such city, in fine and applied arts. The price to be paid for such admission, in- struction and facilities shall be the reasonable worth there- of, in the judgment of said board, but not more than $10,0'00 in any calendar year. Such contracts shall be operative for terms of not more than four years each. 272b. 2. Whenever any board of school commissioners in any city of the State of Indiana having a population of more than 100,000, according to the last preceding United States census, has heretofore, in good faith, paid into any art association of said city, any sum or sums of money, un- SCHOOL LAW OF INDIANA. 197 der the terms of any enactment of the General Assembly then supposed to be valid, and which, after such payment, has been held invalid by the supreme court of Indiana, and such art association has rendered the services required by such enactment, all such payments are hereby validated. [1909, p. 91. Approved March 1, 1909.J 273. Powers of school commissioners. 5. The board of school commissioners in each such city, as is designated in section one of this act, shall have all the powers and duties of such boards as are conferred by existing statutes which are consistent with the provisions of sections one to four, both inclusive, of this act and shall have power: To establish, own and conduct, in connection with the common school system of its school city, free public libraries and branches thereof and to own and acquire real estate for such libraries and branches in all of the ways provided by law for the acquisition by it and owning of real estate for school purposes: To examine, by its superintendent, or by a person selected by him, all persons applying for positions as teachers in its schools and to issue to such of them as may be found to be qualified a license to teach in the common schools of said city: To acquire by purchase, devise, gift or lease, or by condemnation, grounds; construct or lease build- ings for school, library and school administration and office purposes; employ and pay superintendents, teachers, libra- rians and all other employes needed in any branch of the work committed to said board of school commissioners and to disburse, according to law, all moneys of said school city for all lawful school, library and other school city purposes: To have and exercise in such s,chool city full and exclusive authority concerning the conduct and management of all common schools and public libraries, carried on in connec- tion with such schools, including the establishing and en- forcing of all regulations for the grading of, and courses of instruction in, all of said schools and for the government and discipline of such schools: To maintain night schools during regular school terms and it may admit thereto adults and children over fourteen 198 SCHOOL LAW OF INDIANA- years of age; and to maintain play-grounds and vacation schools. 274. Repeal. 6. All provisions of the general school laws of the state which are inconsistent with the pro- visions of this statute or with the statute of this state of March 4, 1899 (Session Laws of 1899, page 434), concerning common schools in cities of more than one hundred thousand population, or with any statute amendatory of that act or supplemental thereto shall, upon the taking effect of this statute, to the extent they are so inconsistent, not be effect- ive in respect of the common schools in cities such as are designated in section one of this act. L1909. p. 292. Approved March 6, 1909.] 275. Health inspection. 1. In every city of this state having a population of more than one hundred thousand, according to the last United States census, it shall be the duty of the board of public health and charities of such city, for the protection of public health, to make medical in- spection, from time to time, of all persons attending, or em- ployed in or about all public, private and parochial schools in such city. For this purpose such board of health shall appoint, from time to time, competent physicians to make the inspections, and shall prescribe rules and regulations concerning the number and character of inspections and for the doing of the work and for reports to the said board of health concerning the same. Said board of health shall have power to prohibit the presence in or about any such school of any pupil, teacher, other employe, or person whose health is such that his presence would be, in the board's. opinion, injurious or dangerous either to the person himself or to others in attendance at such school, and such prohibition shall be effective until revoked by such board of health. Such board of health shall have power to appoint, from time to time, as its judgment may dictate, district nurses with such visitorial powers as such board may prescribe, to the end that such board may be kept informed of the care and SCHOOL LAW OF INDIANA. 199 attention that is being received by persons which it shall have so excluded from the schools and may be kept in- formed of the progress of such persons toward recovery. 276. Tax levy for health inspector. 2. All expenses necessarily incurred in carrying out the provisions of this act shall be borne by such civil city. It is hereby made the duty of every such civil city annually, beginning in 1909, to levy the sum of one-half (^) cent on each one hundred dol- lars ($100.00) of taxables within such 'city to create a fund, to be known as the ' ' school health fund, ' ' for carrying out the provisions of this act. Such fund shall under no cir- cumstances be used for any other purpose, but for the pur- pose aforesaid shall be subject to the warrant of the proper city official without any further appropriation. The duty of making such levy shall be performed regardless of any limit now existing by law in the tax-levying power of any such city. [1911, p. 96. Approved March 1,1911.1 277. Trade and industrial schools. 1. In all cities of the State of Indiana, having a population of 200,000 or over, as shown by the last preceding census of the United States, it shall be lawful whenever the school city in such city shall have acquired title to and possession by gift or donation, of any real estate, building, and personal property situated in such city, which real estate, buildings, and personal prop- erty have heretofore been used for an industrial or trade school, for the education of boys, in the trades of printing, lithography, machinists, moulding, typesetting, bricklaying, tile setting, pattern making, and pharmacy, for the board of school commissioners or other common school authorities of such school city, in addition to all other taxes now author- ized to be levied, to levy annually a tax of three cents on each one hundred dollars of property liable for taxation for school purposes in such city, to be levied and collected as other taxes for school purposes are levied and collected, for the purpose of maintaining and operating such industrial or trade school, and departments thereof, for teaching sundry 200 SCHOOL LAW OF INDIANA. trades heretofore mentioned, and such other trades as may be decided upon by such school authorities, and of perform- ing any conditions incident to the school city's acquisition of the property: Provided, That no portion of the taxes so levied and collected shall be applied to or used for any other purpose. 278. Maintenance and operation. 2. Such board of school commissioners or other common school authorities of such city, upon acquiring, by gift or donation, title to and possession of real estate, buildings and personal property heretofore used as an industrial or trade school, as men- tioned in section 1 hereof shall maintain and operate such school and shall employ competent instructors in the va- rious subjects to be taught; purchase necessary tools, im- plements, supplies, and apparatus, and establish general rules and requirements for the admission of pupils, courses of instruction, and the conduct of such trade or industrial school as in their judgment will produce the best results and give instructions to the largest number of pupils practicable, and such school city may also use the property so acquired for other school and library purposes, but in no way that will materially interfere with the conduct of trade or indus- trial school or schools thereon. 279. Transfer Tuition. 3. The transfer tuition charge for each child, transferred from another common school cor- poration of this state, who shall take any trade or industrial instruction in any school upon the real estate eo acquired, shall be the actual per capita cost of operating the school he attends, nothing being included in such cost for perma- nent improvements or additions, salaries of superintendents or for cost of apparatus or for breakages thereof. If a child not entitled to school privileges in said school shall, by said school city be permitted to take any trade or industrial in- struction in any school upon the real estate so acquired, the tuition charged such child shall not be greater than the per capita cost of operating the school he attends, nothing being included in such cost for permanent improvements and additions. SCHOOL LAW OF INDIANA. 201 [1911. p. 409. Approved March 4, 1911. J 280. Public Playgrounds. 1. That the board of health and charities in cities of the first class, in this state, be and the same are hereby authorized to establish, maintain and equip public playgrounds, public baths and public comfort stations in such cities. That the board of school commis- sioners and the board of park commissioners are hereby au- thorized to permit the use of any public grounds under their control as in their judgment may be required, pursuant to the provisions and for the purpose designated in this act. And such boards of health and charities are hereby author- ized to lease or purchase grounds additional to such public grounds, either adjacent thereto or elsewhere in such city; and such boards are hereby empowered pursuant to the laws of eminent domain, now or hereafter in force within this state, to condemn ground to be used for the purpose herein expressed and to pay for such grounds so condemned out of the revenue hereinafter provided for in this act. 281. Custody and control. 2. Such boards shall have full control and custody of all such playgrounds, baths and comfort stations, including the policing and preservation of order thereon, and may adopt suitable rules, regulations and by-laws for the control thereof, and the conduct of children and other persons while on and using the same, and may en- force the same by suitable penalties. Such boards shall ap- point a commissioner of public playgrounds, public baths and public comfort stations, whose duty it shall be to super- intend and manage the work, to select directors and assist- ants, who while on duty, and for the purpose of preserving order and the observance of the rules, regulations and by- laws of the said board shall have the powers and au- thorities of police officers of the respective cities in and for which they were severally appointed. The compensation for such employes shall be fixed by such boards. 282. Expenses Tax. 3. All the expenses necessarily incurred in carrying out the provisions of this act shall be borne by such civil city. The common council of such city 202 SCHOOL LAW OP INDIANA. shall annually, beginning in 1911, levy the sum of one-half (i) cent on each one hundred ($100) dollars of taxables within such city to create the sum, to be known as the ' i recreation fund, " to be expended by such board in carry- ing out the provisions of this act. Such funds shall under no circumstances be used for any other purposes, but for the purpose aforesaid, shall be subject to the warrant of the proper city official without any further appropriation. The duty of making such levy shall be performed regardless of any limit now existing by law in the tax levying power of such city. [1907, p. 268. Approved March 9, 1907.] 283. Teachers' pension fund Trustees. 1. In every city in the State of Indiana having a population of 100,000 or more, according to the last preceding United States census, there shall be, and is hereby, created a teachers' pension fund, which shall be governed and managed by a board of trustees, to be composed of seven members, as follows: Three members of the board of school commissioners of such city, to be selected or appointed annually by such board, the superintendent of public schools, one principal and two teachers regularly employed in the public schools of such city. Said principal and teachers shall be selected at a meeting of the public school teachers of such city on the third Saturday of March, 1907, in such manner and at such place or places as shall be determined and designated by the board of school com- missioners of such city ; and thereafter there shall be select- ed on the third Saturday of March of each year one princi- pal and two teachers as members of such board of trustees. The trustees shall hold their offices until their successors shall be selected or elected as above set forth. In the event of a vacancy upon said board occasioned by the death, res- ignation or disability of either of said principal or teach- ers, then the public school teachers of said city shall, within a reasonable time, upon the call of the president of said board of trustees, hold a special meeting and elect a suc- cessor or successors. A majority of said trustees shall con- SCHOOL LAW OF INDIANA. 203 stitute a quorum for the transaction of business pertaining to said pension fund. Said trustees shall receive no pay for their services as such, except the secretary and assistant treasurer, each of whom may be paid such sum for services as may be fixed by the board of trustees: Provided, how- ever, That if any one shall act as such secretary or assistant treasurer who shall receive any of the benefits of said pen- sion fund, as hereinafter provided, the amount of the sal- ary so received by such secretary or assistant treasurer shall be deducted from the amount to which he or she would" otherwise be entitled as a beneficiary under said fund. (R. S. 1908, 6555a.) 284. Officers Duties. 2. Said board of trustees shall elect from among its number a president, vice-president and secretary. The president shall preside at the meetings of the board and perform all other duties usual to such office. The vice-president shall perform the duties of the president in his absence. It shall be the duty of the secretary to keep a true and accurate account of the proceedings of such board of trustees and of the teachers of such city, when acting upon matters with relation to said fund, and to turn over to his or her successor all books and papers pertaining to such office. The secretary of the board of school com- missioners of such city shall act as assistant treasurer, and it shall be his duty to keep a true and correct statement of the account of each member with said pension fund, to col- lect and turn over to the treasurer of said board all moneys belonging to said fund, and to render to the board a month- ly account of his doings. He shall furnish bond in such amount as shall be determined and required by said board of trustees, and the board of school commissioners of such city shall allow him such compensation for his services as it may deem proper. The treasurer of such city shall be ex officio the treasurer of said board of trustees, and he shall receive and hold all moneys belonging to such teachers' pension fund ; he shall have the custody of all notes, bonds and other securities belonging to said fund, and shall col- lect the principal and interest of the same and shall be 204 SCHOOL LAW OF INDIANA. liable on his bond as such city treasurer for the perform- ance of all the duties imposed upon him by this act and for the faithful accounting of all moneys and securities, includ- ing both principal and interest, which may come into his hands and which shall belong to such pension fund. And he shall keep a separate account which shall show at all times the true condition of such fund. Said treasurer shall, upon the expiration of his term of office, account to said board for all moneys, notes, bonds and other securities coming into his hands, and for the interest, income, profits, rentals and proceeds of and from the same, and he shall turn over to his successor all moneys, notes, bonds and other securi- ties belonging to said fund. The secretary, treasurer and assistant treasurer shall make a full, true and accurate re- port of their offices and trusts at each annual meeting of such teachers in March of each year. Their books shall at all times be open to inspection or examination by any member of said board of trustees, (R, S. 1908, 6555b.) 285. Control of fund What constitutes. 3. Such board of trustees shall have full charge and control of the teach- ers ' pension fund of such city, with power to adopt and enforce all needful regulations governing the same, not in- consistent with this act. Said fund shall be derived from the following sources: First. All moneys that may be given to said board of trustees or to said fund or to the board of school commis- sioners of such city, for the use of said board of trustees of teachers' pension fund, by any person or persons. Such board of trustees may take by gift, grant, devise or be- quest, any money, choses in action, personal property, real estate or any interest therein, and any such gift, grant, de- vise or bequest may be absolute or upon condition that only the rent, profits and income arising from the same shall be applied to the uses and purposes of said fund. Such board of trustees shall be authorized to take such gift, grant, de- vise or bequest under and by the style 018 the board of trus- tees of the teachers' pension fund, of e^ch city, and, to.; hold SCHOOL LAW OF INDIANA. 205 the same, or assign, transfer or sell the same, whenever proper and necessary, under and by such name. Second. Every teacher shall be assessed upon his or her salary as follows: One per centum per annum (but not more than $10) upon the salary of every teacher who shall not have taught in excess of fifteen (15) years; and two per centum per annum (but not to exceed $20) upon the salary of every teacher who shall have taught longer than fifteen (15) years: Provided, however, That such assessment shall not be made prior to the first day of September, 1907. And the assistant treasurer of such board of trustees shall pre- pare a roll of each of said assessments and place opposite the name of every teacher the amount of assessment against him or her, and shall furnish a copy of such roll to the treasurer, and the treasurer of said board shall, in Novem- ber and April of each school year, deduct and retain out of the salary going to such teacher the amount of such assess- ment, and shall give him or her credit for the same and place the same to the credit of said teachers' pension fund. Every teacher of such city receiving a salary of four hun- dred fifty dollars ($450) a year or more shall pay such as- sessment, and in becoming a teacher he or she shall be con- clusively deemed to undertake and agree to pay the same, and to have such assessment deducted from his or her sal- ary as hereinbefore provided. Third. The board of school commissioners of such city shall levy each year, in addition to all other taxes author- ized by law, a special tax of one cent upon each one hundred dollars of taxable property in the city, which sum shall be collected as other taxes are collected by law, and which shall be credited by the treasurer of such city to the said teachers' pension fund, and shall not be used or devoted to any other than the purposes of said fund. And nothing in this act shall be deemed to take from said board of school commissioners the powers now given to said board in re- lation to the levy of taxes under existing statutes. (R. S. 1908, 6555c.) 206 SCHOOL LAW OF INDIANA. 286. Investment of funds. 4. The board of trustees of such teachers * pension fund shall determine what part of said fund may be safely invested, and how much shall be retained for the immediate needs, demands and exigencies of said fund. Such investment shall be made: (1) In in- terest bearing bonds of the United States, or of the state of Indiana, or in any bond lawfully issued by any state or by any county, township, city or other municipal corpora- tion, either within or without the state of Indiana; (2) loans secured by mortgage upon real estate within the county wherein such city is located, which loans shall not be in excess of fifty per centum of the appraised value of such real estate. All bonds, mortgages and other securities shall be deposited with and remain in the custody of the treasurer of said board, who shall collect all interest due thereon, and all the income therefrom, as the same shall be- come due and payable. (E. S. 1908, 6555d.) 287. Sinking fund. 5. The board of trustees of such teachers' pension fund shall establish a sinking fund, to the credit of which shall be put and deposited all gifts, grants, devises and bequests, and the unexpended balance remain- ing at the expiration of each fiscal year. And such sinking fund shall be and remain a permanent fund, and no part thereof shall be expended except the interest and income thereof and therefrom: Provided, however, That one-half of the amount added to such sinking fund during any year may be used, if necessary, during the year immediately fol- lowing. (R. S. 1908, 6555e.) 288. Uses of fund. 6. Said teachers' pension fund shall be used and devoted in the manner and to the pur- poses following: First. The maximum pension to be paid any teacher shall be six hundred dollars ($600.00) per annum, which amount shall be based upon a service of forty (40) years as such teacher and every pensioner and beneficiary of said fund shall be entitled to and shall receive such percentage of said sum of $600 as the number of years of teaching SCHOOL LAW OF INDIANA. 207 of said pensioner and beneficiary shall bear to the term of forty years, subject, however, to all the provisions of this act. Second. Any aged, infirm, diseased or disabled teacher, who is now or hereafter may be teaching in the public schools of such city, having served as such teacher for not less than fifteen (15) years, shall be entitled to receive a disability pension : Provided, Such board of trustees shall find that he or she is entitled to the same by reason of such age, disease, infirmity or disability, and after such appli- cant for a pension shall have been examined by a physician selected for such purpose by said board of trustees, the examination fee or charge of such physician to be paid by the applicant: And, provided further, That no such pension shall be paid until any sick pay allowed or pro- vided for by the board of school commissioners of such city shall have ceased. Third. - Any teacher who is now or hereafter may be teaching in the public schools of such city, and shall have taught for not less than twenty-five (25) years, may be pensioned upon application to said board of trustees, or may be pensioned by such board without such application aad shall thereafter receive a pension during the remain- der of his or her life, subject, however, to all the condi- tions contained in this act : Provided, That such pensioner shall have paid into said fund, by way of assessment or otherwise, not less than one-third (1-3) of the amount to which he or she shall be entitled per annum as a pension. And in order to make up such one-third, the board of trus- tees may order the treasurer to deduct one-half thereof each of the first two years from the amount of such pen- sion. (R. S. 1908, 6555f.) 289. Years of service How computed. 7. In comput- ing years of service as provided in this act, the board of trustees may include services as a public school teacher rendered outside of such city, not, however, in excess of five (5) years, as a portion of such services necessary be- fore any teacher shall be entitled to any of the benefits 208 SCHOOL LAW OF INDIANA. of this act: Provided, however, That such teacher shall pay assessments based upon the first annual salary re- ceived by him or her in the schools of such city for the said years of service elsewhere, in addition to the assessments paid by such teacher while in the service of such schools, before receiving any retirement pension: And, provided further, That nothing in this section shall affect the amount or amounts to be paid into such pension fund by school teachers before being entitled to become a pensioner. And any teacher may be given leave of absence for study, pro- fessional improvement or temporary disability not exceed- ing one year at any one time, and shall be regarded as a teacher and entitled to the benefits of this act : Provided, That during such absence he or she continues to pay into such fund the amount of assessment payable by such teacher the last year preceding such leave of absence. (R. S< 1908, 6555g.) 290. Pensioners Re-examination. 8. After any teach- er shall have been pensioned, by reason of injury, dis- ability or disease, the board of trustees shall have the right at any time to cause such teacher again to be brought be- fore such board and examined by its physician, and also to examine other witnesses, for the purpose of ascertaining whether such injury, disability or disease shall still con- tinue and whether such teacher shall remain on the pension roll. Such teacher shall be entitled to notice and to be present at the hearing of such evidence ; shall be permitted to propound any question pertinent or relevant to such matter, and shall also have the right to introduce evidence upon his or her own behalf. Such teacher and all witnesses shall be examined under oath, and any member of such board of trustees is hereby authorized and empowered to administer such oath. The decision of such board of trus- tees shall be final and conclusive, and no appeal shall be allowed therefrom, nor shall the same be reviewed by any court or other authority: Provided, however, That every pensioned teacher shall report to the superintendent of SCHOOL LAW OF INDIANA. 209 public schools of such city whenever required so to do. And said superintendent may assign such teacher to such serv- ice or employment as may be within his or her power to perform, in the judgment of such superintendent of public schools and of the examining physician employed by said board of trustees. And during the time of such employ- ment such teacher shall receive the regular salary therefor, which shall be credited to and deducted from the amount payable to such teacher from said pension fund. And should any pension teacher recover from his or her injury, disease or disability, and again be fit for regular duty, then such teacher may again be regularly employed, and during the time of such employment, he or she shall cease to be entitled to any payment out of said pension fund because of the injury, disease or disability on account of which such teacher was originally retired. (E. 8. 1908, 6555h.) 291. Service pension. 9. Any teacher applying to be pensioned by reason of length of time of service as in this act provided, shall be pensioned and retired without any medical examination, nor need he or she be under any physical disability, and from the time of such pension and retirement such teacher shall not be required to render further services as such teacher, nor shall he or she be de- prived of the benefits herein provided, except for any cause contained in section 16 of this act. (R. S. 1908, 6555i.) 292. Computing" time. 10. In computing time under the provisions of this act, such time shall include service rendered before, as well as after, the taking effect of this act. (B. S. 1908, 6555j.) 293. Trustees By-laws. 11. The board of trustees shall have the power and authority to make all necessary by-laws providing for the manner of the election of such trustees, to be elected as in this act provided, the counting and canvassing of the votes for the same, their meetings, for the collection of all moneys and other property coming [1427277] 210 SCHOOL LAW OF INDIANA. or belonging to said fund, and all other matters connected with the care, preservation and disbursement of the same, and the proper execution of the purposes and provisions of this act. And any pension authorized by the board un- der this law shall be subject to reduction by said board of trustees whenever in its judgment the condition of the pen- sion fund, the financial or other conditions of the pensioner or any other circumstances render such reduction advis- able, proper or necessary, and any pension so reduced may thereafter be restored or increased, as such board may deem best. (R. S. 1908, 6555k.) 294. Payments When refunded in part. 12. Any teacher who shall cease to teach in the public schools of such city before receiving any benefit from the fund, shall be entitled to the return of one-half of the amount, without interest, which shall have been paid into said pension fund by such teacher: Provided, however, Should such teacher thereafter again teach in the public schools of such city, he or she shall refund to said pension fund the amount so returned to such teacher within one year from the date of his or her return to service in the schools. And should any teacher die before receiving any of the benefits or pen- sions by this act provided, the board of trustees shall pay to such teacher's heirs or estate, or either or any of them, as it shall see tit, one-half the amount without interest which shall have been paid into said pension fund by said teacher. (R, S. 1908, 65551.) 295. Deficiency Pro rata payments. 13. If at any lime there should not be sufficient money in or to the credit of said teachers' pension fund to pay all claims against it in full, then and in such event, an equal percent- age shall be paid upon all such claims to the full extent of the funds on hand, until such pension fund shall be suffi- cient to pay all claims against it in full. (R. S. 1908, 6555m.) 296. Place of payment. 14. All pensions herein pro- vided for shall be paid by the treasurer of the board of SCHOOL LAW OF INDIANA. 211 school commissioners at his office at the same time and in such installments as the teachers of such city shall be paid: Provided, however, That no pension of any Kind whatso- ever provided for in this act shall be paid prior to October 1, 1908. (R. S. 1908, 6555n.) 297. Pensions exempt from seizure. 15. All pensions granted and payable out of said teachers' pension fund shall be and are exempt from seizure or levy upon attach- ment, execution, supplemental process, and all other proc- ess, whether mesne or final ; and such pensions or any pay- ment of the same shall not be subject to sale, assignment or transfer by any beneficiary, and such transfer shall be absolutely void. (R. S'. 1908, 6555o.) 298. Cancellation of pension. 16. Whenever any such person who shall have received any benefit from said fund shall be convicted of any felony, or of any misdemeanor for which he or she shall be adjudged to be imprisoned, or shall fail to report for examination for duty as required herein, unless excused by the board of trustees of such city, or shall disobey the requirements of said board of trustees in respect to said examination for duty, or shall fail to perform such duty as may be required of him or her if found able to perform such duty, then such board shall order that the pension allowed and paid to him or her shall cease until the further order of such board. (R. S. 1908, 6555p.) 299. Teacher defined. 17. The term teacher as used in this act shall mean and include any principal, assistant principal, assistant superintendent, supervisor, assistant supervisor, persons in charge of any special department of instruction, and any teacher or instructor regularly em- ployed as such by the board of school commissioners of such city. (R, S. 1908, 6555q.) 212 SCHOOL LAW OF INDIANA. CHAPTER XII. SCHOOLS IN CITIES OF 55,000 TO 63,000. SEC. 300. 301. 302. 303. Cities of 55,000 to 63,000 Board of School Trustees. Qualification Interest in contracts Salary. Election Terms Petition'for candi dates. Next election Five to be chosen. SEC. 304. Present incumbents or electives. 305. Take office as vacancies occur. 306. Future census Effect. 307. Pending litigation. [1911, p. 358. Approved March 4, 1911.] 300. Cities 55,000 to 63,000 Board of School Trustees. 1. The government of the common schools in cities having a population of more than fifty-five thousand inhabitants and less than sixty-three thousand inhabitants, according to the last preceding United States census, shall be vested in a board of school trustees, which shall consist of five mem- bers, elected in the manner hereinafter provided. This act applies only to Terre Haute, which has by the census of 1910 a population of 58,157. 301. Qualifications Interest in contracts Salary. 2. The members of such board of school trustees shall be at least twenty-five years of age, residents of the city, and shall have been such residents of the city for at least three years immediately preceding their election. They shall be in- eligible to any elective or appointive office under such board of school trustees and under the government of such city while holding membership on said board. They shall not be interested in any contract with, or claim against the school city in which they are elected, either directly or in- directly: Provided, That this act shall not be construed to prevent any one, otherwise eligible, who is connected as offi- cer or stockholder in financial institutions holding school fund deposits under the state depository law from holding such office as school trustee. If at any time after the elec- tion of any member of said board, he shall become interested in any such contract with, or claim against said school city. SCHOOL LAW OF INDIANA. 213 he shall thereupon be disqualified to continue as a member of said board, and a vacancy shall thereby be created. Every member of said board shall, before assuming the duties of his office, take an oath before some one qualified to administer oaths that he possesses all the qualifications required by this act, that he will honestly and faithfully dis- charge the duties of his office, that he will not, while serving as a member of such board, become interested directly or indirectly, in any contract with, or claim against said school city, and that he will not be influenced during his term of office, by any consideration of politics or religion, or any- thing except that of merit and fitness in the appointment of officers and the engagement of employes. Each member of such board of school trustees shall receive as compensation for his services herein the sum of five hundred dollars ($500.00) per annum. 302. Election Terms Petition for candidates. 3. The said board of school trustees shall be elected on a general ticket for a term of four years by the voters of any such city qualified to vote at its city elections. The members of such board shall be elected at the regular city election of such civil city, and shall be taken from the city at large without reference to districts, and such election shall be held under the provisions of the general laws governing such city elections, so far as they are not inconsistent with the provisions of this act. Not later than thirty days be- fore any election for members of the board of school trus- tees provided for in this act, legal voters of such city may present names of candidates for election as members of said board of school trustees to a board of canvassers, consist- ing of the mayor, the clerk and the comptroller of said city in the manner following: Each candidate shall be proposed in writing by not fewer than two hundred legal voters of such city. No more than five candidates may be named in any one petition and no legal voter may sign for more than five candidates on petition or petitions for any one election. Upon the presentation of such petition to said board of can- vassers, the said board of canvassers shall publish for five 214 SCHOOL LAW OF INDIANA. days the names proposed, in at least two of the daily news- papers printed and published in said city, and shall certify at the time required by law such nominations to the regular board of election commissioners for said city election, who shall prepare ballots printed on plain paper which shall contain the names of all such candidates, arranged in or- der to be determined according to lot by said board of canvassers. There shall be nothing on said ballot, except as otherwise provided herein, and except the names of the candidates and the offices to be filled, together with the square in front of each name and a statement at the head of the ticket of the number of trustees for whom the elec- tor may vote. Such ballot shall be voted at said regular city election and deposited in a separate ballot box pro- vided for the purpose. The name of any candidate shall not be thus published and placed on the official ballot by the said board of canvassers if it shall appear that lie is ineligible for membership on the said board of school trus- tees under the provisions of section two (2) of this act. Each elector may vote for five candidates by making a cross in the square opposite the name of each candidate for whom he votes. The five candidates who have the high- est number of votes shall be declared elected. The va- cancies in said board of school trustees shall be temporarily filled by the board as soon as practicable after such vacancy occurs, except as hereinafter provided. Any such member so chosen to fill such vacancy shall hold office until the first Monday in January following the next general city election, and until his successor is elected and qualified: Provided, however, That in case the term of any trustee-elect as pro- vided in section 5 of this act, shall commence at the date of any vacancy occurring prior to the first Monday in Janu- ary following the next general city election after the taking effect of this act, then in that event, the then board of school trustees shall not fill such vacancy but it shall be filled by such trustee-elect, who shall serve as provided in section 5 herein; and that in case the term of office of any such trus- tee-elect shall commence at a date subsequent to the date when such vacancy occurs, the term of office of the trustee SCHOOL LAW OF INDIANA. 215 chosen by the board to fill such vacancy shall extend only to the date of the commencement of the term of such trus- tee-elect and until such trustee-elect is qualified, and such trustee-elect shall serve as provided in section five (5) of this act. 303. Next election Five to be chosen. 4. At the next general city election after the taking effect of this act, five members of the board of school trustees shall be elected to serve as herein provided, and each of said trustees shall hold office for a term of four yearsj and until his successor is elected and qualified. 304. Present incumbents or electives. 5. School -trus- tees holding office in such cities at the time of taking effect of this act who obtained such office by election by popular vote, or by appointment by the city common council, and school trustees-elect who obtained such election by popular vote, or by appointment by the city common council, whose terms of office have not commenced at the time of the taking effect of this act, shall continue to hold, and take and hold, office therein respectively as such school trustee in such cities during the terms of office for which they were so elected and so appointed. And if any such city shall have a less number of trustees than five at the time of the taking effect of this act, the full number of five shall immediately be made up by the then board of school trustees of such city selecting persons to fill the place or places on such board of school trustees, and the new member or members so se- lected shall serve until the first Monday in January after the next general city election and until his, or their succes- sor or successors are elected and qualified. 305. Take office as vacancies occur. 6. The five trustees elected as provided by section four (4) of this act shall take office as vacancies may occur by reason of the expiration of the terms of office of the trustees as provided in sections three (3) and five (5) herein, and said trustees shall take office in the order of the highest number of votes received 216 SCHOOL LAW OF INDIANA. at said election. If any number of said trustees shall re- ceive the same number of votes, the order in which they shall respectively take their office shall be determined by lot. At each succeeding general city election, there shall be elected five school trustees who shall respectively suc- ceed the members serving as school trustees of any such city, upon the expiration of their respective terms of office, in the same order as hereinbefore provided. And each of said trustees, shall hold office for a term of four years and until their successors respectively are elected and qualified. 306. Future census Effect. 7. Whenever any city which has not the requisite population to bring it within the provisions of this act shall, according to any United States census hereafter taken, have a population of more than fifty- five thousand inhabitants, and less than sixty-three thou- sand inhabitants, then this act shall in all respects apply to and govern such city from thenceforth. 307. Pending litigation. 8. It is the meaning and inten- tion of this act, that the same shall not affect any pending litigation but the same shall be concluded, and judgment rendered and enforced as if this act had never been passed ; and that all school trustees in cities contemplated by this act now legally in office, or which are elected and are here- after to take office, under a valid law of this state, shall do so, and all questions as to the legality or illegality of their election shall not be disturbed by the provisions of this act. SCHOOL LAW OF INDIANA. 217 CHAPTER XIII. SCHOOLS IN CITIES OF 45,000 TO 55,000. SEC. 308. Cities of 45,000 to 55,000. 309. Power of School Board. 310. Buildings Bonds. SEC. 311. Special tax. 312. Proceeds of bonds . 313. Population. [1901, p. 21. Approved February 20, 1901. In force May, 1901.] 308. Cities of 45,000 to 55,000. 1. All cities of this state having a population exceeding forty-five thousand (45,000), and less than fifty-five thousand (55,000), according to the last preceding United States census, have been heretofore and are hereby declared to be and are made school corpora- tions for school purposes, separate and distinct from the civil corporations of such cities, and shall be known and designated as the school city of (naming the city) ; and the several boards of school trustees of such cities shall represent and be vested with all the authority and powers of such school cities, and with the management and con- trol of the common schools thereof. (R. S. 1908, 6509.) 309. Powers of school board. 2. The general school laws of this state, and all laws and parts of laws, applicable to the general system of common schools in cities, and not inconsistent therewith, shall be in full force in such cities. And such boards of school trustees shall also have and ex- ercise all the powers heretofore or hereafter conferred upon the school trustees of the same or other cities of the state. (R S. 1908, 6510.) 310. Building Bonds. 3. Such board of school trus- tees in any such city may purchase land and erect thereon a building or buildings for the purposes of a high school and a manual training school. For the purpose of raising the necessary funds to purchase such grounds, and for the erec- tion of such buildings, such board of trustees may borrow 218 SCHOOL LAW OF INDLANA. money, and from time to time issue and sell the negotiable bonds of such school city, in such sums and denominations as to said board may seem advisable, drawing not to exceed four per cent, interest per annum, payable semi-annually and running such length of time, not to exceed twenty years, and payable at such place as to said board may seem best, and the said board shall have the power to refund said bonds, or any part thereof, and to issue and sell other bonds, in lieu of those taken up and paid, by issuing and selling similar bonds of such city: Provided, however, That the aggregate amount of such bonds outstanding at any time shall not exceed one hundred and twenty-five thousand dollars ($125,000). Such bonds shall be executed by and in the name of the board of school trustees of (naming the city) by the president of the board, which such board shall have power to adopt and use, and shall be at- tested by the treasurer or secretary of such board, and when so executed and issued they shall constitute an in- debtedness of the school city on account of and for the benefit of which they are issued, and such school city issu- ing the same shall be liable for and shall assume and pay such bonds. (E. S. 1908, 6511.) 311. Special tax. 4. Said boards of school trustees shall have the power to, and shall levy a special tax sufficient to pay the interest on such bonds, and to create a sinking fund for the payment of the principal thereof, when due: Pro- vided, however, That the total tax levied for the payment of such interest and sinking fund, and for the construction and repair of school buildings, to provide furniture, school apparatus and fuel, and for the payment of other necessary expenses of the schools of such city (except for tuition, library and compulsory educational purposes), shall not ex- ceed the sum of fifty cents on each hundred dollars' worth of taxable property and one dollar on each poll in such cities in any one year. (E. S. 1908, 6512.) 312. Proceeds of bonds. 5. The proceeds of the sale of such bonds shall be paid to the treasurer of said board of school trustees, to enable such board to pay for such SCHOOL LAW OF INDIANA. 219 grounds and erect such building or buildings; but before the issue or sale of such bonds such treasurer shall make and file with the county auditor a bond, payable to the state of Indiana, in a sum not less than the full amount of such bonds to be issued and sold, and with security, to be ap- proved by said auditor conditioned for the faithful and hon- est application of such money to the purposes for which the same was provided; and such treasurer, and such surety and sureties on such bond, shall be liable on a suit on such bond for any waste, misapplication or loss of such money in the same manner and to the same extent as now provided for waste or loss of school revenue. (R. S. 1908, 6513.) 313. Population. 6. Whenever any city which has not the requisite population to bring it within the provisions of this act shall, according to any United States census here- after taken, have a population of more than forty-five thou- sand (45,000), and less than fifty-five thousand (55,000), then this act shall in all respects apply to and govern such city from thence forward. (E. S. 1908, 6414.) When this law was enacted in 1001. F.jrt Wayne had a population of 45,115. and was the only city to which it applied. By the census^of 1910, Fort Wayne lias a population of" 63,933, and has therefore passed out of the class. South Bend comes into the class by the census of 1910, with a population of 53,684. 220 SCHOOL LAW OF INDIANA. CHAPTER XIV. TAXATION. SEC. 314. State tax levy. 315. Uniform tax. 316. Special school Used to pay teachers. 317. Assessment and collection. 318. Supplementary tuition fund. 319. Local tax How applied. SEC. 321. 322. 323. Tax for town school house and to support town schools. State educational institutions Amount of tax Division. Permanent fund not affected. Repeal not to affect taxes when levied. [1907, p. 505. Approved March 11, 1907.] 314. State tax levy. 1. There shall be in the year 1907, and annually thereafter, assessed and collected as state and county revenues are collected, thirteen cents and six mills on each one hundred dollars worth of taxable property, real and personal in this state, and in addition thereto a poll tax of fifty (50c) cents upon each legal voter in the state, which money when collected shall be paid into the state treasury for a common school tuition fund, and shall be apportioned to the several counties in the manner pro- vided in said act, section one of which is hereby amended. (R. S. 1908, 6432.) 1. An act o 1873 (p. 216) legalized tax levies for tuition made by school trustees of cities prior to January 21, 1S75. [1869, p. 41. Approved and in force May 13, 1869.] 315. Uniform tax. 1. In assessing and collecting taxes for school purposes under existing laws, all property, real and personal, subject to taxation for state and county pur- poses, shall be taxed for the support of common schools, without regard to the race or color of the owner of the property. (R. S. 1908, 6440.) [1905, p. 491. Approved March 7, 1905.] 316. Special school tax Used to pay teachers. 12. The trustees of the several townships, towns and cities, shall have the power to levy a special tax, in their respective SCHOOL LAW OF INDIANA. 221 townships, towns or cities, for the construction, renting or repairing of school houses, providing furniture, school ap- paratus, and fuel therefor, and for the payment of other necessary expenses of the school, including tuition and teachers ' salaries, whenever in any current year the tuition funds shall have been exhausted; but no tax shall exceed the sum of fifty (50) cents on each one hundred dollars ($100.00) worth of taxable property, and one dollar ($1.00) on each poll, in any one year, and the income from said tax shall be denominated the special school revenue. (R. S. 1908, 6441.) 1. COMMISSIONERS HAVE NO CONTROL. By the above section the legis- lature amended the act of 1865, giving trustees the absolute right to levy a special tax by increasing the amount from twenty -five cents to fifty cents, and reaffirming the former law, otherwise in the very words of it. This clearly removes all authority of commissioners over the trustees in making their special school levies. Cole v. State, 131 Ind. 591 ; Shepard son v. Gillette, 133 Ind. 125. 2. BANK STOCK. Shares of bank stock in a national bank are liable to the special tax authorized by this section. Daniels v. Strader, 39 Ind. 63; Root v. Erdelnieyer, 37 Ind. 225, affirming 1 Wilson 99. 3. WHO LEVIES AND COLLECTS. The township trustee makes the recom- mendation of a certain rate of taxation, but the township advisory board makes the levy. Under the old law the township trustee might levy. Heal v. Jefferson Tp., 15 Ind. 431 ; Cole v. State. 131 Ind. 591 : Shepardson v. Gillette, 333 Ind. 125: Adamsou v. Auditor, 9 Ind. 174. [1865, p. 3. Approved March 6, 1865.] 317. Assessment and collection. 13. The county audi- tor shall, upon the property and polls liable to taxation for state and county purposes, make the proper assessments of special school tax levied by the trustee, in the same man- ner as for state and county revenue, and shall set down the amount of said tax on his tax-list and duplicate thereof, as other taxes are set down, in appropriate columns; and he shall extend said assessment to the taxable property of the person transferred, which is situate in the township, town or city to which the transfer is made, and to the property and poll of the person transferred, situate in the township, town or city in which the person taxed resides, according to the rate and levy thereof in the township, town or city to which the transfer is made, and for its use ; and said tax 222 SCHOOL LAW OF INDIANA. shall be collected by the county treasurer as other taxes are collected, and shall be paid, when collected, to the treasurer for school purposes of the proper township, town or city, upon the warrant of the county auditor. To en- able county auditors correctly to assess said tax, the county superintendents of the several counties shall, at the time they make out and report to the auditor the basis of the apportionment of school revenue for tuition, as is required by section 4432 [118], make out and report to said audi- tor a statement of transfers which have been made for school purposes according to sections 4472. (R. S. 1908, 6442.) 11803, p. 409. Approved March 9. 1903.1 318. Supplementary tuition fund. 1. The school trus- tees of the several townships, towns and cities shall have power to levy annually a tax not exceeding fifty cents on each one hundred dollars of taxable property and twenty- five cents on each taxable poll, which tax shall be assessed and collected as the taxes of the state and county revenues are assessed and collected, and the revenues arising from such tax levy shall constitute a supplementary tuition fund, to extend the terms of school in said townships, towns and cities after the tuition fund apportioned to such townships, towns and cities from the state tuition revenues shall be ex- hausted : Provided, however, That should there be remain- ing in the tuition fund of any township, town or city levying such tax at the close of any school year any unexpended bal- ances of such supplementary tuition fund assessed and collected for use in such school year, or previous years, equal to or exceeding in amount one cent upon each one hundred dollars of taxable property in said township, town or city, then it shall be the duty of the county auditor to take notice of the same, and at the time when the trustee or trustees of such school corporation shall make the annual levy for such tax such trustee or trustees shall make, under oath, an estimate of the amount of supplementary tuition fund that will be required to meet the actual expenses of the schools for the next school year, and from such estimate SCHOOL LAW OF INDIANA. 223 said auditor shall deduct the unexpended balance of such fund in such trustee or trustees ' hands on the first Monday of July, and the said trustee or trustees shall make a levy not larger than shall be sufficient to produce a supplemental revenue equal to the corporation as well as upon money capital paid in : Provided, That this act shall not apply to waterworks companies. (E. S. 1908, 6443.) [1895. p. 153. Approved March 7, 1895.] 319. Local tax, how applied. 2. The funds arising from such tax shall be under the charge and control of the same officers, secured by the same guarantees, subject to the same rules and regulations, and applied and expended in the same manner as funds arising from taxation for com- mon school purposes by the laws of this state : Provided, That the funds assessed and collected in any school town- ship, school town or school city shall be applied and expend- ed in the same school township, town or city in which such funds shall have been assessed and collected. (R. S. 1908, 6444.) 1. ANTICIPATING. This revenue is not forbidden to be anticipated, as is the state's tuition revenue. Harney v. Wooden, 30 Tnd. 178. U905, p. 219. Approved March 6, 1905.) 320. Tax for town school house and to support town schools. 31. The board of town trustees shall have the following powers: Nineteenth. To erect or provide such school houses as may be necessary for the use of the schools of the town, to complete school houses in process of erection and provide for the payment of the cost of the same, to keep all such school houses in repair and to provide fuel and other necessaries therefor. (R. S. 1908, 9005.) [1903, p. 155. Approved March 3, 1903.] 321. State educational institutions Amount of tax Di- vision. 1. There shall.be assessed and levied upon the tax- able property of the State of Indiana in the year 1903, and in each year thereafter, for the use and benefit of the Indiana 224 SCHOOL LAW OF INDIANA. university, Purdue university, and the Indiana state normal school, to be apportioned as hereinafter in this act provided, a tax of two and three-fourths cents on every on hundred dollars of taxable property in Indiana, to be levied, assessed, collected and paid into the treasury of the state of Indiana, in like manner as other state taxes are levied, assessed* col- lected and paid. And so much of the proceeds of said levy as may be in the state treasury on the first day of July and the first day of January of each year shall be immediately there- after paid over to the board of trustees of the respective in- stitutions for which the. tax was levied, to be distributed and apportioned among them severally upon the basis as follows, viz : To the said trustees of the Indiana university upon the basis of four-elevenths (4-11) of the total proceeds of this tax; to the trustees of Purdue university upon the basis of four-elevenths (4-11) of the total proceeds of this tax; and to the trustees of the Indiana state normal school upon the basis of three-elevenths (3-11) of the total proceeds of this tax, and the auditor of state of Indiana is hereby di- rected to draw proper warrants therefor, and on or before the tenth day of January and July of each year the trustees of the Indiana university, Purdue university, and the In- diana state normal school shall file, or cause to be filed, with the auditor of state a sworn and itemized statement of their receipts from all sources, including all tuition fees, and other revenues derived from students, contingent fees, interest from permanent endowment fund, the proceeds of the tax provided in this act, and all other receipts of every kind, character and description, together with a full, de- tailed, itemized and sworn statement of their expenditures for all purposes, including maintenance and permanent improvements, the amount paid each member of the faculty, trustees, all other officers of the institution, and file with such report a copy of the receipts for each separate item of the expenditures, it being the intention of this act that the reports hereinbefore provided for shall set out in full and in detail all expenditures of every kind, character and de- scription; and from and after this act is in force it shall SCHOOL LAW ()K INDIANA. 225 be unlawful for the auditor of state to issue any warrant to the Indiana university, Purdue university, or the Indi- ana state normal school until they have filed their reports as required by this act, (B. S. 1908, 6824.) 322. Permanent fund not affected. 2. Nothing in this act shall affect in any way any permanent fund that may belong to, or may have been appropriated for either the In- diana university, or Purdue university, named in this act: And provided, further, That no part of the general school revenue of the state shall be deducted or set apart to the state normal school fund. (E. S. 1908, 6825.) 323. Repeal not to affect taxes then levied. 3. All laws and parts of laws in conflict with the provisions of this act be, and the same are, hereby repealed. Provided, however, That the right of said Indiana university, Purdue univer- sity, and the Indiana state normal school to the taxes here- tofore levied under the above mentioned and entitled act approved March 8, 1895, as amended by the above men- tioned and entitled act approved March 4, 1899, is not hereby in anywise impaired but is preserved. [1527277] 226 SCHOOL LAW OF I.XDIANA. CHAPTER XV. APPORTIONMENT OF REVENUE. SEC. 324. To be made semi-annually. 325. Reports of County Auditors. 326. When and what County Auditor reports. 327. When Congressional Township divided. 328. Auditor failing to report Penalty. 329. Printed statement. 330. Payment to counties. 331. Payment of excess. 332. Unapportioned balances. 3 33. County Auditor's apportionment. SEC. 334. State tax levy. 335. Apportionment among counties. 336. Distribution of 5.2% of fund. 337. Town or township deficiency. 338. Superintendent and Auditor. 339. Uses of fund. 340. Liability for fund. 341. Surplus. 342. Interest on sinking fund. 343. Surplus dog tax fund. [1897, p. 291. Approved March 8, 1897.] 324. To be made semi-annually, 109. There shall be two apportionments of the school revenue for tuition made in each year by the state superintendent of public instruc- tion one on the fourth Monday in June, and the other on the first day of January, unless the said day of the month should be Sunday, and, if so, on the day following. (R. S. 1908, 6465.) 325. Reports of county auditors. 110. To enable the superintendent to make said apportionments, and to ascer- tain the amount of said revenue collected and ready for that purpose, the auditors of the several counties of the state shall, promptly, after making the settlements with the county treasurers of the respective counties in May for the amount collected on tax list, and in December for the amount of delinquent tax collected, make report to said su- perintendent of the precise amount of school revenue for tuition collected in their respective counties and ready for apportionment and distribution; which report shall be veri- fied by the oath or affirmation of the auditor indorsed there- on. (B. S. 1908, S6466.) 326. When and what' county auditor reports. 11. The first of said reports in each year shall not be delayed later SCHOOL LAW OF INDIANA. 227 than the third Monday in June, and the second not later than the twenty-fifth day of December. Said report shall show First. The amount of school tax collected since the last report, whether upon the current year's tax list or delin- quent tax. Second. The amount of interest collected since the last semi-annual report, and the amount, if any, not previously reported, upon loans of common school funds, and on any indebtedness which is due or payable to said funds, arising from the sale of seminary property or otherwise. Third. The amount derived from liquor licenses and un- claimed fees not previously reported. Fourth. The total amount of school revenue thus col- lected and ready for apportionment. Fifth. The income derived from the congressional town- ship school fund, including the interest on loans of said fund, and on deferred payments for school lands which have been sold, and the rents and profits derived from the leasing or renting of any such lands, or otherwise. Sixth. The amount of said income from the congres- sional township fund on hand for distribution in parts of the townships in the adjacent counties, specifying the amount on hand for each of the several counties. (B. S. 1!K)8, 6467.) [1865, p. 3. Approved March 6, 1865. | 327. When congressional township divided. 112. When the congressional township lies partly in one county and partly in another, the auditor of the county in which the fund of such township is managed shall notify the auditor of the county in which any portion is situated of the amount due to such portion. (B. S. 1908, 6468.) 328. Auditor failing to report Penalty. 113. On the failure of any county auditor to make his said semi-annual report in time for said apportionments, his county shall be subject to a diminution of one hundred dollars in the next apportionment of said revenue by the superintendent. The 228 SCHOOL LAW OF INDIANA. sum thus withheld may be collected from said auditor, in a suit before a justice of the peace, prosecuted in the name of the state, by any person living in said county who has children enumerated for school purposes for the current year, who is aggrieved by said diminution. Said suit shall be commenced within two years from the time when said report was due, and not afterward: Provided, That said auditor may discharge himself from liability to such suit by a certificate of the postmaster that said report was mailed in due time, together with his own affidavit of that fact. (R. S. 1908, 6469.) [1865, p. 3. Approved March 6, 1865.] 329. Printed statement. 115. Said superintendent shall make out and have printed a statement showing First. The enumeration of children in each county. Second. The amount of school revenue ready for appor- tionment in each county, and the source from which the same is derived, including said addition from the state in- debtedness. Third. The distributive share thereof apportioned to each county. He shall file a copy of said statement with the auditor of state and treasurer of state, and he shall forward a copy thereof, by mail, to each of the county auditors, county su- perintendents and county treasurers of the state. (R. S. 1908, 6471.) 330. Payment to counties, 116. The auditor of state shall, at the time of making the semi-annual settlements with the several county treasurers, give them each a war- rant on the state treasury for the distributive share of said revenue apportioned to their respective counties, the amount of which shall be retained by said treasurers out of the money or revenue in their hands; and the balance ascer- tained to be due to the state, of ordinary state revenue or other revenue, together with said warrant, shall be paid into the state treasury. The settlement between the re- spective county treasurers and the auditor of state, and the SCHOOL LAW OF INDIANA. 229 drawing of the warrants for the amounts apportioned to their respective counties; the ascertainment of the balance payable into the state treasury, and the payment of said balance, and retention by the county treasurers of their dis- tributive shares of school revenue, according to said appor- tionment shall be concurrent acts, and shall be done and performed in such a manner as to effect a complete semi- annual disbursement, from the state treasury to the several counties of the state, of all the school revenues then appor- tioned to them, and as soon as practicable after the appor- tionment is made. (R. S. 1908, 6472.) [1885, p. 208. Approved April 13, 1885.] 331, Payment of excess. 1. The auditor of state shall, at the time of making the semi-annual settlements with the several county treasurers, give them each a warrant on the state treasury for the state school revenues collected in their respective counties, the amount of which shall be re- tained by said treasurers, and when the superintendent of public instruction shall have made his semi-annual appor- tionments of school revenue for tuition to the several coun- ties of the state, the auditor of state shall draw his warrant upon the state treasury to the respective county treasurers to which there may be due a greater amount than the state school revenue which has been collected in said counties, and for which a warrant as hereinbefore provided has been issued to them, and said county treasurers to whom war- rants have been issued at the semi-annual settlements for iTzore than their distributive share of said school revenue shall, upon notice being given them thereof by the auditor of state, forthwith pay such excess into the state treasury. (R. S. 1908, 6473.) [1865, p. 3. Approved March 6, 1865.] 332. Unapportioned balances. 117. If at any time, from any cause whatever, an unapportioned balance of school revenue shall appear in the state treasury, other than that which is nominally therein at the passage of this act !J SCHOOL LAW OF INDIANA. the superintendent of public instruction shall add said bal- ance to the sum to be apportioned, and apportion it at the next succeeding apportionment after such balance so ap- pears. (R. S. 1908, 6474.) [1897, p. 291. Approved March 8, 1897.1 333. County* auditor's apportionment. 118. The audi- tor of each county shall, semi-annually, on the second Mon- day of July and on the last Monday in January make ap- portionment of the school revenue, to which his county is entitled, to the several townships and incorporated towns and cities of the county ; which apportionment shall be paid to the school treasurer of each township and incorporated town and city by the county treasurer. In making the said apportionment and distribution thereof, the auditor shall ascertain the amount of the congressional township school revenue belonging to each city, town or township, and 'shall apportion the other school revenue, so as to equalize the amount of available school revenue for tuition to each city, town and township, as near as may be, according to the enumeration of children therein, and report the amount ap- portioned to the superintendent of public instruction, veri- fied by affidavit: Provided, however, That in no case shall the income of the congressional township school fund be- longing to any congressional township, or part of such town- ship, be diminished by such apportionment, or diverted or distributed to any other township: Be it also provided, That in oiaking the said apportionment and distribution of the state tuition revenues apportioned to the county by the superintendent of public instruction, in case any school cor- poration shall not have expended for tuition purposes in any school year an amount as great as the amount of state tuition revenue apportioned and distributed to said corpo- ration by the auditor for said school year, then it shall be the duty of the aiiditor, at the first apportionment, after the annual report of the receipts and expenditures of said school corporation shall have been filed with the county commis- sioners, to deduct from the whole amount of state tuition revenue apportioned to said school corporation an amount SCHOOL LAW OF INDIANA. 231 equal to the difference between the amount of state tuition revenue apportioned and distributed to said school corpora- tion for use in such school year, and the whole amount shown by such annual report to have been actually expend- ed for tuition purposes, and there shall be paid to the treas- urer of said school corporation the sum remaining after such ainount shall have been deducted, and the county auditor shall include all such deductions in his report to the state superintendent of public instruction as tuition revenue col- lected in his county and ready for distribution at the next apportionment: Provided, That funds arising from the local tuition tax shall not be considered in making the de- ductions provider] for in this section, nor included in the said report to the state superintendent of public instruction. Any neglect or failure of any auditor to comply with the provisions of this section of this act shall be and constitute a misdemeanor, and upon conviction of any such auditor of the violation thereof, lie shall be fined in any sum not less than the amount of such unexpended balance nor more than double the amount thereof. (R, 8. 1908, 6475.) [1905, p. 34. Approved February 24, 1905.) 334. State tax levy. 1. There shall be in the year 1907, and annually thereafter, assessed and collected as state and county revenues are collected, thirteen cents and six mills on each one hundred dollars worth of taxable property, real and personal, in this state, and in addition thereto a poll tnx of fifty (50c) cents upon each legal voter in the state, which money when collected shall be paid into the state treasury for a common school tuition fund, and shall be ap- portioned to the several counties in the manner provided in said act, section one of which is hereby amended. (R. S. 1908, 6432.) As amended 1907, p. 505. 335. Apportionment among counties. 2. The state su- perintendent of public instruction shall, on the days fixed by law for his apportionment of the school revenue, in each year, add to the sum total of said revenue, in readiness in each county for apportionment, any amount in the state 232 SClfOOL LAW OF INDIANA. treasury ready for apportionment, together with 94.8 per cent, of the sum collected by virtue of the levy provided for in section one of this act; and, after said addition, the superintendent shall apportion the whole of said sum to the several counties of the state, according to the last enumera- tion of children therein, with due reference to the diminu- tion provided for by law. (K. S. 1908, 6433.) 336. Distribution of 5.2% of fund. 3. A sum equal to 5.2 per cent, of the amount collected under the levy provided for in section one of this act, shall be a fund to be distrib- uted as hereinafter provided. (E. S. 1908, 6434.) 337. Town or township deficiency Certificate. 4. Whenever any trustee of a township or board of trustees of any school town shall ascertain that there is not a sufficient amount of tuition revenue in his or their hands to enable him or them to maintain the public schools therein for the minimum term now or hereafter provided by law in such current school year, he or they, as the case may be, shall certify in writing under oath such fact to the county super- intendent of his or their county, stating therein the rate of the levy for local tuition purposes on each one hundred dollars, and the taxes on each taxable poll made for the sup- plementary tuition tax by such township or school town in the year immediately previous to the school year in which such deficiency occurs, or will occur; also, stating the full amount received for tuition from each source, the names and number of teachers employed, the rate per diem paid them, the number of days each has taught and when he be- gan teaching, and an estimate of the amount that will be necessary over and above the tuition revenue then on hand to complete such legal minimum term of all the public schools in such school corporation. Said certificate shall be executed in duplicate. Said county superintendent shall im- mediately examine such certificate, and if he shall find the facts stated therein to be true, and shall further find that such school corporation has levied the highest amount au- thorized by law for such school municipality as supplemen- SCHOOL LAW OF INDIANA. 233 tary tuition tax for the year in which such deficiency will occur, he shall forward one of such certificates to the state superintendent of public instruction, together with the re- sult of his examination, and with the name and postoffice address of such township trustee or the treasurer of such school corporation. (B, S. 1908 ? 6435.) 338. Superintendent and auditor Duties. 5. Upon re- ceipt of such statement from the county superintendent, the said superintendent of public instruction shall issue an order on the auditor of state in favor of such school corpora- tion, if there be funds in the state treasury available for that purpose, for the amount necessary to bring the school term of said township or school corporation up to the minimum legal term, specifying the name of the trustee of such town- ship, or the treasurer of said town, and his postofftce ad- dress. And the auditor of state shall at once draw a war- rant on the treasurer of state, payable out of the fund pro- vided for in section 3 of this act in favor of said township or town, payable to the trustee of such township or treasur- er of such town, and mail the same to him: Provided, No such township trustee or treasurer of such school town shall be entitled to draw or receive the funds provided in this act unless said township trustee or school board of trustees has levied a local tuition tax of at least twenty- five cents on $100.00 of taxable property in such township or school town: And providing, That where any such school trustee or corporation is maintaining a seven months' term of school and finds the amount of tuition revenue insufficient for such purpose, such trustee or the treasurer of such school corporation shall be entitled to draw or receive the funds provided in this act in the event only such trustee or school board has levied a local tuition tax of not less than forty cents on $100.00 of taxable property in such township or school town. (As amended 1907, p. 449, B. S. 1908, 6436.) 339. Uses of fund. 6. Said township trustee or school board of trustees shall use the amount so received from the 234 SCHOOL LAW OF INDIANA. state for the payment of the salaries of teachers employed in his township or their town to enable him or them to main- tain schools therein for the full term as required by law during the year for which it was received, and shall use it for no other purpose. (R, S. 1908, 6437.) 340. Liability for fund. 7. The township trustee, or treasurer of any town school board and the sureties on their bonds receiving such funds from the state, shall be liable for Lhe same as for any other township or school funds they may receive in- an official capacity. (R. S. 1908, 6438.) 341. Surplus. 8. Whatever unused surplus shall re- main of the fund provided in section 3 of the act hereby amended at the close of any fiscal year shall be and remain a part of the common school tuition fund of the state. (As amended 1907, p. 449, R. S. 1908, 6439.) [1865, p. 139. Approved March 21, 1865.1 342. Interest on sinking fund. 1. All interest accrued or accruing on the sinking fund, or any other fund, held by this state for the benefit of the common schools of this state, on and after the first day of January, one thousand eight hundred and sixty-five, is hereby set apart for distribution as other revenues are distributed, for the support of the common schools of this state. (R, S. 1908, 6476.) [1897, p. 178. Approved March 6, 1897. | 343. Surplus dog tax fund. 13. The trustee shall reg- ister all losses in the order in which they are reported : Pro- vided, That no person shall receive pay for sheep, horses, cattle, swine or other live stock or fowls killed or maimed by any dog or dogs owned or^ harbored by himself: Pro- vided, further, That "the dog fund heretofore collected shall be added to and applied with the fund arising under the provisions of this act. And when it shall so occur on the first Monday of March of any year in any township in the State of Indiana that said fund shall accumulate to an amount exceeding one hundred dollars over and above or- SCHOOL LAW OF INDIANA. 235 ders drawn on the same, the surplus aforesaid shall be paid and transferred to the county treasurer of the county in which such township is located and the fund arising from such surplus from the township of the county shall consti- tute a county dog fund and shall be distributed among the townships of the county in which the orders drawn against the dog fund exceed the money on hand. This distribution shall be made on the second Monday in March of each year, and if said county dog fund be insufficient to pay for all the live stock or fowls maimed or killed by dogs of all the town- ships the distribution shall be made in the ratio of the or- ders drawn against the dog fund of the townships and un- paid and unprovided for, which ratio shall be obtained from the report of the trustees of the townships made to the au- ditor of the county which is hereby directed shall be made by each township trustee of the county upon the first Mon- day of March of each year, which report shall show all re- ceipts into the dog fund of his township, and all orders drawn against the same in the order in which they were drawn. And when it; shall occur again upon the second Monday in March of any year that there is a surplus left of the county dog fund after provisions have been made for the payment for all the live stock or fowls killed or maimed, of all the townships of the county, such surplus shall be dis- tributed for the schools of the county in the same manner the common school revenue of such county is distributed. (E. S. 1908, 3270.) 