GIFT OF 
 
OCT SO 
 
 Ou! 
 
 KENTUCKY 
 
 SCHOOL 
 
 LAWS 
 
 1912 
 
THE 
 
 Common School Laws 
 
 OF THE 
 
 State of Kentucky 
 
 REVISED TO DATE 
 
 Edited and Published by 
 
 BARKSDALE HAMLETT 
 
 Superintendent of Public Instruction 
 1912 S 
 
 Frankfort 
 
 The Kentucky State Journal Publishing Co. 
 1912 
 
CONTENTS 
 
 Chapter. Page. 
 
 I. Educational Provisions of the Kentucky Constitution 1 
 
 II. General Provisions 4 
 
 III. School Fund 6 
 
 IV. State Board of Education 10 
 
 V. Superintendent of Public Instruction 11 
 
 VI. School Inspection 15 
 
 VII. County Superintendent 17 
 
 VIII. Certification and Duty of Teachers 26 
 
 IX. The School Text Book Law 33 
 
 X. County School District Law 41 
 
 XI. County Bonds 51 
 
 XII. Graded Common Schools 54 
 
 XIII. Teacher's Institute . 67 
 
 XIV. County and District Library 71 
 
 XV. Enforced Attendance . 72 
 
 XVI. Compulsory Attendance Cities of the 1st, 2d, 3d and 
 
 4th Classes 74 
 
 XVII. The Child Labor Law 79 
 
 XVIII. Public Schools in Cities of the First Class 86 
 
 XIX. Public Schools in Cities of the Second Class 108 
 
 XX. Public Schools in Cities of the Third Class 123 
 
 XXL Public Schools in Cities' of the Fourth Class 127 
 
 XXII. The State University 133 
 
 XXIII. Parental Home and School Commission 150 
 
 XXIV. State Normal Schools 152 
 
 XXV. Kentucky Normal and Industrial Institute 166 
 
 XXVI. Decisions, Opinions and Rulings 170 
 
 249021 
 
CHAPTER 1. 
 
 EDUCATIONAL PROVISIONS OF THE 
 KENTUCKY CONSTITUTION 
 
 183. Common Schools to be provided for The General Assem- 
 bly shall, by appropriate legislation, provide for an efficient system 
 of common schools throughout the State. (See sec. 4363, Ky. Stat.) 
 
 184. Fund set apart for common Schools taxation for A. & M. 
 College The bond of the Commonwealth, issued in favor of the 
 Board of Education, for the sum of one million three hundred and 
 twenty-seven thousand dollars, shall constitute one bond of the Com- 
 monwealth in favor of the Board of Education, and this bond and the 
 seventy-three thousand five hundred dollars of the stock in the Bank 
 of Kentucky (now seventy-nine thousand eight hundred), held by the 
 Board of Education, and its proceeds, shall be held inviolate for the 
 purpose of sustaining the system of the common schools. The inter- 
 ests and dividends of said fund, together with any sum which may 
 be produced by taxation or otherwise for the purposes of common 
 school education, shall be appropriated to the common schools, and 
 to no other purpose. No sum shall be raised or collected for educa- 
 tion other than in common schools until the question of taxation is 
 submitted to the legal voters, and the majority of the votes cast at 
 said election shall be in favor of such taxation: Provided, The tax 
 now imposed for educational purposes, and for the endowment and 
 maintenance of the Agricultural and Mechanical College, shall remain 
 until changed by law. (See sec. 4370, Ky. Stat.) 
 
 185. Common School Funds Investment Interest on The 
 General Assembly shall make provision, by law, for the payment of 
 the interest of said school fund, and may provide for the sale of the 
 stock in the Bank of Kentucky; and in case of a sale of all or any 
 part of said stock, the proceeds of sale shall be invested by the Sink- 
 ing Fund Commissioners in other good interest-bearing stocks or 
 bonds, which shall be subject to sale and re-investment, from time 
 to time, in like manner with the same restrictions as provided with 
 reference to the sale of the said stock in the Bank of Kentucky. (See 
 sec. 4370, Ky. Stat.) 
 
 186. Distribution of Fund Surplus due Counties Each county 
 in the Commonwealth shall be entitled to its proportion of the school 
 fund on its census of pupil children for each school year; if the pro 
 rata share of any school district be not called for after the second 
 
2r'^ :: ' ' : SCG)aL- LAWS OP KENTUCKY. 
 
 school year, it shall be covered into the treasury and be placed to 
 the credit of the school fund for general apportionment the follow- 
 ing school year. The surplus now due the several counties shall remain a 
 perpetual obligation against the Commonwealth for the benefit of said 
 respective counties for which the Commonwealth shall execute its 
 bond, bearing interest at the rate of six per centum per annum, pay- 
 able annually, to the counties respectively entitled to the same, and 
 in the proportion to which they are entitled, to be used exclusively 
 in aid of common schools. (See sec. 4375, Ky. Stat.) 
 
 187. Each race to share Fund equally Separate Schools In 
 distributing the school fund no distinction shall be mads on account 
 of race or color and separate schools for white and colored children 
 shall be maintained. 
 
 188. School Fund Money received from United States, part of 
 So much of any moneys as may be received by the Commonwealth 
 from the United States under the recent act of Congress refunding 
 the direct tax shall become a part of the school fund and be held as 
 provided in section 184; but the General Assembly may authorize the 
 use by the Commonwealth of the moneys so received or any part 
 thereof, in which event a bond shall be executed to the Board of Edu- 
 cation for the amount so used, which bond shall be held on the same 
 terms and conditions and subject to the provisions of section 184, con- 
 cerning tha bond therein referred to. (See sec. 4370, Ky. Stat.) 
 
 189. Appropriation for Sectarian purposes forbidden No por- 
 tion of any fund or tax now existing, or that may hereafter be raised 
 or levied for educational purposes, shall be appropriated to, or used 
 by, or in aid of, any church, sectarian or denominational school. (See 
 further, Con., sec. 5.) 
 
 155. School Elections Exceptions in Favor of The provisions 
 of sections 145 to 154, inclusive, (which require a secret ballot in all 
 elections, etc), shall not apply to the election of school trustees and 
 other common school district elections. Said elections shall be regu- 
 lated by the General Assembly, except as otherwise provided in the 
 Constitution. (See sees. 4434, 4458, Ky. Stat.) 
 
 157. Municipal Tax Rate Indebtedness Submission to Voters 
 The tax rate of cities, towns, counties, taxing districts and other 
 municipalities, for other than school purposes, shall not, at any time 
 exceed the following rates upon the value of the taxable property 
 therein, viz: For all towns or cities having a population of fifteen 
 thousand or more, one dollar and fifty cents on the hundred dollars; 
 for all towns or cities having less than fifteen thousand and not less 
 than ten thou-sand, one dollar on the hundred dollars; for all towns or 
 cities having less than ten thousand, seventy-five cents on the hun- 
 dred dollars, and for counties and taxing districts fifty cents on the 
 hundred dollars; unless it should be necessary to enable such city, 
 town, county or taxing district to pay the interest on, and provide a 
 sinking fund for the extinction of, indebtedness contracted before the 
 
SCHOOL LAWS OF KENTUCKY. 3 
 
 adoption of this Constitution. No county, city, town, taxing district, 
 or other municipality shall be authorized or permitted to become in- 
 debted, in any manner or for any purpose, to an amount exceeding, in 
 any year, the income and revenue provided for such year, without the 
 assent of two-thirds of the voters thereof, voting at an election to 
 be held for that purpose; and any indebtedness contracted in viola- 
 tion of this section shall be void. Nor shall such contract be en- 
 forceable by the person with whom made; nor shall such municipality 
 ever be authorized to assume the same. 
 
 BILL OF RIGHTS. 
 
 5. Freedom of conscience Church and State Education No 
 preference shall ever be given by law to any religious sect, society 
 or denomination; nor to any particular creed, mode of worship or sys- 
 tem of ecclesiastical polity; nor shall any person be compelled to at- 
 tend any place of worship, to contribute to the erection or mainte- 
 nance of any such place, or to the salary or support of any minister 
 of religion; nor shall any man be compelled to send his child to any 
 school to which he may be conscientiously opposed; and the civil 
 rights, privileges or capacities of no person shall be taken away, or 
 in anywise diminished or enlarged on account of his belief or dis- 
 belief of any religious tenet, dogma or teaching. No human author- 
 ity shall, in any case, whatever, control or interfere with the rights 
 of conscience. (See further, sec. 189, Con.) 
 
 LOCAL AND SPECIAL LEGISLATION. 
 
 59. Limitations upon ((The General Assembly shall not pass 
 local or special acts concerning any of the following subjects, or for 
 any of the following purposes, namely: 
 
 Sub. Sec. 25. Common Schools To provide for the management 
 of common schools. (See Chap. 113, Ky. Stat.) 
 
 CHILDREN. 
 
 243. Children Age at which they may be employed to be fixed 
 The General Assembly shall, by lav/, fix the minimum ages at which 
 children may be employed in places dangerous to life or health, or 
 injurious to morals; and shall provide adequate penalties for violations 
 of such law. (See sec. 326, Ky. Stat.) (See also Chapters 67 and 68, 
 Acts, 1908.) 
 
SCHOOL LAW 
 
 CHAPTER II. 
 GENERAL PROVISIONS. 
 
 1. A Uniform System There shall be maintained throughout 
 the State of Kentucky a uniform system of common schools in ac- 
 cordance with the Constitution of the State and this chapter. (Ky. 
 Stat. Sec. 4363.) 
 
 2. Common School Defined Any Child may Attend No school 
 shall be deemed a "common school," within the meaning of this chap- 
 ter, or be entitled to any contribution out of the school fund, unless 
 the same has been, pursuant hereto, actually kept, or is under con- 
 tract to be kept, by a qualified teacher for six or more months in all 
 subdistricts during the same school year, and at which every child re- 
 siding in the district between the ages of six and twenty years, has 
 had the privilege of attending, whether contributing towards defray- 
 ing the expenses or not: Provided, That nothing herein shall prevent 
 any person from attending the common school who will obtain the 
 consent of the -trustees and the teachers and pay the required tuition 
 fees. In order that each child of the Commonwealth may enjoy the 
 benefits of a six months' school, the Superintendent of Public Instruc- 
 tion shall for each school year apportion the fund for each county 
 having one or more subdistricts of less than fifty pupil children as fol- 
 lows: He shall apportion to each district, without regard to school 
 population, the per capita of fifty pupil-children, both from the fund de- 
 rived from the State and the interest on the county bond, if any, and 
 pro rate the remainder of the fund among the districts having more than 
 fifty such children. Provided, That any fractional balance shall be 
 omitted in computing the said per capita, and that the aggregate of 
 fractional balances shall be credited to the respective counties, and 
 be taken into account the following year: (Ky. Stat. Sec. 4364, as 
 changed by act 1908.) (The act of 1912 has probably repealed a part 
 of this section.) 
 
 3. Schooi Year The school year shall begin on the first day 
 cf July and end on the thirtieth of June. (Ky. Stat. Sec. 4365.) 
 
 4. School Month School Day Assistant Teachers Twenty 
 school days, or days in which teachers are actually employed in the 
 school room, shall constitute a school month in the common schools of 
 the State; but no teacher shall teach on Saturdays. Teachers shall 
 have the benefit of only such legal holidays as they actually observe. 
 
SCHOOL. LAWS OF KENTUCKY. 5 
 
 Six hours of actual work in the school room shall constitute a school 
 day; and under no circumstances shall the daily session, including 
 recesses and intermissions, exceed nine hours in length. When the at- 
 tendance exceeds fifty, the teacher may employ, during such attend- 
 ance, an assistant, whose scholarship and competency shall be ac- 
 ceptable to the division board of his educational division. When 
 the school shall require an assistant to serve regularly at a salary 
 such assistant shall hold a certificate of qualification and be employed 
 by the division board of his educational division. (Ky. Stat. Sec. 4366, 
 as changed by Act 1908.) 
 
 5. Regulations for Schools Penalties All pupils who may be 
 admitted to common schools shall comply with the regulations estab- 
 lished in pursuance of law for the government of such schools. Willful 
 disobedience or defiance of the authority of the teachers, habitual pro- 
 fanity or vulgarity, or other gross violation of propriety or law, shall 
 constitute good cause for suspension or expulsion from school. (Ky. 
 Stat. Sec. 4367.) 
 
 6. Forbidden Publications and Doctrines No books or other 
 publications of a sectarian, infidel, or immoral character, shall be used 
 or distributed in any common school; nor shall any sectarian, infidel 
 or immoral doctrine be taught therein. (Ky. Stat. Sec. 4368.) 
 
 7. Conditions for Graduation Whenever a pupil of any com- 
 mon school shall have faithfully completed the prescribed course of 
 study, shall have passed a proper examination before the County 
 Board of Examiners, on a series of questions prescribed by the 
 State Board of Examiners and paid to the said county board an exami- 
 nation fee of one dollar, he shall be entitled to a certificate of such 
 completion and examination, signed by said county board, and approved 
 by the Superintendent of Public Instruction who shall affix thereto his 
 official seal. The Superintendent of Public Instruction shall prepare 
 a proper form for said certificate. One such examination shall be held 
 in each county on the last Friday and Saturday in January, and un- 
 other on the second Friday and Saturday in May of each year. (Ky. 
 Stat. Sec. 4369.) 
 
 8. Intoxicating Liquors not to be sold That no person shall 
 sell or otherwise dispose of any spirituous, vinous, or malt liquors 
 within four hundred feet of the campus or grounds of any normal 
 school or university maintained in whole or in part by the Common- 
 wealth of Kentucky. Any person offending against the provision 
 hereof shall, for each offense, be fined not less than ten dollars nor 
 more than fifty dollars, or confined in the county jail for any length 
 of time not to exceed twenty-five days, either or both so fined and 
 imprisoned, in the discretion of the court or jury trying the case. 
 (Acts of 1912.) 
 
6 SCHOOL 'LAWS OF KENTUCKY. 
 
 SCHOOL SUFFRAGE FOR WOMEN. 
 '.v " i 
 
 ACTS OF 1912. 
 
 9. Qualifications That all women possessing the legal qualifi- 
 cations required of male voters in any common school election, and 
 who in addition are able to read and write, shall be qualified and en- 
 titled to vote at all elections of school trustees and other school offi- 
 cers required to be elected by the people, and upon all school measures 
 or questions submitted to a vote of the people; and all women possess- 
 ing the legal qualifications required as to males shall be eligible to 
 hold any school office or office pertaining to the management of 
 school. Provided, however, that this act shall not apply to any elec- 
 tion the qualifications of the voters at which are otherwise prescrib- 
 ed by the Constitution nor to any office as to which the Constitution 
 otherwise prescribes the qualifications of the persons eligible there- 
 to. 
 
 10. Registration In all places where a registration of the 
 qualified voters is now or may hereafter be required, women who are, 
 by this act, qualified to vote shall be registered at the same time and 
 place and by the same officers and in the same manner as male vot- 
 ers; their registration, however, being made in a separate book to be 
 furnished by the county clerk as is prescribed by law in the case of 
 male voters. And all the provisions of law relating to the registra- 
 tion of male voters are hereby made applicable to the registration of 
 women qualified to vote by this act. 
 
 11. Separate Ballots When the elections referred to in Sec- 
 tion 1 of this act are held on the same day with the State, county or 
 city elections, separate ballots, similar to those required in other elec- 
 tions, except that they contain only the names of candidates for school 
 officers or questions relating to schools, shall be provided for women* 
 voters qualified under this act; otherwise the elections shall be held 
 according to the provisions of the general election law. (Acts of 1912.) 
 
 CHAPTER III. 
 SCHOOL FUND. 
 
 12. School Fund The school fund shall consist of the "fund 
 dedicated by the Constitution and laws of this Commonwealth for the 
 purpose of sustaining a system of common schools therein: (1) The 
 interest on the bond of the Commonwealth for one million three hun- 
 dred and twenty-seven thousand dollars ($1,327,000.00) in aid of com- 
 mon schools, at the rate of 6 per cent, per annum, payable semi-an- 
 nually on the first day of January and July of each year. (2) The 
 
SOH'OOiL LAWS OF KENTUCKY. 7 
 
 dividends on seven hundred and thirty-five (now seven hundred and 
 ninety-eight) shares of the capital stock of the Bank of Kentucky 
 representing a par value of seventy-three thousand five hundred dol- 
 lars (now seventy-nine thousand eight hundred) owned by the State. 
 The surplus, three hundred and eighty-one thousand nine hundred and 
 eighty-six dollars and eight cents ($381,986.08), now due the several 
 counties, and remaining a perpetual obligation against the Common- 
 wealth for the benefit of said respective counties for which the Com- 
 monwealth shall execute its bond, bearing interest at the rate of 6 
 per cent, per annum, payable annually on the first day of July to the 
 counties respectively entitled to the same, and in the proportion to 
 which they are entitled, to be used exclusively in aid of common 
 schools. Said bond shall be executed by the Governor and attested 
 by the Secretary of State for and on behalf of the Commonwealth of 
 Kentucky, and when said bond is executed the old bond for three hun- 
 dred and seventy-eight thousand nine hundred and forty-six dollars 
 and seventy-one cents, being part of said bond, shall be cancelled and 
 destroyed. (4.) The interest at 6 per cent, per annum, payable semi- 
 annually, on the first day of January and July, on six hundred and six 
 thousand, six hundred and forty-one dollars and three cents ($606,641.- 
 03), received from the United States under an act approved March 2, 
 1891, for which the Commonwealth has executed bond pursuant to an 
 act approved March 12, 1892. (5.) The annual tax of twenty-six and 
 one-half cents on each one hundred dollars of value of all real and 
 personal estate and corporate franchises directed to be assessed for 
 taxation. (6.) Such portions of fines, forfeitures and licenses which 
 may be realized by the State as the amount of taxes for common 
 school purposes bears to the whole State tax other than for the bene- 
 fit of the Agricultural and Me<chanical College. (Ky. Stat. Sec. 4370.) 
 
 13. Claims for Damage to Sheep Surplus to credit of County 
 School Fund At each meeting of the fiscal court the claims for loss 
 or damage to sheep, which have been filed not less than thirty days 
 prior to such meeting, shall be taken up and considered, and rejected, 
 or, if correct and just, allow the same, or such parts thereof as may 
 be deemed right: Provided, That the fiscal court may require addi- 
 tional evidence on any such claims, either by oral testimony or affi- 
 davits. Such claims as are allowed shall be filed with the Auditor, 
 who shall, after the first of January of each year, take up all such 
 claims by counties, and draw his warrants upon the Treasurer in 
 favor of claimant for the amount allowed by the fiscal court: Provided, 
 If the amount of the dog tax fund to the credit of any county be not 
 sufficient to pay all claims for such county, the Auditor shall pro 
 rate the claims from such county. Any surplus remaining to the 
 credit of a county after all such claims are allowed shall be trans- 
 ferred to the credit of the school fund of such county. (Ky. Stat. 
 Sec. 68a, sub-section 4.) (This section has probably been repealed in 
 part by the Acts of 1912.) 
 
8 SCHOOL LAWS OF KENTUCKY. 
 
 14. Entire Annual Resources How Appropriated The forego- 
 ing shall constitute the annual resources of the school fund of Ken- 
 tucky, and shall be paid into the treasury, and shall not be drawn out 
 or appropriated, except to pay the expenses of the State Department 
 of Education of whatever character or kind, and in aid of common 
 schools, as provided in this chapter. (Ky. Stat. Sec. 4371.) 
 
 15. Use of Fund and its Revenue Except as otherwise ex- 
 pressly provided in this chapter, no part of the common school fund, 
 or of the revenue thereof, shall be used for any other purpose than the 
 payment of teachers of common schools, legally qualified and em- 
 ployed in pursuance thereof. (Ky. Stat. Sec. 4372.) 
 
 16. Duty of Auditor The Auditor shall keep the accounts in 
 relation to this fund. He shall, once in each month, make a transfer 
 to the credit of said fund of all receipts into the treasury, with the 
 source of each item, for the benefit of the common schools up 1 to the 
 date of such transfer. He shall allow no expenditures on that ac- 
 count beyond the annual revenue of the fund, and shall see that no 
 county draws more than its proper proportion. (Ky. Stat. Sec. 4373.) 
 
 17. Distribution of net Revenue The net revenue of the fund 
 accruing during each school-year shall constitute the sum to be dis- 
 tributed. But no fees to county judges or clerks, discount on checks, 
 or other incidental expenses, shall be paid out of the distributable 
 share of the revenue apportioned to any county; but such payment, 
 when allowed by the fiscal court, shall be made out of the county 
 levy. (Ky. Stat. Sec. 4374.) 
 
 18. Estimate Pro Rata Apportionment Second Year Fund 
 Extended School Term and Supplement Salary of Teacher Surplus 
 The Superintendent of Public Instruction shall, on or before the fif- 
 teenth day of July in each year, ascertain and estimate for the school 
 year the pro rata share to which each pupil-child will be entitled, ac- 
 cording to the whole number of such children residing in each county 
 and each school district respectively, as shown by the returns of the 
 County Superintendent. If at the time of making such estimate and 
 apportionment, the census returns of the superintendent for any 
 county have not been made to him, he shall use the census returns 
 made for the previous year. It shall be the duty of the Auditor to 
 furnish the Superintendent of Public Instruction such data as may be 
 needed in making such estimate and apportionment. It shall be the 
 duty of the Superintendent of Public Instruction, as soon as practi- 
 cable, to file such a copy of said estimate and apportionment with the 
 Auditor, and to inform each county superintendent of the amount to 
 which each school subdistrict of his county shall be entitled. What- 
 ever difference may exist between the estimated and the actual 
 revenue of the school fund for any school year shall be taken into 
 the account of the estimate and apportionment for the succeeding 
 school year. If the pro rata share of any school be not called for 
 after the second school year, it shall be covered into the treasury and 
 
SCHOOL LAWS OF KENTUCKY. 9 
 
 be placed to the credit of the school fund for general apportionment 
 the following school year. When any school subdistrict in any school 
 year shall have failed to use all or any part of the money due it for 
 such school year such subdistrict shall be entitled to said money for 
 the next school year, which money shall be used either to extend the 
 school term or to supplement the salary of the teacher or teachers 
 employed to teach such school as may be agreed upon by trustees of 
 such subdistrict and the teacher or teachers employed to teach 
 therein; provided, however that any contract or agreement for the 
 use of any money not used in any previous school year, shall be ap- 
 proved by the County Superintendent of Common Schools. A detail- 
 ed statement of the surplus amount to which each county is entitled 
 shall be made out by the Superintendent of Public Instruction and 
 filed and preserved in his office. The bonded surplus in the State treas- 
 ury to the credit of the counties shall bear interest at the rate of 
 six per cent, per annum, and the per capita derived from said interest 
 shall be duly apportioned to the white and the colored schools of the 
 county respectively, and be paid as provided in the following section: 
 Provided, That when any county heretofore established out of the 
 territory belonging to a county or counties having a surplus which 
 has not been apportioned among said counties, and when any new 
 county shall hereafter be established out of territory belonging to a 
 county or counties having such a surplus, then the Superintendent 
 of Public Instruction shall apportion such surplus among the original 
 and new counties in an equitable manner. (Ky. Stat. sec. 4375, as 
 amended by act of General Assembly 1908.) 
 
 (The act of 1912 has probably repealed certain parts of this sec- 
 tion.) 
 
 19. Successive Warrants Distributing School Fund Pay Rolls 
 Fund if insufficient must be distributed proportionately impartially 
 For each school year the Auditor of Public Accounts shall, on the 
 successive warrants of the Superintendent of Public Instruction, dis- 
 tribute the amount of the school fund due each County Superintend- 
 ent of Common Schools, and the amount due each city, town or vil- 
 lage, organized as one district to the Treasurer of the School Board 
 thereof, as follows: On or before the first of October, one-sixth of the 
 whole amount; on or before the first of November, one-sixth of the 
 whole amount; on or before the first day of December, two-sixths of 
 the whole amount; on or before the first of January, one-sixth of the 
 whole amount, and on or before the first of February, the residue, 
 including the undistributed surplus; Provided, That if on the first day 
 of October, November or December, the amount in the treasury to the 
 credit of the school fund be insufficient to admit of a full distribu- 
 tion of the proportion required by this act, then the Auditor of Public 
 Accounts shall, upon the successive warrants of the Superintendent 
 of Public Instruction, distribute the amount of the school fund then 
 on hand proportionately, without preference or partiality to all the 
 
10 SCHOOL 'LAWS OP KENTUCKY. 
 
 school districts in the State as heretofore directed, and in no event 
 shall any school subdistrict entitled to participate be omitted or ex- 
 cluded in any distribution, or a further distribution be made to any 
 district or subdistrict until all other subdistricts have been made 
 equal on any previous distribution theretofore made. (Ky. Stat. Sec. 
 4376, as amended by act of General Assembly, 1904.) 
 
 CHAPTER IV. 
 
 STATE BOARD OF EDUCATION. 
 
 20. How Constituted The Superintendent of Public Instruc- 
 tion, together with the Secretary of State and Attorney-General, shall 
 constitute the State Board of Education. The board thus constituted 
 shall be a body politic and corporate by the name and style of the 
 Kentucky State Board of Education. (Ky. Stat. Sec. 4377.) 
 
 21. Powers as to real and personal estate Custodian of evi- 
 dences The corporation shall take, hold and dispose of real or per- 
 sonal estate for the benefit of the common schools of the State. The 
 bonds, certificates of stock, and other evidences of property held by 
 the board for common school purposes, shall be in the custody of 
 the chairman, and the place of deposit shall be shown by the records 
 of the board. (Ky. Stat. Sec. 4378.) 
 
 22. Chairman Quorum The Superintendent of Public In- 
 struction shall be chairman of the board, and, with one other mem- 
 ber, may control its corporate action at any regular or called meet- 
 ing of the board, of which all the members shall have had timely 
 notice in writing. (Ky. Stat. Sec. 4379.) 
 
 23. Meetings How Called The board shall meet only on writ- 
 ten call of the chairman. (Ky. Stat. Sec. 4380.) 
 
 24. Corporate Acts The corporate acts of the board shall be 
 attested by the signature of the chairman, and his private seal shall 
 stand in lieu of a corporate seal. (Ky. Stat. Sec. 4381.) 
 
 25. Standing Committee The State Board of Education shall 
 constitute -a standing committee, who shall prepare rules, by-laws and 
 regulations for the government of the common schools of the State, 
 which shall be adopted and enforced under the authority and direc- 
 tion of the county superintendents, trustees and teachers; shall pre- 
 scribe regulations for the management of county teachers' libraries, 
 and prepare suitable lists of books for subdistrict libraries with regu- 
 lations for the management thereof; shall prescribe and publish a 
 public graded course of study for the common schools specifying the 
 order of studies, and the time to be allotted to each, which course of 
 study shall be observed by the teacher and enforced by the trustees. 
 (Ky. Stat, gee. 4382,) 
 
SCHOOL LAWS OF KENTUCKY. 11 
 
 26. Course of Study The instruction prescribed by the board 
 shall embrace spelling, reading, writing, arithmetic, English grammar, 
 English composition, geography, physiology and hygiene, civil govern- 
 ment, United States history and the history of Kentucky. After July 
 1, 1893, the nature and effects of alcoholic drinks and narcotics upon 
 the human system shall, in all schools supported wholly or in part 
 by the State, be taught as thoroughly as other required studies to all 
 pupils studying physiology and hygiene* as a part of this branch. (Ky. 
 Stat. Sec. 4383.) 
 
 CHAPTER V. 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 27. Oath Bond Beginning of term The Superintendent of 
 Public Instruction shall take the oath, and enter upon the duties of 
 his office, on the first Monday in January after his election, and shall 
 give bond to the Commonwealth, with good security, for the faithful 
 performance of his duties to be approved by the Governor, with at 
 least twenty-five thousand dollars, the bond to be filed in the office of 
 the Secretary of State. (Ky. Stat. Sec. 4384.) 
 
 28. Salary Office Supplies Clerks His salary shall be two 
 thousand five hundred dollars per annum; besides which, he shall be 
 entitled to all office fixtures, stationery, books, postage, fuel and 
 lights needed to carry on the work of his office. He shall have power 
 to appoint three clerks, namely: A chief clerk, whose salary shall be 
 fifteen hundred dollars per annum, a first clerk whose salary shall be 
 one thousand dollars per annum, and a second clerk, whose salary 
 shall be eight hundred and fifty dollars per annum; said salaries to 
 be paid monthly out of the common school fund. (Ky. Stat. Sec. 
 4385.) 
 
 29. State Board of Examiners The Superintendent of Public 
 Instruction shall appoint two professional educators, who, together 
 with himself shall constitute a State Board of Examiners, who shall 
 examine all applicants, personally applying to them for certificates of 
 qualifications as county superintendents, or for State diplomas or 
 State certificates. The said Board of Examiners shall prepare the ser- 
 ies of questions for the examination of candidates for county super- 
 intendents, as provided in section 49 of this chapter, and also the dif- 
 ferent series of questions for the examination of teachers -as provided 
 in section 79 of this chapter and before forwarding to the county 
 superintendents, shall submit all of the said series to the State 
 Board of Education for their Approval. (Ky. Stat. Sec. 4386.) 
 
 30. Office and Work He shall keep his office at the seat of 
 
 government in such suitable buildings as may be provided, and shall 
 
12 SCHOOL LAWS OF KENTUCKY. 
 
 devote his entire time and attention to the duties of his office. (Ky. 
 Stat. Sec. 4387.) 
 
 31. Accounts Settlements Changes of County Superintendent 
 He shall keep an account of all the orders drawn or countersigned 
 by him on the auditor; of all the returns of settlements and of all 
 changes in the office of county superintendents, which shall be fur- 
 nished to the auditor whenever required. (Ky. Stat. Sec. 4388.) 
 
 32. Biennial report He shall, biennially, on or before the meet- 
 ing of the General Assembly, make report of the condition, progress 
 and prospects of the common schools; the amount and condition of 
 the school fund; how its revenue for the two previous school years 
 has been distributed; the amount produced and disbursed for com- 
 mon school purposes from local taxation or other sources and how 
 and for what the same was expended; an abstract of the county super- 
 intendent's reports, the practicable working of the common school sys- 
 tem of the State, with suggestions as to any alterations it may re- 
 quire; all of which together with such other facts, statistics and in- 
 formation, as may be deemed of interest to be known, he shall de- 
 liver to the contractor for the public printing, and cause to be printed 
 a copy for each school district, and for each county and city super- 
 intendent of schools in the State, seven hundred and fifty copies for 
 the use of the members of the General Assembly and for exchange 
 with the Superintendents of Public Instruction of other States, and 
 five hundred copies for distribution by the superintendent according 
 to his discretion. (Ky. Stat. Sec. 4389.) 
 
 33. Educational Charitable Institutions The Superintendent, in 
 his report, shall set forth the objects, methods of admission, and 
 other general information concerning the institutions for the blind, the 
 deaf and dumb, and the feeble-minded; and, to aid him in his work 
 the superintendents of those institutions shall be required annually 
 by the first day of September, to furnish the Superintendent of Pub- 
 lic Instruction with such condensed statement of their respective In- 
 stitutions as it would be profitable to publish. (Ky. Stat. Sec. 4390.) 
 
 34. Of Certified Copies of Records, etc. Copies of records and 
 papers in his office, certified by him shall in all cases, be evidence 
 equally with the originals. (Ky. Stat. Sec. 4391.) 
 
 35. Blanks Official Documents Instructions He shall prepare 
 suitable blanks for reports, registers, certificates, notices, and such 
 other official documents as may be provided for in this chapter and 
 shall cause the same, with such instructions and information as he 
 may deem necessary to a proper understanding and use of them to be 
 transmitted to the officers and persons intrusted with the execution 
 of the provisions of the school law. (Ky. Stat. Sec. 4392.) 
 