1. Tov, NS AMD CITIES. A town or city \vithin a township is entitled to its proportionate sliare of tho surplus dog fund. Taggart v. State, 142 Ind. 008 (overruling School City of South Bend v. Jaquith, 90 Ind. 495) ; Maloy v. Madget, 47 Ind. 241. Soe Flower v. State, 133 Ind. 453. 236 SCHOOL LAW OF INDIANA. CHAPTER XVl THE FUND. SBC. 344. What constitutes. 345. Estrays and property adrift. 346. Hydrophobia fund County Auditor. 347. Counties liable. 348. Account of fund. 349. Custody of lands. 350. Leasing lands. 351. Divided school section. 352. Boundaries of township 1 . 353. School township, when county lines divide. 354. Auditor's statement as to children. 355. Auditor's duty. 356. Account and distribution. 357. Duties of the other Auditor. 358. Account Re-adjustment. 359. Power of Trustee. 360. Sale of school lands. 361. Proceedings to sell. 362. Ballots. 363. Results of election. 364. Certificate of vote. 365. Trustee's duty. 366. Order and conduct of sale. 367. Terms of sale Timber. 368. Forfeiture Re-sale. 369. Forfeiture, how prevented. 370. Forfeiture Liability for waste. 371. Suit for waste. 372. Private sale. 373. Re-appraisement. 374. Advertisement of funds. 375. Re-appraisement of forfeited lands. 376. Appropriation by Commissioners. 377. Certificate of purchase. 378. Rights of purchaser. 379. Failure to make first payment Penalty. 380. Assignment. 381. Def ecti v e assignment Proceedings . 382. Loan of purchase money. 383. Payments. 384. Lost certificate. 385. Purchase money, where paid. 386. Duty of Auditor. 387. Deed. 388. Sale Legalizing. 389. Title, when complete 390. Sale had without vote. 391. Compensation on failure of title. - 392. Lands of surplus revenue fund How sold. 393. Interest Judgment. 394. Advertisement of funds. 395. County Auditor Penalty. 396. Auditor's duty. 397. Appraisement. 398. Duty of appraisers. SEC. 399. 400. 401. 402. 403. 404. 405. 406. 407. 408. 409. 410. 111. 412. 413. 414. 115. 416. 417. 418. 419. 420. 421. 422. 423. 424. 425. 126. 427. 428. 429. 430. 431. 432. 433. 434. 435. 436. 437. 438. 439. 440. 441. 442. 443. 444. 445. 446. 447. 448. 449. 450. 451. 452. 453. Loans outside of county. Oath of applicant. Time of loan. Loan of school and university funds. Limit of loan. Percentage of value of land. Length of time. County may borrow. Note of county County Council. Auditor's warrant. Rate of interest. Payment of loan. Transfer from one county to another. Certificate as to heirs. Acknowledgements and oaths. Record of mortgages. Auditor's duty. Fees. Interest unpaid Auditor's duty. Collection on default. Fund to be specified. Form of mortgage. Form of note. Warrant to borrower. Payments Quietus . Indorsements and satisfaction. Suit for deficiency. Notice of sales. Manner of sale Surplus. Auditor's bid. Sale of lands bid in. Deed by Auditor. Statement of sales. Title in state without deed. Conveyance to county. Suit to foreclosure. Purchase by county. Lease of land purchased. Sale of land Appraisement. Act supplemental. Satisfaction of mortgage. Annual report. Duty of boards. Board's report. Disposition of report. Apportionment of loans. Miscellaneous school fund account. Distribution and report. Penalty against Auditor. School funds Expense in making loans. Repeal of order. Appropriations County Council . Real estate sales legalized. SCHOOL LAW OF INDIANA. 237 [1865, p. 3. Approved March 6, 1865.] 344. What constitutes. The funds heretofore known and designated as the surplus revenue fund, all funds here- tofore appropriated to the common schools, the Saline fund, the bank tax fund, the fund which has been derived or may be derived from the sale of county seminaries and the prop- erty belonging thereto, the moneys and properties hereto- fore held for such seminaries, all fines assessed for breaches of the penal laws of the state, all forfeitures which may accrue, all lands and other estate which shall escheat to the state for want of heirs or kindred entitled to the inheritance thereof, all lands which have been granted, or may be grant- ed hereafter, to the state, when no special object is ex- pressed in the grant, the proceeds of the sales of the swamp lands granted to the state of Indiana by the act of congress of September, 1850, the taxes which may be assessed from time to time upon the property of corporations for common school purposes, and the fund arising from the one hundred and fourteenth section of the charter of the state bank of Indiana, shall be denominated the "common school fund.' H The fund derived from the sale of congressional township school lands, and the unsold congressional township school lands, at the reasonable value thereof, shall be denominated the "congressional township school fund," and shall never be diminished in amount, the income of which, together with the taxes mentioned and specified in the first section of this act, the money and income derived from licenses for the sale of intoxicating liquors, and unclaimed fees, as provided by law, shall be denominated the "school revenue for tuition," the whole of which is hereby appro- priated, and shall be applied exclusively to furnishing tui- tion to the common schools of the state, without any de- duction for the expenses of collection or disbursement. (R. S. 1908, 6182.) 1. Two DISTINCT FUNDS. This section, in conformity with the deci- sions cited under section 1, provides that there shall he two distinct funds, the "common school fund" and the "congressional township school fund," which must be kept apart and managed separately (482). Under the for- mer title are consolidated all the funds named in the constitution, except 238 SCHOOL LAW OF INDIANA. the congressional township fund, and in addition thereto "all funds here- tofore appropriated to common schools," referring to all moneys arising from the sale of estray animals, and property taken up adrift, which were 1 by an act approved January 15, 1844 (480), transferred to the common school fund of the county to be ratably apportioned among the several school districts thereof. Neither of these funds shall ever be diminished, for the terra common school fund in the constitution includes both. Davee v. State, 7 Ind. App. 71. [1844, p. 86. Approved and in force January 15, 1844. [ 345. Estrays and property adrift. 1. All moneys aris- ing from the sale of estray animals and property taken up adrift, so soon as the same shall have vested absolutely in any county, shall be by the proper officers transferred to the common school fund of the county, and shall be ratably apportioned amongst the several school districts [corpora- tions] thereof. [1911, p. 161. Approved March 2, 1911.] 346. Hydrophobia fund County auditor. 1. The county auditor shall annually on the first of April of each year pay to the state auditor five per cent, of the sur- plus dog tax collected from the townships of the county. The amount received from all county auditors shall consti- tute a state hydrophobia fund in the state treasury: Pro- vided, That if at the end of the fiscal year such fund shall exceed three thousand dollars ($3,000) the surplus^ shall be turned into the school fund of the state. The remaining sections of this act relate to the treatment of hydro- phobia by the state authorities. [1865, p. 3. Approved March 6, 1865.] 347. Counties liable. 3. The several counties of this state shall be held liable for the preservation of so much of said fund as is intrusted or may have been intrusted to them, and for the payment of the annual interest thereon, at the rate established by law, the payment of which inter- est shall be full and complete every year, and shall so ap- pear in the auditor's report to the superintendent of public instruction; and the said superintendent shall, at any time, when he discovers, from the report or otherwise, that there SCHOOL LAW OF INDIANA. 239 is a deficit in the amount collected, for want of prompt col- lection, or otherwise, direct the attention of the board of county commissioners and the county auditor to the fact, and said board of commissioners are hereby authorized and required to provide for such deficit in their respective counties. (E. S. 1908, 6184.) 1. INTLKE&T. This section is designed to carry out the requirements of the constitution (6). The interest on the school funds is at the rate of six per cent. 2. DEFICITS MADE UP. The board of county commissioners is required to make up losses to both the principal and interest of the funds, at their June meeting (547), by authorizing the auditor to draw a warrant for the amount of the deficit upon the general fund of the county in favor of the particular school fund found deficient, and upon failure of the board so to act they become liable to an action in the name of the state upon the relation of the superintendent of public instruction, who may notify the proper prosecuting attorney to bring such action. 348. Account of fund. 151. The county auditors of the several counties of this state shall, immediately upon the taking effect of this act, open an account upon their books with each of the congressional townships of their respective counties whose funds -are managed by them, and transfer to such account from the common school fund account the principal of the congressional township fund, as it existed before its consolidation with the common school fund, and shall thereafter keep a separate account of the principal and interest of the congressional township fund of each township. (E. S'. 1908, 6185.) 1. SEPARATION OF FUNDS. This section requires the separation of the congressional township fund from the common school fund, with which it had been consolidated by the school law of 1852 in accordance with the con- stitution (1). But the courts have held that the proceeds of the sale of the school sections could not be diverted from the use of the inhabitants of the congressional townships, to whom they had been granted by the United States. State v. Springfield Tp., 6 Ind. 83; same, 22 How. U. S. 56; Quick v. Whitewater Tp., 7 Ind. 570; Quick v. Springfield Tp., 7 Ind. 636. 2. PEOCEEDS OF LA:NDS. When the school sections have been sold the proceeds of the sale are managed by the county auditor, and the interest thereon distributed by him through the county treasury to the proper school trustees. Davis v. State, 44 Ind. 38; affirmed, 94 (4 Otto) U. S. 792. 240 SCHOOL LAW OF INDIANA. [1873, p. 79. Approved March 7, 1873.] 349. Custody of lands Report of income. 44. The cus- tody and care of all lands belonging to the congressional township fund shall be with the trustee of the civil town- ship in which the same shall be situated; who shall report, annually, to the auditor, by the fourth Monday in March, the annual income derived therefrom, to the township. And the report shall embrace a fully itemized statement of his rent account of such lands; to whom and for what amount the same was rented to each tenant; and whether the rents have been collected or not; and if any portion has not been collected, he should state fully the reasons why the same has not been collected. Any trustee who has here- tofore failed and neglected to so report shall embrace in his first report such itemized statement and showing for each preceding year not so reported, whether by himself or his predecessors; and the amount of school funds for any year, to which such township might otherwise be entitled, shall be withheld, and not paid over to such trustee, if the rental value of such lands for such terms shall equal or ex- ceed the township's otherwise portion of the school fund; and it shall be the duty of such trustee to pay into the county treasury all rents collected and reported by him as aforesaid. (R, S. 1908, 6186.) 1. RENTS DISTRIBUTED. The rents of school lands shall be paid into the ccunty treasury, to be distributed by the auditor together with, and in the same manner as, the interest on the congressional township fund. And a township trustee who fails to pay the rents into the county treasury, as therein required, is, with his county, liable on his bond for the amount, with ten per cent, damages, in a suit in the name of the state on relation of the board of commissioners. Davis v. State, 44 Ind. 38 ; Davis v. In- diana, 04 U. S. (4 Otto) 792. 350. Leasing lands. 45. He shall have power, when directed so to do by a vote, or by the written direction of a majority of the voters of the congressional township to which the same belongs, to lease such lands for any term not exceeding seven years, reserving rents, payable in money, property, or improvements upon the land, as may be direct- ed by a majority of such voters. (R, S. 1908, 6187. ) SCHOOL LAW OF INDIANA. 241 351. Divided school section. 46. When the sixteenth section, or the section which may be granted in lieu thereof, shall be divided by a county or civil township line, or where the substituted section lies in any other county in the state, the voters of the congressional township to which the same belongs shall designate, by vote or by the written direction of a majority, the trustee of one of the civil townships in- cluding n part of said section, to have the care and custody of said section, and to carry out the directions of the voters of the township in relation thereto; and the trustee so des- ignated shall have the same powers and perform the same duties as if the entire section was situated within the limits of the civil township, and receive from the county treasurer the revenue derived from funds accrued from said sale. (R. S. 1908, 6188.) 352. Boundaries of townships. 148. The county com- missioners of each county are required to conform the boun- dary of their civil townships to those of congressional townships, so far as it is practicable to do so. (R. S. 1908, 6189.) [1877, p. 66. Approved March 12. 1877.] 353. School township, when county lines divide. 1. Where county lines divide a congressional township, the proper officer in the county in which the congressional School lands are situated, or would be situated if unsold, shall control such lands and the funds arising therefrom, as in -this act is provided. (R. S. 1908, 6190.) 354. Auditor's statement as to children. 2. When the enumeration is made of children, under the school laws, the auditor of each county shall furnish to the auditor of the other a statement showing the number of children in each congressional township; and to enable him to do this cor- rectly, the person or officer making the enumeration shall correctly state the number of children in the congressional township so divided by county lines. (R, S. 1908, 6191.) [1627277] 242 SCHOOL LAW OF INDIANA. 355. Auditor's duty> 3. The auditor of the county hav- ing control of the fund shall open an account with the other county as to each congressional township, and credit said other county with all money on hand, all securities for lands sold, and, if any lands be unsold, with the proceeds when sold; and, from time to time, as money comes in, shall credit such county with such money that is to say, shall divide such money pro rata on the basis of such enumeration and enter the credit; and shall pay over such money, be it little or much, to the treasurer of such other county, file his receipt with the auditor and take a quietus, and so continue until the whole portion due such other county is paid over. Such payments shall be made quarterly, to correspond with the fiscal year. (R. S. 1908, 6192.) 356. Account and distribution. 4. Such auditor to the county controlling such lands and fund shall also open an account with such lands and with the township in his own county divided by county line, and shall debit and credit such accounts as he receives money or securities from sales or collections from lands forfeited and resold, and all ex- penses in full and regular order of entry and accounting, so he can tell, at any time, the condition of the lands, funds and securities. He shall collect in, as fast as possible, all moneys outstanding, make proper distribution as per enu- meration, and credit the proper account in said county, and continue to pay over to the other county; as above provided, until each county has its proper proportion of said funds. (R. S. 1908, 6193.) 357. Duties of the other auditor. 5. The auditor of such other county shall open an account with the proper town- ship in his county, and credit such fund as fast as received ; and, when in sufficient amount, shall loan the same as now required by law. Both auditors shall make a statement of the condition of the fund annually, at the end of the proper fiscal year, and file one copy with the superintendent of pub- SCHOOL LAW OF INDIANA. 243 lie instruction, lay one before the county commissioners (which latter shall be spread upon their record), and both shall be sworn to by the auditor. (R. S. 1908, 6194.) 358. Account Re-adjustment. 6. The process contem- plated by this act shall continue so long as any lands re- main unsold, or any securities are uncollected, and until each county shall have become possessed of its proper share of such fund in money, when the accounts here required to be kept shall be dosed and reported as aforesaid: Pro- vided, That in the year 1890, and every two years there- after, there shall be a readjustment of said fund belonging to such congressional township, upon the basis of the num- ber of children enumerated in each part of such congres- sional township, as hereinbefore provided; and the auditor having a surplus of such fund, according to such basis, shall pay to the treasurer of the county interested the amount of money due said county upon the per capita basis then exist- ing. For the services here provided for, the auditor shall be allowed the same fees for records, certificates and other labor, as is allowed by law for other similar services. (R. S. 1908, 6195.) 1. The auditor's fee must be paid out of the general fund of the county. Hanlon v. Board, 53 Ind. 123. [1865, p. 3. Approved March 6, 1865.] 359. Power of trustee. 47. The proper trustee shall have all the rights and powers of a landlord, in his official name, in coercing fulfillment of contracts relating to such lands, and preventing waste or damage, or for the recovery of the same when committed. (R. S. 1908, 6196.) 360. Sale of school lands. 48. At any time when five voters of any congressional township shall, by petition to the trustee having charge of the school lands belonging to such township, set forth their desire for the sale of all or any part of the school land, the trustee shall give public notice, in five public places in such township, of the time and place in such township when and where balloting will 244 SCHOOL LAW OF INDIANA. be had to determine whether the lands shall be sold as pe- titioned for or not; which notice shall be given at least twenty days before the time specified therein. (R. S. 1908, 6197.) 1. WHEN PETITION NECESSARY, A petition is only necessary where land is sold the first time, and is not necessary where it is sold to recover the purchase money. McPheters v. Wright, 110 Ind. 519. 361. Proceedings to sell. 49. A copy of such petition shall be entered on the book containing the record of the proceedings of such trustee; and his action thereon shall, also, be recorded. (R. S. 1908, 6198.) 362. Ballots. 50. If a voter favor the sale of such lands, he shall write on his ballot the word "sale;" if he opposes the sale, he shall write the words "no sale." (R. S. 1908, 6199.) 363. Results of election. 51. No sale shall be allowed unless a majority of all the votes cast at such election shall be in favor of such sale; nor unless the number of votes constituting such majority shall exceed fifteen. (R. S. 1908, 6200.) 364. Certificate of vote. 52. The trustee shall attend at the time and place specified, and shall make out a certificate showing the number of votes given for and against the sale ; which shall be signed by him and filed in his office; and he shall enter the same upon his record-book. (R. S. 1908, 6201.) 365. Trustee's duty. 53. S'aid trustee, if satisfied that a majority of all, and more than fifteen, voters have voted for such sale, .shall enter the same on his record-book, and proceed- First. To divide the lands, so voted to be sold, into such lots as will secure the best price. Second. To affix a minimum price to each lot, not less than one dollar and twenty-five cents per acre, below which it shall not be sold. SCHOOL LAW OF INDIANA. 245 Third. To certify such division and appraisement to the proper county auditor, together with a copy of all his pro- ceedings in relation to the sale of said lands. (R. S. 1908, 6202.) 366. Order and conduct of sale Fee. 54. Such certifi- cate and return shall, by such auditor, be laid before the board of county commissioners, at their first meeting there- after; and said board, if satisfied that the requirements of the law have been substantially complied with, shall direct such lands to be sold; which sale shall be conducted as fol- lows: First. It shall be made by the auditor and treasurer. Second. Four weeks' notice of the same shall be given, by posting notices thereof in three public places of the town- ship where the land is situated, and at the court house door, and by publication in a newspaper printed in said county, if any otherwise, in a newspaper of any county in the state situated nearest thereto. The sale shall be made by the au- ditor, at public auction, at the door of the court house of the county in which the land is situated, and the treasurer shall take an account thereof; and each of said officers, for making such sale, shall receive a -fee of one dollar, to be paid by the purchaser. (R. S. 1908, 6203.) [1875, p. 134. Approved March 9, 1875.] 367. Terms of sale Timber. 55. One-fourth of the purchase-money shall be paid in hand and the interest for the residue for one year in advance, and the residue in ten years from such sale, with like interest annually in advance ; and deferred payments shall be regarded as a part of the congressional township school fund, and reported as such by the auditor to the superintendent of public instruction: Provided, That when one-fourth part or more of the value of the lands so sold, at the time of such sale, shall consist of the timber growing thereon, the terms of sale in such case may be as follows, viz. : At least one-half of the purchase- money cash in hand, and interest for the residue for one year in advance, and the residue in annual payments in not 246 SCHOOL LAW OF INDIANA. exceeding ten years from such sale, with like interest an- nually in Advance; arid in such case the terms of sale shall be set forth in the notice provided for in the preceding sec- tion: And provided further, That whenever the purchaser of any such land shall be proceeding to cut or remove, or threaten to cut or remove, from such lands, so sold, timber growing or being thereon, to such an extent that the land, after the cutting or remova] of such timber, shall not be equal in value to the amount of purchase-money, with in- terest then remaining unpaid, it shall be the duty of the trustee of the civil township in which such land is situated (and he is hereby authorized and empowered) to commence and maintain an action, in the name of such township, in the circuit court of the county, to restrain and enjoin the fur- ther cutting or removal of such timber. (R. S. 1908 6204.) 1. COUNTY LIABLE *OH INTEREST. The county is chargeable with in- terest on the entire amount of the price of the land, and the default of a purchaser of the land in paying deferred installments, and its conse- quent forfeiture of the land to the school fund, does not relieve the county of liability for interest on the full amount. Board of Commissioners v. State, 120 Ind. 442. 2. INJUNCTION. It is the duty of the prosecuting attorney to bring the suit for an injunction, at the request of the trustee. Baldwin, Atty.- Oen. [1865, p. 3. Approved March 6, 1865.1 368. Forfeiture Resale. 56. On failure to pay such annual interest when it becomes due, the contract shall be- come forfeited, and the land shall immediately revert to the township; and the auditor and treasurer shall proceed, forthwith, again to sell the same, in like manner and on the terms above specified. If, on such second sale, such land shall produce more than sufficient to pay the sum owing therefor, with interest and costs, and five per cent, damages, the residue shall, when collected, be paid over to the pur- chaser or his legal representative. (R. S. 1908, 6205.) 369. Forfeiture, how prevented. 57. At any time be- fore the sale, payment of the interest due and all costs, to- gether with two per centum damages on the principal sum SCHOOL LAW OF INDIANA. 247 and interest due and owing for said land, sliall prevent such sale and revive the original contract. (R. S. 1908, 6206.) 370. Forfeiture Liability for waste. 58. In case of such forfeiture, the original purchaser may be sued for waste or unnecessary injury done to such land. (R. S. 1908, 6207.) 371. Suit for waste. 59. Such suit shall be prosecuted by the auditor, in the name of the state, for the use of the proper congressional township. (R. S. 1908, 6208.) 372. Private sale. 60. When any land offered for sale at public auction shall remain unsold, the county auditor may dispose of the same at private sale for the best price that can be had therefor, not being less than the minimum price affixed thereto. (R. S. 1908, 6211.) 1. WHEN SALE AUTHORIZED. This section authorizes a private sale only where the land has beeii offered for ^ale at public auction and re- mains unsold. McPhetcrs v. Wright, 110 Ind. 519. 373. Reappraisement. 61. After the expiration of the term of four years after any appraisement and offer for sale of any lands in this state belonging to any township for school purposes, and such lands remain unsold, it shall be lawful to reappraise, sell and dispose of said lands in the same manner that they would have been had such lands not been previously offered for sale: Provided, however, That such appraised value shall not be below the minimum price now fixed by law. (R. S. 1908, 6212.) [1883, p. 75. Approved March 3, 1883.1 374. Advertisement of funds. 1. Whenever, in any county of the state of Indiana, the school fund, or any part of the school fund, apportioned to such county to be loaned out, remains unloaned, it shall be the duty of the auditor of said county to advertise, in the months of January, April, July and October, for three consecutive weeks, in a weekly newspaper published in said county, that such amount of 248 SCHOOL LAW OF INDIANA. school fund remains unloaned, and that applicants for loans can secure the same by applying at his office and fulfilling the requirements of the law under which he is authorized to loan out the school fund. (R. 8. 1908, 6253.) [1883, p. 79. Approved March 3, 1883.] 375. Reappraisement of forfeited lands. 1. All lands which have become forfeited and have reverted, or may hereafter be forfeited and revert to the various townships in the several counties of this state, for failure to pay the interest or principal of the amount due thereon to the school fund, and which have remained or hereafter remain unsold for the period of three years, by reason of the amount due thereon being in excess of the values of said lands, may be reappraised and sold for a sum not less than said reap- praised value thereof; and such reappraisement and sale to be made in the same manner and upon the same terms and conditions as is now prescribed by law for the appraisement and sale of such lands. (E. S. 1908, 6209.) 1. To WHAT LAND APPLiABLE. This section relates to the sale of con- gressional township lands, and it has no reference to the right of the county to be reimbursed for interest paid on loans out of the proceeds of a sale under a mortgage after the principal has been paid to the state. Board v. State, 122 Ind. 332. 376. Appropriation by commissioners. 2. Upon the sale of such lands as provided for in the preceding section of this act, the board of county commissioners of the several counties in which said lands are situated may make an ap- propriation, from the general county funds, a sum equal to the difference between the amount for which said lands shall have been forfeited and the amount for which such lands shall have last sold; said sum appropriated to be placed to the credit of the proper fund and loaned as other school funds are loaned. (E. S. 1908, 6210.) 377. Certificate of purchase. 62. A certified statement of such sale shall be made and signed by the auditor, and, being first recorded by such auditor in the records of the SCHOOL LAW OF INDIANA. 249 board of county commissioners, shall be delivered to the purchaser when he makes his first payment, and shall en- title him to a deed when the terms of such purchase shall have been fully complied with. (R. S. 1908, 6213.) 378. Rights of purchaser. 63. Every purchaser, until forfeiture, shall be entitled to all the rights of possession before existing in such trustee or township, and to all rights and remedies for rents becoming due or breaches of cove- nant occurring after his purchase under any lease existing at the time of his purchase, and for all waste committed thereafter. (R. S. 1908, 6214.) 379. Failure to make first payment Penalty. 64. A purchaser at such sale failing to make the first payment as above required shall pay ten per centum on the sum bid, to be recovered by action before any court having jurisdic- tion, to be prosecuted by the county auditor in the name of the state for the use of the proper township; and the auditor and treasurer shall be competent witnesses. (R. S. 1908, 6215.) 1. TENDED OF DEED. In a suit to recover the filial installment of pur- chase money, a deed should be first made and tendered. Johnson v. State, 74 I nd. 5SS. 380. Assignment. 65. No assignment of a certificate shall be valid unless acknowledged before some officer au- thorized to take acknowledgments of deeds or before the county auditor, who shall, in all such cases, record the same. Assignments of certificates heretofore made before any offi- cer authorized to take acknowledgments of deeds, when re- corded, shall be as valid as if acknowledged before the county auditor. (R. S. 1908, 62 16.) [1863, p. 11. Approved February 27. 1863.] 381. Defective assignments Proceedings. 1. When- ever the certificate of the school commissioner or auditor of any county of this state, issued for land sold, has been as- signed by any person without a proper acknowledgment before the county auditor or other proper officer, or assigned 250 SCHOOL LAW OK INDIANA. by delivery, and such assignor is deceased, any assignee of such certificate, claiming title to the land described there- in, may file his complaint in the proper circuit court, mak- ing the county auditor and the heirs of such deceased as- signor parties thereto. If it shall be proved to the satis- faction of the court that the plaintiff, or any party to the cause, is the equitable owner of the land, and the purchase money has been fully paid to the school fund, the court shall direct the auditor to execute a proper conveyance to the plaintiff or other parties entitled thereto, although the cer- tificate has not been properly assigned or the assignment thereof properly acknowledged by the decedent. All other persons claiming any interest in the land may, on their ap- plication, be made parties and heard in the case. The au- ditor shall execute a conveyance, according to the directions of the court; and such conveyance shall vest in the grantee the title of said land as fully and to all intents and pur- poses as if the certificate had been legally assigned and the assignment properly acknowledged. (E. S'. 1908, 6217.) [1865, p, 3. Approved March 6, 1865.] 382. Loan of purchase money. 66. When the residue of the purchase money becomes due, the purchaser may retain the same as a loan for a term not exceeding three years, on payment, annually made in advance, of the interest thereon, at the rate then established by law for the loans of such funds; but he shall receive no deed until full payment is made. (E. S. 1908, 6218.) 383. Payments. 67. Purchasers may, at any time be- fore due, pay a part or the whole of such purchase money. (E. S. 1908, |6219.) 384. Lost certificate. 68. When any such certificate shall be lost before a deed be made, on proof thereof by affidavit of the person interested, or other competent testi- mony, to be filed with the county auditor, and after three months' notice of intention to apply for a new certificate, given in some newspaper printed nearest to where the laud lies, such auditor may issue the same to the person entitled thereto. (E. S. 1908, 6220.) SCHOOL LAW OF INDIANA. 251 1. LOST CEBTIFICATE. If a certificate be lost a new one may be Issued to the purchaser, even to a grantee of the purchaser. Hmkle v. Margerum, 50 Ind. 240, 243. 385. Purchase money, where paid. 69. The purchase money and interest, and all costs and damages above pro- vided for, shall be paid to the treasurer of the proper coun- ty, and his receipt therefor filed, by the person paying, with the county auditor, who shall issue his quietus therefor. (E. S. 1908, 6221.) 386. Duty of auditor. 70. When such payment is in completion of any contract of sale, the amount of such re- ceipt shall be indorsed by the county auditor on the cer- tificate of purchase. (R. S. 1908, 6222.) 387. Deed. 71. On full payment for such land a deed shall be issued by the county auditor, and entered upon the record-book of the board of county commissioners. (R. S. 1908, 6223.) 1. ENTRY ON RECORD. The deed, before delivery, must be entered on the record-book of the county commissioners. Arnold v. Gaff, 58 Ind. 648. [1877, p. 139. Approved February 8, 1877.] 388. Sale Legalization. 1. In all cases where school lands have been sold and certificate has either been issued to the purchaser or entered of record in the proper office, or otherwise, so the purchaser entered into possession and paid part of . The auditor shall cause the deeds ex- ecuted to the county under the provisions of this act to be recorded in the recorder's office of the county. '(R. S. 1908, 6279.) 439. Sales legalized. 7. Any sales or conveyances made to any county in this state before the taking effect of this act are hereby legalized, and the title to any such real es- tate is declared to be fully vested in such county by such conveyance ("R, S. 1908, 6280.) 440. Act supplemental. 8. This act shall not amend, modify or repeal any law now in force concerning the man- agement, loan and sale of real estate on account of any 268 SCHOOL LAW 01 s INDIANA. school fund, but it shall be an additional provision for the collection of such funds, and the reimbursement of the counties entrusted therewith. (R. g. 1908, 6281.) [1901, p. 544. Approved March 11, 1901.] 441. Satisfaction of mortgages. 1. Whereas, there are a large number of school fund mortgages, which appear unsatisfied of record in the recorder's office in the various counties of the state of Indiana, which, in fact, have been paid, the auditor of any county in the state of Indiana, where such mortgaged lands are situated, when requested by the mortgagor or owner of the lands so mortgaged, shall make an examination of the ledgers or other records of his office, and compare such records with the receipts of mon- eys for school fund mortgages, in the treasurer's office of such county, and if, upon such examination and compari- son, and all facts known to him, or that come to his knowl- edge, he finds that such mortgage or mortgages appearing in the recorder's office of such county as unsatisfied of rec- ord, have, in fact been paid, such auditor of such county, where such mortgaged lands are situated, shall make entry of satisfaction upon the margin of the record in the record- er's office, showing the same to have been paid, for which services the mortgagor or owner of such lands shall pay to the auditor a fee of twenty-five cents, and also pay to the recorder his fee provided for releasing mortgages. (R. S. 1908, 6268.) [1865, p. 3. Approved March 6, 1865.1 442. Annual report. 103. County auditors and county treasurers shall annually report, in writing, to the boards of county commissioners of the respective counties, at the June sessions of said boards relative to the school fund held in trust by said counties, distinguishing in said reports between the congressional township and common school funds; indicating the amounts thereof; the additions to them within the current year then ending ; the sources from whence such additions are derived; the condition of them as to their safety, giving the amount thereof safely invest- SCHOOL LAW OF INDIANA. 269 ed, unsafely invested and uninvested, and loss at the date of said reports; giving also the amount of interest col- lected upon said funds within the year then ending, and the amount then due and unpaid. (R. S. 1908, 6285.) 443. Duty of boards. 104. The boards of county com- missioners shall, annually, at their June sessions, in the presence of the auditors and treasurers, examine said re- ports, the accounts, and proceedings of said officers in re- lation to said funds, and the revenue derived from them. They shall compare with said reports, the cash, the notes, mortgages, records, and books of said officers, with a view to ascertain the amount of said funds and their safety ; and to do whatever may be necessary to secure their preserva- tion and the prompt payment of the annual interest there- on as the same becomes due; and make up to said fund losses which have accrued or may accrue. (R. S. 1908, 6286.) 1. SUIT. An action may be brought in the name of the State on re- lation of the board of county commissioners to recover congressional school funds. Groves v. State, 9 Ind. 200 ; Butler Rogers v. Gibson, 15 Ind. 218. 444. Board's report. 105. Each board of county com- missioners, at said session, shall make out a report, in writ- ing, of the result of such examination, showing- First. The amounts of said funds at the close of last year. Second. The amount added from the sale of land within the year. Third. The number of acres of unsold congressional township school lands, and the approximate value thereof. Fourth. The amount added from fines and forfeitures. Fifth. The amount added by the commissioners of the sinking fund. Sixth. The amount added from all other sources. Seventh. The total amount of the funds. Eighth. The amount refunded within the year. Ninth. The amount reloaned within the year. 270 SCHOOL LAW Of INDIANA. Tenth. The amount safely invested. Eleventh. The amount unsafely invested. Twelfth. The amount uninvested. Thirteenth. The amount of fund lost since 1842. Fourteenth. The amount of interest collected within the year. Fifteenth. The amount of interest delinquent. And in such report said board shall distinguish between the congressional township fund and the common school fund ; and in its account of the interest or revenue derived from said funds, it shall observe the same distinction. ("R. S. 1908, 6287.) 445. Disposition of report. 106. Such report shall be entered on the records of said board; and copies thereof, signed by the members of the board, the auditor, and treas- urer, shall be transmitted to the auditor of state and the superintendent of public instruction. (R. S. 1008, 6^88.) 446. Apportionment of loans. 152. Where the whole of the school funds of a county have been loaned the auditor shall apportion to each congressional township a sufficient number of mortgages to cover the principal of its congres- sional township fund ; and where a part of the school funds only are loaned the auditor shall so apply a proportional amount; and the cash on hand, when loaned, shall be for the benefit of the congressional townships, respectively, to the amount of the entire principal of its congressional town- ship fund; and in all loans made after the taking effect of this act the note and mortgage shall specify the par- ticular fund borrowed. (R. S. 1908, 6289.) [1879, p. 102. Approved March 29, 1879.1 447. Miscellaneous school fund account. 1. It shall be the duty of the auditor in each county to open an account with the congressional township school fund, to be styled the "miscellaneous school fund account. " He shall trans- fer to said account, from each township account, all sums on hand at any time when a loan is solicited (provided the SCHOOL LAW OF INDIANA. 271 aggregate sums will equal the amount sought to be bor- rowed), and may lend such combined sums in one loan; which loan shall be numbered in consecutive order, and the securities shall each and all be indorsed with the number as "Miscellaneous Loan No. ," as the number may be; and he shall enter in the miscellaneous account, on the debit side, separately, the sums taken from the account of the several townships, so as to show the corresponding number of the loan, and credit the several township ac- counts with the same sum and the like number of loan. Thence on, as interest accrues and is paid in on such loan, he shall debit the several township accounts with the pro rata portion of such interest accruing to each; and when such loan is paid he shall distribute back to the township accounts the several sums originally transferred from each and debit the miscellaneous account accordingly, and bal- ance and close said account as to said loan. In all the entries throughout he shall keep each entry identified by the proper number belonging to that loan, and so of each combined miscellaneous loan, as contemplated in this act. (R. S. 1908, 6290.) 448. Distribution and report. 2. In all cases where dis- tribution is made of the school funds under the law now in force it shall include all money on hand, or which, accord- ing to law, should be on hand, not exceeding the interest on loans for one year, which shall be distributed in full, and no portion shall be omitted or retained; and the report made by the auditor shall show fully the amount actually on hand, as required and contemplated by law, and show the distribution of the same in full. (R. S. 1908, 6291.) 449. Penalty against auditor. 3. If any auditor fail or refuse to distribute and report such fund in full, as required by this act, he shall be liable to an action on his official bond. The superintendent of public instruction shall direct that action be brought upon the official bond of such de- faulting auditor, and the prosecuting attorney of the proper county shall bring such action. On finding against such 272 SCHOOL LAW OF INDIANA. auditor, judgment shall be entered for the sum so omitted by him to be distributed, with damages of 20 per centum thereon, which shall be for the use and benefit of the fund so omitted to be distributed. (R. S. 1908, 6292.) [1905, p. 25. Approved February 21, 1905.] 450. School funds Expense in making loans, 1. The county commissioners of any county in the state may, at their discretion, at any regular meeting of their own board, order that their county shall bear any or all the expense of appraisers, abstract of title and recording mortgage in making any or all loans of school funds. Thereafter, so long as such order is in effect, the county auditor shall meet the expenses covered by it in the same manner that he does other -expenses incurred by the county: Provided, That such expense shall not exceed one per cent, of such loan, but such expense shall not be paid unless loan be made. (R. S. 1908, 6257.) 451. Repeal of order. 2. At any subsequent regular meeting of said board the commissioners may, at their dis- cretion, repeal any part or all of such order or orders. (R. S. 1908, 6258.) 452. Appropriations County council. 3. When such orders shall exist the county council shall take them into consideration in making their regular appropriations. (R. S. 1908, 6259.) [1911, p. 149. Approved March 2, 1911.] 453. Real estate sales legalized. 1. That in all cases where lands have been mortgaged to the state of Indiana for the use of either the common school fund or the con- gressional township school fund and the mortgage fore- closed by decree of any court of competent jurisdiction and the land bid in by the county auditor on account of the fund for the use of which such mortgage was made ; and the same lands have thereafter been sold by such county auditor for a sum equal to or greater than the full amount of principal, SCHOOL LAW OF INDIANA. 273 interest, penalty and costs then due under such mortgage, but without an appraisement of said lands having been made as required by law and entered of record in said audi- tor's office; and such purchase price has been paid in full and such sale allowed to stand, without question by the state, for as many as twenty years next after the making thereof; such sale shall not be taken or held to be invalid for want of an appraisement of such lands prior to the sale thereof as aforesaid, nor for failure of any such county auditor to cause to be entered in his office a record of the proceedings in such matter leading up to the execution by him of the deed of conveyance for such lands, nor for any other irregularity or informality in the manner of making such sale; but every such sale, so made by any county audi- tor, shall be taken and held to be valid, and is hereby legal- ized and made valid, so that the county auditor's deed of conveyance in any such case, duly executed and entered of record in the records kept in his office, shall be effective to pass title to the lands described therein to the grantee named therein, in as full and complete manner as if such sale and conveyance had been made in strict and exact con- formity to the laws then in force authorizing such sales and prescribing the method and manner of making the same: Provided, however, That nothing contained in this act shall in any manner affect any pending litigation or the title to any lands involved in any past litigation growing out of any such sale thereof by any county auditor. [18272771 274 SCHOOL LAW OF INDIANA. CHAPTER XVII. SCHOOL INDEBTEDNESS BONDS AND NOTES. SEC. 454. Bonds for school buildings. 455. Use of proceeds. 456. Special tax. 457. Condition before building. 458. Surplus special school revenue. 459. Funding or refunding bonds. 460. Tax levy. 461. Bonds or notes. 462. Tax to pay bonds or notes. 463. Trustees give bond. 464. Additional bond issue. 465. Cities Second class Bond issue. 466. Bonds in series Time. 467. Tax for bond redemption. 468. Repeal. 469. Bond issue Towns or cities of 1 ,000 to 5,000. SEC. 470. Sale Bond for proper use of funds. 471. Special tax. 472. Surplus special school revenue. 473 . Towns not over 2,000 Funds for buildings- Bonds. 474. Refunding bonds. 475. Trustees' bonds. 476. Sale of property. 477. Special tax. 478. Surplus special revenue. 479. Towns not over 1,000 Bonds Tax. 480. How construed. 481. Township business Indebtedness Issue of bonds. 482. Duties of Advisory Board. [1873, p. 60. ApprovedlMarch 11, 1873.] 454. Bonds for school buildings. 1. Any city or incor- porated town in this state which shall, by the action of its school trustees have purchased any ground and building or buildings; or may hereafter purchase any ground and building or buildings; or has commenced, or may here- after commence, the erection of any building or build- ings for school purposes; or which shall have, by its school trustees, contracted any debts for the erection of such building or buildings, or the purchase of such ground and building or buildings; or such trustee shall not have the necessary means with which to complete such building or buildings, or to pay for the purchase of such ground and building or buildings, or pay such debt, may, on the filing by the school trustees of said city or town of a report, under oath, with the common council of such city, or the board of trustees of such town, showing the estimated or actual cost of any such ground and building or buildings, or the amount required to complete such building or build- ings, or purchase such ground and building or buildings, or the amount of such debt, on the passage of an ordinance SCHOOL LAW OF INDIANA. 275 authorizing the same by the common council of said city or the board of trustees of such town, issue the bonds of such city or town to an amount not exceeding in the ag- gregate fifty thousand dollars, in denominations not less than one hundred nor more than one thousand dollars and payable at any place that may be designated in the bonds (the principal in not less than one year nor more than twen- ty years after the date of such bonds, and the interest an- nually or semi-annually, as may be therein provided) to provide the means with which to complete such building or buildings, and to pay for the purchase of such ground and building or buildings, and to pay such debt. Such common council or board of trustees may, from time to time, nego- tiate and sell as many of such bonds as may be necessary for such purpose, in any place and for the best price that can be obtained therefor in cash: Provided, That such bonds shall not be sold at a price less than ninety-four cents on the dollar. (R. S. 1908, 6560.) 1. CONTRACT FOR GROUND. Under this section the bonds may be issued although the trustee has only contracted for the grounds or buildings. Williams v. Town of Albion, 58 Ind. 329. 455. Use of proceeds. 2. The proceeds of the sales of such bonds shall be paid to the said school trustees, to en- able them to erect or complete such building or buildings and pay such debt. But before payment to them, such school trustees shall file with the county auditor a bond, payable to the state of Indiana, in a sum not less than the full amount of the said money so to be paid to them, and with security to be approved by said auditor, conditioned for the faithful and honest application of such money to the purpose for which the same was provided; and such trus- tees, and their surety or sureties, shall be liable to suit on such bond for any waste, misapplication, or loss of such money in the same mariner as now provided for waste or loss of school revenue. (R. S. 1908, 6561.) [1875, p. 29. Approved March 1 1, 1875.] 456. Special tax. 3. In addition to levying the tax by cities or incorporated towns for general purposes, now au- 276 SCHOOL LAW OF INDIANA. thorized by law, the common council of any such cities, and boards of trustees of any such incorporated towns as shall avail themselves of the provisions of this act, are hereby authorized and required to levy, annually, a special addi- tional tax, at the same time and in the same manner as other taxes of such city or town are levied, sufficient to pay the interest and principal of said bonds falling due; which additional special tax shall be assessed and collected as the taxes for state and county revenue are assessed and col- lected. The treasurer of said city or town shall keep ac- curate account of the revenue arising from said special tax, and shall in his reports, when required by the city or town authorities, show the amount thereof received, the amount disbursed, and the amount thereof, if any, remaining delin- quent. He shall pay out the same only by the authority of the common council of said city or board of trustees of such town; and shall permit the same to be applied to no other purpose than the payment of the principal and interest of such bonds; and official bonds of city and town treasurers shall be construed to cover and include revenue arising from this source. Persons residing outside of any such city or town, and electing to be transferred to such town or city for educational purposes, or who shall send their children to the school taught in any such building, shall, with their property, be liable to such tax, as if they resided in such city or town, on all property owned by said person in the township where such city or town is located: Provided, al- ways, That nothing in this act shall be construed to prevent the school trustees of such town or city from admitting pu- pils into such schools from outside such city or town, in their discretion, upon the payment of tuition therefor, and without subjecting the property of their parents to such taxation, when such schools are not crowded and their ad- mission shall, in no way, interfere with the progress of the children within such city or town: Provided, further, That the additional special tax, hereby authorized, shall not, in any one year, exceed fifty cents on any one hundred dollars of taxable property and one dollar on each poll. (R. S. 1908, 6562.) SCHOOL LAW OF INDIANA. 277 1. LEVY OBLIGATORY. It is the duty of trustees to levy annually a special additional tax sufficient to pay the interest and principal of bonds issued for school buildings and falling due; arid where it appears that they have failed, neglected and refused to discharge their statutory duty, a writ of mandate is the proper legal remedy. Gardner v. Haney, 86 Ind. 17. [1879, p. 76. Approved and in force March 20, 1879.] 457. Condition before building. 1. Before the school trustees of any incorporated town or city in this state shall purcha.se any ground for school purposes, or enter into any contract for the building of any school building or build- ings, they shall file a statement with the trustees of such in- corporated town, or common council of such city, showing the necessity for such purchase of ground, or the erection of such building or buildings, together with an estimate of the cost of such ground or building or buildings, and the amount of means necessary to be provided to pay for such ground or building or buildings. And they shall not pur- chase any ground or enter into any contract for the build- ing of any school building or buildings, until such action be approved by the trustees of such incorporated town, or by the common council of such city: Provided, however, That there shall be nothing in this act so construed as to affect any purchase of grounds, or contract made for the erection of any building or buildings for school purposes, prior to the taking effect of this act. (E, S'. 1908, 6563.) [1879, p. 95. Approved March 31, 1879.) 458. Surplus special school revenue. 1. It shall be the duty of the board of school trustees of any city or incorpo- rated town in this state to pay over to the common council or board of school trustees of such city or town any surplus special school revenue in the hands of such school trustees, not necessary to meet current expenses; such excess of the revenue aforesaid to be applied for the payment of the in- terest or principal, or both, of any indebtedness incurred under the provisions of the act of March 8, 1873, authorizing cities and incorporated towns to negotiate and sell bonds to procure means to erect and complete unfinished school buildings, and to purchase any ground and building for 278 SCHOOL LAW OF INDIANA. school purposes, and to pay debts contracted for the erec- tion and purchase of buildings and grounds. (R. S. 1908, 6564.) [1907, p. 569. Approved March 12, 1907.] 459. Funding or refunding bonds. 1. In all cities of the state of Indiana, which are incorporated under the gen- eral laws of the state, and in all incorporated towns of this state, when the school city or school town of any such city or incorporated town is indebted at the time of the passage of this act, which indebtedness is evidenced by bonds, notes or other obligations heretofore issued or negotiated by any such school city or school town, for the purpose of funding or refunding such indebtedness or any part thereof, re- ducing the rate of interest thereon, extending the time of payment thereof, and canceling so much thereof as may be due or which shall become due, the board of school trustees of any school city or school town, in such cities or incorpo- rated towns, are hereby authorized to issue the bonds of such school city or school town, with interest coupons at- tached, for an amount not exceeding in the aggregate the whole amount of the indebtedness of such school city or school town, which bonds may be in any denomination not less than fifty ($50.00) dollars nor more than one thousand ($1,000.00) dollars and shall be payable at any place named therein and at a time not later than twenty-five years from the date thereof, and shall bear any rate of interest not ex- ceeding four per cent, per annum, payable annually or semi- annually, and such board of school trustees of any such school city or school town may negotiate such bonds at any market or place at not less than par. In the event any city or incorporated town in this state prior to the taking effect of this act, shall have issued its bonds, notes, or other obli- gations for the purpose of procuring funds with which to buy school grounds or erecting school buildings, or repair- ing such school buildings, and the proceeds derived by rea- son of the sale of such bonds have- been used by the school cities or school towns of any such city or incorporated town for tho purpose of buying grounds for school purposes, or SCHOOL LAW OF INDIANA. 279 erecting buildings or making improvements to school build- ings, then it shall be lawful for the board of school trustees of any such school city or school town in such cities or in- corporated towns and they are hereby authorized to issue and negotiate the bonds of such school city or school town for the purpose of funding or refunding such indebtedness or any part thereof for the same purposes ad in the same manner and on like terms and conditions as provided for in this section in other cases : Provided, That this act shall not be construed as authorizing and empowering trustees of such school cities or school towns to issue funding or re- funding bonds for any indebtedness than may be created after the taking effect of this act, except as herein provided. (K, S. 1908, 6576, as amended, 1909, p. 167.) 460. Tax levy. 2. For the purpose of paying bonds is- sued as provided in the foregoing section, the board of school trustees of any such school city or school town shall add to the tax duplicates thereof, annually, a levy sufficient to pay all yearly interest on said bonds and may provide a sinking fund for the liquidation of the principal thereof when it shall become due, which sinking fund, together with the interest, increase or profit thereon, shall be applied to the payment of said bonds and to no other purpose. (E. S. 1908, 6577.) [1903,' p. 350. Approved. March 9, 1903.] 461. Bends or notes. 1. In all cities, except cities of the first and second class, of the State of Indiana which are in- corporated under the general laws of the state, and in incor- porated towns of this state, the boards of school trustees in such city or incorporated towns are hereby authorized and empowered to borrow money and to issue the bonds or notes of such school city or school town, such bonds or notes to bear interest at a rale not exceeding five per centum per annum, and payable at such times within ten years from date as such school board may determine. The money ob- tained as a loan on such bonds or notes shall be disbursed by order of such board in payment of expenses incurred in 280 SCHOOL LAW OF INDIANA. buying grounds, building school houses or in making re- pairs on school buildings heretofore erected for such school city or town, and for no other use or purpose whatsoever. Before any such debt is incurred, such school officers shall give notice by publication for three consecutive weeks in some newspaper published in such city or town, and if none be so published, then in some newspaper of general circula- tion in such city or town, or by posting such notice in five public places in such city or town for three weeks, which notices shall state the aggregate debt proposed to be in- curred, the location of real estate, if it be proposed to buy real estate; the character and size of the building to be erected, and the nature of the improvement proposed : Pro- vided, That no board of trustees shall create any indebted- ness including all outstanding indebtedness exceeding two per centum of the taxable property of such city or town, as ascertained by the last assessment for state and county taxes previous to the incurring of the said indebtedness: And Provided, further, That said bonds or notes shall not be sold at a less rate than one hundred cents on the dollar. (B. S. 1908, 6572, as amended, 1909, p. 100.) 462. Tax to pay bonds and notes. 2. For the purpose of paying said bonds or notes issued as provided in the fore- going section, said school trustees are hereby empowered to levy annually a tax not to exceed twenty-five cents in any one year on each one hundred dollars 'of the taxable prop- erty of such city of town as ascertained by the proper as- sessing officers, and one dollar on each taxable poll: Pro- vided, That the revenue derived from such levy shall be used only in payment of the principal and interest of said notes or bonded indebtedness. Any surplus remaining after the payment of said indebtedness shall be covered into the special school revenues of such school city or town. (B. S. 1908, 6573.) 463. Trustees give bond. 3. Before any board of school trustees shall sell or negotiate any of the notes or bonds herein provided for, such board of trustees shall file SCHOOL LAW OF INl5lANA. 281 with the county auditor in which such city or town is sit- uate, a bond payable to the state of Indiana, in a sum not less than the face value of such notes and bonds so to be sold, with security to be approved by the auditor, condi- tioned for the faithful and honest application of all such moneys to the purposes specified in this act. (R. S. 1908, 6574.) 464. Additional bond issue. 1. After bonds or notes shall have been issued under this act any board of trustees of any school city or town in this state is hereby author- ized and empowered to borrow money and issue its bonds or notes in any additional sum, not exceeding, including all issues outstanding, two per centum of the taxable property of such city or town, for like purposes as provided in sec- tion 1 of this act. This act shall not be construed to repeal any law of this state which authorizes school trustees of such cities or incorporated towns to levy taxes for school puiposes and all parts of the general laws of this state not inconsistent herewith and which may be applicable to the general system of common schools in such cities or towns shall be in full force and effect. (B. 8. 1908, 6575, as amended, 1909, p. 100.) [1907, p, 164. Approved March 5, 1907.] 465. Cities Second class Issue of bonds. 1. The board of trustees of the school corporation in any city of the second class in this state is hereby authorized and em- powered to issue, negotiate and sell the negotiable bonds of such school city or corporation in such sums and denomina- tions as such board may deem advisable for school uses and purposes, including the purchase of real estate, the repair and erection of buildings and their equipment for school purposes, including the cost of lighting, heating and sani- tation and the payment of any existing indebtedness for any of the purposes aforesaid. Such bonds shall be known as "school improvement bonds" and payable at such places and at such times as such board may determine and as may be stated in the bonds and shall bear interest not to exceed four (4) per centum per annum, payable annually or semi- 282 SCHOQJL LAW OF INDIANA. annually, for which interest coupons may be attached to said bonds, and may be negotiated and delivered at any market place at not less than their par value. Such bonds may be issued from time to time as the needs of such school city or corporation shall require: Provided, however, That the aggregate amount of all such bonds of such school city or corporation, including all prior issues outstanding at any one time, shall not exceed two (2) per centum on the value of the taxable property within such city or corporation as ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness. No bonds shall be issued until the money therefor is paid to the treasurer of such board and interest thereon shall begin to accrue at the time of delivery thereof. Preparatory to offering such bonds for sale, the board of school trustees shall give notice for not less than three (3) weeks, of the date fixed for the sale of such bonds, together with a de- scription of such bonds, and of such offer, and invite bids therefor. Such notice shall be given by advertisements once each week in at least one newspaper published in such school city or corporation, the last of which publications shall be made at least one week before the date fixed for the sale of such bonds, and by such other notice or advertise- ment as the board may make. Said board shall sell such bonds to the highest or best bidder, but shall have the right to reject any and all bids. (E. S. 1908, 6505, as amended, L. 1909, p. 124.) 466. Bonds in series Time. 2. The full time for which such "school improvement bonds " shall run shall be twenty (20) years from the date of issuance thereof, but said bonds may be issued in a series so that such portion thereof as the board of trustees may determine may be made to mature at the end of any year within said period, or said bonds may be issued so that one-twentieth (1-20) thereof shall fall due at the end of each year, and the portion so falling due, to- gether with the interest thereon, shall when due be paid and canceled. (E. S. 1908, 6506, as amended, L. 1909, p. 124.) SCHOOL LAW OF INDIANA. 283 467. Tax for bond redemption. 3. The board of school trustees shall have the power to, and shall levy a special tax in addition to other taxes authorized by law to be levied, sufficient to pay the principal and interest on such bonds as and when they become due and to create a sinking fund for the payment when due: Provided, however, That the total tax levy for the payment of the principal, interest and sink- ing fund of all outstanding bonds of any such city shall not exceed the sum of eighteen cents on each hundred dollars' worth of taxable property and one dollar ($1.00) on each poll in such city in any one year, but this act shall not be construed to repeal any law of this state which authorizes boards of school trustees to levy taxes for school purposes. (B, S. 1908, 6507, as amended, L. 1909, p. 124.) 468. Repeal. 4. All laws and parts of laws in conflict herewith are hereby repealed; but this law shall not affect any bonds heretofore issued under any law in force at the time they were issued, nor shall it affect any law applying to any cities or corporations than those of cities of the sec- ond class. [1907, p. 655. Approved March 12, 1907.] 469. Bond issue Towns or cities of 1,000-5,000. 1. The board of school trustees of any incorporated town or city having a population of less than five thousand (5,000) and more than one thousand (1,000) as shown by the last preceding United States census, which shall have purchased ground for the erection of any building or build- ings for school purposes, or which shall have contracted any debts for the erection or repair of such building or buildings, and which shall not have the necessary means with which to erect such building or buildings or to pay such debt, may, on the filing of a report under oath, with the board of trustees of the incorporated town or the com- mon council of the city in which [such] school corporation is located, showing the actual or estimated amount required to 'erect such building or buildings, or the amount of such debt, on the passage of a resolution, approving the same by 284 SCHOOL LAW OF INDIANA. the board of trustees of such town or common council of such city, may issue the bonds of such school town to an amount not exceeding in the aggregate forty thousand ($40,000) dollars in denominations not exceeding [not less than] one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars, said bonds [bearing] not to exceed five per cent, interest, and payable at any place that may be designated in such bonds the principal in not less than ten years nor more than twenty-four years from the date of such bonds, and the interest annually or semi- annually, as may be herein provided, to provide means to erect such building or buildings or to pay such debt. Such board of school trustees may from time to time negotiate and sell as many of such bonds as may be necessary for such purpose in any place and for the price that can be obtained therefor in cash: Provided, That such bonds shall not be sold for less than their par value. (B. S. 1908, 6556. as amended, 1909, p. 308.) 470. Sale Bond for proper use of funds. 2. Before any board of school trustees shall sell any of the bonds provided for in section 1 of this act such board of school trustees shall file with the county auditor a bond payable to the state of Indiana in a sum not less than the face value of the bonds so to be sold, with security to be approved by the auditor, conditioned for the faithful and honest applica- tion of such money to the purpose for which the same is provided, and such board of school trustees and their sure- ties shall be liable to a suit on such bond for any waste, misapplication or loss of such money as is now provided for waste or loss of school revenue. (E. S. 1908, 6557.) 471. Special tax. 3. In addition to levying the special tax for special school revenue, now authorized by law, the board of school trustees of any such towns or cities as shall have availed themselves of the provisions of this act are hereby authorized and required to levy annually a special additional tax at the same time and in the same manner as other school taxes of such towns or cities are levied, suffi SCHOOL LAW OF INDIANA. 285 cient to pay the interest and principal of said bonds falling due, which additional special tax shall be assessed and col- lected as the taxes for state and county revenue are as- sessed and collected. The treasurer of said board of school trustees shall keep an accurate account of the revenue aris- ing from said additional special tax and shall permit the same to be applied to no other purpose than the payment of the interest and principal of such bonds, and at the end of such school year the treasurer of such board of school trustees shall file with the board of trustees of the incor- porated town or common council of such city in which such school corporation is located his sworn report as to such funds, showing the amount received by him, the amount paid out, when the same was paid, to whom and for what pur- pose it was paid, and the amount thereof, if any remaining in his hands, and if there be remaining in his hands an amount equal to or exceeding one cent on each one hundred dollars of taxable property of such town, the same shall be taken into account in making the levy for the ensuing year, and the official bond of the treasurer of such board of school trustees shall be construed to cover and include revenue arising from this source: Provided, That the additional special tax levy hereby authorized shall not in any one year exceed fifty cents on any one hundred dollars of taxable property and one dollar on each poll. (R. S. 1908, 6558.) 472. Surplus special school revenue. 4. It shall be the duty of the boards of school trustees of such incorporated towns or cities in this state to apply any surplus special school revenue in their hands not necessary to meet the cur- rent expenses for the payment of the interest or principal or both, of any indebtedness incurred under the provisions of this act. (R. S. 1908, 6559.) [1907, p. 576. Approved March 12. 1907.] 473. Towns not over 2,000 Funds for buildings Bonds. 1. The board of school trustees of any incorporated town having a population of not more than 2,000, according to the 286 SCHOOL LAW OF INDIANA. last preceding United States census, when it shall be found necessary for the proper accommodation of its schools to purchase a site and erect buildings thereon for school pur- poses and when such school trustees shall not have sufficient funds* of such school town for such purposes, may on the filing of a report under oath with the board of trustees of the town in which such school corporation is situated, showing the actual or estimated amount required to pay for such ground and buildings and on passing of a resolu- tion approving the same by said board of trustees, issue the bonds or notes of such school town to an amount not exceeding in the aggregate $6,000 in dienominations of not less than $100 payable at any place designated by such school trustees, the principal to become due and payable in annual installments as nearly equal as possible and run- ning such length of time not exceeding 15 years, as the board of school trustees deem best, from the date of such bonds or notes, and the interest annually or semi-annually, as may be therein provided, not to exceed six per cent, per annum, to provide means with which to purchase such site and erect such school buildings. Such board of school trus- tees may, from time to time negotiate and sell as many of such bonds or notes as may be necessary for such purpose in any place and for the best price that can be obtained therefor in cash : Provided, That such bonds or notes shall not be sold for less than their par value. Such bonds or notes shall be the debt of the school town for the benefit of which they are issued, and such school town shall as- sume and pay and be solely liable for the payment of such bonds or notes. (R. S. 1908, 6565.) 474. Refunding bonds. 2. In all cases where bonds or notes have been issued for the purposes stated in section 1 of this act, by the board of school trustees of any such town in this state, the board of school trustees of the school town located in such town are hereby authorized and em- powered to refund said notes or bonds by issuing in lieu thereof the bonds or notes of such school town : Provided, That the consent of the board of trustees of such town SCHOOL LAW OF INDIANA. 28; shall be first given thereto by resolution. Such refund- ing bonds or notes shall be issued and sold on the same terms and subject to the same restrictions and conditions as herein provided for the original issue of bonds or notes. (R. S. 1908, 6566.) 475. Trustees' bond. 3. Before any board of school trustees shall sell any of the bonds or notes provided for in sections 1 and 2 of this act, such board of school trus- tees shall file with the county auditor a bond payable to the state of Indiana in a sum not less than the face value of the bonds or notes so to be sold, with security to be approved by the auditor, conditioned for the faithful and honest application of such money to the purpose for which the same is provided, and such board of school trustees and their sureties shall be -liable to a suit on such bond for any waste, misappropriation or loss of such money, as is now .provided for waste or loss of school revenue. (R. S. 1908, 6567.) 476. Sale of property. 4. Such board of school trustees may sell school property in accordance with the provision of law, and apply the proceeds of such sale to the increase of the fund provided for in section 1 of this act, and such increase shall be used only for the purpose contemplated in such section in the purchase of a site and the erection thereon of school buildings. Nothing in this act shall be deemed to prevent or prohibit the funds of any township in which any such town is situated from being applied in conjunction with the funds of such school town herebe- fore provided for in section 1 and for the purpose herein set forth, under such agreement as to construction and use of such school buildings as may be determined upon by such school authorities of the town and township : Pro- vided, That any building so constructed shall be located within the limits of such incorporated town. (R. S. 1908, 6568.) 477. Special tax. 5. In addition to levying the special tax for special school revenue now authorized by law, the 288 SCHOOL LAW OF INDIANA. board of school trustees of any such town as shall have availed themselves of the provisions of this act, are hereby authorized to levy annually a special additional tax, at the same time and in the same manner as other school taxes of such towns are levied, for the purpose of paying the inter- est on said bonds or notes and principal falling due, which additional special tax shall be assessed and collected as the taxes for state and county revenue are assessed and col- lected, and the official bond of the treasurer of such board of school trustees shall be construed to cover and include revenue arising from this source : Provided, That the ad- ditional special tax hereby authorized shall not in any one year exceed fifty cents on any one hundred dollars of tax- able property arid one dollar on each taxable poll. (R. S. 1908, 6569.) 478. Surplus special revenue. 6. It shall be the duty of the board of school trustees of such towns in this state to apply any surplus special school revenue in their hands, not necessary to meet current expenses, for the payment of the interest or principal, or both, of any indebtedness incurred under the provisions of this act. (R. S. 1908, 6570.) [1911, p. 102. Approved March 1, 1911.] 479. Towns not over 1,000 Bonds Tax. 1. In all in- corporated towns of the Slate of Indiana, having a popula- tion of not more than one thousand (1,000) according to last preceding United States census, the board of school trustees of such school towns are hereby authorized and empowered to borrow money, and to issue the bonds of such school town to an amount not exceeding in the aggregate twenty-five thousand dollars, such bonds to bear interest at a rate not exceeding five per centum per annum, and pay- able at such time within twenty years from the date of issu- ing such bonds, as such school boards may determine. The money obtained as a loan on such bonds shall be disbursed by order of such board, in payment of expenses incurred in buying grounds, building new school houses, or in making SCHOOL LAW OF INDIANA. 289 repairs on school buildings heretofore erected, for such school town, and for no other purpose whatever. Before such debt is incurred such school board shall give notice by publication for three consecutive weeks in some news- paper published in such town, and if there is no newspaper published in such town, then in some newspaper of general circulation, published in the county in which such town is located, which notice shall state the aggregate debt pro- posed to be incurred, the location of the real estate, if it be proposed to buy real estate, or to erect a new school build- ing, on real estate belonging to such town, the character and size of the building to be erected, and the nature of the improvement proposed. That for the purpose of raising money to pay such bonds, and the interest thereon, as the same shall become due, such school board may levy an an- nual tax, not exceeding two per centum including all out- standing indebtedness on all taxable property of such town as ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness: Pro- vided, however, That such bonds shall not be sold at a less rate than one hundred cents on the dollar. 480. How construed. 2. This act shall not be construed to repeal any law of this state which authorizes school trus- tees of such incorporated towns to levy taxes for school pur- poses and all parts of the general laws of this state not in- consistent herewith, and which may be applicable to the general system of common schools, in such towns shall be in full force and effect: Provided, This act shall not au- thorize any school board to issue bonds for the payment of the cost of construction of any school house, for the erection of which a contract shall have been executed prior to the passage of this act. [1905, p, 33. Approved February 23, 1905.) 481. Township business Indebtedness Issue of bonds. 1. Any township in this state, being indebted to an amount beyond the ability of the current taxes to meet, and which [1927277] 290 SCHOOL LAW OF INDIANA. indebtedness is evidenced by bonds, notes or other obliga- tions heretofore issued or negotiated by such township, may for the purpose of funding or refunding such indebted- ness or any part thereof, reducing the rate of interest thereon, extending the time of payment thereof and can- celing so much thereof as may be due, or which shall here- after become due, upon the vote of all the members of the advisory board of such township, together with the ap- proval of the township trustee of such township, issue its bonds, with interest coupons attached, for an amount not exceeding in the aggregate the amount of such indebtedness of such township, which bonds may be of any denomina- tion not less than fifty dollars and not more than one thou- sand dollars, and shall be payable at any place named there- in in equal annual installments, not exceeding in all the period of fifteen years, and shall bear any rate of interest not exceeding six per cent, per annum, payable semi-annu- ally, evidenced by coupons attached to such bonds, and mav be negotiated at not less than par. The amount of such bonds in no event to exceed the constitutional limit of jn- debtedness. (K. S. 1908, .) 482. Duties of advisory board. 2. The advisory board of such township shall add to the tax duplicate thereof annually a levy sufficient to pay the yearly interest on said bonds and provide a fund for the liquidation of the prin- cipal thereof as they become due, and it shall be unlawful for the township trustee or advisory board to apply the funds arising from such levy to any other purpose. (R. S. 1908, .) SCHOOL LAW OF INDIANA. 291 CHAPTER XVIII. TEXT BOOKS. SEC. 483. Duty of state board. 484. Advertise for bids. 485. Contracts Bids Sale price. 486. May procure manuscripts. 487. State not liable. 488. Governor's proclamation. 489. Trustee's duty. 490. Quarterly reports. 491. Superintendent to enter suit. 492. Superintendent's special bond. 493. Reports to contractors. 494. Sale for more than contract price. 495. Embezzlement. 496. Appropriation Laws repealed. 497. Advertise for bids. 498. Trustees to make requisitions upon first Monday in June. 499. Trustees to acknowledge receipt of books. 500. Books for poor or indigent children. 501. Reports to commissioners and county su- perintendents. 502. Appropriation. 503. Suit on trustee's bond. 504. County superintendent's special bond. 505. Superintendent's report to contractor. 506. Failure to report Embezzlement. 507. Books to be uniformly used. 508. Duty of contractor. 509. Name and price of books on cover. 510. State superintendent's duty. 511. Act supplemental. SEC. 512. Contractors to file consent. 513. Sale to merchants or dealers Trustee's re- port. 514. Officers to supply sufficient books. 515. Duty of merchants and dealers. 516. County Superintendent to make. 517. Officers failing to report Right of action. 518. Failure to report at expiration of term Em- bezzlement. 519. Sale for more than contract price. 520. Contractors to file consent for revision of books. 521. Author to revise County and state super- intendent to scale requisition. 522. Intermediate grammar or language lesson. 523. State board to meet Notice. 524. Frequency of revision. 525 . Standard of re vision Contractor ' s bond . 526. Appropriation. 527. New bond. 528. State superintendent's duty. 529. Act supplemental. 530. Reading primer. 531. Price. 552. Old laws applicable. 533. Use in cities of 5,000. 534. Sale of school books. 535. Proclamation by governor. 536. Existing contracts. 537. Sale of school books in counties where no depository merchant can be procured. [1889, p. 74. Approved March 2, 1889.] 483. Duty of state board. 1. The state board of educa- tion shall constitute a board of commissioners for the. pur- pose of making a selection, or procuring the compilation for use in the common schools of the State of Indiana, of a series of text-books in the following branches of study, viz. : Spelling, reading including primer, arithmetic, geography, English grammar, physiology, history of the United States, and a graded series of writing books. The matter contained in the readers shall consist of lessons commencing with the simplest expressions of. the language, and by a regular gradation, advancing to and including the higher styles of 292 SCHOOL LAW OF INDIANA. composition, both in poetry and prose: Provided, That none of said text-books shall contain anything of a partisan or sectarian character: And provided further, That the foregoing books shall be at least equal in size and quality, as to matter, material, style of binding and mechanical exe- cution to standard text-books now in general use. (R. S. 1908, 6320, as amended, 1909, p. 377.) 484. Advertise for bids. 2. The said board of commis- sioners shall, immediately upon the taking effect of this act, advertise for twenty-one consecutive days in two daily pa- pers published in this state, having the largest circulation, and in one newspaper of general circulation in the cities of New York, Philadelphia, Cincinnati, Chicago and St. Louis, that at a time and place to be fixed by said notice, and not later than six months after the first publication thereof, said board will receive sealed proposals on the following: First. From publishers of school text-books, for furnish- ing books to the school trustees of the state of Indiana for use in the common schools of this state, as provided in this act, for a term of five years, stating specifically in such bid the price at which each book will be furnished, and ac- companying such bid with specimen copies of each and all books proposed to be furnished in such bid. Second. From authors of school text-books, who have manuscripts of books not published, for prices at which they will sell their manuscript, together with the copyright of such books, for use in the public schools of the state of Indiana. Third. From persons who are willing to undertake the compilation of a book or books, or a series of books, as provided for in section one (1) of this act, the prices at which they are willing to undertake such compilation of any or all of such books, to the acceptance and. satisfaction of the said board of commissioners: Provided, That any and all bids by publishers, herein provided for, must be ac- companied by a bond in the penal sum of fifty thousand dol- lars, with resident freehold surety, to the acceptance and SCHOOL LAW OF INDIANA. 293 satisfaction of the governor of this state, conditioned that if any contract be awarded to any bidder hereunder, such bidder will enter into a contract to perform the conditions of his bid to the acceptance and satisfaction of said board: And provided further, That no bid shall be considered un- less the same be accompanied by the affidavit of the bidder that he is in nowise, directly or indirectly, connected with any other publisher or firm who is now bidding for books submitted to such board, nor has any pecuniary interest in any other publisher or firm bidding at the same time, and that he is not a party to any compact, syndicate or other scheme whereby the benefits of competition' are denied to the people of this state: And be it further provided, That if any competent author or authors shall compile any one or more books of the first order of excellence, and shall offer the same as a free gift to the people of this state, together with the copyright of the same and the right to manufac- ture and sell such works in the state of Indiana for use in the public schools, it shall be the duty of such board of com- missioners to pay no money for any manuscript or copy- right for^such book or Jbooks on the subject treated of in the manuscript so donated; and such board shall have the right to reject any and all bids, and at their option such board shall have the right to reject any bid as to a part of such books, and to accept the same as to the residue thereof. (R. S. 1908, 6325.) 485. Contract Bids Sale price. 3. It shall be the duty of such board to meet at the time and place mentioned in such notice, and open and examine all sealed proposals received pursuant to the notice provided for in section 2 of this act, and it shall be the further duty of such board to make a full, complete and thorough investigation of all such bids or proposals and to ascertain under which of said pro- posals or propositions the school books could be furnished to the people of this state for use in the common schools at the lowest price, taking into consideration the size and quality as to matter, material, style of binding and mechani- cal execution of such books: Provided, always, That such 294 SCHOOL LAW OF INDIANA. board shall not in any case contract with any author, pub- lisher or publishers, for the furnishing of any book, manu- script, copyright or books which shall be sold to patrons for use in the public schools of this state at a price above or in excess of the lowest contract selling price of the same book or books at any place in the United States [which] prices shall include all costs and charges for transportation to the railroad or river station nearest to the several depositories .in this state: Provided, That the total cost for a series of the books enumerated in section 1 of the [this] act shall not exceed the sum of six dollars: Provided, That when any contractor furnishing books to be used in the public schools of Indiana under the provisions of this act shall contract to sell elsewhere the same book or books at a lower price than the contract price in Indiana, then the said contractor shall make the said lower price apply to all future sales in Indi- ana: Provided further, That if said contractor shall refuse to make such reduction in price then the governor of the state shall investigate and if he shall find that the same book is sold elsewhere under like conditions at a lower price than the Indiana contract price, Jie shall then have the power and it shall be his duty to order the contract with Indiana canceled and new book[s] advertised for as hereto- fore provided: Provided further, That no book or books in which any member of the board may have any financial in- terest, either directly or indirectly, shall be adopted by said board: Provided further, That no contract under the pro- visions of this act shall be made for a period exceeding five years. Nothing in this act shall be construed as affecting any contracts now existing relating to the furnishing of school books for this state: And provided further, That the letting of all contracts for books shall be upon full and fair competition into which any person, persons, or corporation may enter and may bid to furnish any book or books whether such book or books be at the time in use in the schools of the state under contract or not. (E. S. 1908, 6326, as amended, 1909, p. 378.) SCHOOL LAW OF INDIANA. 295 486. May procure manuscripts. 4. If, upon the exami- nation of such proposals, it shall be the opinion of such board of commissioners that such books can be furnished cheaper to the patrons for use in the common schools in the state, by procuring and causing to be published the manu- script of any or all of such books, it shall be their duty to procure such manuscript and to advertise for sealed pro- posals for publishing the same, in like manner as hereinbe- fore provided and under the same conditions and restric- tions. And such contract may be let for the publication of all of such books, or for any one or more of such books sep- arately; and it shall be the further duty of such board of commissioners to provide in the contract for the publication of any such manuscript for the payment, by the publisher, of the compensation agreed between such board and the author or owner of any such manuscript for such manu- script, together with the cost or expense of copyrighting the same. (R. S. 1908, 6327.) 487. State not liable. 5. It shall be a part of the terms and conditions of every contract made in pursuance of this act that the state of Indiana shall not be liable to any con- tractor hcreunder for any sum whatever; but that all such contractors shall receive their pay and compensation solely and exclusively from the proceeds of the sale of the books, as provided for in this act, (R. S. 1908, 6328.) 488. Governor's proclamation. 6. As soon as such board shall have entered into any contract for the furnish- ing of books for use in the public schools of this state, pur- suant to the provisions of this act, it shall be the duty of the governor to issue his proclamation announcing such fact to the people of this state. (R. S. 1908, 6329.) NOTE : The following sections so far as they relate to the purchase and distribution of school books by school officers are repealed by the law of 1907 (see section - ), except in their application to two unexpired con- tracts which expire in 1911. (See sections 534 to 536.) 489. Trustee's duty. 7. \Vhen such proclamation shall have been duly issued, it shall be the duty of the school 296 SCHOOL LAW OF INDIANA. trustees of each and every school corporation in this state, within thirty days thereafter, and at such other times as books may be needed for use in the public schools of their respective corporations, to certify to the county superin- tendent of their respective counties the number of school text-books provided for in such contract required by the children for use in the schools of their several school corpo- rations. Such county superintendent shall forthwith make such requisition for books as the schools in the said several counties may require upon the state superintendent of pub- lic instruction, and that said state superintendent of public instruction shall immediately thereafter make a requisi- tion for said books upon the contractor, who shall, within ninety days, ship the books so ordered directly to the county school superintendents of the several counties of this state. Upon the receipt of such books it shall be the duty of such county school superintendents to immediately notify all the school trustees of the school corporations, as shown by the last school enumeration of their counties, of the receipt of such books. It shall then be the duty of such school trus- tees to immediately procure and take charge and custody of all the books assigned to their several school corpora- tions, receipting therefor, to the said county school super- intendent: and, upon the receipt of such books by said school trustees, they shall furnish them, on demand, to the school patrons or school children of their respective cor- porations, at the price fixed therefor by the contract en- tered into between said board of commissioners and said contractor; and it shall be the duty of such school officers to sell books for cash only; and if they shall sell or dispose of any books other than for the cash price thereof, they shall be held personally liable, and liable upon their official bond for the price of such book or books: Provided, That any patron or pupil of any school or schools other than the public schools, and also any child between the ages of six and twenty-one years of age, or the parent, guardian or teacher of such child, shall have the right to purchase and receive the books, and at the prices herein named, by pay- ment of the cash price thereof to the school superintendent SCHOOL LAW OF INDIANA. 297 of any county in this state, and it is hereby made his duty to make requisition upon the contractor for any and all books so ordered and paid for by any such person or persons: And, provided further, That nothing in this act shall oper- ate to prevent the state board of education, boards of school trustees or boards of school commissioners, from de- vising means and making arrangements for the sale, ex- change or other disposition of such books as may be owned by the pupils of schools under their charge, at the time of the adoption of books under the provisions of this act. (R. S. 1908, 6330.) 490. Quarterly reports. 8. At the expiration of three months after the receipt of such books by the county super- intendent, and every three months thereafter, it shall be the duty of each school trustee receiving and chargeable with books under the provisions of this act, to make a full and complete report to the county superintendent of the number of books sold, and the amount of money received therefor, and the number of books on hand ; and at the time of making such report he shall pay over to the county su- perintendent all moneys received by him of with which he is chargeable, from the sales of books in his hands; which report shall be duly verified by the oath of the party mak- ing it. (K. S. 1908, 6331.) 491. Superintendent to enter suit. 9. If, at the expira- tion of ten days from the time required by this act for the making of such report of any school superintendent charge- able with books under this act, any such officer shall have failed, neglected or refused to make such report, or turn over any moneys with which he is chargeable, it shall be the duty of the county school superintendent, within fifteen days, to enter suit upon his official bond for an accounting and recovery of any moneys due from him on account of such books with which he is chargeable; and all judgments recovered upon such bonds shall include a reasonable attor- ney 's fee for the attorney prosecuting such suit; and such judgment shall be without relief from valuation or ap- 298 SCHOOL LAW OF INDIANA. praisement laws, and shall be without stay of execution. (E. S. 1908, 6332.) 492. Superintendent's special bond. 1.0. It shall be the duty of the several county school superintendents of this state, within thirty days from the issuing of the proclama- tion by the governor, as hereinbefore provided for, and of every county school superintendent hereafter elected, be- fore he enters upon the discharge of his official duties, to enter into a special bond, with at least two freehold sure- ties of such county, payable to the state of Indiana, condi- tioned that they will faithfully and honestly perform all the duties required of them by this act, and account for and pay over all moneys that may come into their hands, pur- suant to the provisions of this act, in a penal sum which shall be equal in amount to one hundred dollars for every one thousand inhabitants of their respective counties as shown by the last census immediately preceding the giving of such bond, to be approved by the board of commission- ers of their respective counties; and upon the failure of any county school superintendent to give such bond, his office shall become immediately vacant, and the board of commissioners of his county shall immediately appoint some competent and suitable person to fill such vacancy for the unexpired term of his office. (E. S. 1908, 6333.) 493. Reports to contractor. 11. It shall be the duty of each county school superintendent in this state, within ten days after the quarterly reports of the school trustees, as hereinbefore provided for, to make a full, true, complete and detailed report to the contractor of all books sold by the several school trustees of his county, and of the number of books in the hands of the trustees of each school corpora- tion, which report shall be accompanied by all cash received by him from the school officers from sales of books by them sold, and which report shall be duly verified by him, and a duplicate thereof shall be filed in the office of the auditor of his county. Upon the failure of any county school superin- tendent to make the report and to transmit the cash, as re- SCHOOL LAW OF INDIANA. 299 quired by this section, a right of action shall immediately accrue to the contractor against the said school superin- tendent and the sureties upon the bond provided for in this act, for an accounting and for the recovery of any moneys received and not transmitted by him, and for any damages which may have resulted from his neglect or failure to com- ply with the provisions of this act. and any judgment upon any such bond shall include a reasonable fee for the attor- ney prosecuting such suit, and such judgment shall be with- out relief from valuation and appraisement laws, and shall be without stay of execution. (E. S. 1908, 6334.) 494. Sale for more than contract price. 12. Any school trustee charged with the sales of any books under the provisions of this act, who shall directly or indirectly demand or receive any money for any book or books in excess of the contract price, as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be fined in any sum not less than ten nor more than one hundred dollars, to which may be added im- prisonment in the county jail for a term not exceeding sixty days. (R. S. 1908, 6335.) 495. Embezzlement. 13. Any county school superin- tendent or trustee of any township or school corporation in this state who shall fraudulently fail or refuse, at the ex- piration of the term for which he was elected or appointed, or at any time during such term, when legally required by the proper person or authority, to account for and deliver and pay over to such person or persons as may be lawfully entitled to receive the same, all moneys or school books which may have come into his hands by virtue of the provi- sions of this act, shall be deemed guilty of embezzlement, and upon conviction thereof shall be imprisoned in the state prison for any period not more than five years nor less than one year, and fined in any sum not exceeding one thousand dollars, and rendered incapable of holding any office of trust or profit for any determinate period. (E. S. 1908, 6336.) 300 SCHOOL LAW OF INDIANA. 496. Appropriation Laws repealed. 14. The sum of one thousand dollars is hereby appropriated out of any funds in the state treasury not otherwise appropriated, for the purpose of paying the cost and expenses incident to the giving of the notices herein provided for, and carrying out the provisions of this act. All laws and parts of laws in conflict, with the provisions of this act are hereby repealed. (R. S. 1908, 6337.) [1891, p. 99. Approved March 5, 1891.] 497. Advertise for bids. 1. It shall be the duty of the board of commissioners, for the purpose of securing for use in the common schools of the state of Indiana of a series of text-books as constituted by the act of the general assembly in this section mentioned, to immediately advertise for bids, and to act upon such bids as may be submitted for the fur- nishing for use in the common schools of the state of Indi- ana of a spelling-book, a primary physiology, a more ad- vanced work on physiology and hygiene, an elementary grammar, a complete grammar, and a history of the United States. In advertising for such bids, and in acting upon any bid which may be submitted, such board of commis- sioners shall be governed, as far as possible, by the same terms, conditions and limitations concerning them, and shall require bidders and contractors to comply with all terms, conditions and limitations concerning bidders or contractors, so far as applicable, as are contained in an act of the general assembly of Indiana, entitled "An act en- titled an act to create a board of commissioners for the purpose of securing for use in the common schools of the state of Indiana of a series of text-books, defining the duties of certain officers therein named with reference thereto, making appropriations therefor, defining certain felonies and misdemeanors, providing penalties for the violation of the provisions of said act, repealing all laws in conflict therewith, and declaring an emergency. " Acts of the gen- eral assembly of the state of Indiana, 1889, p. 74: Pro- vided, That the standard of physiologies shall be Hutchin- son's laws of health and Hutchinson's physiology and hy- SCHOOL LAW OF INDIANA. 301 giene: And provided further, That no bids shall be con- sidered in which the price of a primary physiology shall ex- ceed thirty cents for the volume, or in which a physiology and hygiene shall exceed sixty cents for the volume, or in which a history of the United States shall exceed sixty-live cents for the volume. (R. S. 1908, 6338.) 498. Trustees to make requisitions first Monday of June. 2. That it shall be the duty of the township trustees and school boards of the state, severally, on the first Monday of June in each year, and at such intermediate times as the necessity therefor shall exist, after considering the number and kind of adopted books already sold in the corporation, Ihe number and kind of such books on hand, and ascertain- ing from their teachers or principal and superintendent, as the case may be, the enrollment of scholars in the different classes or grades of the schools of the corporation, to order such quantities of the books which the state has at that time adopted, as may seem to him, or to it, to be necessary for use in the schools of such corporation until the first day of June then next succeeding; the estimate being based upon the information which it is above provided shall be gathered, and on the advice of the county superintendent: Provided. That the total orders for any school year of the books adopted heretofore, and those mentioned in section one of this act, shall not exceed the amount of one dollar for each child enumerated for school purposes in the cor- poration: And provided further, That it shall be the duty of the state superintendent to properly scale down :my or- der for books which may pass through his hands in case that it shall seem clear to him that such order is for a quan- tity of books in excess of the needs of the corporation dur- ing the period for which such books were ordered. R. S. 1908, 6339.) 499. Trustees to acknowledge receipt of books. 3. Whenever an order for the books which the state has adopt- ed, or may adopt, shall have been filled by a contractor with the state, and the books delivered to the township trustee or 302 SCHOOL LAW OF INDIANA. school board making such order, it shall be the duty of such trustee or boards to immediately acknowledge the re- ceipt of such books to the contractor, and also to make a report thereof to the county superintendent, and it shall be lawful for any such trustee or school board to at once make payment for such books to the contractor, through the su- perintendent of the county, out of any school funds in ex- cess of the needs of their respective townships or school cor- porations for current expenses, or other special needs, in the hands or control of such trustee or board, aside from the principal or interest of the common congressional school fund, or the "school revenue for tuition: " Provided, how- ever, That no debt shall ever be contracted, or warrant, or other evidence of indebtedness, ever be issued by a trustee or board on account of a purchase of books : And, provided further, That whenever any books are paid for by any trustee or school board, such trustee or school board shall be liable personally, and liable upon their official bonds, re- spectively, for the preservation, custody and safe keeping of all such books until the same are sold and accounted for, or otherwise disposed of according to law. Whenever a book, paid for as aforesaid, is sold by a trustee or school board, it shall be the duty of such trustee or school board to turn the entire proceeds of such sale into the fund, out of which payment was made to the contractor, to reimburse the fund for such advancement. In case a trustee or school board receiving books from a contractor with the state shall not pay for such books, as provided in this section, he, or it, shall make quarterly reports under oath of the sale of such books, accompanied by all cash received therefor, to the county superintendent, for transmission to the contractor, as now provided by law, until such books shall have been fully paid for. The provisions of this section shall apply to all orders heretofore tiled: Provided, That if said trustee or board shall have on hands any books heretofore ordered, for which he, or it, may have no immediate use, the same shall, upon the order of the county superintendent, or the state superintendent of public instruction, be returned to SCHOOL LAW OF INDIANA. 303 the contractor, or be shipped to such other point as the con- tractor may direct, the contractor to pay all freight charges on such shipment; and the county superintendent and sucli trustee or board shall, thereupon, have credit for such books so returned or shipped. (R, S. 1908, 6340.) 500. Books for poor or indigent children. 4. It shall be the duty of each township trustee and each school board to furnish the necessary school books, so far as they have been or may be adopted by the state, to all such poor or in- digent children as may desire to attend the common schools of his, or its, corporation, as in his, or its, opinion would be otherwise unable to attend such schools: Provided, That no township trustee in this state shall receive an amount ex- ceeding five dollars as compensation for his services in any one year for duties performed in carrying out the provi- sions of this act, or the act to which it is supplemental. (R. S. 1908, 6341.) 501. Reports to commissioners and county superintend- ent. 5. When books are fully paid for out of the funds of a school corporation, as provided in section three of this act, it shall not be necessary for the township trustee or school board of such corporation to make quarterly reports of the sale of the adopted books, but instead thereof a report shall in all cases be made by him, or it, upon oath on the first Monday of August in each year to the county superintend- ent, and like report upon oath shall at the same time be made to the board of commissioners of the county, which reports shall severally state the number and kind of books on hand at last report; the number and kind sold; the num- ber then on hand; the disposition of the money received on such sales ; the amount of money used from any school fund in payment for books received; and the condition of such funds. Such reports shall also state the number and kind of books furnished as provided in section four of this act; for the price of which books so furnished the township trus- tee or school board furnishing the same shall have credit. (R. g. 1908, 6342.) 304 SCHOOL LAW OF INDIANA. 502. Appropriation. 6. The sum of one thousand dollars is hereby appropriated out of the general fund in the state treasury to enable the board of school commissioners, men- tioned in section one of this act, to advertise for bids as in said section provided, (R. S. 1908, 6343.) 503. Suit on trustee's bond. 7. Any township trustee or member of a school board, receiving or being in posses- sion of any moneys which at the end of the next quarter shall be turned over to the county superintendent to pay a contractor for books sold which have not been paid for out of the funds of the corporation, who shall fail to report the sale of such books at the end of such next quarter, or who shall fail to pay therewith the full proceeds thereof to the county superintendent, or so much thereof as may be neces- sary to fully pay the contractor shall be liable, after de- mand upon him, to a suit on his official bond, brought on the relation of the county superintendent, whose duty it shall be to bring the action for the amount due from him, and damages, if any, and any judgment which shall be rendered in favor of the plaintiff in the action shall contain a reason- able attorney's fee, and shall be payable without relief from valuation or appraisement laws. The same liability upon his bond shall accrue against a township trustee or member of a school board who shall refuse to pay over as in this act required any moneys drawn from the funds of his cor- poration on account of books purchased, or who shall fail to apply all moneys for books sold that have been purchased by the corporation, to the reimbursement of the proper fund. Any judgment rendered' against a township trustee, school board, or member of a school board, because of the non-per- formance of any duty, shall include a reasonable fee for the plaintiff's attorney. (R, S. 1908, 6344.) 504. County superintendent's special bond. 8. It shall be the duty of each county school superintendent of this state, within thirty days from the taking effect of this act, and of each county school superintendent hereafter elected, before he enters upon the discharge of his official duties, to SCHOOL LAW OF INDIANA. 305 execute a special bond with at least two freehold sureties of his county, payable to the state of Indiana, conditioned that he will faithfully and honestly perform all the duties re- quired of him by law, and account for and pay over all moneys which may come into his hands pursuant to law, in a penal sum which shall be equal to one hundred dollars for every thousand inhabitants of his county, as shown by the last census immediately preceding the giving of such bond, which bond shall be executed to the approval of the board of commissioners of his county, and upon failure of any county school superintendent to give such bond, his office shall become immediately vacant, and the board of commis- sioners of his county shall immediately appoint some com- petent and suitable person to fill such vacancy for the unex- pired term of his office. (R. S. 1908, 6345.) 505. Superintendent's report to contractor. 9. It shall be the duty of such county school superintendent within ten days after the receipt of any report, or money, from a township trustee or school board, as hereinbefore provided for, to make a full, true, complete and detailed report there- of to the contractor, which report shall be accompanied by all cash received by him from the school officers. The re- port above provided for shall be duly sworn to by the coun- ty superintendent, and a duplicate thereof shall be filed by him in the office of the auditor of his county. Upon the fail- ure of any county school superintendent to make report to the contractor and transmit the cash as required by law, a right of action shall immediately accrue to the contractor against the said county school superintendent, and the sure- ties upon his bond provided for in this act, for an account- ing and for the recovery of any moneys received and not transmitted by him, and for any dartiages which may have resulted from his neglect or failure to comply with the pro- visions of this act, and any judgment upon any such bond shall include a reasonable fee for the attorney prosecuting such suit ; and such judgment shall be without relief from [2027277] 306 SCHOOL LAW OF INDIANA. valuation or appraisement laws, and shall be without stay of execution. (R. S. 1908, 6346.) 506. Failure to report Embezzlement. 10. Any coun- ty school superintendent, or trustee of any township, or member of any school board in this state, who shall fraudu- lently fail or refuse, at the expiration of the term for which he was elected or appointed, or at any time during such term, when legally required by the proper person or au- thority to account for and deliver and pay over to such per- son or persons as may be lawfully entitled to receive the same, all moneys or school books which may come into his hands by virtue of the provisions of law, shall be deemed guilty of embezzlement, and upon conviction thereof shall be imprisoned in the state prison not more than five nor less than one year, and lined in any sum not exceeding one thou- sand dollars, and rendered incapable of holding any oilice of trust or profit for any determinate period. (R. S. 1908, |'6347.) 507. Books to be uniformly used. 11. The books which have been, or may hereafter be, adopted by the state of In- diana for use in its common schools by virtue of this act, or the act mentioned in section one hereof, shall be uniformly used in all the common schools of the state, in teaching the branches of learning treated of in such books, and it shall be the duty of the proper school officers and authorities to use in such schools such books for teaching the subjects treated in them. (R. S. 1908, 6348.) 508. Duty of contractor. 12. It shall be the duty of any person or persons, firm or corporation, who shall hereafter furnish and supply books under the provisions of this act, or under the provisions of the act of 1889, title whereof is set out in the first section of this act, to ship to and notify the consignee of such shipment, and deliver the books or- dered by the various county superintendents, at such rail- way stations as may be most convenient for the various township trustees or school boards in the several counties SCHOOL LAW OF INDIANA. 307 to receive the same as may be directed by the said county superintendent. And in preparing such books for such shipment, it shall be the duty of every such contractor to wrap each several kind of books by themselves in packages of not to exceed five or ten books, according to their size, each such package to be securely wrapped in good substan- tial paper of sufficient weight to protect the books enclosed therein, and to be closed at each end thereof, and each pack- age to have plainly and clearly marked or printed on the outside thereof the kind and number of books contained therein, and as many of such packages shall be enclosed in large packages or boxes as may be safe and convenient for shipment. And upon the receipt of such books it shall be the duty of each township trustee or school board to care- fully care for and protect such books until sold, and to pre- serve the same in the original packages in which they are wrapped without opening, until all copies of the same books heretofore received by him or it have been sold, and there- after not to open any such package until all copies con- tained in packages previously opened have been sold: Pro- vided, If, upon the opening of any such package, any town- ship trustee or school board shall discover that any of the books therein contained have been damaged, or are defec- tive at the time of their receipt by him, or it, so as to be unsalable, he, or it, shall not be required to offer the same for sale, but in such event, he, or it, shall immediately notify the county superintendent of such damaged or de- fective book or books, who shall immediately thereafter give notice thereof to the contractor furnishing the same, and thereafter such damaged or defective book or books shall be subject to the order of the contractor. (B. S. 1908, 6349.) 509. Name and price of books on cover. 13. It shall be the duty of any person or persons, firm or corporation who may hereafter furnish and supply books under the provi- sions of this statute, or of the act of 1889, the title whereof is set out in the first section of this act, to print in large let- ters upon the outside of the first cover of each book so fur- 303 SCHOOL LAW OF INDIANA. nished and supplied by him or them, the name of the adopt- ed book, and upon the outside of the back cover the price at which such book is furnished to be sold to pupils, under such contract, and it shall be the duty of all county superin- tendents, township trustees, and other school officers and school teachers, to see that all books so furnished to pu- pils, and bought by pupils for use in the schools of the state shall bear such imprint: Provided, This section shall not apply to copy books. (R. S. 1908, 6350.) 510. State superintendent's duty. 14. It shall be the duty of the superintendent of public instruction to cause to be printed, at the expense of the printing fund, and to send to each of the county superintendents, as soon as possible after the passage thereof, a sufficient number of copies of this act to provide such superintendent and each township trustee and each member of the school board in such county with one copy of such act. Each county superintendent shall, at once, upon the receipt of the copies intended for his county, mail, or otherwise deliver, to each township trustee and member of a school board in his county a copy of this act. (R. S. 1908, 6351.) 511. Act supplemental. 15. Nothing in this act shall be construed to in anywise affect the act mentioned in section one of this act. and, the two acts shall be regarded as each supplementing the other, except where this act shall pro- vide a different procedure from the first act, in which case the provisions of this act shall govern. Nothing in this act shall be construed as affecting or impairing any contract right secured by any contractor under the act mentioned in section one of this act, but all such contracts are hereby de- clared to be, and are hereby made, binding upon the state to the same extent as they would have been had this act not been passed. (R. S. 1908, 6352.) [1893, p. 165. Approved March I, 1893.] 512. Contractors to file consent. 1. Whenever the con- tractors, or either of them, to the extent that they might be affected in their contract rights under prior laws, to wit: SCTTOOL LAW OF INDIANA. 309 An act entitled " An act entitled an act to create a board of commissioners for the purpose of securing, for use in the common schools of the State of Indiana, of a series of text books, defining the duties of certain officers therein named with reference thereto, making appropriations therefor, de- fining certain felonies and misdemeanors, providing penal- ties for the violation of the provisions of said act, ' repealing all laws in conflict therewith and declaring an emergency,* " passed by the general assembly of the state of Indiana in the year 1889, and published on page 74 of the acts of 1889; and an act supplemental thereto and upon the same general subject, approved March 5. 189] , shall have filed with the state superintendent of public instruction an agreement in writing, duly executed by them, or either of them separate- ly, consenting to the operation of this act, as affecting the sale of school books furnished by them, under contract with the state pursuant to the provisions of existing laws, it shall then be lawful for, and it is hereby made the duty of, the township trustees and school boards of this state, to sell, for cash, to all merchants and dealers who may ap- ply therefor, and in such quantities as they may require, a sufficient number of adopted school books, furnished by the contractor or contractors, so consenting, to supply all de- mands of school patrons and pupils attending the common schools and residing in their immediate neighborhoods, re- spectively; which books shall, in no event, be sold to school patrons or pupils, by such merchants or dealers, at a price in excess of the price fixed in the contract for such books be- tween the state, board of school book commissioners and such contractor. In making such sales, the township trus- tee and school boards shall be authorized, and it is hereby made their duty to deduct ten per cent, from the contract price at which such books are required by law to be sold to the school patrons and school children of the state, to com- pensate the dealer for handling and selling such books; one- half of which deduction shall be borne by the contractor and one-half thereof by such school corporation. And here- after no adopted books shall be delivered or sold to mer- 310 SCHOOL LAW OF INDIANA. chants or dealers by any county school superintendent, township trustee or school board, except upon the terms and conditions hereinbefore specified. (R. S. 1908, 6358.) 513. Sale to merchants or dealers Trustee's report. 2. When sale shall be made of any books by any township trustee or school board to any merchant or dealer, pur- suant to the provisions of section one of this act, it shall be the duty of such trustee or school board, at the end of such calendar month, to make a report thereof to the county school superintendent of the number and kind of books sold, and the amount of money received therefor, and the num- ber and kind of books on hand; and at the time of making such report to pay over to the county school superintend- ent all money received by him or them from any such sale or sales; at the time of making such report such trustee or school board shall also pay to such superintendent, for transmission to the contractor, the one-half of the amount of the deduction in the price of the books so sold, which last amount shall be paid out of and charged to the special school fund of such school corporation; and for such amount the said trustee or school board shall take the receipt of such superintendent. And in their reports to and settle- ments thereafter made with the board of commissioners of their respective counties, the said trustees and school boards shall be entitled to full credit for the money so paid out of said fund when such superintendent's receipt is ten- dered and filed with such reports: Provided, That when- ever any township trustee or school board shall have sold all books ordered by him or them, or in his or their hands for sale to merchants or dealers, as herein provided, they shall not be required to make quarterly reports, as now provided by law. (E. S. 1908, 6359.) 514. Officers to supply sufficient books. 3. It shall be the duty of county school superintendents, township trus- tees and school boards to see that at all times there are sufficient number of books on hand, either in the hands of such superintendents, trustees or school boards respectively. SCHOOL LAW OF INDIANA. 311 or in the hands of the dealers in the different neighborhoods of their respective school corporations, to supply the pa- trons and pupils of the common schools with all needed books ; and nothing in this act shall be construed so as to re- lieve them from any of the duties now imposed by law in this respect. (E. S. 1908, 6360.) 515. Duty of merchants and dealers. 4. It shall be the duty of all merchants or dealers who may be supplied with books by virtue of the provisions of this act to furnish the township trustee or school board of whom such books may have been purchased and received with a detailed state- ment of the number of books of each kind on hand on the fifteenth day of May of each year, and at such other times during the year as the same may be called for by such trus- tee or school board; and any merchant or dealer who shall refuse for the period of five days after request to do so, by any trustee or school board entitled to receive the same, to furnish such statement as above provided, shall not be en- titled thereafter to purchase or sell any school books under the provisions of this act. And upon the receipt of any such report it shall be the duty of such trustee or school board to forthwith transmit a copy thereof to the county school superintendent, who shall, within ten days after the receipt of any such report, transmit a copy thereof to the contractor, for which reports the contractor shall furnish the necessary blanks. (E, S. 1908, 6361.) 516. County superintendent to make report. 5. It shall be the duty of each county school superintendent in this state, within ten days after receiving any report or money on account of the sale of any books, from any trustee or school board of his county, as hereinbefore provided, to make a full, true and verified report to the contractor of the number and kind of books so sold by the several town- ship trustees or school boards of his county, and of the number and kind of books on hands with the said school officers and himself, which report shall be accompanied by all cash received by him from such trustees or school boards 312 SCHOOL LAW OF INDIANA. on account of such sales; and he shall file a duplicate there- of in the office of the auditor of his county. The necessary blanks for which reports shall be furnished by the contract- or. (B. S. 1908, 6362.) 517. Officers failing to report Right of action. 6. Upon failure of any township trustee, school board or coun- ty school superintendent to perform any duty or to make re- port of any cash received by him or them, as reauired by the provisions of this act, a right of action shall immediate- ly accrue to the contractor against the said officer so in de- fault, and the sureties upon his official bond, for an account- ing and for the recovery of any money received and not transmitted by him or them, and for any damage which may have resulted from his or their neglect or failure to comply with the provisions of this act; and any judgment in favor of the contractor in any such action shall include a reasonable fee for the attorney prosecuting the suit, and such judgment shall be collectible without relief from valu- ation and appraisement laws, and shall be without stay of execution. (B, S. 1908, 6363.) 518. Failure to report at expiration of term Embezzle- ment. 7. Any county school superintendent, township trustee or member of any school board of this state who shall fraudulently fail or refuse, at the expiration of the term for which he was elected or appointed, or at any time during such term, when legally required by the proper per- son or authority, to account for and pay over to such per- son or persons as may be lawfully entitled to receive the same, all money or school books not previously accounted for, which may have come into his hands by virtue of the provisions of this act, shall be deemed guilty of embezzle- ment, and upon conviction thereof, shall be imprisoned in the state prison not more than five years nor less than one year, and fined in any sum not exceeding one thousand dol- lars and rendered incapable of holding any office of trust or profit for any determinate period. (R. S. 1908, 6364.) SCHOOL LAW OF INDIANA. 313 519. Sale for more than contract price. 8. Any mer- chant or dealer who shall knowingly or willfully charge, receive, collect or attempt to charge or collect, for any school book or books by him sold to any school patron or pupil, any sum in excess of the price at which such book or books are required to be sold by law, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the county jail not more than six months nor less than thirty days, and fined in any sum not exceed- ing five hundred dollars. (R. S. 1908, 6365.) 520. Contractors to file consent for revision of books. 9. Whenever the contractors for furnishing books for use in the common schools, under the provisions of existing laws hereinbefore specified, shall have filed with the state super- intendent of public instruction their consent, in writing, to the revision or the introduction of an intermediate book, as hereinafter provided, duly executed by them, and the state board of school book commissioners shall determine that a revision is needed of any or all of the books in use in the common schools under contract made pursuant to law, or that an intermediate grammar or language lessons is need- ed, then it shall be lawful for the state board of school book commissioners to order a revision to be made of any or all of such books as in their judgment may be found necessary for the welfare of the common schools of the state, in the manner and under the conditions following: The said board of school book commissioners shall select a competent author or authors to perform the work of re- vision of the subject-matter of such book or books so or- dered to be revised. The entire cost of such revision, in- cluding the manuscript, illustrations, engravings, maps and plates therefor, shall be paid by the contractor or contract- ors who may at the time of such revision be required to fur- nish such book or books under their contract with the state. The cost and expense, however, of such revision shall first be agreed upon by the state board of school book commis- sioners and the contractor or contractors before such work of revision is commenced: Provided, If said board and 314 SCHOOL LAW OF INDIANA. contractor or contractors shall, for a period of sixty days after an estimate of the cost of any proposed revision has heen furnished by such state board to the contractor, be un- able to agree upon an amount, which in the opinion of such state board would be necessary to cover the cost of any such revision, then the said state board may advertise for bids from publishers of school books for furnishing any such book or books, the cost of revision of which could not be agreed upon; and in such advertisement, selecting and contracting for such book or books, the said board shall be governed by the provisions of laws now in force respecting such matters. (E. S. 1908, 6366.) In order to make a revision of school books, the statute (Acts 1893, p. 165) requires (1) the state board of school book commissioners must se- lect a competent author to make the revision, (2) the cost of such .revision shall be paid by the contractor furnishing- the books, (3) the cost of such revision shall be agreed upon before the revision is begun, (4) such board shall contract with some author to furnish the manuscript of such revision to the acceptance and satisfaction of the board, and (5) such contractor shall give bond to furnish such books. 35 Ind. App. 438. 521. Author to revise County and state superintendent to scale requisition. 10. Whenever the revision of any book, or series of books, shall be determined upon by the state board of school book commissioners, and they shall have contracted with an author or authors to furnish the manuscript for such revision, sufficient time shall be given to the author in which to perform the work of revising the subject matter of such books to the acceptance and satis- faction of such board, and when the revision of the subject matter of any such book is completed by the author and the manuscript thereof furnished to the contractor, at least six months' time shall be given the contractor in which to make the necessary illustrations, engravings, maps and plates, manufacture and ship the books to the various school cor- porations of the state before any such contractor shall be required to furnish any such book, or series of books, so re- vised for use in the schools of the state under his contract. And no new book, or revised book, or series of books, shall be introduced for use in the schools of the state, at any time, SCHOOL LAW OF INDIANA. 315 by virtue of the provisions of this act, until the state board of school book commissioners shall have given notice to the county superintendents, township trustees and school boards of the state, by printed notice mailed to each of said school officers, last above named, at least twelve months in advance of the time when such book, or series of books, are to be used in the public schools, and like notice shall be giv- en by said county superintendents, trustees and school boards to all merchants and dealers in their respective school corporations, who may be selling the adopted books. And it shall be the duty of the state superintendent of public instruction and the county superintendents of each county to scale down to the minimum number all requisitions for school books, which may be made after such notice is given, thereby enabling all township trustees, school boards, and dealers, to dispose of the stock of books in their hands ; but no dealer shall buy or carry on hand, at any time, more books than are actually needed to supply the demands there- for, for the purpose, or with the intent, of preventing the introduction of any new or revised book, according to the spirit of this act. And for the purpose of enabling the state superintendent of public instruction to determine when any requisitions should be scaled down in anticipation of the expiration of any existing contract, it shall be the duty of the contractor to furnish to said state superintendent a copy of the quarterly verified reports made by county su- perintendents to the contractor, giving the number and kind of books on hand with the various dealers and town- ship trustees and school boards of their respective counties ; and at the expiration of such notice such book or books shall only be required to be introduced in the schools as new classes in the study of such branches are being formed, and all classes in such study, or studies, who, at the time of the expiration of the term of such notice, shall have pur- chased books for use in such classes, shall be allowed time to complete such books before being compelled to buy new or revised books. And at the expiration of any contract now in existence, or which may hereafter be made by the state board of school book commissioners, for furnishing 316 SCHOOL LAW OF INDIANA. books for use in the common schools of the state of Indiana, the books then in use in the common schools of this state under such contract or contracts shall be continued in use therein at the same price and upon the same terms and con- ditions until such time or times as the state board of school book commissioners shall determine that a revision thereof is necessary for the best interests of the schools, when such revision shall be made, or a new book contracted for and introduced for use in the schools as hereinbefore specified : Provided, That, at the expiration of any such contract, the state board of school book commissioners shall require such contractor or contractors furnishing such books to execute a new bond, conditioned that they will continue to execute such contract in all regards as they had theretofore exe- cuted the original contract: Provided, further, That noth- ing herein contained shall be construed as restraining or preventing said state board of school book commissioners, after any such school book, or any such revised book, shall have been in use in the schools of the state for a period of five years, from proposing to the contractor furnishing the same, such reduction in the price at which such book or re- vised book shall be continued in use in the schools for the next ensuing five years, as, in the judgment of said board, may seem reasonable. If such contractor shall accede to such proposed reduction, then the price of such book or re- vised book shall, for such ensuing period of five years, be fixed at the original contract price thereof, less the amount of the reduction so agreed upon, and such price shall be printed on the back of said book, as now required by law. In event said contractor shall not be willing to accede to such terms, the said board may appoint a disinterested per- son, conversant with such matters, and require the said con- tractor to select another such person, and the two so chosen shall select a third, and, thereupon, the three so chosen shall inquire into and consider what, if any, reduction ought to be made in the price at which such book or revised book should be furnished for use in the schools of the state for the next ensuing period of five years, and if they shall deter- mine that any such reduction ought to be made, they shall SCHOOL LAW OK TXDTANA. 317 fix the amount of such reduction, and shall certify to the said board and to such contractor their determination in that behalf, and thereupon, if said contractor shall accede to the price thus arrived at, the price of said book for the next ensuing five years shall be fixed at that sum, and the same shall be printed on the back of such books, as now pro- vided by law. and said contractor shall be required to fur- nish the same at such price; but otherwise, in all regards under the provisions of this act and acts to which it is sup- plemental. But if such contractor shall decline to accede to such price thus arrived at, then such board shall have the right, in their discretion, to proceed to advertise for bids to furnish a book in the place thereof; and, in so doing, and in all subsequent steps therein, they shall proceed in accord- ance with the provisions of this act and of the acts to which it is supplemental: And, provided further, That nothing in this act contained shall be construed to prevent the state board of school book commissioners from exercising their discretion in deciding whether they shall order any of the books already in use under contract to be revised, or wheth- er, instead, they shall advertise for books to be adopted in- stead of said books already in use. (R. 8. 1908, 6367.) 522. Intermediate grammar or language lessons. 11. If, in the opinion of the state board of school book commis- sioners, an intermediate grammar or language lessons is needed for the better teaching of such branch of study, in- stead of a revision of the series of grammars now in use, it shall then be lawful for such board to provide for such in- termediate book, and for that purpose shall proceed, as now provided by law, to advertise for proposals to furnish such book, requiring bond in such sum as they deem sufficient to insure the compliance with such proposals, consider such proposals and contract for such book: Provided, however, That such intermediate grammar shall be equal in quality as to material, style of binding and mechanical execution to Long's Lessons in English, and in subject matter shall embrace not less than 110 pages, and shall be adapted to follow in sequence to that of the language lessons book of 318 SCHOOL LAW OF INDIANA. said series now in use, and to be properly introductory to the matter contained in the complete book of the series as now adopted; and if revision of the grammar now in use should be determined upon by the state board of school book commissioners, then such modification shall be made of each or either of the books now constituting said course in grammar as shall adapt them more perfectly to use in the same series, and as shall cover more perfectly the entire subject matter necessary to a complete education in this branch of learning. And said intermediate grammars shall not be sold to patrons or pupils of the public schools of this state at a price above or in excess of twenty cents each. (E. S. 1908, 6368.) 523. State board to meet Notice. 12. For the purpose of determining what book or books, if any, may need revi- sion, or whether an intermediate grammar is needed, the state board of school book commissioners shall meet on the first Monday of April, 1893, and shall then and there make such inquiry and examination of books then in use under contract with the state as shall enable them to determine upon the propriety of ordering any such revision or inter- mediate book or language lessons. And such board shall, within sixty days thereafter, determine and give notice to the contractors of any and all revisions that shall be re- quired to be made before the time of the expiration of the existing contract for any such book or books. (R. S. 1908, 6369.) [1905, p. 163. Approved March 4, 1905.) 524. Frequency of revision. 13. In no case shall any re- vision be required of any book or books used in the com- mon schools of this state oftener than once in every ten years, except copy books, histories and geographies, and all contracts for furnishing said books except histories, copy books and geographies, shall be for a period of ten years, and contracts for furnishing histories, copy books and geog- raphies shall be for a period of five years : Provided, That this act shall not be construed to extend or affect any exist- SCHOOL LAW OF INDIANA. 319 ing contract: AncL provided further, That the state board of school book commissioners shall have the right, by a vote of two-thirds of its members, to cancel the contract for the use of any school book at the expiration of five years, if satisfied that the use of said book would not be for the best interests of the schools of the state. (K. S. 1908, 6370.) [1893, p. 165. Approved March 1, 1893.1 525. Standard of revision Contractor's bond. 14. Whenever any book or series of books shall be revised by order of the state i3oard of school commissioners such book or books when conipleted and ready for use in the schools, shall be equal in every respect to the standard now fixed by law, as to subject matter, material, style of binding, and mechanical execution. And said state board, when con- tracting for any such revision, shall require the contractor or contractors to enter into a written agreement for the fur- nishing of such books, and to execute bond with resident freehold sureties to the acceptance of the governor of this state for the faithful compliance with their contract, such bond to be in such amount as said board shall deem suffi- cient for the purposes contemplated. (R. S. 1908, 6371.) 526. Appropriation. 15. The sum of one thousand dol- lars is hereby appropriated out of any funds in the state treasury not otherwise appropriated for the purpose of pay- ing costs and expenses incident to the giving of notices herein provided for by said state board of school book com- missioners, and to pay the expenses of the state superin- tendent of public instruction incurred in the distribution of this act, and of the acts to which this is supplemental, as herein required, and to carry out the provisions of this act. (E. S. 1908, 6372.) 527. New bond. 16. If at any time the state board of school book commissioners shall find that the bond of any contractor, contracting to furnish books for use in the com- mon schools of the state of Indiana, under this act, or the 320 SCHOOL LAW OF INDIANA. acts to which it is supplemental, has become insufficient to secure the faithful performance of such contract, or from any other reason become inoperative, they shall have the right to require such contractor to execute a new and suffi- cient bond to secure the faithful execution of such contract. And upon failure of any such contractor to furnish such new bond within thirty days after being so required by said board, the said board shall give notice thereof to the attor- ney-general of the state of Indiana, who shall immediately upon receipt of such notice bring suit to procure the cancel- lation of such contract of such contractor so refusing. And service of summons in such cause upon the agent of such contractor in the state of Indiana shall be deemed and held i to be sufficient service upon the contractor; and in such case the attorney-general shall receive a reasonable fee for the prosecuting of such action. (R. S. 1908, 6373.) 528. State superintendent's duty. 17. It shall be the duty of the state superintendent of public instruction, im- mediately upon the passage of this act, to cause to be print- ed a sufficient number of copies thereof, as well also of the acts referred to in the first section hereof, to furnish each county superintendent, school trustee and member of school boards in the state of Indiana, with one copy thereof, and promptly to distribute the same to such school officers through the county superintendents. (R. S. 1908, 6374.) 529; Act supplemental. 18. This act shall be construed as supplementary to the acts referred to in the first section hereof, and said former acts are continued in full force and effect, except so far as modified by the provisions of this act. (R. S. 1908, 6375.) 1. APPROPRIATION. In 1899 $1,000 was appropriated to carry out the provisions of the school book law. Acts 1899, p. 25. In 1901 $1,000 was appropriated annually. In 1903 $1,000 was appropriated. Acts 1903, p. 370. [1903. p. 117. Approved February 28, 1903.] 530. Reading- primer. 1. The state board of school book commissioners is hereby authorized to secure and adopt a SCHOOL LAW OF INDIANA. 321 school reading primer to be used in the public schools of Indiana, and to precede the readers now authorized by law to be adopted by said board. (R. S. 1908, 6321.) 531. Price. 2. The contract price of said primer to pu- pils in the schools of the state shall not exceed ten cents per copy. (R, S. 1908, 6322.) 532. Old laws applicable. 3. All laws and parts of laws now in force and relating to contracts, manner of adopting, revisions, bonds, notices and records, or otherwise referring to the selecting, contracting, handling and use of text-books for use in the public schools of Indiana, shall guide and control the state board of school commissioners and other school officers in the discharge of their duties in the selec- tion, adoption, handling and use of said school reading primer. (R. S. 1!M)K, 533. Use in cities of 5,000. 4. The use of any school reading primer adopted as herein provided shall be optional with school boards in cities having a population exceeding five thousand inhabitants. (R, S. 1908, 6324.) [1907, p. 586. Approved March 12, 1907.) 534. Sale of school books. 1. On and after the taking effect of this act every contract made by the state board of education as a state board of school book commissioners for furnishing school books shall provide that the county super- intendent of schools in each county of the state shall ap- point some dealer or merchant within the county to act as a depository for the sale and distribution of school books con- tracted for by such board of school book commissioners, and he shall contract with said dealer or merchant to carry a sufficient supply of said adopted books to supply the trade in the county, and to sell the ame at contract price, ex- cept to other dealers and merchants within the county, to whom he shall sell the books for cash at a discount of 10 per cent, from the contract price. The said depository [2127277] 322 SCHOOL LAW OF INDIANA. merchant or dealer shall also contract with said county superintendent to furnish to each publisher holding a con- tract with the state of Indiana under this act, satisfactory evidence of his financial responsibility, or furnish a surety bond covering the estimated amount of sales to be made by him in any year, whereupon the said contractor or pub- lisher shall sell to said dealer all books ordered by him at a discount of 15 per cent, from the contract price: Pro- vided, That said school book depository shall pay cash to the contractor or publisher for all books received within sixty days of the date of shipment of such books : Provided, That the contractor shall pay all transportation charges to the nearest railroad or river station to said depository. It shall be the duty of said depository annually in July to ascertain from the county superintendent and local dealers the probable number of books that will be needed to supply the schools for the ensuing year, and upon receipt of this information he shall order said books on or before the first day of August in each year; and upon the receipt of such books he shall immediately notify the local dealers and merchants, desirous of handling such books. (R. S. 1908, 6355.) 535. Proclamation by governor. 2. Upon the expira- tion of the last contract for school books now in force, the governor shall make proclamation that it is no longer the duty of school officers to deal in school books, a 'copy of which proclamation shall be mailed by the state superin- tendent of public instruction to each county superintendent throughout the state; and from and after such proclamation it shall be unlawful for any school officer, trustee, commis- sioner or superintendent to deal in school books in his official capacity, and no part of the expense of dealing in such books shall be borne by any school officer or corpora- tion. (R. S. 1908, 6356.) 536. Existing contracts. 3. Nothing in this act shall prevent those who now hold contracts with the state of In- diana for furnishing school books from taking advantage SCHOOL LAW OF INDIANA. 323 of this act before the expiration of such contracts, and when any contractor shall so elect he shall immediately notify the state superintendent of public instruction, who shall notify all county school book depositories that thereafter their orders shall include the books so transferred. (R. S. 1908, 6357.) [1907, p. 143. Approved March 2, 1907. | 537. Sale of school books in counties where no deposi- tory merchant can be procured. 1. Every contract here- after made by the state board of education as a state board of school commissioners for furnishing school books shall proyide that such school books contracted for shall be de- livered in every school corporation in the state in which they may be required, and shall there be placed on sale at retail toy some local tradesman to all school children at prices named in the accepted bid, such sale to be made with- out expense to the state or any school corporation: Pro- vided, That the maximum rate of commission which the contractor may be compelled to pay shall not exceed in the aggregate ten per centum of the contracted price of such books. In case any contractor, under the provisions of this act, can not contract with a responsible person, firm or as- sociation to distribute the books to any school or schools in the State of Indiana for the said maximum commission, then such contractor shall, on or before the first day of August of any year notify the township trustee or president of the school board maintaining such school or schools of such failure to contract for the distribution of books to such school or schools. It shall then become the duty of such township trustee or president of such school board to cause the superintendent or principal of such school or schools to forward to such contractor at least twenty days before the time set for the opening of such school or schools, an esti- mate of the quantity of books required for use in such school or schools. Such estimated orders shall be repeated from time to time as may be necessary to keep the students thereof fully supplied with books. Such township trustee or board of school trustees shall offer such books for sale to 324 SCHOOL LAW OF INDIANA. the students in such school or schools at the price con- tracted for by the state board of school book commissioners, and shall become responsible to the contractor for pay- ment for all books so ordered. The contractor shall fill all such orders at the prices and under the terms stipulated in the contract with the state board of school book commis- sioners within live days of the receipt thereof, and forward the books by express prepaid. Upon the expiration of the last contract for school books now in existence, the governor shall make proclamation that it is no longer the duty of school officers to deal in school books, except as herein provided, a copy of which proclamation shall be mailed by the state superintendent of public instruction to each county superintendent through- out the state; and from and after such proclamation, it shall be unlawful for any school officer, trustee, commissioner or superintendent to deal in school books in his official ca- pacity, and no part of the expense of dealing in, distribut- ing or. re turn of school books to contractors shall be borne by any school officer or corporation. All laws in conflict herewith are hereby repealed. (H, S. 1908, 6353.) SCHOOL LAW OF INDIANA. 325 CHAPTER XIX. COMPULSORY EDUCATION. SEC. 538. Compulsory attendance Ase -Blind deaf. 539. Truancy board Truancy officers. 540. Truant officers in cities and towns. 541. Compensation. 542. Reports. 543. Poor children Assistance. 544. Parental home Incorrigible child. and 545. Confirmed truant. 546. Tax. 547. Enumeration of children. 548. Names of children furnished truant officer. 549. Schools Eleemosynary institutions. 550. Compulsory education of dependent chil- dren. [1901, p. 470. Approved March 11, 1901.] 