 36. Shall Biennially Edit Laws The Superintendent of Public 
 Instruction shall biennially collect, arrange for publication and index 
 the school laws, omitting all that has been repealed and inserting in 
 its proper place that which is amendatory. (Ky. Stat. Sec. 4393.) 
 
SCHOOL LAWS OF KENTUCKY. 13 
 
 37. Report Neglect of Duty, etc. It shall be his duty to report 
 any neglect of duty or any misappropriations of common school funds 
 on the part of the county superintendents or. trustees of common 
 schools in this Commonwealth to the county attorney whose duty it 
 shall be whenever such neglect of duty or misappropriation of funds 
 shall come to his knowledge, to prosecute such person in the circuit 
 court of the county. (Ky. Stat. Sec. 4394.) 
 
 38. Publications for Annual Distribution He shall have pub- 
 lished, for annual distribution throughout the State, the general 
 school laws of the State, abstracts of the decisions of th appellate 
 courts and of the Attorney-General on points of school law and con- 
 struction thereof, decisions, rules and regulations of the State Board 
 of Education and of the State Board of Examiners, plans and specifi- 
 cations for building school houses; information and instructions in 
 regard to application of the school law and the management of the 
 common schools, important official and legal periods of the school 
 year, with due notice thereof; and such other important facts and 
 data as may be of interest to the public. Acts of 1894. (Ky. Stat. Sec. 
 4395.) 
 
 39. Official Decisions Appeals Records The Superintendent 
 of Public Instruction shall, at the written request of any county super- 
 intendent of common schools, decide any question of difference or 
 doubt touching the administrative duties of officers and teachers of the 
 common schools in his county. The decision of the Superintendent 
 of Public Instruction shall in such case, be final, unless appeal be 
 prosecuted from his decision to the State Board of Education within 
 thirty days. Before rendering such opinion, the superintendent may 
 obtain the advice of the Attorney-General, whose opinion, in writing, 
 shall be conclusive for the time, and sufficient defense against all 
 parties. The decisions of the Superintendent of Public Instruction, 
 and the opinion of the Attorney-General, shall be duly filed and duly 
 recorded in a book kept for that purpose. (Ky. Stat. Sec. 4396.) 
 
 40. Duty in case of Donations, Gifts or Devise Whenever he 
 shall be informed that any donation, gift or devise of any real or per- 
 sonal estate shall have been made to the common school fund of Ken- 
 tucky, it shall be the duty of the Superintendent of Public Instruction 
 to appoint some discreet person, who shall take charge of the real or 
 personal estate so granted, devised or donated and sell and dispose of 
 the same, and pay the proceeds into the State treasury. Before said 
 agent so appointed by the Superintendent of Public Instruction shall 
 proceed to act, he shall give a bond, with good security, to the Com- 
 monwealth, for the faithful discharge of his duties as agent. Said 
 bond shall be given in the county in which the donor, grantor, or de- 
 visor shall have died, or in the county in which the property is sit- 
 uated, the bond to be executed in, and approved by, the county court. 
 The person so appointed shall make a settlement with the county 
 court of his county, once in each year, and shall pay into the treasury 
 
14 SCHOOL LAWS OF KENTUCKY. 
 
 the amount found in his hands after said settlement. The court shall 
 allow said person a reasonable compensation for collecting and paying 
 over said money, not .exceeding ten per cent, on the first five hundred 
 dollars, and five per cent, on the residue, which amount said person 
 shall retain in his hands out of the money collected. For any failure 
 of the person so appointed to discharge the duties under this law, he 
 and his sureties shall be liable to all damages sustained, and for all 
 money collected, with twenty per cent, damages on the amount so col- 
 lected, and which he has failed to pay over. The suit on the bond shall 
 be brought in the name of the Commonwealth of Kentucky, and shall 
 be instituted by the Commonwealth's attorney, or county attorney. 
 The person appointed by the Superintendent of Public Instruction 
 shall have the same power in collecting and settling the estate as an 
 administrator or executor now has by law, may institute and defend 
 all suits in reference to said estate, and sell and convey the real estate 
 by deed. The amount of money paid into the treasury under the pro- 
 visions of this section shall remain there until disposed of by law, 
 and the treasurer and his sureties shall be liable for the same on his 
 official bond. This section shall apply to all gifts, donations or de- 
 vises heretofore or hereafter made to the school fund of Kentucky. 
 But the provisions of this section shall not apply to cases where the 
 terms or conditions of the devises, gifts or donations conflict with 
 said provisions; but, in such cases, the terms or conditions of the de- 
 vise, grant or donation shall be carried out as intended by the person 
 making the same. (Ky. Stat. Sec. 4397.) 
 
 41. Duty to Successor Upon retiring from office, the Superin- 
 tendent of Public Instruction shall deliver to his successor all books, 
 papers and effects belonging to the office, and on failure to do so, shall 
 be fined in a sum not less than one hundred nor more than five hun- 
 dred dollars, to be recovered by indictment in the Franklin Circuit 
 Court. (Ky. Stat. Sec. 4398.) 
 
 42. Expenses to be paid The Superintendent of Public Instruc- 
 tion should visit various portions of the State in the interest of the 
 Common Schools. The necessary expenses thus incurred by the State 
 Superintendent, not to exceed in all five hundred dollars annually, 
 while engaged in such work, shall be paid by the Treasurer and 
 charged to the common school fund; and that the Superintendent is 
 hereby authorized to make monthly requisitions on the Auditor for 
 such expenses, and that he render an itemized account of the same. 
 (Ky. Stat. Sec. 4385a.) 
 
SCHOOL, LAWS OF KENTUCKY. 15 
 
 CHAPTER VI. 
 SCHOOL INSPECTION. 
 
 (Acts of 1912.) 
 
 43. State Superintendent to be Inspector Appointment of As- 
 sistants. That the State Superintendent of Public Instruction be, and 
 is hereby, authorized to act as Special State Inspector and Examiner 
 of all schools in cities, towns and counties in the Commonwealth, re- 
 ceiving funds directly or indirectly from the State or said cities, 
 towns and counties. The State Superintendent of Public Instruction 
 before entering upon this special duty, shall take an oath before 
 some one qualified to administer the oath, to faithfully and diligently 
 perform the duties of this office and shall execute bond with good and 
 sufficient security, to be approved by the Governor in a sum not to 
 exceed ten thousand dollars, which bond shall be filed with the Secre- 
 tary of State. 
 
 The Superintendent of Public Instruction shall receive annually, 
 for such special duty, the salary of $1,500.00, payable monthly out of 
 the State School Fund. 
 
 He shall have power to appoint two assistants at salaries of one 
 thousand dollars per annum, and all necessary contingent and travel- 
 ing expenses for himself and his assistants, when on business per- 
 taining to these official duties. He shall be allowed, not to exceed 
 two thousand dollars per annum for additional clerk hire for this De- 
 partment, in connection with the State Department of Education, that 
 the State Department may be made more efficient in the conduct, 
 supervision, management and inspection of the schools and school 
 revenues of the Commonwealth. These salaries and necessary ex- 
 penses thus incurred, shall be paid by the Treasurer and charged to 
 the common school fund, and the Superintendent is hereby authorized 
 to make monthly requisitions on the Auditor for such salaries and 
 expenses and that he render an itemized account of the same. 
 
 44. Bond to be given by Assistant Inspectors The assistants 
 appointed by the Superintendent may be required by him, subject 
 to the approval of the State Board of Education, to make such bond 
 as they may deem sufficient, to faithfully and diligently perform, 
 under the direction of the State Superintendent, such duties as he 
 may assign them, either in the office of the Superintendent, or on 
 business pertaining to the official inspection duties. Such bond shall 
 be filed in the office of the Superintendent of Public Instruction. 
 
 45. Power to Inspect School Funds and management of all 
 Schools It shall be the duty of the State Superintendent as Special 
 
16 SOHOOL LAWS OF KENTUCKY. 
 
 Inspector, by and through the co-operation of his assistants, to in- 
 spect and examine into the fiscal management and conduct of the 
 office of all school officials, whose duty it is to receive, handle or dis- 
 burse the public school funds either directly or indirectly and to 
 compel an account of said school officials. The said Inspector shall 
 have power to examine into the management of public schools sup- 
 ported in whole or in part by the State and to see that the school 
 laws, rulings, regulations and all by-laws of the State Board of Edu- 
 cation, are enforced and operative in such a way as to best and most 
 equitably distribute the educational equipment of the State and to 
 make the public school system of the State a more efficient system. 
 
 46. May Issue Process to Compel Attendance of Witnesses 
 Penalties He shall, at all times, have access to the papers, books 
 and records of any and all teachers, trustees, superintendents or other 
 public officials, and shall have power to issue process and compel at- 
 tendance of witnesses before him and to administer oaths to and to 
 compel witnesses to testify in any of the investigations he is author- 
 ized to make, and upon the failure of any witness to attend or testify 
 without legal excuse, he shall be deemed guilty of misdemeanor and 
 upon conviction, fined not to exceed $25.00 for each offense. He shall 
 have power to clothe his assistants with full power of attorney to act 
 for him as Inspector. 
 
 47. Report of Misconduct to County or Commonwealth Attorney 
 When he or his assistants shall find any mismanagement, miscon- 
 duct, violation of law, or wrongful or improper use of any County or 
 State school fund, or neglect in the performance of duty on the part 
 of any school official, he shall report any and all such violations of 
 the school laws, when discovered to the State Board of Education, 
 whose duty it shall be, through the State Superintendent, as Special 
 Inspector, or one of his assistants, to call in the assistance of the 
 County Attorney or Commonwealth's Attorney in the county or dis- 
 trict where such violation occurs, to assist in the indictment, prose- 
 cution and conviction of the accused, or if indictment, prosecution and 
 conviction are not warrantable, he shall report such neglect or mis- 
 conduct to the State Board of Education who shall have power to 
 rectify and regulate all such matters. 
 
 48. Emergency Clause The necessity for the immediate opera- 
 tion of the provisions of this act, is so patent that an emergency is 
 hereby declared to exist and this act shall take effect from and after 
 its passage and approval by the Governor. 
 
SCHOOL LAWS OF KENTUCKY. 17 
 
 CHAPTER VII. 
 COUNTY SUPERINTENDENT. 
 
 49. Qualification Certificate Certificate not Required for 
 Re-election There shall be a county superintendent of common 
 schools in each county of the State who shall be possessed of 
 good moral character and ability to manage the common school 
 interests of the county efficiently. He shall possess a good English 
 education and shall be competent to examine the teachers who shall 
 apply to teach the common schools in the county. He shall be twenty- 
 four years old at the time of qualifying, a citizen of Kentucky, shall 
 have resided two years next preceding the election in this county 
 and one year in the county for which he is a candidate. No person 
 shall be eligible to the office of county superintendent unless be shall 
 hold from the State Board of Examiners, a State diploma or a State 
 certificate which will not expire during his proposed term of office; 
 or a certificate of qualification which shall in all respects, be the equiv- 
 alent of a State certificate issued by the State Board of Examiners, 
 on a personal examination held at the State Capitol on the last Fri- 
 day and Saturday in May and June next preceding the election of 
 County Superintendents. The fee for such an examination shall be 
 five dollars and shall be divided among the members of the State 
 Board of Examiners ; the said certificate shall not entitle the holder 
 thereof to teach in the common schools of the State. In counties 
 embracing any city of the first class and maintaining a system of 
 public schools separate and distinct from the common schools of the 
 county, no person shall be eligible to the office of County Superin- 
 tendent other than a resident of such county outside of such city 
 or town. No person shall be eligible to hold the office of County 
 Superintendent excepting such County Superintendents as are now 
 in office and such persons as have obtained a State diploma or State 
 certificate issued by the State Board of Examiners or a certificate 
 as is herein provided for. (Acts of 1912.) 
 
 50. Persons Ineligible for Office No County Judge, Justice of 
 the Peace, Circuit Clerk, County Clerk, County Attorney, County Sur- 
 veyor, Sheriff, Coroner, Assessor, Trustee of a common school district 
 or a teacher while engaged in teaching in any kind of a school, shall 
 hold the office of County Superintendent and the County Superin- 
 tendent shall devote his entire time and attention to the duties of 
 his office. (Acts of 1912.) 
 
 51. Election and Term Exceptions in counties having cities of 
 the first and second class The County Superintendent shall be elect- 
 ed by the qualified voters of each county, qualified to vote in all 
 
18 SCHOOL LAWS OF KENTUCKY. 
 
 school elections at the regular November election, provided by law 
 and shall hold his office for four years from the first Monday in 
 January following his election or until the election and qualification 
 of his successor. The county superintendent shall be elected and the 
 vote canvassed and the result certified by the same officers and in 
 the same manner as in the election of other county officers and within 
 ten days after the election, the clerk of the County Court shall for- 
 ward a copy of the certificate of election to the Superintendent of 
 Public Instruction. In case of controverted right to the office of 
 County Superintendent, the Superintendent of Public Instruction shall 
 have power to recognize a superintendent fro^ among the contestants 
 until the case has been settled; provided, that in counties containing 
 cities of the first or second class, maintaining a system of public 
 schools separate and distinct from the common schools of the county, 
 the County Superintendent shall reside in the portion of the county 
 outside of such city or cities and be elected by the qualified voters 
 of said county residing out of such city or cities. (Acts of 1912.) 
 
 52. Official Bond Conditions Duty of County Clerk Before 
 entering upon the discharge of his duties each county superintendent 
 must enter into a covenant before the County Court of the county to 
 the Commonwealth of Kentucky, with sufficient security in not less 
 than an amount which shall not exceed twice the amount of money 
 that he shall receive at any installment from the State Treasury, as 
 common school funds, for the faithful discharge of his duties, and the 
 said bond shall be renewed each year. Said bond shall be given in 
 duplicate, one copy to be kept on file in the office of the County Clerk 
 and the other to be forwarded by the County Clerk to the Superin- 
 tendent of Public Instruction. It shall be the duty of the County Clerk 
 in forwarding the bond made by the County Superintendent at the 
 time of assuming the duties of his office, to also forward to the Super- 
 intendent of Public Instruction, a certified copy of the order of the 
 court inducting the said superintendent into office. (Acts of 1912.) 
 
 53. Salary Allowed and Paid Out of County Levy It shall be 
 the duty of the Fiscal Court to pay the County Superintendent an an- 
 nual salary, payable monthly, of not less than six hundred dollars 
 ($600.00) after the County Superintendent shall have satisfied the 
 court by a statement subscribed and sworn to by the superintendent, 
 and from such other evidence as may be adduced that he has visited 
 the schools of the county and faithfully executed and performed the 
 duties of his office efficiently and in accordance with law. Said salary 
 shall be paid out of the county levy as the salary is now paid and in 
 his report to the Superintendent of Public Instruction, he shall state 
 the full amount allowed him by the Fiscal Court for his official ser- 
 vices and provided that no salary shall be greater than $2,500.00. The 
 Fiscal Court shall furnish the County Superintendent with a suitable 
 office, free of charge, large enough to accommodate the county teach- 
 ers' library and the assistants employed in his office. 
 
SCHOOL LAWS OF KENTUCKY. 19 
 
 The provisions of this section shall not apply to counties listing 
 less than one million dollars in taxable property for State and county 
 taxation. (Acts of 1912.) 
 
 54. Census Report Responsibility for Errors It shall be the 
 duty of each County Superintendent, on or before the first day of 
 June of each year, to prepare, mail to, and cause to be placed in the 
 hands of the Superintendent of Public Instruction a report, certified 
 by the county judge or clerk that the report is a correct statement, 
 as shown from the census on file in the office of the clerk of the 
 county court, showing the whole number of children, between the 
 ages of six and twenty years residing in his county, and the whole 
 number residing in each subdistrict, including each city and each 
 independent district, described by its number; and he shall be in- 
 dividually responsible to the teacher or the subdistrict for any loss 
 sustained by said teacher or subdistrict by reason of any error made 
 by the said superintendent in reporting the census thereof. He shall 
 superintend the census taken during the month of April by the trus- 
 tee, and not later than the twentieth of March of each year, shall 
 notify the trustee that the boundaries of the subdistrict are as re- 
 corded for the past year in the trustees' register; or if any changes 
 have been made, shall give to the trustee exact notice of such changes, 
 and, in due time, see that the said changes are included in the descrip- 
 tion of the boundary entered in the trustee's register. At the time 
 of such notice, he shall give the said trustee printed or written in- 
 structions for taking the census; caution him against reporting per- 
 sons not legally belonging thereto. He shall base his report upon 
 the census taken during the month of April, and reports thereof 
 made to him by the subdistrict trustee. If such reports are not in 
 from any subdistrict by the tenth of May, the county superintendent 
 shall take, or have the census of such subdistrict taken, the cost of 
 which shall be paid out of the county levy, and the fiscal court may 
 recover from the delinquent trustee the amount so paid. . (Ky. Stat. 
 Sec. 4404 as changed by Act, 1908.) 
 
 55. Text Books for Indigent Children It shall be the duty of 
 each county superintendent, before the opening of the schools each 
 year, and from time to time, by personal observation or from trus- 
 tees and teachers and otherwise, to ascertain the number and cost 
 of text-books upon each of the common school branches needed by 
 the indigent children of each subdistrict and of the county for use in 
 the common schools, and shall report to the county judge the number 
 and kind of books needed, when the county judge shall purchase the 
 books and pay for them by an allowance made by the fiscal court of 
 the county; the county judge shall turn them over to the county 
 superintendent for distribution, taking receipt for the number and 
 value of the books, but the cost of said books shall not exceed in 
 the aggregate one hundred dollars in any county per annum. It is 
 hereby made the special duty of the county and city school super- 
 
20 SCHOOiL LAWS OF KENTUCKY. 
 
 intendents of common schools to report to the county judge the names 
 of all such indigent children furnished them by trustees, and to see 
 that the provisions of this section are faithfully executed. (Ky. Stat. 
 Sec. 4405.) 
 
 56. Additional Facts to be Reported County superintendents 
 and trustees of common schools shall report facts additional to those 
 now required to be reported, whenever, in the judgment of the board 
 or of the Superintendent of Public Instruction, the interest of the 
 common schools of the State shall indicate the necessity therefor. 
 (Ky. Stat. Sec. 4406.) 
 
 57. Payment of Teachers Each county superintendent of com- 
 mon schools shall, on the second Saturday in October, reckoning 
 school months of twenty days, pay the amount due each teacher of a 
 common school for the month or months completed, but not for any 
 fraction of a month, except as provided in section 84 on the certifi- 
 cate of the trustee for the subdistrict and the chairman of the edu- 
 cational division that the school has been legally taught for that 
 period; and thereafter the county superintendent shall, on the second 
 Saturday of each calendar month, pay the salary due each teacher of 
 a common school, for the previous school month or months not pre^ 
 viously paid for, on the certificate of the trustee for the subdistrict 
 and the chairman of the educational division, that the school has 
 been legally taught for the period specified: Provided, That all of 
 said payments shall be made to the teacher personally or on written 
 order, and at the last payment shall be for the entire balance due the 
 teacher, including the undistributed surplus and interest on the county 
 bond; and that any teacher who may violate his contract with the 
 Division Board by refusing to continue his school, shall forfeit any 
 fractional salary that may be due him. In cities and towns organized 
 as single districts, and reporting direct to the Superintendent of 
 Public Instruction, the provisions of this section shall equally apply, 
 or such city or town may receive in January the whole amount due 
 it if it shall so desire. In either case the president or chairman of 
 the school board of such cities or towns shall make the report re- 
 quired of them by this law, under oath direct to the Superintendent of 
 Public Instruction, and he shall draw his warrant on the Auditor of 
 Public Accounts in favor of the treasurer of such school board, which 
 when approved and countersigned by the Superintendent of Public 
 Instruction shall entitle such treasurer to a warrant on the treasury 
 of the State for the amount thereof, and the said treasurer and securi- 
 ties shall be accountable for the same upon his official bond in any 
 action by such school board of which the Superintendent of Public 
 Instruction shall be officially notified. (Ky. Stat. Sec. 4407.) 
 
 58. Penalty for Fraudulent Report of Common Schools Any 
 county superintendent who shall knowingly and wilfully report to the 
 Superintendent of Public Instruction a number of common schools as 
 having been taught in his county greater than the number of such 
 
SCHOOL LAWS OF KENTUCKY. 21 
 
 schools actually taught therein according to law, or a number of chil- 
 dren entitled to tuition in his county greater than the actual number 
 of such children, or otherwise knowingly and wilfully misstates any 
 fact or facts which he is or may be hereafter required by law to re- 
 port to the Superintendent of Public Instruction, shall be deemed 
 guilty of a felony, and, upon conviction thereof be fined in a sum not 
 less than two hundred nor more than five hundred dollars, or im- 
 prisoned in the penitentiary not less than one nor more than ten 
 years, or both fined and imprisoned, in the discretion of the jury, and 
 be removed from office. And all sums recovered from him by due 
 process of law, or by voluntary surrender of the excess taken by him, 
 shall be paid into the school fund. (Ky. Stat. Sec. 4408.) 
 
 59. Annual Settlement Each county superintendent shall on or 
 before the first day of August, annually settle his accounts for the pre- 
 vious school year with the county judge of his county, and forward 
 a copy of said settlement, certified by the clerk of said court to be cor- 
 rect, to the Superintendent of Public Instruction. Said settlement 
 shall embrace all sums received since the date of his last settlement 
 by said county superintendent for the benefit of common schools 
 taught during the school year; a full statement of all such sums paid 
 out by him, for what, to whom, and when paid; and should any part 
 of said fund received by him as aforesaid, remain uncalled for, and 
 not be paid out, he shall immediately refund said amount to the State 
 Treasurer, stating why it was not, for and to what district it belongs, 
 and at the same time notify the Superintendent of Public Instruc- 
 tion that he has refunded the said amount, that he may give said 
 county superintendent proper credit on his books for said amount 
 refunded. The receipt of the Auditor for money refunded shall be 
 a sufficient voucher with the county judge in said settlement. Should 
 the copy of such (settlement fail to reach the Superintendent of 
 Public Instruction by the tenth day of that month it shall be his 
 duty to notify the county judge and the delinquent county superin- 
 tendent of the fact; and upon receiving such notification it shall 
 be the duty of the judge, in case the settlement shall not have been 
 made, immediately to compel a settlement by attachment, as in 
 cases of contempt, and a copy thereof to be forwarded to the Super- 
 intendent of Public Instruction. For his wilful failure to pay out 
 to those entitled thereto any money in his hands for the space 
 of thirty days after the same shall be received by him, or for his 
 wilful failure to make the aforesaid settlement by the time required 
 by law, the county superintendent shall be guilty of misdemeanor and 
 being indicted and convicted thereof he shall be fined in a sum not 
 less than one hundred nor more than five hundred dollars, as well 
 as remain liable on his official bond, and be removed from office. 
 (Ky. Stat. Sec. 4409.) 
 
 60. Annual Report Penalty for Failure. He shall, on or be- 
 fore the first day of August, prepare and mail and cause to be placed 
 
22 SCHOOL LAWS OF KENTUCKY. 
 
 in the hands of the Superintendent of Public Instruction, his official 
 report, showing in tables of details and aggregates, the school sub- 
 districts of his county by number; the name and address of the trus- 
 tee of each subdistrict, with date at which each one's term expires; 
 the subdistricts in which schools were taught and the length of time 
 taught; the highest, lowest and average number of children at 
 school; the cost of tuition of each child for the session and per 
 month; the number of private schools, academies and colleges 
 taught in the county, and length of session of the same, the number 
 of teachers employed male, female and total for the common 
 schools; the average wages of male teachers, female teachers, and 
 of total teachers per month; the name and address of teachers 
 resident in his county, with grades of certificate of each; the amount 
 of money raised for common school purposes in the county, by local 
 tax or otherwise, and for what the same was disbursed; the number 
 and kind of schoolhouses and the values of each; the number of 
 schoolhouses built and the value of each; the number of subdistrict 
 libraries; also county library, if any, and number of volumes in each, 
 and the increase during the year; the amount he has received for 
 official compensation and expenses. For wilful failure to be present 
 at his office at the time appointed to receive reports, or for failing 
 to make the reports herein required, he shall be fined a sum not 
 exceeding fifty dollars. (Ky. Stat. Sec. 4410.) 
 
 61. .Official Record Each county superintendent shall keep a 
 detailed account of all money received and distributed by him; a 
 record of all business transacted by him as county superintendent 
 together with the reports of the trustees; the names, numbers and 
 description of school subdistricts, and all other papers and docu- 
 ments connected with his office, at all times subject to inspection 
 and examination by any school officer or other person interested in 
 any question pertaining to the common schools. (Ky. Stat. Sec. 
 4411.) 
 
 62. May Administer Oath A county superintendent may ad- 
 minister the oath required of a trustee or of a teacher of common 
 schools, or other persons required to make oath in matters relating 
 thereto. (Ky. Stat. Sec. 4413.) 
 
 63. Oath to Trustees Record of Blanks Official Notices 
 He shall administer the oath of office to trustees-elect applying 
 to him for that purpose; but it shall be lawful for any justice of the 
 peace, or other person authorized to administer oaths, to administer 
 the oath of office to any trustee, but said oath shall not be valid un- 
 less reported in writing to the county superintendent by said justice 
 or other person within ten days from the time when administered. 
 He shall make a record of the names of trustees then qualified, 
 showing the subdistricts in which they were elected, and the post- 
 office of each. He shall, at the time, deliver to the trustee of each 
 subdistrict such blanks as they will need for the coming school-year, 
 
SCHOOL LAWS OF KENTUCKY. 23 
 
 and give such information with regard to their duties as may be re- 
 quested. He shall address all official correspondence to the trustees. 
 Notice to them shall be regarded as notice to the people of the sub- 
 district, and it shall be the duty of the trustee to notify the people. 
 (Ky. Stat. Sec. 4414.) 
 
 64. (Attendance at Office It shall be the duty of the county 
 superintendent to be in attendance at his office, at the county seat, 
 on the second Saturday of each month, and at such other times as 
 may be necessary to transact his official business. (Ky. Stat. Sec. 
 4415.) 
 
 65. Penalty for Buying Teacher's Claim or Acting as Text- 
 Book Agent No county superintendent shall be allowed to buy for 
 himself, or another any teacher's claim, directly or indirectly, or to 
 act as agent for the sale of any text-book. Any superintendent guilty 
 of violating this section shall be fined not less than one hundred 
 nor more than one thousand dollars for each offense. (Ky. Stat, 
 Sec. 4416.) 
 
 66. May Suspend or Remove Trustee Condition For incom- 
 petency, neglect of duty, immoral conduct, or other disqualification, 
 <the county superintendent may suspend or remove from office any 
 trustee of any school under his supervision. But before a county 
 superintendent shall suspend any trustee he shall give said 
 trustee at least five days' notice of the charges made against him, 
 and give the trustee an opportunity to produce evidence and defend 
 any action against him. (Ky. Stat. Sec. 4417.) 
 
 67. Official Decisions Appeals Relations to Superintendent of 
 Public Instruction The county superintendent shall decide all ques- 
 tions of difference or doubt touching the administrative duties of 
 the officers and teachers of common schools in his county; but ap- 
 peals from his acts and decisions may be had, on petition of any 
 interested person, to the Superintendent of Public Instruction. The 
 county superintendents shall conform to such reasonable rules and 
 requirements as the Superintendent of Public Instruction shall, from 
 time to time, prescribe and announce to them. (Ky. Stat. Sec. 4418.) 
 
 68. Compensation for Services Salary $400 $1,500 For all 
 the services rendered and the expenses incurred by the county su- 
 perintendent under the provisions of this law, he shall be allowed a 
 salary annually by the fiscal court of his county, based on the number 
 of children reported in the census report of the subdistrict trustee 
 of such county; which salary shall not be less than eight cents 
 nor more than twenty cents for each pupil child thus reported. Be- 
 fore the court shall allow the salary, it shall be satisfied, from the 
 statement subscribed and sworn to by the superintendent, and from 
 such other evidence as may be adduced, that he has visited the 
 schools of the county, and that the said services have been faithfully 
 and efficiently performed according to law. Said salary shall be 
 paid out of the county levy as the salary of tfce county Judge is now 
 
24 SCHOOL LAWS OF KENTUCKY. 
 
 paid, and in his report to the Superintendent of Public Instruction, 
 he shall state the full amount allowed him by the fiscal court for 
 his official service. Provided, however, That no salary shall be less 
 than $400 nor greater than $1,500. In fixing the salary of the said 
 superintendent, no child shall be counted or enumerated who is un- 
 der a city school superintendent of a city of the first, second, third 
 or fourth class. The fiscal court shall furnish the county superin- 
 tendent with a suitable office, free of charge, large enough to ac- 
 commodate the county teachers' library. (Ky. Stat. Sec. 4419.) 
 
 (This section was probably repealed in part or in whole by the 
 Acts of 1912). 
 
 69. How Vacancy in Office is to be Supplied Removal from 
 Appeals In case of the death, removal or resignation, refusal to 
 serve or inability of the county superintendent elected to give the 
 bond required or to perform the duties of the office, a successor shall 
 be appointed or elected as follows: If the unexpired term will end 
 at the next succeeding annual election, or if the unexpired term will 
 not end at the next succeeding annual election, and three months 
 intervene before said annual election, the county judge of each county 
 is authorized to appoint a successor, duly qualified according to sec- 
 tion 49 of this law to continue in office until the next succeeding an- 
 nual election, when one shall be elected for the unexpired term. If the 
 unexpired term does not end at the next succeeding annual election, 
 and three months does not intervene between the happening of said 
 vacancy and the next succeeding annual election, the county judge 
 shall appoint a successor of said qualification to continue in office 
 until the second succeeding annual election when one shall be elected 
 for the unexpired term. In case of a vacancy in this office the 
 county judge shall, as soon as practicable, notify the Superintendent 
 of Public Instruction, and request him to appoint a day and furnish 
 questions for an examination to fill said vacancy; and the said exam- 
 ination shall be conducted in a manner prescribed by law. The 
 county court may, at any regular term, after ten days' notice, re- 
 move a county superintendent for inability, or habitual neglect of 
 duty, or malfeasance in office. An appeal to the circuit court may 
 be taken from the order of the county court removing the super- 
 intendent, and from the circuit court to the Court of Appeals, as in 
 civil actions. (Ky. Stat. Sec. 4420.) 
 
 70. Duty to Successor Each county superintendent, when lie 
 resigns, vacates, is removed or goes out of office, shall immediately 
 thereafter deliver to his successor or to the county court clerk for 
 him, any money, property, books, effects, or papers remaining in 
 his hands as county superintendent, and within ten days shall settle 
 with the county court, and for a failure to do so shall be fined not 
 less than fifty dollars nor more than one hundred dollars. It shall 
 be the duty of the county clerk to forward a certified copy of said 
 
SCHOOL, LAWS OF KENTUCKY. 25 
 
 settlement to the Superintendent of Public Instruction. (Ky. Stat. 
 Sec. 4421.) 
 
 71. (Superintendent of Schools and Clerk to Furnish Boundary to 
 Company It shall be the duty of the county superintendent of county 
 schools in each county in which a railroad or bridge is operated to 
 furnish, on or before the first day of July of each year, to such rail- 
 road or bridge company or companies, the boundary of each graded 
 or common school district through or into which any part of such 
 railroad or bridge or other railroad or bridge property is situated; 
 and the county clerk of any county containing any other taxing dis- 
 trict through or into which any railroad or bridge is located shall 
 make a similar report to such railroad or bridge company. Any 
 county superintendent or county clerk failing to make report as 
 herein required, or who shall make false report, shall be deemed 
 guilty of misdemeanor, and, upon conviction, shall be fined not less 
 than fifty nor more than one hundred dollars for each offense. 
 