538. Compulsory attendance Age Blind and deaf. 1. That every parent, guardian or other person in the State of Indiana, having* control or charge of any child or children between the ages of seven (7) and fourteen (14) years, in- clusive, shall be required to send such child or children to a public, private or parochial school or two or more of these schools each school year for a term or period of not less than that of the public school corporation where the child or children resides: Provided, further, That no child in good mental and physical condition shall for any cause, any rule or law to tlio contrary, be precluded from attending school, when such school is in session: Provided, further, That this act shall apply to any blind or deaf child or children be- tween the ages of eight (8) and sixteen (16) years who are either totally blind, deaf or whose vision or hearing is so defective that they are unable to secure an education by sight or hearing: And provided, further, That in case of a child who is blind or deaf or whose vision or hearing is so defective that he or she is unable to secure an education by sight or hearing, such child shall be required to attend the Indiana School for the Blind or the Indiana State School for the Deaf: Provided, further, That applications for admis- sion of all such children shall be made out in the usual form and passed upon by the board of trustees of the said schools respectively, and that no child shall be permitted to enter 326 SCHOOL LAW OF INDIANA. said school [s] until the application has been accepted by said board of trustees, and in case any child shall have been rejected by said board of trustees no penalty under the act shall rest against the parent, guardian or other person for the non-attendance of such child. (R. S. 1908, 6675, as amended, 1909, p. 351.) 539. Truancy board Truancy officers. 2. The county board of education of each county shall constitute a board of truancy whose duty it shall be to appoint on the first Monday in May of each year one truant officer in each county. Such truant officer shall take his office on the first day of the following August. He shall see that the pro- visions of this act are complied with, and when, from per- sonal knowledge or by report or complaint from any resi- dent or teacher of the township under his supervision, he believes that any child subject to the provisions of this act is habitually tardy or absent from school he shall immedi- ately give written notice to the parent, guardian or cus- todian of such child that the attendance of such child at school is required, and if within five (5) days such parent, guardian or custodian of said child does not comply with the provisions of this section, then such truant officer shall make complaint against such parent, guardian or custodian of such child in any court of record for violation of the pro- vision of this act: Provided, That only one notice shall be required for any child in any one year. Any such parent, guardian or custodian of child who shall violate the pro- vision of this act shall be adjudged guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dol- lars ($25.00), to which may be added, in the discretion of the court, imprisonment in the county jail not less than two nor more than ninety days. (R. S 1 . 1908, 6676, as amended, 1909, p. 34.) 540. Truant officers in cities and towns. 3. A city hav- ing a school enumeration of five thousand or more children, or two or more cities and towns in any county naving a SCHOOL LAW OF INDIANA. 327 combined school enumeration of five thousand or more, may, in the discretion of the county board of truancy, con- stitute a separate district for the administration of this act. Cities containing a school enumeration of ten thousand chil- dren or less shall have but one truant officer. Cities con- taining a school enumeration of more than ten thousand and less than twenty thousand children shall have two truant officers. Cities containing a school enumeration of twenty thousand and less than thirty thousand children shall have three truant officers. Cities containing a school enumeration of thirty thousand and less than forty thou- sand children may have four truant officers. Cities con- taining a school enumeration of more than forty thousand children may have five truant officers to be selected by the board of school commissioners. The truant officers of cities and such separate districts shall enforce the provisions of this act in the manner and under such penalties as are pre- scribed by section 2 of this act. Truant officers of cities mentioned in this section shall be appointed by the board of school trustees or board of school commissioners, re- spectively, of the city. (R, S. 1908, 6677.) 541. Compensation. 4. The truant officers provided for in this act shall receive from the county treasury two [dollars] ($2) for each day of actual service, to be paid by the county treasurer upon warrant signed by the county auditor: Provided, That no county audi- tor shall issue a warrant upon the county treasurer for such service until the truant officer shall have filed an item- ized statement of time employed in such service; and such statement shall have been certified to by the superintend- ent or superintendents of schools of the corporation or cor- porations in which such truant officer is employed and such claim have been allowed by the board of county commis- sioners: Provided, further, That no truant officer shall re- ceive pay for more days than the average length of school term, in the county, cities or towns under his supervision. (R. S. 1908, 6678.) 1. NOTE. Sec Board v. Marr, 22 Ind. App. 539. 328 SCHOOL LAW OF INDIANA. 542. Reports. 5. All school officers and teachers are hereby required to make and furnish all reports that may be required by the superintendent of public instruction, by the board of state truancy or the truant officer, with refer- ence to the workings of this act. (E. S. 1908, 6679.) 543. Poor children Assistance. 6. If any parent, guar- dian or custodian of any child or children is too poor to furnish such child or children with the necessary books and clothing with which to attend school, then the school trus- tee of the township, or the board of school trustees or com- missioners of the city or incorported town where such par- ent, guardian or custodian resides shall furnish temporary aid for such purpose, to such child or children, which aid shall be allowed and paid upon the certificate of such officers by the board of county commissioners of said county. Such township trustee, or board of school trustees, or commissioners shall at once make out and file with the auditor of the county a full list of the children so aided, and the board of county commissioners at their next regular meeting, shall investigate such cases and make such provi- sion for such child or children as will enable them to con- tinue in school as intended by this act. (R. S. 1908, 6680.) 1. NOTE. See Shelby County Council v. State, 155 Ind. 210; same case, 57 N. E. Rep. 712. 2. Po\\ KB TO CONTRACT. The above section does not vest any power in the school board to contract A debt on 'behalf of the county in favor of third persons for supplies furnished. Board v. Falk, 20 Ind. App. 083: 05 N. E. Rep. 10. 3. AID. It is the duty of school boards to furnish poor children of their corporation with books and clothing. 544. Parental home Incorrigible child. 7. School commissioners, trustees and boards of trustees are empow- ered to maintain, either within or without the corporate limits of their corporations, a separate school for incor- rigible and truant children. Any child or children who shall be truant or incorrigible may be compelled to attend such separate school for an indeterminate time. (R. S. 1908, 6681.) SCTTOOr, LAW <>F INDIANA. 329 545. Confirmed truant. 8. Any child who absents itself from school habitually may be adjudged a confirmed truant by the truant officer and superintendent of the schools of the county or city. Such confirmed truant may be sen- tenced by the judge of the circuit court to the reform school for boys, if a boy, or the industrial school for girls, if a girl, provided its age is within the limits set for admission to such institution. If deemed advisable by said judge, such incorrigible child or children may be sent to such other custodial institution within the state as may be designated by him. For its maintenance in such custodial institution, the school corporation in which it resides shall pay at the legal rate for supporting dependent children, twenty-five cents (25c) per day, with such expenses of transportation as arc necessary. (R. 8. 1908, 6682.) 546. Tax. 9. For the defraying of the increased ex- penditure necessary for the carrying out of the purposes of this act trustees of school townships, boards of school trus- tees or commissioners of cities and towns and boards of school commissioners are hereby empowered to levy in ad- dition to any and all sums heretofore provided by law, any amount of special school revenue not exceeding ten (lOc) cents on the hundred ($100) dollars of taxable property, such taxes to be levied and collected as all other special school revenue. (R. 8. 1908, 6683.) 547. Enumeration of children. 10. In order that the provisions of this act may be more definitely enforced it is hereby provided that the enumerators of school children in taking the annual school census shall ascertain and record the place and date of birth of every child enumerated, and the parent, guardian or custodian of such child shall sub- scribe and take oath or affirmation that such record is true. The enumerator is hereby empowered to administer such oath or affirmation, and any parent, guardian or custodian of any child who shall refuse to take such oath or affirma- tion shall be adjudged guilty of a misdemeanor and upon conviction thereof shall be fined any sum not less than one dollar ($1.00). (R. S. 1908, 6684.) 330 SCHOOL LAW OF INDIANA. 548. Names of children furnished truant officer. 11. On the first day of school the trustees, boards of trustees, or commissioners of school corporations, shall furnish the truant officer with the names of the children of compulsory age who are enumerated on the regular enumeration lists. These names shall be alphabetically arranged and shall give all the information contained in the regular enumeration returns. The county commissioners shall provide necessary postage and such blanks as may be required by the state board of truancy or the state superintendent of public in- struction. (K, 8. 1908, 6685.) [1911, p. 332. Approved March 4, 1911.] 549. Schools Eleemosynary institutions. 1. That no person, firm or corporation operating or conducting a cor- rectional, charitable, benevolent or educational institution or training school in the State Indiana, shall be permitted to receive any child over the age of six years and under the age of twenty-one years a-s an inmate of such institution or training school, which child^is being educated by any city, town or township school corporation of the State of Indi- ana, unless a school transfer issued by the proper school officer accompanies the admission of such child. Such trans- fer to be binding on the school corporation issuing the same so long as such child remains in such institution or training school. 550. Compulsory education of dependent children. 2. Any person, firm or corporation operating or conducting a correctional, charitable, benevolent or educational institu- tion or training school, in the State of Indiana, failing to send any child of school age to school who is not physically or mentally disqualified, and who is not sick, shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than five dollars and not more than twenty-five dollars ($25.00), for each and every offense and each day any child is wilfully kept from school during the school term, shall be considered a separate offense under the pro- visions of this act. SCHOOL LAW OF TNDIANA. 331 CHAPTER XX. STATE NORMAL SCHOOL. SEC. 551. Established. 552. Trustees Corporate name. 553. Term of office Vacancies. 554. Organization Officers. 555. Donations. 556. Location. 557. Contract for building. 558. Model school. 559. Duty of Trustees. Sac. 560. 561. 562. 563. 564. Conditions of admission. Tuition fee. Principal of management. Report. Board of Visitors. 565. Certificates Diplomas. 566. Pay of Trustees. 567. Pay of Treasurer and Agent. [1865, p. 140. Approved December 20, 1865.] 551. Established. 1. There shall be established and maintained, as hereinafter provided, a state normal school, the object of which shall be the preparation of teachers for teaching in the common schools of Indiana. (R. S. 1908, 6686.) 552. Trustees Corporate name. 2. In order to the es- tablishment and maintenance of such a school, the governor shall appoint, subject to the approval of the senate, four competent persons, who shall, in themselves and in their successors, constitute a perpetual body corporate, with power to sue and be sued, and to hold in trust all funds and property which may be provided for said normal school, and who shall be known and designated as the "board of trustees of the Indiana state normal school. " The super- intendent of public instruction shall be, ex officio, a mem- ber of this board. (R. S. 1908, 6687.) 553. Term of office Vacancies. 3. Two members of this board shall retire, as may be determined, by lot or otherwise, in two years after their appointment, and the remaining two in four years; whereupon the governor, sub- ject to the approval of the senate, shall appoint, as afore- said, their successors for a period of four years. AD vacan- 332 SCHOOL LAW OF INDIANA. cies occurring in said board from death, or resignation, shall be filled by appointments made by the governor. (E. S. 1908. 6688.) 554. Organization Officers. 4. Said board of trustees shall meet on the second Tuesday in January, 1866, at the office of the superintendent of public instruction, and shall organize, by electing one of its number president, and one secretary, each for a term of two years ; and, at this or at a subsequent meeting, it shall elect some suitable person, out- side of its number, as treasurer, who shall, before entering on duty, give bond in such sum as it may prescribe. (E. S. 1908, 6689.) 555. Donations. 5. Said board shall, at its first meet- ing, open books to receive, from different parts of the state, proposals for donations of grounds and buildings, or funds for the procuring of grounds and erecting of buildings, for said normal school. Also, it may, if deemed needful, at this 'or a subsequent meeting, appoint one of its number, or other competent person, to visit the different parts of the state and explain the nature and object of said normal school, and to receive proposals of donations of buildings and grounds, or of funds for the same. (E, S. 1908, 6690.) 556. Location. 6. Said board shall locate said school at such place as shall obligate itself for the largest donation: Provided, first, That said donation shall not be less in cash value than fifty thousand dollars; second, that such place shall possess reasonable facilities for the success of said school. (E, S. 1908, 6691.) 557. Contract for building. 7. Said board shall, imme- diately after the selection of place of location, proceed to let a contract, or contracts, for the erection of a building, to the lowest responsible bidder: Provided, That no mem- ber of the board be a contractor for building, or for fur- nishing any material therefor. (E, S. 1908, 6692.) SCHOOL LAW OF INDIANA. 333 558. Model school. 8. Said 'board shall organize, in connection with the normal school, in the same building with the normal school or in a separate building, as it shall decide, a model school, wherein .such pupils of the normal school as shall be of sufficient advancement shall be trained in the practice of organizing, teaching ajad managing schools. (R. S. 1908, 6693.) 559. Duty of trustees. 9. Said board shall prescribe the course of study for the normal school; shall elect the in- structors and fix their salaries; and shall determine the con- ditions, subject to limitations hereinafter specified, on which pupils shall be admitted to the privileges of the school. (R. S. 1908, 6694.) 560. Conditions of admission. 10. The following condi- tions shall be requisite to admission to the privileges of in- struction in the normal school: First. Sixteen years of age, if females, and eighteen, if males. Second. Good health. Third. Satisfactory evidence of undoubted moral char- acter. Fourth. A written pledge on the part of the applicant, filed with the principal, that said applicant will, so far as may be practicable, teach in the common schools of Indiana a period equal to twice the time spent as a pupil in the normal school; together with such other conditions as the board may, from time to time, impose. (R. S. 1908, 6695.) 1. STUDENTS MUST SURMIT TO RULES. A student is required to submit to any proper rule necessary for the good government of the institution. State v. White, S2 Iml. 278. 561. Tuition fee. 1 1 . Tuition in the normal school shall be free to all residents of Indiana who fulfill the four con- ditions set forth in the preceding section and such other conditions as the board may require. (R. S. 1908, 6696.) 562. Principal of management. 12. A high standard of Christian morality shall be observed in the management 334 SCHOOT LAW OF INDIANA. oi the school, and, as far as practicable, inculcated in the minds of the pupil? ; yet no religious sectarian tenets shall be taught. (E. 8. 1908. 6697.) 563. Report. 13. Said hoard of trustees shall, bien- nially, i:mke a report to the legislature, setting forth the financial and scholastic condition of the school; also make such suggestions as, in their judgment, will tend to the improvement of the same; and in the years in which there is no session of the legislature, it shall make a report of the scholastic condition of the school to the governor, on or before the first Monday in January. (E, S. 1908, 6698.) 564. Board of visitors. 14. The state board of educa- tion shall appoint, annually, in the month of June, or at its first meeting thereafter, a committee of three, who shall constitute a board of visitors, and shall, in a body or by one of its number, visit said school once during each term, and witness the exercises and otherwise inspect the con- dition of the school; and, by the close of the normal school year, they shall make a report to the board oi trustees, The members of said board of visitors shall be allowed five dol- lars for each day's service rendered, and Ktiso traveling ex- penses, to be paid out of the state treasury. (As amended, 1873, p. 199, E. S. 1908, 6699.) [1873, p. 199, Approved March 5, 1873.] 565. Certificates Diplomas. 2. The board of trustees is authorized to grant, from time to time, certificates of pro- ficiency to such teachers as shall have completed any of the prescribed courses of study, and whose moral character and disciplinary relations to the school shall be satisfac- tory. At the expiration of two years after graduation, sat- isfactory evidence of professional ability to instruct and manage a school having been received, they shall be en- titled to diplomas appropriate to such professional degrees as the trustees shall confer upon them; which diplomas shall be considered sufficient evidence of qualification to teach in any of the schools of this state. (E. S. 1908, 6701.) SCHOOL LAW OF INDIANA. 335 [1865, p. 140. Approved December 20, 1965.1 566. Pay of trustees. 1 6. The members of the board of trustees shall each be allowed five dollars for each day's service rendered, also traveling expenses, to be paid out of thi' state treasury. (E. R. 1908, 6703.) 567. Pay of treasurer and agent. 17. Said board shall pay its treasurer, and its agent, if such be appointed, as provided for in this act, such sums for their services as shall he i-eaooimble and just. (11, S. 1908, 6704.) 336 SCHOOL LAW OF INDIANA. CHAPTER XXI. ACCREDITED NORMAL SCHOOLS. tec. 568. The state board of education a state teach- er's training board. 569. Courses of study. 570. Two-year course. SEC. 571. Diplomas. 572. "Accredited" school. 573. When "accredited" denied. [1997, p. 451. Approved March 11, 1907.] 568. State teachers' training board Duties. 1. The state board of education, in addition to its present powers and duties, shall be and is hereby constituted a state teach- ers ' training board, and, as such, is authorized and directed to arrange for a regular system of normal school instruc- tion throughout the state; to designate what schools and what professional departments in schools shall be accred- ited in the state system of normal school instruction ; to fix conditions upon compliance with which present and future schools and departments may become accredited as a part of such system; to establish, inspect, pass upon and ap- prove, reject, alter, amend or enlarge courses of study and teaching in the several accredited normal schools and the accredited professional departments in schools of the state; and to determine upon credits to be allowed for the work of accredited schools and departments, and equivalents, if any, to be accepted for such work or any part thereof. Said board shall make no rule, regulation or requirement apply- ing to any accredited school or department which shall not under like circumstances apply to each and every accred- ited school and department in the state, nor shall any re- quirement, be in excess of the requirements of the Indiana state normal school; it being the purpose and intent of this act that all schools and departments for normal instruction and the training of teachers shall maintain as nearly as possible like standards of excellence and efficiency. (R. S. 1908, 6313 ) SCHOOL LAW 01 INDIANA. 337 569. Courses of study. 2. The state teachers' training board shall have powor and authority to prescribe courses of study upon completion of which graded certificates of work done may be granted by any such accredited school, which certificate shall be recognized by the Indiana state normal school so far as such certificates meet the requirements of said school course. (R. S. 1908, 6314.) 570. Two-year course. 3, In order to encourage trained teachers to teach in the district schools and in the grades in the small towns of the state, each accredited school and the state normal school may, subject to the rules and regula- tions of the state teachers' training board, establish a two-year course open to high school graduates, the comple- tion of which will be accepted in lieu of a license and will entitle one to teach in the district schools and the grades in the small towns For three yars without examination. (R. S. 1908, 6315.) NOTE. The minimum daily wages of teachers taking advantage of this provision will be $2.12i th<> first year and .$2.70 during the second and third years. 571. Diplomas. 4. After two years from graduation, upon satisfactory evidence of professional experience and ability to instruct and manage a school, under rules and regulations therefor to be established by said state teach- ers' training board, graduates of any accredited school or department shall be entitled to diplomas to be issued by said accredited school, stating the character and amount of work completed. (R. S. 1908, 6316.) 572. " Accredited" school. 5. Said state teachers' training board shall grant to each school and department accepting the provisions of this act and agreeing to be bound by the rules and regulations of said board the right to use the word "accredited" as a part of the title or name of such school or department, which right shall be revoked [2227277] 338 SCHOOL LAW OF INDIANA. by said board at any time upon the refusal of any such school or department to abide by any rule or regulation of said board. (E. S. 1908, 6317.) 573. When ' 'accredited" denied, 6.. It shall be unlaw- ful for any school or department for normal instruction and the training of teachers which has not accepted the provi- sions of this act or whose authority under this act has been revoked to use the word " accredited" as a part of its name or title or to state that such school or department has been accredited. If any officer, employe, agent, owner, or part owner, or instructor or teacher in any school or department for normal instruction and the training of teachers which has not been accredited as provided herein or whose author- ity hereunder has been revoked as herein provided, shall use the word " accredited" as a part of the name or title of such school or department, or shall publish, advertise, an- nounce or say that such school or department is accredited, upon conviction of the same, he shall be fined in any sum of not more than five hundred dollars. (E. S. 1908, 6318.) SCHOOL LAW OF INDIANA. 339 CHAPTER XXII. I XI ) I A N A UNIVERSITY. SEC. 574. Recognized. 575. Tax for endowment fund. 576. Application of fund. 577. Bond of state. 578. Loans by State Auditor. 579. Mortgages taken by State Auditor. 580. State may borrow fund. 581. Trustees Corporate name Officers Pow- ers. 582. The first Trustees. 583. The first meeting. 584. Vacancies 585. Pay of Trustees. 586. Trustees of Indiana University. 587. Trustees' terms expiring 1891, successors. 588. Trustees' terms expiring 1893, successors. 589. Registry of alumni. 590. Nomination ot Trustees. 591. Annual meeting of alumni. 592. Method o r voting by ammni. 593. Annual meeting. 594. Quorum Temporary appointments. 595. Seminary township. 596. I merest, on loans. 597. Faculty Powers. 593. No religious qualification. 599. No sectarian tenets. 600. County students. 601. Notice to counties. 602. Treasurer's bond. 603. Board of visitors. 604. Visitors not attending to be reported. 605. Duties of Visitors. 606. Duties of Secretary. 607. Duties of Treasurer. 608. Report to State Superintendent. 609. Lectures by Faculty. 610. Geological examinations and specimens. 611. Printing annual report. 612. Contents of report. 613. Notice of sessions. 614 Buildings and repairs. 615. \ormai department. 016. Agricultural department. 617. Scholarships transferrable. 618. Perpetual scholarships.. 619. Library. 620. State Geologist. 621. Fund, how derived Loans. 622. Auditor of State to loan Duty, 623. Form of mortgage. 624. Form of note. SBC. 625. Loans Security. 626. Interest. 627. Priority of mortgage. 628. Recording of mortgage. 629. Certificate as to liens. 630. Abstract of title. 631. Auditor's duty. 632. Payment. 633. Satisfaction. 634. Loans, how collected. 635. Judgment. 636. Notice of sale. 637. Sale. 638. When Auditor to buy Re-sale. 639. Limit of bid Overplus. 640. Statement of sale. 641 . Title in state, without deed. 642. Sale for cash Certificate. 643. Sale on credit. 644. Fees and damages. 645. Accounts Reports. 646. Accounts with borrowers. 647. Interest, when loaned. 648. Unsold lands. 649. Certificate of payment Putent. 650. Leases. 651. Commissioners' report. 652. Commissioners' duty. 653. Pay of Commissioners. 654. Patents, and recording. 655. Pay for managing fund. 656. Extension of payments. 657. Forfeiture, how prevented. 658. Forfeited lands. 659. Appraisement of lands. 660. Where filed and recorded. 631. Duty of County Auditors. 662. Notice of sale. 663. Sale. 664. Terms of sale. 665. Private entry. 666. Certificate of purchase. 667. Certificate to be registered. 668. Certificate assignable. 669. -Forfeiture. 670. Surplus. 671. Forfeiture, how prevented . 672. Land, how redeemed. 073. Security. 674. Suit for waste. 675. Patent on full payment. 676. Audi tor 's report- 340 SCHOOL LAW OF INDIANA. SBC. 677. 678. 679. 682. Treasurer's report. To pay money to State Treasurer. Pay of Auditor and Treasurer. Loans. Disposition of proceeds. Report of sales. One Trustee to attend sales. No member to deal in the lands. SEC. 685. Trustees to get information. 686. State Treasurer collects loans. 687. County Auditors loan. 688. Auditor of State can not loan. 689. Counties pay interest. 690. Suit for deficiency after Bale. 691. School of Medicine. [1 R. S. 1852, p. 504. Approved June 17, 1852.] 574. Recognized. 1. The institution established by an act entitled "an act to establish a college in the state of Indiana," approved January 28, 1828, is hereby recognized as the university of the state. (R. S. 1908, 6705.) [1883, p. 82. Approved March 3, 1883.] 575. Tax for endowment fund. 1. There shall be as- sessed and collected, as state revenues are assessed and col- lected, in the year of eighteen hundred and eighty- three, and in each of the next succeeding twelve years, the sum of one-half of one cent on each one hundred dollars 7 worth of taxable property in this state; which money, when col- lected and paid into the state treasury in each of the years named in this act, shall be placed to the credit of a fund to be known as the permanent endowment fund of the In- diana university. (R. S'. 1908, 6818.) 1. FORECLOSURE. A mortgage securing a loan of the permanent en- dowment fund may be foreclosed by public advertisement without suit, under sections 656 to 665. Fisher v. Brown, 159 Ind. 130; 64 N. E. Rep. 614. 576. Application of fund 2. Whenever, after the first day of May, eighteen hundred and eighty-four, there shall have been paid into the state treasury a sum of said per- manent endowment fund sufficient to pay off any of the interest-bearing indebtedness of the state, it shall be the duty of the treasurer of state to pay off and cancel such in- debtedness, and it shall be the duty of said treasurer of state to continue to pay off and cancel said interest-bearing indebtedness which may be due, or which, by the terms of the contract creating such indebtedness, may be paid off, SCHOOL LAW OF INDIANA. 341 whenever there is a sufficient sum of said permanent endow- ment fund in the state treasury to pay off the same out of said permanent endowment fund. (R. S. 1908, 6819.) 577. Bond of state. 3. It shall be the duty of the treas- urer of state, immediately after paying off any of the inter- est-bearing indebtedness of the state, as provided for in section 2 of this act, to make and issue to the trustee of said university and to their successors in office a non-nego- tiable bond of the state in an amount equal to the sum drawn from said permanent endowment fund and used -in such payment. Said non-negotiable bond shall be signed by the governor and the treasurer of state and attested by the secretary of state and the seal of the state, and be made payable in fifty years after date, at the option of the state, and said bond shall bear five per cent, interest from date until paid, which interest shall be paid semi- annually on the first days of May and November of each year, and the same shall be applied to the current and ex- traordinary expenses of said university and be paid to the trustees thereof, under the same rules and regulations as is now required by law in the payment of the revenues of said university. The non-negotiable bonds provided for in this act, when executed, shall remain in the custody of the treasurer of state. (R. S. 1908, 6820.) 578. Loans by state auditor. 4. That so much of said permanent endowment fund as shall not at any time be ab- sorbed by the non-negotiable bonds of the state, as contem- plated in this act, shall be loaned by the auditor of state at six per centum interest, payable annually in advance, in real estate security; and in making loans and disburs- ing interest collected the treasurer of state and the auditor of state shall be governed by the law now in force regulat- ing the manner of making loans of the university funds and paying out interest collected, except as otherwise provided in this act. (R. S. 1908, 6821.) 342 SCHOOL LAW O INDIANA. 579. Mortgages taken by state auditor. 5. It shall be the duty of the auditor of state to make a complete record of every mortgage and note executed on account of any loan from said permanent endowment fund in a book to be kept in his office for that purpose ; and on payment of any loan to said fund said auditor shall enter a record of satis- faction in full on the margin of the record of the mortgage in his office and sign the same with his name; and he shall also, in like manner, enter satisfaction in full on the face of the mortgage; which mortgage, when presented by the mortgagor, or any person holding title under 'him, to the recorder of the county wherein the land mortgaged is situ- ated, shall authorize the recorder of said county to copy such entry on the record in his office. (E. S. 1908, 6822.) 580. State may borrow fund. 6. If at any time here- after the state shall need the loan of any part, or of all, of said permanent endowment fund, the state shall be a pre- ferred borrower of so much of said fund as shall not be loaned at the time. But it shall be the duty of the treasurer of state to cause to be executed, as an evidence of any such loan, a non-negotiable bond of the state for the amount so borrowed in like manner as is provided in section 3 of this act: Provided, If at any time hereafter the said Indiana university shall be consolidated with any other educational institution or institutions of the state, or shall be removed from its present location for any cause whatever, the fund raised under the provisions of this act shall be held and used for the benefit of such institution, as consolidated or changed, notwithstanding such change or consolidation whenever so removed or consolidated: Provided, further, That, after said date, no further appropriation shall be made to said university. (R. S. 1908, 6823.) [1855, p. 201. Approved March 3, 1855.] 581. Trustees Corporate name Officers Powers. 1. The board of trustees of the state university shall be eight in number, of whom not more than one shall reside in the same county, excepting the county of Monroe, from which two may be selected. They, and their successors, shall be SCHOOL LAW OF INDIANA. 343 a body politic, with the style of "The trustees of Indiana university ;" in that name to sue and be sued; to elect one of their number president; to elect a treasurer, secretary, and such other officers as they may deem necessary ; to pre- scribe the duties and fix the compensation of such officers; to possess all the real and personal property of such uni- versity for its benefit; to take and hold, in their corporate name, any real or personal property for the benefit of such institution; to expend the income of the university for its benefit ; to declare vacant the seat of any trustee who shall absent himself from two successive meetings of the board, or be guilty of any gross immorality, or breach of the by- laws of the institution ; to elect a president, such professors and other officers, for such university, as shall be neces- sary, and prescribe their duties and salaries; to prescribe the course of study and discipline, and price of tuition in such university ; and to make all by-laws necessary to carry into effect the powers hereby conferred. (R. S. 1908, 6706.) 582. The first trustees. 2. The following persons, and their successors, shall constitute said board: Joseph S. Jenckes, of Vigo county; Joel B. McFarland, of Tippecanoe county; George Evans, of Henry county; William M. French, of Clark county; Ransom W. Aiken, of Monroe county; Johnson McCullough, of Monroe county; James R. M. Bryant, of Warren county ; John I. Morrison, of Wash- ington county; three of whom shall serve for two years, two for three years, and three for four years. (R. S. 1908, 6707.) 583. The first meeting. 3. The first meeting of said board shall be held at the town of Bloomingtbn, on Monday, the second day of April, 1855, when they shall determine, by lot, their several terms of service. (R, S. 1908, 6708.) 584. Vacancies. 4. Vacancies in said board, whether occasioned by death, resignation, removal from the state, expiration of terms of service, or otherwise, shall be filled by the state board of education. (R. S'. 1908, 6709.) 344 SCHOOL LAW OK INDIANA. 585. Pay of trustees. 5. The trustees of said univer- sity shall receive, when employed in the actual service of the university, the same pay as members of the general assembly. (R, S. 1908, 6717.) [1891, p. 65. Approved March 3, 1891.) 586. Trustees of Indiana university. 1. The trustees of Indiana university shall hereafter be elected for such terms of service, and in such manner, as is herein provided, and the terms of service of the trustees now in office, and of those hereafter elected, shall expire on the first day of July of the year in which such terms are to end. (R. S. 1908, 6710.) 587. Trustees' terms expiring 1891, successors. 2. Suc- cessors to three trustees whose terms of service expire in the year eighteen hundred and ninety-one (1891) shall be elected by the alumni of the University at the college com- mencement of the year 1891 ; one of the trustees so selected shall serve for one year, one for two years, and one for three years. At the first meeting of the board of trustees after July 1, 1891, the several terms of service of such three trustees shall be determined by lot. At the annual commencement of the year in which their terms expire, suc- cessors to such three trustees shall be elected by the alumni of the university, each to serve for three years. When vacancies in the board of trustees arise, from the death, resignation, removal from the state, expiration of term of service, or otherwise, of any of the three trustees to be elected in 1891, or any of their successors, such vacan- cies shall be filled by the alumni. (R. S. 1908, 6711.) 588. Trustees' terms expiring- 1893, successors. 3. Suc- cessors to the two trustees, whose terms of service expire in 1893, shall be elected by the state board of education, and one of such two successors shall be elected for a term of two years, and the other for a term of three years. Suc- cessors to the three trustees, whose terms expire in 1894, shall be elected by the state board of education, one for a SCHOOL LAW OF INDIANA. 345 term of two years, and the other two trustees for terms of three years. Successors to the five trustees herein pro- vided to be elected by the state board of education shall be elected by said state board of education, each trustee so elected to serve for three years : Provided, That trus- tees elected by the alumni, or the state board of education, to fill vacancies caused otherwise than by expiration of terms of service, shall be elected for such unexpired terms only. When vacancies in the board of trustees arise from the death, resignation, removal from the state, expiration of term of service, or otherwise, of any of the five trustees, or their successors herein provided to be elected by the state board of education, such vacancies shall be filled by s;ii46 SCHOOL LAW OF INDIANA. at the university on the Tuesday before the annual com- mencement day of said university, at the hour of nine o'clock a. m., at which meeting a trustee shall be elected to serve for three years from the first day of July of such year, and any trustee or trustees which the alumni may be entitled to elect to complete any unexpired term or terms. (E. S. 1908, 6715.) 592. Method of voting by alumni. 7. Each alumnus resident in the state of Indiana may send to said librarian, over his signature, at any time before the meeting of the alumni for the election of such trustee or trustees, the vote for such trustee or trustees which he would be entitled to cast if personally present at such meeting, which vote such librarian shall deliver to such meeting to be opened and counted at said election, together with the votes of those who are personally present ; but no person shall have more than one vote. The person or persons having the highest number of votes upon the first ballot shall be declared the trustee or trustees according as there may be one or more than one trustee to be elected: Provided, The votes re- ceived by said person, or by each of said persons, or at least fifty per cent, of all the votes cast. Otherwise the alumni personally present at such meeting shall, from the two having the highest pluralities, elect a trustee, unless their pluralities shall aggregate less than fifty per cent, of the votes cast, in which case there shall be included in the number of those to be voted for, so many of those coming after such two highest in order of pluralities as will bring the aggregate of such pluralities of those to be voted for to fifty per cent, of the votes cast. (R, S. 1908, 6716.) [1 R. S. 1852, p. 504. Approved June 17, 1852.] 593. Annual meeting. 3. Said trustees shall annually meet at the town of Bloomington at least three days pre- ceding the annual commencement of the university. (R. S. 1908, 6718.) SCHOOL LAW OF INDIANA. 347 594. Quorum Temporary appointments. 4. Five of such trustees shall constitute a quorum; and, in case an emergency is declared by the faculty, after there shall have been a called session at which the other members failed to attend, the trustees residing in the county of Mon- roe may fill vacancies in the faculty of the university and the board of trustees; and, in case there should not be three trustees in attendance upon such emergency, then those that are in attendance, together with such members of the faculty as may be in attendance, shall fill such vacan- cies; but appointments thus made shall expire at the next meeting of the board. (K. S. 1908, 6719.) 595. Seminary township. 5. The trustees of said uni- versity shall receive the proceeds of the sales and rents of the three reserved sections in the seminary township in Monroe county, and the same shall be paid to the treas- urer of said trustees, on their order. (E. S. 1908, 6720.) 596. Interest on loans. 6. The interest arising from loans of the state university fund, as received at the state treasury, shall be paid on the warrants of the auditor of state ; such warrants to be granted on allowances made to the persons entitled thereto by the board of trustees, and duly certified by their secretary. (R. S. 1908, 6721.) 597. Faculty Powers. 7. The president, professors and instructors shall be styled "The faculty" of said uni- versity and shall have power First. To enforce the regulations adopted by the trus- tees for the government of the students ; to which end they may reward and censure, and may suspend those who con- tinue refractory, until a determination of the board of trus- tees can be had thereon. Second. To confer, with the consent of the trustees, such literary degrees as are usually conferred in other universi- ties, and, in testimony thereof, to give suitable diplomas, under the seal of the university and signature of the fac- ulty. R. S. 1908, 6722.) 348 SCHOOL LAW OF INDIANA. 598. No religious qualification. 8. No religious qualifi- cation shall be required for any student, trustee, president, professor or other officer of such university, or as a condi- tion for admission to any privilege of the same. (E. S. 1908, 6723.) 599. No sectarian tenets. 9. No sectarian tenets shall be inculcated by any .professor at such university. (E. S. 1908, 6724.) 600. County students. 10. The trustees shall provide for the tuition, free of charge, of two students from each, county in this state, to be selected by the board of county commissioners. (E. S. 1908, 6725.) 1. Each county may send two students, free of tuition fees, to be in- structed in the law department, as well as any other department. McDon- ald v. Hagins, 7 Blackf. 525. 601. Notice to counties. 11. The secretary of the board shall notify the county auditor of each county of the state whenever there shall not be in attendance at the university the number of students which such county is entitled to send free of tuition ; of which such auditor shall notify the board of commissioners of such county at its next meeting (E. S. 1908, 6726.) 602. Treasurer's bond. J2. The treasurer of the uni- versity shall give bond in a penalty, and with surety to be approved by such board, payable to the state, conditioned for the faithful discharge of his duties; which bond shall be filed with the auditor of state. (E. S 1 . 1908, 6727.) 603. Board of visitors. 13. The governor, lieutenant- governor, speaker of the house of representatives, judges of the supreme court, and superintendent of common schools [state superintendent of public instruction], shall constitute a board of visitors of the university, and any three thereof a quorum. (E, S. 1908, 6728.) 604. Visitors not attending, to be reported. 14. In case the members of such board of visitors fail to attend SCHOOL LAW OF INDIANA. 349 the annual commencement exercises of the university, the president of the board of trustees shall report such of them as are absent to the next general assembly, in its annual report. (R, S. 1908, 6729.) 605. Duties of visitors. 15. Such board of visitors shall examine the property, the course of study and discipline, and the state of the finances of the university, and recom- mend such amendments as it may deem proper, the books and the accounts of the institution being open to its in- spection; and it shall make report of its examination to the governor, to be by him laid before the next general assembly. (R, S. 1908, 6730.) 606. Duties of secretary. 16. The secretary of the board of trustees shall keep a true record of all the proceedings of said board, and certify copies thereof. He shall also keep an account of the students in the university according to their classes, stating their respective ages and places of residence, and a list of all graduates. (R. S. 1908, 6731.) 607. Duties of treasurer. 17. The treasurer of said uni- versity shall First. Keep true accounts of all money received into the treasury of said university, and of the expenditures thereof. Second. Pay out the same on the order of the board of trustees, certified by its secretary. Third. Collect the tuition fees due the same. Fourth. Make semi-annual settlements with the board of trustees. Fifth. Submit a full statement of the finances of the uni- versity, and his receipts and payments, at each meeting of the board of trustees. Sixth. Submit his books and papers to the inspection of the trustees and visitors. (R, S. 1908, 6732.) 608. Report to state superintendent. 18. The board of trustees, its secretary and treasurer, shall report to the 350 SCHOOL LAW OF INDIANA. superintendent of common schools [slate superintendent of public instruction], a! 1 matters relating to the university, when by him required. (II. S. 1908 ? 6733.) 609. Lectures by faculty. 19. One member of the fac- ulty, to be designated by a majority thereof, of which the secretary of the board shall be informed, shall, by himself or competent substitute, deliver a public lecture on the prin- ciples and organization of the university, its educational facilities (being careful not to disparage the claims of other institutions of learning in the state), in at least fif- teen different counties of the state, of which he shall give due notice; and in a vacation of less duration than one month a member of the faculty, to be designated as afore- said, shall deliver such lecture in at least three different counties; a brief statement of which lectures shall, by the persons delivering them, be reported to the board of trus- tees, annually, to be by them incorporated in the annual report to the general assembly; but no two such lectures shall be delivered in the same county until all the counties of the state have been lectured in. (K, S. 1908, 6734.) 610. Geological examinations and specimens. 20. Such lecturers shall make such geological examinations and col- lect such mineralogical specimens as they may be able to make and procure; a report whereof they shall make to the board of trustees, to be by it incorporated in its annual report to the general assembly; and such specimens, to- gether with those they may procure by voluntary dona- tions, they shall deposit in a suitable room in the university buildings, to be fitted up for that purpose. (E. S. 1908, 6735.) 611. Printing annual report. 21. The governor of the state shall order the printing, annually, of five thousand copies of the annual report of the board of trustees, twenty- five hundred of which shall be for the use of the members of the general assembly and twenty-five hundred for the faculty. (K.S. 1908, 6736.) - FIOOL LAW OF INDIANA. 351 612. Contents of report. 22. Such report shall contain what is now included in the annual catalogue, with such other matters as may be deemed useful to the cause of edu- cation, connected with the university. (R, S. 1908, 6737.) 613. Notice of sessions. 23. The hoard of trustees, through its president, shall give at least one month's notice of the commencement of each session of the university in at least one newspaper in the cities of Indianapolis, Louis- ville, in the state of Kentucky, and in New Orleans, in the state of Louisiana. (R. S. 1908, 6738.) 614. Buildings and repairs. 24. The board of trustees shall, annuallj 7 , appoint a committee of its body to examine the university buildings and grounds adjacent, who shall report the kind and cost of repairs, if any are needed ; and one of the members of the faculty shall be appointed to take care of such buildings and grounds. (R, S. 1908, 6739.) 615. Normal department. 25. Such trustees shall es- tablish a normal department for instruction in the theory and practice of teaching, free of charge to such young per- sons, male and female, residents of the state, as may de- sire to qualify themselves as teachers of common schools, within the state, under such regulations as such board of trustees may make in regard to admitting to, kind, and time of delivery of lectures in such department, and the granting of diplomas therein; and such regulations shall be incorporated in the annual report of the trustees to the general assembly. (R. S. 1908, 6740.) 616. Agricultural department. 26. Such trustees shall also establish an agricultural department in such univer- sity, under proper regulations, which shall likewise be set forth in their annual report. (R. S. 1908, 6741.) [1857, p. 130. Approved March 7, 1857.] 617. Scholarships transferable. 1. All scholarships in the state university, issued for or founded upon subscrip- 352 SCHOOL TAW OF INDIANA. tion moneys paid by individuals toward the construction of the university buildings, or any of them, or the right to use said scholarships for any session or sessions of the college year in said institution, may be transferred or sold by the holders thereof for a valuable consideration. (E. S. 1908, 6742.) [1861, p. 89. Approved May 31. 1861.] 618. Perpetual scholarships. 1 . The contingent fee on perpetual scholarships, issued by the trustees of the state university, shall not be more than one dollar per session: Provided, That the trustees are hereby authorized to pur- chase said scholarships whenever, in their opinion, it is for the best interests of the university, at not more than ninety cents on the dollar, by giving notice in some news- paper published in the town of Bloomington, that they are ready to purchase said scholarship; and, after the date of such notice, no person shall be entitled to any benefits un- der the provisions of said scholarships, except to sell the same, as is provided in this act. (R. S. 1908, 6743.) [1861, p. 88. Approved May 11, 1861.] 619. Library. 2. The state librarian is directed to trans- fer from the state library to the library of the Indiana uni- versity a complete set of journals of both houses of the legislature, a copy of all laws enacted since the organiza- tion of the state, and of all reports from the several de- partments of state, and of those received from other states, and from the general government, together with all other books and documents of which there are duplicates now in the state library, or shall be hereafter received : Provided, That such books and documents can be spared without in- jury to the state library, and that such transfer be made without expense to the state. (R. S. 1908, 6744.) 620. State geologist. 3. The state geologist, while he holds his office, shall be regarded as a member of the fac- ulty of the university; and he is hereby directed, in his SCHOOL LAW OF INDIANA. 353 reconnoisances, to collect duplicate specimens of mineral- ogy and geology, and to deposit one set of the same in the cabinet of the state university. (R. S. 1908, 6745.) [1 K. S. 1852, p. 504. Approved June 17, 1852.] . 621. Fund, how derived Loans. 28. The university fund shall consist of the lands in Monroe and Gibson coun- ties, and the proceeds of sales thereof, and all donations for the use of such university, where the same is expressly mentioned in the grant, or where in such grant the term 11 university " only is used; the principal of which fund, when paid into the state treasury, shall be loaned, and the annual interest thereon applied to the current expenses of the university, upon warrants drawn on the treasurer of state by the auditor of state, on the requisition of the board of trustees, signed by the president and attested by the secretary thereof. (R. S. 1908, 6746.) 622. Auditor of state to loan Duty. 29. It shall be the duty of the auditor of state to loan out such fund upon real estate security. He shall duly inform himself of the value of all real estate offered in pledge, and shall be judge of the validity of the title thereof; and any person apply- ing for a loan shall produce to said auditor the title papers to such real estate, showing title in fee simple, without in- cumbrance arid not derived through any executor's or ad- ministrator's sale, or sale on execution. (R, S. 1908, 6747.) 623. Form of mortgage. 30. The mortgage to be taken may be in the following form in substance (as amended, 1901, p. 342, R, S'. 1908, 6748) : I, A. B., of the county of , in the state of Indiana, do assign and transfer to the state of Indiana all [here describe the land], which I de- clare to be mortgaged for the payment of - - dollars, with interest at the rate of six per cent, per annum, payable in advance, according to the con- ditions of the note hereunto annexed. [2327277] ,'>f)4 SCHOOL LAW OF INDIANA. 624. Form of note. 31. The note accompanying t he- same may be, in substance, as follows (as amended, 1901, p. 342, E. S. 1908, 6749): I, A. B., promise to pay to the state of Indiana, on or, before the day of , the sum of , with interest thereon at the rate of six per cent, per annum, in advance, commencing on the - - day of - , 19 , and do agree that, in case of failure to pay any installment of said inter- est, the said principal shall become due and collectible, together with all arrears of interest; and on any such failure to pay principal or interest when due, five per centum damages on the whole sum due shall be col- lected with costs, and the premises mortgaged may be forthwith sold by the auditor of public accounts L auditor of state], for the payment of such principal sum, interest, damages and costs. 625. Loans Security. 32. No greater sum than five hundred dollars shall be loaned to any one person out of such fund, nor shall the loan be for a longer period than five years; and the sum loaned shall not exceed one-half of the appraised value of the premises to be mortgaged, clear of all perishable improvements. The auditor may re- duce the amount to be loaned on any such valuation, when, for any cause, he may have reason to believe the same was not in proportion to the prices of similar property selling in the vicinity, such valuation to be made from the valu- ation of the same property in the assessment of the state revenue. {E. S. 1908, 6750.) 626. Interest. 33. The rate of interest required shall be six per cent, in advance, payable annually. On failure to pay any installment of interest when due, the principal shall forthwith become due, and the note and mortgage may be collected. (As amended, 1901, p. 342, E. S. 1908. 6751.) 627. Priority of mortgage. 34. Such mortgages shall be considered as of record from the date thereof, and shall have priority of all mortgages or conveyances not previ- ously recorded, and of all other liens not previously in- curred, in the county where the land lies. (R. S. 1908, 6752.) SCHOOL I.AAV OF IXDIAXA. .'*;");") 628. Recording of mortgage. 35. It shall be the duty of the auditor to have such mortgages recorded with due diligence, the expense whereof shall -be borne by the mort- gagor, and may be retained out of the money borrowed. (B. S. 1908 r 6753.) 629. Certificate as to liens. 36. The person applying for a loan shall file with the auditor the certificate of the clerk and recorder of the county in which the land lies, showing that there is no conveyance of or incumbrance on said land, in either of their offices. (B. S. 1908, 6754.) 630. Abstract of title. 37. Such person shall also, be- fore he receives the money to be loaned, make oath to the truth of an abstract of the title to his said land, and that there is no incumbrance, or better claim, as he believes, upon said land. (R. & 1908, 6755.) 631. Auditor's duty. 38. On making any loan of such fund, the auditor shall draw his warrant on the treasurer in favor of the borrower; and the treasurer shall pay the same 'and charge it to the proper fund. (B. S. 1908, 6756.) 632. Payment. 39. All loans refunded and all interest shall be paid into the state treasury; and the treasurer's receipt shall be filed with the auditor of state, who shall give the payer a quietus for the amount thereof and make the proper entries upon his books. (B. S. 1908, 6757.) 633. Satisfaction. 40. Whenever the amount due on any mortgage shall be fully paid and the treasurer's receipt filed therefor, the auditor shall indorse on the note and mortgage that the same has been fully satisfied, and sur- render them to the person entitled thereto ; and on the pro- duction of the same, with such indorsement thereon, the recorder of the proper county shall enter satisfaction upon the record thereof. (B. S. 1908, 6758.) 634. Loans, how collected. 41. When the interest or principal of any such loan shall become due and remain 356 SCHOOL LAW OF INDIANA. unpaid the auditor shall proceed to collect the same by a suit on the note, or by the sale of the mortgaged prem- ises, or both, as to him may seem most advisable. He may, also, by proper action, obtain possession of the mortgaged premises. (E. S. 1908, 6759.) 635. Judgment. 42. In case of suit on such note, and judgment thereon, no stay of execution or appraisement of property shall be allowed. (E, S. 1908, 6760.) 636. Notice of sale. 43. On failure to pay any interest or principal, when due on any such mortgage, the auditor shall advertise the mortgaged property for sale in one or more of the newspapers printed in this state, for sixty days such sale to take place at the court house door in Indianapolis. (E. S. 1908, 6761.) 637. Sale. 44. At the time appointed for such sale the auditor and treasurer of state shall attend, and the auditor shall make sale of so much of the mortgaged premises to the highest bidder, for cash, as will pay the amount due for principal, interest, damages and cost of advertising and selling the same ; and such sales may be in parcels, so that the whole amount required be realized. (E. S. 1908, 6762.) 638. When auditor to buy Resale. 45. In case no one will bid the full amount due as aforesaid, the auditor shall bid in the same, on account of the proper fund ; and as soon thereafter as may be, he shall sell the same to the highest bidder for cash, or on a credit of five years, interest being payable annually in advance. (E. S. 1908, 6763.) 639. Limit of bid Overplus. 46. The sale authorized in the preceding section shall not be for less than the amount chargeable on such land; but if for more, the over- plus shall be paid to the mortgagor, his heirs or assigns. (E. S. 1908, 6764.) SCHOOL LAW OF l.XDTAiVA. 357 640. Statement of sale. 47. The treasurer shall attend and make a statement of such sales, which shall be signed by the auditor and treasurer, and, after being duly re- corded in the auditor's office, shall be filed in the treasur- er's office, and such record, or a copy thereof, authenti- cated by the auditor's or treasurer's certificate, shall be received as evidence of the matters therein contained. (R. S. 1908, 6765.) 641. Title in state, without deed. 48. When any land is bid in by the state at such sale, no deed need be made therefor to the state ; but the statement of such sale, and the record thereof made, as in the preceding section required, shall vest the title in the state, for the use of the fund. (R. S. I DOS, >7o-6.) 642. Sale for cash Certificate. 49. In case of a sale of any such land to any person for cash, on the production of the treasurer's receipt for the purchase money, the auditor shall give to the purchaser a certificate, which shall entitle him to a deed for said land, to be executed by the governor of this state and recorded in the office of the secretary of state. (R. S. 1908, 6767.) 643. Sale on credit. 50. In like manner, when any tract bid in by the state or sold on a credit, on the execution and delivery of a note and mortgage for the proper amount, as in other cases required, the purchaser shall be entitled to a deed for the same, to be made as prescribed in the preced- ing section; and the transaction shall be entered, and ap- pear upon the auditor's and treasurer's books as a pay- ment of the sum bid, and a reloan of the same to the pur- chaser, and the proper receipts and warrants shall pass therefor. (R. S. 1908, 6768.) 644. Fees and damages. 51. For the services of the auditor and treasurer in conducting such sales, they shall be entitled to receive five per cent, damages, chargeable on such sales. (R. S. 1908, 6774.) 358 SCHOOL LAW OK LXDIAXA. 645. Accounts Reports. 52. The auditor and treasurer shall keep fair and regular entries of the sums received and paid out on account of said fund, and shall include the same in their annual reports. (R. S. 1908, 6775.) 646. Accounts with borrowers. 53. In addition thereto, the auditor shall keep fair and regular accounts with the borrowers of said fund, and shall report the names of bor- rowers with his annual report. (R. S'. 1908, 6776.) 647. Interest, when loaned, 54. Should any interest remain on hand, not wanted for the use of the university, the same may be loaned as other funds. (R. S. 1908, 6777.) 648. Unsold lands. 55. The care and disposition of the lands belonging to and for the use of said university, re- maining unsold or unpaid for, shall be vested in the present commissioners of the reserved townships in the counties in which such lands may lie, who shall sell such as remain un- sold, and such as are forfeited for non-payment, on such terms and under such regulations as the board of trustees of such university may provide; except that, in every in- stance, the interest on the purchase money must be paid in advance. No purchaser, his heirs or assigns, shall have the right to cut down or destroy timber standing upon such land, other than for the erection of fences and buildings thereon, or for firewood to be used on the premises, and in fairly improving it for cultivation. (R. S. 1908, 6778.) 649. Certificates of payment Patent, 56. On the first payment for any such land being made, the proper com- missioner shall execute to the purchaser a certificate there- for; and, on final payment, the original certificate shall be surrendered to the commissioner, and by him filed away, and he shall give to the purchaser two final certificates, stating the whole amount of principal and the whole amount of interest paid, one of which certificates shall be for- warded to the auditor of state; and on presentation of the other to the auditor of state, if in all things correct, he SCHOOL LAW OK INDIANA. 359 shall countersign the same, which shall entitle the owner to a patent, to be issued by the governor for the land so paid for. (R. S. 1908, 6779.) 650. Leases. 57. Such commissioners may, from time to time, lease any such unsold improved land, for a term not exceeding one year, until the same can be sold; and such leases shall be guarded against trespass 'and waste by proper covenants. (R. S. 1908, 6780.) 651. Commissioners' report. 58. Such commissioners shall make an annual report to the board of trustees of the lands remaining unsold, such as are forfeited, such as are not fully paid for, the amount due, and money collected from sale, as interest or principal; which report shall be subscribed and sworn to by such commissioners, respective- ly, and be incorporated in the annual report of such board to the general assembly. (R. S. 1908, 6781.) 652. Commissioners' duty. 59. Money collected by such commissioners shaft be paid over to the treasurer of the board, who shall execute to such commissioners two re- ceipts therefor, each specifying the persons for whom such money was collected, and the amount thereof, whether for interest or principal ; one of which receipts shall be immedi- ately forwarded to the auditor of state, to be by him used in his settlement with such treasurer. (R. S. 1908, 6782.) 653. Pay of commissioners. 60. Such board shall regu- late the compensation of such commissioners, (R. S. 1908, -'" 6783. 654. Patents, and recording. 61. Patents for land sold shall be made by the governor, and recorded in the office of the secretary of state. (R. S. 1908, 6784.) - [1855, p. 201. Approved March 3. 1855.) 655. Pay for managing fund. 7. The auditor of state and the treasurer of state, for the management of the uni- 360 SCHOOL LAW OF INDIANA. versity fund, shall be, jointly, entitled to receive five per centum upon the interest paid in on such fund; and it shall not be lawful for them, or either of them, to make any other charges against the same. (E. S. 1908, 6785.) 656. Extension of payments. 8. The time for the final payments to be made by the holders of original certificates for the purchase of lands reserved and granted to the state university of Indiana, in the case of all such certificates as have heretofore been issued and are now outstanding, shall be extended for the further term of three years from the time when the same may, respectively, fall due. (E. S. 1908, 6786.) 657. Forfeiture, how prevented. 9. Any and all holders of such certificates, as aforesaid, who have forfeited such lands by the non-payment of interest on the purchase money, shall be exempted and released from such forfeit- ure by paying, to the commissioners of such lands, on or before the first day of August, in the year 1855, all interest due on the same, together with the interest upon the amount due at the time of such forfeiture up to the time of said payment; and upon such payment being made, in the man- ner, and within the time herein specified, the holder of such certificate shall have the same rights under it as if such forfeiture had never occurred. (E. S. 1908, 6787.) 658. Forfeited lands. 10. If any portion of said lands now forfeited shall not have been redeemed on said first day of August next, as provided in the preceding section, it shall be the duty of the commissioners of such reserved lands to sell the same for the best price they can obtain, not less than the original purchase price, allowing the, pur- chaser a credit on the same as now provided by law. If any of such lands shall hereafter be forfeited, it shall be the duty of such commissioners, if the same be not re- deemed within six months from the time of such 'forfeiture, to sell the same on the terms in this section above provided For their services in effecting such sales, the commission- SCHOOL LAW OF INDIANA. 361 ers shall be entitled to retain, out of the first money re- ceived from the purchasers, five per cent, upon the amount of the purchase price of such lands. (R. S. 1908, 6788.) [1859, p. 234. Approved March 2, 1859.] 659. Appraisement of lands. 1. The board of trustees of the Indiana university shall cause to be appraised the land granted by the United States to the state of Indiana for the use of the said university. (R. S. 1908, 6789.) 660. Where filed and recorded. 2. It shall be the duty of the said trustees, when the said appraisement shall have been made, to record the same upon their books, and to file a copy of the same in the office of the auditor of state, to be, by said auditor, recorded in his office; and, also, to file copies of such appraisements of the lands in the respec- tive counties in the office of the auditor of the county where the lands are situate, to be by said county auditor recorded. ( R. S. 1908, 6790.) 661. Duty of county auditors. 3. The auditor of^each of the said counties shall, upon said appraisements being filed as aforesaid, and when required to do so by the said board of trustees, offer for sale so much of the said lands as may be within their respective counties at public auc- tion, in the manner hereinafter mentioned. (R. S. 1908, 6791.) 662. Notice of sale. 4. Notice of the time, place and conditions of such sale shall be given by publication, for four weeks successively in a newspaper published in such county, if any there be ; if not, in a newspaper in this state published nearest thereto, and also by posting up written or printed -notices thereof in three of the most public places in the township in which the lands are situated, and a like notice at the courthouse door at the county seat. (R. S. 1908, 6792.) 362 SCHOOL LAW OF INDIANA. ' 663. Sale. 5. The place of sale for said lands shall be at the courthouse in each county of the state in which the said lands may be situated, and it shall be the duty of the county auditor to attend at the courthouse of his county at the time mentioned in the notice of the sale of said lands, and offer for sale at public auction, in legal subdivisions, and as near as practicable, in half-quarter sections, all the lands lying within his county; and, for that purpose he shall continue the sale from day to day, until all the said lands shall have been offered for sale. (R. S. 1908, 6793.) 664. Terms of sale. 6. The said lands shall be offered for sale at the time and place mentioned in such publica- tion, and struck off to the highest bidder, by said county auditor and county treasurer, for a price not less than the appraised value thereof one-fourth of the purchase money to be paid in hand, and the remaining three-fourths at the expiration of ten years from the date of such sale, with interest annually in advance, at the rate of seven per cent, per annum, upon the residue or deferred payment. (E. S. 1908, 6794.) 665. Private entry. 7. When any of said lands, offered at public sale as aforesaid, shall remain unsold, they shall be subject to private entry with the county auditor and county treasurer of each county, upon the same terms and conditions as lands sold at public auction, for a sum not less than the appraised value thereof, by any person applying to -enter the same. (R. S. 1908, 6795.) 666. Certificate of purchase. 8. When any sale shall be effected, either at public or private sale as aforesaid, the county auditor shall give to the purchaser thereof a certifi- cate, signed by him officially, bearing date on the day of sale, stating therein the name of the purchaser, the tract or tracts of land purchased by him, the number of acres con- tained in said tract or tracts, the price per acre, and the whole sum for which the same was sold, the amount of prin- cipal paid, and the amount of interest paid in advance. (R. S. 1908, 6796.) SCHOOL LAW OF INDIANA. 363 667. Certificate to be registered. 9. Said certificate shall be registered by the county auditor in a book provided for that purpose, by entering in said book a correct copy thereof. (R. S. 1908, 6797.) 668. Certificate assignable. 10. Said certificates of en- try shall be evidence of title to the land therein mentioned in the persons in whose names they shall issue, or their assigns, and shall be assignable, provided such assignments be acknowledged before the auditor of the county wherein the land is situated (who is hereby authorized to take such acknowledgments), and recorded by said auditor in a book to be kept by him for that purpose; for which service the said auditor shall be entitled to receive a fee of fifty cents r to be paid by the assignor of such certificate. (R. S. 1908, 6798.) 669. Forfeiture. 11. On failure of any purchaser to pay any installment of interest on said deferred payment of purchase money when the same becomes due, the con- tract shall become forfeited and the land shall immediately revert to the state for the use of said university, and the county auditor shall forthwith proceed to sell the same in the manner and on the terms hereinbefore specified for said public sales. (R. S. 1908, 6799.) 670. Surplus. 12. If, on such subsequent sale, such lands shall produce more than is sufficient to pay the sum owing therefor, with interest and costs and five per cent. damages upon the amount due on such lands, the surplus shall, when collected, be paid over to the purchaser so for- feiting or his legal representative. (R. S. 1908, 6800.) 671. Forfeiture, how prevented. 13. At any time be- fore such subsequent sale, payment of the sum due, with interest for the delay, and all costs, together with two per cent, damages upon the amount due on such lands, shall prevent such sale and revive the original contract. (R. S. 1908, 6801.) 364 SCHOOL LAW OF INDIANA. 672. Land, how redeemed, 14. The former owner of any lands sold as delinquent, his heirs, executors or ad- ministrators, may, at any time within one year after such resale, redeem the same by paying to the purchaser, his heirs or assigns, or to the county treasurer, for him or them, the amount of purchase money paid by such pur- chaser, together with all subsequent payments, either of principal or interest, which such purchaser, or those claim- ing under him, may have made thereon, with interest at the rate of ten per cent, per annum. (R. S. 1908, 6802.) 673. Security. 15. The board of trustees may require security from the purchaser at any of said sales, sufficient to prevent any waste being committed upon the lands by the removal of timber therefrom, or otherwise. (R. S. 1908, 6803.) 674. Suit for waste. 16. In case of any forfeiture as aforesaid, the purchaser so forfeiting shall be liable and may be sued for unnecessary injury or waste done to such land, and damages to double the amount of such injury or waste recovered therefor such suit to be begun and prose- cuted by the auditor of the county where the land lies, in the name of the state of Indiana, for the use of said uni- versity. (R. S. 1908, 6804.) 675. Patent, on full payment. 17. On full payment be- ing made for any such land the county auditor shall issue- to the purchaser, or his assignee, a final certificate there- for; which, upon presentation to the auditor of state, shall entitle the owner thereof to a patent for the land described therein, to be issued by the governor and recorded in the office of the secretary of state. (R. S. 1908, 6805.) 676. Auditor's report. 18. The county auditor make, on the first Monday of each month, a report of his sales of said lands to the secretary of the board of trus- tees and to the auditor of stnte, showing the date of sale, the description of the lands sold from time to time, the SCHOOL LAW OF IXDIAXA. 365 number of acres, the price per acre, the total amount of in- terest paid, and of all forfeitures, re-sales and redemptions thereof. (B, S. 1908, 6806.) 677. Treasurers' report. 19. The county treasurer shall make* a report, on the first Monday of each month, to the treasurer of the board of trustees of the university and to the treasurer of state, of all moneys received by him, whether principal or interest, on account of such lands; and the said board of trustees shall require the books of their secretary and treasurer to be so kept as to exhibit the true condition of the accounts of all such purchases and sales of tin- said lands. (R. 8. 1908, 6807.) 678. To pay money to state treasurer. 20. The county treasurer shall, on the first Monday of each month, pay over to the treasurer of state all sums received on account of the principal of the purchase money of said lands, and shall pay to the treasurer of the board of trustees of the university all sums received on account of the interest upon the purchase money of the said lands. (R, S. 1908, 6808.) 679. Pay to auditor and treasurer. 21. The several county auditors and treasurers shall receive for their serv- ices the same compensation which may, from time to time, be allowed by law for similar services in relation to the sale of common school lands, which shall be in full for all their services required by this act. (R. S. 1908, 6809.) 680. Loans. 22. The auditor of state shall loan out the said principal of the moneys received from the several county treasurers on account of said sales, in the same manner, and requiring- the same security, as other portions of the university fund is now or may hereafter be required by law to be loaned out, and shall pay over to the treasurer of "the board of trustees the interest derived from said prin- cipal, as a part of the income of the university. The said auditor of state shall, in his annual report to the legis- lature, report the names of the borrowers of the whole of SCHOOL LAW OF INDIANA. the university fund, the amount borrowed by each, and the total amount on loan at the date thereof, and the amount of the suspended debt, if any, and in whose name forfeited. (E. S. 1908, 6810.) 681. Disposition of proceeds. 23. Of the first proceeds of said sum, the said board of trustees shall be entitled to receive an amount equal to the amount of interest belong- ing to the university and loaned out as principal by the auditor of state, as shown by the report of that officer to the general assembly at the session of 1851-52 ; which shall be paid to the treasurer of the board of trustees of the uni- versity, and be applied, under the order of the board of trustees, to the discharge of the debts growing out of the rebuilding of the university, and to the purchase of a suit- able library, philosophical apparatus therefor, or proper furniture, in place of those destroyed by the burning of the university. (R. S. 1908, 6811.) 682. Report of sales. 24. The board of trustees shall, in their annual report, include a full statement of the amount of the sales of such lands, and the application of the funds received therefor, as reported to them, from time to time. (R. S. 1908, 6812.) 683. One trustee to attend sales. 25. One member of the board of trustees, to be designated by the board, shall attend to the public sales of the said lands, to prevent com- binations injurious to the interests of the university; and he shall have power to withdraw the said lands, or any por- tion thereof, from sale, when, in his judgment, the inter- ests of the university would be thereby promoted, and shall have the power and right to designate and determine in what subdivisions any of the said lands may be sold, at the time of said public sale, for the best interests of the said university. (R. S. 1908, 6813.) 684. No member to deal in the lands. 26. No member of the board of trustees of the university shall either di- rectly or indirectly, become the purchaser of any such lands sriIOOL LAW OF INDIANA. 367 at any sale made by the county auditor, or by private entry with the auditor, after any forfeiture of purchase, and any sale made to any member of the said board, contrary to the provisions of this section, shall be absolutely void, and the purchase-money, and interest which may have been paid thereon, shall be forfeited to the university fund. (R. S. 1908, 6814.) 685. Trustees to get information. 27. The commission- ers of the university lands in Gibson and Monroe counties, and the several county auditors and treasurers of the coun- ties in which any of the university lands are situated shall furnish such information in relation to the lands and other property of the university, as may, from time to time, be required of them by the said board of trustees, and shall report, annually, the amount of unpaid purchase-money due on the lands sold for the use of the said university, in each of their counties. (R. S. 1908, 6815.) [1897, p. 117. Approved March 2, 1897.] 686. State treasurer collects loan. 1. The treasurer of state shall proceed at once to collect all outstanding loans belonging to the permanent endowment fund of the state university, located at Bloomington, which may be due, and shall collect all other loans belonging to said fund, as fast as they become due, which money, together with all other moneys that come into the hands of said treasurer, belong- ing to said fund, shall be immediately apportioned by the auditor of state pro rata among the several counties in this state, according to population, as ascertained by the enum- eration taken and made in the year 1895, for legislative ap- portionment, and that the treasurer of state, immediately thereafter, pay the same to the several county treasurers, according to said apportionment made by the said auditor of state, and take their receipts therefor ; and semi-annual- ly, on the first day of May and November of each year, the said auditor of state shall apportion the amount collected during the preceding six months, and the treasurer of state shall pay the same to the respective county treasurers as above provided. (R, S. 1908, 6770.) 368 SCHOOL LAW OF INDIANA. 687. County auditors loan. 2. The said moneys so dis- tributed and paid to said counties, as provided by section one (1) of this act, shall be loaned by the auditors of the respective counties in the same manner and on the same terms and conditions and under the same restrictions, sub- ject to the same limitations, and said loans shall be again collected from the borrower, as the common school funds are now loaned and collected. And the said several coun- ties shall be liable in the same manner and to the same ex- tent for the principal and interest of said fund, and for the. payment of the same, as they are now liable for the pay- ment of the interest and principal of the common school funds. (R. S. 1908, 6771.) 688. Auditor of state can not loan. 3. The auditor of state is hereby prohibited from making any further loans from said fund, and all money in his hands belonging there- to shall be by the auditor of state apportioned, and by the treasurer of state paid to the several counties, where ap- portionment is made as provided in section one (1) of this act. (R. S. 1908, 6772.) 689. Counties pay interest. 4. The several counties of this state shall pay the interest on said fund to the treas- urer of state at the same time and in the same manner as interest is now paid on the school fund, and said treasurer of state shall at once pay the same to the trustees of the Indiana university and take proper receipts therefor. (R. S. 1908 ? 6773.) [1903, p. 142. Approved March 3, 1903.] 690. Suit for deficiency after sale. 1. In all cases where the auditor of state has made loans from the university fund, college fund or the permanent endowment fund of the Indiana state university, which said loans were secured by mortgage upon real estate, and when said mortgaged premises have been heretofore or which may be hereafter forfeited to the state for non-payment of the amount due thereon, or have been heretofore or hereafter shall be bid in by the auditor of state for the benefit of said respective SCHOOL LAW OF INDIANA. 369 funds, and where said mortgaged premises when sold ac- cording to law after having been forfeited or bid in by the auditor of state have failed or shall fail to sell for a sum sufficient to satisfy the principal and interest* of the loan made and the damages accrued by reason of such failure and costs, the auditor of state shall bring suit on the note executed by the mortgagor for the deficiency, for which de- ficiency the maker shall be liable; and when judgment shall be rendered thereon, no appraisement of property shall be allowed on execution issued on such judgment. (E. S. 1908, 6769.) [1909, p. 99. Approved March 2, 1909.) 691. School of medicine. 1. The trustees of Indiana University are hereby authorized to conduct a medical school in Marion county, Indiana, and to receive gifts of real estate and other property on behalf of the State of Indiana for tlio maintenance of medical education in said county, conditioned that said trustees shall conduct as an integral part of the Indiana University school of medicine a full four years' course in medicine in said Marion county, Indiana: Provided, That there shall be no discrimination for or against any school or system of medicine in the university, and that all or each of the schools or systems of medicine now recognized by the state shall have adequate opportunity to teach the practice of medicine in the university according to the principles advocated by them respectively, and that it shall be the duty of the trustees of Indiana University to provide such instruction in as thorough a manner as the means at their disposal will permit, and as nearly as possible to provide the same quality of instruction whenever a rea- sonable demand shall be made for the same: Provided, fur- ther, That premedical or other collegiate work done in any college or university of Indiana, which is recognized by the state board of education of Indiana as a standard college or university, shall be received and credited in the Indiana University school of medicine upon the same conditions as work of the same kind, grade and amount done in the de- partment of liberal arts of Indiana University. [2427277] 370 SCHOOL LAW OF INDIANA. CHAPTER XXIII. PURDUE UNIVERSITY. SEC. 692. 700. 701. 702. 703. 704. 705. 706. 707. Agricultural college scrip. The first trustees and original name. Sale and investment of scrip. Donations accepted. Location. Permanent name. Corporate name Powers and duties of trustee. Dedication of street. Power to dedicate. Privileges of John Purdue. Amendment or repeal. Appointment of trustees. Term of office. Vacancies, how filled. Officers Treasurer's bond and duties. County students. SEC. 708. Students. 709. Investment of fund. 710. Gift to establish school of technology. 711. Farmer's reading courses. 712. Agriculture Rural improvement Appro- priation. 713. Uses of appropriation. 714. Extension department. 715. Farmer's institute County auditor. 716. County council Appropriation.- 717. Repeal. 718. Acceptance of U. S. grant. 719. Agricultural experiment station \vork Appropriation. 720. Uses of appropriation. 721. Work How carried on. [1865, p. 106. Approved March 6, 1865.] 692. Agricultural college scrip. 1. The State of In- diana accepts and claims the benefits of the provisions of the acts of congress, approved July 2, 1862, and April 14, 1864, and assents to all the conditions and provisions in said acts contained. (R. S. 1908, 6844.) 1. CONGRESSIONAL LEGISLATION. The acts of congress referred to in this section will be found in the acts of 18G5 (p. 100), set out at length in the preamble. 693. The first trustees, and original name. 2, The gov- ernor of this state, for the time being, and Alfred Pollard of Gibson, Smith Vawter of Jennings, Henry Taylor of Tippecanoe, and Lewis Burk of Wayne, and their succes- sors, are created a body corporate, under the name of ' t The Trustees of the Indiana Agricultural College." (R. S. 1908, 6845.) 694. Sale and investment of scrip. 5. Said trustees shall, by the hand of their treasurer, claim and receive from the secretary of the interior the land scrip to which SCHOOL LAW OF INDIANA. 371 this state is entitled by the provisions of said acts of con- gress; and, under their direction, said treasurer shall sell the same, in such manner and at such times as shall be most advantageous to the state, and shall invest the pro- ceeds thereof, and any interest that may accrue thereon, in the stocks of the United States, or of this state, yielding not less than five per centum per annum, upon the par value of the stocks ; and said principal and interest shall continue to be so invested, until further provision shall be made by the general assembly of this state for fulfilling the require- ments of said acts of congress. (R. S. 1908, 6846.) [1869. p. 24. Approved May 6, 1869.] 695. Donations accepted. 1. The donation offered by John Purdue, as set forth and communicated to the present general assembly in the message of the governor, on the sixteenth day of April, 1869, and the donations offered by the county of Tippecanoe, the trustees of the Battle-Ground institute, and the trustees of the Battle-Ground institute of the Methodist Episcopal church, as set forth and communi- cated to the general assembly, at its last session, in the message of the governor, of the twenty-seventh day of January, 1869, are hereby accepted by the state of Indiana. (R. S. 1908, 6847.) 696. Location. 2. The college contemplated and pro- vided by the act of congress, approved July 2, 1862, entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," is hereby located in Tippecanoe county, at such point as may be determined be- fore the first day of January, 1870, by a majority vote of the trustees of the Indiana agricultural college; and the faith of the state is hereby pledged that the location so made shall be permanent. (R. S. 1908, 6848.) 679. Permanent name. 3. In consideration of said do- nation by John Purdue, amounting to one hundred and fifty thousand dollars, and of the further donation of one hundred 372 SCHOOL LAW OF INDIANA. acres of land appurtenant to the institution, and on condi- tion that the same be made effectual, the said institution, from and after the date of its location as aforesaid, shall have the name and style of "Purdue university;" and the faith of the state is hereby pledged that said name and style shall be the permanent designation of said institution, with- out addition thereto or modification thereof. (E. S. 1908, 6849.) 698. Corporate name Powers and duties of trustees. 4. From and after the date of the location made as aforesaid, the corporate name of the trustees of the Indiana agri- cultural college shall be "The trustees of Purdue univer- sity"; and they shall take in charge, have, hold, possess, and manage, all and singular, the property and moneys comprehended in said donations, as also the fund derived from the sale of the land scrip donated under said acts of congress, and the increase thereof, and all moneys or other property which may hereafter at any time be do- nated to and for the use of said institution. They shall also have power to organize said university in conformity with the purposes set forth in said acts of congress, hold- ing their meetings at such times and places as they may agree on, a majority of their number constituting a quorum. They shall provide a seal ; have power to elect all professors and teachers, removable at their pleasure; fix and regulate compensations; do all acts necessary and ex- pedient to put and keep said university in operation; and make all by-laws, rules, and regulations required or proper to conduct and manage the same. (E. S. 1908. 6850.) [1893, p. 36. Approved February 17, 1993.] 699. Dedication of street. 1. The trustees of Purdue university are hereby empowered to dedicate for a public street, adjoining the town of West Lafayette, Indiana, a strip of land thirty feet in width, and described as follows : beginning at the southeast corner of the lands owned by said university, and running thence north along the east side of said university lands to the state road, a distance of about thirteen hundred and fifty feet. (E, S. 1908, 6861. ) SCHOOL LAW OF INDIANA. 373 700. Power to dedicate. 2. That the trustees of Purdue university are hereby empowered to dedicate for public streets such strips of lands extending through or along the grounds owned by said university as they may deem for the best interest of said university. (E. S. 1908, 6862.) [1869, p. 24. Approved May 6, 1869.] 701. Privileges of John Purdue. 5. In further consid- eration of his said donation, John Purdue shall, from and after the taking effect of this act, be added as a member of said trustees of the Indiana agricultural college, and he shall also be a member of sajd trustees of Purdue uni- versity. Should he, at any time, cease to be such member, he shall be continued as an advisory member of said, trus- tees; and he shall, during his lifetime, have visitorial power, for the purpose of inspecting the property, real and personal, of said university, recommending to the trustees such measures as he may deem necessary for the good of the university, and investigating the financial concerns of the corporation. And he is authorized to make report of his examination, inspection, and inquiries, to the general assembly, at any session thereof. (R. S. 1908, 6852.) 702. Amendment or repeal. 6. This act shall be subject to future amendment or repeal, except so far as it provides for the acceptance of donations, the location of the college, the name and style thereof, and the rights and privileges conferred upon John Purdue. (H. S. 1908, 6853.) . [1875, p. 120. Approved March 9, 1875.) 703. Appointment of trustees. 1. On the first day of July, 1895, it shall be the duty of the governor of this state to appoint nine trustees for Purdue university, two of whom shall be nominated by the state bo-ird of agriculture, one by the state board of horticulture, one by the Purdue Alumni Association, and five selected by the, governor himself : Pro- vided, Tli at no more than two of such trustees as may be selected by the governor himself shall be appointed from any one congressional district: And also provided, That the o74 SCHOOL LAW OF INDIANA. first board so appointed shall include the three persons who at the time are the last nominees of the state board of agri- culture and the state board of horticulture: And also pro- vided, That the board of trustees now in office shall remain in office and perform all the duties thereof as now required by law until their successors are duly appointed and quali- fied, as provided in this act: And, provided, further, That the nominee of the Purdue Alumni Association shall be a graduate of Purdue university: And also provided, That the nominee of Purdue Alumni Association shall be appoint- ed by the governor of the State of Indiana to fill the second vacancy in said board occurring after the taking effect of this act, by expiration of term or otherwise, among the trus- tees heretofore appointed by the governor himself. (R. S. 1908, 6854, as amended, L. 1909, p. 357.) 704. Term of office. 2. The persons so appointed shall constitute the board of trustees of said university, and shall hold their offices as follows: Two members of the first board shall hold their offices for one year and until their successors are appointed; two for two years, and two for three years; and at the expiration of the term of office of any of th'e members of the first or any subsequent board, their successors shall be appointed in like manner, and with like nomination, as provided in this act, to hold their offices for the term of three years, and until their successors are appointed. (As amended 1895, p. 201, R. S. 1908, 6855.) 705. Vacancies, how filled. 3. If, from any cause, a vacancy occur in said board, the same shall be filled, by appointment, to fill the unexpired term, the person ap- pointed to fill such vacancy being nominated and ap- pointed, or appointed, in the same manner as his predeces- sor had been at the commencement of such term. (R. S. 1908, 6856.) 706. Officers Treasurers' bond and duties. 4. Said trustees shall, at their first meeting after their appoint- ment, and every two years thereafter, choose a president SCHOOL LAW OF INDIANA. 375 of said board; and they shall, at such meeting, and every two years thereafter, and whenever a vacancy occurs, elect, by ballot, a secretary and treasurer, neither of whom shall be a member of the board whose compensation shall be fixed by the trustees. The said treasurer shall give such bond to 'the state of Indiana in any sum not less than fifty thousand dollars for the faithful execution of his trust, with sufficient sureties as said trustees may require ; and he shall receive, take charge of, and, under the direction of said trustees, manage all [the] stocks and funds belonging to said university. (As amended 1891, p. 34, R. S. 1908, 6857.) [1877, p. 60. Approved March 12, 1877.] 707. County students. 1. The board of commissioners of each county in this state may appoint, in such manner as it may choose, two students, or scholars, to Purdue uni- versity, who shall be entitled to enter, remain, and receive instruction in the same, upon the same conditions, quali- fications and regulations prescribed for other applicants for admission to, or scholars in, said university: Provided, however, That every student admitted to said university by appointment, by virtue of this act, shall in nowise be chargeable for room, light, heat, water, tuition, janitor or matriculation fees; and said student shall be entitled, in the order of admittance, to any room in the university then vacant and designed for the habitation or occupancy of a student; and such student so admitted shall have prior right to any such room, subject to the rules of the uni- versity, over any student not appointed and admitted as aforesaid. (R. S. 1908, 6858.) 708. Students. 2. No more than two students at the same time from any one county shall be entitled to admit- tance to said university, under the provisions of this act. But the board of commissioners of each county may, from time to time, appoint as aforesaid, to any vacancy in its appointments. (R. 8. 1908, 6859.) 376 SCHOOL LAW OF INDIANA. [1881, p. 585. Approved April 14, 1881. [ 709. Investment of fund, 1. The trustees of Purdue university, by their treasurer, are hereby authorized, on or after the first day of April, 1881, to surrender to the treas- urer of state the bond executed to said university by the state of Indiana, bearing date April 1, 1878, and payable, in the sum of two hundred thousand dollars, on April 1, 1881; and a like bond executed by the state to said uni- versity, dated April 1, 1879, and payable, in the sum of one hundred and twenty-five thousand dollars, on April 1, 1884 ; and also to pay, out of the proceeds of the United States five per cent, bonds now held by said university (which said trustees are hereby empowered to sell), the sum of fifteen thousand dollars to said treasurer of state; who, thereupon, is hereby directed to issue and deliver to said treasurer of Purdue university a non-negotiable bond of the state of Indiana, to be signed by the governor and state treasurer, and attested by the secretary of state and the state seal (the same to be dated April 1, 1881, and payable, twenty years after its date, to the trustees of Purdue uni- versity and their successors, with interest at the rate of five per cent, per annum, payable quarterly after date of the bond), all for the use of Purdue university said bonds surrendered, and fifteen thousand dollars paid, constituting the endowment fund of said university derived from the gift of the United States. (B. S. 1908, 6860.) [1889, p. 351. Approved March 9, 1889.] 710. Gift to establish institute of technology. 1. When- ever any individual or individuals shall give, donate or be- queath a sum of money or other valuable property for the purpose of establishing an institute of technology or other special schools in connection with Purdue university in and on the grounds of said university, the trustees of said uni- versity are hereby authorized and empowered to accept such donation, gift or bequest for and on behalf of the state of Indiana for such institute on such terms as may be agreed upon by and between such trustees and said donor or donors or devisior [devisor] ; and the said trustees are SCHOOL LAW OF INDIANA. 377 hereby authorized to establish, maintain and operate ^such an institution in connection with Purdue university: Pro- vided, That such institute of technology shall be freely open to students upon the same terms upon which Purdue uni- versity is open to students. And, provided, That nothing in this act shall enable or authorize said trustees to make any contract with said donor or donors by which any debts shall be created beyond or above current legislative appro- priations to the university. And, provided further, That the terms upon which such donations are received and ac- cepted shall not be effective unless the same are endorsed and approved by the Governor of the state of Indiana, (tt. S. 1908, 6863.) [1903, p. 508. Approved March 10, 1903.] 711. Farmers' reading courses. 1. In order to promote home study and reading in subjects relating to rural life and the principles of agriculture, the trustees and faculty of Purdue university shall encourage and direct farmers' reading courses and publish and distribute circulars and pamphlets of information on the above subjects as may seem profitable in promoting the agricultural interests of the state. (R. S. 1908, 6851.) [1911, p. 80. Approved February 27, 1911.] 712. Agriculture Rural improvement Appropriation. 1. In order to promote the improvement and advancement of agriculture, domestic science and rural life, among the people of the several counties of the State of Indiana, and aid in the diffusion among the people of the several coun- ti-s of the State of Indiana, useful and practical informa- tion on subjects connected with agriculture, domestic science and rural betterment, the following sums of money are hereby appropriated to Purdue university, out of any moneys in the general fund of the state treasury not other- wise appropriated, $10,000.00 for the fiscal year ending Sep- tember 30, 1911, and $30,000.00 annually thereafter, said sums to he paid quarterly to the treasurer of Purdue uni- versity. 378 SCHOOL LAW OF 1M)JAKA. 713. Uses of appropriation. 2. The sum of ten thousand dollars ($10,000.00) available during the current year and the thirty thousand dollars ($30,000.00) annually appropri- ated thereafter in section 1 of this act shall be expended by the school of agriculture and the agricultural experiment station of said university in securing the necessary office force, extension workers, lecturers and equipment, and in defraying any other expenses in the study of rural condi- tions and in promoting and aiding in the organization and holding in various parts of the state, farmers ' short courses, farmers' institutes, farmers ' conferences, contests, lectures and demonstration of work of various types, and any other forms of agricultural extension, instruction arid demonstra- tion agreed upon by the authorities of Purdue university as being necessary to accomplish the purpose of this act. 714. Extension department. 3. The work proposed by this act shall be carried out by the said Purdue university through the extension department of the school of agricul- ture and agricultural experiment station under such rules, regulations and methods as may be prescribed, and along lines to be determined by the following officers : The board of trustees, the president of the university, the dean of the school of agriculture, the director of the agricultural ex- periment station, the superintendent of agricultural exten- sion of Purdue university, and the advisory committee as provided for in section 3 of chapter 167, laws of 1909. 715. Farmers' institute County auditor. 4. For the purpose of defraying the local expenses of meetings held and other work done under the provisions of section 2 and in accordance with the rules and regulations provided for in this act, such as hall rents, printing, advertising, prizes for contests and other local expenses, the county farmers' insti- tute chairman, is hereby authorized to file with the county auditor, an itemized list of expenses of such meeting or meetings, and other work done and the county auditor shall, after such claims have been approved by the county com- missioners, draw a warrant or warrants on the county treas- S< NIMH. I, AW OK INDIANA. 379 urer who sliall pay same: Provided, That in no instance shall the a gg rebate of such items exceed an amount equal to twenty-five cents for each square mile of territory in said county. 716. County council Appropriation. 5. That there may he funds in the county treasury available for the pay- ment of such warrants as are herein provided for, the county council shall appropriate annually an amount equal to twen- ty-five cents for each square mile of territory in said county. 717. Repeal. 6. An act entitled "An act to encourage the study of agriculture, horticulture, economic entomology, and agricultural chemistry, providing for the county insti- tutes, prescribing the duties of the trustees, and faculty of Purdue university in connection therewith and making an appropriation therefor," approved March 9, 1889; an act to amend section 3 of an act to encourage the study of agri- culture, horticulture, economic entomology, and agricul- tural chemistry, providing for county institutes, prescribing I lie duties of trustees and faculty of Purdue university in connection therewith and making appropriations therefor, approved March 9, 1889, approved March 4, 1901; and an act entitled "An act for the encouragement of farmers' in- stitutes and authorizing the county auditor to draw war- rants under certain conditions," approved March 8, 1907; ai e hereby repealed. [1891, p. 483. Approved March 7, 1891.1 718. Acceptance of United States grant. 1. Whereas, an act of congress, approved August 30, 1891, entitled an act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the col- leges for the benefit of agriculture and the mechanic arts established under the provisions of an act of congress, ap- proved July 2, 1862, provides, among other things, that the grants of moneys, authorized by this act, are made subject to the legislative assent of the several states and terri- tories to the purpose of said grants: Provided, That the 380 SCHOOL LAW OF INDIANA. payments of such installments of the appropriation herein made, as shall become due to any state before the adjourn- ment of the regular session of the legislature meeting next after the passage of this act, shall be made upon the assent of the governor thereof, duly certified to the secretary of the treasury; therefore, Be it resolved by the state of Indiana, That the legisla- tive assent be, and the same is hereby, given to the purpose of said grant, and Purdue university is hereby designated as the agricultural college entitled to the said grant. [1905, p. 142. Approved March 3, 1905.] 719. Agricultural experiment station work Appropria- tion. 1. That in order to aid in acquiring and disseminat- ing among the people of the state useful and practical in- formation on subjects relating to agriculture, and to pro- mote investigation concerning the principles of agricultural science the following sums of money are hereby annually appropriated to Purdue university for the exclusive use of the agricultural experiment station of said university: For the fiscal year ending September 30, 1909, $75,000.00, and $75,000.00 annually thereafter, said sums to be payable quar- terly to the treasurer of Purdue university, out of any moneys in the treasury of the State of Indiana belonging to the general fund and not otherwise appropriated, the same to be expended for the purpose of providing the necessary equipment, and paying the expenses of conducting experi- ments and investigations and otherwise acquiring informa- tion and disseminating said information by means of publi- cations, lectures and otherwise as hereinafter provided. (R. S. 1908, 6864, as amended, 1909, p. 403.) 720. Uses of Appropriation. 2. Of the $75,000.00 an- nually appropriated in section one of .this act, $10,000.00 an- nually is to be used for the advancement of the work of the agricultural experiment station of Purdue university in gen- eral; $10,000.00 annually for the advancement of the horti- cultural interests of the state; $15,000.00 annually for the SCHOOL LAW OF INBIANA. improvement of the soils and crops of the state; $10,000.00 annually for the advancement of the dairy interests of the state; $10,000.00 annually for the advancement of the live stock interests of the state; $5,000.00 annually for the in- vestigation of hog cholera and other animal diseases; $5,000.00 annually for the advancement of the poultry in- terests of the state, and $10,000.00 annually for providing the necessary equipment and paying the expenses of the ex- tension work of the agricultural experiment station of Pur- due university. (R. S. 1908, 6865, as amended, 1909, p. 403.) 721. Work How carried out. 3. The work outlined in iliis act relating to horticulture, soil and crop improvement, dairy interests, live stock, animal diseases and poultry, shall be carried out by the said agricultural experiment station of Purdue university along lines to be agreed upon by the director of the said experiment station of said university, and an advisory committee of five persons, one person to be appointed by each of the following named agriculture or- ganizations of the State of Indiana the State corn growers 7 association, the State dairymen's association, the State live stock association, the State horticultural society, and the State poultry fanciers' association. (E. S. 1908, 6866, as amended, 1 <)<)!), p. 403.) LAW OF INDIAN A. CHAPTER XXIV. FREE LIBRARIES. SEC. 722. City and town tax for library Subscrip- tion. 723. Subscriptions filed with clerk of circuit court. 724. Public library board Appointment Qual- ifications. 725. Certificates of appointment Oath. 726. Organization. 727. Library board Powers. 728. Subscriptions collected Buildings Tax. 729. Tax, how used. 730. Use of library Certificates of member- ship Township may use. 731. Donation of library. 732. Removal of member of board. 733. Treasurer's report. 734. Repealing section. 735. Library Extension of privileges to town- shipTax. 736. Accounting Report. 737. Public library commission. 738. Office Duties Employes. 739. Purchase of books Appropriation. 740. Library association. 741. Advice. 742. Township library. 743. Township library board Township unit- ing. 744. Official documents. SEC. 745. Member of commission not to be publisher 746. In cities and towns. 747. Libraries in certain cities. 748. Tax to maintain. 749. Libraries in cities of 3,500 to 4,000 750. Acceptance of library. 751 . Payment of taxes Control . 752. Privileges of library. 753. Removal of directors. 754. Library fund. 755. Tax levy for libraries. 756. Office of librarian abolished. 757. Library discontinued. 758. Legalizing section. 759. Real estate. 760. Real estate for libraries. 761. Parks used for library. 762. Prior acts legalized. 763. School and library tax in cities of 30,000. 764. County treasurer reports to board of school commissioners. 765. County treasurer's redits. 766. School and library tax in cities of 15,000 to 30,000. 767. Payment of bonds. 768. Towns Transfer of property to library board. 769. Purchases legalized. [1901, p. 81. Approved March 4, 1901.] 722. City and town tax for library Subscription. 1 The common council of any city, or the town board of any incorporated town within this state desiring to establish, increase and maintain a public library in such city or town, open to and for the use and benefit of all the inhabitants thereof may levy a tax annually of not to exceed one mill on each dollar of all the taxable property assessed for taxa- tion in such city or town, as shown by the tax duplicate for the year immediately preceding the fixing of such levy, which tax shall be placed on the tax duplicate of such city or town and collected in the same manner as other taxes are levied and collected, and such levy shall be certified to SCHOOL LAW OF INDIANA. 383 the clerk of the circuit court. If the common council of such city, or the town board of such incorporated town do not make such levy they shall do so at the next ensuing levy, and annually thereafter, after taxpayers of such city or town raise by popular subscription, for each of the two years immediately following the date of the completion of such subscription, a sum of money equal to the amount that would be derived from a tax levy of two-tenths of a mill on each dollar of the taxable property assessed for taxation in such city or town as shown by the tax dupli- cate immediately preceding the completion of such sub- scription : Provided, That not more than two per cent, of the entire amount necessary to be subscribed shall be sub- scribed by any one person, firm or corporation of such city or incorporated town. The amount of money so sub- scribed, as herein provided, for public library purposes, shall be made to fall due and be payable in eight equal quarterly installments, the. first installment shall become due and be payable on the first Monday of the second month following the date of completion and filing of such subscription, as hereinafter provided, and one installment shall become due and be payable on the first Monday of each third month thereafter, till all of such subscription is paid. The subscriptions shall be collected by the public library board, hereby created, as hereinafter provided. (As amended, 1903, p. 301, E. S. 1908, 4916.) 723. Subscriptions filed with clerk of circuit court. 2. The subscription list for said money shall be filed with the clerk of the circuit court of the county in which such city or incorporated town is located. The said clerk of the court immediately thereafter shall notify the judge of the circuit court of said county that such subscription has been filed, and he shall likewise notify the common council or towi* board and the board of school trustees of such city or town proposing to establish a public library, that said subscrip- tion has been filed. The original subscription list shall be preserved by the clerk of the circuit court and by him placed in the hands of the public library board, when the 384 SCHOOL LAW OF INDIANA. board shall have been appointed as hereinafter provided. (E. S. 1908, 4917.) 724. Public library board Appointment Qualifica- tions. 3. Within ten days after said judge of the circuit court shall have been notified, as above provided, that such subscription list has been filed with the clerk of the circuit court, if one has been filed to secure the levying of such tax, or that the common council has certified to such clerk that the levy as provided herein has been made, it shall be the duty of said judge to examine such subscription list and if it be found that an amount of solvent subscription has been made equal to the amount required by section 1 of this act, then he shall order a copy of such subscription list spread upon the records of said court, and he shall appoint three persons, residents of such city or town, as members of such public library board, one of whom lie shall appoint for one year, one for two years and one for three years, from the date of their appointment, and after the first appointment all ap- pointments made by the judge of the court shall be for a period of two years; and a 1 ! appointments so made by the judge of the court shall be entered in the order books of said court. Within ten days after the common council or the town board and the board of school trustees shall have been notified, as in section 2 of this act, each body shall appoint two persons also residents of such city or town, not other- wise appointed as members of such board, who shall become members of such public library board. The members so ap- pointed by the common council or town board for the first appointment under this act shall serve for a period of one year, and after the first appointment all appointments made by the common council or town board shall be for a period of two years. The board of school trustees shall appoint its members for a term of two years, who may be from their own board. If the township advisory board of any town- ship shall levy and collect for library purposes five-tenths of a mill on each dollar of all the taxable property assessed for taxation in said township, as shown by the tax duplicate for the year immediately preceding the fixing of such levy, SCHOOL LAW OF INDIANA. 385 exclusive of the property of such city or town already taxed for said library, and pay the same over to the treasurer of such city or town where such library is located, then in such case the township trustee shall, ex-officio, be a member of such public library board, and such township trustee shall appoint one person, a resident of said township, not other- wise appointed, as a member of said public library board, who shall become a member of such public library board, and such appointment by such township trustee shall be for a period of two years, and all members of such public li- brary board appointed as herein provided, shall serve until their successors are appointed and qualified: Provided, That women may be eligible to appointment as members of such library hoard, and not less than three of the members appointed shall be women. The judge, common council or town board, the board of school trustees, the township trus- tee, in making the appointments, shall select persons of well known probity, integrity, business ability and experience, and who are fitted for the character of the work they are to perform, and who shall have resided for a period of not less than one year, immediately preceding their appointment, in the city or town for which they are appointed, in the case of members appointed by the judge, common council or town board and school trustees, and in the township in the case of the member appointed by the township trustee as hereinbefore provided, and who shall not be less than twen- ty-five years of age at the time of appointment, and who shall serve without compensation for service. In case of vacancy on such board from any cause, it shall be the duty of said judge, common council or town board, board of school trustees and township trustees to fill such vacancy occurring in the membership appointed by each respect- ively. (K. 8. 1908, 4918, as amended, 1911, p. 607.) 725. Certificates of appointment Oath, 4-. All appoint- ments to membership on the public library board shall be evidenced by certificates of appointment, duly signed by [25272771 386 SCHOOL LAW OF INDIANA. the judge as to members appointed by him, by the mayor or president of the town board, by the president of the board of school trustees, and township trustees, as to mem- bers respectively appointed by them, which certificates of appointment shall be handed to or mailed to the address of the appointee. Within ten days after receiving such certificate of appointment such appointee shall qualify by taking the oath of office before the clerk of the court, that such appointee will faithfully discharge the duties as a member of the public library board to the best of his abil- ity, and shall file such certificate, with the oath endorsed thereon, with the clerk of the circuit court of the county in which such library is to be established. (As amended 1903, p. 301, R. S. 1908, 4919.) 726. Organization. 5. Within five days after all the members of such board shall have been appointed and qualified, they shall meet and organize by electing one of their number president, one vice-president and one secre- tary, and shall select such committees or executive board as they may deem necessary to carry on the work of the board. (R, S. 1908, 4920.) 727. Library board Powers. G. The seven members thus appointed shall constitute and be known as the public library board and shall have the control of the public library funds, and the custody and control of all the books and other property of every name and description, and shall have the power to direct all the affairs of such public library; and such public library board, in the name of the library, shall be empowered to receive donations, bequests and legacies, and to receive and convey real estate for and on behalf of such library, and shall be entitled to receive from the public library commission copies of all documents and publications of the state available for distribution. They shall have the power to make and enforce rules for the management of such libraries as they may deem neces- sary, and to employ librarians and assistants. (R, S. 1908, 4921.) SCHOOL I.A\V OF INDIANA. 387 728. Subscriptions collected Buildings Tax. 7. When such public library board shall have organized for the transaction of business, there shall be placed in its hands by the said clerk of the circuit court the original subscrip- tion list, if any has been made, for the procuring of the levy of the tax, as herein provided, and it shall be the duty of such library board to collect quarterly all money sub- scribed, as the same becomes due, as provided for in section 1 of this act, and pay the same over to the treasurer of such city or town, and to expend the same in the establishment, equipment, enlargement and management of a public library, in the manner as provided for in section 8, which shall be open to and for the use and benefit of all the in- habitants of the city or town in which the same is located, and such library board may use such sum for the purchase of a building site and the erection of a library building as the board may decide. It shall be the duty of such library board to determine the rate of taxation that shall be necessary to establish, increase, equip and maintain the public library and certify the same to the common council or town board and to the county auditor: Provided, That said levy shall not exceed one mill on each dollar of all the taxable property assessed for taxation in such city or town, as shown by the tax duplicate for the year immedi- ately preceding the fixing of such levy. When the assess- ment for such public library purposes shall be certified to the common council or town board and the auditor, by the public library board, the same shall be placed upon the tax duplicate of such county and city or town and collected in like manner as other taxes are levied and collected. (As amended 1903, p. 301, R. S. 1908, 4922.) 729. Tax, how used. 8. The tax so levied as provided for in sections 1 and 7 of this act shall be held and kept as a separate fund by the treasurer of such city or incor- porated town for public library purposes, as herein pro- vided, and he shall pay out the same for library purposes only upon the warrant of the president of the library board, countersigned by the secretary thereof. The treasurer of 388 SCHOOL LAW OF INDIANA. such city or town shall be liable on his official bond for the faithful performance of the duties imposed upon him by this act. (R. S. 1908, 4923.) 730. Use of library Certificates of membership Town- ship may use. 9. When a public library shall have been established in any city or incorporated town in this 'state under the provisions of this act, such library shall be open and free for the use and benefit of all the inhabitants of the township in which such library shall be located, pro- vided the township advisory board of the township in which such library is located, shall levy and collect a tax of two- tenths of a mill on each dollar of all the taxable property assessed for taxation in said township, as shown by the tax duplicate for the year immediately preceding the fixing of such levy, exclusive of the property of such city or town already taxed for said library, and collect and pay the same over to the treasurer of such city or town where such library is located, to be held by such treasurer as a part of the public libraiy fund. Said library shall remain open and free for the use and benefit of all the inhabitants of such township so long as said tax as herein provided and specified shall be levied, collected and paid over to the treasurer of such city or town for the use of said library board for the purpose herein named. When the public library of any city or town is not so open and free for the use and benefit of the inhabitants of any . township, by reason of such township failing to levy and collect the tax herein required, the public library board may issue and sell certificates or library cards to any person or family resident in such township at such annual fee as may be deemed by them to be a fair compensation for such privi- lege, and such library cards shall give to the purchaser thereof the same rights and privileges as the inhabitants of the city or incorporated town. (R. S'. 1908, 4924.) 731. Donation of library. 10. If any city or incorpo- rated town in this state where a library of the value of an amount equal to the amount of money that would be de- SCHOOL LAW OF I.MHAXA. 389 rived from a tax levy of three-tenths of a mill on each dol- lar of valuation of the taxable property within such city or town assessed for taxation, as is shown by the preced- ing tax duplicate of said city or town, is already established and maintained under the existing law of this state, and whenever the managing board of such library already so existing and maintained shall tender the ownership, cus- tody and control of said library free of expense to such pub- lic library board for the uses and purpose of a public library as contemplated by this act, which tender of custody and control thereof shall be evidenced by a certificate issued by the managing board thereof and filed in triplicate with the clerk of the circuit court of the county wherein said city or town is located, with the clerk of said city or town and the secretary of the board of school trustees in the manner and form as prescribed in the certificates of popular sub- scription contained in section 2 of this act, which certificate shall show the value of such library. A public library board shall be appointed as in the manner as set forth in this act, except such board shall be appointed only when the common council or town board have decided by a ma- jority vote of the members thereof to accept such library and to levy annually and collect a tax as other taxes are levied and collected, and not to exceed one mill on each dollar of valuation of taxable property of such city or town, as herein specified. Said council or town board shall certify its said decision of acceptance, attested by the clerk of said city or town, and the mayor of such city or presi- dent of such town board to the judge of the circuit court and the secretary of said board of school trustees, where- upon said judge, city council or town board and board of school trustees shall proceed to appoint said public library board in the manner and form and to all intents and pur- poses as is done by the voluntary levy of such tax by the council or town board, or the popular subscription filed with the clerk of the court as hereinbefore provided. (As amended 1903, p. 301, R. S. 1908, 4925.) 390 SCHOOL LAW OF INDIANA, 732. Removal of member of board. 11. The judge of the circuit court, the common council or town board and the board of school trustees may at any time, for cause shown, remove any member of such library board that may have been appointed by each, respectively, and fill the vacancy occasioned thereby as provided for in section 3 of this act. (R..S. 1908, 4926.) 733. Treasurer's report. 12. The treasurer of such city or incorporated town, operating libraries under this act, shall make and file with the common council or the town board thereof, not later than the 15th day of January of each year, an itemized statement, under oath, of all the receipts and disbursements of such public library board for the year ending December 31, immediately preceding the making and filing of such report, and such report shall contain an itemized statement of the sources of all receipts, all disbursements made and the purpose for which the same were made, and such annual report shall be open to inspec- tion of the citizens of such city or town, and also the town- ship in which such city or town is located, providing the township has complied with the provisions of section 9 herein. (E. S. 1908, 4927.) 734. Repealing section. 13. All laws and parts of laws in conflict with the provisions of this act are hereby re- pealed : Provided, That this act shall not interfere with the maintenance or management of any existing library already established and operating under the laws of this state. (R. S. 1908, 4928.) [1911. p. 330. Approved March;*, 1911.] 735. Library Extension of privileges to townships- Tax. 1. Whenever the library board of any public library established in any city or incorporated town in this state shall file notice with the township advisory board of any township or townships, in which such city or town is lo- cated, or of any neighboring township in the same county, of consent of such library board to make such library open SCHOOL LAW OF INDIANA. 391 and free to all the people of said township or townships, on the condition of the said township or townships contribut- ing to the support of such public library, such advisory board shall, upon petition of fifty taxpayers residing in any said township owning real estate in said township not al- ready taxed for such library, make an annual appropriation and levy a. tax of not less than five-tenths of a mill, and not more than one mill, on each dollar of taxable property in said township, exclusive of the property of such city or town already taxed for such library, and collect and pay the same over to the treasurer of such city or town where such library is located, to be held by such treasurer as part of the library fund to be paid out only on warrants signed by the president and secretary of such library board: Provided, That the advisory board may levy such tax and make such appropriation without such petition: Provided further, That in any township in this state where the public library in any city or incorporated town is now open and free to the people of such township under any existing law of this state, and it appear by certificate of the library board of such public library, filed \vitli such township advisory board, that at least one-tenth of the families of the taxpayers of such township, outside the limits of such city or town, are users of such library, such township advisory board shall make such appropriation and levy without such petition: Provided further, That where any township coming under the provisions of this act owns a township library and levies a library tax therefor, it shall be discretionary with the ad- visory board of such township whether such tax for such city or town library shall be levied. Said library shall re- main open and free to the people of any such township or townships so long as the families of one-tenth of the tax- payers in said township or townships outside the limits of said city or town are found to be users of said library, or when less than one-tenth of the families of the taxpayers shall uso the said library, the advisory board may, at its dis- cretion, continue the tax herein specified. In case the said tax is not ievied, or is discontinued, the library board may 392 SCHOOL LAW OF INDIANA. issue or sell a certificate or library card to any person resi- dent m such township or townships at such annual fee as may be deemed by it to be fair compensation for such privi- leges, and such library card shall give the purchaser thereof the same right and privileges as the inhabitants of the city or incorporated town: Provided, That where any township coming under the provisions of this act owns a township li- brary and levies a library tax therefor,' it shall be discre- tionary with the advisory board of such township whether such tax for such city or town library shall be levied. 736. Accounting Report. 2. The library board of any public library receiving funds from such township tax levy, shall make and file with the advisory board or boards of such township or townships, not later than the 15th day of January each year, an itemized statement of all the receipts and disbursements of such public library board for the year ending December 31 immediately preceding the making and filing I" of] such report. [1899, p. 134. Approved and in force February 24, 737. Public library commission. 1. There is hereby created a public library commission, which shall be com- posed of three members, appointed by the governor, who shall serve without compensation except as herein provid- ed, each for the term of four years, except that one of the members first so appointed by the governor shall be ap- pointed for a term of two years only, and one for one year. (R. S. 1908, 6654.) 738. Office Duties Employes. 2. Said public library commission shall be assigned a permanent office room in the state house, with storage and shipping rooms in the base- ment of the same sufficient for the performance of its duties. It shall have the custody, control and management of the traveling libraries hereinafter provided for, shall purchase the books and collections of books therefor, and the equip- ment for the same; shall adopt rules and regulations for loaning such books and collections of books to library associ- SCHOOL LAW OF INDIANA. 393 ations, and to the persons entitled to borrow the same, and shall provide for and require such security and guaranty for the safe return of such books or collections of books as may be deemed advisable; shall prepare lists of books suitable for public libraries and obtain prices for the same, and furnish such lists when required ; shall furnish information or advice as to the organization, maintenance or adminis- tration of any library in the state. It shall also provide courses of library instruction, print lists and circulars of information and perform such other services in behalf of public libraries as it may consider for the best interests of the state. The said commission shall employ a secretary and such other assistants as shall be requisite for the per- formance of the services above specified, who shall serve under the direction of the commission. The commission shall each year obtain reports of alt libraries in the state, and on October 31, 1906, the commission shall make a full report to the governor as to the library conditions and pro- gress in Indiana. This report, when printed, shall be pre- sented to the general assembly of the state of Indiana, and biennially thereafter a like report shall be made. These reports shall be printed and bound. by the state printing board, the same as other public documents, and shall be distributed by the public library commission. (As amended 1905, p. 151, R. S. 1908, 6655.) 739. Purchase of books Appropriation. 3. There is hereby annually appropriated from any funds in the treasury not otherwise specifically appropriated the sum of seven thousand dollars ($7,000.00) to carry into effect the provisions of this act. All bills incurred by the commis- sion or by its members and assistants under the law, when approved and certified by the president and secretary of the commission, shall be presented to the state auditor, who shall issue warrants therefor upon the state treasury, which shall be in lieu of all sums now provided by law for the carrying into effect the provisions of this act. (As amended 1903, p. 179, R. S. 1908, 6656.) 394 SCHOOL LAW OF INDIANA. 740. Library association. 4. Any five or more citizens may organize a library association, which on furnishing security satisfactory to said commission, shall be entitled to the use of the traveling libraries under the rules and regulations of said commission, and without charge further than all expenses of transportation of said libraries. Any local library, literary or other club, agricultural or other society, grange, college, seminary, university extension cen- ter, study circle or other associations shall have the use of said traveling libraries on furnishing satisfactory secur- ity and complying with the rules and regulations as afore- said. (E. S. 1908, 6657.) Section 5 of this act has been repealed. L1899. p. 134. Approved and in force February 24, 1899.1 741. Advice. 6. The librarian or trustee of any frea public library may apply to said public library commis- sion for advice as to all matters pertaining to the organiza- tion, maintenance or administration of their library; and said commission shall give such advice and personal atten- tion as may be necessary. (R. S. 1908, 6659.) 742. Township library. 7. The advisory board of any township desiring to establish and maintain a public library open to and for the free use of all the inhabitants thereof, may levy a tax annually of not more than one mill on each dollar of taxable property assessed for taxation in such township. If the advisory board do not make such levy, then, on the written petition of fifty legal voters of any township filed with the county clerk not less than fifteen days prior to a township election, the county board of elec- tion commissioners shall cause to be printed on the town- ship ballots for such township the words: "For a township library tax. " " Yes. " " No. " If in the election a majority of the votes cast on said question shall be in the affirmative, the township trustee shall thereafter levy annually a tax of not less than five-tenths of a mill nor more than one mill on each dollar of the property taxable in said township for the establishment and support of a township library free to all Sl/UOOL LAW OK INDIANA. 395 inhabitants of such township, which tax shall be levied, as- sessed, collected and paid as other township taxes are levied, assessed, collected and paid: Provided, That after such li- brary has been established such tax levy shall be discon- tinued when, under the above provision, the question of dis- continuing* such levy shall have been submitted to a vote and the majority of the votes cast on said question shall be in the negative: Provided further,- That if there be located in said township a public library open to the use of all the inhabitants thereof, then the proceeds of said tax shall be paid to said public library. Be it further enacted, that in any township outside of cities in which there has been or may hereafter be established by private donations a library of the value of ten thousand dollars or more, including the real estate and buildings used for such library for tjie use and benefit of all the inhabitants thereof, the township trus- tee of such township shall annually levy and collect not more than six cents on the hundred dollars, upon the tax- able property within the limits of such township, which shall be paid to the trustees of such library, and be applied by them to the purchase of books for said library and to the cost of the maintenance thereof, and said trustee may, with the consent of the board of commissioners of the county, when it shall become necessary to purchase additional ground for the extension or protection of library buildings already established by such private donation, annually levy and collect not more than five cents on the hundred dollars upon all taxable property of said township for not more than three years successively, which shall be expended by said trustees in the purchase of said property and the erec- tion and enlargement of library building thereon. (R. S. 1908, 6660, as amended 1911, p. 73.) 743. Township library board Townships uniting. 8. In any township where a free public library is established as above provided, there shall be established a township library hoard composed of the school township trustee and two residents of the township, to be appointed by the judge of thf circuit court (one of whom shall be a woman). Of 396 SCHOOL LAW OF INDIANA. the first two members of such board so appointed one shall be appointed for a term of two years and one for four years, and thereafter the term of office shall be four years. Such library board shall have control of the purchase of books and the management of such library, and shall serve with- out compensation. Said library shall be the property of the school township, and the school township trustee shall be responsible for the safe preservation of the same. Said board shall be entitled to the possession and custody of any books remaining in the old township library in such town- ship; and such board shall be empowered to receive dona- tions, bequests and legacies for and on behalf of such li- brary, and shall be entitled to receive from the public li- brary commission and state librarian copies of all docu- ments of this state available for distribution. Two or more adjacent townships may unite to establish and maintain a public library at the discretion of the advisory boards, and when two or more townships have so united, the combined library boards appointed as herein specified or the board of the public library to which such money is paid as herein provided, shall control the library so established. (E. S. 1908, 6661, as amended 1911, p. 73.) 744. Official documents. 9. The state librarian and the public library commission shall supply any library of this state with copies of official documents and publications of the state in his custody available for distribution within the state. (E. S. 1908, 6662. N 745. Member of commission not to be publisher. 10. No member of the public library commission shall be in any way connected with the business of publishing or selling books. (E, S. 1908, 6668.) [1883, p. 103. Approved March 5. 1883, and in force June|5, 1883.] 746. In cities and towns. 1. In all the cities and incor- porated towns in this state the board of school trustees, board of school commissioners, or whatever board may be established by law to take charge of the public or common SCHOOL LAW OF IMHANA. 397 schools of such city or incorporated town, shall have power, if, in their discretion, they deem it to the public interest, to establish a free public library in connection with the common schools of such city or incorporated town, and to make such rules and regulations for the care, protection and government of such library, and for the care of the books provided therefor, and for the taking from and re- turning to said library of such books, as the said board may deem necessary and proper, and to provide penalties for the violation thereof: Provided, That in any city or incor- porated town where there is already established a library open to all the people, no tax shall be levied for the pur- pose herein named. (B. 8. 1908, 6(>t2.) [1885, p. 120. Approved and in force April 2, 1885.] 747-J-. Libraries in certain cities. 1. Wherever the board of directors of a library heretofore situate within the lim- its of any incorporated town may have filed the agreement and request with the board of trustees of said town, pro- vided for in an act entitled "an act supplementary to an act entitled an act to establish public libraries," approved February 16, 1852,- approved March 8, 1883, and the board of trustees of such town may have levied a tax for the sup- port of such library in pursuance of such request and agreement and in accordance with said act, and such town may afterward have become incorporated as a city, the common council of such city shall have all the powers to levy tax, and do all other things granted by said act above named to trustees of towns, and all the provisions of said act applicable to such library, and its relations to the town before its incorporation as a city shall, after such incor- poration, be applicable to such library, and its relations to such cit. (1899, p. 561. Approved March 6, 1899, and in force April 28, 748. Tax to maintain. 2. Such board shall also have power to levy a tax of not exceeding one mill on each dol- lar of taxable property assessed for taxation in such city in each year ; which tax shall be placed on the tax duplicate 398 SCHOOL LAW OF INDIANA. of such city, and collected in the same manner as other taxes; and when said taxes are so collected, they shall be paid over to the said board for the support and mainte- nance of said public library. Such board shall have power and it shall be its duty to disburse said fund, and all rev- enues derived from gift or devise, in providing and fitting up suitable rooms for such library; in the purchase, care and binding of books therefor, and in the payment of sala- ries to a librarian and necessary assistants. (R. S. 1908, 6643.) [1901, p. 14. Approved and in force February 13, 1901.1 749. Libraries in cities of 3,500 to 4,000. 1. Cities having a population of thirty-five hundred by the census of 1900, and not more than four thousand, be, and they are hereby authorized to accept a tender of the custody and control of libraries established by library associations, in- corporated or otherwise, provided such libraries contain at least three thousand volumes, and to levy a tax of not more than five cents on the one hundred dollars of valuation of taxable property within such cities for the maintenance thereof. (K. S. 1908, 4884.) 1. NOTE. This statute applies only to Auburn, Garrett, Gas City, Greencastle, Plymouth, Tipton, Warsaw, Whiting and Winchester. It does not apply to towns having over 3,500 and less than 4,000 inhabitants accord- ing to the census of 1900. 750. Acceptance of library. 2. Such acceptances shall be indicated by a resolution of the common council of such city, whereupon the mayor of said city shall appoint three reputable citizens of said city, not more than two of whom shall belong to the same political party, as a board of library directors, one member of said board to serve until the first day of June next succeeding, one member of said board to serve until one year thereafter, the said first day of June next succeeding, and one member of said board to serve until two years thereafter, said first day of June next succeeding, and a member of said board shall be appointed by the mayor of said city each year, whose term of office SCHOOL LAW OF INDIANA. 399 shall commence on the first day of June of that year. Sucfi board shall organize on the first day of June of each year by electing one of its number as president, one of its num- ber as secretary, and one of its number as treasurer, which treasurer shall give a bond with freehold sureties subject to the approval of the common council, to faithfully ac- count for all funds which may come into his hands as such treasurer. They shall be sworn by the mayor to an honest and faithful discharge of their duties. The bond of the treasurer shall be made payable to the city. R. S. 1908, 4885.) 751. Payment of taxes Control. 3. The treasurer of the board of library directors shall receive from the city treasurer all taxes collected for library purposes and pay out the same on the order of the board. The board of direc- tors shall have the custody and control of such library, sub- ject to any rules adopted by, or orders of the common coun- cil, employ a librarian, if the members of said board deem it necessary, fix and pay the compensation of such libra- rian, pay all necessary expenses of maintaining such li- brary, and buy new books to add to such library as the library fund may justify, but in no case shall such board be authorized to incur any liabilities in excess of the avail- able funds on hand (E. S. 1908, ^4886.) 752. Privileges of library. 4. Any resident of said city shall be entitled to the use of the books in such library free of charge upon compliance with such rules and regulations as may be prescribed by the board of directors, and the board of directors may prescribe such rules and regula- tions as they may see fit for the government and control of such libraries, if the said rules and regulations are not in conflict with any order of the common council of such city with reference to such library, and the government and control thereof. Such board of directors shall make a detailed report to the common council at the end of each annual term, acompanied by the report of the treasurer and showing all receipts and expenditures by him, and 400 SCHOOL LAW OF INDIANA. attested by the president and secretary. Such directors shall serve without compensation for services. (H. S. 1908, 4887.) 753. Removal of directors. 5. The common council or the mayor, upon cause shown, may at any time remove any member of the board of library directors, and upon such removal or the creation of a vacancy otherwise, the mayor shall fill the vacancy by appointment. (R. S. 1908, 4888.) 754. Library fund. 6. The tax authorized by section 1 of this act shall be levied and collected as other taxes are levied and collected, but shall constitute a special fund to be known as the library fund. (R, S. 1908, 4889.) [1885, p. 9. Approved and in force February 18, 1885.] 755. Tax levy for library. 1. Any township in which there has been, or may hereafter be, established by private donations, a library of the value of one thousand dollars, or more, for the use and benefit of all the inhabitants there- of, the township trustee of such township shall annually levy and collect not more than one cent on the hundred dol- lars upon the taxable property within the limits of such township, which shall be paid to the trustees of such library, and be applied by them to the purchase of books for said library, and may, with the consent of the board of commis- sioners of the county, when it shall become necessary to erect or enlarge a library building, annually, for such period as may be necessary, levy and collect not more than five cents on the one hundred dollars upon the taxable prop- erty of said township, for not more than three years suc- cessively, which shall be expended by the trustees in the erection or enlargement of a library building This section is probably repealed by the following: [1899, p. 228. Approved and in force March 2, 1899. ! 756. Office of librarian abolished. 1. In any township in this state in which there has been or may hereafter be established by private donations a library of the value of thousand dollars or more, for the use and benefit of all SCHOOL LAW OF INDIANA. 401 the inhabitants thereof, the board of commissioners of the county in which such township is situated may, upon due proof thereof, by proper order entered upon its records, abolish the office of township librarian and require and or- der that the township library in the hands of the township trustee or the librarian thereof (including all the books, papers, records, furniture and paraphernalia pertaining thereto), be turned over and transferred to the tustees or other managing officers of such library established, as aforesaid. (R, S. 1908, 4913.) 757. Library discontinued. 2. That in the event said library association so established or to be established, shall from any cause cease to exist or to perform its duties to the inhabitants of such township, then all its property of every kind shall be turned over to and become the property of such township. (R. S. 1908, 4914.) 758. Legalizing section. 3. All library associations of this state which purport to have been organized and estab- lished pursuant to the provisions of the laws of this state, for the use and benefit of all the inhabitants of any town- ship in this state, and to which private donations to the amount of one thousand dollars or more have been sub- scribed, are hereby legalized, made valid and declared to be legal library corporations within the purview of this act, and all records, proceedings, subscriptions to and acts of the library associations are hereby ratified, legalized and made valid. (R. S. 1908, 4915.) (1881, p. 47. Approved and in force March 7, 1881.] 759. Real estate. 3. Any such city in which a free public library may be established in accordance with the terms of this act may acquire by purchase, or take and hold by gift, grant, or devise, any real estate necessary for, or which may be donated or devised for, the benefit of such library; and all revenues arising therefrom, and the proceeds of the same, if sold, shall be devoted to the use of said library. (R, S. 1908, 6645.) [2627277] 402 SCHOOL LAW OF INDIANA. [1885, p. 160. Approved and in force April 8, 1885.] 760. Real estate for libraries. 1. In any ease in which the board of school trustees of any city of this state have purchased any real estate for the use of a public library of said city, under sections 4524, 4525 and 4526 [ 402, 403 and 404] of the revised statutes of 1881, and the rev- enue derived from taxation under said sections may have been or shall be insufficient to pay for such real estate, then said trustees be and they are hereby authorized to pay for the same out of any money in the treasury of such school city belonging to the special school fund thereof. (E. S. 1908, 6646.) [1903, p. 346.? Approved and in force March 9, 1903.] 761. Parks used for library. 1. It shall be lawful for the common councils or boards of trustees of all incorpo- rated cities and tons in this state to authorize and permit the use of any public park in such cities or towns for the location and erection of city, county, town or township library buildings, and the use of such public park for such purpose shall not be considered as a vacation of such park nor as an abandonment thereof for the purposes for which the same was laid out or dedicated. 762. Prior acts legalized. 2. Prior actions of any of the common councils or boards of trustees of any of the incor- porated cities or towns in this state in authorizing or per- mitting, by ordinance, the use of any of the public squares, spaces or parks in such cities or towns for the locations and erection of said county, town or township library build- ings, be and the same are hereby ratified, confirmed, legal- ized and in all things made valid, and such action shall not be considered as a vacation of such square, space or park, nor as abandonment thereof for the purpose for which the same was laid out or dedicated. [1891, p. 37. Approved and in force February 26, 1891.] 763. School and library tax in cities of 30,000. 1. In all cities of the state of Indiana where boards of school commissioners have been elected and are managing the SCHOOL I. AW OK IXIMAXA. 403 school affairs of said city under an act of the general as- sembly of the state of Indiana, entitled "An act provid- ing for a general system of common schools in all cities of thirty thousand, or more, inhabitants, and for the elec- tion of a board of school commissioners for such cities, and defining their duties and prescribing their powers, and pro- viding for common school libraries within such cities, ap- proved March 3, 1871, and the various acts of the general assembly amendatory thereof, and supplemental thereto, and in which the office of city treasurer has been, or here- after may be, abolished under and by virtue of an act of the general assembly of the state of Indiana, entitled, 'An act concerning taxation for city and school purposes in cities containing a population of over seventy thousand, as shown by the last census of the United States; to abolish the offices of city assessor and city treasurer in such cities, and provide for the discharge of the duties of such offices, and repealing laws in conflict therewith, approved Febru- ary 21, 1885, ' " such boards of school commissioners be and they are hereby authorized and empowered, in the manner and form in which they are now by law authorized to levy taxes, levy taxes for the support of the schools within such city, including such taxes as may be required for paying teachers, in addition to the taxes now authorized to be levied by the general assembly of the state of Indiana, not to ex- ceed, however, in any one year, the sum of twenty-five cents on the one hundred dollars, of the taxable property as shown by the certificate showing the assessment and valua- tion for taxation of all taxable real and personal and rail- road property of such city, required to be delivered to said board of school commissioners by section 8 of the said act of the general assembly of the state of Indiana, approved February 21, 1885, and also to levy a tax each year not ex- ceeding four cents on each one hundred dollars of the tax- able property in said city, as shown by said certificate, for the support of free public libraries, in connection with the common schools of said city, and to disburse any and all revenues raised by such tax levied for library purposes, in the purchase of books and in the fitting up of suitable rooms 404 SCHOOL LAW OF IXDIAXA. for such libraries, salaries to librarians and other expenses necessarily incident to the maintenance of such library ; also, to make and enforce such regulations as they may deem necessary for the taking out, and returning to, and for the proper care of all books belonging to such libraries, and to prescribe penalties for the violation of such regula- tions. 764. County treasurer reports to board of school com- missioners. 