 72. School Tax Paid to Superintendent All taxes against any 
 railroad or bridge company, which shall be levied in any common 
 school district, shall be paid to the superintendent of common schools 
 of the county for the benefit of the district entitled thereto. 
 
 73. White and Colored School Districts The provisions of this 
 law shall not be construed to apply ito any colored school district: 
 Provided, That the same rate of taxation assessed against the real 
 estate of any railroad or bridge company or corporation in any 
 graded school district or common school district, in any year, shall 
 be assessed against all of the taxable property in such district, and 
 the railroad or bridge tax when collected, shall be paid over to the 
 county superintendent of the county in which the district school 
 house wherein the tax assessed shall be situated, and shall constitute 
 and be held by the county superintendent as a graded or common dis- 
 trict school fund; and the said fund shall be apportioned and dis- 
 tributed by the county superintendent between the white graded com- 
 mon school or white graded common school district wherein said tax 
 shall be collected and any colored common school district which shall 
 be located over the same boundary; the distribution shall be in the 
 same ratio that the whole number of white children of pupil age and 
 the whole number of colored children of pupil age residing in the dis- 
 trict shall bear to the whole number of children, white and colored, 
 residing in the district wherein such tax shall be collected. 
 
 74. Rate of Taxation Bridges Auditor to Notify Clerks The 
 same rate of taxation for State purposes which is or may be in any 
 year levied on other real estate, shall be, and is hereby levied upon 
 the value, so found by said board, of the railroad bridge, rolling stock 
 and real estate of each company; and the same rate of taxation lor 
 the purposes of each city, town, part of a 'county or tax district, of 
 any kind, in which any portion of any railroad or bridge is located, 
 which is, or may be in any year levied on other real estate of said 
 
26 -SCHOOL LAWS OF KENTUCKY. 
 
 company therein, and of the number of miles on said road, there'in, 
 reckoned as of the value of the average of each mile of such rail- 
 road, with its rolling stock, as ascertained as aforesaid; Provided, 
 That railroad bridges, spanning any river which constitutes the boun- 
 dary or State line of the Commonwealth, shall be assessed as of the 
 counties in which they are located, and local tax derived therefrom 
 shall be applied to each city, town, county or tax district in which 
 said bridges are or may be located. And immediately after said 
 board shall have completed its valuations each year, the Auditor of 
 Public Accounts shall notify the clerk of each county court of the 
 amount so assessed for taxation in his county, and each railroad or 
 bridge company of the amount of its assessment for taxation for 
 State purposes and for the purposes of such city, tpwn, county, part of 
 county and tax district. 
 
 CHAPTER VIII. 
 CERTIFICATION AND DUTY OF TEACHERS. 
 
 75. Qualifications of Members The county superintendent shall 
 appoint two strictly moral and well-educated persons, holding county 
 certificates of the first class, State certificates, State diplomas or 
 diplomas from some literary institution of high learning, who, to- 
 gether with himself, shall constitute a board of examiners for the 
 county. No person shall be eligible as examiner on said county board 
 who is at the time or for six months previous thereto, has been con- 
 ducting or teaching in any school, college or university where teach- 
 ers or those preparing to teach are making preparation to be exam- 
 ined for certificates to teach in the common schools of this State. Be- 
 fore they shall be authorized to act in any capacity as such board, 
 or grant any certificates, said examiners shall take and subscribe to 
 an oath that they will faithfully discharge their duties as required by 
 the common school law, and the said affidavit shall be filed in the 
 office of the clerk of the county court. (Ky. Stat. Sec. 4422.) 
 
 76. Duties of State and County Boards as to Questions, Exam- 
 inations, Certificates Dates Order of Subjects Improper Persons 
 County certificates shall be granted by the county board of examin- 
 ers to persons not under eighteen years of age, upon written exami- 
 nations upon the science and art of teaching, and upon the subjects 
 embraced in the common school course, including, in connection with 
 physiology and hygiene, the effects of alcoholic drinks and narcotics 
 upon the human system, held in each county of the State for white 
 teachers upon the third Friday and Saturday in May, June, July and 
 August, of each year, and for colored teachers upon the fourth Friday 
 and Saturday of the same months; and no examinations shall be held 
 
SCHOOL LAWS OF KENTUCKY. 27 
 
 at any other time whatever. No certificate shall be issued upon the 
 days of examination; nor shall any answers be passed upon in the 
 presence of any applicant. The State Board of Examiners shall 
 carefully prepare four series of questions for white teachers, and an 
 equal number for colored teachers, all of the same grade; shall en- 
 close in a separate envelope such number of questions of each given 
 series as the county superintendent shall make requisition for at 
 least twenty days before the examination, with the name of the sub- 
 ject plainly written or printed across the seal thereof; shall enclose 
 the several envelopes in a package, which they shall seal and for- 
 ward by registered mail or by express to each county superintendent 
 at least two weeks before the examination, designating the month for 
 which the same shall be used. The county superintendent shall care- 
 fully preserve the said package of questions under seal until the hour 
 of examination; and the seal of the said package shall then be exam- 
 ined by the other examiners and the applicants for certificates, and 
 the package shall be opened in their presence. Immediately after 
 examining the package of questions each of -the county examiners 
 shall, under his oath as examiner, upon blanks furnished for that 
 purpose by the Superintendent of Public Instruction, give a separate 
 certificate, with the signature attested by two reliable witnesses, 
 that he had personally inspected the said package, and whether he 
 had found the same intact, as provided herein, and forward the certifi- 
 cate to the Superintendent of Public Instruction on the same day. The 
 examiner shall allot a reasonable time for the examination upon each 
 subject, -taking the subjects in 'the order named in the section, 
 specifying the subjects embraced in the common school course, and 
 shall collect the answers of all the applicants when the time allotted 
 has expired; and, after the first subject is presented to the applicants, 
 the said examiners shall not present any other subject, or open the 
 envelope thereof, until they collect the answers of all applicants to 
 all questions previously presented. The said examiners shall not ex- 
 amine any applicant until they are fully satisfied that said applicant 
 possesses 'an unexceptionable moral character, and is of the age 
 herein prescribed; and, in no event, shall a certificate be granted to any 
 person who indulges in drunkenness, profanity, gambling or licentious- 
 ness, or who, within th belief of the examiners, has had improper ac- 
 cess to the examination questions. They shall, during the examina- 
 tion, exclude from the room all persons other than applicants, see that 
 the applicants are seated at a proper distance from each other, and 
 shall see that no assistance is given or obtained by any applicant 
 during the examination, and shall refuse to grant a certificate to any 
 applicant who may either obtain or give such assistance. The county 
 superintendent, and at least one of the examiners, shall be present, 
 and shall conduct all examinations and sign all certificates. The 
 county superintendent and other examiners shall have full power, 
 and it shall be their duty to make investigation as to the moral char- 
 
28 SCHOOL LAWS OF KENTUCKY. 
 
 acter of applicants; and the county superintendent shall also have 
 full power to administer an oath as to improper use of questions, 
 and as to other matters, touching the qualification of teachers under 
 this act. (Ky. Stat. Sec. 4425.) 
 
 77. (Certificates of Qualification There shall be three grades 
 of certificates issued to teachers of common schools: First, a State 
 teacher's diploma; second, a State teacher's certificate, and third, 
 a county certificate which may be a first class, second class or third 
 class. Before any person shall be qualified to teach any common 
 school, such person shall obtain one of these three grades of certifi- 
 cates. (Ky. Stat. Sec. 4501.) 
 
 78. State Diploma Fee $5.00 State diplomas may be issued 
 by the State Board of Examiners after a personal examination held at 
 the State Capital on the last Wednesday of June and August of each 
 year, upon the subjects embraced in the common school course of 
 study, and also upon the science and art of teaching, psychology, Eng- 
 lish literature, algebra, higher arithmetic, geometry, physics and ele- 
 mentary Latin. In order to be entitled to a State teacher's diploma, 
 the applicant, in addition to attaining on the required examination an 
 average grade of not less than ninety per cent, the lowest grade on 
 any subject being not less than seventy per cent., shall be at least 
 twenty-four years old, and shall have taught in the State at least two 
 years, and shall present satisfactory evidence of unexceptionable 
 moral character. A State diploma shall be good in all schools 
 throughout the State, maintained wholly or partly by the State, until 
 revoked by the Superintendent of Public Instruction, or until the 
 holder shall fail for two successive years to be engaged in active 
 school work. It shall qualify the holder for eligibility as candidate for 
 the office of county superintendent of common schools, and may, for 
 cause, be revoked by any county superintendent, subject to the ap- 
 proval of the State Board of Education, as far as it applies to his 
 county, of which immediate information shall be given the Superin- 
 tendent of Public Instruction. A State diploma shall be impressed 
 with the seal of the State Board of Examiners, and the fee of the ap- 
 plicant shall be five dollars, which shall be paid to the two members, 
 who, with the Superintendent of Public Instruction, compose the 
 State Board of Examiners. (Acts of 1894.) (Ky. Stat. Sec. 4502.) 
 
 79. State and County Certificates Forward Papers to State 
 Board Written Statement 8 Years Renewal Fee $4.00 Third Class 
 one only Incompetent, Immoral Teachers Annual Renewal A State 
 teacher's certificate may be granted by the State Board of Examiners 
 upon the recommendation of the county board of examiners, after a 
 written examination, held in applicant's county, attaining an average 
 grade of at least ninety per cent., the lowest grade upon any sub- 
 ject being not less than seventy per cent, upon the subjects embraced 
 in the common school course of study, and also upon English liter- 
 ature, elementary algebra, higher arithmetic, and the science and art 
 
SCHOOL LAWS OF KENTUCKY. 29 
 
 of teaching, including the elements of psychology. In order to be en- 
 titled to a State certificate, the applicant, in addition to passing the 
 required examination, shall be at least twenty-one years old, shall 
 have had two years' experience in teaching, and shall present satis- 
 factory evidence of unexceptionable moral character. The questions 
 for the examination of applicants for State certificate shall be for- 
 warded by the State Board of Examiners, with the questions for the 
 June and August county examinations, at the same time, in the same 
 package, and be preserved and opened at the same time as the ques- 
 tions for county certificates. The applicants for State certificates 
 shall be examined on the same days upon which the applicants for 
 county certificates are examined, in June and August, and immediate- 
 ly upon the close of the examination for State certificates, the county 
 superintendent shall collect the papers of each applicant for a State 
 certificate, preserve them from all inspection, make such examina- 
 tion of them as will enable the said county board, with their per- 
 sonal knowledge of the applicant, to make a recommendation to the 
 State Board of Examiners that a State certificate should or should 
 not be granted, and forward the same by registered mail to the State 
 Board of Examiners, with a recommendation as to the granting of a 
 State certificate. No applicant shall be examined for a State certificate 
 unless the said applicant is known to the county superintendent to 
 possess an unexceptionable moral character, and to possess the age 
 and experience herein required. With the answers as forwarded to 
 the State Board of Examiners, the county superintendent shall in- 
 close a written statement in proper form, signed and sworn to by 
 at least two members of the local examining board, that the exami- 
 nation had been held in strict accordance with the law, and that the 
 applicant had not, either directly or indirectly, received any assist- 
 ance, and that the moral character of the applicant is unexceptionable. 
 If the answers and statements are deemed sufficient, if the recom- 
 mendation of the county board be favorable, the State Board of Ex- 
 aminers may issue a State certificate, w r hich shall entitle the holder to 
 teach in the common schools of the State, graded or city schools, fo r 
 a period of eight years, unless revoked by the Superintendent of Pub- 
 lic Instruction, or unless the holder shall fail for two successive years 
 to be engaged in active school work. At the expiration of the time 
 for which it was granted, if it shall not have been revoked by the 
 Superintendent of Public Instruction, and if the holder shall not 
 have failed for two successive years to be engaged in active school 
 work, a State certificate may be renewed for another eight years 
 by the State Board of Examiners without additional fee, upon the 
 recommendation of the board of examiners of the county whereof 
 the holder shall at that time be a resident. Any county superin- 
 tendent may, for cause, revoke a State certificate as far as it ap- 
 plies to his county, of which immediate information shall be given 
 to the Superintendent of Public Instruction, and be subject to his ap- 
 
30 SCHOOL LAWS OF KENTUCKY. 
 
 proval. A State certificate shall be impressed with the seal of the 
 State Board of Examiners, and the fee charged the applicant shall be 
 four dollars, besides the registration fee for forwarding the answers, 
 of which one dollar shall be paid to the county board of examiners. 
 The proceeds of the fees for examination for State certificates and 
 of the examination of candidates for county superintendent, shall be 
 divided between the two professional members of the State Board of 
 Examiners in proportion to the services rendered by them. County 
 certificates shall be first class, second class, or third class, and shall 
 apply only to the county in which they are issued, and shall be good 
 for four years, two years and one year, respectively. Third class 
 certificates shall not be issued more than once to the same person in 
 any event. After July 1, 1894, a certificate of the third class shall 
 not entitle the holder to teach in any district reporting fifty-five or 
 more pupil children, nor shall a certificate of the second-class entitle 
 the holder to teach in any district reporting seventy-five or more 
 pupil children. A county certificate of the. first class shall require an 
 average grade of 85 per cent, upon all subjects of the common 
 school course, and upon the science and art of teaching; and the low- 
 est grade on any subject shall not be less than sixty-five per cent. 
 A county certificate of the second class shall require an average 
 grade of seventy-five per cent., and the lowest grade on any subject 
 shall not be less than fifty-five per cent. A county certificate of the 
 third class shall require an average grade of sixty-five per cent., and 
 the lowest grade on any subject shall not be less than fifty per cent. 
 If, at any time, the holder of a county certificate shall be found in- 
 competent, inefficient, immoral, or otherwise unworthy to be a teacher, 
 the county superintendent shall revoke the certificate of such person; 
 and any teacher dismissed from school on such grounds shall be en- 
 titled to receive payment for services only up to the time of dis- 
 missal. Nothing in this act shall be construed to require any teacher 
 now holding a teacher's certificate to be examined until the expira- 
 tion of said certificate. A person having taught for eight consecutive 
 years in the same county under first-class certificates, obtained as 
 hereinbefore provided, may have the last one renewed annually for 
 four years by the county superintendent, who shall write upon it "Re- 
 newed/- sign officially,- and give date of such renewal. (Ky. Stat. Sec. 
 4503.) 
 
 80. Penalty for Improperly Granting Certificates Any county 
 superintendent or county examiner who shall knowingly grant to any 
 immoral person, or to any person under the prescribed age, a certifi- 
 cate to teach in the common schools, shall be guilty of a misdemeanor 
 and, upon conviction thereof, shall be fined not less than fifty nor 
 more than one hundred dollars for each offense. Any county super- 
 intendent, county examiner, printer, officer of State or county, or any 
 other person who shall sell, barter, give or furnish or procure to be 
 sold, bartered, given or furnished, to any applicant for a certificate to 
 
SCHOOL LAWS OF KENTUCKY. 31 
 
 teach in the public schools, or to any other person, any question or 
 questions prepared or sent out by the State Board of Examiners for 
 the examination of persons applying for such certificate, or in any 
 way dispose of such question or questions, except in the manner pro- 
 vided by law, shall be guilty of a felony, and 'shall, upon conviction, 
 be punished by confinement in the State penitentiary not less than 
 one year nor more than two years. The county board of examiners 
 shall charge each applicant a fee of one dollar for each examination 
 made, 'the proceeds of which shall be divided between the two mem- 
 bers of the board appointed by, and acting with, the county superin- 
 tendents in proportion to the services rendered by them. (Ky. Stat. 
 Sec. 4426.) 
 
 81. Oath of Applicant All applications for teachers', county or 
 State certificates, or State diplomas in the Commonwealth of Ken- 
 tucky, immediately before entering upon examination shall subscribe 
 to the following oath, which shall be presented to them by any of 
 the Board of Examiners, viz.: "I do solemnly swear (or affirm) that 
 I have not had access, directly or indirectly, to the State Board or 
 other questions to be used in this examination, and that I have no 
 personal knowledge of any unlawful usage of the aforesaid questions 
 by any other person or persons, which knowledge I have not com- 
 municated to the grand jury, county attorney or county superintendent 
 of schools of the county in which the aforesaid person or persons 
 did unlawfully use or attempt to use said questions." 
 
 The Superintendent of Public Instruction shall furnish each county 
 superintendent in the Commonwealth with a sufficient number oi! 
 copies of the oath prescribed in this act, printed on sheets with blank 
 space below for names and addresses of applicants. Each copy, after 
 being subscribed to by applicants as provided in this act, shall be 
 dated and signed officially by the Board of iBxaminers and preserved 
 in the office of the Superintendent of Public Instruction or county 
 superintendent of common schools as a public record. 
 
 Any Superintendent of Public Instruction or county superintendent 
 of common schools or Board of Examiners for teachers/ county or 
 State certificates or State diplomas failing to comply with the pro- 
 visions of the act shall be guilty of a misdemeanor and, upon con- 
 viction thereof, shall be fined in a sum not less than fifty dollars nor 
 more than one hundred dollars for each offense. (Ky. Stat. Sec. 4425.) 
 
 82. Must Grade School, Keep Grade Book and Make Reports 
 Summary It shall be the duty of each teacher of a common school 
 to keep such register of the school as the State Superintendent may 
 require of and furnish to him as needed, through the county super- 
 intendent. The teacher's register shall be the property of the subdis- 
 trict; shall be systematically graded for at least four years' work; 
 shall be well preserved, without mutilation or useless marking; shall 
 be in the care of the teacher during the school term, and at the close 
 thereof, shall be delivered to the chairman of the division board, who 
 
32 SCHOOL LAWS OF KENTUCKY. 
 
 shall be responsible for it, and deliver it to the teacher at the- open- 
 ing of the next school term, and it shall be open at all times to the 
 inspection of the trustee and the county superintendent. The section 
 allotted to each year shall be divided into two parts, designated as 
 monthly summary and term summary. The monthly summary shall 
 show the day of the week and the day of the month upon which the 
 term began; the day of the week and of the month of each day 
 taught; the number of pupils enrolled; the number in attendance each 
 day; the name, -sex and weekly standing of each pupil in each sub- 
 ject, and such other facts as the Superintendent of Public Instruction 
 may desire. On the last day of each month taught, the teachers shall 
 sum up and place at the end of the record for the month the facts 
 herein required to be kept, with the day of the week and month on 
 which the school month closed; the highest and lowest number of 
 pupil children in attendance, the average percentage of the attendance 
 of the whole number of pupil children in the district. The term sum- 
 mary shall show the monthly statement made at the end of each 
 month, the percentage of the enrollment of the whole number of 
 pupil children in the district, the highest, lowest and average num- 
 ber of children in attendance, the average percentage of children of 
 the district in attendance, the number of pupils in each class, the 
 name of the text-book used in each class, the point reached by each 
 pupil in each book at the close of the term, the names of all pupils 
 that should be advanced, the class of the teacher's certificate, his 
 average monthly salary, and such other facts as may be required in 
 the register. (Ky. Stat., Sec. 4504.) 
 
 83. (Superintendent of Public Instruction to Furnish Blanks 
 Character of Reports Term Report False Certificate The Super- 
 intendent of Public Instruction shall provide for each teacher a blank 
 monthly report for each month to be taught, and also a blank term 
 report. At the end of each month taught, the teacher shall fill the 
 monthly report of that month from the facts summed up in the 
 monthly summary of the register, and shall present the monthly re- 
 port to the chairman of the division board, who shall carefully ex- 
 amine it, and if found correct he shall, if requested by the teacher, 
 fill out and sign a certificate attached to the monthly report, certify- 
 ing that the month has been legally taught; and upon the chairman's 
 certificate the teacher shall draw his salary from the county super- 
 intendent for the month so certified, after the monthly report has 
 been duly delivered to the county superintendent. Within ten days 
 after the close of the last month of the term, the teacher shall make 
 out the term report from the term summary in the register; shall 
 present the term report, the last monthly report, and the teacher's 
 register to the chairman, who shall carefully inspect them and ap- 
 prove the report, if correct, make out the chairman's annual report, 
 and shall then give the teacher certificates for the month or months 
 nor previously certified, and shall place the chairman's annual report 
 
SCHOOL LAWS OF KENTUCKY. 33 
 
 in the teacher's hands for the delivery to the county superintendent. 
 Nothing herein shall be construed to prevent a chairman of the divi- 
 sion board from certifying to, or a county superintendent from paying 
 for, a fraction of a month in any case in which the teacher, from sick- 
 ness or other disability, shall be unable to continue the 'school. Any 
 teacher who shall make a false monthly or term report, or any chair- 
 man who shall give a certificate of a month or months taught before 
 he has carefully examined and approved the report of each month, 
 or any county superintendent who shall make a payment upon a 
 teachers' salary, except upon the chairman's certificate, shall be 
 guilty of a misdemeanor, and, on conviction, be fined fifty dollars for 
 each offense. (Ky. Stat. Sec. 4505.) 
 
 84. Required Duties Penalty for Wilful Refusal or Neglect- 
 Authority Appeal Teachers shall faithfully enforce in school the 
 course of study, the use of the text-books adopted in the county, and 
 the regulations prescribed in pursuance of law; and if any teacher 
 shall wilfully refuse or neglect to comply with such regulations, the 
 Division Board may remove him, at any time, subject to the approval 
 of the county superintendent; and in case of 'Such dismissal or re- 
 moval, the said teacher shall receive payment only for the time 
 laught. The teacher is authorized and directed to hold each pupil to a 
 strict accountability for any disorderly conduct on the playground, 
 or during any intermission or recess, or on the road to and from 
 school; and for good cause he may suspend any pupil; but such sus- 
 pension shall be immediately reported, in writing, to the chairman of 
 the division board. In cases of suspension, the action of the teacher 
 shall be final unless reversed by the division board. Either party 
 may appeal from the decision of the division board to the county 
 superintendent whose decision shall be final. But no teacher shall 
 be required or under any obligation to teach any other than the com- 
 mon school branches prescribed by the State Board of Education in 
 the common schools, unless it shall be so specified in a written con- 
 tract with the division board. (Ky. Stat. Sec. 4506.) 
 
 CHAPTER IX. 
 
 THE SCHOOL TEXT BOOK LAW. 
 
 85. Members of Commission There is hereby created in each 
 county within the State a County Text Book Commission, which shall 
 consist of the County Superintendent of Schools, two members of the 
 County Board of Examiners, the Principal of a High School in the 
 County, to ,be appointed by the State Board of Education, and one 
 member of the County Board of Education elected by said County 
 Board, provided that no person shall serve on said Commission who 
 
 S. L. 2 
 
34 SCHOOL LAWS OF KENTUCKY. 
 
 is the author of any text book published for use in the common 
 schools, or who has been in the employ as a traveling salesman, or 
 otherwise, of any publisher of school text books within a period of 
 two years prior to the passage of this act. 
 
 86. Vacancies How Filled Vacancies on the Commission re- 
 sulting from the disqualification of the County Superintendent, Prin- 
 cipal of the county high school, or member of the Board of Examiners, 
 shall be filled by the State Board of Education. Vacancies resulting 
 from other causes shall be filled as prescribed by law for original 
 members. 
 
 87. Oath of Office Each member of said Commission shall 
 qualify by taking and subscribing to an oath faithfully to discharge 
 his duties as required by this law, and the said affidavit shall be 
 filed in the office of the clerk of the county court of the county. 
 
 88. Meetings of Commission Record to be kept by Secretary 
 The members of the County Text Book Commission, as thus consti- 
 tuted, shall meet on the call of the County Superintendent in his office 
 during the month of April of the years in which existing contracts 
 expire, and shall organize. The County Superintendent shall be ex 
 officio Chairman of the Commission, and a Secretary shall be elected 
 from the membership. The Chairman shall preside at all meetings of 
 the Commission. The Secretary shall keep complete records thereof, 
 and all such records and all contracts shall be signed by the chair- 
 man and secretary. 
 
 89. Adoption of Books Sealed Bids Advertisement Not less 
 than sixty days before the expiration of the contracts now in force 
 for furnishing books to the common schools of the county, the County 
 Text Book Commission shall advertise through one or more county 
 papers, or by written notification to all qualified publishers as here- 
 inafter provided, that at a time and place fixed definitely in the ad- 
 vertisement, sealed bids or proposals will be received from the pub- 
 lishers of school text books for furnishing books to the common 
 schools of the county, in accordance with the provisions of this law 
 and such regulations as the Commission may prescribe. Such adver- 
 tisement shall reserve to the Commission the right to reject any and 
 all bids. 
 
 90. Proposal to State Contract and Exchange Prices Specimen 
 Copy of Books Such bids or proposals shall be for furnishing books 
 during a period of five years and no longer. The bids shall state 
 specifically the net contract prices at which books are to be furnished 
 to agents within the county, and the exchange price to the pupils, 
 and shall be accompanied by a specimen copy of every book proposed 
 to be furnished. All bids shall be sealed and deposited with the 
 Chairman of the Commission to be by him delivered to the Commis- 
 sion in executive session, when they shall be opened in the presence 
 of the Commission. It shall be the duty of the Chairman of the Com- 
 mission to carefully preserve in his office for comparison the specimen 
 
SCHOOL LAWS OF KENTUCKY. 35 
 
 copy of each of the books adopted, together with the original bid or 
 proposal, and when requested, to return to the publishers the speci- 
 men copies of other books submitted, at their expense. 
 
 91. Bids May Be Rejected The Commission shall have and re- 
 serve the right to reject any and all bids for reasons satisfactory to 
 a majority of the Commission. In case of failure to select from the 
 bids submitted a satisfactory text book upon any of the branches 
 prescribed by law, the Commission shall readvertise for sealed bids 
 under the same terms and conditions, and proceed with its investi- 
 gations as in the first instance. 
 
 92. Uniform Series of Books Cities Exempt It shall be the 
 duty of the said Commission in each county, during the months of 
 June or July of the years in which existing contracts expire, by a 
 majority vote of the entire Commission to adopt from the authorized 
 State list, as hereinafter provided, a uniform series or system of 
 text books for use in the common schools of the county, except in 
 cities of the first, second, third, fourth, fifth and sixth classes, and 
 to arrange for the distribution of such books to agents at the net 
 contract price. The Commission may, from time to time, make any 
 regulations not contrary to the provisions of this act to secure the 
 prompt and faithful performance of all contracts, and the prompt dis- 
 tribution of the books herein provided for. 
 
 93. Merits of Book to be Considered The Commission, in the 
 selection and adoption of a uniform series of text books, shall consider 
 the merits of the books, taking into consideration their subject-matter, 
 the printing, binding, material and mechanical qualities, their general 
 suitability and desirability for the purposes intended and the price. 
 The Commission shall select and adopt such books as will, in its 
 judgment, accomplish the ends desired. 
 
 94. Branches to Include Elementary and High Schools The 
 uniform series of text books to be selected by the Commission shall 
 include all the branches required by law to be taught in the common 
 elementary and high schools of the county, except as herein pro- 
 vided, but no text book shall contain anything of a partisan or sec- 
 tarian character. 
 
 95.County High School Adoption County high schools having 
 been established since the last adoption of text books, it shall be 
 the duty of each County Text Book Commission, as herein consti- 
 tuted, by or before the 1st of July, 1910, to adopt a uniform series of 
 text books for use in such county high schools and such other high 
 schools as may not be exempt by law from the provisions of this act. 
 Such adoption shall be made in accordance with the provisions of this 
 act, and shall be for a term of four years from July 15, 1910. All 
 adoptions thereafter shall be for a term of five years. 
 
 96. Contracts Awarded Must Notify State Superintendent 
 After the adoption shall have been made, the Commission shall award 
 the contracts and shall, by registered letter, notily-~4k&Jbjdders to 
 
 OF 
 
36 SCHOOL, LAWS OF KENTUCKY. 
 
 whom contracts have been awarded, and shall at the same time 
 notify the State Superintendent of the awards made. It shall be 
 stipulated in all contracts that the net contract prices at which such 
 book or books shall be sold to the Commission, or the designated 
 agents of the Commission in the county and the exchange price to 
 pupils shall not exceed the lowest net contract and exchange prices 
 at which the same book or books are sold under contract with any 
 other State, county, township or school district in the United States 
 under like conditions of sale and distribution. 
 
 97. Contract to be Prepared by State Superintendent Approv- 
 ed by Attorney General It shall be the duty of the State Superin- 
 tendent of Public Instruction to prepare and have printed a form of 
 contract between county text book commissions and publishers of 
 school books, said form to be approved by the Attorney General, and 
 to furnish the same, through the County Superintendent, to the sev- 
 eral county commissions of the State; and no other form of contract 
 shall be used by such county commissions and publishers in carry- 
 ing out the provisions of this act. 
 
 98. ^State of Kentucky Not Liable It shall always be a part of 
 the terms and conditions of every contract made in pursuance of this 
 act that the State of Kentucky shall not be liable to any contractor 
 in any manner for any sum whatever, but all such contractors shall 
 receive their pay and compensation solely and exclusively from the 
 proceeds of the sale of books, as provided for in this act. 
 
 99. Agents Appointed Prices of Books Exchange of Books 
 For the distribution and sale of adopted books to patrons, the County 
 Commission shall arrange with at least two responsible merchants 
 or other agents in the county of good financial rating, in locations 
 selected with reference to the convenience of said patrons, and shall 
 appoint the same as agents, and such agents shall sell the books 
 adopted to the patrons and pupils of the common schools at a price 
 not exceeding fifteen per cent, advance on the net contract price of 
 said books, and out of said excess over the net contract price so 
 charged by such agent he shall pay the transportation charges on 
 said books. Said agent shall exchange new books for old ones dis- 
 placed by said adoption at the exchange price herein provided for 
 during the first year of each and every contract made under the pro 
 visions of this act. 
 
 100. Patrons May Exchange Old Books When any patron or 
 pupil of the common schools owning text books adopted for use in 
 said schools in the county of his residence shall remove to another 
 county, he may deliver such books to any agent or dealer in the 
 county from which he has removed and the agent or dealer to whom 
 same shall be delivered shall receive and pay him in money the ex- 
 change value of such books. Provided, that only such old books as 
 are whole and in good serviceable condition 'Shall be so purchased by 
 said dealer. 
 
SCHOOL LAW'S OF KENTUCKY. 37 
 
 101. County Judge to Purchase Second Hand Books The 
 county judge in purchasing books for indigent pupils as required by 
 law shall purchase from said dealers said second hand books so far 
 as the same may be suitable for such purpose and furnish 'same to 
 the County Superintendent for the use of said indigent pupils. Pro- 
 vided, that no agent or dealer of any county commission shall sell 
 any second hand books so purchased, or any second hand book to any 
 pupil or patron or to the county judge as herein provided at a price 
 higher than ten per cent, above the cost of such second hand book. 
 
 102. Penalty for Unlawful Sale or Extra Charge Any agent or 
 dealer, clerk or other person having or selling books adopted under 
 this act, who shall ask or receive for any such book more than the 
 lawful price therefor, as herein defined, or who shall refuse to ex- 
 change new books for old at the exchange price herein provided for 
 during said period of exchange, or who shall refuse to receive from 
 patrons or pupils removed to other counties books owned by them 
 and adopted for use in the common 'schools of the county of such 
 agent or dealer and to pay to them the exchange value thereof in 
 cash for such old books shall be guilty of a misdemeanor, and on con : 
 viction shall be fined in a sum not less than fifty nor more than one 
 hundred dollars. 
 