2. In all cities in the state of Indiana, where boards of school commissioners have been elected and are managing the school affairs of said city, under and by vir- tue of said act of the general assembly of the state of Indi- ana, approved March 3, 1871, and in which the office of city treasurer has been, or may hereafter be, abolished, un- der and by virtue of said act of the general assembly of the state of Indiana, approved February 21, 1885, as men- tioned and described in the first section of this act, it shall be the duty of the county treasurer, on and after making his settlement with the county auditor on the third Monday of April, 1891, and the payment to the board of school com- missioners of the amount by such settlement found to be due to it, as required by section 13 [E. S. 1894, 3758; E. S. 1897, 1283; Acts 1885, p. 13] of the last above named act, at the close of each calendar month, to make report, duly verified by his oath, to said board of school commis- sioners of all taxes and delinquent taxes collected within said month, and thereafter, upon demand of the treasurer of said board of school commissioners, to pay to him, for the use of said board of school commissioners, the full amount of said taxes and delinquent taxes shown by said report to have been collected. Upon such payment being made, the treasurer of the board of school commissioners shall exe- cute to said county treasurer his receipt for the amount of money so paid, which receipt th~e latter shall deliver to the secretary of the board of school commissioners, who shall give him a quietus therefor, and credit said county treasurer with the amount thereof, and charge such amount to the treasurer of said board of school commissioners. SCHOOL LAW OK IXDIAXA. 405 765. County treasurer's credits. 3. Said' county treas- urer shall, thereafter in his settlement with the county audi- tor, made as required by law, on the third Monday of April, and the first Monday of November, in each year, present such quietuses to the county auditor, who shall give such county treasurer credit therefor as against the sums with which he is chargeable upon account of the collection of such school taxes. 1. REPEALING SECTION. The fourth section expressly repeals the act of 18SO, p. 432, on the same subject. [1901, p. 10. Approved and in force February 13, 1901. 766. School and library tax in cities of 15,000 to 30,000. 1. In all cities in the state of Indiana where boards of school commissioners have been elected and are manag- ing the school affairs of said city under an act of the general assembly of the state of Indiana, entitled "An act providing for a general system of common schools in all cities of thirty thousand or more inhabitants, and for the election of a board of school commissioners for such cities, and defining their duties and prescribing their powers and providing for common school libraries within such cities, " approved March 3, 1871, and the various acts of the gen- eral assembly amendatory thereof and supplemental there- to, and in all cities in the state of Indiana of 15,000 or more inhabitants, where boards of school trustees have been elected and qualified under an act of the general assembly of the state of Indiana, entitled, "An act to amend sec- tion 1 of an act entitled 'An act to amend an act entitled An act to provide for a general system of common schools, the officers thereof and their respective powers and duties, and matters properly connected therewith, and prescrib- ing the fees for certain officers therein named, and for the establishment and regulation of township libraries, and to repeal all laws inconsistent therewith, providing penalties therein prescribed, approved March 6, 1865, and adding supplemental sections thereto,' approved March 8, 1873, " (approved March 12, 1875), being section 4439 of the re- vised statutes of 1881, such board of school commissioners 406 SCHOOL LAW OF INDIANA. be and they are hereby authorized and empowered to issue bonds in any sum not exceeding one hundred thousand dol- lars, for the purpose of erecting buildings for library and school offices to be used in connection with the common schools of said city. Such bonds to bear interest not ex- ceeding five per cent, per annum payable after eleven years from the date thereof and within twenty years from the date thereof, as follows, to wit: One-tenth thereof to be paid eleven years from date, and one tenth thereof to 'be paid each succeeding year until all are paid; the money obtained from the sale of such bonds shall be disbursed by said board of school commissioners and said board of school trustees, respectively, in the erection of a building for the library and school offices to be used in connection with the common schools of said city. Such bonds shall be designated "library building bonds/' and may be issued in such denominations, and in such sums from time to time as the board of school commissioners, or the board of school trustees, respectively, may deem expedient; and each of said bonds shall upon its face designate the date of the maturity thereof : Provided, That at no time shall the amount of bonds so issued for such purpose by any such board of school commissioners exceed the sum of one hundred thousand dollars; and that said board of school commissioners, or said board of school trustees, shall have no power to issue any renewal thereof, but the same shall be paid at maturity as hereinafter provided: And, pro- vided further, That such bonds shall not be sold for less than their par value. 767. Payment of bonds. 2. If the board of school com- missioners, or the board of school trustees, in any city shall exercise the powers granted to it by this act, it shall pro- vide for the payment of said bonds as follows: At the time of the levying of the taxes for the year which shall be collectible immediately before the maturity of the first maturing of said bonds, said board of school commissioners and said board of school trustees, respectively, shall levy, in addition to the levy of taxes they may be authorized to 'SCHOOL LAW OF INDIANA. 407 make for other purposes, a tax upon all property subject to taxation by it sufficient to pay the first maturing of such bonds, and apply the money raised thereby to the payment thereof ; and each year thereafter said board of school com- missioners and said board of school trustees, respectively, shall levy such tax, and apply the proceeds thereof to the payment of the bonds successively maturing until all shall have been paid. 11911. p. 186. Approved March 3, 1911.1 768. Towns Transfer of property to library board. 1. Whenever the town board of any town shall heretofore have purchased or otherwise acquired any property for the pur- pose of transferring the same for library purposes to the public library board of such town, it shall be lawful for such board to transfer such property to the public library board and for the public library board to accept such prop- erty for library purposes, and that such property shall re- vert to the town board whenever it ceases to be used for li- brary purposes. 769. Purchases legalized. 2. Alb purchases of property heretofore made by town boards for the purpose of transfer- ring the same for library purposes to the public library board are hereby legalized and rendered valid. 408 SCHOOL LAW OF INDIANA. CHAPTER XXV. STATE LIBRARY. SEC. 781. Report of receipts and expenditures. 782. Removal of librarian or assistants. 783. Violation of this act, penalty. 784. Publications delivered to librarian. 785. Distribution of publications. 786. State library Legislative reference depart- ment. 787. Reference librarian Salary. 788. Appropriation. SEC. 770. Management. 771 . Election of librarian Term . 772. Term of office Bond. 773. Library, when to be kept open. 774. Preservation of state documents. 775. Legislative papers, preservation. 776. Exchanges. 777. Misappropriation of books. 778. Loan of books. 779. Rules and regulations. 780. Salaries Reference librarian Cataloguer Stenographer. [1903, p. 152. Approved February 28, 1903.] 770. Management. 1. The management and control of the state library shall be vested in the state board of edu- cation, which shall constitute for library purposes the state library board. (E. S. 1908, 9289.) 771. Election of librarian Term. 2. The state library board shall, before the rst day of April, 1905, elect a state librarian, whose term of office shall begin April 1, 1905, and who shall serve until his successor is elected by the said state library board. (E. S. 1908, 9290.) 772. Term of office Bond. 3. The term of office of the state librarian shall be two years and he shall appoint his assistants by and with the advice and approval of the state library board, and he shall, before entering upon his du- ties, give bond and security to the acceptance of the secre- tary of state, in the penal sum of two thousand dollars, which bond shall be filed with the secretary of state. (R. S. 1908, 9291.) 773. Library, when to be kept open. 4. The library shall be kept open from 8 a. m. until 5 p. m. every day, except Sundays, legal holidays and such other days as the governor shall request all state offices to be closed. (E. S. 1908, 9292.) SCHOOL LAW OF INDIANA. 409 774. Preservation of state documents. 5. The librarian shall select from the journals and laws, whenever pub- lished, five copies to be kept permanently for the library, and all other journals and reports shall be preserved for exchange purposes for the benefit of the library. (R. S. 1908, 9293.) 775. Legislative papers, preservation. 6. The librarian shall receive and preserve in the most convenient and per- manent order all legislative papers delivered to him at the close of each session by the secretary of the senate and the clerk of the house. (R, S. 1908, 9294.) 776. Exchanges. 7. The librarian may, with the con- sent of the state library board, exchange for the benefit of the library any duplicate, or any book not wanted in the library, or he may sell such duplicates or other books and shall turn all money thus received into the state treasury, taking the treasurer's receipt and filing the same in the office of auditor of state, who shall charge the same to the account of the treasurer of state for the use of the library. The librarian shall keep an accurate account of all such transactions, making the same a part of his next succeed- ing biennial report to the legislature, as hereinafter pro- vided for. (R. S. 1908, $$9295.) 777. Misappropriation of books. 8. If the librarian shall appropriate to his own use any book or books belong- ing to the state library or any proceeds of any exchange or sale of books, or knowingly make false reports thereof, he shall be deemed guilty of a misdemeanor and shall be fined not less than five nor more than one thousand dollars and shall forfeit and be deprived of his office. (R. S. 1908, 9296.) 778. Loan of books. 9. Such books belonging to the state library, other than reference books, as could be read- ily replaced, in case of loss, may be loaned to any citizen of the state, who shall place such guarantee with the state 410 SCHOOL LAW OF INDIANA. librarian, for the safe return of the same, as the state library board may demand, and who shall pay the cost of transportation of the book or books to and from the bor- rower : Provided, That no book, that could not be readily replaced in case of loss, shall be removed from the state library except by state officials, and by them only in pur- suit of their official duty. (R.-S 1 . 1908, 9297.) 779. Rules and regulations. 10. The library board shall formulate rules and regulations for the care and manage- ment of the library : Provided, That no rule or regulation formulated by said board shall in any way conflict with any of the provisions of this act. (R. S. 1908, <<9298.) 780. Salaries Reference librarian Cataloguer Sten- ographer. 11. The salary of the state librarian shall be eighteen hundred dollars per year. He shall appoint a ref- erence librarian, whose salary shall be eleven hundred dol- lars per year, and a cataloguer, whose salary shall be eleven hundred dollars per year, and an assistant cataloguer and stenographer, whose salary shall be nine hundred dollars per year, and a messenger, whose salary shall be seven hundred and twenty dollars per year. (R. S. 1908, 9299.) 781. Report of receipts and expenditures. 12. The li- brarian shall report at each session of the legislature as to the condition and needs of the library and the receipts and expenditures of money for the two fiscal years immedi- ately preceding the date of such report. (B. S. 1908, 9300.) 782. Removal of librarian or assistants. 13. The state library board shall have power to remove for cause at any time the state librarian or any assistant or any employe of the state library. (R. S. 1908, 9301.) 783. Violation of this act, penalty. 14. Any person guilty of a violation of any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in the sum of twenty-five dol- lars. (R. Si 1908, 9302.) 411 (1899, p. 478. Approved March 6, 1899.] 784. Publications delivered to librarian. 1. That the board of commissioners of public printing, binding and sta- tionery si in 1 1 cause to linvc delivered to the state librarian two hundred copies of each and every report, document, bulletin or other publication published at the expense of the state, except session acts of the general assembly and su- preme and appellate court reports. (As amended, 1905, p. 73, R. S. 1908, 9304.) 785. Distribution of publications. 2. The said state li- brarian shall distribute all publications received from the said commissioners of public^printing, binding and station- ery, except such a* are needed for use in the state library, as follows: One copy of each to each state or territorial li- brary in the United States and to such other libraries as the librarian has or shall arrange with for exchange of publica- tions; one copy of each to each university, college or normal school library within the state of Indiana; one copy of each to each public library within the state of Indiana: Provid- ing, That not less than one copy of each such state publica- tion shall be retained in the state library. (R. S 1 . 1908, ^9305.) [1907, p. 236. Approved March 9, 1907.] 786. State library Legislative reference department. 1. That there is hereby created a legislative reference depart- ment in the state library. It shall be the duty of such de- partment to collect for members of the general assembly in- formation in regard to subjects of legislation, and to organ- ize and arrange such material so that it may be most readily used. It shall obtain and furnish to members of the general assembly, or other officers of the state government, any data available regarding the laws of this and other states, and the working and results of such laws in actual practice, together with references to judicial decisions and interpreta- tion upon such laws. It shall collect and make available such current information upon legislative subjects as will make all data upon subjects of present value. It shall be 412 SCHOOL LAW OF INDIANA. prepared to furnish to members of the general assembly and under their instructions, such assistance as may be demand- ed in the preparation and formulation of legislative bills. The department is authorized to collect material upon mu- nicipal subjects and furnish to the officials of any city or town upon request, any data, and to loan any material which may be available. The department may co-operate with any of the educational institutions of the state in any man ner approved by the state librarian, with the consent of tin state library board. (R. S. 1908, 9310, as amended 1911, p. 657.) 787. Legislative reference .librarian Assistants Sala- ries. 2. The state librarian, by and with "the advice and ap- proval of the state library board, shall appoint a legislative reference librarian, and such other assistants as may be necessary to effectively carry on the work of such depart- ment, and with like approval, shall fix their compensation. (R. S. 1908, 9311, as amended 1911, p. 657.) 788. Appropriation. 3. There is hereby appropriated for the payment of the salaries of such legislative reference librarian and other assistants; and of the expenses and cost of supplies and publications necessary to effectually carry out the provisions of this act, the sum of fifteen hundred dollars, to be available on April first, 1907, and the sum of four thousand dollars annually thereafter. (R. S. 1908. 9312.) For appropriation, see 1911, p. 277. -CIIOOI. LAW OK INDIANA. 413 SBC. CHAPTER XXVI. XSIIIl' ADVISORY BOARD. SEC. 7S9. Advisory hoard. ' 795. Financial record. 790. Taxpayers may attend. 786. Annual settlement with the board. 7'.H. Annual meeting Expenditures and tax levy. 797. New school house School supplies. 7;)-'. Estimate of expenditures. 7! ; S. Trustee's pay. 799. Contracts void. 800. Appointment of first members of board. 793. Compels it ion of hoard, if desired. 7'.M. Special meetings of the board. [IMfil, p. 150. Approved February 27, 789. Advisory board. 1. At the time of electing town- ship trustees the voters of the several townships shall elect an advisory board, consisting of three (3) resident free- holders and qualified voters of the township. The members of such board shall subscribe and file with the trustee an oath to faithfully and honestly discharge their duties as prescribed by law. Their term of office shall be for two years from the day following their first election and until their successors are elected and qualified, and the term of office shall thereafter be for the term of four years from the day following their election and until their successors are elected and qualified. If a vacancy occurs in said board it shall be filled by the remaining members of the board for the unexpired term. They shall meet annually on the first Tuesday of September, at a convenient place in the town- ship, notice of which shall be given as hereinafter provided in section 3. At such annual meeting the members of such board shall elect one of their members chairman for that year. Two (2) members shall constitute a quorum. At such meeting the board shall consider the various esti- mates of township expenditures proposed by the township trustee, and shall have power to concur in such estimates, or in any part thereof, or to reject any proposed item, in whole or in part. Any existing indebtedness need not be paid until due. And the advisory board, at the first annual meeting, may apportion the payment of any existing indebt- 414 SCHOOL LAW OF INDIANA. edness other than to the county or for current expenses for a named term not exceeding five years. When they shall have determined upon the estimates and amounts for which taxes should be levied upon the property and polls within said township for the ensuing year, they shall then deter- mine and fix the rates of taxation upon such property and polls as to the estimated purposes severally. The rates so determined by such board they shall then certify to the county auditor, who shall place the same upon the tax du- plicate, and the same shall be collected and enforced as pre- scribed by law. The rates so prescribed shall be deemed a levy and lien upon the property of such township from and after the first day in April of such year, and such levy shall be deemed an appropriation for the specific purposes for which such estimates are fixed. Such board shall keep a record of their proceedings in a separate book to be fur- nished by such trustee, and kept as a part of the records of the township, to be known as the record of the advisory board of such township, and to remain in the custody of the chairman of such board. Said board shall elect one of its members secretary for said board, who shall record the proceedings thereof at any meeting, in full, under the direction of the board, which shall be signed before the board adjourns. Any meeting may adjourn from day to day till the business is completed, (li. S. 190S, -S'ttJH).) 790. Taxpayers may attend. 2. At any session of such board, any taxpayer of the township may appear and be heard as to the advisability of any estimate or estimates of expenditures, or any proposed levy of taxes, or the ap- proval of the township trustee 's report or any other matter being considered by the board. (R. S. 1908, 9591.) 791. Annual meeting Expenditures and tax levy. 3. The trustee shall at least thirty (30) days, and not more than forty (40) days, before the annual meeting of the ad- visory board, in each year, post at or near the door of all postoffices in the township, a statement of the several esti- mates and amounts of the proposed annual expenditures, SCHOOL LAW OF INDIANA. 415 and the rates of taxation proposed for levy against the property within such township, for the several funds to be expended for his township during the calendar year, and also copies of such notice shall be published one time in the issue printed in the first week of August of each year in the two leading newspapers published in the county, repre- senting the two political parties casting the highest num- ber of votes in such county at the last preceding general election, and one publication in a newspaper in the town- ship interested, if there be a paper published therein. The cost of such publication shall not exceed two dollars in any one year to any one paper, and the cost of necessary copies .for posting and delivery to the board shall not exceed one dollar and fifty cents in any one year. And he shall fur- nish within like periods to each of the members of the advisory board a statement of such estimates and amounts. Such statement shall contain a notice of the place of meet- ing of the advisory board, and shall be substantially in the following form : EXPENDITURES AND TAX LEVIES FOR THE YEAR. The trustee of - - township, - - county, proposes for the yearly expenditures and tax levies by the advisory board at its annual meeting, to be held at the school house of school district No. , the following estimates and amounts for said year : 1. Township expenditures, $ , and township tax, - cents on the hundred dollars. 2. Local tuition expenditures, $ , and tax, cents on the hundred dollars 3. Special school tax expenditures, $ , and tax, cents on the hundred dollars. 4. Road tax expenditures, $ , and tax, -- cents on the hundred dollars. 5. Additional road tax expenditures, $ , and tax, - cents on the hundred dollars. 6. Library expenditures, $ , and tax, - - cents on the hundred dollars. 416 SCHOOL LAW OF INDIANA. 7. Poor expenditures for preceding year, $ , and tax, - cents on the hundred dollars. 8. Other items, if any, expenditures, $ , and tax, - cents on the hundred dollars. Total expenditures, $ , and total tax, - - cents on the hundred dollars. (Dated)- (Signed)- -, Trustee. The trustee shall procure and lay before the advisory board at the annual meeting thereof, the assessed valuation of the taxable property of the township for such year, and also the number of taxable polls in such township. (E. S. 1908, 9592.) 792. Estimates of expenditures. 4. The trustee shall attend all of the meetings of the advisory board, and at the annual meeting thereof, after the board shall have organ- ized, he shall present a detailed and itemized statement in writing of his estimated expenditures for which appropria- tions are asked, specifying the number of teachers neces- sarily employed, their salaries respectively, the number of days deemed necessary for the discharge of the duties of his office, and the days of the week or month when they can be most advantageously performed, the extent of needed bridge and highway repairs, an accurate, itemized list of all the property and supplies on hand, whether in use or in store, for road, school and other purposes and estimated value thereof, the items of school supplies necessary for each school, the condition of pauperism in the township, in- cluding the names of such persons as have received public aid since the taking effect of this act, and since the last an- nual meeting of the board with the respective amounts re- ceived by each person. And also the items, severally, to be charged against the township fund, including salaries, sta- tionery, printing and records and supplies to be furnished to the justices of the township, the trustee's compensation, and his office rent, where an office is authorized by the board and any other items of expense payable from said fund; and he shall submit to such inquiries concerning the expendi- SCHOOL LAW OF INDIANA. 417 hires of his office as the board, or the taxpayers present, may deem proper to make. The advisory board shall have full power to require any estimate, not sufficiently itemized, to be so itemized by the trustee, and to appropriate for any purpose a sum not greater than that estimated in the item therefor, except by the unanimous vote of the board, and not otherwise, an appropriation may be made for an item not contained in any estimate, or for a greater amount than that named in any item of an estimate. (R. S. 1908, 9593.) 793. Compensation of board, if desired. 5. In making the levies for the township fund, if said board shall desire compensation for their services to the township, they may add a sum not exceeding five dollars ($5.00) for the service of each member during the year for which the levy is made, payable out of such fund. (R. S. 1908, 9594.) 794. Special meetings of the board. 6. Upon a special call of the township trustee, or the chairman of the advisory board or a majority of the members of said board, given in writing to each member thereof, stating the time, place and purpose of the meeting, said board may, if a quorum be present, by consent of a majority of all the members present, determine whether an emergency exists for the expenditure of any sums not included in the existing estimates and levy. In the event that such an emergency is found to exist said board may authorize by special order entered and signed upon the record, the trustee to borrow a sum of money to be named sufficient to meet such emergency; and at the next annual session of the board a levy shall be made to the cred- it of the fund ^f or which such expenditure is made to cover and pay the debt so created: Provided, however, That if at any annual or special meeting of said board it shall be found indispensably necessary to provide for the construction of a school building, the cost of which building or the propor- tionate cost thereof if the same be a joint graded high school building will be in excess of the sum available there- for out of any annual levy, then in that event, such board [27272771 418 SCHOOL LAW OF INDIANA. may authorize such trustee to issue township warrants or bonds to pay for such building, or the proportionate cost thereof, such warrants or bonds to run for a period of not exceeding fifteen (15) years; and to bear [interest at a rate] not exceeding six per centum per annum, and to be sold for not less than par; and such board shall annually levy suffi- cient taxes to pay at least one -fifteenth of such warrants or bonds, with interest, each year, and the trustee shall apply such annual tax to the payment of such warrants or bonds each year. In no event shall a debt of the township be cre- ated except by the advisory board of such township, and jn the manner herein specified, and any payment of any debt not so authorized from the public funds of such township shall be recoverable upon the bond of the trustee in a suit, which it is hereby made the duty of said board to institute and prosecute in the name of the state, for the use of said township. And said board is hereby empowered to appro- priate, and the township trustee shall pay out of the town- ship funds a reasonable sum for attorney's fees for such purpose. And if the board, on the written demand of any taxpayer, fails for thirty (30) days to bring suit, then such or any other taxpayer may bring the same, in the name of the state, for the use of the township: Provided, however. Nothing contained herein shall affect any pending litigation. (E. S. 1908, 9595, as amended 1909, p. 208.) 795. Financial record. 7. Each township trustee in this state shall procure and keep a book, to be known as the financial record of the township, in which the trustee shall keep an itemized and accurate account of the financial af- fairs thereof, charging himself with each sum of money when and as received, from every source, giving the date, from whom received, and on account of what fund it is credited. He shall likewise credit himself with all moneys when and as paid out, showing when, on what account, and to whom and out of what fund paid. It shall be the duty of the auditor of the state of Indiana to frame and adopt a form of such book, to be used by all the township trustees throughout the state. Such book shall be a public record: SCHOOL LAW OF INDIANA. 419 Provided, however, That the auditor shall not adopt any patented or copyrighted form and nothing herein shall au- thorize him to contract with any person, partnership, or corporation, for the publishing of such forms. The act en- titled "An act prescribing certain duties of township trus- tees, providing for the appointment and compensation of an auditing board, prescribing its duties and declaring an emergency," approved March 8, 1897, is hereby repealed. (R. S. 1908, 6596.) 796. Annual settlement with the board. 8. The trus- tee shall present to the advisory board, at a meeting of said board to be held annually on the first Tuesday after the first Monday of January of each year, his annual and com- plete report of all the receipts and expenditures of his office for the preceding calendar year, with the balances to the credit of each fund under his charge; and if he has any money from any source in his hands or under his control which is not included in any particular fund, as shown by said report, then he must state all the facts concerning such moneys in his report. Each item of expenditure shall be accompanied by the verified receipt of the person to whom the sum evidenced thereby has been paid, stating particu- larly for what article or service the payment has been made ; that the sum receipted for is the exact sum received, and that no part thereof has been retained by, or returned to or has been agreed, directly or indirectly, to be returned to, the trustee or to any other person, and the trustee is em-" powered to administer oaths to the persons giving such re- ceipts. The report so presented shall be verified by the oath of the trustee, showing that the sums with which he is charged in such report are all the sums received by him, and that the various items of expenditure credited have been fully paid in the sums stated, and without express or implied agreement that any portion thereof shall be re- tained by or repaid by him or to any other person. And the trustee shall subscribe and take an oath that he has received no money nor article of value in consideration of any contract made by him as such trustee. The board shall 420 SCHOOL LAW OF INDIANA consider and approve in whole or in part, the report of the trustee so made, and any sum appropriated and remaining in the hands of the trustee, unexpended and for which no liability exists against the township, shall be deemed and credited in favor of the fund for which it was appropriated, and shall be considered in the ensuing levy. The expendi- ture of any fund, in whole or in part, to any account for which it was not appropriated by said board, shall be deemed by the board of [as] a balance of such fund unex- pended and in the hands of the trustee, for which he shall be liable upon his bond. Any member of the board may administer oaths, and said board may send for persons, books and papers, if necessary, in such examination of said report, and when the examination is closed they shall enter of record their action thereon, specifically stating such parts and items as may be altered or disallowed. Such annual re- port shall remain under the control of such board, the cus- tody thereof to be held by the chairman, and at any time shall be subject to inspection by any taxpayers of the town- ship. On the said annual settlement being made, the trus- tee shall within ten (10) days thereafter, file a copy of such report as adopted by the board, with the accompanying vouchers, in the office of the county auditor, to be preserved; and upon failure the trustee shall forfeit five (5) dollars per day for each day until so filed, to be collected by suit of the board for the benefit of the township. In case the term of the trustee shall expire, or he shall resign or die, then he, or his administrator, shall at once make final set- tlement with the board. Said auditor shall examine such copy of said report, and within ten (10) days after the filing of same in his office, shall report to the advisory board of such township the result of such examination, including his finding as to the accuracy of such report. Said trustee shall cause to be published, by one insertion in two leading news- papers of his county, each representing one of the two po- litical parties casting the highest number of votes at the last preceding general election, an abstract of his said re- port, which abstract shall contain the total of receipts and SCHOOL LAW OF INDIANA. 421 expenditures and balances or deficits in each fund, also the rate of tax levy made for each of said funds for the ensuing year. (As amended 1901, p. 415, R, S. 1908, 9597.) 797. New school house School supplies. 9. If a trus- tee finds it necessary to erect a new school house, he shall procure suitable specifications therefor, to be used by the bidders in bidding and in the construction of such house. If he desires to purchase any school furniture, fixtures, maps, charts, or other school supplies, excepting fuel and literary periodicals in such amounts as may be authorized by the advisoiy board, in any year, he shall make an esti- mate of the kinds and amounts, itemized particularly, to be used by bidders therefor. If it is necessary to make repairs on or about the school houses other than current or inci- dental repairs, he shall likewise make an itemized statement of the nature and character of the work, to be made for the use- of bidders. He shall, in like manner, make a schedule of such work as may be necessary in the repair or construc- tion of bridges in his township for any one year. All con- tracts shall be let, after notice given, by posting for three (3) weeks in five (5) of the most public places in the town- ship, and also at or near the door of each postoffice therein, stating briefly the buildings, repairs or supplies sought to be let, and when and where bids will be received and opened therefor; and if the contemplated expenditures in any one class shall be five hundred dollars ($500) or more, he shall post notices as aforesaid, and also publish notice thereof for one (1) time in the two leading newspapers published in the county representing the two political parties casting the highest number of votes in such county at the last preceding general election: Provided, That one of such publications shall be made in a newspaper published in the township in- terested, if there be a newspaper published therein. The advisory board shall attend the letting. At the letting, all the work or supplies in any one class shall be included and let in a single contract. All bids shall be in writing and be opened and read publicly at the time and place fixed in tho 422 SCHOOL LAW OF INDIANA. notice. The trustee may take time to examine and satisfy himself as to which is the lowest and best bid, and shall ad- vise with the advisory board thereon; and said board is hereby empowered to reject any and all bids. The trustee shall indorse on the bids whether rejected or accepted and preserve the same. When a bid is accepted, a proper con- tract shall then be reduced to writing for such building, re- pairs or supplies, as the case may be, and be signed by the successful bidder and the trustee, who shall require the bidder to give bond with security, to be approved by him, for the faithful execution of such contract. (R. S. 1908, 9598.) 798. Trustees' pay. 10. The township trustees serving under this act shall receive for their services the compensa- tion now or hereafter fixed by law: Provided, That where a per diem is allowed by law the number of days' service for which the trustee is allowed shall be fixed and allowed by the advisory board at their annual meeting, and this shall constitute the entire compensation of such trustee for all the duties of his office. (E, S. 1908, 9600.) 799. Contracts void. 11. All contracts made in viola- tion of this act shall be null and void. (R. S. 1908, 9601.) 1. NOTE. This section modifies all the decisions rendered by the courts concerning contracts of township trustees. It also repeals the law re- quiring the trustee to petition the board of county commissioners for leave to contract debts on behalf of the township. Contracts of townships must now be executed pursuant to the provisions of this act; and if not, they are void. Even though a tow r nship receives articles purchased by its trus- tee, without pursuing the provisions of this statute, it will not be liable for the price agreed upon nor for their value. Peck- Williamson, etc., Co. v. Steen School Tp., 30 Ind. App. (537; 66 N. E. Rep. 901); and see Moss v. Sugar Ridge Tp., 67 N. E. Rep. 460. 800. Appointment of first members of board. 1:2. At the term of the circuit court to be held in the several coun- ties of this state next after the taking effect of this act, such court shall appoint three (3) freeholders and qualified vot- ers residing* in each township, not more than two of whom SCHOOL LAW OF INDIANA. 423 shall belong to the same political party, who shall consti- tute the advisory board of such township until their suc- cessors are elected and qualified; on failure of such court so to do, the governor of the state shall make said appoint- ments. And all laws and parts of laws inconsistent with the provisions of this act are hereby repealed. (E. S. 1908, 9602.) 424 SCHOOL LAW OF IXDIANA. CHAPTER XX VII. PUBLIC DEPOSITORIES. Sic. 801. Public officers Cash book. 802. State officers Payments to treasurer. 803. Institutions, boards, etc. Payments to treasurer. 804. Fees Salary Treasurer. 805. State board of finance. 806. County board of finance. 807. Compensation. 808. Cities and towns Board of finance. 809. Schools and township board of finance. 810. Depository deposits Treasurers. 811. Requirements as to depository Bonds. 812. Other forms of security. 813. Surety disapproved Court decisions. 814. Funds Inviting proposals to receive No- tice. 815. Proposals for funds Interest. 816. Creation of depository Revocation Ap- peal. 817. Selecting state depositories Finance boards Records. 818. Title to securiteis Record Default Sale. 819. State institution deposits Treasurer's set- tlements. 820. Monthly statement by depositories- Checks. 821. More than one depository Maximum de- posits. 822. Published reports Auditor's powers. 823. Selection without advertising Outside of county. 824. Daily deposits Embezzlement Penalties. 825. Official liability Exemption. [1907, p.!391. Approved March 9, 1907.] 801. Public officers Cash book. 1. It shall be the duty of every public officer in this state who receives or disburses public funds, to keep a cash book wherein there shall be daily entered, by item, all receipts of public funds, which cash book shall be daily balanced, showing funds on hand at the close of each day: Provided, Said cash book shall be a public record and open to public inspection. (R. S. 1908, 7522.) 802. State officers Payments to treasurer. 2. After thirty (30) days from the taking effect of this act, all funds shall be paid into the state treasury by each state official handling public funds, and an itemized statement thereof shall be kept by said state official as provided for in section 1, and said state official shall make quarterly settlements with the auditor of state of such funds paid into the treas- ury, as provided for in this act. (E, S. 1908, 7523.) 803. Institutions, boards, etc. Payments to treasurer. 3. It shall be the duty of the state board of medical registra- tion and examination, the Indiana board of pharmacy, the SCHOOL LAW OF INDIANA. 425 several boards of trustees of the several hospitals for the insane, the board of trustees of the Indiana state school for the deaf, the board of trustees of the Indiana school for the blind, the board of trustees of the Indiana school for feeble- minded youth, the board of trustees of the Indiana soldiers ' and sailors' orphans' home, the board of trustees of the In- diana state soldiers 7 home, the board of trustees of the In- diana state prison, the board of trustees of the Indiana re- formatory, the board of trustees of the Indiana boys' school, the board of trustees of the Indiana girls' school, the board of trustees of the Indiana women's prison, the board of trus- tees of the Indiana village for epileptics, the board of trus- tees of the Hospital for treatment of tuberculosis, the board of control of the State soldiers' and sailors* monument, or the secretary, superintendent, or other person having charge of such institutions, boards, schools or offices, on the first- Monday in- each month to pay into the state treasury all funds in their possession due the state from receipts and earnings: Provided, That this section shall not prevent the several boards and persons named herein having control of state funds from keeping oh hand such working balance as may be directed by the state board of finance provided for herein. (E. S. 1908, 7524.) 804. Fees Salary Treasurer. 4. In all cases where it is now provided by law that any state officer, board, body or department, shall collect any fee for any service rendered, or examination had, and appropriate the fee so collected to pay the salary, per diem, or the expenses of any state officer, board, body or department for rendering service or making examination, such fees shall be by such officer, board, body or department, paid into the state treasury as provided for in this act, and the salary, per diem and expenses on ac- count of sudh services, shall be paid out of the state treasury upon an account duly filed and approved as is now provided by law. Such salary, per diem and expenses, however, shall not be in excess of the fees so collected and turned into the state treasury unless otherwise specifically provided. (R. S. 1908, 7525,) 426 SCHOOL LAW INDIANA. 805. State board of finance. 5. The governor of the state, the auditor of state, and the treasurer of state shall constitute a state board of finance, and shall have advisory supervision of the safe-keeping of all funds coming into the state treasury, and all other funds belonging to the state coming into the possession of any state board, officer or state institution. Such board of finance shall have supervision of all the fiscal affairs of the state, including the state sink- ing funds. Such state board of finance shall meet, immedi- ately after the taking effect of this act, in the office of the auditor of state, and organize by electing from their mem- bership a president. The auditor of state shall be the secre- tary of said board of finance. The proceedings of such board shall be entered at length in a record to be provided for that purpose, and be approved and signed by the presi- dent of the board, and attested by the secretary. Such board of finance shall hold sessions whenever necessary to dis- charge its duties. Its sessions shall be public, and its rec- ords shall be kept in the office of the auditor of state and be subject to public inspection. The president of said board shall convene such board whenever requested so to do by one of its members, or whenever necessary to the perform- ance of its duties. Such board may sue, and be sued in its name, in any action, and in any court having jurisdiction, whenever necessary to accomplish the purposes of this act. The treasurer of state shall be required to execute a bond with good and sufficient surety to be approved by the gov- ernor and auditor of state, which bond shall be in an amount to be fixed by said governor and auditor, not to exceed double the amount such treasurer may have in his hands and under his control, and conditioned upon the faithful performance of his duties as such treasurer and shall be in lieu of the bond now required by law. (E. S. 1908, 7526.) 806. County board of finance. 6. The board of county commissioners in each county in the state shall constitute a county board of finance. The members of such county board of finance shall immediately after the taking effect of thi act, meet in the room of the board of county commissioners SCHOOL l.AW OF INDIANA. 427 in the court house. The county auditor shall be the secre- tary of such county board of finance and a record of its pro- ceedings shall be made. The meetings of such board shall be public and its records open to inspection. Such board may sue and be sued in its name, in any action, and in any court having jurisdiction whenever necessary to accomplish tbe purposes of this act: Provided, That in all counties in which the county treasurer is ex officio treasurer of the city which is the county seat of such county, and is ex officio treasurer of the school city or board of school commissioners of such county seat city, the county board of finance shall consist of the board of commissioners of such county, the mayor and comptroller (if any) and the chief executive offi- cer of such school city or such board of school commissioners of such county seat city. The auditor of such county shall act as secretary of such board and in case of a tie shall cast the deciding vote. The mayor shall preside but shall have the power to vote on all questions. When there is no comp- troller in such city, such board shall consist of the other named officers as above set forth. In such counties such county board of finance shall be and is hereby constituted tbe board of finance to have charge and control under this act of the county funds, also of the funds of such county seat city, also of the funds of such school city or board of school commissioners in such county seat city. (R. S. 1908, 807. Compensation. 7. The county auditor shall be paid fifty dollars ($50.00) per annum in addition to his reg- ular salary, on account of the additional services required of him by this act, to be allowed by said board and to bp paid out of the county treasury. The other members of the county board of finance shall serve without compensation other than their salary as county commissioners. Such board shall hold meetings whenever necessary in the dis- charge of its duties as such, and the county auditor shall convene such board whenever reason therefor exists or when requested so to do by one of its members. Said county 428 SCHOOL LAW OF INDIANA. board of finance shall have advisory supervision of the de- posit of public funds of the county treasury as provided for in this act. (R. S. 1908, 7528.) 808, Cities and towns Board of finance. 8. The mayor and common council of each city, except such county seat cities as are mentioned in section 6 hereof, and the board of trustees of the several towns in this state, for the purposes of this act, shall be constituted boards of finance of such cities and towns respectively. The city clerks in each city, and the town clerk in each town, shall act as secretary of his respective board of finance: Provided, That in cities having a comptroller, said comptroller shall be the secre- tary of said board of finance. The city and town boards of finance shall meet immediately after the taking effect of this act, and organize by electing a president of their re- spective boards, and a record thereof shall be made of their action. Said meetings shall be held at the usual place of holding meetings of the said city councils and town boards, which meeting shall be open to the public, and the record at all times, open to inspection. Such city and town boards of finance may sue and be sued in their names, as such, in any action, and in any court having jurisdiction, whenever necessary to accomplish the purposes of this act. The mem- bers of such boards shall serve without compensation, other than the salaries now allowed by law for their services as officers for said cities and towns. Such boards shall hold meetings whenever necessary to the discharge of their du- ties, and the secretaries thereof shall convene the same when requested so to do by any member of said board. Such boards of finance shall have advisory supervision of the safe-keeping and deposit of the public funds of their re- spective cities and towns. (R. S. 1908, 7529.) 809. School and township board of finance. 9. The boards of school commissioners of each school city in this state, having such, and the board of school .trustees of each city in this state, having such, except those in such county seat cities as are mentioned in section 6 hereof, and the SCHOOL LAW OF INDIANA. 429 hoard of school trustees of each school town in this state, and the advisory board of each township in this state, for the purposes of this act are hereby constituted a board of finance for their respective corporation. The board of finance of the several townships, and the boards of finance of the several school cities and school towns of this state, shall meet immediately after the taking effect of this act, at their usual place of holding meetings in their respective cities, towns and townships. Said meetings shall be open to the public, and records thereof made, and each board shall organize by electing a president and secretary from its mem- bership. Such several boards may sue and be sued in their names as such, in any court having jurisdiction, whenever necessary to accomplish the purposes of this act. The mem- bers of such boards shall serve without additional compen- sation, and meetings shall be held whenever necessary in the discharge of their duties. Said city and town school boards, and advisory boards of townships, acting as boards of finance for their respective school cities and school towns and townships, shall have advisory supervision of the safe- keeping and deposit of all public funds belonging to such school cities, school towns and to such townships and the several school townships. (R, S. 1908, 7530.) 810. Depository deposits Treasurers. 10. Immediately after the organization of said several boards of finance and the designation by them of public depositories, as by this act provided, the treasurer of state, the several county treas- urers, the several city treasurers, the several town treasur- ers, the several treasurers of the board of school commis- sioners of the several school cities, the several treasurers of board of school trustees of school cities, the several treas- urers of the board of trustees of school towns and the several township trustees, w r ho receive, or have on hand any public funds by virtue of such office, and subject to deposit, shall make deposit of such funds in the depository or depositories selected by said hoard^ of finance respectively, and file with the secretary of the said respective boards a verified state- ment of the funds deposited. (K. S. 1908, 7531.) 430 SCHOOL LAW OF INDIANA. 811. Requirements as to depository Bonds. 11. No public funds shall be deposited in any bank, banking insti- tution or trust company of this state, pursuant to the pro- visions of this act, unless such institution is subject by law to visitation and examination by the comptroller of the cur- rency for the United States government, through national bank examiners, or by the auditor of state through state bank examiners and until such depository has presented to said board of finance a personal bond executed by not less than seven (7) freeholders of the State of Indiana, as se- curity in a sum equal to sixty per cent, [of] the maximum amount of the funds to be held on deposit at any one time, or has presented a surety company bond in a sum equal to one-half the amount of funds to be so held at any one time, said bonds to be approved by the said respective boards of finance. (E. S. 1908, 7532, as amended 1909, p. 182.) 812. Other forms of security. 12. The several banks and trust companies may, in lieu of a personal or surety company bond provided for in section 11 hereof, be desig- nated as depositories upon their delivery to the state board of finance, or to the several boards of finance of counties, cities, towns, school cities and school towns, and townships, the bonds of any county of this state, or issued by any county of this state for the improvement of roads, bonds of the United States, or bonds of the State of Indiana, for the full face value equal to one-half of the maximum amount to be deposited in any bank or trust company, which bonds shall be deposited with, and held by the auditor of state, or by the respective boards of finance of the counties, cities, towns, school cities, school towns, and townships as security for such deposits: Provided, That before such national, state, or county bonds, or other form of security are ac- cepted by the several boards of finance, they shall determine the value and validity of said security so tendered: Pro- vided, further, That any bank or trust company may furnish the securities provided for in this section for any portion of the maximum amount to be deposited in it, and may furnish SCHOOL LAW OF INDIANA. 431 the personal or surety company bond pursuant to section 11 hereof, for the remainder of such maximum amount. (E. S. 1908, 7533, as amended 1909, p. 183.) 813. Surety disapproved Court decision. 13. If any board of finance fails or refuses to approve the bond or se- curities of any such bank or trust company, the same may be presented to the circuit or superior court in the county, or the judge thereof in vacation, which, after three (3) days' notice to the secretary of any such board of finance, shall proceed to hear and determine the sufficiency of such bond or security, and shall approve or disapprove the same as the facts warrant. Such court or the judge thereof in vacation shall also investigate the financial responsibility of any such bank or trust company and determine its fitness to be desig- nated a depository of public funds. If such court or the judge thereof in vacation approves said bond or security, and finds said bank or trust company, a proper institution to be entrusted with such funds, said bank or trust company shall be declared by such court or the judge thereof in vaca- tion a public depository. (E. S. 1908, 7534.) 814. Funds Inviting proposals to receive Notice. 14. Within twenty (20) days before the time set for the meeting of said several boards of finance, the secretaries of said boards of finance shall mail to each bank or trust company of their respective townships or counties a notice which shall invite proposals, to be filed with said several boards of finance on the date mentioned in such notice, proposing to receive public funds on deposit as provided for in this act. Such notice to be sent by registered mail and the receipt received for such letter shall be filed with the records of the office of said secretary. (E. S. 1908, 7535, as amended 1909, p. 437.) 815. Proposals for funds Interest Surety. 15. Any bank or trust company subject to examination by state or national authority and having its place of business in this state, and doing business herein, which shall desire to re- 432 SCHOOL LAW OF INDIANA. ceive public funds of the state on deposit, or any such bank or trust company within any county, desiring to receive on deposit public funds of the county, or of any public corpo- ration within the county shall file with the respective board of finance on the day mentioned in such notice provided for in section fourteen hereof, its written proposal to receive a maximum sum of public funds on deposit, and agree to pay interest on daily balances, at the rate of two per cent. (2% ) per annum, and upon semi-annual time deposits, two and a half per cent. (2-J%) per annum, and upon annual time de posits three per cent. (3% ) per annum: Provided, The bond or securities required in sections eleven and twelve of this act shall be filed and deposited within five (5) days after notice that an award has been made, and before a deposit of any public funds under said award shall be made: Pro- vided further, That all interest so earned shall be added re- spectively to the tuition fund of the township, general fund of the state, city and town, county fund of the county, and to the tuition fund of the school city or school town, except in all cases interest on school fund shall be applied to tuition revenue: Provided further, That any interest derived from the funds of a state educational institution, shall be addeJ to the fund from which it is derived. (R. S. 1908, 7536.) 816. Creation of depository Revocation Appeal. 16. The boards of finance shall meet at the time and place fixed in said notice, and shall open such proposals and consider the same, and any bank, banks or trust companies within the state tendering security as provided for in this act, and agreeing to pay the interest provided herein, shall be con- stituted depositories for public funds: Provided, That the commission of any depository may be revoked at any time, and an immediate accounting and settlement required by the board of finance under which it operates for any cause deemed sufficient by such board of finance. Such deposi- tory, however, shall have the same right of appeal, and the circuit or superior court, or the judge thereof in vacation, the same jurisdiction to try and determine the case, as pro- vided for appeals in section 13 hereof. (R. S. 1908, 7537.) SCHOOL LAW OF INDIANA. 433 817. Selecting state depositories Finance boards Rec- ord. 17. The state board of finance shall establish and de- clare banks and trust companies [depositories] for state funds with reference to the convenience of officers and state institutions using them. When any board of finance has established a depository or depositories for public funds, the president of such board of finance shall approve and accept snid bank, banks or trust companies as depositories Tor public funds, and the secretary thereof shall attest said acceptance, and thereupon the notice, proposal, bond or se- en ri ties, and acceptances, shall be recorded by the secretary as provided therefor in a book kept for that purpose. Such boards of finance in the acceptances executed by them shall fix the maximum amount of funds which shall at any time be placed on deposit in any such institution, and the attor- ney-general, upon the approval of this act, shall prepare forms of proposals, forms of bonds and forms of accept- ances which shall be used and observed by the several boards of finance, in the execution of this act. The first designation of public depositories pursuant to this act, shalJ remain effective until the first Monday in January, 1909. On the first Monday in January, 1909, and biennially there- after, the several boards of finance created by this act shall designate public depositories for the ensuing two years and upon the terms and according to the regulations prescribed in this act, and after notice of their meeting shall have been given for twenty days by the secretaries thereof, as pro- vided in section 14 of this act, (R. S. 1908, 7538.) 818. Title to securities Record Defaults-Sale. 18. The title of all collateral bonds deposited by any bank, hanks or trust companies, to secure the deposit of public funds, as provided in this act, shall vest in the board of finance with which the same are deposited, for the use and benefit of the state, [county], city, town, township or school corporation whose funds are secured thereby. There shall be entered on record in the records of such boards of finance, [2827277] 434 M'HOOL LAW OF INDIANA. a list of the bonds so deposited, the date of deposit, and the date of release and surrender of the bonds so deposited. During the time that such bonds are so deposited, and while the funds that secure them remain ui)r>aid and unaccounted for, such bonds so deposited shall not be negotiable or trans- ferred either in writing or by delivery. All interest coupons accruing upon any such bonds while on deposit shall belong- to and be -delivered by the custodian thereof to the deposi- tory depositing the same, provided said depository is not in default in any of the public funds. If a collateral bond ma- tures while the deposit continues, or if for any other reason it becomes necessary to said depository to withdraw such collateral bond or security, the depository depositing the same shall be entitled to withdraw any such collateral bond, substituting therefor other collateral bonds to the approval of said board of finance. In case any depository defaults in the payment of any public funds so deposited, the collat- eral bonds so deposited shall be sold at public sale for cash, to the highest bidder, after thirty (30) days' notice of the time and .place and terms of sale, which notice shall be given by publication in two newspapers of the county where the sale is to take place. The sale of said collateral bonds, for and on behalf of the state board of finance, shall be con- ducted by the auditor of state; for and on behalf of the county board of finance, by the county auditor; for and on behalf of the city, by the mayor and common council; for and on behalf of the town boards of finance, by the board of town trustees; for and on behalf of the township board of finance by the auditor of the county; for and on behalf of school city and school town boards of finance, by the trus- tees of such city or town school boards. And the funds realized from such sale shall be applied to the payment of the expenses of the sale, then the sum due from such deposi- tory, and the balance, if any, shall be turned over to such de- pository. The title of any collateral bonds so sold shall pass by delivery of said board of finance to the purchaser, and a record of such sale shall be made by the secretary of said board of finance: Provided, That if the collateral bonds FCHOOL LAW OF INDIANA. 435 shall not sell for a sum sufficient to pay the amount due by such depository, an y balance unpaid shall be a claim against the assets of such depository. (E. S. 1908 ? 7539.) 819. State institution deposits Treasurer's settlement. 19. The state board of finance shall arrange for the deposit of all state funds held by state schools or educational insti- tutions, and all funds held by any state institutions now au- thorized to keep public funds on hands, in banks or trust companies, convenient to said officers or institutions, and said deposits shall be made in accordance with the provi- sions of this act, and such state board of finance is hereby authorized to adopt such rules and regulations concerning the safe keeping and deposit of such state funds as may be- come necessary to accomplish the purpose of this act. That in all settlements made by the several county treasurers of the state with the treasurer of state the treasurer of state shall accept from the county treasurers certificates of de- posit issued by any authorized depository of any county in the state in payment of any settlement due the state on ac- count of the common school fund, common school tuition fund and all other funds levied for school purposes for which settlement is required with the treasurer of state, col- lected by any such county treasurer to an amount approxi- mately equal to the sum of money to be returned to any such county by the state on account of the common school distribution, which certificate of deposit shall be returned to the county in the settlement of any amount due such county on account of such distribution. (R. S 1 . 1908, 7540, as amended 1909, p. 324.) 820. Monthly statement by depositories Checks. 20. Each depository in this state having public funds on de- posit shall furnish to the board of finance, under which it operates, on the first day of each month, an itemized state- ment of the public funds in such depository, which state- ment shall be filed and carefully preserved in the office of the secretary of said hoard of finance, and all sums of in- terest accruing on the funds deposited as aforesaid shall bo 486 SCHOOL I.A\V OK INDIANA. credited to the deposit accounts by said depository on the first day of each month for the preceding month, and the auditor of state, and each county auditor, shall charge the treasurers respectively with the amount of such interest and credit the same to the state or county. The city or town hoard of finance, school city or school town board of finance, and the township board of finance, shall 'make such settle- ments concerning interest accruing on public deposits with their treasurers and trustees under such rules and regula- tions as they may adopt: Provided, That all checks drawn upon depositories shall be signed by officers authorized to sign the same in their official capacity: Provided, further. That all funds paid out of the state treasury shall be by check of the state treasurer upon the warrant of the auditor of state. (R. S. 1908, 7541.) 821. More than one depository Maximum deposits. 21 . When two or more banks or trust companies in the snme county, city, town or township, propose to become deposi- tories of the funds thereof and offer the rate of interest provided for herein, it shall be the duty of the board of finance of such county, city, town or township to select, im- partially, as many of such banks or trust companies for de- positories as tender satisfactory security for such deposits: Provided, That maximum amount of deposits to be made in any depository selected by one or more of the boards of finance created by this act shall not exceed the sum of five hundred thousand dollars ($500,000) : Provided, That the maximum sum to be deposited in the several depositories shall be awarded among the qualifying depositories in pro- portion to their capital stock, and surplus: And, provided, That in the event that the depositories qualifying under this act shall not be sufficient in number, the board of finance may in its discretion deposit in any one or more de- positories more than the said sum of $500,000; And pro- vided further, That all funds of city, town, township and school corporations shall be deposited in banks, banking institutions or trust companies designated as public depos- SCHOOL LAW OF INDIANA. 437 i lories located within the respective limits of such cities, towns, township or school corporations, if such there be, which shall accept such deposits of funds on the terms herein provided. In case there is no bank or trust com- pany, within any city, town, township or school corpora- tion, which shall accept such deposits of funds on the terms herein provided, then the funds of such corporation shall he deposited in one or more qualifying banks or trust com- panies of the county or of an adjoining county which are most convenient to such corporation, but there shall be no discrimination as between banks of equal convenience out- side of such corporation. In case two or more banks or trust companies are designated as depositories the board of fir.ii nee shall require the officer having charge of the funds to deposit and maintain the balances in each depos- itory as nearly as practicable in proportion to the maxi- mum sum awarded to such depositories, as provided in section 17 of this act: And provided further, That in case nny bank or trust company in this state which has been awarded a deposit of public funds under this act, and is designated a public depositor} 7 , shall at any time desire to givo up and relinquish such deposit of public funds; or if any bank which has been designated a public depository shall increase its capital stock, after such award has been made, and such bank shall file bond or securities for addi- tional deposits proportionate to such increase of its cap- ital stock, then the said board of finance, in whose juris- diction said bank or trust company is located, shall have the power and authority to order the proper official to draw on the treasurer of such funds for the purpose of making such transfer as may be ordered by said board of finance. (R, S. 1908, 7542, as amended 1911. p. 425.) 822. Published reports Auditor's powers. 22. Every national banking corporation designated as a depository under the provisions of this act having public funds on de- posit as such, is hereby required to submit to the state bank examiner foi examination, and to submit any published re- port or reports made to the comptroller of the currency re- 438 SCHOOL LAW OF INDIANA. lating to the financial condition of such association. The auditor of state may call for reports from any depository designated as such by any such board of finance whenever in his judgment the same is necessary in order to obtain full and complete knowledge of the condition of the public funds therein deposited. (R. S. 1908, 7543.) 823. Selection without advertising Outside of county. 23. That in counties where only one bank or trust com- pany is located, the board of finance shall designate such bank or trust company a depository without advertising: Provided, Such bank or trust company agrees to pay inter- est at the rates as provided for in this act, and give security as herein provided: Provided further, That in counties where there is no bank or trust company, or where no bank or trust company offers to accept public funds on deposit and comply with the requirements of this act, the board must designate some bank, banks or trust companies outside of such county, and within the state, as such depository or depositories. (E. S. 1908, 7544.) 824. Daily deposits Embezzlement Penalties. 24. All public funds paid into the treasury of the state, counties, cities and towns and school cities and school towns shall be deposited daily in one or more designated depositories in the name of the state, county, municipality, or school corpo- ration by the officer having control thereof, except that the public funds collected by the secretary of state, auditor of state, attorney-general, clerk of the supreme court, chief oil inspector, commissioner of fisheries and game, or any state officer or board having an office in the state capitol building other than the treasurer of state, shall be deposited with the treasurer of state; all such state funds to be deposited on the day following the collection thereof, and the funds collected by the township trustee to be deposited in the public depository provided therefor, on or before the first and fifteenth days of each month: Provided, That all taxes collected by the county treasurer shall be deposited as ono fund in the several depositories selected for the deposit of SCHOOL LAW OF INDIANA. 439 county funds, and except as hereinafter provided, shall so remain until the same is distributed at the following semi- annual distribution made by the county auditor. And no such officer shall draw any check upon any such depository for any purpose except for the payment of a warrant drawn by the auditor of state, or warrant or order drawn by the county auditor, or the proper officer of a city, town,, school city or school town, or in payment of a legal claim against a township, and if any such officer or person mentioned herein shall fail so to deposit such funds, or shall deposit the same in any manner except in accordance with the pro- visions of this act, or shall draw any check against such funds except as provided for in this act, he shall be deemed guilty of embezzlement of public funds and upon conviction shall be imprisoned in the state's prison not less than one year nor more than twenty years, and fined in any sum not to exceed one thousand ($1,000) dollars, and may be re- moved from office under the proceedings authorized by law, and shall be liable upon his official bond for any loss or dam- age which may accrue: Provided, further, That if any pub- lic official charged with any other duty under this act shall knowingly fail to discharge- and perform the same, or shall violate any of the provisions of this act, he shall upon con- viction thereof be fined in any sum not less than $50.00 nor more than $1,000.00, and to it may be added imprisonment in the county jail for any period not less than thirty days nor more than six months: Provided, however, That every county treasurer who, by virtue of his office, shall be the col- lector of taxes for any city, town, school city or school town, within his county, shall on the first day of each calendar month, make an estimate of such taxes so collected by him for each such city, town, school city or school town, re- spectively, during the preceding month and certify the re- spective amounts to the auditor of such county, and the au- ditor of such county shall thereupon draw his warrants upon such county treasurer in favor of such city, town, school city or school town for the respective sums so certi-. fiod which warrants shall be delivered by such auditor to such respective cities, towns, school cities or school towns 440 SCHOOL LAW OF INDIANA. through the city controller, if any, and if not then to the city or town clerk, and upon the presentation of such war- rants to the county treasurer he shall promptly pay the same to the treasurer of such city, town, school city or school town, which respective sums shall be immediately available for the use of such city, town, school city or school town pending a full settlement with the county auditor at the time of his next regular semiannual distribution of funds and for the purpose of such monthly certification by the county treasurer and the drawing and delivery of such warrants by the county auditor and the immediate use of the amounts so certified; all moneys collected by the county treasurer for the benefit of a teachers ' pension fund shall be deemed moneys collected by him for such school city or school town within the meaning of this proviso. All war- rants and orders for the payment of public money, excepting state and township funds, shall be drawn by the proper officer upon the proper treasurer, and to each warrant and order when drawn may be attached a readily detachable slip showing the number, date and amount, name of the payee, the purpose, the fund upon which it is drawn, and the name and office of the drawer; such warrants and orders shall be presented to the proper treasurer who shall detach and retain the slip, and stamp upon the warrant or order the name of the depository by which such warrant or order is payable, and countersign the same, and no warrant or or- der shall be effective until so stamped and countersigned: Provided, however, That the said treasurer when any war rant or order shall be presented for stamping and counter- signing may, after stamping and countersigning the same, for convenience of the persons presenting the same, pay the amount thereof to such holder presenting the same and take an assignment by endorsement of such warrant or or- der and deposit the same in the proper depository in lieu of the cash so paid out to the holder of such warrant or order. All township warrants shall be drawn by the town- ship trustee directly against a township depository. (B. S. 1908, 7545, as amended 1911, p. 616.) - IIOOL LAW OF INDIANA. 441 . 825. Official liability Exemption. 25. When the pub- lic funds of the state, county, city, town, township, or school corporation are deposited by the officers having control thereof, as provided herein, such officer and his bondsmen shall be exempted from all liability thereon by reason of loss of any such funds from failure, bankruptcy, or any other act, of any such depository or depositories, to the ex- tent of the funds in the hands of any such depository or de- positories at the time of such failure or bankruptcy: Pro- vided, This act shall be in effect and full force on and after December 1st, 1907. (R. S. 1908, 7546.) 442 SCHOOL LAW OF INDIANA. CHAPTER XXVTT.I. THE PUBLIC ACCOUNTING BOARD. SBC 826. Appointments by Governor. 827. State Board of Accounts Powers Duties. 828. Separate accounts. 829. State Examiner Reports to Contents. 830. Examiner Comparative statistics. 831. Forms for reports Blanks, etc. 832. Assistants Field examiners. 833. Competitive examinations. 834. State examiner Duties Powers. 835. Failure to report Penalty. 836. Fee records Fee and salary book Open to Public. 837. Fines or forfeitures Record book Re- ports Penalty. 838. Audit of bills Warrant Quietus. 839. Expense of examination How paid. 840. Traveling expenses. 841. Bonds required. 842. Definitions. 843. Bribe Offer or acceptance Penalty. 844. Examinations without notice Penalty. 845. Books Records and forms. SBC. 846. When act in effect. 847. Officers Duties as to books, etc. Pen- alty. 848.. Repeal. 849. Field examiners Appointment Duty Compensation. 850. Reports of examinations Transmiasion to Attorney General. 851. Prosecutions By whom prosecuted. 852. Prosecuting Attorney Duties. 853. Plaintiffs in prosecutions Judgment. 854. Pending actions Prosecutor's duties. 855. Prosecutor's fees. 856. Compromise by Prosecutor Consent of Examiners. 857. Findings of Examiners Notice Hearing- Settlement Publicity. - 858. Trial Sole question Evidence. 859. Remedies cumulative. 860. Appeals Duties of Attorney General. [1909, p. J36. Approved March 4. 1909.] 826. Appointments by governor. 1. There is hereby created and established a department of inspection and su- pervision of public offices. The principal officer of said de- partment shall be known as state examiner, shall be a skill- ful accountant and well versed in public accounting, and shall receive an annual salary of four thousand dollars, and he shall be appointed by the governor. There shall also be appointed by the governor two deputy examiners who shall have like qualifications as the state examiner, and who shall be of different political parties, and each deputy examiner shall receive an annual salary of three thousand dollars, and such deputy examiners shall be subordinate to the state ex- aminer. It shall be the duty of the governor within sixty days after the taking effect of this act, to appoint such state examiner and to appoint two such deputy examiners. One of such deputy examiners shall be appointed for two years and the other for four years, and their successors shall be appointed for four years. The deputy examiners shall be SCHOOL LAW OF INDIANA. 443 subject to removal by the governor upon executive order entered in writing and showing cause therefor. The clerk of said department shall be appointed by the state exam- iner, and shall be responsible to the state examiner, and shall receive an annual salary of two thousand dollars. Said salaries provided by this section shall be paid monthly out of any moneys of the state not otherwise appropriated. The department of inspection and supervision of public offices shall be provided with suitable quarters hi the state house. 