 103. State Board of Education to Make Printed List County 
 Superintendent to Furnish List--Jt shall be the duty of the State 
 Board of Education by the first of September of each year to have 
 printed a complete list of all the books adopted under the provisions 
 of this act stating the highest lawful retail and exchange price of 
 each, and to distribute such lists to county superintendents in such 
 quantity as they may request. It shall be the duty of the County 
 Superintendent to furnish such lists attested by his signature, to all 
 dealers and to the principal teachers of all schools in the county, and 
 such dealers and teachers shall post the same conspicuously in their 
 sales rooms or school houses. Failure to comply with the provis- 
 ions of this section by any of the parties herein named, shall be 
 punishable by a fine of not less than ten nor more than twenty dol- 
 lars. 
 
 104. Adopted Texts must be Exclusively Used Penalty for 
 Violation The books adopted by the Commission as the uniform 
 system of text books shall be introduced and used as text books to 
 the exclusion of all others in all the common schools of the county, 
 except as herein provided, for a period of five years from the date of 
 adoption, and it shall not be lawful for any teacher or other school 
 officer to use, or any board of education to permit to be used, any 
 books upon the same branches other than those adopted by the 
 Commission. However, nothing herein shall prevent the use of sup- 
 plementary books, but such supplementary books shall not be used 
 to the exclusion of the books prescribed under the provisions of this 
 act. Any board of education, trustee or teacher violating the provis- 
 
38 SCHOOL LAWS OF KENTUCKY. 
 
 ions of this section shall be guilty of a misdemeanor, and upon con- 
 viction, be punished by a fine of not less than ten nor more than fifty 
 dollars for each offense. 
 
 105. Publisher Must File Statement with Superintendent of 
 Public Instruction Before the publisher of any school text book shall 
 offer the same for sale to any county text book commission in Ken- 
 tucky, said publisher shall file a copy of the text book in the office 
 of the State Superintendent of Public Instruction with a 'Sworn 
 statement of the lowest net price at which said book is sold any- 
 where in the United States, under State, county, township, district 
 or city contract. Said publisher shall file with the State Board of 
 Education a written agreement to furnish said book or books to 
 the designated agents, as hereinbefore provided, or to any county 
 text book commission in Kentucky at the prices so filed, exclusive of 
 transportation charges. Said publisher must further agree to reduce 
 said prices in Kentucky if reductions are made elsewhere in the coun- 
 try, so that at no time may any book be sold in Kentucky by the 
 contractor at a higher price than is received for the same book else- 
 where under State or county ^contract. Said publisher shall further 
 agree that all books offered for sale in Kentucky shall be equal in 
 quality to those deposited in the office of the State Superintendent as 
 regards paper, binding, printing, illustrations and all points that may 
 affect the value of said books. 
 
 106. Book Adopted Must Comply with Sample Damages on 
 Bond may be Recovered If any publisher shall furnish to any county 
 books inferior in any particular to the samples on file in the office 
 of the State Superintendent, or shall offer them at higher prices than 
 those listed with the State Superintendent, it shall become the duty 
 of the County Text Book Commission of said county to inform the 
 State Superintendent of the failure of said publisher to comply with 
 the terms of his contract. The State Superintendent shall thereupon 
 notify the publisher of 'said complaint, and if said publisher shall dis- 
 regard the notification and fail immediately to comply with the terms 
 of his contract, then the State Superintendent shall institute legal pro- 
 ceedings to recover damages on the bond of said publisher. 
 
 107. License Fee of Publisher Fund to be used for Expenses 
 Before the publisher of any school text book shall offer the 'Same 
 for sale to any county text book commission in the State of Ken- 
 tucky, and at the time of filing such text book in the office of the 
 State Superintendent of Public Instruction, said publisher shall pay 
 into the Treasury of the State of Kentucky a filing fee of five dollars 
 for each book offered by said publisher. A series of books by the 
 same author and upon the -same subject shall constitute one book for 
 this purpose. The fees thus received shall constitute a fund out 
 of which, upon requisition made by the State Superintendent, shall 
 be paid the expenses of publishing lists and other information for 
 the use of the County Text Book Commissions, clerk hire and other 
 
SCHOOL LAWS OF KENTUCKY. 39 
 
 necessary expenses in connection with the filing of all text books 
 submitted for adoption in the State of Kentucky. Any balance of 
 such fund remaining upon the first of January of the fifth year 
 following the completion of adoptions shall be placed to the credit 
 . of the State School Fund. 
 
 108. Sworn Statement to be Filed by Publisher When any 
 publisher of school text books shall file with the State Superintend- 
 ent the samples and lists provided for under this act, said publisher 
 at the same time shall be required to file a sworn statement that 
 he has no understanding or agreement of any kind with any other 
 publisher, or interest in the business of any other publisher with 
 the effect, design or intent to control the prices of such books, or 
 to restrict competition in the adoption or sale thereof. 
 
 109. Agreement to Control Prices Attorney General to Insti- 
 tute Proceedings If, at any time, any publisher shall enter into any 
 understanding, agreement or combination to control the prices or to 
 restrict competition in the adoption or sale of school books, or if the 
 statements required of said publisher in the preceding sections shall 
 be untrue in any respect, then the Attorney General shall institute 
 and prosecute legal proceedings for the forfeiture of the bond of said 
 publisher, and for the revocation of his authority to sell school 
 books in this State, and all contracts made by said publisher under 
 this act, shall thereupon become null and void at the option of the 
 other parties thereto. 
 
 110. Money for Campaign Purposes Penalty Any person, firm 
 or corporation qualified to sell school books in Kentucky under the 
 provisions of this act, or any agent thereof who shall, directly or 
 indirectly, contribute any money or thing of value to the cam- 
 paign fund of any political party, or to the campaign fund of any 
 person who is a candidate for office in this State, or in any district 
 or county thereof, or to the campaign fund of any person who is a 
 candidate for nomination for an office, or shall give any money, or 
 valuable property whatsoever to any member of any county text 
 book commission, shall be deemed guilty of a misdemeanor, and 
 upon conviction thereof, shall be fined not less than one thousand 
 dollars nor more than five thousand dollars in the discretion of the 
 jury, and such act on the part of said person, firm or corporation, 
 or the agent thereof, shall also be considered a breach of the bond 
 made by said person, firm or corporation with the State, and the 
 venue of action shall be within any county in the State where said 
 act is committed, or in the Franklin Circuit Court; and the State 
 Board of Education, or any one of the county text book commis- 
 sions, or any member thereof in the county where the offense is 
 committed, <shall have the right to prosecute an action for the breach 
 of said bond, and the amount recovered for said breach shall be turn- 
 ed over to the Treasury of Kentucky for the benefit of the State 
 School Fund. 
 
40 SCHOOL LAWS OF KENTUCKY. 
 
 111. Bribery Penalty Any mejnber of any county text book 
 commission who shall solicit, accept or receive any money, gift or 
 any property or favor whatsoever from any person qualified to sell 
 text books in Kentucky, or any -agent thereof, or other person in any 
 way interested in the sale of such text books shall be deemed guilty 
 of a misdemeanor and upon conviction, shall be punished by a fine not 
 exceeding one thousand dollars, or by imprisonment in the county jail 
 for not more than six months, or by both such fine and imprisonment. 
 
 112. Bond to be Filed by Publisher To insure compliance with 
 the aforesaid conditions under which school text books may be sold 
 in the State of Kentucky, the publisher shall file with the State Board 
 of Education a bond of not less than two thousand dollars nor more 
 than ten thousand dollars, the amount to be fixed by the State Board 
 of Education upon compliance with the provisions of the preceding 
 sections, and the bond to be approved by said Board. The publisher 
 shall thereupon be qualified to sell school books in this State. Any 
 publisher who shall offer for adoption to any text book commission 
 school text books of any kind without first qualifying therefor under 
 this act, shall be guilty of a misdemeanor, and upon conviction, shall 
 be fined not less than five hundred dollars nor more than five thou- 
 sand dollars. 
 
 113. Any publisher who shall offer for adoption to any text 
 book commission school text books of any kind without first qualify- 
 ing therefor under this act, shall be guilty of misdemeanor, and upon 
 conviction, shall be fined not less than five hundred dollars nor more 
 than five thousand dollars. 
 
 114. City Schools to Adopt The Board of Education in a city 
 of the first, second, third, fourth, fifth or sixth class, shall constitute 
 the Text Book Commission for such city, and as such, its powers, 
 duties, restrictions and penalties shall be identical with those pro- 
 vided by law for county text book commissions; provided that the 
 members of such Board acting as a text book commission shall re- 
 ceive no compensation for their services, and provided further that 
 if any member of said Board shall be or become ineligible to serve 
 as a member of the Text Book Commission, then the other members 
 of the Board are hereby empowered to fill the vacancy on the Text 
 Book Commission thus created. 
 
 115. The provisions of this law shall also apply to all corpora- 
 tions, firms or individuals concerned in any way in the selection, 
 adoption, sale or use of common school text books in cities of the 
 first four classes. 
 
 116. Repealing Clause All laws and parts of laws in conflict 
 with the provisions of this article are hereby repealed. Provided, 
 however, that the provisions of contract and obligations imposed by 
 law under which the existing State contract for uniform text books 
 
SCHOOL LAWS OF KENTUCKY . 41 
 
 was made shall remain in force, and all contractors thereunder shall 
 continue to be held liable under their bond for the faithful perform- 
 ance of said existing contracts until the expiration of the same. 
 
 CHAPTER 10. 
 COUNTY SCHOOL DISTRICT LAW. 
 
 117. County to Compose School District Exception That each 
 and every county in this Commonwealth shall compose one school 
 district, excepting that where there is a city or town in any county 
 which maintains a separate system of public schools, then the balance 
 of said county, outside of such city or town district, shall constitute 
 a school district. (Ky. Stat. Sec. 4426a.) 
 
 118. County to be Divided into Educational Divisions Power to 
 Change Boundaries of Educational Divisions Graded Schools Exempt 
 Three Kinds Per Capita Apportioned each Subdistrict "That 
 within thirty days after this act goes into effect the County Superin- 
 tendent of schools, the county judge and the County Attorney in each 
 county of the Commonwealth shall meet at the court house of their 
 respective counties upon the call of the County Superintendent of 
 Schools, and shall divide each county school district, as provided, in 
 section one, into educational divisions containing as nearly as pos- 
 sible an equal number of children of school age, including both white 
 and colored children, as shown by the last census of school children, 
 and in each county the said officers may make, as may seem expedi- 
 ent, either four, six or eight of such educational divisions, and in fix- 
 ing the boundaries of said educational divisions they saall be made 
 to follow, as nearly as practicable, the boundaries of existing school 
 districts for white children. They shall have the power to change the 
 boundaries of educational divisions whenever such change becomes 
 necessary. The county judge, county superintendent of schools and 
 County Attorney shall then subdivide each of the said educational 
 divisions into school subdistricts, following as nearly as practicable 
 the boundaries of existing school districts for white children. Provid- 
 ed, That any graded common school district that may exist in any 
 educational division or that may hereafter be established according 
 to law, whether operating under special charter or established by 
 popular vote, as provided for in the laws relating to the graded com- 
 mon schools, and school districts now operating within municipal 
 districts established and ,ajgrporated under special charter and sup- 
 plementing the State schooTMiund by local tax of not less than twenty 
 cents on each hundred dollars of assessed valuation of property, shall 
 retain their present boundaries and be exempt from the provisions of 
 this Act, The provisions of this act shall not apply to any graded. 
 
42 SCHOOL LAWS OF KENTUCKY. 
 
 school district created by special act and having a 'School fund other 
 than that provided by general law. The boundaries of any such 
 school subdistrict as above fixed, shall include all children, both 
 white and colored, residing in said subdistrict, and said subdistrict 
 shall not include, except in cases of emergency fewer than fifty 
 white children of school age, nor in any case fewer than twenty-five 
 such children subject to the approval of the State Board of Educa- 
 tion. No sub-district shall be apportioned their per capita of the 
 State fund on fewer than fifty white pupil children, nor shall any 
 subdistrict be apportioned the per capita on more than one hundred 
 white pupil children for the payment of one teacher. (Section as 
 amended by act of 1912.) 
 
 119. Trustees to be Elected Who May Vote "On the first 
 Saturday in August after the passage of this act an election shall be 
 held at the school building in each school subdistrict in this Common- 
 wealth from the hours of one until five o'clock in the afternoon for 
 the purpose of electing one trustee for each school sub-district as fix- 
 ed by section two of this act. The trustees then elected shall hold 
 their offices one-half for one year and one-half for two years, as 
 shall be determined by lot at the first meeting of the division board 
 as provided for in section four of this act. Each year thereafter 
 there shall be elected for two years one trustee in each sub-district in 
 which the term of his predecessor in office will then expire. Said 
 trustees shall serve until their successors are duly elected or ap- 
 pointed and qualified as herein provided. 
 
 Any person shall be eligible to this office of school trustee who is 
 over twenty-one years of age, and who has been a resident of the 
 sub-district for which he is elected for sixty days before the elec- 
 tion, and who is able to read and write, -as shown by a certificate 
 of five reputable citizens of the sub-district, and all male persons 
 over twenty-one years of age who shall have resided in a school sub- 
 division for sixty days next before an election shall have the right to 
 vote at such elections. All elections for school trustees shall be viva 
 voce vote. The officers of the election shall be two judges and a 
 clerk, who shall be residents of the sub-district and legal voters and 
 shall be chosen by the voters at the opening of the polls. The said 
 officers shall be the judges of the qualifications of each voter as pre- 
 scribed in this act and shall certify the returns of the election to the 
 County Superintendent of Schools within five days after said elec- 
 tion. (Section as amended by Act of 1912.) 
 
 120. Colored Visitors Election At the same time and place 
 and by the election officers who conduct the election for subdistrict 
 trustees, an election shall be held for the purpose of electing a visitor 
 for the colored school or schools of the subdistrict. Such visitor 
 shall be nominated and elected in the same manner as the subdistrict 
 trustee, save that the nominating petition shall be signed by colored 
 voters, and that colored voters alon.e b,all be eligible to vote for such 
 
SCHOOL LAWS OF KENTUCKY. 43 
 
 visitor. So far as the colored school or schools of the subdistrict are 
 concerned, the duties of the visitor shall be identical with those of the 
 subdistrict trustee, save that such visitor shall not be a member of 
 the Division Board. (Section as amended by Acts of 1910.) 
 
 121 Organization of Board Vacancies "The County Super- 
 intendent of Schools shall meet the trustees so elected from the vari- 
 ous school sub-districts of each educational division at some point 
 to be designated by him within such educational division within 
 thirty days after the date of their election, proper notice having 
 been given in writing to each trustee as to the time and place of flfueli 
 meeting for the purpose of organizing the trustees so elected into a 
 division board of school trustees 'by choosing one of said trustees to 
 be chairman and one to be secretary of said division board. 
 
 The County Superintendent of Schools shall be a member of such 
 division board of his county, but shall only vote upon any matter in 
 case of a tie vote, and then he shall cast the deciding vote. 
 
 "Any vacancy that may exist in the trusteeship of any school 
 sub-district shall be filled by appointment by the County Board of 
 Education and to them petition may be made by the voters of the sub- 
 district. 
 
 "Should the office of chairman of a division board become vacant 
 the county superintendent, as soon as the election has been held to 
 elect a sub-district trustee as above provided, shall call a meeting of 
 said division board and shall then proceed .to elect another chairman, 
 and until a chairman is so elected, such division board may choose 
 one of its members as a temporary chairman." (Section as amended 
 by act of 1912.) 
 
 122. Duty of Trustee Census It shall be the duty of the trus- 
 tee in each school sub-district, to personally supervise the school or 
 schools in his sub-district, and to report the needs thereof to the divis- 
 ion board of his educational division at its regular meeting, together 
 with such recommendations as he may deem necessary for the best 
 interest of said school or schools. All such reports and recommenda- 
 tions should be in writing. The Division Board shall refer such re- 
 ports to the County Board with its recommendations on same. The 
 trustee of each school sub-district shall, in the month or April of each 
 year, make and return to the county superintendent a complete census 
 of the children of school age residing in his district, ana for the per- 
 formance of all his duties he shall be allowed and paid the sum of five 
 cents per pupil child reported in such census. 
 
 He shall make a complete census of all illiterate children of school 
 age, with the names of their parents or guardians, with their post- 
 office address; also the names of all children of school age who have 
 completed the common school course, together with their ages. He 
 shall make a census of the names of the children who are attending 
 school outside of the district in which they reside. This census and 
 these reports must be made by the sub-district trustee at the time now 
 
44 SCHOOL LAWS OF KENTUCKY. 
 
 provided by law for taking the school census. The County Superin- 
 tendent of schools in each county shall make a complete report of said 
 census to the State Superintendent of Public Instruction, whose duty 
 it shall be to have printed annually and distributed a report of same, 
 giving the number of children in each school district and stating tlie 
 number who are illiterate and, in addition, the number who have 
 completed the common school course, together with the number wio 
 are in attending school outside of the district in which they reside. ' 
 (Section as amended by acts of 1912.) 
 
 123. Teachers Employment of "It shall be the duty of the 
 sub-district trustee to nominate and recommend in writing to the divi- 
 sion board, one or more teachers for each school in his sub-district, 
 and with said nomination and recommendation he shall convey the 
 teacher's credentials and any objections, remonstrances or petitions 
 that may be offered, in writing, to the election of said teacher or 
 teachers, and the board shall elect for each sub-district a teacher or 
 teachers nominated by the trustee thereof, when such teacher pos- 
 sesses the necessary qualifications and no reasonable objection is 
 offered. 
 
 "Should the division board reject any nomination or should any 
 trustee fail to nominate for his sub-district, the chairman of the divi- 
 sion board shall immediately notify such sub-district trustee and re- 
 quest further nominations. The division board in each educational 
 division shall meet for the consideration of applications and the 
 election of teachers, on the first Saturday of June of each year. 
 
 "Qualifications of teachers shall be determined as provided by 
 law. Said educational division board may meet on the last Saturday 
 of July and August in each year for the purpose of filling any vacan- 
 cies which may exist. Said division board may meet at such other 
 times as the chairman may designate. 
 
 "Teachers shall be elected for one school year, but may be remov- 
 ed by the division board of the Educational Division in which they 
 are employed, at any time, subject to the approval of the county sup- 
 erintendent, for incompetency, neglect of duty or immoral conduct. 
 
 "Contracts for the service of all teachers shall be in writing, sign- 
 ed in duplicate by the teacher and by the chairman and secretary 
 of the dlivision board of the division in which the teacher is em- 
 ployed. Upon organization of said board, one of the members shall 
 be chosen as secretary, who shall keep a correct record of all pro- 
 ceedings, which shall be a public record." (Section as amended by 
 Acts of 1912.) 
 
 124. County Board of Education /The chairman of the several 
 educational division boards in each county, together with the county 
 superintendent of schools, who shall be chairman ex-officio, shall con- 
 stitute the county board of education. 
 
 125. High Schools to be Established "Within two years after 
 the passage and approval of this act, there shall be established by the 
 
SCHOOL LAWiS OF KEiNTUCKY. 4,5 
 
 county board of education of each county one or more county high 
 schools: Provided, There is not already existing in the county a high 
 school of the first class; if such high school already exist, and if 
 the county board may be able to make such an arrangement with the 
 trustees or board of education of said high school as will furnish to 
 the pupils completing the rural school course free tuition in 'said high 
 school, then said high school may be considered as meeting the pur- 
 pose of this law without the establishment by the board of another 
 high school. The county board of education in the various counties 
 shall have full power and authority to unite with the governing au- 
 thorities of any city or town in their respective counties for the pur- 
 pose of establishing a high school for the joint use of the city or 
 town and such county, and to unite with such authorities for the pur- 
 pose of maintaining such high school if one be already in existence. 
 For this purpose said county boards are hereby given full power and 
 authority to make such contracts as they may deem necessary or 
 proper for the establishment and maintenance of such high schools 
 for the joint use of the county and such city or town. Said con- 
 tract shall be in writing and shall contain full and complete stipu- 
 lations as to employment and compensation of teachers, course of 
 study, payment of expenses of the school and the control and dis- 
 cipline of the pupils: Provided, That the total expense of conducting 
 said high school, including estimate of the six per cent, per annum 
 on all investments in buildings, grounds and equipment, shall be pro 
 rated between the two boards of education in proportion to the en- 
 rollment respectively of county pupils and pupils residing in said 
 town, city or graded school district, for the term of the first half of 
 the session and likewise for the term of the second half of the school 
 session, the entire school session being in no case less than eight 
 school months: Provided, however, That said contract tuition rate 
 shall in no case exceed the rate charged for other pupils. The first 
 county high school to be established in the county shall be located at 
 the county seat, providing there is not already existing in the county 
 seat a high school of the required grade. The county high schools of 
 this Commonwealth shall be of the first, second and third classes. A first- 
 class high school shall maintain a four years course of study, which 
 shall be prepared by the State Board of Education. Such course of 
 study may provide for instruction in manual training, domestic science 
 and elementary agriculture. High schools of the second class shall 
 maintain a course of three years, identical with the first three years 
 of the first-class high school. High schools of the third class shall 
 maintain a course of two years, identical with the first two years of 
 the first-class high school. (Section as amended by Acts of 1912.) 
 
 126. County to Levy Tax Special Bond of County Superin- 
 tendentLocal Tax Additional may Vote Subdistrict It shall be the 
 further duty of the county board of education to estimate and lay be- 
 fore the fiscal court of the county the educational needs of the county 
 
46 SCHOOL LAWS OF KENTUCKY. 
 
 in accordance with such estimate, and said county shall levy a tax 
 for school purposes, not to exceed twenty cents on each hundred dol- 
 lars of assessed valuation of property in the county, and a capitation 
 tax not exceeding one dollar, and the sheriff shall then collect this 
 tax as other State and county taxes are collected: Provided, No tax 
 for schoel purposes shall be levied under this act upon property in 
 cities and towns maintaining a first class system of public schools in 
 which all grades are already taught to the satisfaction of the State 
 Board of Education, and upon property in school districts which are 
 made exempt as provided for in section 106 of this act. When the 
 tax so levied shall have been collected by the sheriff of the county, 
 he shall turn over to the county superintendent, who shall act as 
 treasurer of the county board of education, the amount of money so 
 levied and collected, and the county board shall expend the money so 
 received in the building, improvement and equipment of school 
 houses, for the purchase and condemnation of necessary real estate, 
 for the payment of teachers, purchasing necessary supplies and the 
 extension of the school term in the various subdistricts throughout 
 the county, as in their judgment as a county board the needs of the 
 individual schools for white a'nd colored pupils demand. The county 
 superintendent shall give such special bond as may be approved by 
 the county court. No fund shall be paid out except on the order of 
 the county board, signed by the chairman and countersigned by the 
 secretary. 
 
 Upon the petition of ten legal voters' of any school subdistrict, the 
 board of education of any division shall submit to the legal voters of 
 said subdistrict the question whether or not a tax shall be levied upon 
 the taxable property in such subdistrict in any school year for local 
 school purposes; an ad valorem tax may be so voted not to exceed 
 twenty-five cents on each one hundred dollars of taxable property. 
 Such questions shall be voted on at the regular school election held, 
 as provided by this act, on the first Saturday in August. At least 
 fifteen days notice that such question will be voted on at any school 
 election shall be given by written or printed handbills, posted up in 
 at least five of the most public places in such district. The returns 
 of said election shall be made to the chairman of the division board 
 of education and said board shall meet within seven days after such 
 an election and canvass the returns, and if it be ascertained that a 
 majority vote in such district was cast in favor of such tax, said 
 board shall, on its minute book, enter an order levying such tax in 
 such subdistrict, and it shall be the duty of the sheriff of the county 
 on his official bond to collect such tax and hold the same subject to 
 the order of the county board of education for the benefit of the sub- 
 district voting such tax, and said sheriff shall receive the same com- 
 pensation therefor as for collecting State and county revenue. 
 
 127. To Establish new Subdistricts iThe county board of edu- 
 cation shall have full power, when necessary, to lay off or establish 
 
S'CHDOiL LAWS OF KENTUCKY. 47 
 
 new school subdistricts, or to change the boundaries of those already 
 established. 
 
 128. Purchase, Lease or Rent Sites Receive Gifts The 
 county board of education shall have the power to purchase, lease 
 or rent school sites, to build, to repair and to rent school houses, pur- 
 chase maps, globes, charts, school furniture, or other apparatus nec- 
 essary to the efficient conduct of the schools of the county, and said 
 county board is hereby vested with the title, care and custody, of 
 all school houses, sites, or other property belonging to the districts 
 of their several counties, and when, in the opinion of the board, 
 any site for school house has become unnecessary, they may sell 
 and convey the same in the name of the county board of education. 
 It shall have the power to receive any gift, grant or donation for 
 the use of the schools within their respective counties, and all con- 
 veyances of real estate which shall be made to said county board of 
 education shall vest the property in said board and their successors 
 in office for the use and benefits of the schools of the county. It 
 shall have the power to condemn any real estate necessary for 
 school purposes in any district and may proceed to do so in the man- 
 ner provided for by law for the condemnation of lands for railroad 
 purposes. 
 
 "The County Board of Education is hereby empowered to assume 
 the indebtedness of any common school sub-district contracted prior 
 to the passage of the Act of 1908, creating said county board of edu- 
 cation, and shall pay said indebtedness out of the county tax levy," 
 so that Sub-section II when amended and re-enacted shall read as fol- 
 lows: (Section as amended by Acts of 1912.) 
 
 129. County Board Body Politic fThe county board of education 
 and their successors shall be a body politic and corporate, with per- 
 petual succession and as such may sue and be sued. 
 
 130. Superintendent to Keep Public Account The county super- 
 intendent shall keep an exact account of all receipts and disburse- 
 ments and shall report the same in detail to the county board as often 
 as they may require and annually to the fiscal court of the county 
 on the date specified by that court for receiving said report. The 
 books and records of the county board shall be open for the inspec- 
 tion of any citizen of the county. 
 
 131. Salaries of Teachers Course of Study When county high 
 schools shall be established, as provided in this act, it shall be the 
 duty of the county board of education to employ and fix the salaries 
 of said teachers necessary to the efficient conduct of said high school 
 and prescribe the course of study to be pursued, but said course of 
 study shall not be below the standard fixed by the State Board of 
 Education as provided in section 116. Said board shall also have the 
 right to select the text books to be used in said high schools. 
 
 132. Time Boards Shall Meet Compensation /The county 
 board of education shall meet at a place designated by the county 
 
48 SCHOOL, LAWS OF KEiNTUCKY. 
 
 superintendent for the transaction of such business as shall properly 
 come before it under this law, on the first Saturday in September, 
 following the enactment of this law, and shall meet at the call of 
 the county superintendent, who is chairman of the county board, at 
 such other times as he may direct. The county superintendent shall 
 call the county board upon the written request of three members. 
 Each member of the county board shall receive three dollars for 
 each days service, but no mtember shall be paid for more than 
 twelve days service in any one year, whether in actual attendance 
 upon the meetings of the county board or in inspecting the schools 
 and school property of his division in company with the county su- 
 perintendent. 
 
 133. Duty of Division Chairman to Report It shall be the duty 
 of each division chairman or member of the county board of education 
 to report in writing the exact status of the educational affairs of his 
 educational division to the county board for consideration at least 
 twice each year, and at such other times as the chairman of the 
 county board may require. 
 
 134. Consolidation of Subdistricts Officers not to be Financial- 
 ly Interested The county board of any county shall have power to 
 consolidate with reference to the needs of either white or colored 
 children, any two or more contiguous school subdistricts, and in case 
 of such consolidation school house shall be built or acquired, located 
 at some point convenient to the patrons' of such consolidated school 
 subdistricts, and of sufficient capacity to accommodate the pupil popu- 
 lation of such consolidated school subdistricts, and such schools shall 
 be called and known as, consolidated schools. Teachers for such 
 consolidated schools shall be employed in the same manner as teach- 
 ers for school subdistricts. No trustee nor member of the county 
 board of education nor county school superintendent shall be finan- 
 cially interested, directly or indirectly, in any contract for the pur- 
 chase of land, the erection or repairs of any school house, the furnish- 
 ing of supplies or equipment, or the employment of any teacher; and 
 any of said officers so offending shall be guilty of an indictable mis- 
 demeanor and on conviction shall be fined not exceeding five hun- 
 dred dollars, or imprisonment in the county jail not exceeding six 
 months', and shall forfeit his office. 
 
 127. Repealing Clause. All laws and parts of laws, in conflict 
 with this act, are hereby repealed. (Ky. Stat., Sec. 4426a.) 
 
 135. Subdistrict Composed of Parts of Two Counties "With 
 the concurrence of the county boards the county superintendents 
 of two or more adjoining counties, where the division line intersects 
 a neighborhood whose convenience requires it, may lay off a sub- 
 district composed of parts of these counties. The selection and 
 payment of teachers and control of such sub-districts shall be lodged 
 in the county board of the county in which the school building is 
 located, but the county boar<i of the other contracting county or 
 
SCHOOL, LAWS OF KEiNTUCKY. 49 
 
 counties, shall pay such proportion of the total expense of conduct- 
 ing said school as may be mutually satisfactory and stated in a writ- 
 ten contract, which contract shall also state definitely the boundaries 
 of such fractional sub-district. Said contract shall b'e spread upon 
 the minutes of each board and duplicate copies signed by the presi- 
 dent and secretary of each board, shall be filed in the office of the 
 county clerk of each of the contracting counties. 
 
 "In the sub-districts thus constituted, one trustee who may re- 
 side in either fraction, shall be elected from the sub-district at large, 
 but said trustee shall be deemed a resident of the educational divi- 
 sion of the controlling county as hereinbefore provided. The duties 
 of the trustee of such fractional sub district shall be the same as 
 those of other sub-district trustees, save that in making a census of 
 the children of school age residing in the sub-district, he shall list 
 the children of the two or more counties separately and make re- 
 turns separately to each county superintendent, of the children re- 
 siding in the respective counties." (Acts of 1912.) 
 
 136. Supervisors to be lEmployed The County Board of Educa- 
 tion shall have power to provide whenever it deems wise, for the 
 employment of supervisors for the rural schools under the super- 
 vision of the County Superintendent. It shall be the duty of the said 
 supervisors to assist in supervising the rural schools, to act as sub- 
 stitute teachers under the direction of the County Superintendent and 
 to act as truant officer in accordance with the laws governing the 
 attendance of pupils in the rural schools and with such other rules 
 and regulations as may be made according to law by the County 
 Board of Education. The County Board of Education shall have 
 power to pay the necessary expenses of the County Superintendent 
 and the said supervisors of rural schools while in the discharge of 
 official duties. (Acts of 1912.) 
 
 137. School Funds Distribution Teachers' Salaries The 
 County Board of Education shall have power to place into one com- 
 mon school fund, the State fund received from the State Treasury as 
 is now provided by law and the fund raised in the county by tax levy 
 and distribute said common school fund in the county for the purpose 
 of erecting and equipping school buildings and in the payment of 
 teachers and of such other expenses as are necessary in making an 
 efficient system of schools in the county, provided that no school in 
 the county is taught for a shorter period of time than six school 
 months, one hundred twenty days, 'and that no part of said State 
 fund received from the State Treasury shall be used except for the 
 payment of teachers' salaries in the county, and that no salary paid 
 to a teacher in any sub-district in the county shall be less than thirty- 
 five dollars per month nor more than seventy dollars, except high 
 school teachers, and that salaries between $35.00 and $70.00 includ- 
 ing the same, shall bet based on and regulated by the qualifications of 
 the teacher and the number of children actually in attendance in 
 
50 SCHOOL LAWS OF KENTUCKY. 
 
 proportion to the number enrolled in the school census for the dis- 
 tnct, graduated in accordance with and conforming to such rules and 
 regulations governing same as shall be hereafter prescribed by the 
 State Board of Education. The scale of graduation of said salaries 
 shall be reported to and approved by the State Board of Education 
 and all rules and regulations governing same promulgated by the 
 State Board of Education shall conform to law and the purpose of 
 same shall be to increase the efficiency of the common school sys- 
 tem. 
 
 138. Consolidation and Transportation Power to Vote Tax. 
 That the County Board of Education is hereby empowered to lay 
 off a boundary including a number of sub districts and submit to 
 the voters in that boundary the proposition of a tax sufficient to pro- 
 vide for consolidation of the schools within that boundary and for 
 transportation of pupils to and from said consolidated school, and 
 may provide in districts consolidated under existing laws, by local 
 taxation or otherwise for the transportation of pupils of the district 
 to and from the schools, and such appropriation and taxation for said 
 purposes of transporting children is hereby validated as if it had been 
 previously expressed in the phrase for local taxation, and that where 
 sub-districts have already been consolidated according to law, and a 
 tax has already been voted in said consolidated districts for local ex- 
 penses, the term "local expenses" shall be construed to include the 
 transportation of children in such cases. Said proposition for taxa- 
 tion may be submitted to the voters at the regular election for school 
 trustees or at any other time decided upon by the County Board of 
 Education, provided that not less than thirty days notice be given of 
 said election. 
 
 When such a tax is voted in such consolidated district for local 
 school purposes, it shall remain and be collected annually in accord- 
 ance with the provisions of law, until repealed by vote of the people. 
 (Acts of 1912.) 
 
 139. School Houses to Be Used for Other Purposes. When a 
 responsible person of any sub-district may apply to any sub-district 
 trustee for the use of a school house, to be used when the school is 
 not in session, during school hours or vacations, by any lawful as- 
 sembly of educational, religious, agricultural, political, civic or social 
 bodies, organizations or gatherings, and if said sub-district trustee 
 refuse the use of sam?, then the said trustee shall state his cause 
 for refusal in writing, and if a demand, signed by five freeholders 
 of said sub-district be presented to said sub-district trustee, then he 
 shall deliver or cause to be delivered, the keys of said school house, 
 to such freeholders, who shall be responsible for the use and care of 
 said school property and of avoidable damages and the return of 
 the key to the teacher of said district, if school be in term session, 
 or to the sub-district trustee during vacations. (Acts of 1912.) 
 
 140. Indebtedness of Old Districts May be Assumed by County 
 Board of Education The various County Boards of Education in this 
 
SCHOOL LAWS OF KENTUCKY. 51 
 
 Commonwealth shall assume the payment of any legal indebtedness 
 contracted by the old Boards of Trustees under the old law, and prior 
 to the taking effect of the Act of 1908, by compromise, partiaj pay- 
 ment, or otherwise, as is deemed expedient and proper by said Board 
 of Education. Said payments to be made out of the general school 
 fund of the county. 
 
 This law shall also apply to common school subdistricts that have 
 become graded common school districts since 1908. (Acts of 1912.) 
 
 CHAPTER XI. 
 COUNTY BONDS. 
 
 ACTS 1912. 
 
 141. Commission to be Appointed by County Judge Upon the 
 application, in writing, of 250 householders residing in the district, 
 as hereinafter described, it shall be the duty of the County Judge of 
 a county to appoint four persons, two of whom shall be members of 
 the Democratic Party and two members of the Republican Party, to 
 constitute a Building School Commission. Each appointee shall be 
 at least twenty-five years of age and reside within the district, and 
 be the owner in his own right of real estate. No officer or employee 
 of the State or of any city or county, whether holding a paid or un- 
 paid office, shall be eligible to appointment to said Commission. Such 
 appointee shall be subject to the approval of the Fiscal Court of said 
 county. The term of office shall be four years, and if the work therein 
 provided for is sooner completed such term of office shall expire at 
 such completion. Vacancies shall be filled for an unexpired term in 
 the same manner as the original appointment. 
 
 The district for which said Commission is appointed and which 
 chall constitute the district as hereinafter mentioned, shall be the 
 whole county, or, where said county contains an incorporated town 
 or towns wherein is maintained a public school which is, in whole or 
 in part, supported by taxation levied alone upon the property in said 
 town, then the balance of said county. 
 
 142. Commission Body Politic Powers The persons appointed 
 as provided in the first section, and their successors, shall constitute 
 a body corporate under the name of Building. School Commission of 
 
 County (the name of the county in which 
 
 they are appointed being used to fill the blank), and shall have offi- 
 cial capacity to contract and be contracted with, to sue and be sued 
 in that name, and to adopt a seal and alter the same at pleasure. 
 Such Commission shall elect a chairman from, the appointed mem- 
 bers. The appointed members of the Commission shall receive no 
 compensation, but shall be allowed their expenses of travel when on 
 business of the Commission. It shall have authority to employ such 
 clerical or other assistance as the board may deem necessary. 
 
52 SCHOOL LAWS OF KENTUCKY. 
 
 143. School Houses to be Built It shall be the duty of the 
 Commission to make such careful examination of the method of con- 
 structing and furnishing public school houses as may enable it to 
 determine the best plan of erecting and furnishing the same, includ- 
 ing ventilation, heating and lighting. The Commission shall have 
 the power to employ one or more architects to submit plans for such 
 construction and furnishing, together or separately, and. to attend to 
 the carrying out of the same, and pay a reasonable compensation 
 therefor. 
 
 144. Bond to be Given by Employees The Commission shall 
 exact from its officers and employees such bond, with approved surety, 
 as seems to it discreet, and fix the form of such bond. The premium 
 on such bonds shall be paid by the Commission. 
 
 145. Plans to be Submitted to County Board When the 
 Commission shall have determined upon a plan for the erection and 
 furnishing of a school house or school houses in said district it shall 
 lay said plans before the County Board of Education. If said plans 
 so recommended by the Commission be adopted by the County 
 Board of Education then said Commission shall have the right to 
 proceed to acquire, by purchase or condemnation, all property neces- 
 sary for such school houses and play-grounds; and the erecting and 
 furnishing of said school houses so approved. 
 
 146. Contract for Building to be Let to Lowest Bidder All 
 work to be done or supplies or materials to be purchased in carry- 
 ing out the purposes of this Act and involving an expenditure of $500 
 or more shall be by contract awarded to the lowest and best bidder; 
 but the Commission, with the consent of all its members, may itself 
 do any part of such work under such conditions as it may prescribe, 
 whenever the Superintendent of Construction shall, in writing 
 recommend that course. All bids or parts of bids for any work or 
 supplies or materials may be rejected by said Commission. This sec- 
 tion shall not apply to nor be construed so as to limit the power 
 of the Commission in the appointment of architects, clerks or agents. 
 
 147. Bonds May Be Voted In order to provide money for the 
 acquisition of property for school sites and the erection and furnish- 
 ing of school buildings the Fiscal Court of any county may adopt a 
 resolution submitting to the voters of the district, at the November 
 election occurring ninety days after the entry of the order, and suc- 
 ceeding the appointment of the Commission, the question whether 
 bonds of the district shall be issued for the purpose of carrying out 
 the work herein provided for. The resolution of the Fiscal Court 
 shall provide the date and maturity of such bonds, the rate of interest 
 they shall bear and the total amount to be issued, which shall in no 
 event exceed the limit fixed by the Constitution, and the resolution 
 shall also contain the necessary details in reference to the execu- 
 tion and delivery of said bonds, their denomination, coupons to be 
 
SCHOOL LAWS O'F KENTUCKY. 53 . 
 
 148. Bond to be Sold Depository to be Selected When the 
 tire such 'bonds at maturity. 
 
 148.- iBond to be Sold Depository to be Selected When the 
 voters of the district shall determine that such bonds shall be issued 
 they shall, when so issued, be placed under the control of said Com- 
 mission, who shall determine when and at what price and how they 
 shall be sold; provided that no such bonds shall be sold at less than 
 par, and provided, further, that any premium which may be obtained 
 from said bonds shall constitute a part of the sinking fund for their 
 ultimate retirement. As the said bonds are sold their proceeds shall 
 go to the credit of the Commission in some depository which shall 
 be selected for the deposit by the Commission, and shall be with- 
 drawn only upon the checks of the Secretary and Treasurer of the 
 Commission, countersigned, in such manner and accompanied by 
 voucher approved in such manner as may be prescribed by regula- 
 tions to be adopted by the Commission; .provided, that the said Com- 
 mission shall exact of said depository bond, with surety, for the faith- 
 ful accounting for and paying over of such money as may be from 
 time to time drawn upon. 
 
 149. Expenses to be Borne by Commission The Commission 
 may select its necessary employees prior to the election on the sub- 
 ject of issuing the bonds as provided in Section 7; but no compensa- 
 tion shall be paid to either of such officers for any work done until 
 after the bonds have been voted. All disbursements of the Commis- 
 sion, including compensation to its officers, agents and others em- 
 ployed by it, shall come out of the proceeds of the sale of said bonds. 
 The duties prescribed for the Commission in Sections 3, 4, ,5, 6 and 
 8 hereof shall not be performed until and unless bonds have been 
 voted as provided in Section 7. 
 
 150. HLevy to be Made by Fiscal Court It shall be the duty of 
 the Fiscal Court of the county to levy annually, upon the property 
 subject to taxation in the said district, a sufficient rate to pay the in- 
 terest on the said bonds and the Sinking Fund provided for in the 
 order, and the principal of said bonds when the same shall mature. 
 It shall be the duty of the sheriff of the county to collect such levy 
 and to turn ove.r the same to the County Treasurer, who shall apply 
 the funds thus collected to the payment of the interest and principal 
 of the 'bonds. And it shall also be the duty of the C'ounty Treasurer, 
 under the direction of the County Board of Education, to invest the 
 money derived from the Sinking Fund in such securities as may be 
 approved by said County Board of Education. 
 
 151. Title of Property Vested in County 'Board of Education 
 The title to all property acquired by said Commission shall be taken 
 in the name of the County Board of Education, and all money 
 in the hands of the Commission after defraying any liabilities which 
 have been incurred by the Commission, shall be paid into the hands 
 of the County Treasurer, to be used as a Sinking 'Fund for the bonds 
 
54 SCHOOL LAWS OF KENTUCKY. 
 
 hereinbefore provided for. The Commission shall pay out of the 
 proceeds of the sale of said bonds all valid claims for damages or 
 otherwise which may be preferred against it, and neither the County 
 nor the District shall be liable for any debt which the Commission 
 may incur, or any claim for damages which may be asserted or 
 awarded against the 'Commission. 
 
 152. County Attorney to Advise Board. (All legal services or 
 advice which may be required by the Commission shall be rendered 
 by the County Attorney and his assistants without additional com- 
 pensation. 
 
 153. County Board to Canvass Votes It shall be the duty of 
 the Fiscal Court to canvass the votes of the election provided for in 
 Section 7 hereof, and upon its appearing that two-thirds of the voters 
 in the district voting upon the question shall have voted in favor of 
 the issue of said bonds, shall certify this fact by an order to be en- 
 tered upon the order book containing the proceedings of the Fiscal 
 Court. The said bonds shall contain a certificate that they have 
 been duly issued under the provisions of this act, and such certificate 
 shall be conclusive evidence that all steps preliminary to their valid 
 issue have been regularly taken. 
 
 154. Tax Levy to be Continued The Fiscal Court shall have 
 power and authority, and it shall be its duty, to continue to levy said 
 tax on the property of the entire district which voted the said bonds, 
 notwithstanding any part thereof may be subsequently incorporated 
 into any town, city or other municipal subdivision. 
 
 CHAPTER XII. 
 GRADED COMMON SCHOOLS. 
 
 155. Election to Establish Petition for Limit of Tax 
 Boundary New Boundary It shall be the duty of the county judge 
 in each county of this Commonwealth, upon a written petition signed 
 by at least ten legal voters, who are taxpayers in the justice's dis- 
 trict, town or city of the fifth or sixth classes in his county to 
 make an order on his order book, at the next regular term of nis 
 court after he receives said petition, fixing the boundary of any pro- 
 posed graded common school 'district, as agreed on by the county 
 judge and the petitioners, and directing the sheriff or other officer, 
 whose duty it may be to hold the election, to open a poll in said 
 proposed graded common school district, at the next regular State, 
 town or city election to be held therein, or on any other day fixed 
 by said judge in said order, not in either case earlier than forty days 
 from the date of said order, for the purpose of taking the sense of 
 the legal white voters in said proposed graded common school dis- 
 
SCHOOL LAWS OF KENTUCKY. 55 
 
 trict upon the proposition whether or not they will vote an annual 
 tax, in any sum named in said order, not exceeding fifty cents on 
 each one hundred dollars of property assessed in said proposed 
 graded common school district, town or city, belonging to said white 
 voters or corporations, or a poll tax in any sum named in said order, 
 not exceeding one dollar and fifty cents per capita on each white 
 male inhabitant over twenty-one years of age residing in said pro- 
 posed graded common school district, or both an ad valorem and a 
 poll tax, if so stated in the order, for the purpose of maintaining a 
 graded common school in said proposed graded common school dis- 
 trict, and for erecting, purchasing or repairing suitable buildings 
 therefor if necessary. Provided, That the proposition to establish 
 any graded common school district and school, as provided for in 
 this section, is approved in writing on the petition to the county 
 judge by a majority of the trustees of any common school district, 
 included wholly or partly within the boundary of said proposed 
 graded common school district, and approved in writing on said pe- 
 tition by the county superintendent of common schools; that no 
 point on the boundary of any proposed graded common school dis- 
 trict be more than two and one-half miles from the site of its pro- 
 posed school house, and that the location and site of said school 
 house in said district are set out with exactness in said petition to 
 the county judge. If, at any time, two years having intervened 
 since such graded common school district was established, it be- 
 comes 'desirable to change the boundary of the same, it shall be 
 the duty of the county judge, upon a written petition signed by the 
 person or persons desiring to be changed, wlio are, under this law, 
 legal voters in the school district or districts in which they reside 
 and who at the same time own the real estate sought to be trans- 
 ferred, to make an order on his order book at the next regular term 
 of this court after receiving said petition fixing the new boundary of 
 the said graded or common school district as agreed on by the 
 county judge and the petitioners. 'Such petition, to be valid, shall 
 set out in full the new boundary of said district, which shall be 
 recorded as in case of the original -boundary, and a copy of same 
 shall be furnished the Board of Education of said .graded common 
 school district; but no such change shall be made unless said peti- 
 tion be approved in writing by a majority of the Board of Educa- 
 tion of each district concerned, as well as by the county superin- 
 tendent. The provisions of this act, under like conditions and re- 
 strictions, touching change of boundary, shall apply equally to 
 changes in boundary of districts heretofore established by local or 
 special law, which incorporates any city, town or village as one 
 district, as described in Ky. Stat. section 4433. (Ky. St. Sec. 4464 
 as amended by act of May 26, 1897.) 
 
 156. Conditions for Establishing a Graded School District 
 Uniting with Schools of Adjacent Counties Amount Tax Voted 
 
56 SCHOOL LAWS OF KENTUCKY. 
 
 Two and Half Mile Limit May Change Boundaries It shall be 
 the duty of the county judge in each county of this Commonwealth, 
 upon written petition signed by at least ten legal voters who are 
 taxpayers in the school districts of his county, and who desire to 
 unite with school districts of an adjacent county, for the purpose 
 of establishing a graded school, to make an order on the order book 
 at the next regular term of this court after he receives 'Said petition, 
 fixing the boundary of any proposed graded common school district, 
 as agreed on by the county judges and petitioners of the counties, 
 out of which said school district is to be joined, and directing the 
 sheriff or other officer of each county, whose duty it may be to hold 
 the election, to open a poll in said proposed graded common school 
 district on some day fixed by said judges in said order, for the 
 purpose of taking the sense of the legal white voters in said pro- 
 posed graded common school district upon the proposition whether 
 or not they will vote an annual tax, in any sum named in said order, 
 not exceeding fifty cents on each one hundred dollars of property 
 assessed in said proposed graded common school district belonging 
 to said white voters or corporations, or a poll tax in any sum named 
 in said order, not exceeding one dollar and fifty cents per capita on 
 each white male inhabitant over twenty-one years of age residing in 
 said proposed graded common school district, or both an ad valorem 
 and a poll tax, if so stated in the order, for the purpose of maintain- 
 ing a graded common school in said proposed graded common school 
 district, and for erecting, purchasing or repairing suitable buildings 
 therefor, if necessary: Provided, The proposition to establish any 
 graded common school district and school as provided for in this 
 section, is approved in writing on the petition to the county judges of 
 each county represented by a majority of the trustees of any common 
 school district, included wholly or partly within that portion of the 
 said proposed graded common school district, which is included in 
 his county, and approved in writing on said petition by the county 
 superintendent of common schools in each county; that no point on 
 the boundary of any proposed graded common school district be 
 more than two and one-half miles from the site of its proposed 
 school house, and that the location and site of said school house in 
 said district are set out with exactness in said petition to the county 
 judges of the counties concerned. If, at any time, two years having 
 intervened since such graded common school district was estab- 
 lished, it becomes desirable to change the boundary of same, it shall 
 be the duty of the county judges concerned, upon a written petition 
 signed by the person or persons desiring to be changed, who are, 
 under this law, legal voters in the school district or 'districts in 
 which they reside, and who at the same time own the real estate 
 sought to be transferred, to make an order on their respective order 
 books at the next regular term of their court after receiving said 
 petition fixing the new boundary of the said graded or common 
 
SCHOOL LAWS OF KENTUCKY. 57 
 
 school district, as agreed on by the county judges and the petition- 
 ers. Such petition, to be valid, shall set out in full the new boun- 
 dary of said district, which shall be recorded as in case of the orig- 
 inal boundary, and a copy of same shall be furnished- the Board of 
 Education of said graded common school district, but no such 
 change shall be made unless said petition be approved in writing 
 by a majority of the Board of 'Education of each district concerned, 
 as well as by the county superintendent. If it shall appear that a 
 majority of the votes cast at the said election were i n favor of said 
 tax, then it shall be the duty of the county judge, representing the 
 largest division of said district, to cause the certificate of the Exam- 
 ining Board, showing the amount of tax voted, and the names of 
 the six trustees elected, to 'be entered of record in the order book of 
 his court, and to give a copy thereof to the county superintendent, 
 who, in connection with the trustees, shall organize a graded com- 
 mon school in said district in acordance with the provisions of this 
 law. The district so established shall belong to the county in -which 
 the largest division lies, and all laws now in force for the governing 
 of graded common schools, and not in conflict with the above shall 
 apply to graded common school districts established under this act. 
 (Ky. Stat. Sec. 4464a.) 
 
 157. Limits May be Extended Disposition jf Property \r\ An- 
 nexed Territory When Change to Take Effect Power of Trustees 
 Any graded common school district organized and existing under any 
 special act of the Legislature, and any such district that has been or 
 may be hereafter organized under the general laws of this State, may, 
 by and with the written consent of a majority of the legal voters in 
 the territory to be added, extend the limits of such district so as to 
 include such additional territory as the Board of Education or trustees 
 of such district, may desire to take within the limits and add to such 
 district. (Acts of 1906) Whenever any additional territory tshall be 
 added to any graded common school district as provided by section 
 161 of this act, the school superintendent of the county shall make 
 such changes in the common school district or districts affected there- 
 by as he may deem proper to accommodate the pupils of such com- 
 mon school districts. If the territory added to any graded common 
 school district as provided by this act, shall include any common 
 school house and grounds, the title thereto shall vest in the Board of 
 Education, or trustees of such graded common school district, who 
 shall have the right to either utilize the same for school purposes, or 
 sell and convey same at such price as they may determine, and use 
 the proceeds for school purposes in said district: Provided, however, 
 If the taking of such school house and grounds into such graded 
 common school district shall necessitate the building of another house 
 for any common school district affected by taking the same, the grad- 
 ed common school district taking .such property shall pay to the com- 
 mon school district in which such new house is to be built the pro- 
 
58 SCHOOL LAWS OF KENTUCKY. 
 
 portion of the value of the ho\ise and grounds taken, as the pupils 
 left in the common school district affected bear to the whole num- 
 ber of pupils in such district at the time such change is made. When- 
 ever a change shall be made in the boundary of any graded common 
 school district as provided by this act, the Board of Education or trus- 
 tees of such district shall have the right to fix a date after such 
 change shall have been determined upon when such change shall take 
 effect, and until that time the government of the schools affected 
 thereby shall remain the same as before, and in the meantime such 
 boards of education or trustees and the county school superintendent 
 shall have the right to make all necessary provision for the accom- 
 modation of the pupils who will be affected by such change at the 
 time it takes effect. (Acts of 190G.) (Ky. Stat., Sec. 4464b.) 
 
 158. Duty of County Clerk It shall be the duty of the county 
 clerk to give to said sheriff or other officer a certified copy of the 
 order of the judge of the county court, as it appears in his order book, 
 within ten days after said order is made. (Ky. Stat. Sec. 4465.) 
 
 159. Duty of Sheriff or Other Officer who may Hold Election- 
 It shall be the duty of said sheriff or other officer to have the order 
 of the county judge published in some weekly or daily newspaper 
 published in the county for at least twenty days before the election, 
 and also to advertise the same by printed or written hand-bills, post- 
 ed at five conspicuous places in said proposed graded common school 
 district for the same length of time; but if there be no daily or week- 
 ly newspaper published in the county, the printed or written hand- 
 bills, posted as before provided, shall be sufficient notice. The said 
 sheriff or other officer shall have the advertisement inserted, and 
 notices herein provided for posted, within ten days after he receives 
 the order of the county judge and at least twenty days before the 
 election. (Ky. Stat. Sec. 4466.) 
 
 160. Manner and Object of the Election The said sheriff or 
 other officer shall appoint a judge and a clerk of the said election, 
 who shall take and subscribe to an oath for the faithful performance 
 of his duties. On the day set apart for the election, the officers 
 shall open a poll, and shall propound to each votor who may vote the 
 question, "Are you for or against the graded common school tax?" 
 and his vote shall be recorded for or against the same as he may 
 direct. (Ky. Stat. Sec. 4467.) 
 
 161. If Tax Voted, Duty of County Judge, County Superintend- 
 ent and Trustees If it shall appear that a majority of the votes cast 
 at the said election were in favor of said tax then it shall be the duty 
 of the county judge to cause the certificate of the examining board 
 showing the amount of tax voted, and the names of the five trustees 
 elected, to be entered of record in the order-book of his court, and 
 to give a copy thereof to the county superintendent, who, in connec- 
 tion with the trustees, shall organize a graded common school in said 
 
S'OHOOiL LAWS OF KENTUCKY. 59 
 
 district in accordance with the provisions of this law. (Ky. Stat. Sec. 
 4468.) 
 
 162. -Board of Trustees The graded common school districts, 
 when organized as aforesaid, are hereby incorporated, and each of 
 them shall be under the management and control of a board of five 
 trustees. Tht first board to be elected at the same time and place, 
 and by the same persons who vote at the election for the tax, as pro- 
 vided in sections 129 and 132. (Ky. Stat. Sec. 4464 and 4467) of this 
 law; and the five persons receiving the highest number of votes cast 
 shall be declared elected trustees. (Ky. Stat. Sec. 4469, as amended 
 by Chap. 37, Acts of 1904.) 
 
 163. Style, Province and Power Board of Trustees The per- 
 sons so elected shall be named and styled "The Board of Trustees 
 of the - Graded Common School District," and in 
 
 that name may sue and be sued, contract and be contracted with, 
 and as a natural person may acquire, hold, dispose of and convey, 
 by purchase, gift, devise or otherwise, any real or personal estate, 
 goods and chattels, necessary and convenient for the use and pur- 
 poses of such graded common school; and the title to all such prop- 
 erty shall vest in said board of trustees and their successors in office, 
 to be held sacred for the use and benefit of said graded common 
 school district. (Ky. Stat. Sec. 4470.) 
 
 164. Classification of Trustees Regular Election of Va- 
 cancy, How Filled Hereafter the board of trustees of a graded com- 
 mon school shall consist of five members: Provided, That the pres- 
 ent members of any board may serve until the expiration of their 
 respective terms. At the next regular election of trustees, and 
 thereafter every third year, there shall be elected but one member 
 of said board except that vacancies occurring in said board may be 
 filled at any regular election for trustees. (Ky. Stat. Sec. 4469a.) 
 (This section is an act of March, 1904.) 
 
 165. Official Oath Required of Trustees tSaid trustees, before 
 entering upon the discharge of their duties, shall each take an oath 
 faithfully to perform the duties required of them under this law. (Ky. 
 Stat. Sec. 4472.) 
 
 166. By-Laws and Rules Journals and Proceedings Said 
 trustees may adopt such by-laws and rules for the government of 
 themselves and their appointees and for the control, government 
 and management of graded common schools in their respective dis- 
 tricts, as they may deem necessary, not in conflict with law, and 
 shall keep a journal of their proceedings, which shall be open at all 
 times to the inspection of any citizen of the graded common school 
 district in which he or she may reside. (Ky. Stat. Sec. 4473.) 
 
 167. Appointment and Qualification of Teachers Course of 
 Study^Said trustees shall appoint and employ a principal and all 
 teachers, and fix their compensation, and may suspend or dismiss 
 them, or any ot!ier person appointed or employed by them; may 
 
60 SCHOOL LAWiS OF KENTUCKY. 
 
 prescribe the branches (other than those required by law to be 
 taught in the common schools) which may be taught in said graded 
 common schools, and prescribe the necessary qualifications 1 , and the 
 mode of examination of applicants for positions as superintendent, 
 /principals, or teachers in said graded common schools, but no per- 
 son shall be appointed or employed as superintendent, principal or 
 teacher in any graded common school organized under the provis- 
 ions of this law who is not a person of good moral character, and 
 who has not a county certificate, as required by the common school 
 law of Kentucky. Each teacher in a graded common school, except 
 in cities of the first, second, third and fourth classes-, shall 'be re- 
 quired to keep a register as prescribed for teachers of other common 
 schools; which register shall be left with the president of the board 
 of trustees, who shall be responsible for it, and return it to the 
 teacher at the opening of the next school term. From the registers 
 in the hands of the several teachers in the graded common school, 
 and the record kept by the board of trustees, the principal teacher 
 and the president of the board of trustes shall, within ten days after 
 the close of the school, make a report to the county superintendent, 
 being provided with blanks therefor by the superintendent. (Ky. 
 Stat. Sec. 4474.) 
 
 168. Secretary of City School Beard Must Report It shall be 
 the duty of each secretary of the board of trustees of schools, main- 
 tained wholly or in part by the State, in cities of the first, second, 
 third and fourth classes, to report annually, on or before the first of 
 September, to the Superintendent of Public Instruction, such facts as 
 will enable him, in his reports to the General Assembly, to give the 
 important school statistics of such cities in connection with those of 
 the county in which they are situated. The secretary shall be supplied 
 by the Superintendent of Public Instruction with blanks therefor. 
 (Ky. Stat. Sec. 4475.) 
 
 169. President and Secretary of Board The said trustees shall 
 elect one of their number president, who shall preside at their meet- 
 ings, and perform such other duties as may be required of him, and 
 they may elect a secretary and prescribe his duties. The president 
 and secretary, or either of them, shall make such reports to the 
 county superintendent as are required of common school trustees, and 
 shall publish annually such information as will show the financial 
 condition of the graded common school district, and such other facts 
 as they may deem beneficial to the cause of education in their respec- 
 tive districts. (Ky. Stat. Sec. 4476.) 
 
 170. Free Tuition to Resident White Pupil Children AH white 
 children within the common school age residing in any graded com- 
 mon school district shall have the right of free admission to the grad- 
 ed common school thereof. (Ky. Stat. Sec. 4477.) 
 
 171. Terms of Admission of Other Pupils The trustees may 
 admit into said graded common school children who do not reside 
 
SCHOOL LAWS OF KENTUCKY. 61 
 
 within the said district, or persons over the common school age, on 
 such terms and conditions, and upon the payment of such tuition and 
 other fees as they may deem proper. (Ky. Stat. Sec. 4478.) 
 
 172. Treasurer, His Duties and Responsibilities -The said 
 board of trustees shall appoint a treasurer for said graded common 
 school district, who, before entering upon the duties of his office shall, 
 in the county court, execute bond, with sureties approved by the 
 court, payable to the Commonwealth of Kentucky, for the use and 
 benefit of the trustees of said graded common school district, condi- 
 tioned for the faithful performance of his duties under this 1 article. 
 All funds arising from the sale of bonds under this law, and 
 all funds collected for the purpose of defraying the annual expenses 
 of said schools, and for the payment of the principal and interest 
 of said bonds, or for any other purposes, shall go into the hands of 
 said treasurer, who shall, together with his sureties, be responsible 
 therefor. Said treasurer shall pay out said funds only for the pur- 
 poses for which they were respectively collected, upon the written 
 order of (the president and secretary of said board of trustees. The 
 board of trustees shall pay its treasurer such sum for his services 
 as shall be reasonable and just. (Ky. Stat. Sec. 4479.) 
 
 173. Payment of Pro Rata of the State and the County Funds. 
 The county superintendent of common schools shall, annually, pay 
 to the treasurer of any graded 'Common school district that may be 
 organized and operating in his county, in conformity with this article, 
 the pro rata portion of the State and county fund due the said dis- 
 trict, according to the number of pupil children therein, as soon as 
 the sam'e shall come into his hands; or, if desired by the trustees, 
 he may pay in January the full amount due said district. (Ky. Stat. 
 Sec. 4480.) 
 
 174. Provisions of Grounds and Buildings Issuance of Bonds 
 Sinking Fund Said board of trustees shall provide funds for pur- 
 chasing suitable grounds and buildings, or for erecting or repairing 
 suitable buildings, and for other expenses needful in conducting a 
 good graded common school in their graded common school district: 
 and to this end they may use such part of the proceeds of the said 
 tax as they deem necessary, and it shall be the duty of said board 
 of trustees, and if, in their opinion, it be necessary, and they are 
 hereby authorized and empowered to order an election and submit 
 to the voters of their respective graded common school districts the 
 question whether or not the trustees thereof shall issue bonds of 
 their respective graded common school districts, in any amount not 
 exceeding the limit provided by section (157) one hundred and fifty- 
 seven and (158) one hundred and fifty-eight of the present Constitu- 
 tion of this State, for the purpose of providing suitable grounds, 
 school buildings, furniture and apparatus for their respective graded 
 common school districts: Provided, That due notice of said election 
 shall be given by the trustees of their respective districts, by written 
 
62 SC'HOOOL, LAWS OF KENTUCKY, 
 
 or printed posters not less than one foot square, signed by the trus- 
 tees of their respective districts, stating the time, place and hours 
 of said election, posted at no less than six public, conspicuous places 
 in the district for ten days previous to the day of the election, and 
 by one insertion thereof in the newspaper, if any, published in said 
 district. The board shall appoint two judges, a clerk and a sheriff to 
 hold said election, who shall be first duly sworn before acting, and 
 shall be housekeepers and taxpayers, resident in the district for 
 which they are appointed, and one of the judges shall ask of each 
 voter: "Are you in favor of the issue of bonds by the trustees of 
 the graded common schools of this district, for the purpose of pro- 
 viding suitable grounds, school buildings, furniture and apparatus for 
 this district?" and the clerk shall record the answer, "Yes" or "No," 
 as given by the voter. If two-thirds of the voters voting at said elec- 
 tion vote in favor of the issue of the bonds, then the trustees of 
 such graded common school district may issue the bonds of said 
 district for an amount not exceeding the constitutional limit and in 
 conformity with the Constitution of this State. And, for the purpose 
 of meeting the interest on such bonds and creating a sinking fund 
 for the payment of the principal thereof, and the boards of trustees 
 of their respective districts, where the issue of such bond is voted, 
 are authorized and empowered to levy annually a tax in addition to 
 that already voted, which shall not increase the tax rate for school 
 purposes in their respective districts to more than seventy-five cents 
 on each $100 worth of taxable property within the district. The said 
 bonds may be of any denomination, in even hundreds, not exceeding 
 $1,000 each, running, not exceeding thirty years, and bearing interest 
 at a rate not exceeding six per cent, per annum, payable annually or 
 semi-annually, as expressed in said bonds, payable to bearer, with 
 interest coupon? attached. They shall be signed by the president of 
 said board ot trustees and attested by the secretary thereof, shall 
 pass by delivery, and shall be redeemable at the option of said board. 
 Said bonds shall be sold by the trustees, or their authorized agent, 
 for the highest price obtainable, but not for less than their face par 
 value and accrued interest, and the proceeds paid over to the treas- 
 urer and applied to the uses and purposes contemplated in this law. 
 (Ky. Stat. Sec. 4481.) 
 