827. State board of accounts Powers Duties. 2. The governor, the auditor of state and state examiner shall con- stitute the state board of accounts and as such shall formu- late, prescribe and install a system of accounting and re- porting in conformity with the provisions of this act, which shall be uniform for every public office and every public account of the same class, and which shall exhibit true ac- counts and detailed statements of funds collected, received and expended for or on account of the public for any and every purpose whatever, and by all public officers, employes or other persons, and which shall show the receipt, use and disposition of all public property, and the income, if any, derived therefrom; and shall show all sources of public in- come and the amounts due and received from each source, and shall show all receipts, vouchers and other documents kept, or that may be required to be kept, necessary to sepa- rate to itself and prove the validity of every transaction; and they shall formulate all statements and reports made or required to be made for the internal administration of the office to which they pertain, and all reports published or that may be required to be made or published for filing in the office of state examiner or for the information of the people, regarding any and all details of the financial ad- ministration of public affairs; and they shall from time to time make and enforce such changes in the system and forms of accounting and reporting as shall by them be deemed wise or as may become necessary in order to con- form to law. 444 ' SCHOOL LAW OF INDIANA. 828. Separate accounts. 3. Separate accounts shall be kept for every appropriation or fund made by or accruing to any municipality, showing date and manner of each pay- ment made out of the funds provided for [by] such appro- priation, the name, address and vocation of each person, firm, organization, corporation or association to whom paid, and for what paid, such name, vocation and address to be embodied in and verified in all claims by law required to be filed for payment. Separate accounts shall be kept for each department, undertaking, institution and public service in- dustry. Accounts of public service industries shall show the true and entire cost of the ownership and operation thereof, the amount collected annually by general or special taxation for service rendered to the public and the amount and character of the service rendered therefor, and the amount collected annually from private users, if any, for service rendered to them, and the amount and character of the service rendered therefor. 829. State examiner Reports to Contents. 4. The state examiner shall require from every municipality and every public institution, financial reports covering the full period of each fiscal year, said reports to be made respect- ively by the county auditor, township trustee, city clerk, town clerk and secretary of the board of school trustees or commissioners for their respective municipalities, and by the superintendents of public institutions, in accordance with the forms and methods herein provided for, which shall be uniform for all accounts of the same class, which said re- ports shall be prepared, verified and filed with the state ex- aminer within thirty days after the close of each fiscal year, which shall be December 31st of each year in all cases in which the fiscal year is not otherwise fixed by law. Such reports shall contain an accurate statement, in summarized form, of all collections made by or receipts received by such municipalities and institutions from all sources, all accounts due the public treasury but not collected and of all expenditures for every purpose and by what authority authorized, and also: SCHOOL LA\V OF INDIANA. 445 (a) A statement of all costs of ownership and operation and of all income of every public service industry owned by any municipality. (b) A statement of the entire public debt of each munic- ipality and such other and further or more specific infor- mtaion in relation to the cost of any branch of the municipal service or any improvement therein as may be required by the state examiner. (c) A statement of all revenues received from the pay- ments of liquor licenses and in addition thereto an itemized statement of all amounts remaining unpaid upon any liquor licenses theretofore granted or then in force. (d) A statement showing the amount of the common school funds in the custody of each county, including an itemized statement showing the investment of all such funds, of delinquent school fund mortgages, and of lands forfeited for non-payment of school fund mortgages. 830. Examiner Comparative statistics. 5. The sub- stance of the reports required by the provisions of this act shall be arranged by the state examiner in such form as shall indicate the comparative receipts of the various sources of revenue and the comparative costs of the several branches of government in the specified municipalities and shall be published in an annual statement of comparative statistics, which shall be issued for each class of municipali- ties at the expense of the state as a public document, and shall be submitted by the state examiner annually to the governor and to the legislature at each regular session. Copies thereof shall also be furnished by him to each mu- nicipality named therein. 831. Forms for reports Blanks, etc. 6. The governor, auditor of state and state examiner shall formulate, pre- scribe and approve the forms for reports herein required to be made, and the state examiner shall annually furnish to the officers required to make reports by the provisions of this act, at least ninety days before the time such reports are required to be filed with him, such printed blanks and 446 SCHOOL LAW OF INDIANA. forms on which shall be indicated the information required, together with suitable printed instructions for filling out the same. In formulating, prescribing and installing a uni- form system of accounting and reporting, the governor, au- ditor of state and state examiner may employ necessary clerical assistants and one or more expert assistants at a reasonable compensation to be by them determined, and such compensation shall be paid out of any moneys not otherwise appropriated, upon vouchers certified as to cor- rectness by the state examiner, and complying in all re- spects with the law relating to disbursements by the state government. 832. Assistants Field examiners. 7. The state exam- iner shall appoint assistants not exceeding such number as in the judgment of the governor, the auditor and the state examiner may be required to administer the provisions of this act. Such assistants shall be known as "field exam- iners" and shall at all times be subject to the order and di- rection of the state examiner, and shall be charged with the duty of inspecting and examining accounts of such munici- palities. Such field examiners shall be paid as provided in section 14 of this act, the sum of ten dollars for each day employed, and one railroad fare each way between their respective homes and the place of examination. No field examiner shall receive more than one per diem for work performed in any One day, and no other allowance for ex- penses shall be made to such field examiners. 833. Competitive examinations. 8. Such field exami- ners shall be appointed from applicants who shall have suc- cessfully passed an open, competitive examination for test- ing their fitness for appointment. Such examinations shall be made at stated periods by the chief examiner and deputy examiners after due announcement in the" public press, and shall be practical in their character, and as far as may be shall relate to those matters which will fairly test the rela- tive capacity and fitness of the persons examined to dis- charge the duties of the office, and all appointments of field SCHOOL LAW OF INDIANA. 447 examiners shall be made solely upon the ground of fitness and without regard to the political affiliation of the ap- pointee, excepting that no more than one-half of the number of field examiners employed at any one time shall belong to any one political party. The state board of accounts is em- powered to make and establish, and from time to time alter and amend by-laws, rules and regulations for the proper en- forcement of the provisions of this section. 834. State examiner Duties Powers. 9. It shall be the duty of the state examiner, and he is given full power to examine personally or through the deputy examiners and field examiners, all accounts and all financial affairs of every public office and officer and of every public institution, in- cluding all state offices and state institutions, and shall make such examination at least once each year. On every such examination inquiry shall be made as to the financial con- dition and resources of each municipality or institution, whether the laws of the state and the requirements of the department of inspection and supervision of public offices have been complied with, and into the methods and ac- curacy of the accounts and reports of the office examined. Such examinations shall be made without notice. The state examiner, deputy examiners or any field examiner when en- gaged in making any examination as provided in this act, or when engaged in any official duty devolved upon them as such, shall have the right to enter into any state, county, city, or township or other public office or offices in this state, or any public institutions, and examine any books, papers or documents contained therein or belonging thereto for the purpose of making such examination, and shall have access, in the presence of the custodian thereof or his deputy, to the cash drawers and cash in the custody of such officer, and they shall also have the right, during business hours to examine the public accounts in any depository which has public- funds in its custody pursuant to the laws of this state. The state examiner, deputy examiner or any field examiner, when engaged in making any examination of any office, 448 SCHOOL LAW OF INDIANA. officer, board or institution, or any other examination au- thorized by this act, may issue subpoenas for witnesses to appear before him in person or to produce books and papers before him for inspection and examination. They shall have the authority to administer oaths and to examine such wit- nesses under oath orally or by interrogatories propounded touching the matters under investigation and examination, and under authority of the state examiner, such oral exam- ination may be taken in shorthand and transcribed, and the reasonable expense thereof shall be paid by the municipality in the same manner as the compensation of the field exam- iner is paid. Such subpoenas shall be served by any person authorized to serve civil process from any court in this state. In case any witness duly subpoenaed refuses to at- tend, or refuses to produce documents, books and papers as required in such subpoena, or shall attend and refuse to make oath or affirmation, or being sworn or affirmed, shall refuse to testify when called upon so to do, then such person shall be by such examiner reported to the prosecuting at- torney of the county or judicial district where the offense is committed for proceedings by that officer under section 504 of an act entitled "An act concerning public offenses,'' ap- proved March 10, 1905, and such examiner may apply to the circuit court having jurisdiction thereof for the enforcement of attendance and answers to questions as provided by law in the matter of taking depositions. Wilful false swearing in such examination shall be perjury and shall be punish- able as such. A report of such examination shall be made, signed and verified in duplicate by the officer making the examination, one copy to be filed with the state examiner, one copy to be filed with the officer or institution examined, and one copy to be filed with the auditing department of the municipality examined and reported upon. If any such ex- amination discloses malfeasance, misfeasance or non-feas- ance in office on the part of any officer or employe, an addi- tional copy of such report shall be so made, signed and veri- fied, and it shall be the duty of the state examiner to place such report with the governor, and the governor shall trans- SCHOOL LAW OF INDIANA. 449 init the same to the attorney general and the attorney gen- eral shall institute and prosecute such civil proceedings against such delinquent officer, or upon his official bond or both, as will carry into effect the findings resulting from such examination and secure to the proper municipality the recovery of any funds misappropriated. Any such report as is described in this section or a copy thereof duly certi- fied by the state examiner shall be taken and received in any and all courts of this state, as evidence of the facts in such reports stated and contained. It shall be unlawful for any deputy examiner or field examiner to make any disclosure of the result of any examination of any public account ex- cepting as he shall make the same to the state examiner, or as he shall be directed to give publicity to any such matter by the state examiner, or by any court. 835. Failure to report Penalty. 10. Any public officer who shall fail or neglect to make, verify and file with the state examiner any such report as is required by this act, or who shall fail or neglect to follow the directions of the state examiner in keeping the accounts of his .office, or who shall refuse the state examiner, deputy examiner or field exam- iner access to the books, accounts, papers, documents or cash drawer or cash of his office, or who shall in any way interfere with such examiners in the discharge of their official duties shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars nor more than one thousand dollars, and shall forfeit and be removed from his office in the manner now or hereafter provided by law. 836. Fee records Fee and salary book Open to public. 1 1. There shall be kept in the office of each public officer, board, commission and institution in this state, a record of fees collected for the public treasury, and in addition a sep- arate fee and salary book, both of which shall at all times be subject to public inspection, the forms for which, for each class of offices, shall be devised and formulated by the governor, auditor and state examiner provided in this act, [2927277] 450 SCHOOL LAW OF INDIANA. It shall be the duty of all public officers in this state, all boards, commissioners, commissions, superintendents of in- stitutions, constables, justices of the peace, town and city marshals and mayors, city judges and mayors who act as city judges, and all other persons who collect fees for their services or as otherwise provided by law or in the course of their official duty, to keep a complete record of all such fees collected from any and every source whatever, and such officers and persons shall keep a separate record of all such fees as are payable into the public treasury, and a separate record showing all fees and salaries received by any officer or person, and it shall be the duty of all such officers who employ deputies, assistants, clerks, stenographers or other employes who receive a salary, fees from any source what- ever, or other compensation, paid with public funds, to en- ter in such fee and salary book the names of all such officers and persons, including himself, as receive any such com- pensation, and the amount thereof, from time to time, as the same accrues, and to show upon each book the particulars of each item and from whom and on what account the same accrues and when the same was paid to the officer or other- person, and by whom paid. The intention and purpose of this section is declared to be that such book shall contain separately the items and totals of all sums collected for the benefit of the public treasury and of all sums received by the respective persons for all services rendered and which accrues to them respectively on account of their exercising the duties of such position so held by them respectively, and that this section shall be construed to apply to all state officers, state institutions, state commissioners or commis- sions, and to all county, city, town, township and school officers in this state. Such records as are provided for in this section shall be public records and shall always be ac- cessible to the public. 837. Fines or forfeitures Record book Reports- Penalty. 12. It shall also be the duty of any officer who collects or receives fines or forfeitures belonging to the State of Indiana, to keep in a separate book a record of all SCHOOL LAW OF INDIANA. 451 sums received from such fines and forfeitures, the amount of each and from whom and when received. It shall be the duty of the clerk of every court possessing criminal juris- diction, and of every justice of the peace, mayor or city judge who assesses fines, to make report forthwith to the auditor of state of any and all fines assessed in such courts or ly such justices of the peace, mayors or city judges for violation of tl\e criminal statutes of the State of Indiana, and upon payment of any such fines forthwith to report such payment to the auditor of state, and it shall be the duty of such officers immediately upon the occurrence thereof, to report to the auditor of state the forfeiture of all bonds and recognizances in which the principals have defaulted, and for the purpose of making such report a forfeiture shall be deemed to have occurred whenever and as soon as the prin- cipal in said bond or recognizance shall have defaulted therein, and upon payment of any such forfeiture the same shall he by such officer reported forthwith to the auditor of .state, and it shall be the duty of the auditor of state to keep i\u account of all such fines and forfeitures and payments thereof and to charge such officers therewith as debtors to the common school fund immediately upon the report of payment thereof. The examination in this act provided for shall extend to the offices of justice of the peace and all ii ayors and city judges who collect and receive such fines and forfeitures. The expense of such examinations shall be paid for by the township in and for which such person is justice of the peace, or by the city or town for which such person is mayor or judge, as the case may be, and as pro- vided in section 14 of this act. Any public officer who shall violate any of the provisions of sections 11 and 12 of this net or fails to comply therewith shall be guilty of a misde- meanor, and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dol- lars, and shall forfeit and be removed from his office as now or hereafter provided by law. 838. Audit of bills Warrant Quietus. 13. It shall be the duty of every officer having authority to draw the war- 452 BciiooL LAW OK INDIANA. rant of the state or of any municipality referred to in this act in disbursing its funds, or who has authority to execute the receipt and quietus of the state or of such municipality in settlement with public officers or with debtors, before presenting the same for allowance to the board or other au- thority required to pass upon the same, to make an exami- ntion of all claims as to their form, the authentication there- of as required by law, whether they are based upon contract or statutory authority, and as to their apparent correctness, and upon presenting the same to file therewith his certifi- cate in writing as to such matters in respect to each and all of such claims; and where the authority to pass upon and allow such claim is lodged in such officer, he shall, before drawing a warrant therefor, certify to the correctness there- of over his official signature, and it shall be his duty before issuing the receipt or quietus of the state or municipality to any debtor or any officer making settlement with the state or municipality to examine the report, account or settle- ment sheet upon which settlement is made, and to require of such debtor or officer, or to otherwise secure all such in- formation, accounts, vouchers or exhibits as shall be neces- sary to satisfy such officer issuing such receipt or quietus of the correctness of such report, account or settlement sheet, and to certify thereon that he has made such examination and is satisfied as to its correctness, and no such warrant or quietus shall be issued by any such officer until such certifi- cates shall have been executed and filed with such claim, re- port, account or settlement sheet. 839. Expense of examinations How paid. 14. The ex- pense of examination and investigation of public accounts, provided for herein, shall be paid by each municipality for the examination and investigation of its accounts, including those of its public service industries, and when any field ex- aminer shall file with the state examiner his voucher in form prescribed by law relating to state expenditures, the state examiner, if he approve the same, is hereby authorized and empowered to certify the expense of such examination and investigation to the auditor of the county in which such M'HOOL LAW OF INDIANA. 45.'] municipality is situate, who shall forthwith and without any appropriation being made therefor, issue his warrant for the amount stated in such certificate on the county treasurer, payable to the person named in such certificate, out of the general fund of the county, said fund, except as to expense for examining and investigating the financial affairs of the county and its offices and officers, to be reimbursed by the county auditor out of the moneys due such municipality at the next semi-annual settlement of the collection of taxes, in case of school corporations the same to be deducted from the special school fund. In the event the county to whom such claim may be made shall not have possession or col- lection of funds due or to be due to any municipality the af- fairs of which are examined, then such certificates shall be filed with, and such warrant shall be drawn by the disburs- ing officer of such municipality having authority to draw warrants upon its funds, and said warrant shall be paid forthwith without any appropriation being made therefor. In case it shall be necessary to employ such field examiners in the investigation of state offices or state institutions then such certificate of expense shall be made to the auditor of the State of Indiana, who shall draw the warrant of the state to cover the same, which warrant shall be paid out of funds not otherwise appropriated. 840. Traveling expenses. 15. The necessary traveling expenses of the state examiner and his deputies when en- gaged in the business of the state, shall, when approved by the governor and duly itemized and accompanied with vouchers, as required by the law relating to state expendi- tures, be paid out of moneys not otherwise appropriated. 841. Bonds required. 16. The officers provided for by this act shall each give bond for the faithful performance of his duties, as follows: The state examiner in the sum of five thousand dollars, to be approved by the governor; each deputy examiner in the sum of three thousand dollars, to be approved by the governor; and each field examiner in the sum of one thousand dollars, to be approved by the state examiner. 454 SCHOOL LAW OF INDIANA. 842. Definitions. 17. The term ' ' municipality, ' ' as used in this act, shall be construed to extend to, include and mean any county, township, city, town, school town, school town- ship, or school city in this state. The term "public office/' as used in this act, shall be construed to extend to, include and mean the office of any and every person who for or on behalf of the state or any municipality or any public service industry, holds, receives, disburses or keeps the accounts of the receipts and disbursements of any public funds. The term ' i public officer, ' ' as used in this act, shall be construed to extend to, include and mean any person who holds, re- ceives, disburses or is required by law to keep any account of public funds. The term l i public institution, ' ' as used in this act, shall be construed, to extend to, include and mean any institution or public service industry maintained in whole or in part at public expense or supported in whole or in part by appropriations or public funds or by taxation. The term "public service industries, " as used in this act, shall be construed to extend to, include and mean any and all public service industries owned either directly by the municipality or to the support of which the municipality contributes from public funds, or the capital stock of which the municipality may be the owner of any part, or the bonds of which may be owned or guaranteed by the municipality. 843. Bribe Offer or acceptance Penalty. 18. If any person shall give or offer to any state examiner, deputy ex- aminer, field examiner, clerk or other employe of the depart- ment of inspection and supervision of public offices, any money, gift, emolument, compensation or thing of value in order to influence the action of such examiner or other per- son in any matter pending in said department or in the mat- ter of the examination of any public account, or for the pur- pose of preventing or delaying the examination of any pub- lic account or for the purpose of influencing the action of such examiner or other person in framing, changing, with- holding or delaying any report of any examination of any public account, he shall, upon conviction thereof, be fined in any sum not more than five thousand dollars or shall be im SCHOOL LAW OF INDIANA. 455 prisoned in the state prison for not less than one year nor more than fourteen years, or both, and any state examiner, deputy examiner, field examiner, clerk or other employe of the department of inspection and supervision of public offices who shall receive or solicit any money, gift, emolu- ment, compensation or thing of value for the purpose of be- ing influenced in any matter pending in said department or in the matter of the examination of any public account, or for the purpose of being influenced to prevent or delay the examination of any public account or for the purpose of be- ing influenced to change, delay or withhold any report of the examination of any public account, shall, upon convic- tion thereof, be fined in any sum not more than five thousand dollars, or shall be imprisoned in the state prison for not less than one year nor more than fourteen years, or both. For the purpose of this section the term ''public account" shall be construed to extend to, include and mean any ac- count, the examination of which is provided for in this act. 844. Examinations without notice Penalty. 19. All examinations provided for in this act or made under or pur- suant to the provisions of this act shall be made without notice to the officers whose accounts are to be examined, and without notice to any clerk, deputy, employe or other per- son employed in or connected with the office or the business of such officer, and any person who shall give or cause to be given directly or indirectly any notice or knowledge of any proposed examination of any public account to the officer in charge of such account or to any other person other than as such notice or knowledge shall be communicated as between the state examiner, deputy examiners and field examiners, shall, upon conviction thereof, be fined in any sum not ex- ceeding five hundred dollars, or shall be imprisoned in the county jail for not less than six months, or both. 845. Books, records and forms. 20. No system for uni- form bookkeeping or any book, record or form which may hereafter adopted shall be copyrighted unless it shall be deemed expedient by the governor that a copyright be pro- 45() SCHOOL LAW OF INDIANA. cured in the name of the state; and, if any such copyright be procured, the acceptance by the state or by any munici- pality of any bid for printed supplies of any sort shall operate as a license from the state to the successful bidder to manufacture any such copyrighted books, records or forms included in such bid for public use without payment of royalty. All public books, records and stationery used in the offices for which examination is provided in this act, shall be purchased by the state, municipality or institution after the manner now provided by law. 846. When act in effect. 21. The uniform system of ac- counting and reporting and inspection provided therefor shall be installed as far as possible in all the offices referred to in this act, at the beginning of the next fiscal year of the municipality subsequent to the taking effect of this act. The examination provided for in this act under authority of the state examiner shall not extend back more than one year prior to the beginning of such fiscal year except on authority of the governor. 847. Officers Duties as to books, etc. Penalty. 22. It is hereby made the duty of the various officers of the state and its institutions and municipalities to adopt and use the books, forms, records and systems of accounting and report- ing that shall be adopted by the board of accounts, when di- rected so to do by said board, and all forms, books, and rec ords necessary thereto shall be purchased by said officers and in the manner now provided by law. Any officer or per- son who shall refuse to provide such books, forms, or rec- ords, or who shall fail or refuse to use them, or who shall fail or refuse to keep the accounts of his office as directed by said board as provided herein, shall be guilty of a misde- meanor, and upon conviction shall be fined not less than one hundred ($100) dollars and removed from such office. 848. Repeal. 23. All laws and parts of laws in conflict with this act are hereby repealed to the extent of such con- flict; provided, that the provisions of this act shall not be SCHOOL LAW Of INDIANA. 457 construed to relieve any officer of any duties now required by law of him with relation to the auditing of public ac- counts or the disbursement of public funds, but the provi- sions of this act shall be construed to be supplemental to all existing provisions of law safe-guarding the care and dis- bursement of public funds: And, provided further, That the provisions of this act shall not be construed to limit or curtail the power of the governor of the state, under exist- ing laws, to make examination or investigation of any pub- lic office or to require reports therefrom. [1911, p. 195. Approved March 3, 191U] 849. Field examiners Appointment Duty Compensa- tion. 1. The state examiner shall appoint assistants not exceeding such number as in the judgment of the governor, the auditor and the state examiner may be required to ad- minister the provisions of an act entitled "An act concern- ing public accounting and reporting and supervision there- of, and providing penalties for violation of this act," ap- proved March 4, 1909. Such assistants shall be known as "field examiners" and shall at all times be subject to the order and direction of the state examiner and shall be charged with the duty of inspecting and examining accounts of any officer, ex-officer, institution or municipality. Such field examiners shall be paid the sum of eight dollars per day for each day actually employed, and one railroad fare each way between their respective homes and the place of examination. A day under the provision of this act shall mean a period of eight hours of actual service rendered in the inspection or examination of the accounts of any officer, ex-officer, institution or municipality and no allowance shall be made for the time in traveling to and from the place of examination. No field examiner shall receive more than one per diem for work performed in any one day, and no other allowance shall be made to such field examiners other than that provided herein. 850. Reports of examinations Transmission to Attor- ney-General. 2. That on and after the taking effect of this 458 SCHOOL LAW OF INDIANA. aet, whenever the state examiner, under the act approved March 4, 1909, entitled "An act concerning public account- ing and reporting and supervision thereof, and providing penalties for violations of this act," shall have placed with the governor a report of the examination of the accounts or financial affairs of any public office, officer, ex-officer, mu- nicipality or institution in this state, showing malfeasance, misfeasance or non-feasance in any office on the part of any officer or employe, the governor shall transmit such report to the attorney-general of the State of Indiana. 851. Prosecutions By whom conducted. 3. Upon re ceipt of such report by the attorney-general, if the same have reference to any state office, officer, ex-officer or state institution, he shall institute and prosecute in the name of the State of Indiana as plaintiff, or in its name upon his re- lation, all such civil actions against such delinquent officer, or upon his bond or bonds, or both, which will secure to the state the recovery and return of any and all funds or prop- erty diverted, misappropriated or unaccounted for, and he shall bring such suit whenever the State of Indiana has any interest therein. If such report have reference to a public office, officer, ex-officer, municipality or institution, other than a state office, officer, ex-officer or institution, then the attorney-general shall transmit such report to the prosecut- ing attorney of the circuit in which such office, officer, ex- officer, municipality or institution is situated. 852. Prosecuting attorney Duties. 4. Upon receipt of such report by a prosecuting attorney, he shall, within thirty (30) days thereafter, institute and prosecute to final termi- nation, all such civil actions against the delinquent officer or ex-officer or upon his official bond or bonds, or both, which will secure to the proper municipality the recovery of any and all funds misappropriated, diverted or unaccounted for, and the attorney-general of this state is charged with the duty of seeing that such prosecuting attorney does institute and prosecute to final termination, all such actions, and it is made his duty in the event of neglect or delay, or upon the SCHOOL LAW OF INDIANA. 459 order of the governor, to appear and assist in such prosecu- tion. And when he appears, the attorney- general may take full control and management of the case, and take all steps therein that might be taken by a plaintiff or relator. Such prosecuting attorney shall report to the attorney-general the progress made in such prosecution and of its final de- termination in court. It is further provided that the gover- nor may direct the prosecuting attorney to institute action at once, or if the governor direct him to delay instituting such action, he shall so delay until such time as the gover- nor shall direct him to proceed, and the governor's orders shall be sufficient excuse from the prosecuting attorney to the attorney-general for his failure to proceed. 853. Plaintiffs in prosecutions Judgment. 5. The plain- tiff, or in case of an action on official bond or bonds the re- lator, in whose name the prosecuting attorney shall prose- cute actions required by this act, shall be the corporate name of the municipality whose funds have been diverted, mis- appropriated, or unaccounted for. In an action against a township trustee, or ex-township trustee or upon his official bond, both the civil and school corporations may be named ns plaintiff or relator in the same action, and recovery shall be had for the aggregate amount due both corporations, but !he court or jury trying the cause shall in the finding or ver- dict, state the amount due each corporation. In an action where a board of commissioners is plaintiff or relator, the plaintiff shall be entitled to recover against the delinquent officer, or ex-officer or upon his official bond or bonds, all such amounts as would be recoverable uno!er the laws of this state, other than this act, in any or all actions by or upon the relation of the board of commissioners or by or upon the relation of any county officer or other person au- thorized to sue for or on behalf of the county for its funds or for any funds of which it is the custodian and with which it is chargeable; and in case any part of the funds so recov- ered is school funds, the court or jury trying the cause shall find and state the amount thereof. In any action provided for in this act, the plaintff shall be entitled to recover, in 460 SCHOOL LAW OF INDIANA. addition to the amount misappropriated, diverted or unac- counted for, all such penalties and interest as might he re- coverable under laws other than this act. 854. Pending actions Prosecutor's duties. 6. The prosecuting attorney of each judicial circuit shall, upon the taking effect of this act, take charge of and prosecute all actions which may then he pending in any of the trial courts of this state, to recover in favor of any municipality in his circuit, funds diverted, misappropriated or unaccounted for, by any officer, or ex-officer instituted by the attorney- general of the state or on his relation; and such prosecuting attorney shall keep the attorney-general advised of the prog- ress of said suits as in section 4 of this act provided; and it shall be the duty of the attorney-general, upon his own motion, or upon order of the governor, to enter his appear- ance and assist in said prosecution, if the same be un- reasonably delayed, and may take full management and control thereof as provided in section 4 hereof. 855. Prosecutor's fees. 7. For the services rendered by any prosecuting attorney in any cause, as required in this act, there shall be paid to him out of the funds of the municipality on whose behalf the action was brought and prosecuted, other than school funds, a sum equal to ten per cent. (10%) of the amount recovered and collected, if the same does not exceed the sum of five hundred dollars ($500.00). If the amount recovered and collected exceeds five hundred dollars ($500.00), then he shall be paid in ad- dition to said ten per cent. (10%), five per cent. (5%) of the amount recovered in excess of five hundred dollars ($500.00) up to fifteen hundred dollars ($1,500.00), and two and one-half per cent. (2J%) on the excess over fifteen hun- dred dollars ($1,500.00). 856. Compromise by prosecutor Consent of examiners. 8. The prosecuting attorney, by and with the consent and approval of the state examiner and the deputy examiners, shall have power to compromise and adjust any action SCHOOL LAW OF INDIANA. 461 brought by him as required in this act. In all cases where any money comes into his hands he shall immediately pay the same into the treasury of the municipality to which it belongs, and to distribute the same among the proper funds. 857. Findings of examiners Notice Hearing Settle- ment Publicity. 9. When an examination, as provided for by the act of the general assembly of 1909, above mentioned, shall have been made, which discloses malfeasance, misfeas- ance, or non-feasance upon the part of any officer or ex-offi- cer or employe, four (4) copies of the report of such exam- ination, duly verified, shall be filed in the office of the state examiner. The contents of such report or results of such examination, shall not be made public earlier than thirty (30) days after the notice provided for in this section. Upon the filing of such copies of such report in the office of the state examiner, he shall give notice thereof to the officer or ex-officer shown therein to be delinquent, to which notice shall be attached a copy of such report. It shall be a suffi- cient giving of such notice if the same be mailed in the United States mail by registered mail, properly stamped and addressed to the postoffice address of the officer or ex- officer. After such notice, the state examiner shall give such officer or ex-officer an opportunity at such time and place as the state examiner may fix within such thirty (30) days, to go over such report with the examiners and make explanations of matters therein, and adjust and correct the same in any particular or particulars in which it may be found erroneous; and in the event the state examiner and the two deputy examiners, or any two of them, shall agree with the officer or ex-officer upon the amount of money that said officer or ex-officer is actually indebted to such town- ship, county, state, municipality or institution, then said examiners are hereby authorized to make settlement with such officer or ex-officer, and then such officer or ex-officer shall within thirty (30) days thereafter, pay to said exam- iners the amount of money agreed upon, and the said ex- aminers shall within thirty (30) days, pay the same into the proper funds of the municipality to which it belongs. 462 SCHOOL LAW OF INDIANA. If within such thirty (30) days thereafter such officer or ex- officer shall pay or cause to be paid to such examiners the amount of his delinquency agreed upon, if any, such report shall not be made public, except upon order of the state board of accounts; but shall remain on file in the office of the state examiner, unless the state board of accounts or- ders copies filed in the office examined, and with the audit- ing board of the municipality whose office was examined, in which case they shall be so filed. On the other hand, if such delinquency shall not be so paid, within such thirty (30) days, then one copy of such report shall by the state examiner be filed in the office of the institution examined, one copy with the auditing department of the municipality examined, and one with the governor, to be by him trans- mitted to the attorney-general or prosecuting attorney and proceeded upon as above provided in this act. If any of the examiners, or field examiners, make known or give out for publication, the contents of any examination of any offi- cer or ex-officer otherwise than is provided in this act, he shall be removed from office. 858. Trial Sole question Evidence. 10. In cases in- stituted or prosecuted by the attorney- general or by the prosecuting attorney, as provided for in this act, it shall not be necessary for the plaintiff to allege or to prove, on the trial, that the report of the examiner involved has been transmitted by the governor to the attorney-general or the prosecuting attorney, as the case may be, or that any step touching such examination or report thereof, previous to such transmission has been taken; neither shall the fact that such transmission has not taken place, or that any other step has not taken place which, under the provisions of this act or any other law should have taken place, touch- ing such report or examination, constitute a defense to the action or a cause for abatement thereof. On such a trial the sole question shall be the status of the accounts between the parties litigant, and their rights under the law, re- gardless of what steps have been previously taken or omitted in the premises: Provided, however, That no suit SCHOOL LAW OF INDIANA. 463 shall be instituted against any officer or ex-officer until the expiration of the time for service of notice, and the time given to pay delinquency, if any: And, provided further, That in any suit so brought, the reports of the field exam- iners shall be used in accordance with the rules of evidence as is now provided in other civil cases. 859. Remedies cumulative. 11. The remedies provided for in this act are cumulative and this act shall not be con- strued as repealing other statutes or abridging the rights of other officers to sue on the behalf of municipalities, except to the extent that where a prosecuting attorney has brought an action as required by this act, no other action shall be brought on behalf of the municipality for the same thing while such action brought by the prosecuting attorney is pending. 860. Appeal Duties of attorney-general. 12. In all actions brought by any prosecuting attorney, under the pro- visions of this act, which may be appealed to the supreme or appellate courts, the attorney-general may, and upon the order of the governor, shall, appear on behalf of the party who was the plaintiff in such action. 464 SCHOOL LAW OF INDIANA. CHAPTER XXIX. TEACHERS' INSTITUTES. SBC. 861. Township institutes. 862. Teacher's institutes Expenses. 863. Schdols closed. 864. Sessions. [1889, p. 67. Approved March 2, 1889.] 861. Township institutes. 9. At least one Saturday in each month during which the public schools may be in progress shall be devoted to township institutes, or model schools for the improvement of teachers; and two Satur- days may be appropriated, at the discretion of the township trustee of any township. Such institute shall be presided over by a teacher, or other person, designated by the trus- tee of the township. The township trustee shall specify, in a written contract with each teacher, that such teacher shall attend the full session of each institute contemplated herein, or forfeit one day's wages for every day's absence therefrom, unless such absence shall be occasioned by sick- ness, or such other reason as may be approved by the town- ship trustee, and for each day's attendance at such institute each teacher shall receive, the same wages as for one day 's teaching: Provided, That no teacher shall receive such wages unless he or she shall attend the full session of such institute and perform the duty or duties assigned. (R. S.. 1908, 6637.) 1. A trustee failing to comply with the above is subject to prosecu- tion and removal from office. 2. TEACHERS MUST TAKE PART. The object of this institute is the im- provement of the teachers of the township. It seems to me that all the powers necessary to carry out tfris. object are by commo'n law conferred upon the persons managing the institute. The object of the institute will utterly fail unless the teachers attending take part in the exercises. I think, therefore, the contract which the trustee makes with the teachers, in relation to township institutes, necessarily requires the teachers to per- form such reasonable exercises and duties as may be assigned- to them. Indeed, the statute provides that the trustee may designate one of the S(U()OL LAW OF INDIANA. 465 teachers to preside over the township institute. I am of the opinion that the mere presence of a teacher at a township institute does not fill the re- quirements of the law. LICENSE MAY BE REVOKED FOB FAILURE TO ATTEND INSTITUTE. Teachers are required to attend township institutes, and for neglect thereof their licenses may be revoked. Stone v. Fritts, 169 Ind. 361. 11907, p. 76. Approved February 25. 1907.] 862. Teachers' institutes Expenses. 1. There shall be Jield in each county in Indiana, in each year, for five successive days, a teachers' institute, and that for the pur- pose of defraying the expenses of such institute the county auditor shall annually draw his warrant in favor of the county superintendent on the county treasurer for $100.00. All laws and parts of laws in conflict herewith are. hereby repealed. (E. S. 1908, 6641.) 1. SUPERINTENDENT'S DUTY AND PAY. Such an institute as is contem- plated by the law is not a voluntary association, but a teachers' meeting, at the head of which is the county superintendent. He, therefore, has no right to surrender it into the hands of an incompetent director, nor to permit a course of procedure by any one, or by the institute itself, by which time shall be wasted or unsatisfactory work done. The teachers are there to be instructed, and the superintendent must necessarily take the responsibility of the institute upon himself. The money which the audi- tor is nuthori/ed to pay is to defray the expenses of the institute exclu- sive of the per diem of the superintendent, whose compensation must be obtained in the usual way. He is also entitled to his per diem for rea- sonable services in making preparations for the institute. 863. Schools closed. 160. When any such institute is in session, the common schools of the county in which said institute shall be held shall be closed. (E. S. 1908, 6639.; 864. Sessions. 161. The several county superintendents are hereby required, as a part of their duty, to hold, or cause to be held, such teachers' institutes at least once in each year in their respective counties. (B. S. 1908, 6640.) [3027277] 466 SCHOOL LAW <)F INDIANA. Suggested forms : PETITION TO CHANGE SITE OF SCHOOL HOUSE. State of Indiana 1 County of J S , . Superintendent of Schools for said county : The undersigned, who are residents of School District No .... of Township of said County and patrons of the school heretofore and hitherto held in the school house of said School District No . . . . , herein peti- tion and ask that the said school house now located in in said County be removed to and located upon a site in said County, and, if it be found necessary to build a new school house in the said district, that it be located upon the new site as de- scribed above. As reasons for the change of site of this school hous? in the said District No , we would respectfully state that We therefore ask that an order be made authorizing the school trustee of said township to make the change herein proposed and as above described, as we will ever pray. Township Trustee. Patrons. SCHOOL LAW OF IXDIANA. 467 AFFIDAVIT OF TRUSTEE CONCERNING CONTENTS OF PETITION TO CHANGE SITE OF SCHOOL HOUSE. State of Indiana County of lawful age, being duly sworn, on his oath states that he is now the duly and legally qualified and acting trustee of Township in said County and ex-officio the trustee of the M'liool township of the said Township; that he is familiar with the enumeration of the children of school age that reside within the limits of the present School District No .... ( . . ) of said township and all tho patrons of the school in said district, and he states that the attached and foregoing petition for the change in the loca- tion of the school house in said district is signed by a ma- jority of the said patrons of said school which has hitherto been held at the location described in the petition and the several signatures thereto are all genuine, and the said pe- tition is the prayer and request of a majority of said pa- trons, and further saith not. Township Trustee. and sworn to before me this day f , A. D. 19.. Notary Public. My commission expires 468 SCHOOL LAW OF INDIANA. PUBLIC NOTICE OF HEARING. Notice is hereby given that a petition has been filed with the County Superintendent of the Public Schools of County, State of Indiana, praying that the present site of the school house in District No .... ( . . ) of Township be changed to a site on in said township, county, and said petition will be presented to said County Superintendent at his office on , 191 . . , at . Trustee of Township, County. AFFIDAVIT OF TRUSTEE CONCERNING POSTING OF NOTICES. State of Indiana County , upon his oath, says that he posted up the above notice in writing at five public places within Township, of said county, three of which were in the immediate neighborhood from where said school house is to be moved, at least twenty days prior to the time when the same is to be heard by said County Super in ten dent. Trustee of Township. Subscribed and sworn to before me, the undersigned, a Notarv Public, the .day of , 191 .. Notary Public. My commission expires SCHOOL LAW OF INDIANA. 469 ORDER OF COUNTY SUPERINTENDENT FOR CHANG- ING SITE OF SCHOOL HOUSE. State of Indiana County To Township Trustee of Town- ship, County, State of Indiana: Whereas, On , 19. ., a petition was filed in this office asking that the school house in District No .... of Township be removed to and located upon the following site: And, Whereas, After hearing evidence in the above cause at my office on , 19 . . , at the hour of , 1 find that said petition is in proper form, that legal notice has been given, that a majority of the patrons of the above named School District No of Township, County, State of Indiana, have signed said pe- tition, together with the trustee of said Town- ship, and I further find that all the matters set forth in the said petition are true. Now, therefore, it is ordered and the trustee of said Township is hereby instructed to remove said school house from its present site to the loca- tion described above ; or, if it be found necessary to erect a new school house, he is hereby instructed to cause the same to be erected upon the proposed new location as described above. Witness my hand and the seal of this office this day of , 19. . County Superintendent of Schools for County. APPENDIX CONSTITUTION OF THE STATE OF INDIANA 1851 HISTORICAL SKETCH By an act of congress, dated April 19, 1816, the inhabi- tants of the territory of Indiana were authorized to form for themselves a constitution and state government, which state, when formed, should be admitted into the union upon the same footing with the original states. Under this act, the members of the convention were elected on the second Monday of May, 1816, met in conven- tion, at Corydon, on the second Monday of June, 1816, and proceeded at once to form the constitution, by the authority of congress, without an ordinance of the territory. The constitution was completed on the twenty-ninth of June, 1816, unanimously adopted by the members of the convention forty-three in number, and signed by all ex- cept one member from Clark county and one member from Warrick county. The constitution went into effect upon its adoption by the members of the convention which formed it. The first session of the general assembly, held by its authority, met at Corydon on the first Monday of Novem- ber, 1816. The constitution of 1816 remained in force, without amendment, until the first day of November, 1851. An act was passed January 15, 1849, "to provide for taking the sense of the qualified voters of the state on the calling of a convention to alter, amend, or revise the con- (471) 472 APPENDIX. stitution of this state. " At an election held under author- ity of this act a large majority of all the votes cast was iii favor of holding the convention. On the 18th day of January, 1850, the legislature passed an act to provide for a convention of the people of the state of Indiana, "to revise, amend, or alter the constitu- tion of said state." By the authority of this act delegates were elected. They assembled in convention at the capitol, in the city of Indianapolis, on the first Monday in October, 1850, and completed their labors on the 10th day of Febru- ary, 1851. This constitution was ratified by the votes of the people. The first amendment to this constitution was ratified February 18, 1873, and related to the Wabash and Erie canal. Other amendments were adopted March 14, 1881. PREAMBLE. To the end that justice be established, public order main- tained, and liberty perpetuated: We, the people of the state of Indiana, grateful to Almighty God for the free exercise of the right to choose our own form of govern- ment, do ordain this constitution. ARTICLE I. BILL OF BIGHTS. Section 1. We declare that all men are created equal; that they are endowed by their creator with certain unalien- able rights ; that among these are life, liberty, and the pur- suit of happiness ; that all power is inherent in the people ; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety, and well being. For the advancement of these ends, the people have at all times an indefeasible right to alter and reform their government. Sec. 2. All men shall be secured in their natural right to worship Almighty God according to the dictates of their own consciences. roXsTrrrrrox OF TTIK STATE. 473 Sec. 3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or inter- fere with the rights of conscience. Sec. 4. No preference shall be given, by law, to any creed, religious society or mode of worship; and no man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. Sec. 5. No religious test shall be required as a qualifica- tion for any office of trust or profit. Sec. 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution. Sec. 7. No person shall be rendered incompetent as a witness, in consequence of his opinion on matters of re- ligion. Sec. 8. The mode of administering an oath or affirma- tion shall be such as may be most consistent with, and bind- ing upon, the conscience of the person to whom such oath or affirmation may be administered. Sec. 9. No law shall be passed restraining the free in- terchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever'; but for the abuse of that right every person shall be re- sponsible. Sec. 10. In all prosecutions for libel, the truth of the matters alleged to be libelous may be given in justification. Sec. 11. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable search or seizure shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or af- firmation, and particularly describing the place to be searched, and the person or thing to be seized. Sec. 12. All courts shall be open; and every man, for injury done to him, in his person, property or reputation, shall have remedy by due course of law. Justice shall be administered freely and without purchase; completely, and without denial ; speedily^ and without delay. 474 APPENDIX. Sec. 13. In all criminal prosecutions the accused shall have the right to a public trial, by an impartial jury in the county in which the offense shall have been committed; to be heard by himself and counsel ; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witness face to face, and to have com- pulsory process for obtaining witnesses in his favor. Sec. 14. No person shall be put in jeopardy twice for the same offense. No person, in any criminal prosecution, shall be compelled to testify against himself. Sec. 15. No person arrested, or confined in jail, shall be treated with unnecessary rigor. Sec. 16. Excessive bail shall not be required. Exces- sive fines shall not be imposed. Cruel and unusual punish- ment shall not be inflicted. All penalties shall be propor- tioned to the nature of the offense.. Sec. 17. Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable when the proof is evident, or the presump- tion strong. Sec. 18. The penal code shall be founded on the princi- ples of reformation, and not of vindictive justice. Sec. 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts. Sec. 20. In all civil cases the right of trial by jury shall remain inviolate. Sec. 21. No man's particular services shall be demanded without just compensation. No man's property shall be taken by law without just compensation ; nor, except in case of the state, without such compensation first assessed and tendered. Sec. 22. The privilege of the debtor to enjoy the neces- sary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted; and there shall be no imprisonment for debt, except in case of fraud. CONSTITUTION OF THE STATE. 475 Sec. 23. The general assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citi- zens. Sec. 24. No ex post facto law, or law impairing the obligation of contract, shall ever be passed. Sec. 25. No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this constitution. Sec. 26. The operation of the laws shall never be sus- pended, except by the authority of the general assembly. Sec. 27. The privileges of the writ of habeas corpus shall not be suspended, except in case of rebellion or inva- sion, and then only if the public safety demand it. Sec. 28. Treason against the state shall consist only in levying war against it, and giving aid and comfort to its enemies. Sec. 29. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or upon his confession in open court. Sec. 30. No conviction shall work corruption of blood or forfeiture of estate. Sec. 31. No law shall restrain any of the inhabitants of the state from assembling together, in a peaceable manner, to consult for their common good; nor from instructing their representatives ; nor from applying to the general as- sembly for redress of grievances. Sec. 32. The people shall have a right to bear arms for the defense of themselves and the state. Sec. 33. The military shall be kept in strict subordina- tion to the civil power. Sec. 34. No soidier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war but in a manner to be prescribed by law. Sec. 35. The general assembly shall not grant any title of nobility, nor confer hereditary distinctions. 476 APPENDIX. Sec. 36. Emigration from the state shall not be pro- hibited. Sec. 37. There shall be neither slavery nor involuntary servitude, within the state, otherwise than for the punish- ment of crime, whereof the party shall have been duly con- victed. No indenture of any negro or mulatto, made or executed out of the bounds of the state, shall be valid within the state. ARTICLE II. SUFFRAGE AND ELECTION. Section 1. All elections shall be free and equal. Sec. 2. In all elections not otherwise provided for by this constitution, every male citizen of the United States, of the age of twenty-one years and upwards, who shall have resided in the state during the six months, and in the town- ship sixty days, and in the ward or precinct thirty days im- mediately preceding such election; and every male of for- eign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this state during the six months, and in the township sixty days, and in the ward or precinct thirty days, immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside, if he shall have been duly registered according to law. .Sec. 3. No soldier, seaman or marine, in the army or navy of the United States, or their allies, shall be deemed to have acquired a residence in this state in consequence of having been stationed within the same; nor shall any such soldier, seaman or marine, have the right to vote. Sec. 4. No person shall be deemed to have lost his resi- dence in the state by reason of his absence either on busi- ,ness of the state or of the United States. :Sec. 5. [Stricken out by constitutional amendment of March 24, 1881.] CONSTITUTION OF THE STATE. 477 Sec. G. Every person shall be disqualified from holding- office during the term for which he may have been elected, who shall have given or offered a bribe, threat or reward to procure his election. Sec. 7. Every person who shall give or accept a chal- lenge to fight a duel, or who shall knowingly carry to an- other person such challenge, or who shall agree to go out of the state to fight a duel, shall be ineligible to any office of trust or profit. Sec. 8. The general assembly shall have power to de- prive" of the right of suffrage, and to render ineligible any person convicted of an infamous crime. Sec. 9. No person holding a lucrative office or appoint- ment-, under the United States, or under this state, shall be eligible to a seat in the general assembly; nor shall any person hold more than one lucrative office at the same time, except as in this constitution expressly permitted: Pro- vided, That offices in the militia, to which there is attached no annual salary, and the office of deputy' postmaster, where the compensation does not exceed ninety dollars per annum, shall not be deemed lucrative: And provided, also, That counties containing less than one thousand polls may confer the office of clerk, recorder and auditor, or any two of said offices, upon the same person. Sec. 10. No person who may hereafter be a collector or holder of public moneys, shall be eligible to any office of trust or profit until he shall have accounted for and paid over, according to law, all sums for which he may be liable. Sec. 11. In all cases in which it is provided that an office shall not be filled by the same person more than a certain number of years continuously, an appointment pro tempore shall not be reckoned a part of that term. Sec. 12. In all cases, except treason, felony and breach of the peace, electors shall be free from arrest in going to elections, during their attendance there, and in returning from the same. 478 APPENDIX. Sec. 13. All elections by the people shall be by ballot; and all elections by the general assembly, or by either branch thereof, shall be viva voce. Sec. 14. All general elections shall be held on the first Tuesday after the first Monday in November; but township elections may be held at such time as may be provided by law: Provided, That the general assembly may provide by law for the election of all judges of courts of general or appellate jurisdiction, by an election to be held for such officers only, at which time no other officer shall be voted for; and shall also provide for the registration of all per- sons entitled to vote. ARTICLE III. DISTRIBUTION OF POWERS. Section 1. The powers of the government are divided into three separate departments : the legislative, the execu- tive (including the administrative), and the judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another except as in this constitution expressly provided. ARTICLE IV. LEGISLATIVE. Section 1. The legislative authority of the state shall be vested in a general assembly, which shall consist of a sen- ate and house of representatives. The style of every law shall be, "Be it enacted by the general assembly of the state of Indiana;" and no law shall be enacted except by bill. Sec. 2. The senate shall not exceed fifty, nor the house of representatives one hundred members; and they shall be chosen by the electors of the respective counties or dis- tricts into which the state may, from time to time, be di- vided. Sec. 3. Senators shall be elected for the term of four years, and representatives for the term of two years, from CONSTITUTION OF THE STATE. 479 the day next after their general election : Provided, how- ever, That the senators elect, at the second meeting of the general assembly under this constitution, shall be divided, by lot, into two equal classes, as nearly as may be ; and the seats of senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years; so that one-half, as nearly as possible, shall be chosen biennially forever thereafter. And in case of increase in the number of senators, they shall be so annexed by lot, to the one or the other of. the two classes, as to keep them as nearly equal as practicable. Sec. 4. The general assembly shall, at its second ses- sion after the adoption of this constitution, and every sixth year thereafter, cause an enumeration to be made of all the male inhabitants over the age of twenty-one years. Sec. 5. The number of senators and representatives shall, at the session next following each period of making such enumeration, be fixed by law, and apportioned among the several counties, according, to the number of male in- habitants, above twenty-one years of age, in each: Pro- vided, That the first and second elections of members of the general assembly, under this constitution, shall be accord- ing to the apportionment last made by the general assem- bly before the adoption of this constitution. Sec. 6. A senatorial or representative district, where more than one county shall constitute a district, shall be composed of contiguous counties ; and no county, for sena- torial apportionment, shall ever be divided. Sec. 7. No person shall be a senator or a representative, who, at the time of his election, is not a citizen of the United States; nor any one who has not been, for two years ne'xt preceding his election, an inhabitant of this state, and for one year next preceding his election, an in- habitant of the county or district whence he may be chosen. Senators shall be at least twenty-five, and representatives at least twenty-one years of age. 480 APPENDIX. Sec. 8. Senators and representatives, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same ; and shall not be subject to any civil process during the session of the gen- eral assembly, nor during the fifteen days next before the- commencement thereof. For any speech or debate in either house, a member shall not be questioned in any other place. Sec. 9. The sessions of the general assembly shall be held biennially, at the capital of the state, commencing on the Thursday next after the first Monday of January, in the year one thousand eight hundred and fifty-three, and on the same day of every second year thereafter, unless a dif- ferent day or place shall have been appointed by law. But if, in the opinion of the governor, the public welfare shall require it, he may, at any time, by proclamation call a spe- cial session. Sec. 10. Each house, when assembled, shall choose its own officers (the president .of the senate excepted), judge the elections, qualifications and returns of its own mem- bers, determine its rules of proceeding, and sit upon its own adjournment. But neither house shall, without the consent of the other, adjourn for more than three days, nor to any place other than that in which it may be sitting. Sec. 11. Two-thirds of each house shall constitute a quorum to do business ; but a smaller number may meet, ad- journ from day to day, and compel the attendance of absent members. A quorum being in attendance, if either house fail to effect an organization within the first five days there- after, the members of the house so failing shall be entitled to no compensation from the end of the said five days, until an organization shall have been effected. Sec. 12. Each house shall keep a journal of its proceed- ings, and publish the same. The yeas and nays, on any question, shall, at the request of any two members, be en- tered, together with the names of the members demanding CONSTITUTION OF THE STATE. 481 the same, on the journal : Provided, That on a motion to adjourn, it shall require one-tenth of the members present to order the yeas and nays. Sec. 13. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of either house, may require secrecy. Sec. 14. Either house may punish its members for dis- orderly behavior, and may, with the concurrence of two- thirds, expel a member; but not a second time for the same cause. Sec. 15. Either house, during its session, may punish, by imprisonment, any person not a member, who shall have been guilty of disrespect to the house, by disorderly or con- temptuous behavior in its presence ; but such imprisonment shall not, at any time, exceed twenty-four hours. Sec. 16. Each house shall have all powers necessary for a branch of the legislative department of a free and in- dependent state. Sec. 17. Bills may originate in either house, but may be amended or rejected in the other, except that bills for rais- ing revenue shall originate in the house of representatives. Sec. 18. Every bill shall be read by sections, on three several days in each house; unless, in case of emergency, two -thirds of the house where such bill may be depending shall, by a vote of yeas and nays, deem it expedient to dis- pense with this rule; but the reading of a bill by sections, on its final passage, shall in no case be dispensed with; and the vote on the passage of every bill or joint resolution shall be taken by yeas and nays. Sec. 19. Every act shall embrace Ibut one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be em- braced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title. [.", 1272771 482 APPENDIX. Sec. 20. Every act and joint resolution shall be plainly worded, avoiding, as far as practicable, the use of technical terms. Sec. 21. No act shall ever be revised or amended by mere reference to its title; but the act revised, or section amended, shall be set forth and published at full length. Sec. 22. The general assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: Eegulating the jurisdiction and duties of justices of the peace and of constables ; For the punishment of crimes and misdemeanors ; Regulating the practice in courts of justice; Providing for changing the venue in civil and criminal cases ; Granting divorces; Changing the names of persons; For laying out, opening and working on, highways, and for the election or appointment of supervisors ; . Vacating roads, town plats, streets, alleys and public squares ; Summoning and impaneling grand and petit juries, and providing for their compensation ; Eegulating county and township business ; Eegulating the election of county and township officers, and their compensation; For the assessment and collection of taxes for state, county, township or*road purposes; Providing for supporting common schools, and for the preservation of school funds ; In relation to fees or salaries ; except that the laws may be so made as to grade the compensation of officers in pro- portion to the population and the necessary services re- quired ; CONSTITUTION OF THE STATE. 483 In relation to interest on money ; Providing for opening and conducting elections of state, county or township officers, and designating the places of voting ; Providing for the sale of real estate belonging to minors, or other persons laboring under legal disabilities, by execu- tors, administrators, guardians or trustees. Sec. 23. In all the cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general and of uniform operation throughout the state. Sec. 24. Provisions may be made by general law, for bringing suits against the state, as to all liabilities originat- ing after the adoption of this constitution; but no special act authorizing such suit to be brought, or making compen- sation to any person claiming damages against the state, shall ever be passed. Sec. 25. A majority of all the members elected to each house shall be necessary to pass every bill or joint resolu- tion; and all bills and joint resolutions so passed shall be signed by the presiding officers of the respective houses. Sec. 26. Any member of either house shall have the right to protest, and to have his protest, with his reasons for dissent, entered on the journal. Sec. 27. Every statute shall be a public law, unless otherwise declared in the statute itself. Sec. 28. No act shall take effect until the same shall have been published and circulated in the several counties of this state, by authority, except in case of emergency; which emergency shall be declared in the preamble or in the body of the law. Sec. 29. The members of the general assembly shall re- ceive for their services a compensation, to be fixed by law; but no increase of compensation shall take effect during the session at which such increase may be made. No ses- 484 APPENDIX. sion of the general assembly, except the first under this constitution, shall extend beyond the term of sixty-one days, nor any special session beyond the term of forty days. Sec. 30. No senator or representative shall, during the term for which he may have been elected, be eligible to any office, the election to which is vested in the general assem- bly, nor shall he be. appointed to any civil office of profit, which shall have been created, or the emoluments of which shall have been increased, during such term; but this lat- ter provision shall not be construed to apply to any office elective by the people. ARTICLE V. EXECUTIVE. Section 1. The executive powers of the state shall be vested in a governor. He shall hold his office during four years, and shall not be eligible more than four years in any period of eight years. Sec. 2. There shall be a lieutenant-governor, who shall hold his office during four years. Sec. 3. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the general assembly. Sec. 4. In voting for governor and lieutenant-governor the electors shall designate for whom they vote as gov- ernor, and for whom as lieutenant-governor. The returns of every election for governor and lieutenant-governor shall be sealed up and transmitted to the seat of government, di- rected to the speaker of the house of representatives, who shall open and publish them in the presence of both houses of the general assembly. Sec. 5. The persons, respectively, having the highest number of votes for governor and lieutenant-governor, shall be elected ; but in case two or more persons shall have an equal and the highest number of votes for either office, the general assembly shall, by joint vote, forthwith pro- ceed to elect one of the said persons governor or lieutenant- governor, as the case may be. CONSTITUTION OF THE STATE. 485 Sec. 6. Contested elections for governor or lieutenant- governor shall be determined by the general assembly, in such manner as may be prescribed by law. Sec. 7. No person shall be eligible to the office of gov- ernor or lieutenant-governor, who shall not have been five years a citizen of the United States, and also a resident of the state of Indiana during the five years next preceding his election ; nor shall any person be eligible to either of the said offices who shall not have attained the age of thirty years. Sec. 8. No member of congress, or person holding any office under the United States, or under this state, shall fill the office of governor or lieutenant-governor. Sec. 9. The official term of the governor or lieutenant- governor shall commence on the second Monday of Janu- ary, in the year one thousand, eight hundred and fifty-three ; and on the same day every fourth year thereafter. Sec. 10. In case of the removal of the governor from office, or of his death, resignation or inability to discharge the duties of the office, the same shall devolve on the lieu- tenant-governor; and the general assembly shall, by law, provide for the case of removal from office, death, resig- nation, or inability, both of the governor and lieutenant- governor, declaring what officer then shall act as governor ; and such officer shall act accordingly until the disability be removed or a governor be elected. Sec. 11. Whenever the lieutenant-governor shall act as governor, or shall be unable to attend as president of the senate, the senate shall elect one of its own members as president for the occasion. Sec. 12. The governor shall be commander-in-chief of the military and naval forces, and may call out such forces to execute the laws, or to suppress insurrection, or to repel invasion. Sec. 13. He shall, from time to time, give to the general assembly information touching the condition of the state, and recommend such measures as he shall judge to be ex- pedient. 