 175. Provisions of Section 4481 Applied to all Districts All the 
 rights and powers as to issuing bonds and levying of taxes to pay 
 the principal and interest of same mentioned in section 12G as 
 amended by the act of the General Assembly, approved March twelfth, 
 one thousand eight hundred and ninety-six, Acts 1896, chapter 4, 
 and for the purpose therein mentioned, are hereby applied to and 
 conferred upon all graded common schools, maintained by any city 
 of the fifth or sixth class, or any town or school district organized 
 by virtue of a special act of the General Assembly. The election to 
 take the sense of the voters as to issuing of said bonds and levying 
 
SCHOOL LAWS OF KEiNTUCKY. 63 
 
 said taxes to be held by the board of trustees as provided in said act 
 of one thousand eight hundred and ninety-six. (This section is an 
 act of March 21, 1902.) (Ky. Stat. Sec. 4481a.) 
 
 176. Levy of Annual Property Tax and Capitation Tax Pro- 
 visions for Sinking Fund The board of trustees of any graded com- 
 mon school district where the tax has been voted shall cause to be 
 levied and collected an annual ad valorem tax, in any sum not ex- 
 ceeding the amount voted for in said district under the provisions 
 of this law, upon each one hundred dollars worth of property of 
 every kind and character, having value and owned by any white 
 person, company or corporation, subject to taxation within the limits, 
 of said graded common school district; or shall cause to be levied 
 annually a poll tax in any sum not exceeding the amount voted in 
 said district under this law, on each white male citizen residing 
 within the limits of any graded common school district, over twenty- 
 one years of age, or both an ad valorem and a poll tax, if so voted 
 at the said election. Provided, no levy shall be made under the pro- 
 visions of this law later than the close of the fiscal year in which 
 the last county assessment shall have been made. The board of 
 trustees shall, out of collections under each levy, by order, set apart 
 out of the collection of each levy a sufficient amount to pay interest 
 for the year on any bond issued, and the treasurer shall pay same; 
 and, in addition, shall, out of the several levies, until entire payment 
 of such bonds, set aside a sufficient amount as a sinking fund, when 
 aggregated, to meet the principal of the bonds at maturity, which 
 sinking fund shall be kept loaned, with ample security, or profitably 
 invested, and shall be used for no other purpose than the payment 
 of principal of such bonds. But if the board so order, the sinking 
 fund, or any part thereof, may be used in the purchase of such bonds 
 before maturity, except a sufficiency to pay interest on the outstand- 
 ing bonds. (Ky. Stat. Sec. 4482.) 
 
 177. Assessment, Collection, etc., Governed by Section 4443, Ky. 
 Statute The assessment of property, the collection of taxes, powers 
 and duties of trustees and other officers in graded common school 
 districts, shall be governed by section 4443. (Ky. Stat. Sec. 4483.) 
 
 178 Title to all Common School Property Vested in Board 
 of Trustees The title to all common school and all county seminary 
 property in the limits of any graded common school district, organ- 
 ized under the provisions of this law, shall be, and the same is hereby, 
 vested in the board of trustees of said graded common school dis- 
 trict, and they are hereby authorized and empowered to sell and con- 
 vey the same, or to use the same for graded common school pur- 
 poses, as to them shall seem best; but when county seminary prop- 
 erty shall be* appropriated, all pupils of the county shall be permitted 
 to attend such school at such reduced tuition from what is ordinary 
 as shall be equitable, and make good to them their interest in said 
 seminary property. It is further provided that when any graded 
 
64 SCHOOL LAWS OF KENTUCKY. 
 
 school district shall embrace any school property owned or held in 
 trust by trustees, said trustees, by a majority vote of their board, are 
 hereby authorized and empowered to convey their school property 
 to the trustees of the graded school at such price and on such con- 
 ditions as may be agreed upon by the trustees of both parties. (Ky. 
 Stat Sec. 4484.) 
 
 178a. When Trustees Appoint Officers of Election Their Duties 
 After the first election provided for in this law, shall have been 
 held, the tax voted, trustees elected, and the graded common school 
 organized, the board of trustees shall appoint the officers to hold all 
 other elections, which officers shall take an oath to be under the 
 same responsibilities and subject to the same penalties as the offi- 
 cers holding State or county elections, only they shall make returns 
 of poll-books, and certify the result of the elections to the board of 
 trustees, who shall examine and compare the same, and issue certi- 
 ficates to the persons found to be elected. (Ky. Stat. Sec. 4485.) 
 
 179. Proposition Failing, a Vote may be had again in Tw 
 Years If it be found that a majority of the votes cast upon the said 
 proposition in the election provided for in section 128, (4464 Ky. 
 Stat.) to be cast against said tax, then the said tax shall not be 
 levied or collected. But the question of voting the said tax may, 
 after the expiration of two years from the first or any subsequent 
 vote, be again submitted to the legal voters of said district upon 
 the conditions and in the manner prescribed for the first vote. (Ky. 
 Stat. Sec. 4486.) 
 
 180. Colored Graded Free Schools The provisions of this law 
 shall apply to such graded common school districts as may be ap- 
 plied for and organized by the colored people of this Commonwealth, 
 and such districts and graded schools may be organized by them, in 
 all cases, the same as the white districts herein provided for are 
 organized. In that case the word "colored" is to be substituted for 
 the word "white" whenever it has occurred heretofore in this law. 
 No white person shall vote at any election held by the colored people 
 under the provisions of this law; nor shall the property of any white 
 person be taxed to maintain any graded common school for colored 
 children; nor shall the property of a colored person be taxed for tho 
 benefit of any graded common school 1 for white children; nor shall 
 any white child attend any graded common school for colored chil- 
 dren organized under the provisions of this law; nor shall any color- 
 ed child attend any graded common school for white children. (Ky. 
 Stat. Sec. 4487.) 
 
 181. Fifth and Sixth Class Cities, or School Organized by Spe- 
 cial Act, May Accept Provisions, etc. (The provisions of this article 
 shall not affect or in any way interfere with any graded common 
 school or schools maintained by any city of the fifth or sixth class, 
 or any town or school district organized by virtue of a special act 
 of the General Assembly, unless the said city, town or district shall, 
 
SCHOOL LAWS OF KENTUCKY. 65 
 
 by a majority vote, endorsed by the recorded action of the board of 
 trustees, accept the provisions of this article for the government of 
 .said school or schools in any election held under the written order 
 of the county judge, or the mayor of said city, in the manner and 
 under the restrictions of sections 128, 129, and 130, in which election 
 nothing but the matter of such acceptance shall be determined; and 
 the only question propounded to each voter shall be: "Are you in 
 favor of accepting the provisions of the general graded common 
 school law?" In the event of such majority vote in favor of accept- 
 ing the said provisions, and an endorsement by the board of trus- 
 tees, the graded common school or schools of the said city, tcwn or 
 district, shall thereafter be governed by and subject to all the pre- 
 ceding provisions for graded common schools. (Ky. Stat. Sec. 4488.) 
 182. First, Second, Third and Fourth Class Cities Provisions 
 The provisions of this article shall not affect, or in any way inter- 
 fere with, any system of graded common schools established and 
 maintained by any city of the first, second, third or fourth class, 
 by virtue of a general or special act of the General Assembly. Any 
 city of the first, second, third or fourth class may accept the provis- 
 ions of this law, and establish graded common schools, subject to 
 all the provisions thereof, except as especially hereinafter provided 
 in this section, by a majority vote, indorsed by the recorded action 
 of the board of trustees, at an election held in the manner prescribed 
 in section 128. In the event of a majority vote in favor of accepting 
 the said provisions, and an indorsement by the board of trustees, 
 the following provisions shall apply to the graded common schools 
 of such city of the first, second, third or fourth class 1 instead of the cor- 
 responding provisions in the preceding section of this article: (1.) 
 An order for the holding of an election, as first provided in section 
 128, may be made by the mayor, and the said mayor shall, in such 
 case, perform all the duties required of the county judge in carrying 
 into effect the provisions of the law; the number of petitioners shall 
 be one hundred instead of ten; the election shall be held by the offi- 
 cer whose duty it is to hold other city elections; the approval of the 
 county superintendent shall not be required in the petition; and the 
 location and site of any proposed school house shall not be required 
 to be set out in the said petition. (2.) The maximum limit for the 
 cost of any school building shall be one hundred thousand dollars 
 ($100,000), instead of fifteen thousand dollars ($15,000). (3.) The num- 
 ber, name and style of the board of trustees shall be determined by 
 themselves instead of the number limited to five; but the number of 
 trustees in no case shall exceed one more than the number of wards 
 in the city. (4) The length of the term, the order of retirement, the 
 date of election of trustees, may be fixed by the charter of said city, 
 but the term of office shall in no case exceed four years. (5.) Prin- 
 cipals and teachers shall not be required to hold county certificates. 
 (6.) The president of the board of trustees may be elected from the 
 S. L. 3 
 
66 SCHOOL LAWS OF KENTUCKY. 
 
 city-at-large, if the said board shall so determine. (7.) The Superin- 
 tendent of Public Instruction shall pay directly to the treasurer of 
 the city graded common schools the pro rata portion of school funds 
 due said city from the State. (8.) The aggregate amount of the out- 
 standing bonds issued by the board of trustees shall 1 not, at any given 
 time, exceed 2 per cent, of the taxable property of the city, instead 
 of the bonds so issued being limited in amount to fifteen thousand 
 dollars ($15,000.) (9.) The assessment of property made by the city 
 assessor, and equalized according to law, shall be made the basis for 
 collection of city taxes for school purposes of every kind, and the 
 said taxes shall be collected by the city collector at the time of col- 
 lecting other city taxes, and he shall be responsible on his official 
 bond for the same. (Ky. Stat. Sec. 4489.) 
 
 183. Tax to Complete Buildings and Pay Old Debt The board 
 of trustees of graded schools maintained by taxation, and designed for 
 the education of children residing within certain boundaries, may, in 
 case where the tax now imposed in such districts is not sufficient to 
 pay for the school buildings which have heretofore been completed 
 but not paid for, issue bonds of such districts for an amount equal 
 to the sum due for completing the school buildings, and impose an- 
 nually a tax of not exceeding twenty-five cents on each $100 worth of 
 property in the district, in addition to the tax now imposed in such 
 districts, to pay the bonds so issued and the interest thereon; and 
 the foregoing provisions shall apply as well to like schools under tne 
 authority and management of a board of education or other authority 
 of a district, town or city; and in cases where bonds were issued prior 
 to the adoption of the present Constitution, by authority of special 
 laws, and have matured without being paid, the board of trustees, 
 board of education or other authority of a town, city or district, 
 may issue the bonds of the district, town or city to an amount equal 
 to the sum still due and unpaid, under the conditions and restric- 
 tions herein imposed. (Ky. Stat., Sec. 4490.) 
 
 184. Interest on Bonds Limited The bonds so issued shall 
 bear not exceeding six per cent, interest per annum, and shall be 
 issued by a majority of the trustees, and in such manner as they 
 may deem best, and shall be payable at such times and at such places 
 and in such amounts as they may determine; and the tax to pay the 
 bonds and interest shall be imposed by an order signed by a majority 
 of the trustees, specifying the annual tax to be imposed. (Ky. Stat., 
 Sec. 4491.) 
 
 185. Assessment and Collection Governed by Sec. 4443 Ky. 
 Statute The tax imposed shall be paid on the assessed value of the 
 property in the district as ascertained by the assessment made for 
 State and county purposes next preceding the collection of the tax, 
 and shall be collected in the same manner as is provided for the col- 
 lection of district taxes by section 4443, Kentucky Statutes, and the 
 same penalties shall be added for failure to pay the same; and the 
 
SCHOOL LAWS OF KENTUCKY. 67 
 
 same compensation shall be paid for its collection as is paid for col- 
 lecting State revenue. (Ky. Stat, Sec. 4492.) 
 
 186.- Tax to Pay Bonds and Interest When Levied The board 
 of trustees shall annually, on the second Monday in May, impose the 
 tax, and when paid the treasurer of the board shall at once apply the 
 same to the payment of the bonds and interest as required by the 
 board. When the bonds and interest are paid the tax shall not be 
 levied or collected, nor shall the trustees, or any of them, receive 
 any compensation for their services under this law. (Ky. Stat., Sec. 
 4493.) 
 
 187. Who to Sign Bonds Settlement of Accounts The bonds 
 herein provided for shall be signed by the chairman of the board of 
 trustees of the graded school and countersigned by the secretary. The 
 collecting officer and the treasurer of the board of trustees shall set- 
 tle their accounts with the board on or before the first Monday in 
 January each year, and the board may require them to state their 
 accounts as often as once every three months. (Ky. Stat., Sec. 
 4494.) 
 
 188. Special Charter Schools Tax Levy That those graded 
 schools in this Commonwealth, operating under special charters 
 granted by the General Assembly, and known as Special Act Schools, 
 which do not now levy as much as fifty cents on each one hundred 
 dollars worth of taxable property within their respective districts, 
 shall have the power, and their charters are hereby so amended so 
 as to empower them to levy any rate of tax for operating expenses 
 not to exceed fifty cents on each one hundred dollars worth of tax- 
 able property within their respective districts and all other graded 
 schools of this Commonwealth, and that their Boards of Education 
 be, and same are hereby authorized to exercise this power when in 
 their judgment, the demands of the school make it expedient. 
 
 This law shall be in force and effect upon its passage and ap- 
 proval by the Governor. All laws and parts of laws in conflict with 
 the provisions of this act, are hereby repealed. (Acts of 1912.) 
 
 CHAPTER XIII. 
 TEACHER'S INSTITUTE. 
 
 189. Organization Object Time Programme and Syllabus 
 Penalty It shall be the duty of each county superintendent to organ- 
 ize, and cause to be held annually, a teacher's institute for the nor- 
 mal instruction, improvement and better qualification of the teachers 
 in his county. The institute shall occupy not less than five nor more 
 than ten days, and shall be held between the first day of July and the 
 first day of November. The Superintendent of Public Instruction 
 
68 SCHOOL LAWS OF KENTUCKY. 
 
 and the two professional members of the State Board of Examiners 
 shall .constitute a committee on programme to prepare and place in 
 the hands of each county superintendent, not later than June first 
 of each year, a programme of the work of the institute, and a syl- 
 labus of each -subject of instruction. The programme and syllabus 
 shall be furnished each member of the institute, and shall be faith- 
 fully and efficiently carried out. Any county superintendent, who 
 shall wilfully fail or neglect to hold the annual institute as prescribed 
 in this article, shall be fined fifty dollars. (Ky. Stat. Sec. 4507.) 
 
 190. One or more Able and Experienced Conductors to be Em- 
 ployed Each county superintendent of the State may employ one 
 or more able and experienced institute instructors to direct each in- 
 stitute held by him, and to instruct the teachers thereof. (Ky. Stat., 
 Sec. 4508.) 
 
 191. Convention of Institute Conductors Object of Beginning 
 in 1894, the Superintendent of Public Instruction may, annually, call 
 all the professional institute workers of the State into institute con- 
 vention at the State Capitol, during the month of May, for the pur- 
 pose of better organization and more effective management of in- 
 stitute work. At the said institute convention, the whole subject of 
 institute work shall be thoroughly discussed and the best plans for 
 prosecuting it throughout the State shall be adopted and used in all 
 counties. The said institute convention may suggest to the commit- 
 tee on programme, principles, subjects and methods for incorporation 
 in the programme syllabus. (Ky. Stat., Sec. 4509.) 
 
 192. Who Must Attend Institute Penalty for Non-Attendance. 
 etc. Sickness and Disability Every teacher of a common school, in- 
 cluding teachers of the graded common schools in cities of the. fifth 
 and sixth classes, who hold a State diploma, State certificate or 
 county certificate, or who contemplate applying for a certificate of 
 qualification to teach in the common schools, shall attend the full 
 session of the institute in his home county, unless he is teaching in 
 another county in which the institute is yet to be held, or has at- 
 tended the institute of a county in which he has a contract to teach. 
 If teaching in a county other than his home county, whose institute 
 is yet to be held, he must attend the full session of the latter. The 
 county superintendent shall revoke the certificate of any teacher who 
 shall fail or neglect to attend the full session of the institute, unless 
 the superintendent shall be fully satisfied that such failure has 
 been caused by actual sickness or other disability. After the county 
 institute has been held, it shall be unlawful to grant any person a 
 certificate to teach at any time during that school year, unless the 
 said person shall have attended the full session of the institute of 
 that or some other county during that school year, or unless the 
 county superintendent shall be fully satisfied that the failure to at- 
 tend the institute has been caused by sickness or other disability. 
 During the institute, there shall be a suspension of all the schools 
 
SCHOOL LAWS OF KENTUCKY. 69 
 
 as are in session, but no reduction of the teachers' salary shall be 
 made on account of such suspension. The time of actual attendance 
 upon the institute in days and parts of days shall be accredited to 
 the teachers, if institute be held during the session of his school. At 
 the close of the institute, the county superintendent shall give to 
 each teacher or other person in attendance a certificate of the num- 
 ber of days and parts of days that the teacher or other person has 
 attended, which certificate of attendance shall be filed by the teacher 
 with the chairman of the division board of education of the district, 
 who shall make report thereof to the county superintendent at the 
 time of reporting the school." (Ky. Stat., Sec. 4510 as amended 
 Chap. 35, Acts 1906.) 
 
 193. Joint Institutes Two Conductors to be Engaged Record 
 Any adjoining counties, not exceeding four in number, may com- 
 bine and hold a joint institute: Provided, The county superintendents 
 of all the counties concerned shall agree upon the plans necessary 
 to the purpose; that each of them shall attend the full session of 
 the said joint institute, and keep the record provided in section one 
 hundred and sixty-seven, and that at least two able and experienced 
 instructors are employed, if more than two counties are combined. 
 (Ky. Stat., Sec. 4511.) 
 
 194. Duties of County Superintendent Fees The county super- 
 intendent shall be present during the entire session of the institute; 
 shall have the roll called every morning and afternoon; shall keep 
 a strict daily register of the presence, absence and tardiness of the 
 teachers and other members, and of the exercises of the institute, and 
 after the close thereof, shall have the proceedings printed in one or 
 more newspapers. He may collect two dollars, but in no case shall 
 he collect less than one dollar from each teacher or other person in 
 attendance on the institute, except honorary members, and twenty- 
 five cents of the sum so collected from each person shall be paid into 
 the county library fund. From the fees collected from the teachers 
 and other persons in attendance the county superintendent shall 
 pay all necessary expenses of the institute. The proceedings shall be 
 published in such local papers as will do this without charge, and 
 one copy shall be forwarded to the office of Superintendent of Public 
 Instruction. Any residue, after the payment of institute expenses shall 
 also be paid the county library fund. In case of a joint institute, 
 any surplus fund shall be pro rated among the counties concerned. 
 (Ky. Stat., Sec. 4512.) 
 
 195. Selection of Proper Place for Institute Notices of In 
 selecting a proper place for holding the teachers' institute, the coun- 
 ty superintendent shall decide with reference to the convenience and 
 accommodation of the place, and shall endeavor to make such ar- 
 rangements as he best can for economizing and reducing the ex- 
 penses of teachers while in attendance. He shall, twenty days 
 before the institute begins, notify by mail the trustees of his county 
 
70 SCHOOL LAWS OF KENTUCKY. 
 
 of the time and place of holding it; and it shall be the duty of each 
 trustee to notify promptly every teacher in his school subdistrict. 
 The county superintendent shall likewise direct the trustee of each 
 subdistrict to post notices thereof. (Ky. Stat., Sec. 4513.) 
 
 196. Normal Instructors to be Recommended The Superintend- 
 ent of Public Instruction may, when requested by a county superin- 
 tendent, recommend able and experienced normal instructors to con- 
 duct the teachers' institute whose pay shall be derived from and 
 paid by the county superintendent out of the funds raised from the 
 teachers and other members of the institute. (Ky. Stat., Sec. 4514.) 
 
 197. Subject of Instruction At each session of the institute, 
 every subject embraced in the common school course shall be 
 brought before the institute, illustrated and described, and every fea- 
 ture of school organization and school management, together with 
 the whole work of the teacher, shall be considered, and the common 
 school laws of the State read and expounded. (Ky. Stat., Sec. 4515.) 
 
 198. County Teachers' Association During the session of the 
 institute there shall be held a county teachers' association and one 
 hour in the afternoon or night meeting shall be daily set apart for 
 this purpose. The association may be composed of all the officers 
 and teachers of common schools present, and shall be called to- 
 gether by the county superintendent, who shall ^be ex officio pres- 
 ident. The object of such association shall be, primarily, to discuss 
 and devise the best ways and means of promoting the interest of 
 education, the improvement of teachers, and the methods of teach- 
 ing and especially to devise means for securing better school houses, 
 better attendance, and local aid for common schools. The said asso- 
 ciation shall be a permanent organization, with one vice-president 
 for each magisterial district to be elected or appointed; and shall 
 hold at least one meeting in each magisterial district, besides the 
 meeting at the institute during the first six months of each school 
 year. Every teacher shall attend at least the meeting held in the 
 magisterial district in which he shall teach, and upon failure to do 
 so, shall teach an additional day during the school month following 
 such failure, unless he shall satisfy the county superintendent that 
 such failure was caused by sickness or other actual inability. The 
 county superintendent shall attend each meeting of the association, 
 and shall prepare or have prepared a programme of the exercises 
 therefor. (Ky. Stat., Sec. 4516.) 
 
 199. Report of County Superintendent The county superin- 
 tendent shall, at the time of making his annual report to the superin- 
 tendent, also report the time and place of holding the teachers' in- 
 stitute, the name of the person or persons conducting the same, the 
 number of persons registered as in attendance, the sum collected 
 by a fee from each person in attendance, the number of teachers of 
 ommon schools in the county who did not attend the institute and 
 teachers' association; and such other facts as he may deem of value 
 and Interest. (Ky. Stat., Sec. 4517.) 
 
SCHOOL LAWS OF KENTUCKY. 71 
 
 CHAPTER XIV. 
 COUNTY AND DISTRICT LIBRARY. 
 
 200. County Library By Whom Kept Funds How Provided- 
 There shall be a county teachers' library in <each county of the Com- 
 monwealth to be kept under the care and in the office of the county 
 superintendent, for the exclusive use and benefit of the teachers of 
 the county. The sums collected for the purpose at each annual in- 
 stitute, and all sums added thereto by donation, shall constitute the 
 county library fund, which shall be kept and accounted for by the 
 county superintendent. (Ky. Stat. Sec. 4518.) 
 
 201. Library Committee By Whom Composed Duties The 
 county superintendent, as chairman, and two persons annually elect- 
 ed by the county institute, shall constitute a library committee, for 
 the selection and purchase of books, periodicals and furniture, 
 and for the adoption of rules for the management of the library un- 
 der the regulations of the State Board of Education. The Superin- 
 tendent of Public Instruction shall supply each of these libraries 
 with a bound copy of each edition of the school law, of his biennial 
 reports, and other publications of his department. The library com- 
 mittee shall keep a permanent record of its acts and accounts open 
 at all times for the inspection of the teachers; and, through its 
 chairman, shall annually report to the county institute an itemized 
 statement of all sums received and expended; the number, names and 
 cost of books and other articles purchased; all donations of books 
 and periodicals, with the names of the donors; the number of books 
 belonging to the library; the number in the library; the number in 
 loan, and such other facts as may be required; and, in his annual re- 
 port to the Superintendent of Public Instruction, the county superin- 
 tendent shall state the sums received, the sums expended, the num- 
 ber of volumes in the library, and the increase during the year. (Ky. 
 Stat. Sec. 4519.) 
 
 202. Organization and Management of District Library When, 
 by contribution, purchase or otherwise forty volumes can be collected 
 for such purpose, the subdistrict trustees may organize a district 
 library in connection with the school of the subdistrict, which shall 
 be for the use of the subdistrict in which the same is located. They 
 may make such suitable arrangements for keeping the books and 
 periodicals of the said library as may be necessary, and may appoint 
 a suitable person to take charge of the same, and to manage it ac- 
 cording to such rules as they may prescribe, subject to the regula- 
 tions prescribed by the county board of examiners. (Ky. Stat., Sec. 
 4520.) 
 
72 SCHOOL LAWS OF KENTUCKY. 
 
 203. Trustees to have Control of District Library Regulations- 
 The trustees shall have the same control over the library as over the 
 other school property; may receive donations of books, maps, charts 
 and other works of interest. But no books of a sectarian, infidel or 
 immoral character shall be placed in the library; and any such books 
 found therein shall be removed by order of the trustees or of the 
 county superintendent. The library shall be free to all pupils of 
 suitable age belonging to the schools of the subdistrict, but any resi- 
 dent of the subdistrict may become entitled to the privileges upon the 
 payment of such sum of money for membership as the trustees may 
 prescribe. (Ky. Stat. Sec. 4521.) 
 
 CHAPTER XV. 
 ENFORCED ATTENDANCE. 
 
 204. (Parents and Guardians to Send Them to School Every 
 parent, guardian or other person residing within the boundary of the 
 county school district law, and having the custody, control or super- 
 vision of any child, or children between the ages of seven and twelve 
 years, inclusive, shall cause such child or children to be enrolled in 
 and to attend some public or private day or parochial school regularly 
 for the full common school or graded common school term in each 
 year in the common school district of the county in which such child 
 or children may live in this Commonwealth. Provided, however, that 
 this act shall not apply in any case where the child has been or is be- 
 ing taught at home in such branches as are taught in the public 
 schools for a like period of time and subject to the same examination 
 as other pupils in the district in which such child resides; and for 
 the purpose of ascertaining whether or not any child is embraced 
 within this exemption the County Court may order such child to sub- 
 mit to an examination to be given by the county superintendent of 
 schools. Provided, further that this 1 section shall not apply to any child 
 who is excused by the County Board of Education, upon its being 
 shown to the satisfaction of the county superintendent of schools 
 that such child is not in proper physical or mental condition to attend 
 school. 
 
 205. Penalty for False Statement Any parent, guardian, or 
 other person having the custody, control or supervision of any child 
 embraced within the provisions of this act, who with the intent to 
 evade the provisions of this act, sihall make a false statement con- 
 cerning the age of such child or the time such child has attended 
 school, shall he deemed guilty of misdemeanor, and upon conviction 
 thereof may be fined in any sum not exceeding fifty dollars or by 
 imprisonment in the county jail not exceeding thirty days, or both so 
 fined and imprisoned at the discretion of the court. 
 
SCHOOL LAWS OF KENTUCKY. 73 
 
 Any parent, guardian or other person having the custody, control 
 or supervision of any child embraced within this act who shall be pro- 
 ceeded against under this act, may prove in defense that he is unable 
 to compel the child under his control to attend school, and he may 
 thereupon be discharged from liability, and such child shall be pro- 
 ceeded against as a delinquent child under the statutes in such cases 
 made and provided. 
 
 206. Penalty for Violation Any parent, guardian or other per- 
 son failing to comply with the provisions of this act shall forfeit to 
 the use of the schools within the district in which such child lives a 
 sum not less than five dollars ($5.00) nor more than twenty dollars 
 ($20.00) for the first offense nor less than ten dollars nor more than 
 fifty dollars for the second and every subsequent offense, and cost of 
 suit. 
 
 207. Teachers to Report Absence of Children It shall be the 
 duty of the teachers to report promptly and regularly to the sub-dis- 
 trict trustees or other local school officers and to the County Board 
 of Educaion through the county superintendent of schools, the names 
 of all parents, guardians or other persons who fail to comply with 
 the provisions of this act. It .shall then be the duty of said sub-district 
 trustee or other local school officers, and said County Boards of Edu- 
 cation through the county superintendent of schools to give written no- 
 tice to the parents, guardians or other persons having control or cus- 
 tody of such child that the attendance of such child is require'd, and 1 
 if such parent, guardian or other person having control or supervision 
 of such child doles' not comply immediately with the provisions of this 
 act, then said sub-district trustees or other local school officers, and 
 said Board of Education shall proceed against such child as a delin- 
 quent child, and against such parents, guardians or other persons hav- 
 ing the custody, control or supervision of such child for violation of 
 this act for contributing to the delinquency of such child. 
 
 208. County Court has Jurisdiction The County Courts of the 
 respective counties of the Commonwealth shall have exclusive juris- 
 diction of all cases coming within the terms and provisions of this 
 act, and any fines or penalties may be recovered by rule or in any way 
 in which a Court of Equity may enforce its orders or decrees. 
 
 209. Record of Birth and Age of Child A passport, a duly at- 
 tested transcript or the certificate of birth or baptism, a certified 
 copy under oath of a record in the family Bible, or other religious 
 record showing the date and place of birth of such child shall be pro- 
 duced as proof of age. In case such certificate or record as herein- 
 before provided cannot be secured, upon proof of such fact, the rec- 
 ord of the age stated in the first enrollment to be found .shall be con- 
 sidered as evidence thereof. If there be no school enrollment showing 
 such fact, other evidence as to the age of said child shall be consid,- 
 ered. 
 
74 SCHOOL LAWS OF KENTUCKY. 
 
 CHAPTER XVI. 
 
 COMPULSORY ATTENDANCE AND TRUANCY LAW IN CITIES 
 OF THE FIRST, SECOND, THIRD AND FOURTH CLASSES. 
 
 (Act 1910.) 
 
 210. Children Between the Ages of 7 and 16 to be Enrolled in 
 School Exceptions That every .parent, guardian or other person in 
 any city of the first, second, third or fourth class, having the cus- 
 tody, control or supervision of any child, or children, between the 
 ages of seven and sixteen years inclusive, s'hall cause such child to 
 be enrolled in and to attend some public or private day or parochial 
 school regularly each school year for a full term or period of said 
 school, provided that such private or parochial school term shall nor 
 be for a shorter period during each year than the term of the public 
 schools in the city of the child's residence. Provided, further, that 
 this act shall not apply in any case where the child has been, or is 
 being taught at home in such branches as are taught in the public 
 schools for a like period of time and subject to the same examina- 
 tions as other pupils of the city in which the child resides; and for 
 the purpose of ascertaining whether or not any child is embraced 
 within this exemption the court may order such child to submit to 
 an examination to be given by the city superintendent of schools. 
 Provided, further, that this section shall not apply to any child who 
 is excused by the Board of Education or school board of the city in 
 which the parent, guardian or person having the custody, control or 
 supervision of such child or children reside, upon it being shown 
 to the satisfaction of the superintendent or chief executive officer 
 of schools upon certificate of the Health Officer, which certificate 
 shall be filed in the office of the superintendent of schools, that 
 such child is not in proper physical or mental condition to attend 
 school. Provided, further, that the provisions of this act shall not 
 apply to any child between fourteen and sixteen years of age for 
 whom an employment certificate may have been issued in accord- 
 ance with the provisions of the child labor law. 
 
 211. Penalty for Failure to Comply With Act Any parent, 
 guardian or other person having the custody, control or supervision 
 of any child embraced within the provisions of this act, who shall 
 fail to comply with the provisions of this act, shall be deemed guilty 
 of misdemeanor, and upon conviction thereof shall be fined in any 
 sum not exceeding twenty-five ($25) dollars for the first offense, 
 and for any subsequent offense, upon conviction thereof, shall 'be 
 fined in $ny sum not exceeding one hundred ($100) dollars, or by 
 
SCHOOL LAWS OF KENTUCKY. ?R 
 
 imprisonment in the county jail for any period not exceeding fifty 
 days, or both so fined and imprisoned, in the discretion of the court. 
 
 212.-^Evasion by False Statement Penalty Defense Any 
 parent, guardian, or other person having the custody, control or 
 supervision of any child, embraced within this act, who with the 
 intent to evade the provisions of this act, shall make a false state- 
 ment concerning the age of such child or the time such child has 
 attended school, shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall be fined in any sum not exceeding one hun- 
 dred ($100) dollars, or by imprisonment in the county jail for a Pe- 
 riod not exceeding fifty days, or both so fined and imprisoned in 
 the discretion of the court. Any parent, guardian, or other person 
 having the custody, control or supervision of any child embraced 
 within this act, who shall be proceeded against under this act, may 
 prove in defense that he is unable to compel the child under his con- 
 trol to attend school, and he may be thereupon discharged from 
 liability, and such child shall be proceeded against as a delinquent 
 child under the statutes in such cases made and provided. 
 
 213. Record of Age A passport, a duly attested transcript of 
 the certificate of birth or baptism, a certified copy under oath of a 
 record in the family Bible, or other religious record, showing the 
 date and place of birth of such child shall 'be produced as proof of 
 age. In case such certificate or record as hefeinabove provided can 
 not be secured, upon proof of such fact, the record of the age stated 
 in the first school enrollment to be found shall be considered as evi- 
 dence thereof. If there be no school enrollment showing such fact, 
 other evidence as to the age of said child may be considered. 
 
 214. Fines and Penalties to be Used to Pay Officers Any 
 fines or penalties provided for in this act shall be for the use of the 
 public schools of the city in which such child resides. Any such 
 fine or penalty may be recovered by rule or in any way in which a 
 court of equity may enforce its orders or decrees. 
 
 215. Appointment of Truant Officers Qualifications Ex- 
 amination of Truant Officers Compensation Chief Truant Officer 
 May be Appointed In the first week of July in each year the board 
 of education in each city of the first, second, third and fourth classes 
 shall appoint at least one person for each ten thousand (10,000) 
 children enrolled in the school Census, to serve as truant officers, 
 whose term of office shall be during the pleasure of the board ap- 
 pointing him, who may be removed at any time by said board for 
 cause and whose duties shall 'be limited to the city where the ap- 
 pointment is made. If in any such city there shall be less than ten 
 thousand (10,000) children enrolled in the school census, there shall 
 be appointed, as above, on truant officer. Said truant officers shall 
 be residents of the city in which they are appointed, and of good 
 moral character. They must be able to read and write with ease. 
 In cities of the first class such truant officers shall not engage in any 
 
76 SCHOOL LAWS OF KENTUCKY. 
 
 other occupation during such period of time as the schools are in ses- 
 sion each year. Before they shall be eligible for appointment, all ap- 
 plicants for the position of truant oficer shall be examined by tin 
 superintendent of schools, who shall certify to the Board of Education 
 only such persons qualified as herein provided. Such truant officer 
 shall receive from the tax levy for school purposes of such cities not 
 less than one ($1.00) dollar, nor more than three ($3.00) 'dollars per 
 day during such period of time as he may be employed by the school 
 board. In cities of the first and second class, the Board of Education 
 may appoint a chief truant officer in addition to the truant officer or 
 officers herein provided for or may designate one of the truant offi- 
 cers as provided for, as chief truant officer, and shall be authorized 
 to pay such chief truant officer a salary of not exceeding twelve hun- 
 dred ($1,200) dollars per year, to be fixed by said board. It shall be 
 the duty of the chief truant officer, under the general direction of the 
 superintendent of city schools, to sup-ervise, control, and direct the 
 work of all truant officers appointed in such city. Such chief truant 
 officer shall cause to be made and fully kept, reports from all truant 
 officers, principals and teachers of the workings of this act and shall 
 be directly charged with the duty of seeing that the provisions of this 
 act are complied with. 
 
 216. Duties of Truant Officers Truant officers shall examine 
 into any case of truancy within the city or district, and when, from 
 .personal knowledge, or by report or complaint from any resident or 
 teacher of the city or district it appears that any child, subject to 
 the provisions of this act, is absent from school without lawful ex- 
 cuse, and in violation of the provisions of this act, or is persistently 
 truant from school, the truant officer shall immediately give written 
 notice to the parents, guardian or person having the custody, control 
 or supervision of such child that the attendance of such child is re- 
 quired, and if such parent, guardian or person having the custody, 
 control or supervision of such child does not comply immediately with 
 the provisions of this act, then such truant officer shall proceed 
 against such child as a delinquent child, and against such parents, 
 guardian or person having the custody, control or supervision of such 
 child for violation of this act and for contributing to such condition 
 of delinquency in such child. It shall be the duty of all truant officers 
 to report all violations of the child labor law of which they have any 
 knowledge. In cities having a chief truant officer such report shall 
 be made by such chief truant officer and in cities having no chief 
 truant officer such reports shall be made by truant officers to the su- 
 perintendent of city schools. All sucil violations aforesaid shall be 
 promptly reported by the Superintendent of Schools or chief truant 
 officer, as the case may be, to the Labor Inspector. 
 
 217. Jurisdiction The county court of the respective counties 
 of the Commonwealth shall have exclusive jurisdiction of all cases 
 coming within the terms and provisions of this act. 
 
SCHOOL LAWS OF KENTUCKY. 77 
 
 218. School Officers to Report Truant Officers Under Super- 
 vision of City Superintendent All school officers and teachers are 
 hereby required to make and furnish upon demand, any report that 
 may be required by the Superintendent of Public Instruction, or by the 
 Superintendent of Public Schools of cities of the first, second, third 
 and fourth classes, with reference to the workings of this act, and 
 all truant officers appointed under this act shall keep a full record 
 of the work done by them, in books to be furnished them for that 
 purpose by the State Superintendent of Public Instruction. The Su- 
 perintendent of Public Instruction shall make and publish an annual 
 report of the workings of this act. Such truant officers shall be under 
 the direct supervision and control of the City Superintendent of 
 Schools and shall report to teachers, principals or other persons as di- 
 rected by him and each City Superintendent of Schools shall compile 
 and publish an annual report of the work of the truant officer or of- 
 ficers under this act. 
 
 219. List of Children of School Age to be Furnished Each 
 Principal During the month of August in each year the Superin- 
 tendent of Public Schools of cities of the first> second, third and 
 fourth classes shall furnish or cause to be furnished by the truant 
 officer or officers' of said city to the principal of each school in their 
 respective cities a list of all children between the ages of seven and 
 sixteen years entitled to attend said school, in such form as may 
 be adopted by such Superintendent. Said list shall be arranged in. 
 such form as such Superintendent may prescribe, shall contain the 
 name and age of each child, the name and address of such child's 
 parents, guardian or person having the custody, control or super- 
 vision, and such other facts as may -be required by the Superintend- 
 ent of Public Instruction, or Superintendent of Schools of the city 
 of the first, second, third and fourth classes. 
 
 220. Names of Absentees to be Reported to Truant Officers 
 Duty of Truant Officers to Report Names of Children Not At- 
 tending The principal of each school in cities of the first, second, 
 third and fourth classes shall report each day, if possible, or at such 
 times as he may be directed by the Superintendent of Schools dur- 
 ing such period of time as the schools are in session each year in 
 the respective cities, to the Superintendent of Public Schools in the 
 city in which such school is situated, or to a truant officer, if so 
 directed by the Superintendent, the name and address of each child 
 who has been absent from school without lawful excuse, or who Is 
 persistently truant from school, together with the name of such child's 
 parent or parents, guardian or persons having the custody, control 
 or supervision of such child, and it shall be the duty of the truant 
 officer to whom such report is made, immediately upon the receipt 
 of same to make or cause to be made an examination into the cases 
 of absence or truancy contained in such reports and to take any 
 and all needed steps as provided herein under the statutes of this 
 
78 SCHOOL LAWS OF KENTUCKY. 
 
 State, to compel such child to attend school, and in cities where a 
 chief truant officer has been 'designated or appointed such officer 
 shall file a written report once each month with the City Superin- 
 tendent of schools of all the work done by such chief truant officer 
 and his assistants and in cities where no chief truant officer is des- 
 ignated each truant officer appointed shall file with the City Super- 
 intendent of Schools each month a written report of his work done 
 in the discharge of his duties as set out herein. 
 
 221. Parental or Truant Schools The Board of Trustees, Board 
 of Education, School Board or Board of Commissioners, as the case 
 may be, of any city of the first or second class, are hereby authorized 
 and empowered to equip, maintain and conduct one or more parental 
 or truant schools for the purpose of affording a place where children 
 of compulsory school age, and coming within the provisions of this 
 act, and of the statutes of this State, concerning neglected, dependent 
 and delinquent children, may be detained for the purpose of discipline 
 and instruction hereinafter provided. 
 
 222. .Location of Schools Such school or schools may be locat- 
 ed either within or without the corporate limits of the city; provided, 
 however, that such school or schools shall not be located outside of 
 the county in which such city is located; and provided, further, that 
 no such school shall be located at or near any penal institution. 
 
 223. Religious Instruction and Attendance Upon Religious 
 Service No religious instruction shall be given in such school or 
 schools except as is allowed by law to be given in public schools, but 
 tie Board of Trustees, Board of Education, School Board or School 
 Commissioners, as the case may be, shall make suitable regulations 
 so that inmates shall receive religious training in acordance with the 
 belief of such children's parents or guardian, either by allowing such 
 religious services to be held in such institution or by arranging for 
 the attendance of public service elsewhere. 
 
 224. Child Committed to School May be Returned 'Home on 
 Probation Any child committed to such school, or schools, upon 
 an order duly entered by the County 'Court, may be allowed to re- 
 turn home upon probation and to remain while upon probation, sub- 
 ject to the friendly visitation and supervision of a probation officer of 
 said County Court, and subject at any time to be returned to such 
 school if said child, in the opinion of the County Court, shall violate 
 the terms and conditions of its probation. No child shall be released 
 upon probation in less than four weeks from the time of his or her 
 commitment, nor thereafter, unless the court shall be satisfied the 
 said child, who is probationed, will attend regularly some public or 
 private school as herein provided. If any child so released upon pro- 
 bation shall be regular in his or her attendance in school, and his or 
 her conduct as a pupil shall be satisfactory for a period of one year 
 from the date upon which he or she was released upon probation, he 
 or she shall be finally discharged from such parental or truant 
 
SCHlOOiL LAWS OF KENTUCKY. 79 
 
 school, and shall not be recommitted thereto, except in a subsequent 
 proceeding undertaken according to the 'provisions of this act, and to 
 the statutes of this State, concerning neglected, dependent and delin- 
 quent children. 
 
 225. Penalty For Violation of Conditions of Probation Any 
 child released from said school or schools upon probation as herein 
 provided, who shall violate the conditions of his or her probation 
 any time within one year thereafter, shall, upon the order of the 
 County Court, be returned to such parental or truant school, and shall 
 not again be released upon probation within a period of three months 
 from the date of such re-entering; and if such child shall violate the 
 conditions of a second release upon probation he or she shall be re- 
 committed to such school and shall not be released therefrom on pro- 
 bation until he or she shall have remained in such school one year. 
 
 226. Rules and Regulations The Board of Trustees, Board of 
 Education, School Board, or School Commissioners, as the case may 
 be, of cities of the first or second class, may establish any rules 
 or regulations concerning such schools not inconsistent with this 
 act or the Constitution or laws of this State. 
 
 CHAPTER XVII. 
 
 THE CHILD LABOR LAW 
 
 (Act Amended 1910.) 
 
 227. Child Under Fourteen Shall not be Employed During 
 School Term No child under fourteen years' of age shall be employed, 
 permitted or suffered to work in or in connection with any factory, 
 workshop, mine, mercantile establishment, store, business office, tele- 
 graph office, restaurant, hotel apartment house or in the distribution 
 or transmission of merchandise or messages. It shall be unlawful 
 for any .person, firm or corporation to employ any child under four- 
 teen years of age in any business or service whatever, during any 
 part of the term during which the public schools of the district in 
 which the child resides are in session. 
 
 228. Child Between Fourteen and Sixteen May be Employed 
 Under Certain Conditions Labor Inspector Duties Under Act/ (Evi- 
 dence of Child's Age to be Produced No child between fourteen and 
 sixteen years of age shall be employed, permitted or suffered to work 
 in or in connection with any factory, workshop, mine, mercantile es- 
 tablishment, store, business office, telegraph office, restaurant, hotel, 
 apartment house, or in the distribution or transmission of merchan- 
 dise or messages unless the person or corporation employing him pro- 
 cures and keeps on file and accessible to ibe truant officers of the 
 
80 SCHOOL LAWS OF KENTUCKY. 
 
 town or city, and to the Labor Inspector, an employment certificate 
 as hereinafter prescribed, and "keeps two complete lists of all such 
 children employed therein, one on file and one conspicuously posted 
 near the principal entrance of the building in which such children 
 are employed. On termination of the employment of a child so reg- 
 istered, and whose certificate is so filed, such certificate shall forth- 
 with be surrendered by the employer to the child or its parent or 
 guardian or custodian. The Labor Inspector may make 'demand on 
 an employer in whose establishment a child apparently under the age 
 of sixteen years is employed or permitted or suffered to work and whose 
 employment certificate is not then filed as required toy this act, that 
 such employer shall either furnish him within ten days, evidence sat- 
 isfactory to him that such child is in fact over sixteen years of age, 
 or shall cease to employ, or permit or suffer such child to work 
 therein. The Labor Inspector may require from such employer the 
 same evidence of age of such child as is required on the issuance of 
 an employment certificate, and the employer furnishing such evidence 
 shall not be required to furnish any further evidence of the age of the 
 child. In case such employer shall fail to produce and deliver to the 
 inspector within ten days after such demand such evidence of the age 
 herein required of him, and thereafter continue to employ such child, 
 or permit or suffer such child to work in such establishment, proof of 
 the giving of such notice and of such failure to produce and file such 
 evidence shall be .prima facie evidence in any prosecution brought for 
 violation of the provision that such child is under sixteen years of 
 age and is unlawfully e'm ployed. 
 
 229. Employment certificates shall be issued only by the Super- 
 intendent of Schools or by a person authorized by him in writing, act- 
 ing in his name. Where there is no local Superintendent of Schools, 
 they shall be issued by the County Superintendent of Schools or by a 
 person so authorized by him. 
 
 230. Certificates not to be Issued Until Certain Papers are 
 Filed Personal Examination of Child The person authorized to 
 issue employment certificates shall not issue such certificates until 
 he has received, examined, approved, and filed the following papers 
 duly executed: (1) The school record of such child properly filled out 
 and signed as provided hereinbelow. (2) A passport or duly attested 
 transcript of the certificate of birth or baptism or other religious 
 record, showing the date and place of birth of such child. A duly 
 attested transcript of the birth certificate filed according to law with 
 any officer charged with the duty of recording births, shall be suffi- 
 cient evidence of the age of such child. (3.) The affidavit of the 
 parent, guardian or custodian of a child, which shall be required, how- 
 ever, only in case such last mentioned transcript of the certificate of 
 birth be not produced and filed, showing the place and 'date of birth 
 of such child, which affidavit must be taken before the officer issuing 
 employment certificates, who is hereby authorized and required to ad- 
 
SCHOOL, LAWS OF KENTUCKY. 81 
 
 minister such oath, and who shall not demand or receive a fee there- 
 for. Such employment certificate shall not be issued until such child 
 has personally appeared before and been examined by the officer is- 
 suing the certificates, and until such officer shall, after making ex- 
 amination, file and sign in his office a statement that the child can 
 read and legibly write simple sentences in the English language, and 
 that in his opinion the child is fourteen years of age or upward, and 
 has reached the normal 'development of a child of its age, and is in 
 sound health and is physically able to perform the work which it in- 
 tends to do. In doubtful cases such physical fitness shall be deter- 
 mined by a medical officer of the board or department of health, or 
 by the county physician. Every employment certificate shall be 
 signed in the presence of the child in whose name it is issued. The 
 Superintendent of schools in any city, town, county, or district, wher- 
 ever there is one, and where there is none, then the County Superin- 
 tendent shall, between the first and tenth days of each month, trans- 
 mit to the office of the Labor Inspector, a report, which report shall 
 give (1) the name of each child to whom a certificate has been is- 
 sued in the previous month, together with the date of birth of sucH 
 child; and (2) the name of each child to whom a certificate has been 
 refused in the previous month, together with the ground for such re- 
 fusal. A refusal or failure to transmit such report by any person 
 charged under this section with the duty of transmitting same to the 
 Labor Inspector shall constitute a misdemeanor punishable by a fine 
 of not more than twenty-five nor less than five dollars, to be disposed 
 of as provided in Section 212 of this law. 
 
 231. Certificate to Describe Child, etc. Such certificate shall 
 state the date and place of birth of the child, and describe the color 
 of the hair and eyes, the height and weight and any distinguishing 
 facial marks of such child, and that the papers required by the pre- 
 ceding section have been duly examined, approved and filed and that 
 the child named in such certificate has appeared before the officer 
 signing the certificate and has been examined. 
 
 232.-^School Record; What it Shall Contain Procedure in Case 
 School iRecord Cannot be Obtained The school record above men- 
 tioned shall be signed by the principal or chief teacher of the school 
 which such child has last attended and shall be furnished, on demand, 
 to a child entitled thereto. It shall contain a statement certifying 
 that the child has regularly attended the public school or schools equiv- 
 alent thereto or parochial school for not less than one hundred days 
 during the school year previous to his arriving at the age of fourteen 
 years or during the year previous to applying for such school records 
 and is able to read and write simple sentences in the English 
 language, and has received during such period instruction in reading, 
 spelling, writing and geography and is familiar with the fundamental 
 operations of arithmetic up to and including common fractions. Such 
 school record shall also give the age and residence of the child, as 
 
82 SiCHOOL LAWS OF KENTUCKY. 
 
 shown on the records of the school and the name of its parent, 
 or guardian or custodian: Provided, That upon the filing with 
 the person authorized to issue employment certificates of 
 the affidavit of the applicant or of his or her parent, guardian 
 or custodian, showing that diligent effort has been made to 
 obtain the school record hereby required and that it can not be 
 obtained, then the person authorized to issue the certificate may 
 issue such a certificate without having received such school record, 
 but it- shall be his duty, in such case, to examine the applicant as 
 to his or her proficiency in each of the studies mentioned in this 
 section; and in such case the employment certificate shall show that 
 such examination was had in lieu of the filing of the school record. 
 
 233. Names of Children to whom Certificates have been grant- 
 ed, Furnished to Inspector The local board of education or the 
 school board of a city, town or district, as the case may be, shall 
 transmit between the first and tenth of each month, to the office of 
 the Labor Inspector, a list of the names of the children to whom 
 certificates have been issued during the previous month. 
 
 234. Duties of Employer No person under the age of sixteen 
 years shall be employed or suffered or permitted to work at any gain- 
 ful occupation more than sixty hours in any one week, not more than 
 ten hours in any one day; or before the hour of seven o'clock in the 
 morning or after the hour of seven in the evening. Every employer 
 shall post in a conspicuous place in every room where such minors 
 are employed a printed notice, stating the hours required of them 
 each day of the week, the hours of commencing and stopping work 
 and the hours when the time or times allowed for dinner or for other 
 meals begin and end. The printed form of such notice shall be fur- 
 nished by the State Labor Inspector, and the employment of any 
 minor for longer time in any day so stated shall be deemed a viola- 
 tion of this section. 
 
 235. Penalties for Violation of Act Whoever employs a child 
 under sixteen years of age, and any parent, guardian, or any adult 
 person under whose care or control a child under such age lives, who, 
 permits such child to be employed in violation of sections 227, 228 or 
 234 of this act shall, for such offense, be fined not more than fifty 
 dollars, and whoever continues to employ any child in violation of 
 either of said sections of this act after being notified by a truant offi- 
 cer or a labor inspector thereof, shall, for every day thereafter that 
 such employment continues, be fined not less than five nor more than 
 twenty dollars. A failure to produce to a truant officer or labor in- 
 spector any employment certificate or list required by this act, shall 
 be prima facie evidence of the illegal employment of any person 
 whose employment certificate is not produced, or whose name is not 
 so listed. Any corporation or employer retaining employment certi- 
 ficates in violation of section 228 of this act shall be fined ten dollars. 
 Every person authorized to sign the certificate prescribed by section 
 
LAWS OP KENTUCKY. 83 
 
 231 of this act, who knowingly certifies to any materially false state- 
 ment therein shall be fined not more than fifty dollars, nor less than 
 ten dollars. 
 
 236. Truant Officers to Visit Factories and Make Report- 
 Truant officers may visit factories, work shops, mines and mercan- 
 tile establishments in their s'everal towns and cities and ascertain 
 whether any minors are employed therein contrary to the provisions 
 of this act, and they shall report any cases of such illegal employ- 
 ment to the superintendent of schools and to the Labor Inspector. 
 Labor inspectors and truant officers may require that the employ- 
 ment certificates and lists provided for in this act of minors employ- 
 ed in such factories, work shops, mines or mercantile establishments, 
 shall be produced for their inspection. Complaints for offenses under 
 this act shall be brought by the labor inspector. 
 
 237. (Certain Employments not to be Engaged in by Children 
 No child under the age of sixteen years shall be employed at sewing 
 belts', or to assist in sewing belts, in any capacity whatever, nor shall 
 any child adjust any belt to any machinery; they shall not oil or as- 
 sist in oiling, wiping or cleaning machinery; they shall not operate 
 or assist in operating circular or band saws, wood shapers, wood 
 joiners, planers, sandpaper or wood polishing machinery, emery or 
 polishing wheels used for polishing sheet metal, wood turning or bor- 
 ing machinery, stamping machines in sheet metal and tinware manu- 
 facturing, stamping machine in washer and nut factories, operating 
 corrugating rolls, such as are used in roofing factories, nor shall they 
 be employed in operating any steam boiler, steam machinery, or other 
 steam generating apparatus, or as pin boys' in any bowling alleys; 
 they shall not operate or assist in operating dough brakes, or cracker 
 machinery of any description, wire or iron straightening machinery, 
 nor shall they operate or assist in operating rolling mill machinery, 
 punches or shears, washing or grinding or mixing mills or calendar 
 rolls in rubber manufacturing, nor shall they operate or assist in 
 operating laundry machinery, nor shall such children be employed 
 in any capacity in preparing any composition in which dangerous or 
 poisonous acids are used, and they shall not be employed in any capa- 
 city in the manufacture of paints, colors or white lead, nor shall they 
 be employed in any capacity whatever in operating or assisting to 
 operate any passenger or freight elevator, nor shall they be employed 
 in any capacity whatever in the manufacture of goods for immoral 
 purposes, nor in any theatre, concert hall, or place of amusement 
 wherein intoxicating liquors are sold, nor shall females under sixteen 
 years of age be employed in any capacity where such employment 
 compels them to remain standing constantly. Nor shall any child 
 under sixteen years of age be employed at any occupation dangerous 
 or injurious to health or morals, or to lives or limbs, and as to these 
 matters the decision of the county physician or city health officer, as 
 the case may be, shall be final. 
 
84 SCHOOL LAWS OF KENTUCKY. 
 
 238. Dangerous Machinery to be Guarded It shall be the duty 
 of the owner of any manufacturing establishment, where any person 
 under sixteen years of age is employed, his agents, superintendents 
 or other persons in charge of same, to furnish and supply, when 
 practicable, or cause to be furnished and supplied to him, belt shifterg 
 or other safe mechanical contrivance for the purpose of throwing 
 belts on or off pulleys; and, whenever practicable, machinery therein 
 shall be provided with loose belts. All vats, pans, saws, planes, cogs, 
 gearings, belting, set screws and machinery of every description 
 therein, which is palpably dangerous, where practicable, shall be 
 properly guarded; and no person shall remove or make ineffective 
 any safeguard around or attached to any planer, saw, belting, shaft- 
 ing or other machinery, or around any vat or pan, while the same 
 is in use, unless for the purpose of immediately making repairs there- 
 to, and all such safeguards shall be promptly replaced. No person 
 under eighteen years of age shall be allowed to clean machinery 
 while in motion. 
 
 239. Suitable Washrooms and Closets to be Supplied Suitable 
 and proper washrooms and water closets shall be provided in each 
 manufacturing establishment, where any person under sixteen years 
 of age is employed, and such water closets shall be properly screen- 
 ed and ventilated and be kept at all times in a clean condition; and 
 if girls under sixteen years of age be employed in any such estab- 
 lishment, the water closet shall have separate approaches and be 
 kept separate and apart from those used by men. All closets shall 
 be kept free from obscene writing and marking. A dressing room 
 shall be provided for such girls when the nature of their work is 
 such as to require any change of clothing. 
 
 240. Seats to be Provided for Use of Girls Every pers'on, firm, 
 corporation, association, individual or partnership employing girls 
 under sixteen years of age in any manufacturing, mechanical or mer- 
 cantile industry, laundry, workshop, renovating works, or printing 
 offices in this Commonwealth, shall provide seats for the use of the 
 girls so employed, and shall permit the use of such by them when not 
 necessarily engaged in the active duties for .which they are employed. 
 
 241. The walls and ceiling of each room in every manufactur- 
 ing establishment where any person under sixteen years of age is 
 employed shall be lime-washed or painted, when, in the opinion' of 
 the labor inspector, it shall be conducive to the health or cleanliness 
 of the persons working therein. 
 
 242. Grand Juries; Powers Grand . juries shall have inquisi- 
 torial powers to investigate violations of this act; also shall county 
 judges and circuit judges, and judges of the circuit courts of the 
 State shall specially charge the grand jury at the beginning of each 
 term of the court to investigate violations of this act. 
 
 243. Act to be Posted in Certain Establishments A copy of this 
 act shall be conspicuously posted and kept in each workroom of every 
 
SCHOOfL LAWS OF KENTUCKY. 85 
 
 manufacturing establishment, mill, mine or workshop or mercantile 
 or printing establishment, theatre, bowling alley, telegraph, tele- 
 phone or public messenger company or laundry in this Common- 
 wealth. 
 
 244. Penalty for Violation of Act Any adult person who vio- 
 lates any of the provisions of this act, or who suffers or permits any 
 child to be employed in violation of its provisions, shall be deemed 
 guilty of a misdemeanor, and on conviction, unless otherwise herein 
 expressly provided, shall be punished by a fine of not more than 
 fifty dollars and not less than twenty-five dollars for the first of- 
 fense, and for each subsequent offense by imprisonment for not more 
 than ninety days and not less than ten days or by a fine of not less 
 than fifty dollars nor more than two hundred dollars, or by both 
 fine and imprisonment. Every fine imposed under this law shall 
 enure to the benefit of the public schools in the city, county, town or 
 district in which the violation may have occurred; and the court im- 
 posing such fine shall promptly cause same to be paid ovei> to the 
 proper school authorities entitled to receive other moneys accru- 
 ing to said schools. 
 
 245. Act not to become Effective until September First, 1908 
 Whereas, there are many children between the ages of fourteen and 
 sixteen now in employments for which employment certificate 
 Is required by this act; now, therefore, in order to provide ample 
 time for compliance herewith by obtaining the proof of birth and 
 the school record herein required, it is hereby enacted that the pro- 
 visions of this act as to the requirement of an employment certifi- 
 cate shall not go into effect until the first day of September, nineteen 
 hundred and eight. And, whereas, there are some children between 
 the ages of fourteen and sixteen who are now in employment for 
 which an employment certificate is required by this act, who can not 
 comply with the educational test established by this act, and who 
 would find it a real hardship to be thus expelled from their employ- 
 ment without a full opportunity to prepare themselves for that test; 
 now, therefore, it is hereby enacted that the requirement of the filing 
 of a school record, or of mental examination in default thereof, as a 
 prerequisite to the issuance of an employment certificate, shall not be 
 effective until the first day of September, nineteen hundred and nine; 
 but from the first day of September, 1908, to the first day of Septem- 
 ber, 1909, employment certificates shall be issued to children between 
 the ages of fourteen and sixteen years upon the proof of birth and of 
 physical fitness required by section 229 hereof. 
 
 246. Act of 1906 Repealed This act shall operate and be con- 
 strued as a repeal of an act, entitled "An act to make it unlawful to 
 employ a child less than fourteen years of age in workshops, mines 
 mills or factories in this Commonwealth, and fixing the penalty," ap- 
 proved Mar. 12, 1902, and as a repeal of an act, entitled, "An act to 
 amend an act, entitled 'an act to make it unlawful to employ a child 
 
86 SCHOOL LAWS OF KENTUCKY. 
 
 less than fourteen years of age in workshops, mines or factories,' 
 and to regulate the employment, use and protection of child labor in 
 mills, mines, factories, etc.," approved March 17, 1906, and all other 
 laws and parts of laws, in conflict with the provisions of this act are 
 hereby repealed. 
 
 CHAPTER XVIII. 
 PUBLIC SCHOOLS IN CITIES OF THE FIRST CLASS. 
 
 247. Board of Education Election Every city in this State of 
 the first class shall be and constitute a single school district, and the 
 supervision and government of common schools, kindergarten, high 
 schools, manual training schools and normal schools and all such 
 school property therein shall be vested in a board of five members 
 
 to be known as the "Board of Education of , 
 
 Kentucky," (in which title the name of such city shall be inserted). 
 Such Board of Education shall be a body corporate and shall, by and 
 in said name, sue and be sued, purchase, receive, hold and sell prop- 
 erty, do all things necessary to accomplish the purpose for which such 
 school district is organized, and succeed to all the property rights 
 and privileges granted to and belonging to any previous School 
 Board of such city: Provided, that all pending suits in which any 
 such previous School Board is a party, may be prosecuted to an end 
 in the name of such party. 
 
 248. (Powers and Duties Every such Board of Education shall 
 have exclusive control of the common schools, including kindergar- 
 tens, high schools, manual training schools and normal schools as 
 hereinafter provided, and of common school property in such city; 
 shall exercise generally all powers in the administration of the com- 
 mon school system therein, appoint such officers, agents and em- 
 ployes as it may deem necessary and proper and fix their compen- 
 sation; and shall have power to fix the time of its meetings, to 
 make, amend and repeal rules and by-laws for its meetings and pro- 
 ceedings, for the government, regulation and management of the 
 common schools and school property in such city, for the transaction 
 of its business, and for the examination, qualification and employ- 
 ment of teachers, which rules and by-laws shall be binding on such 
 Board of Education and all parties dealing with it until formally 
 repealed by an affirmative vote of four members of said Board. To 
 provide for special and standing committees, and to certify to the 
 General Council the amount of money necessary for the maintenance 
 and improvement of the schools as hereinafter provided, and to pur- 
 chase and hold all property, real and personal, necessary for the 
 
SCHOOL, LAWS OF KENTUCKY. 87 
 
 purposes of public education, to build and construct improvements 
 for such purposes, and to hold or sell the same. 
 