486 APPENDIX. Sec. 14. Every bill which shall have passed the general assembly shall be presented to the governor ; if he approve, he shall sign it, but if not, he shall return it, with his ob- jections, to the house in which it shall have originated, which house shall enter the objections at large upon its journals and proceed to reconsider the bill. If, after such reconsideration, a majority of all the members elected to that house shall agree to pass the bill, it shall be sent, with the governor's objections, to the other house, by which it shall likewise be reconsidered, and if approved by a ma- jority of all the members elected to that house, it shall be a law. If any bill shall not be returned by the governor within three days, Sundays excepted, after it shall have been presented to him, it shall be a law without his signa- ture, unless the general adjournment shall prevent its re- turn, in which case it shall be a law unless the governor, within five days next after such adjournment, shall file such bill, with his objections thereto, in the office of the secretary of state, who shall lay the same before the general assembly at its next session in like manner as if it had been returned by the governor. But no bill shall be presented to the gov- ernor within two days next previous to the final adjourn- ment of the general assembly. Sec. 15. The governor shall transact all necessary busi- ness with the officers of government, and may require any information in writing from the officers of the adminis- trative department, upon any subject relating to the duties of their respective offices. Sec. 16. He shall take care that the laws be faithfully executed. Sec. 17. He shall have the power to grant 'reprieves, commutations and pardons, after conviction, for all offenses except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execution of ihe sentence until the case shall be reported to the general assembly at its next meeting, when the general assembly CONSTITUTION OF THE STATE. 487 shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law, and shall report to the general assembly, at its next meeting, each case of reprieve, commutation, or pardon granted, and also the names of all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted: Provided, however, That the general assembly may, by law, constitute a council, to be composed of officers of state, without whose advice and consent the governor shall not have power to grant pardons, in any case, except such as may, by law, be left to his sole power. Sec. 18. When, during a recess of the general assembly, a vacancy shall happen in any office, the appointment to which is vested in the general assembly, or when, at any time, a vacancy shall have occurred in any other state office, or in the office of judge of any court, the governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified. Sec. 19. He shall issue writs of election to fill such va- cancies as may have occurred in the general assembly. Sec. 20. Should the seat of government become danger- ous from disease or a common enemy, he may convene the general assembly at any other place. Sec. 21. The lieutenant-governor shall, by virtue of his office, be president of the senate, have a right, when in committee of the whole, to join in debate, and to vote on all subjects, and, whenever the senate shall be equally divided, he shall give the casting vote. Sec. 22. The governor shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the term for which he shall have been elected. Sec. 23. The lieutenant-governor, while he shall act as president of the senate, shall receive for his services the same compensation as the speaker of the house of repro- 488 APPENDIX. sentatives; and any person acting as governor shall re- ceive the compensation attached to the office of governor. Sec. 24. Neither the governor nor lieutenant-governor shall he eligible to any other office during the term for which he shall have heen elected. ARTICLE VI. ADMINISTRATIVE. Section 1. There shall he elected by the voters of the state, a secretary, an auditor, and a treasurer of state, who shall severally hold their offices for two years. They shall perform such duties as may he enjoined by law; and no person shall be eligible to either of said offices more than four years in any period of six years. Sec. 2. There shall be elected in each county, by the voters thereof, at the time of holding general elections, a clerk of the circuit court, auditor, recorder, treasurer, sher- iff, coroner and surveyor. The clerk, auditor and recorder shall continue in office four years; and no person shall be eligible to the office of clerk, recorder or auditor more than eight years in any period of twelve years. The treasurer, sheriff, coroner and surveyor, shall continue in office two years; and no person shall be eligible to the office of treas- urer or sheriff more than four years in any period of six years. Sec. 3. Such other county and township officers as may be necessary, shall be elected or appointed, in such manner as may be prescribed by law. Sec. 4. No person shall be elected or appointed as a county officer, who shall not be an elector of the county; nor any one who shall not have been an inhabitant thereof during one year next preceding his appointment, if the county shall have been so long organized ; but if the county shall not have been so long organized, then within the limits of the county or counties out of which the same shall have been taken. CONSTITUTION OF THE STATE. 489 Sec. 5. The governor, and the secretary, auditor and treasurer of state, shall, severally, reside and keep the pub- lic records, books and papers, in any manner relating to the respective offices, at the seat of government. Sec. 6. All county, township and town officers shall re- side within their respective counties, townships and towns, and shall keep their respective offices at such places therein, and perform such duties as may be directed by law. Sec. 7. All state officers shall, for crime, incapacity or negligence, be liable to be removed from office, either by impeachment by the house of representatives, to be tried by the senate, or by a joint resolution of the general assem- bly; two-thirds of the members elected to each branch vot- ing, in either case, therefor. Sec. 8. All state, county, township and town officers may be impeached, or removed from office in such manner as may be prescribed by law. Sec. 9. Vacancies in county, township and town offices shall be filled in such manner as may be prescribed by law. Sec. 10. The general assembly may confer upon the boards doing county business in the several counties, pow- ers of a local administrative character. ARTICLE VII. JUDICIAL. Section 1. The judicial power of the state shall be vested in a supreme court, in circuit courts, and in such other courts as the general assembly may establish. Sec. 2. The supreme court shall consist of not less than three, nor more than five judges ; a majority of whom shall form a quorum. They shall hold their offices for six years, if they so long behave well. Sec. 3. The state shall be divided into as many districts as there are judges of the supreme court, and such districts shall be formed of contiguous territory, as nearly equal in population as, without dividing a county, the same can be 490 APPENDIX. made. One of said judges shall be elected from each dis- trict, and reside therein; but said judge shall be elected by the electors of the state at large. Sec. 4. The supreme court shall have jurisdiction, co-ex- tensive with the limits of the state, in appeals and writs of error, under such regulations and restrictions as may be prescribed by law. It shall also have such original juris- diction as the general assembly may confer. Sec. 5. The supreme court shall, upon the decision of every case, give a statement in writing of each question arising in the record of such case, and the decision of the court thereon. Sec. 6. The general assembly shall provide by law for the speedy publication of the decisions of the supreme court, made under this constitution, but no judge shall be allowed to report such decision. Sec. 7. There shall be elected by the voters of the state, a clerk of the supreme court, who shall hold his office four years, and whose duties shall be prescribed by law. Sec. 8. The circuit courts shall each consist of one judge, and shall have such civil and criminal jurisdiction as may be prescribed by law. Sec. 9. The state shall, from time to time, be divided into judicial circuits, and a judge for each circuit shall be elected by the voters thereof. He shall reside within the circuit, and shall hold his office for the term of six years, if he so long behave well. Sec. 10. The general assembly may provide, by law, that the judge of one circuit may hold the courts of another cir- cuit, in cases of necessity or convenience; and in case of temporary inability of any judge, from sickness or other cause, to hold the courts in his circuit, provisions may be made, by law, for holding such courts. Sec. 11. There shall be elected, in each judicial circuit, by the voters thereof, a prosecuting attorney, who shall hold his office for two vears. CONSTITUTION OF THE STATE. 491 Sec. 12. Any judge or prosecuting attorney, who shall have been convicted of corruption or other high crime, may, on information in the name of the state, be removed from office by the supreme court, or in such other manner as may be prescribed by law. Sec. 13. The judges of the supreme court and circuit courts shall, at stated times, receive a compensation, which shall not be diminished during their continuance in office. Sec. 14. A competent number of justices of the peace shall be elected by the voters in each township in the sev- eral counties. They shall continue in office four years, and their powers and duties shall be prescribed by law. Sec. 15. All judicial officers shall be conservators of the peace in their respective jurisdictions. Sec. 16. No person elected to any judicial office shall, during the term for which he shall have been elected, be eligible to any office of trust or profit under the state, other than a judicial office. Sec. 17. The general assembly may modify or abolish the grand jury system. Sec. 18. All criminal prosecutions shall be carried on in the name, and by the authority of the state ; and the style of all processes shall be "The state of Indiana." Sec. 19. Tribunals of conciliation may be established, with such powers and duties as shall be prescribed by law; or the powers and duties of the same may be conferred upon other courts of justice; but such tribunals or other courts, when sitting as such, shall have no power to render judgment to be obligatory on the parties unless they volun- tarily submit their matters of difference and agree to abide the judgment of such tribunal or court. Sec. 20. The general assembly, at its first session after the adoption of this constitution, shall provide for the ap- pointment of throo commissioners, whose duty it shall be to revive, simplify and abridge the rules, practice, plead- ings and forms of the courts of justice. And they shall 492 APPENDIX. provide for abolishing the distinct forms of action at law now in use ; and that justice shall be administered in a uniform mode of pleading, without distinction between law and equity. And the general assembly may, also, make it the duty of said commissioners to reduce into a systematic code the general statute law of the state ; and said commis- sioners shall report the result of their labors to the gen- eral assembly, with such recommendations and suggestions, as to the abridgment and amendment, as to said commis- sioners may seem necessary or proper. Provision shall be made by law for filling vacancies, regulating the tenure of office and the compensation of said commissioners. Sec. 21. Every person of good moral character, being a voter, shall be entitled to admission to practice law in all courts of justice. ARTICLE VIII. EDUCATION. Section 1. Knowledge and learning generally diffused throughout a community, being essential to the preserva- tion of a free government, it shall be the duty of the gen- eral assembly to encourage, by all suitable means, moral, intellectual, scientific and agricultural improvement, and to provide by law for a general and uniform system of com- mon schools, wherein tuition shall be without charge, and equally open to all. Sec. 2. The common school fund shall consist of the con- gressional township fund, and the lands belonging thereto : The surplus revenue fund; The saline fund, and the lands belonging thereto; The bank tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the state bank of Indiana ; The fund to be derived from the sale of county semi- naries, and the moneys and property heretofore held for such seminaries; from the fines assessed for breaches of the penal laws of the state ; and from all forfeitures which may accrue; All lands and other estate which shall escheat to the CONSTrri T TI<>.\ OK TJIK STATE> 493 state for want of heirs or kindred entitled to the inherit- ance; All lands that have been or may hereafter be granted to the state, where no special purpose is expressed in the grant, and the proceeds of the sales thereof; including the proceeds of the sales of the swamp lands granted to the state of Indiana by the act of congress, of the 28th of Sep- tember, 1850, after deducting the expense of selecting and draining the same; Taxes on the property of corporations that may be as- sessed by the general assembly for common school pur- poses. i Sec. 3. The principal of the common school fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the income thereof shall be in- violably appropriated to the support of common schools, and to no other purpose whatever. Sec. 4. The general assembly shall invest, in some safe and profitable manner, all such portions of the common school fund as have not heretofore been entrusted to the several counties ; and shall make provisions, by law, for the distribution, among the several counties, of the interest thereof. Sec. 5. If any county shall fail to demand its proportion of such interest for common school purposes, the same shall be reinvested for the benefit of such county. Sec. 6. The several counties shall be held liable for the preservation of so much of the said fund as may be en- trusted to them, and for the payment of the annual interest thereon. Sec. 7. All trust -funds held by the state shall remain inviolate, and be faithfully and exclusively applied to the purposes for which the trust was created. Sec. 8. The general assembly shall provide for the elec- tion, by the voters of the state, of a state superintendent of public instruction, who shall hold his office for two years, and whose duties and compensation shall be prescribed by law. 494 APPENDIX. ARTICLE IX. STATE INSTITUTIONS. Section 1. It shall be the duty of the general assembly to provide by law for the support of institutions for the education of the deaf and dumb, and of the blind; and, also, for the treatment of the insane. Sec. 2. The general assembly shall provide houses of refuge for the correction and reformation of juvenile of- fenders. Sec. 3. The county boards shall have power to provide farms as an asylum for those persons who, by reason of age, infirmity, or other misfortune, have claims upon the sympathies and aid of society. ARTICLE X. FINANCE. Section 1. The general assembly shall provide, by law, for a uniform and equal rate of assessment and taxation; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and per- sonal, excepting sucli only for municipal, educational, lit- erary, scientific, religious or charitable purposes, as may be specially exempted by law/ Sec. 2. All the revenues derived from the sale of any of the public works belonging to the state, and from the net annual income thereof, and any surplus that may, at any time, remain in the treasury derived from taxation for gen- eral state. purposes, after the payment of the ordinary ex- penses of the government, and of the interest on bonds of the state, other than bank bonds, shall be annually applied, under the direction of the general assembly, to the payment of the principal of the public debt. Sec. 3. No money shall be drawn from the treasury but in pursuance of appropriations made by law. Sec. 4. An accurate statement of the receipts and ex- penditures of the public money shall be published with the laws of each regular .session of the general assembly. CONSTITUTION OF THE STATE. 495 Sec. 5. No law shall authorize any debt to be contracted, on behalf of the state, except in the following cases: To meet casual deficits in the revenue; to pay the interest on the state debt ; to repel invasion, suppress insurrection, or, if hostilities be threatened, provide for public defense. Sec. 6. No county shall subscribe for stock in any incor- porated company, unless the same be paid for at the time of such subscription; nor shall any county loan its credit to any incorporated company, nor borrow money for the purpose of taking stock in any such company; nor shall the general assembly ever, on behalf of the state, assume the debts of any county, city, town or township, nor of any corporation whatever. Sec. 7. No law or resolution shall ever be passed by the general assembly of the state of Indiana that shall recog- nize any liability of this state to pay or redeem any cer- tificate of stock issued in pursuance of an act entitled "An act to provide for the funded debt of the state of Indiana, and for the completion of the Wabash and Erie Canal to Evansville," passed January 19, 1846, and an act supple- mental to said act, passed January 29, 1847, which by the provisions of the said acts, or either of them, shall be pay- able exclusively from the proceeds of the canal lands, and the tolls and revenues of the canal in said acts mentioned; and no such certificates of stocks shall ever be paid by this state. [NOTE. Agreed to by a majority of the members elected to each of the two houses of the general assembly, regular session of 1871, and re- ferred to the general assembly to be chosen at the next general election. Agreed to by a majority of the members elected to each house of- the gen- eral assembly, special session of 1872. Submitted to the electors of tin* state by an act approved January 28, 1873. Ratified by a majority of the electors, at an election held on the 18th day of February, 1873. Declared a part of the constitution by proclamation of Thomas A. Hendricks. gov- ernor, dated March 7, 1873.] ARTICLE XI. CORPORATION. Section 1. The general assembly shall not have power to establish, or incorporate any bank or banking company, 496 APPENDIX. or moneyed institution, for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this constitution. Sec. 2. No bank shall be established otherwise than un- der a general banking law, except as provided in the fourth section of this article. Sec. 3. If the general assembly shall enact a general banking law, such law shall provide for the registry and countersigning, by an officer of state, of all paper credit designed to be circulated as money; and ample collateral security, readily convertible into specie, for the redemp- tion of the same in gold or silver, shall be required ; which collateral security shall be under the control of the proper officer or officers of the state. Sec. 4. The general assembly may also charter a bank with branches, without collateral security, as required in the preceding section. Sec. 5. If the general assembly shall establish a bank with branches, the branches shall be mutually responsible for each other's liabilities, upon all paper credit issued as money. Sec. 6. The stockholders in every bank, or banking com- pany, shall be individually responsible to an amount over and above their stock, equal to their respective shares of stock, for all debts or liabilities of said bank or banking company. Sec. 7. All bills or notes issued as money shall be, at all times, redeemable in gold or silver; and no law shall be passed, sanctioning, directly or indirectly, the suspension, by any bank or banking^ company, of specie payments. Sec. 8. Holders of bank notes shall be entitled, in case of insolvency, to preference of payment over all other cred- itors. Sec. 9. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to in- dividuals loaning money. CONSTITUTION OF THE STATE. 497 Sec. 10. Every bank, or banking company, shall be re- quired to cease all banking operations within twenty years from the time of its organization, and promptly thereafter to close its business. Sec. 11. The general assembly is not prohibited from in- vesting the trust funds in a bank with branches; but in case of such investment, the safety of the same shall be guaranteed by unquestionable security. Sec. 12. The state shall not be a stockholder in any bank, after the expiration of the present bank charter; nor shall the credit of the state ever be given, or loaned, in aid of any person, association, or corporation, nor shall the state hereafter become a stockholder in any corporation or association. Sec. 13. Corporations, other than banking, shall not be created by special act, but may be formed under general laws. Sec. 14. Dues from corporations, other than banking, shall be secured by such individual liability of the corpor- ators, or other means, as may be prescribed by law. ARTICLE XII. MILITIA. Section 1. The militia shall consist of all able-bodied white male persons between the ages of eighteen and forty- five years, except such as may be exempted by the laws of the United States, or of this state; and shall be organized, officered, armed, equipped and trained in such manner as may be provided by law. Sec. 2. The governor shall appoint the adjutant, quar- termaster and commissary generals. Sec. 3. All militia officers shall be commissioned by the governor, and shall hold their offices not longer than^six years. [3227277] 498 APPENDIX. Sec. 4. The general assembly shall determine the meth- od of dividing the militia into divisions, brigades, regi- ments, battalions and companies, and fix the rank of all staff officers. Sec. 5. The militia may be divided into classes of seden- tary and active militia in such manner as shall be pre- scribed by law. - Sec. 6. No person conscientiously opposed to bearing arms shall be compelled to do militia duty ; but such person shall pay an equivalent for exemption; the amount to be prescribed by law. ARTICLE XIII. POLITICAL AND MUNICIPAL CORPORATIONS. Section 1. No political or municipal corporations in this state shall ever become indebted, in any manner or for any purpose, to any amount, in the aggregate exceeding two per centum on the value of taxable property within such cor- poration, to be ascertained by the last assessment for state and county taxes, previous to the incurring of such indebt- edness, and all bonds or obligations, in excess of such amount, given by such corporations, shall be void: Pro- vided, That in time of war, foreign invasion, or other great public calamity, on petition of a majority of the property owners, in number and value, within the limits of such corporation, the public authorities, in their discretion, may incur obligations necessary for the public protection and defense, to such an amount as may be requested in such petition. [The original article 13 is stricken out and the amendment of March 24, 1881, inserted in lieu thereof.] ARTICLE XIV. BOUNDARIES. Section 1. In order that the boundaries of the state may be known and established, it is hereby ordained and de- clared that the state of Indiana is bounded on the east by the meridian line which forms the western boundary of CONSTITUTION OF THE STATE. 499 the state of Ohio ; on the south by the Ohio river, from the mouth of the Great Miami river to the mouth of the Wabash river ; on the west, by a line drawn along the middle of the Wabash river, from its mouth to a point where a due north line, drawn from the town of Vincennes, would last touch the northwestern shore of said Wabash river; and thence by a due north line, until the same shall intersect an east and west line, drawn through a point ten miles north of the southern extreme of Lake Michigan ; on the north, by said east and west line, until the same shall intersect the first-mentioned meridian line, which forms the western boundary of the state of Ohio. Sec. 2. The state of Indiana shall possess jurisdiction, and sovereignty co-extensive with the boundaries declared in the preceding section; and shall have concurrent juris- diction, in civil and criminal cases, with the state of Ken- tucky on the Ohio river, and with the state of Illinois on the Wabash river, so far as said rivers form the com- mon boundary between this state and said states respec- tively. ARTICLE xv. MISCELLANEOUS. Section 1. All officers whose appointment is not other- wise provided for in this constitution, shall be chosen in such manner as now is, or hereafter may be, prescribed by law. Sec. 2. When the duration of any office is not provided for by this constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the general assembly shall not create any office, the tenure of which shall be longer than four years. Sec. 3. Whenever it is provided in this constitution, or in any law which may be hereafter passed, that any officer, other than a member of the general assembly, shall hold his office for any given term, the same shall be construed 500 APPENDIX. to mean that such officer shall hold his office for such term, and until his successor shall have been elected and quali- fied. Sec. 4. Every person elected of appointed to any office under this constitution shall, before entering on the duties thereof, take an oath or affirmation to support the constitu- tion of this state and of the United States, and also an oath of office. Sec. 5. There shall be a seal of the state, kept by the governor for official purposes, which shall be called the seal of the state of Indiana. Sec. 6. All commissions shall issue in the name of the state, shall be signed by the governor, sealed by the state seal, and attested by the secretary of state. Sec. 7. No county shall be reduced to an area less than four hundred square miles ; nor shall any county under that area be further reduced. Sec. 8. No lottery shall be authorized, nor shall the sale of lottery tickets be allowed. Sec. 9. The following grounds owned by the state in Indianapolis, namely: the state house square, the gover- nor's circle, and so much of outlot numbered one hundred and forty-seven as lies north of the arm of the central canal, shall not be sold or leased. Sec. 10. It shall be the duty of the general assembly to provide for the permanent enclosure and preservation of the Tippecanoe battle ground. ARTICLE XVI. AMENDMENTS. Section 1. Any amendment or amendments to this con- stitution may be proposed in either branch of the general assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered on their journals and referred CONSTITUTION OF THE' STATE. 501 to the general assembly to be chosen at the next general election; and, if in the general assembly so next chosen, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the general assembly to submit such amendment or amendments to the electors of the state, and if a majority of said electors shall ratify the same, such amendment or amendments shall become a part of this constitution. Sec. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors, shall vote for or .against each of such amendments separately; and while such an amendment or amendments which shall have been agreed upon by one general assembly, shall be awaiting the action of he suc- ceeding general assembly, or of the electors, no additional amendment or amendments shall be proposed. SCHEDULE. This constitution, if adopted, shall take effect on the first day of November, in the year one thousand eight hundred and fifty-one, and shall supersede the constitution adopted in the year one thousand eight hundred and sixteen. That no inconvenience may aiise from the change in the govern- ment, it is hereby ordained as follows : First. All laws now in force, and not inconsistent with this constitution, shall remain in force until they shall ex- pire or be repealed. Second. All indictments, prosecutions, suits, pleas, plaints and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari and injunctions shall be carried on in the several courts, in the same manner as is now provided by law. Third. All fines, penalties and forfeitures, due or accru- ing to the state, or to any county therein, shall inure to the state, or to such county in the manner prescribed by 502 APPENDIX. law. All bonds executed to the state, or to any officer, in his official capacity, shall remain in force, and inure to the use of those concerned. Fourth. All acts of incorporation for municipal pur- poses shall continue in force under this constitution, until such time as the general assembly shall, in its discretion, modify or repeal the same. Fifth. The governor, at the expiration of the present official term, shall continue to act until his successor shall have been sworn into office. Sixth. There shall be a session of the general assembly, commencing on the first Monday of December, in the year one thousand eight hundred and fifty-one. Seventh. Senators now in office and holding over, under 4:he existing constitution, and such as may be elected at the next general election, and the , representatives then elected, shall continue in office until the first general elec- tion under this constitution. Eighth. The first general election under this constitu- tion shall be held in the year one thousand eight hundred and fifty-two. Ninth. The first election for governor, lieutenant-gov- ernor, judges of the supreme court and circuit courts, clerk of the supreme court, prosecuting attorney, secretary, audi- tor, and treasurer of state, and state superintendent of public instruction, under this constitution, shall be held at the general election in the year one thousand eight hun- dred and fifty-two ; and such of said officers as may be in office when this constitution shall go into effect, shall con- tinue in their respective offices until their successors shall have been elected and qualified. Tenth. Every person elected by popular vote, and now in any office which is continued by this constitution, and every person who shall be so elected to any such office be- fore the taking effect of this constitution (except as in this constitution otherwise provided), shall continue in office until the term for which such person has been, or may be, CONSTITUTION OF THE STATE. 503 elected, shall expire : Provided, That no such person shall continue in office after the taking effect of this constitution, for a longer period than the term of such office in this con- stitution prescribed. Eleventh. On the taking effect of this constitution, all officers thereby continued in office shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this constitution. Twelfth. All vacancies that may occur in existing offices prior to the first general election under this constitution, shall be filled in the manner now prescribed by law. Thirteenth. At the time of submitting this constitution to the electors for their approval or disapproval, the article numbered thirteen, in relation to negroes and mulattoes, shall be submitted as a distinct proposition, in the follow- ing form: " Exclusion and colonization of negroes and mulattoes," "Aye," or "No." And if a majority of the votes cast shall be in favor of said article, then the same shall form a part of this constitution, otherwise it shall be void and form no part thereof. Fourteenth. No article or section of this constitution shall be submitted as a distinct proposition to a vote of the electors otherwise than as herein provided. Fifteenth. Whenever a portion of the citizens of the counties of Perry and Spencer shall deem it expedient to form, of the contiguous territory of said counties, a new county, it shall be the duty of those interested in the or- ganization of such new county, to lay off the same by proper metes and bounds of equal portions as nearly as practicable, not to exceed one-third of the territory of each of said counties. The proposal to create such new county shall be submitted to the voters of said counties, at a gen- eral election, in such manner as shall be prescribed by law. And if a majority of all the votes given at said election shall be in favor of the organization of said new county, it shall be the duty of the general assembly to organize the same out of the territory thus designated. 504 APPEITDIX. Sixteenth. The general assembly may alter or amend the charter of Clarksville, and make such regulations as may be necessary for carrying into effect the objects con- templated in granting the same, and the funds belonging to said town shall be applied according to the intention of the grantor. Done in convention, at Indianapolis, .the tenth day of February, in the year of our Lord, one thousand eight hun- dred and fifty-one, and of the independence of the United States, the seventy-fifth. GEOEGE WHITEFIELD CARR, President and Delegate from the County of Lawrence. Attest: WM. H. ENGLISH, Principal Secretary. GEO. L. SITES, HERMAN G. BARKWELL, ROBERT M. EVANS, Assistant Secretaries ADDENDA The original sections stricken out or amended read as follows: ARTICLE II. SUFFRAGE AND ELECTION. SECTION 2. In all elections, not otherwise provided for by this consti- tution, every white male citizen of the United States, of the age of twenty- one years and upwards, who shall have resided in the state during the six months immediately preceding such election ; and every white male, of foreign birth of the age of twenty-one years and upwards, who snail have resided in the United States one year, and shall have resided in this state during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conform- ably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside. SEC. 5. No negro or mulatto shall have the right of suffrage. SEC. 14. All general elections shall be held on the second Tuesday in October. ARTICLE IV. LEGISLATIVE. SECTION 4. The general assembly shall, at its second session after the adoption of this constitution, and every six years thereafter, cause an enumeration to be made of all the white male inhabitants over the age of twenty-one years. SEC. 5. The number of senators and representatives shall, at the ses- sion next following each period of making such enumeration, be fixed by law, and apportioned among the several counties, according to the 'num- ber of white male inhabitants, above twenty-one years of age, in each ; Provided, That the first and second elections of members of the general assembly, under this constitution, shall be according to the apportionment last made by the general assembly, before the adoption of this constitution. SEC. 22. In relation to fees or salaries. (506) 506 APPENDIX. ARTICLE VII. JUDICIAL. SECTION 1. The judicial power of the state shall be vested in a su- preme court, in circuit courts, and in such inferior courts as the general assembly may establish. ARTICLE XIII. NEGROES AND MULATTOES. SECTION 1. No negro or mulatto shall come into, or settle in, the state, after the adoption of this constitution. SEC. 2. All contracts made with any negro or mulatto coming into the state, contrary to the provisions of the foregoing section, shall be void ; and any person who shall employ such negro or mulatto, or otherwise en- courage him to remain in the state, shall be fined in any sum not less than ten dollars, nor more than five hundred dollars. SEC. 3. All fines which may be collected for a violation of the pro- visions of this article, or of any law which may hereafter be passed for the purpose of carrying the same into execution, shall be set apart and appropriated for the colonization of such negroes and mulattoes, and their descendants, as may be in the state at the adoption of this constitution, and may be willing to emigrate. SEC. 4. The general assembly shall pass laws to carry out the pro- visions of this a'rticle. INDEX TO CONSTITUTION. PAGE. rnxsTrrrTiox OF IXIHAXA., 471 Addenda 505 Administrative 48! Amendments "0 ) Uill of rights 472 P.oundaries 498 ( lorporat ion 4ii5 I )istribution of powers 478 Fdncatioii 492 Kxecutive 484 Finance -. . . . 494 Historical sketch 471 Judicial ' 489 Legislative 478 Militia 497 Miscellaneous 499 Political and municipal corporations 49* Preamble 472 Schedule 501 Stat" institutions 494 SnlYrage and election 47<> (507) INDEX. SEC. PAGE ABANDONMENT OP SCHOOLS ..................... .199-207 148-153 Consent of voters .................................... 200 149 Conveyance, by town trustees to township trustees .. 206-207 152-153 IVf ition of majority of voters ......................... 199 148 Re-establishment ................................. 200-201 149-150 Re-establishment in towns of 1,500 .................... 205 151 Towns of 1,500 ...................................... 205 151 ACCOUNTING BOARD See Public Accounting Board. ACTS OF ASSEMBLY Superintendent of public instruction to furnish common school libraries ................................. 21 32 ADVISORY BOARD OF TOWNSHIP General duties ................................... 789-800 Duties in bond issue ................................. 482 290 Emergency for joint school ........................... 198 147 Provision for payment of township debt certificates. . . .96-98 91-92 AGRICULTURAL COLLEGE See Purdue University. AGRICULTURAL EXPERIMENT STATION Purdue University 719-721 380-381 AGRICULTURAL INSTRUCTION Indiana University 616 ALCOHOL Instruction in effect of 124 Teachers examined in subject of -. 102 ANNEXED TERRITORY Schoolhouse in . 159-160 APPEALS 35 From county superintendent to superintendent of public instruction 55 From school director to township trustee 132 351 108 98 123-124 52 68 112 (509) 510 SCHOOL LAW OF INDIANA. SEC. PAGE From township trustee to county superintendent 54 67 Revocation of license by county superintendent appealed to superintendent of public instruction 40 59 Success grades may be appealed to superintendent of public instruction 48 62 Transfer of orphan pupils to county superintendent and superintendent of public instruction 229 166 'I mnsfer of pupils, to county superintendent and to su- perintendent of public instruction 221 161 ATI 'OKTIONMENT OF FUNDS . . 324-343 226-235 Based on last accepted enumeration 50 64 County superintendent to make out 51 66 Report of, in superintendent's report to the Governor.. 12 29 State tax levy apportioned 314 220 Statement of serai-annual apportionment in superintend- ent's report to the general assembly 13 30 Unapportioned balance 332 229 A PPR AI SEMENT Real estate for schoolhouse 172-175 130-132 ART ASSOCIATIONS Cities of first class ! 272 195 AUDITOR OF STATE Deficiency in town and township revenues 337-338 232-23:'. Payment of revenue apportioned to counties, and ex- cess 330-331 228-22!) Report to, by county commissioners, of common school fund 442-445 268-270 BANK TAX FUND < 344 287 Constitutional provision 2 26 BATHS, PUBLIC Cities of first class 280-282 201-202 BIBLE IN SCHOOLS 118 10(5 BLIND Compulsory education . 538 325 BOARDS OF COMMISSIONERS See School Boards. BOARDS OF FINANCE Schonl .-UK! township boards 809 42S -129 511 SEC. PAGE >< >M >S 454-482 274-290 < Mties not over 1,000 479-480 288-289 CM ties not over 2,000 473-478 285-288 Cities of 1,000 to 5,000 .469-472 283-285 ( Ml ies of second class 465-468 281-283 Funding or refunding 459-460 278-279 Localizing bonds issued and sold by township trustees . 90-92 89-90 Special tax for 456 275 460 279 462 280 467 283 . 471 284 477 287 Sinking fund, for payment of, provided by school trus- tees 400 279 Township to issue 481-482 289-290 Township trustee to issue, when donation or bequest is made . ..161-163 124-126 1 '.( M )K KEEPING METHODS Superintendent of public instruction to prescribe, for county auditors and treasurers 19 32 BUSINESS DIRECTOR Cities of first class. . . .241-255 175-182 CERTIFICATES See Teachers' License. PITIES See also Schools Cities. Cities over 50,000 exempted from school trustee pro- visions 68 74 Exempt from superintendence of county superintendent. 36 53 School city -. . 73 78 PITY COMPTROLLER Auditor of school board in cities of first class 245 179 PITY SUPERINTENDENT See also Town Superintend- ents. Cities of first class 242 Salary paid from special school revenue 76 School trustees to appoint - 76 Success grades of applicants for state license, fur- nished by 43 61 Success grades of teachers granted by 46 63 Success grades of teachers issued nnd recorded by 47 63 COLORED CHILDREN Separate schools for , 121 107 512 SCHOOL LAW OF INDIANA. COMMENCEMENT SEC. PAGE County superintendent to attend exercises 37 54 COMMON SCHOOL FUND See, also, Apportionment of Funds Taxation 344-453 237-273 Advertisement of amount of fund on hand by county auditor 394-395 253-254 Congressional township fund 348-373 239-247 Constitutional provisions 2-7 26-27 Counties Liability 347 238 Counties Liability Constitutional provision 6 27 County auditors, superintendents, treasurers, trustees, etc., to report on condition of, to superintendent of public instruction, on request 17 31 County superintendent to inspect official dockets, records, books of account, etc 52 66 Dog tax fund 343 234 Estrays and property adrift 345 238 Hydrophobia fund from dog tax 346 238 Interest on, paid and apportioned by county superin- tendent 53 67 Interest on loans 393 253 Intoxicating liquors Licenses Funds from. 344 237 Investment and distribution Constitutional provision.. 4 27 Loans, mortgages, etc 396-441 254-268 450-453 272-273 Loans, mortgages, etc. Apportionment 446 270 Loss of, county superintendent to issue warrant for re- imbursement 53 67 Principal, a perpetual fund Constitutional provision. . 3 26 Reinvestment Constitutional provision 5 Report of, in superintendent's report to the general assembly 13 29 Report of additions for the year in superintendent's report to the Governor 12 Sale of lands 349-373 240-247 375-392 248-253 School trustees to keep record of school revenue 74 78 Sinking fund, interest 342 234 Special school fund, tax for 318 222 Special school revenue and school revenue for tuition, school trustees to distinguish between 74 78 Superintendent of public instruction to examine condi- tion of school fund in each county 14 30 Supplementary tuition fund, tax for 318 Surplus special school revenue paid over by school trustees to common council, etc 75 79 Tax for 314 220 Tax for state institutions .321-323 223-225 INDEX. 513 COMMON SCHOOL FUND Continued. . SEC. PAGE Transfer of pupils Tuition 222-231 162-167 Trust funds inviolate Constitutional provision ; . . 7 27 What constitutes, saline fund, bank tax fund, etc 344 237 COMPULSORY EDUCATION 538-550 325-330 Age 538 325 Blind 538 325 Deaf 538 325 Dependent children 549-550 330 Enumeration of children 547 329 Incorrigible and truant children, home for, or custodial institution 544-545 328-329 Indigent children 543 328 Names of children furnished to truant officer 548 330 Reports by school officers to superintendent of public instruction, etc 542 328 Tax 546 329 Truancy board, county board of education to act as 539 326 Truancy board, reports to 542 328 Truancy officers, cities and towns 540 326 Truancy officers Compensation 539 326 Truancy officers, county 539 326 CONGRESSIONAL TOWNSHIP Apportionment of school funds, when divided 327 227 CONGRESSIONAL TOWNSHIP FUND 344, 348 373 237, 239-247 Constitutional provisions 2 26 County auditor to keep account of 348 239 Loans Interest 402 255 Sale of lands 349-373 240-247 CONGRESSIONAL TOWNSHIP SCHOOL LANDS Trustees of civil township to care for 72 77 CONSTITUTIONAL PROVISIONS 1-8 26-27 Common schools 1 26 Common school fund 2-7 26-27 Counties Liability 6 27 Investment and distribution 4 27 Principal a perpetual fund 3 26 Reinvestment .; 5 27 Superintendent of public instruction . 8 27 Trust funds inviolate 7 27 CONTRACTS Cities of first class 253-254 181-182 [3327277] 514 SCHOOL LAW OF INDIANA. CONTRACTS Continued. SEC . PAGE Text-books 485-489 293-297 493-494 208-299 508 S06 512 308 527 319 535-537 322-324 CORPORAL PUNISHMENT 113 103 See note. COUNTIES Common school fund Liability for 347 238 Common school fund Liability for Constitutional pro- vision C 27 Indiana University, students from 600-601 348 Purdue University, students from 707-708 375 COUNTY AUDITOR Apportionment of school revenue, apportioned to county 333 230 Common school fund Accounts with congressional town- ships .* 348 239 Common school fund Advertisement of amount of fund on hand 394-395 253-254 Common school fund Loans, mortgages, etc 396-441 254-268 450-453 272-273 Common school fund Report to county commissioners, superintendent of public instruction and auditor of state 442-445 208-270 Common school fund Report to superintendent of public instruction 347 238 Farmers' institute Local expenses 715-716 378-379 Indiana University, number of students attending from county given to 600-601 348 Report on condition of common school fund, at request of superintendent of public instruction 17 31 Report to superintendent of public instruction of revenue ready for apportionment 325-328 226-228 COUNTY BOARD OF EDUCATION 87 85-86 Duties 87 85 Text-books changed by 87 86 Township libraries managed by 87 86 Truancy board, to act as 539 ?26 COUNTY TREASURERS Common school fund Report to county commissioners, superintendent of public instruction and auditor of state , . . . ? .442-445 268-27Q INDEX. 515 COUNTY COMMISSIONERS SEC. PAGE County auditors and treasurers to report to, on common school fund 442-445 2(58-270 COUNTY HIGH SCHOOLS See IIIh Schools. COUNTY SEMINARIES Fund from sale of 344 287 COUNTY SUPERINTENDENT 29-58 4G -09 Appeal from, in regard to success grading, to superin- tendent of public instruction 48 63 Appeal from, to superintendent of public instruction .... 35 52 55 68 Appeal to, from township trustee 54 67 Appeal to, in matter of transfer of orphan pupils 229 166 Appeal to, in matter of transfer of pupils 221 161 Apportionment of funds 51 66 Assistant 34 52 Bond 29 46 Bond, special 492 298 504 304 Cities exempt from superintendence 36 53 Commencement exercises attended by 37 53 Duties 35 52 Election ". ... 29 46 Eligibility 31 50 Enumeration 49 64 Enumeration reported annually to superintendent of public instruction 50 64 Enumeration retaken 50 65 Examination of teachers 38 54 Examinations for graduation 37 53 Examinations for state license held by 43 59 Examinations in special branches (commissioned high school teachers, drawing, art, physical culture, kin- dergarten, etc.) . .' 114 103 Failure to report enumeration 50 65 Hygiene and sanitary science leaflet, distributed by 182 138 Impeachment 30 47 Inspection of official dockets, records, books of account, etc., dealing with school funds 52 60 Interest on school fund paid and apportioned by 53 67 Licenses issued by 38 55 Losg of common school fund Reimbursement by county superintendent 53 67 Medical inspection printed rules, to be sent to 142 116 Member of county board of education 87 85 Oath 29 46 Office and office supplies. 41 59 516 SCHOOL LAW OF INDIANA. COUNTY SUPERINTENDENT Continued. SEC. PAGE One member of state board of education to be a county superintendent 24 34 Petition to, in regard to changing site of school- house 156-158 122-123 Private normal schools Interest in 56-58 69 Record book 39 53 44 62 Record of applicants for license, revocations, etc., kept by 39 58 44 62 Report annually to superintendent of public instruction 50 65 Report on condition of common school fund, at request /of superintendent of public instruction 17 31 Revocation of licenses 40 58 Salary in the several counties 32 50 School trustees to file enumeration with 85 84 School trustees to report to 77 79 Success grades of applicants for state license, fur- nished by 43 61 Success grades of teachers granted by 46 63 Success grades of teachers issued and recorded by 47 63 Teachers' -institutes 35 52 Term of office 29 46 Text-book, revision <621-525 314-319 Text-books, sold by (repealed) 489-496 295-300 (See text-books, sale) 498-499 301-303 501 301 512-519 308-313 Town or township deficiency reported to 337 232 Traveling expenses i 33 51 Vacancy 29 46 COUNTY TREASURER Report on condition of common school fund at request of superintendent of public instruction . . .- 17 31 DEAF Compulsory education 538 325 DEBTS 454-482 274-290 Emergency school township debts legalized 88 86 School township debts legalized 89 88 Township debt certificates legalized and paid 95-98 90-92 DEFICIENCY Counties, in common school fund 347 238 Town or township school revenue 337-340 232-234 DEPENDENT CHILDREN See Orphans Indigent Chil- dren Compulsory Education. INDEX. DEPOSITORIES See Public Depositories. 517 SEC. PAGE DISPENSARIES Relief provided for indigent children, after medical in- spection 141 115 DOG TAX 343 234 Hydrophobia fund from 346 238 DOMESTIC SCIENCE Teachers to be examined in special branch 114 103 DONATIONS AND BEQUESTS Conditional gift 165 126 County high schools, trustees 169-171 128-130 Income from gifts 166 126 Identity of gift not to be lost 168 128 Libraries Gifts to cities and towns 731 388-389 Purdue university 695 371 710 376 School corporations to receive, etc 164-168 126-128 Schoolhouses in unincorporated towns 161-163 124-126 State normal school 551-567 331-335 Trustee for gift 167 127 DRAWING TEACHERS See Supervisors of Music and Drawing. EDUCATIONAL INSTITUTIONS Legislative reference department of state library to co- operate with 786 411-412 ELEMENTARY SCHOOLS Defined . . 133 112 EMERGENCY DEBTS See Debts. EMINENT DOMAIN School board has power of Cities of the first class 263 188 ENUMERATION OF SCHOOL CHILDREN Compulsory education 547 329 County auditor to make a statement of, when county lines divide school township 354 241 County superintendent to make in certain cases 49 64 County superintendent to retake 50 65 County superintendent's failure to report 50 65 Enumerators appointed by school trustees, salary, etc.. 84 82-84 Orphans 227 165 Report of, in superintendent's report to Governor 12 29 518 SCHOOL LAW OF INDIANA. ENUMERATION OF SCHOOL CHILDREN Continued. SEC. PAGE Report of, to superintendent of public instruction, by county superintendent 50 <34 Retaking '. 50 (U 85 85 School trustees to tile with county superintendent 85 84 School trustees to take, and who enumerated 84-85 &4-S5 To determine three largest cities, whose superintend- ents shall be members of state board of education 24 ,>4 E STRAYS Fund from 345 238 EXAMINATIONS See Teachers Examination. EXEMPTION LICENSES See Teachers Examination- Teachers Licenses, FARMERS' INSTITUTES Purdue university 712-716 377-379 FARMERS' READING COURSES 711 377 FIRE ESCAPES 186-191 139-143 FLAG 144-147 110-117 FRATERNITIES See Secret Societies. GERMAN Instructors in, provided by school trustees 123 108 Teachers to be examined in special branch 114 103. GOVERNOR Indiana University, a member of board of visitors 603 34& Proclamation announcing text-book contract 488 295 585 322 GRADUATION EXAMINATIONS County superintendent to provide for 37 51? 1IERRON ART INSTITUTE, Indianapolis 272 195-197 HIGH SCHOOLS County Donations 169-171 12&-13O Courses in commissioned and non-commissioned 133 1 12: Courses of study 134 112: Defined 133 112: Joint high schools 212-218 155-15T INDEX. 519 HIGH SCHOOLS Continued. SEC. PAGE Joint graded, established by school trustees 70 76 School trustees to establish graded, under certain con- ditions 70 7 Teachers to IK> examined in special branches (commis- sioned) 114 103 Term Continuance by school trustees 119* 10G HYDROPHOBIA FIND 346 238 HYGIENE AND SANITARY SCIENCE TO RE TAUGHT.. 182 138 IMPEACHMENT County" superintendent 30 47 INCORRIGIBLE CHILDREN Home for, or custodial institution 544-545 328-329 1NDEBTEI )NESS 454-^82 274-290 INDIANA UNIVERSITY 574-691 339-301) Agricultural department 616 351 Alumni 589-592 345-346 Board of visitors 603-605 348-349 Building and repairs 614 351 Faculty 597-599 347-348 Faculty lectures 609 3oO Fund 621-690 353-369 Geological examinations and specimens 610 350 Lectures in counties 609 350 Library 619 352 Loans of funds 621-690 353-369 Medical school . 691 369 Normal department 615 351 Permanent endowment fund 575-580 340-342 Permanent endowment fund Loans Interest 402 255 Reports 608 349 611-612 350-351 Scholarship % . 617-618 351-352 Sessions advertised 613 351 State geologist a member of faculty 620 352 Tax for 321-323 223-225 Treasurer 602 348 607 349 Trustees 581-598 342-345 607-608 349-350 618 35f 083-685 366-367 520 SCHOOL LAW OF INDIANA. INDIANAPOLIS SCHOOLS See Schools Cities of the first class. BEO. INDIGENT CHILDREN Appropriations for 122 Compulsory education 543 Relief provided, after medical inspection 141 Text-books 500 INSTITUTES See Teachers' Institutes Farmers' Insti- tutes. INTOXICATING LIQUORS LICENSES Fund from 344 JANITORS Dismissal Cities of first class 243 Medical examination of 141 Physical qualifications 181 School trustees to provide, for school property 72 JOURNALS OF ASSEMBLY AND DOCUMENTARY JOUR- NALS Superintendent of public instruction to furnish to com- mon school libraries 21 JOINT SCHOOLS 192-218 Control 193-194 Emergency Advisory board township trustees to act . . . 198 Expense of establishing and maintaining 193-194 197 Graded joint schools 195 High schools 212-218 Towns and township to join 208-211 Towns and township to join Control 211 Towns and township to join Cost 210 Towns and township to join Election .- 209 KINDERGARTEN Established by school trustees 135 Tax, collected and disbursed Tax, levied for 136 Teachers to be examined in special branch Teachers Rules of state board of education in regard to examination of 27 LI CENSES See Teachers Licenses Intoxicating Liquors Licenses. PAGE INDEX. 521 LIBRARIES See, also, State Library Public Library Commission. SEC. PAGE LIBRARIES 722-769 382-383 Bonds 767 406-407 City and town 722-736 382-392 746-748 396-398 76&-769 407 Cities and towns First class 240-243 175-178 Cities and towns 30,000 population 762-766 402-406 Cities and towns 15,000 to 30,000 766-767 405-407 Cities and towns 3,500 to 4,000 749-754 398-400 Cities and towns Boards 722-727 382-386 732 390 Cities and towns City treasurer's report 733 390 Cities and towns Donations 731 388-389 Cities and towns Parks used for 761-762 402 Cities and towns Real estate 759-760 401-402 Cities and towns School trustees, etc., to establish . . . 746 396-397 City and town Subscriptions 722-723 382-383 728 389 City and town Tax 728-729 387-388 735 390-392 748 397-398 751 399 755 400 763 402-404 766 405-406 City and town Township to use 730 388 735 390-392 Cities and towns Transfer to property 768-769 407 Common school libraries Superintendent of public in- struction to furnish with journals of assembly, acts and documentary journals 21 32 Indiana university 619 352 Library associations 740 394 State libraries to furnish with state publications 744 396 784-785 411 Township 742-743 394-396 755-758 400401 Township County board of education to manage 87 85 LIFE STATE CERTIFICATES See Teachers Licenses. MANUAL TRAINING Schools, in cities of first class. .267-269 189-190 MEDICAL INSPECTION OF SCHOOL CHILDREN. . .138-143 114-116 Cities of first class 275-276 198-199 Exemption from . . . : 141 115 Inspection when epidemics break out . 181 137 522 SCHOOL LAW OF INDIANA, MEDICAL SCHOOLS tfic. PAGE Indiana university 691 369 MISCELLANEOUS SCHOOL FUND ACCOUNT 447-449 270-271 MODEL SCHOOL State normal school 558 333 MUSIC TEACHERS See Supervisors of Music and Draw- ing. NARCOTICS Instruction in effect of 124 108 Teachers examined in subject 102 98 NIGHT SCHOOLS 149-150 118 Cities of first class 273 197 NORMAL SCHOOLS See, also, State Normal School. NORMAL SCHOOLS 568-573 330-338 "Accredited" granted to 572-573 337-338 Courses of study 569-570 337 Indiana university department 615 351 Private County superintendent not to have interest in.56-58 69 NURSES Cities of first class Medical inspection 275 198 ORPHANS Transfer of pupils 227-231 164-167 PARKS Libraries in cities and towns to use 761-762 402 PHYSICAL CULTURE Teachers to be examined in special brandies 114 103 PLAYGROUNDS Cities of first class 280-282 201-202 (For playgrounds in cities of the second, third and fourth classes, see Acts of 1909, p. 197.) POLITICAL PARTIES Use of schoolhouse by 153 120 POOR ASYLUMS Appropriations for education of children in 122 107 POOR CHILDREN See Indigent Children. INDSX. 523 PRIVATE SCHOOLS SBC. P AGB Transfer of pupils to 219 150 Use of schoolhouse by 152 119 PUBLIC ACCOUNTING BOARD 828-860 444 163 School fund 829 444 PUBLIC COMFORT STATIONS Cities of the first class 280-282 201-202 PUBLIC DEPOSITORIES 801-825. 424-438 School and township boards of finance 809 428 State schools and educational institutions 819 435 PUBLIC IMPROVEMENTS School property liable for and former payments legal- ized 176-177 132-133 PUBLIC INSTRUCTION, SUPERINTENDENT OF See Superintendent of Public Instruction. PUBLIC LIBRARY COMMISSION 737-741 392-394 745 396 PUPILS Compulsory education and truancy 538-550 325-330 Epidemics " 181 137 Medical inspection 138-143 114-116 Medical inspection Cities of the first class 275-276 198-199 Transfer 219-232 158-167 Transportation 202-204 151 Uncleanliness 180 134 181 137 PIJRDUF UNIVERSITY 693-721 370-381 Agricultural college scrip 692 370 694 370 Agricultural experiment station 719-721 380-381 County students 707-708 375 Donations 695 371 710 376 Extension department 714 378 Farmers' institutes .712-716 377-379 Farmers' reading courses 711 377 Fund 709 376 John Purdue Privileges 701-702 373 Name .697-698 371-372 Rural improvement 712-717 377-379 Tax for 321-323 223-225 Trustees 321-323 223-225 693 370 U. S. grant, acceptance of 718 879 524 SCHOOL LAW OF INDIANA. RELIGIOUS DENOMINATIONS SEC. PAGE Use of schoolhouses by 153 120 RURAL IMPROVEMENT 712-716 377-379 SALINE FUND 344 237 Constitutional provision 2 26 SCHOLARSHIPS Indiana university 617-618 351-352 SCHOOL BOARDS Cities of first class 233-299 168-211 Cities of 55,000 to 63,000 300-307 212-216 Cities of 45,000 to 50,000 308-313 217-219 Libraries established by 746 396 SCHOOL BOOKS See Text-books. SCHOOL CITY 73 78 SCHOOL DIRECTORS 125 109 129-132 111-112 Appeal from the township trustee 131 112 Duties 129 111 Election and removal 125 109 Exclusion of pupils by 131 112 Inspection of school by 131 112 Schoolhouse and property in charge of 130 111 Vacancy 127 110 SCHOOLHOUSES See, also, Joint Schools School Prop- erty. SCHOOLHOUSES 151-191 119-143 Annexed territory 159-160 123-124 Blackboards 180(d) 135 Bonds issued for construction of 454-482 274-290 Building laws 180(b) 134 Cleaning 181 136 Cloakrooms 180(d) 135 Disinfection 181 137 Donations and bequest for, in unincorporated towns . 161-163 124-126 Drinking arrangements 180(e) 135 Doors swing outward 179 133 Fire escapes and inspection 186-191 139-143 Heating 180(f ) 135 Levy for sanitary building and furnishing 183 138 Lighting 180(c) 134 Medical examination of . . . 141 115 INDEX. 525 SCHOOLHOUSES Continued. SEC. PAGE New, duties of trustees and advisory board 797 421 Outhouses 180(g) 136 Private schools to use 152 119 Purchase of real estate for, appraisement 172-175 130-132 Repairs and removal to be directed by school meetings estimate of cost 127-128 111 Sale of land when schoolhouse is moved 154 120 Sanitation 180-184 134-139 School director to have charge of 130 111 Seating 180(c) 134 Site changes 156-158 122-123 Sites 180(a) 134 Special school fund collected for 178 133 Tax to complete 320 223 Temperature 181 136 Township to use buildings in towns 185 139 Use of for other purposes 153 120 Ventilation 180(f ) 135 Water-closets 180 (g) 136 Water supply 180(e) 135 SCHOOL LANDS Sale of 349-373 240-247 Lands of surplus revenue fund, sale of 392 252 Swamp lands, fund from sale of 344 237 SCHOOL LAWS Superintendent of public instruction to publish. ....... 20 32 SCHOOL MEETINGS 125-127 109-111 SCHOOL OFFICERS See also Township Trustee School Trustees City Su- perintendent School Directors School Board. SCHOOL OFFICERS Administration of oaths GO 71 Compulsory education, reports on, to superintendent of public instruction, etc 542 328 Women eligible to be 61 71 Women, to give bond 62 71 SCHOOL PHYSICIAN Appointment 140 114 Duties 141 115 Qualifications 140 114 SCHOOL PROPERTY See also Joint Schools Schoolhouses. 526 SCHOOL LAW OF INDIANA. SEC. PAGE SCHOOL PROPERTY 151-191 119-143 Janitors for, provided by school trustees 72 77 Public improvements, liability for and former payments legalized 176-177 132-133 Purchase of real estate for schoolhouse Appraise- ment 172-175 130-131 Sale by school trustee and sale legalized 99-100 92-93 Sale of, when school is moved 154 120 School director to have charge of 130 111 Title to school lands 151 119 SCHOOL SUPPLIES County superintendent, acting as agent for. to be im- peached 30 47 SCHOOL TOWN 73 78 SCHOOL TOWNSHIP '. 59 70 73 78 SCHOOL TRUSTEES 59-100 70-93 See also Township Trustee. SCHOOL TRUSTEES Abandonment of schools .' 199 148 Abandonment of schools in towns of 1,500 205 151 Accounts inspected 81 81 Administration of oaths 60 71 Bond, before negotiating bonds or notes 463 280 475 287 Bonds 69 75 Chairman to be member of county board of education ... 87 So Cities over .50,000 excepted from school trustee pro- visions 68 74 Compulsory education Names of children furnished by. 548 330 Duration of school term maintained by 71 77 Duties 67 72 70 75 Election 67 72 Enumeration taken by, and who enumerated 84-85 82-^5 Examination of books 82 81 Failure to make report 78 SO Failure to serve 80 81 German language instruction provided by 123 108 High school term Continuance of 119^ 100 Indigent children, aid to r>4., -".28 Indigent children Relief for after medical inspection.. 141 115 Janitors for school property provided by 72 Joint* school established by 192 144 INDEX. 527 SCHOOL TRUSTEES Continued. SEC. PAGE Joint school 1'or town and township .L'O.x 211 153-155 Kindergarten established by 135 113 Libraries established by 746 390 Medical inspection instituted by 138 114 Neglect of duties 79 81 Night schools maintained by 149-150 118 Purchase of real estate for schoolhouse Appraisement 172-175 130-132 Record of proceedings and revenue 74 78 Removal 83 82 Report 77 79 Salaries 07 73 Sale of property 154 120 Sale of school property and sale legalized 99-100 92-93 School bond sales legalized 93-94 90 School director to notify, of his election 125 109 School physician appointed by % 140 114 Sinking fund for payment of bonds, provided by 400 279 Superintendent in cities and towns, appointed by 76 79 Teachers employed by 70 75 Teachers of private school in schoolliMise to report to. . . 152 120 Teachers to report to 107 100 Term of office 07 73 Text-books, sale by (repealed) 489-490 295-300 See also Text-books Sale 498-499 301-313 501 303 503-506 304-306 512-520 308-314 Title to school lands procured by 151 119 To be clerk and treasurer of township, city or town, for school purposes 73 78 Transfer of pupils 219-232 158-167 Vacancies 67 73 69 75 Women eligible to be "... 61 71 Women, to give bond 62 71 SCHOOLS- SCO also High schools Kindergartens Joint schools. Schools 118-150 10(5-118 Bible iii 118 100 Branches taught 123 108 Calendar '. 120 107 Colored children 121 107 Common schools defined 133 112 Exclusion of pupils by school director 131 112 Flag, purchase, display, mutilation 144-147 116-117 Hygiene and sanitary science taught 182 13S Indigent children, appropriation for 122 107 528 SCHOOL LAW OF INDIANA. SCHOOLS Continued. SEC. PACE Inspection by school director 131 112 Instruction in effect of alcohol and narcotics 124 108 Medical inspection 138-143 114-110 Night schools 149-150 118 School director 125 109 129-132 111-112 School meetings, powers, etc 125-127 109-111 School year, beginning of 127 110 Secret societies 148 117 Star spangled banner 147$ 117 Term, high school Continuance 119$ 106 Terms, uniformity in length of 119 106 Voters' meetings ..125-127 10&-111 SCHOOLS CITIES OF FIRST CLASS 233-299 168-211 Appointment or discharge of employes 243 178 Art association, aid to 272 196-197 Board of commissioners . . 233-299 168-211 Board of commissioners Accountants to examine books of ' 251 181 Board of commissioners Auditor, city comptroller to be 245 179 Board of commissioners Eminent domain 263 188 Board of commissioners Removal 264 188 Bonds 271 193-194 Business director 241-255 175-183 Contracts 253-254 181-182 Finance 245-257 179-185 260 186 265 189 Manual training schools 267-269 189-190 Medical inspection 275-276 198-199 Night schools 273 197 Old school board 259 185 Public playgrounds, baths, comfort stations 280-282 201-202 Superintendent 242 176 Tax levy 257 184 265 189 269-270 190-193 Tax levy for health inspector 276 199 Teachers Pensions 283-299 202-211 Trade and industrial schools 277-279 199-200 SCHOOLS CITIES OF 55,000 to 63,000 300-307 212-216 SCHOOLS CITIES OF 45,000 to 55.000 308-313 217-219 SECRET SOCIETIES . . 148 117 INDM. SINKING FUND SEC. PAGE Interest on, to be apportioned 342 234 Provided by school trustees, to pay for bonds 460 271) SPECIAL SCHOOL FUND Collected for schoolhouse 178 133 Levy for sanitary building and furnishing of schoolhouse 183 138 Tax for 316 220 STAR SPANGLED BANNER 147* 117 STATE BOARD OF EDUCATION 24-28 34-45 Definitions of words Ill 102 Duties 25 35 Examination questions furnished by, to county superintendents 38-13 54-59 Examinations by county superintendent in special branches, papers to be sent to 114 104 Members 24 34 Pay and mileage 28 44 Rules for medical inspection 142 116 Rules for teachers licenses and examination 27 36-44 Standard of all licenses fixed by * . . 43 62 State normal school, committee of three to visit 564 334 State teachers' training board, to constitute 568-573 336-338 Text-books, duties in regard to 483-488 291-295 497 300 STATE BOARD OF HEALTH Hygiene and sanitary science leaflet 182 138 Rules for disinfecting school buildings 181 136 Rules for medical inspection 142 116 STATE GEOLOGIST Indiana university faculty, to be a member of 620 352 STATE LIBRARY 770-788 408-412 Indiana university library, certain books sent to, from 619 352 Legislative reference department Co-operation with educational institutions 786-788 410-412 Librarian to furnish libraries with state publications 744 396 STATE NORMAL SCHOOL 551-567 331-335 Tax for 321-323 223-226 STATE TEACHERS' TRAINING BOARD State board of education to constitute 568-573 336-338 [3427277] 530 SCHOOL LAW OF INDIANA. STATE UNIVERSITY SEC. i>Aafe See Indiana University. STATISTICS OF SCHOOLS Report of, in superintendent's report to geuer.il assembly 13 80 SUCCESS GRADES See Teachers Success Grades. SUITS Against school trustee for neglect of duty 79 81 County superintendent to bring, to recover school funds. 52 CO Failure of county superintendent to report school enumeration 50 G5 SUPERINTENDENT OF PUBLIC INSTRUCTION 9-23 28-33 Appeal to, from county superintendent 35 52 55 GS Appeal to, in matter of transfer of orphan pupils 221) 166 221 101 Apportionment of funds 324-325 220 328 227 Blanks and forms prepared and furnished by is 32 Bookkeeping methods prescribed for county auditors and treasurers 19 32 Clerks 11 28 Commencement of term 10 28 Compulsory education, reports on, by school officers and teachers 542 328 Constitutional provisions 8 27 County superintendent to report annually to 50 64 Deficiency in town or township school revenue 337-338 332-333 Duties 11 28 14 30 Election 9 28 Enumeration reported to, by county superintendent 50 64 Examination of school fund in each county 50 Hygiene and sanitary science leaflet 182 138 Indiana university, a member of board of visitors of . . . 603 348 Indiana university, reports to 60S 349 Institution of necessary suits at law for recovery of school funds 1C Itemized statement of fees for state license 43 60 Items for teachers' success grades, provided by 23 45 62 Journals of assembly, acts and documents, journals fur- nished to common school libraries by 21 Manuscripts of examinations for state license, sent to. . . 43 60 Oath 10 Office at seat of government 11 INDEX. 531 SUPERINTENDENT OF PUBLIC INSTRUCTION Continued. 8EC. PAGE Opinions rendered on administration or construction of the school law 11 28 President of state board of education 24 34 Report of state board of education 24 34 Report to, by county auditor, of common school fund... 347 238 Report to, by county commissioners of common school fund 442-445 268-270 Report to general assembly 13 29 Report to Governor 12 29 Reports on school funds from county auditors, super- intendents, treasurers, trustees, etc., on request , 17 31 School laws published and distributed by 20 32 Success grades may be appealed to 48 63 Supervision of school funds 16 31 Teachers' life license from other States to be counter- signed by 22 32 Term of office 9 28 Text-book law, printed and supplied by 510 308 528 . 320 Text-books Revision 520-525 313-319 Transfer of pupils Payments adjusted by 222 162 Traveling expenses 15 31 SUPERINTENDENT OF SCHOOLS See City Superintendent. SUPERVISORS IN MUSIC AND DRAWING Examination in special branches 114 103 Examination Rules of state board of education 27 40 SUPPLEMENTARY TUITION FUND 318 222 SURPLUS REVENUE FUND Constitutional provision 2 26 Sale of lands 392 252 SWAMP LANDS Fund from sales of 344 237 TAXATION 314-323 220-225 Advisory board; duties of 791-792 414-416 < 'oinpulsory education 546 329 Libraries, city and town, tax levy for 722 382 728-729 387 735 390 748 397 751 390 755 390 763 402 766 406 532 SCHOOL LAW OF INDIAHA. TAXATION Continued. SEC. PAGE Special school tax 316 220 Special tax Cities of 45,000 to 55,000 311 218 State institutions, tax for 321-323 223-225 State tax levy 314 220 State university endowment fund 575 340 Supplementary tuition fund 318 222 Tax for bonds 456 275 460 279 462 280 467 283 471 284 477 287 Tax levy Cities of first class 257 184 265 189 269-270 190-193 Tax levy Cities of first class Health inspector 276 199 Tax levy Cities of first class Playgrounds 282 201 TEACHERS 101-117 94-105 Compulsory education, report on, to superintendent of public instruction, etc 542 328 Contracts, blanks for 106 99 Contracts, form of, see note 2 101 95 Contracts, in writing 105 99 Contracts, made with township trustee unlawful under certain conditions 104 99 Definition of teacher 299 211 Dismissal 101 94 Dismissal Cities of first class 243 178 Employment 101 94 Employment School trustees, township and city to employ 70 75 Examination Alcohol and narcotics 102 98 Examination Cities of first class 240 175 273 197 Examination Common school graduates 27 36 Examination County superintendent to conduct 38 54 Examination County superintendent to hold for state license 43 59 Examination Exemption 38 55 115 104 116 105 Examination Fe 26 36 Examination High school undergraduates 27 36 Examination, in special branches (commissioned high schools, drawing, art, physical culture, kindergarten, etc.) 114 103 Examination, in special subjects 112 102 INDEX. 533 TEACHERS Continued. SEC. PAGE Examination Rules of state board of education 27 36- 11 Examination, state board of education to conduct 26 36 Examination questions, traffic in, prohibited 42 59 Failure to teach 103 99 Insults by parent, etc 113 103 License Classification 38 54 License Classification of state licenses 43 61 License, county superintendent to issue 38 54 License Exemption license 38 56 License Fee for state license 43 60 License Record of applicants, revocations, etc., kept by county superintendent 39 58 44 62 License Rules of state board of education 27 36-44 License Standards fixed by state board of education . . 43 62 License State board of education to grant 26 35 License State license examinations held by county superintendent 43 59 License Teaching without 101 94 License for life, of teachers from other States, to be countersigned by superintendent of public instruction 22 32 License Revocation in power of county superintendent 40 58 License revocation, record of to be kept by county super- intendent 39 58 44 62 Medical examination of 141 115 Normal schools 568-573 336-338 Normal schools Indiana university 615 351 Normal schools State normal school 551-567 331-335 Pensions Cities of first class 283-299 202-211 Physical qualifications 181 .137 Private schools in schoolhouse, report to the trustee 152 119 Qualifications 109 101 Report to trustee 107 100 Report to trustees Penalty for failure to make 107 100 Salary Minimum wages 108 100 Salary Payment at less rate 110 102 Success grades as a factor in salary 108 100 Success grades, county or city superintendent to furnish. of applicant for state license 43 61 Success grades, county, city, and town superintendents to grant 46 63 Success grades, county, city, and town superintendents to issue and keep record of 47 63 Success grades, superintendent of public instruction to provide schedules for 23 33 45 62 Success grades, unfair grading in, may be appealed to superintendent of public instruction 48 63 534 SCHOOL LAW OF INDIANA. TEACHERS Continued. SEC. PAGB Terms of employment 104 99 Test of sight .and hearing of children 138 114 TEACHERS' INSTITUTES 861-8G4 464-465 County superintendent to conduct 35 52 Credit for attending 108 101 861 Pay for attending 117 105 861 464 Township 861 464 TECHNICAL INSTITUTE, Indianapolis 277-279 199-200 TECHNOLOGY INSTITUTE Purdue University, donation for 710 376 TEMPERANCE Instruction in effect of alcohol and narcotics 124 108 Teachers examined in subjects of alcohol and narcotics. 102 98 TERM OF SCHOOL Duration 71 77 High school Continuance of 119i 106 TEXT-BOOK 483-537 291-324 Bids 484-485 292-293 497 300 502 304 Contracts 485^89 293-295 493-494 298-299 508 306 512 308 527 319 535-537 322-324 County board of education to change 87 86 Governor's proclamation announcing contract 488 295 535 322 Indigent children 500 303 Name and price on cover 509 307 Reading primer 530-532 320-321 Revision 520-525 313-319 Sale , 534-537 321-324 Sale by school officers (repealed) 489-496 295-300 498-499 301-303 501 303 503-506 304-306 512-520 308-314 State board of education Duties. . , ,483-537 291-324 535 TEXT-BOOK Continued. SEC. PAG* Superintendent of public instruction to lmv law printed and distributed 510 308 528 320 Uniformly used , , 507 800 TOWN SUPERINTENDENT See also city superintendent. TOWN SUPERINTENDENT Success grades of teachers given by 46 <'"> Success grades of teachers issued and recorded by 47 03 TOWN TRUSTEES See school trustees. TOWNSHIP In more than two counties 80 $5 TOWNSHIP ADVISORY BOARD See advisory board of township. TOWNSHIP INSTITUTES County superintendents to attend .","> 52 County superintendent to hold a preliminary institute before opening of schools 37 54 TOWNSHIP LIBRARIES See libraries Township. TOWNSHIP TRUSTEE 59-100 70-93 See also school trustees. Abandoned school property conveyed to, by town trustee , . .206-207 152-153 Abandonment of schools 199-201 148-150 Accounts inspected 81 81 Administration of oaths 60 71 Appeals from, to county superintendent 54 67 Appeal to, from school director 132 112 Bond issue, when donation or request is made 161-163 125-126 Compulsory education Names of children furnished by. 548 330 Contract with teacher unlawful under certain condi- tions 104 99 Disposal of special school fund for school house 178 133 Duration of school term maintained by 71 77 Election 63-65 71-72 Emergency for joint school 198 147 Enumeration taken by, and who enumerated 84-85 82-85 Examination of books 82 81 Failure to make report 78 80 Failure to serve . 80 SI 536 SCHOOL LAW OF INDIANA. TOWNSHIP TRUSTEE Continued. SEC. PAGK Fire chief's duties 191 U.'J German language instruction provided by 123 108 High school term Continuance of 119* 106 Indigent children, aid to 543 328 Janitors for school property provided' by 72 77 Joint school established by 192 144 195-197 145-147 Joint school for town and township 208-211 153-155 Medical inspection instituted by 138 114 Member of county board of education 87 85 Neglect of duties 79 81 Night schools maintained by .'. .149-150 118 Purchase of real estate for schoolhouse appraise- ment 172-175 130-132 Record of proceedings and revenue 74 78 Relief for indigent children provided by, after medical inspection 141 115 Removal 83 82 Report 77 79 Report to county superintendent, when the congressional township is in two counties 86 85 Sale of school property 154-155 120-121 School bond sales legalized 90-92 89-90 School director to notify, of his election 125 109 Schoolhouse in annexed territory 159-160 123-124 Schoolhouse site changed 156-158 122-123 School meetings to petition township trustee in regard to repairs, etc. Estimate of cost 127-128 101-111 School physician appointed by 141 115 Teachers employed by 70 75 Teachers of private school in schoolhouse, to report to . . 152 119 Teachers to make reports to 107 100 Teachers' institute 861 464 Term of office 66 72 Text-books, sale by (repealed) 489-^96 295-300 See Text-books Sale 498-499 301-303 501 303 503-506 304-306 512-520 308-314 Title to school lands procured by 151 119 To be clerk and treasurer of township for school pur- poses 73 78 Town or township deficiency reported by 337 232 Township debt certificates issued by, legalized and paid 95-98 90-92 Transfer of pupils 219-232 158-167 Transportation of pupils 202-204 150-151 Women eligible to be 61 71 - Women, to give bond 62 72 INDEX. 537 TRADE AND INDUSTRIAL SCHOOLS SEC. PAGE Cities of first class 277-279 199-200 TRANSFER OF PUPILS 219-232 158-167 Orphans 227-231 164-167 Orphans Tuition 228 165 Outside of state : 232 167 Reason for transfer 219 158 School corporation of 100,000 ." 225-226 163-164 School trustee to transfer pupils instead of establishing high school 70 76 Tuition 220 160 Tuition Date of settlement 224 162 Tuition Outside of state 232 167 Tuition Refusal to make payment 222 162 Tuition indebtedness 230 166 TRANSPORTATION OF PUPILS 202-204 150-151 TRUANCY See Compulsory education. TRUST FUNDS INVIOLATE Constitutional provision . . . 27 UNIFORM ACCOUNTING See Public accounting board. VOTERS' MEETINGS . ..125-127 109-111 WOMEN Bond, as school officers 62 71 Eligible to be school officers 61 71 UNIVERSITY OF CALIFORNIA ], 225967 4-Z