 249. Real Estate Power to Purchase or Condemn It shall also 
 have power, when unable to contract with the owner of any real 
 estate necessary to the proper accomplishment of the purpose for 
 which said Board is created, to institute condemnation proceedings 
 in accordance with the law governing railroad corporations incor- 
 porated under the laws of this Commonwealth; and to have in such 
 proceedings the same rights, powers, privileges and restrictions as 
 are now granted to or conferred upon such railroad corporations. 
 Such Board of Education shall have all the powers of other school 
 districts under the laws of this State, except as herein provided. 
 
 250. Eligibility of Members of Board No person shall be eli- 
 gible to the office of member of the Board of Education, who has not 
 attained the age of thirty years and one who is not a housekeeper or 
 is not the owner of real estate in said city, and who is not a citizen 
 of and a bona fide resident of this Commonwealth and of the city for 
 which he is elected for three years next preceding the election; or 
 who holds or discharges any office, deputyship or agency under the 
 city, or any district or county, or under the State of Kentucky, or any 
 department thereof, or under the United States or any foreign gov- 
 ernment, except that of notary public or militia officer of Kentucky. 
 No person shall be eligible to this office who, at the time of his 
 election, is directly or indirectly interested in any contract with the 
 Board, or who holds any office of trust or agency of or draws a 
 salary from any corporation which holds any contract with the 
 Board, or whose father, son, brother, wife, daughter or sister is em- 
 ployed as teacher, or in any other capacity by such Board, or in 
 any of the public schools, or who is, directly or indirectly, inter- 
 ested in the sale to the Board of books, stationery, or other prop- 
 erty. If he shall, after election, become a candidate for any office 
 or agency or for the nomination thereto, the holding and discharging 
 of which would have rendered him ineligible before election, or if 
 he shall remove out of the city for which he was chosen, or if he 
 shall do or incur anything which would have rendered him ineligible 
 for election, or if any of his relatives above specified be employed 
 by the Board, his office shall, without further action, be vacant and 
 it shall be filled as directed. 
 
 251. Compensation of Members No compensation shall be 
 paid to the members of the Board, but they shall be exempt from 
 jury duty and from service as election officers during their term of 
 office. 
 
 252. Term of Office The members of said Board of Education 
 shall be elected, except as specified in section 253 of this Act, for 
 the term of four years by the qualified voters of such city. They 
 shall be elected from the city at large, and such election shall be 
 held, und.er lh.e provisions of the general laws governing oity elc 
 
88 SCHOOL LAWS OF KENTUCKY. 
 
 tions, so far as they are not inconsistent with the provisions of this 
 Act. 
 
 253. Election by Secret Ballot General Election Law to Con- 
 trol All elections for members of the Board of Education shall be 
 by secret ballot, and the ballot shall be on a separate sheet from 
 all other ballots to be used in any election. It shall be the duty of 
 the County Clerk of any county, in which a city of the first class is 
 situated, to cause to be printed on said ballot the names of all can- 
 didates for membership of the Board of Education of such a city, in 
 whose behalf he may be petitioned so to do in writing by not less 
 than four hundred electors of said city. The petitions must be filed 
 in the office of the County Clerk not more than sixty days nor less 
 than fifteen days before the day of election, and each petition must 
 be signed by the requisite number of qualified persons, and shall 
 show the place of residence of each person signing it, ana no person 
 shall sign more petitions than the number of offices to be filled. If 
 the nomination is to fill a vacancy, the petition shall so state. Where 
 the same person shall be nominated for a full term and to fill a va- 
 cancy, he shall be accepted as a candidate for the full term. Said 
 ballot shall be in the form prescribed for ballots by the general elec- 
 tion law of the State, except that no party or other emblem or dis- 
 tinguishing mark shall be placed upon said ballot, save the words, 
 "School Ticket" at the head thereof; and that the names of all can- 
 didates for membership in the Board of Education shall be printed 
 on said ballot in a single column. The names shall be printed on the 
 first one hundred ballots as arranged in order by lot. On each of 
 the succeeding one hundred ballots the names shall be printed in the 
 same order, save that the last name on the preceding one hundred 
 ballots shall be shifted to the first place; and so on thereafter 
 throughout, a like change being made in the printed order of names 
 for every one hundred ballots. As many additional lines shall be left 
 blank as there are members to be elected. The provisions of the 
 general election law of the State of Kentucky as to the duties of 
 County Clerks and other public officers in the matter of printing and 
 distributing ballots, of the issuing them to voters, of receiving and 
 depositing them in the ballot boxes, and of counting and preserving 
 them, and in all other particulars except as otherwise provided here- 
 in, shall be applicable in all respects to the election of members of 
 the Board of Education: Provided, that it shall be the duty of the 
 Sheriff of each county in which a city of the first class is situated, to 
 provide for each precinct in said city a separate box for the recep- 
 tion of the ballots used in the election of members of the Board of 
 Education. And provided, further, that it shall be the duty of the 
 judge of election of the opposite political party to the clerk of the 
 election in each precinct to issue the school ballots in the same 
 manner as other ballots are issued by the clerk of election by writ- 
 ing the name and the residence of the voter upon the primary stub, 
 
SCHOOL LAWS OF KENTUCKY. 89 
 
 and his registered number upon the secondary stub of the school 
 ballot, and by observing, as to these ballots, such other regulations 
 for the issue and deposit of ballots as may be prescribed for elec- 
 tions generally. It shall be unlawful for an election officer or other 
 person within the election booth to tell or to indicate by word of 
 mouth or otherwise to a voter what may be the political affiliations of 
 any candidate, and a violation of this provision shall be a misde- 
 meanor punishable by fine not exceeding two hundred dollars. 
 
 254. Members to be Voted For Each voter may vote for as 
 many of said candidates as there are members to be elected by mak- 
 ing a cross in the square opposite the name of each candidate for 
 whom he wishes to vote. The candidates, in number equal to the 
 number of members to be chosen, who have the highest number of 
 votes 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, can- 
 didates may be chosen as above provided, but they shall, in all 
 cases, be designated on the ballots as candidates to fill a vacancy, 
 and the date of the unexpired term shall be stated. 
 
 255. Organization of Board At the general election occurring 
 in the month of November, 1910, five members of the Board 
 of Education shall be elected as herein provided. After having 
 qualified by taking the oath prescribed by law, they shall assume 
 office on the first day of January, 1911, and shall meet at the offices 
 of the present School Board of said city at twelve o'clock noon, and 
 shall proceed to organize by electing one of their number Presi- 
 dent, and another Vice-president. Within one week after the organi- 
 zation of said Board it shall meet to divide its members by lot in 
 such manner as they shall determine into two classes, as follows: The 
 first class consisting of two members, shall hold office through the 
 31st day of December, 1912, the second class consisting of three 
 members, shall hold office through the 31st day of December, 1914. 
 Thereafter at each regular election held in November of each even- 
 numbered year, members shall be elected as hereinbefore provided, 
 to take the place of those whose terms will next expire, and the 
 members so chosen shall hold office for four years, or until their 
 successors are elected and qualified. 
 
 256. President and Vice-President to be Elected At its first 
 regular meeting after the 1st day of January, in each year, following 
 its original organization, said Board of Education shall reorganize by 
 electing one of its members President, and another Vice-president. 
 
 257. Vacancies How Filled Any vacancy in said Board, from 
 whatever cause occurring, shall be temporarily filled by the other 
 members of the Board as soon as practicable after such vacancy 
 occurs. The member <so chosen shall hold office until his successor 
 is elected and qualified, subject to the provisions of Section 152 of 
 the Constitution of Kentucky. 
 
 258. Board of Education to Surrender School Property When 
 
90 SCHOOL, LAWS OF KENTUCKY. 
 
 members of the Board of Education shall have been elected, shall 
 have qualified, and shall have organized as hereinbefore provided, 
 thereupon it shall become the duty of the existing School Board and 
 all officers, agents and employes thereof to surrender their places an1 
 to deliver to said Board of Education all the common school prop- 
 erty, both real and personal, of every kind whatsoever, and the con- 
 trol and management of the common school affairs of such city: Pro- 
 vided, that until such Board of Education shall be organized, the 
 administration of the common schools and the management of school 
 property in such city shall remain in the control of the existing 
 School Board in the same manner and with the same powers as 
 existed prior to the passage of this Act. All rules and by-laws made 
 by any existing School Board at such time vested in such city with 
 the management of the common schools shall continue in force, so 
 far as consistent with this Act, until repealed or altered by a major- 
 ity of such Board of Education. Provided, further, that the first 
 Board of Education may continue the employment and service of any 
 existing officers, teachers, agents or other employes, in their several 
 capacities in connection with the administration of school affairs, 
 until such time as they effect the change of administrative system 
 applicable to the common schools as contemplated in this Act; and 
 said Board of Education may thereafter retain or remove any agents, 
 teachers, janitors, engineers or other employes then rendering ser- 
 vice in connection with the public schools of said city. 
 
 259. Rules and By-LawsIt shall be the duty of said Board of 
 Education, within sixty days after its organization, to adopt rules and 
 by-laws for its meetings and proceedings, and for the government, 
 regulation and management of the schools and school property, and 
 for the examination, qualification and employment of teachers. And 
 such rules or by-laws may be changed, altered, or set aside, only 
 upon an affirmative vote of four (4) members of the Board. 
 
 260. Appointment of Officers It shall be the duty of said Board 
 of Education, as soon as practicable after its organization, to appoint 
 a Superintendent of Schools, a Business Director, a Secretary and 
 Treasurer, and such other officers, employes and agents as it may 
 deem proper: Provided, that no such officer, employe or agent shall 
 be a member of said Board. 
 
 261. Superintendent of Schools Appointed for One Year 
 Powers and Duties The Board of Education shall appoint a Super- 
 intendent of Schools who shall serve for a term of one year, but 
 whenever a Superintendent who shall have served one year shall be 
 re-elected, his re-election shall be for a term of four years. His com- 
 pensation shall not be changed during the term for which he is 
 elected. He may be removed at any time by a vote of three-fifths 
 of the entire Board. The Board of Education may, on the nomina- 
 tion of the Superintendent of Schools, appoint as many Assistant 
 Superintendents as it may deem necessary, whose compensation 
 
SCHOOL LAWS OF KENTUCKY. 91 
 
 shall be fixed by the Board, and who may be removed by the Super- 
 intendent with the approval of the Board. The Superintendent of 
 Schools shall qualify by taking the oath prescribed by law. He 
 shall have general supervision, subject to the control of the Board, 
 of the course of instruction, discipline and conduct of the schools, 
 text books and studies; and all appointments, promotions and 
 transfers of teachers and truant officers, and introduction and 
 changes of text books and apparatus, shall be made only upon the 
 recommendation of the Superintendent and the approval of the 
 Board. The Superintendent shall have the power to suspend any 
 teacher or truant officer for cause deemed by him sufficient, and the 
 Board of Education shall take such action upon the restoration or re- 
 moval of such person as it may deem proper. All appointments and 
 promotions of teachers shall be made upon the basis of merit, to 
 be ascertained, as far as practicable, in cases of appointments, by 
 examination, and in cases of promotion, by length and character of 
 service. Examination for appointment shall be conducted by the 
 Superintendent in accordance with the State law for the certifica- 
 tion of teachers, and under such other regulations as may be made 
 by the Board. The Superintendent of Schools shall devote himself 
 exclusively to the duties of his office, and shall have power to ap- 
 point clerks, whose number and salaries shall be fixed by the Board, 
 and shall have power to remove the same; shall exercise a general 
 supervision over the schools of the city, examine their condition and 
 progress and shall keep himself informed as to the progress of edu- 
 cation in other cities. He shall advise himself of the need of exten- 
 sion of the School System of the city, shall make reports from time" 
 to time as may be fixed by the rules or directed by the Board, and 
 shall be responsible to the Board for the condition of the instruc- 
 tion and discipline of the schools. The term "teachers," as used 
 herein, shall include supervisors, supervising principals and prin- 
 cipals. 
 
 262. Business Director Compensation Duty The Board shall 
 appoint a Business Director, who shall serve for a term of one year, 
 but whenever a Business Director who shall have served one year 
 shall be re-elected, his re-election shall be for a term of four years, 
 but he may be removed at any time by a vote of three-fifths of the 
 entire Board. His compensation shall not be changed during the 
 term for which he is elected. The Business Director shall qualify by 
 taking the prescribed oath, and shall be the executive officer of the 
 Board. He shall execute for the Board in the name of the Board 
 its contracts and obligations; he shall see that all contracts made 
 by or with said Board are fully and faithfully performed; he shall 
 have the care and custody of all property of the Board of Education, 
 real and personal, except moneys; he shall oversee the construction 
 of buildings in process of erection and repairs of buildings owned 
 or controlled by the Board; shall advertise for bids, and shall pur- 
 
92 SCHOOL, LAWS O>F KENTUCKY. 
 
 chase all supplies and equipments authorized by the Board; and, gen- 
 erally, shall execute and carry into effect all matters and things of 
 authority for which shall have been granted by the Board, as herein 
 provided. 
 
 263. Bond to be Given by Business Director The Business 
 Director shall devote his entire time to the duties of his office, and 
 shall receive an annual salary to be fixed by the Board at the be- 
 ginning of each term, and payable monthly out of the School Fund 
 of the City. 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 thousand dollars, with a surety company, to be ap- 
 proved by the Board, which bond shall be paid for by the Board and 
 be deposited with the Secretary and Treasurer within twenty days 
 from date of election, and preserved by him. 
 
 264. Janitors and Engineers to be Appointed by Business Direc- 
 tor Subject to the approval of the Board of Education as to the 
 number and salaries, the Business Director shall have power to ap- 
 point, with the approval of the Board of Education, as many engi- 
 neers, janitors and other employes and agents as may be necessary 
 for the proper performance of the duties of his department, for whom 
 he shall be responsible, and whom he shall have power to remove; 
 but the Board of Education may provide for a competitive examina- 
 tion for the positions of janitors and engineers; and when such pro- 
 vision shall have been made, the Business Director shall be required 
 by the Board to appoint janitors and engineers from the list ob- 
 tained by such examination. He shall appoint such assistants and 
 deputies as may be authorized by the Board, whose compensation 
 shall be fixed by the Board; and one of said assistants shall be a train- 
 ed and educated mechanical engineer, qualified to design the heating, 
 ventilating and sanitary machinery and apparatus connected with 
 the school buildings. Such assistants and deputies shall be subject 
 to removal by the Business Director who shall be responsible for the 
 proper performance of their duties. He shall perform such other 
 duties as may be required of him by the Board. 
 
 265. Contracts to Lowest Bidders All contracts for the erec- 
 tion of school buildings and all contracts for repairs and alteration 
 in school property, exceeding the amount of fifty dollars, shall be 
 made by the Board after public letting to the lowest responsible bid- 
 der, but it may reject all bids. The necessary specifications and 
 drawings shall be prepared for all such work, and bids therefor shall 
 be solicited by such advertisement as the Board may provide. All 
 other work of construction and repairs shall be -made directly by 
 the Business -Director, as herein provided. For all work of construc- 
 tion and repairs authorized to be done directly by the Business Director 
 he shall furnish the necessary specifications and drawings, except 
 in cases of emergency, and where the cost shall not exceed the sum 
 of two hundred dollars, and shall solicit bids for such work as may 
 
SCHOOL LAWS OF KENTUCKY. 93 
 
 be provided for by the Board. No bids shall be entertained by the 
 Business Director which are not made in accordance with the speci- 
 fications furnished by him, and all contracts shall be let to the low- 
 est responsible bidder complying with the terms of the letting; Pro- 
 vided, however, that the said Business Director shall have the right 
 to reject any and all bids. 
 
 266. Advertisement for Supplies The Board shall, at or prior 
 to the beginning of each fiscal year, cause advertisements to be made 
 under such regulations as it may provide for proposals for furnish- 
 ing the supplies required in the schools and by the Board in the 
 ensuing year; and every contract therefor shall be awarded to the 
 lowest responsible bidder complying with the terms of the letting: 
 Provided, however, that said Board shall have and reserve the 
 right to reject all bids. If other supplies are required during the 
 year, they shall be furnished under contracts awarded in like man- 
 ner; but the Board may authorize the purchase of supplies not ex- 
 ceeding fifty dollars in amount without letting or contract. The 
 Board shall make distribution of supplies through such agencies and 
 in such manner as it deems proper. 
 
 267. Secretary and Treasurer to be Appointed The Board shall 
 appoint an officer, who shall be Secretary and Treasurer, and shall 
 serve for a term of one year, but whenever a Secretary and Treas- 
 urer shall have served one year and be re-elected, his election shall 
 be for a term of four years, but he may be removed at any tim 
 by a vote of three-fifths of the entire Board. He shall give bond 
 in such sum as the Board may require, which shall not be less than 
 $50,000.00, with a Surety Company to be approved by the Board, such 
 bond to be paid for by the Board and be deposited with the Presi- 
 dent of the Board within twenty days from date of election and pre- 
 served by him. The compensation of such officer shall be fixed by 
 the Board of Education before his election, and shall not be changed 
 during the term for which he is elected. He shall exercise, subject 
 to the control of the Board, general supervision over the fiscal af- 
 fairs of the public schools of the city, the collection and payment of 
 funds to the school depositaries, and the disbursement of all revenues 
 and moneys belonging to the Board. He shall record the proceedings 
 of the Board in such manner as may be directed by the Board, and 
 shall deposit daily in the designated depositary of the Board all 
 moneys collected or received by him for the Board. He shall furnish 
 to the Board at the beginning of each month a statement of receipts 
 and disbursements of . the preceding month; and at the end of the 
 fiscal year he shall make to the Board a full and comprehensive re- 
 port of its financial affairs for the preceding year. He shall be the 
 custodian of all securities, documents, title papers, books of record 
 and other papers belonging to the Board, under such conditions as 
 the Board may direct. It shall be his duty to see that no liability 
 is incurred or expenditure made without due authority of law, that 
 
94 SCHOOL LAWS OF KENTUCKY. 
 
 appropriations are not overdrawn and that all expenditures are 
 charged to the appropriations for which they are made. Subject to 
 the approval of the Board, he shall have power to appoint assistants, 
 for whom he shall be responsible and whom he may remove. He 
 shall perform such other duties as may be required of him by f he 
 Board. 
 
 268 Depositaries to be Selected The Board shall, in the month 
 of June of each year, advertise for bids from the banks and trust 
 companies in such city for the current deposits of such Board, to be 
 secured by bond with surety to be approved by the Board in an 
 amount to be fixed by the Board, and said bids shall specify the rate 
 of interest to be allowed to said Board on such deposits and the 
 nature of the security offered; and such deposits shall be annually 
 awarded to the two institutions, banks or trust companies that offer, 
 with the required security, the highest rates of interest therefor; 
 and the Board shall cause contracts for the ensuing year to be made 
 with such banks or trust companies so receiving the award of such 
 deposits. All moneys due the Board, from any source whatsoever, 
 shall be paid to the Secretary and Treasurer, who shall thereupon 
 cause all funds received to be paid into such designated depositaries, 
 the balances in each to be kept as nearly equal as practicable. 
 The fiscal year of the Board shall end on the 30th day of June of 
 each year, and the annual contract shall be made in the month of 
 June of each year for the deposits of the succeeding fiscal year. 
 The funds of the Board deposited in bank shall be withdrawn only 
 on the order of the Board, evidenced by the check of its Secretary 
 and Treasurer, countersigned by the President of the Board, or, in 
 his absence or disability by the Vice-president. 
 
 269. Apportionment of Revenues Jt shall be the duty of the 
 Board at the beginning of each fiscal year to apportion the revenues 
 available for that year to the different departments, for expenditure 
 in support of the schools for that year, and no report or resolution 
 shall be adopted by the Board calling for the expenditure of money 
 unless it states specifically the fund from which the appropriation is 
 to be made, and is accompanied by the certificate of the Secretary 
 and Treasurer showing sufficient balance in such fund available for 
 such expenditure. 
 
 270. Money May be Borrowed The Board shall have power to 
 borrow money on the credit of the Board in anticipation of the 
 revenue from school taxes for the fiscal year in which the same is 
 borrowed and to pledge said school taxes for the payment of the 
 principal and interest of said loan: Provided, that the interest paid 
 shall in no case exceed six per cent, per annum and the principal 
 shall in no case exceed fifty per cent, of the anticipated revenue. 
 
 271. Tax Levy To raise money for the maintenance of the 
 schools the General Council shall annually cause to be levied and 
 collected a tax of not less than thirty-six cents (.36) on each one 
 
SCHOOL LAWS OF KENTUCKY. 95 
 
 hundred ($100.00) dollars of property assessed for taxation for city 
 purposes. Upon trie completion of the assessment of property for 
 taxation, the amount levied as above shall annually be passed to the 
 credit of the school fund, upon the books of the city, and the said 
 amount, as collected, shall be paid over to the Board by the Treas- 
 urer of the city, in regular monthly installments, the first payment 
 to be made within one week after the collection of said amount shall 
 have been commenced and the other payments to be made weekly 
 thereafter in current money by the said Treasurer as collected. 
 
 272. School Fund For the maintenance of the schools there 
 Fhall be appropriated the sum or sums which may be received from 
 year to year as the City's portion of the school fund of this Com- 
 monwealth. 
 
 273. Property to Escheat So much real or mixed property in 
 the city, which from alienage, defect of heirs, failure of kindred 
 or other causes, shall escheat to the Commonwealth of Kentucky 
 shall vest in the Board for the use and benefit of the common 
 schools. Said Board may, in the name of the Commonwealth, for 
 the use and benefit of the common schools of the city, by its Presi- 
 dent or other officer to be designated by it, enter upon and take 
 possession of said property or sue for and recover the same by an 
 action at law or in equity, and without office found. The Board may 
 sell and convey any of such property by warranty, deed or other- 
 wise. 
 
 274. Duty of Officers as to Collection of Taxes All officers of 
 any city of the first class, and of the State, concerned with the as- 
 sessment and collection of taxes, fines and penalties shall perform 
 such duties in relation to the levying and collection of school taxes 
 and the collection of such fines and penalties, and the payment there- 
 of to said Board for school purposes, as are now imposed by the 
 existing laws upon such officers in relation to the levy and collection 
 of school taxes and the collection of fines and penalties payable to 
 the school funds; and nothing in this Act, unless inconsistent there- 
 with, shall be construed as repealing any existing law providing for 
 the assessment and collection of school taxes in such city; and all 
 powers and duties conferred by existing law upon any Board in rela- 
 tion thereto shall be continued in the Board created by this Act. 
 
 275. Books to be Audited by Expert Accountant <At the close 
 of each fiscal school year the Mayor of such city shall appoint one 
 or more expert accountants, who shall examine the books, accounts 
 and vouchers of the Secretary and Treasurer, Business Director, and 
 all other departments of expenditures of the Board, and shall make 
 due report thereof to the Mayor and Board of Education of such city. 
 All the officers and employes of the Board shall produce and submit 
 to such accountants for examination of all books, papers, documents, 
 vouchers and accounts in their office belonging to the same or thereto 
 pertaining, and shall in every way assist said accountants in their 
 
96 SCHOOL LAWS OF KENTUCKY. 
 
 work. In the report to be made by said accountants they may make 
 any recommendation they deem proper as to the business methods of 
 such officers and employes. A reasonable compensation for such ser- 
 vices shall be paid by the Board. 
 
 276 Kindergartens Power to Establish The Board shall have 
 the power to establish and maintain kindergartens for children from 
 tour to six years of age, high schools, manual training schools and 
 a normal school and normal training classes for the purpose of train- 
 ing teachers to fill positions in the schools of the city, and to this 
 end it may prescribe rules and regulations for the government of such 
 schools, and as in other cases it may employ the principals and other 
 teachers necessary for their efficient management. 
 
 277. Separate Schools for White and Colored Children The 
 Board shall provide, maintain and support separate schools wherein 
 all colored children, who are bona fide residents of said city, between 
 the ages of six and twenty years, may be taught in like manner as 
 herein provided for white children. Said schools for colored children 
 shall be entitled to the same benefits, be governed by the same rules 
 and regulations, and be subject to the same restrictions as the 
 schools herein provided for the white children. 
 
 278. Qualifications of Pupils Fixed by Board The Board shall 
 prescribe the necessary qualifications and mode of examination for 
 applicants for admission to the various schools, and may furnish text 
 books and necessary school supplies to pupils free of charge under 
 such rules and regulations as it may adopt. 
 
 279. Religious Dogmas No formula of religious belief shall be 
 taught or inculcated, nor shall any class or any text book be used 
 which reflects on any religious denomination. 
 
 280. Pupils Admitted from beyond City The Board shall have 
 power to admit to the school pupils from beyond the city limits, and 
 shall collect from all persons so admitted tuition fees for the benefit 
 of the school fund of the city, but may make equitable allowance or 
 reduction for taxes paid for schools by such children or their parents 
 on property in the city. Children of persons residing outside of the 
 city limits shall not be admitted as pupils into any of the public 
 schools, except upon payment of such tuition as the Board may re- 
 quire as aforesaid. 
 
 281. Reports to be Made Census to be Taken A city of the 
 first class being deemed one school district for taxation purposes 
 and entitled to its proportion of the common school fund of the Com- 
 monwealth, the Board of Education of such city shall make detailed 
 reports annually and special reports as required to the State Super- 
 intendent of Public Instruction. The Board shall also, in the year 
 1911, and every third year thereafter, take the census of children of 
 school age and make returns thereof to the Superintendent of Public 
 Instruction, at the same time other school officers are required to 
 make returns; and for the neglect of this duty the members of the 
 
SCHOOL, LAWS OF KENTUCKY. 9? 
 
 Board shall be liable to the same penalties. This census shall be 
 taken under regulations approved by the State Board of Education. 
 For the years in which no census is required to be taken, the Super- 
 intendent of Public Instruction shall determine the amount per capita 
 to be paid over to the board of education of such cities by adding an- 
 nually to the number of children of school age, as shown by the next 
 preceding census actually taken, such increase or addition as he may 
 ascertain to be the annual increase of children of school age in the 
 district upon averaging the yearly increase shown by the three actual 
 enumerations next preceding: Provided, however, that the Board of 
 Education of any such city or the Superintendent of Public Instruction 
 may elect to take an actual census in any of such years, in which 
 case the return of such census shall govern. 
 
 282. Report of Business Director and Treasurer The Board 
 shall, at the end of each scholastic year, prepare and publish, foi 
 the information of the public, a report which shall include the annual 
 reports made to the Board by the Superintendent, Business Director 
 and Secretary and Treasurer, together with such other information 
 as may be proper and necessary to an understanding of the general 
 condition and educational progress of the schools during the preced- 
 ing year. 
 
 283. Penalty Any member, officer or employe of such Board 
 who shall wilfully violate any of the provisions of this act shall be 
 deemed guilty of a misdemeanor, and on conviction shall, unless 
 otherwise herein provided, be punished by a fine of not more than 
 five hundred dollars or imprisonment not exceeding one year, or by 
 both fine and imprisonment, in the discretion of the jury. But noth- 
 ing herein contained shall be construed as suspending the general 
 criminal laws of the State so far as applicable. 
 
 284. Repealing Clause The general school laws of this State 
 and all laws and parts of laws applicable to the general system of 
 common schools in a city of the first class and not inconsistent here- 
 with, shall be in full force and effect in such city. (Act of 1910.) 
 
 OLD LAW. 
 
 (Note. The following sections of the old law as to cities of the 
 First Class are inserted for "the reason that there is doubt as to 
 whether or not they are repealed by the act of 1910.) 
 
 285. Appropriation of Money No appropriation of money shall 
 be made by the board, except upon the affirmative vote of a majority 
 of the members. The vote shall be entered upon its records. 
 
 286. Record of Proceedings All proceedings of the board shall 
 be entered in a book provided for that purpose. This book shall be a 
 public record, and at all times be open to the inspection of the citi- 
 zens. 
 
 S. L. 4. 
 
98 SCtliOO.L LAWS OF KENTUCKY. 
 
 287. Adoption of Text Books The board shall prescribe the 
 branches of education to be taught and the text books to be used. 
 Text books once adopted shall not be changed except by unanimous 
 consent of the board until notice of said proposed change shall be 
 given and entered upon the records of the board one full scholastic 
 year, and then only by the affirmative vote of not less than two- 
 thirds of the members. 
 
 288. Perquisites No fees or perquisites shall be received by 
 said secretary. Interest paid on deposits must be accredited to the 
 board. 
 
 289. Charges Against Officers and Teachers In investigation 
 of charges or complaint against any of its members, officers, 
 principals, teachers or other employes, the board, or its committee 
 on grievances, shall have the power to summons witnesses, and by 
 its chairman administer oath. Any wilful disregard of said sum- 
 mons or process may be punished by any judge of the circuit court 
 on complaint of the board as contempt of such court is punished. 
 
 290. Punishment of Members The board may punish its mem- 
 bers for misconduct by reprimand or expulsion from office, and pun- 
 ish its officers, principals, teachers and employes by reprimand, sus- 
 pension, forfeiture of pay or dismissal, as it may judge appropriate 
 for the offense committed. Any officer or member of said board who 
 shall receive any money or other thing of value, directly or indirectly, 
 for his vote or influence in favor of any measure upon which he shall 
 act officially, shall be deemed guilty of a felony, and upon conviction 
 thereof, be confined in the penitentiary not less than two nor more 
 than ten years. 
 
 291. Appropriations 'For the maintenance of the schools 
 there shall be appropriated the sum or sums which may have been 
 received from year to year as the city's portion of the school fund 
 of this Commonwealth. 
 
 292. Certificate of Teachers A certificate granted to any 
 person shall be void, if the- holder thereof shall not receive regular 
 employment of the board within five years from its date, but may 
 be renewed by another examination. The board may revoke any 
 certificate issued by it for any cause by it deemed sufficient. 
 
 293. Census Enumerator, Per Diem Penalty of Fraud 
 Average Census The secretary of the board shall employ, subject 
 to the approval of the board, a sufficient number of enumerators to 
 take the census within the time required by law and may, subject 
 to the same approval, remove without notice, any enumerator for 
 incompetency, neglect of duty, malfeasance or misfeasance, and at 
 once fill a vacancy arising from this or any other cause: Provided, 
 however, that said school board shall be allowed thirty additional 
 days if in their opinion the same is deemed necessary for an accurate 
 and complete census. Each enumerator shall be at least twenty-one 
 years of age and a bona fide resident of the ward whose territory 
 
SCHOOL, LAWS OF KENTUCKY. 99 
 
 or a part of whose territory he is appointed to enumerate, and shall 
 take an oath or affirmation that he will take the census accurately 
 and truly to the best of his skill and ability. The census shall be 
 returned by wards, each block of which shall be enumerated on a 
 separate list or lists, the street and number of residence, if any, of 
 such person so listed, to be given. The list shall be made out in 
 duplicate, one to be filed with the school board and one to b e for- 
 warded to the Superintendent of Public Instruction as aforesaid. 
 No enumerator shall take the census of any child not residing in the 
 territory to which he is assigned nor of children who have recently 
 removed into the district and who have been previously reported 
 in the census of pupil children for the year in the district from which 
 they have removed or who have recently removed into the district 
 from another State or county. Nor shall more than one enumer- 
 ator be assigned to the same territory. In case of any parent, 
 guardian, head of family, master of apprentice or any person em- 
 ploying, having charge of or harboring any child entitled to school 
 privileges, shall refuse to report to the enumerator any facts re- 
 quired herein necessary to the full and accurate census, he shall be 
 deemed guilty of a misdemeanor, and, upon conviction, shall be 
 fined not less than five nor more than twenty-five dollars. Each 
 enumerator shall, when making return of said census to the secre- 
 tary of the board, make affidavit or affirmation that he has returned 
 the enumeration in accordance with the provisions of this act, to 
 the best of his knowledge and belief, and that such list contains the 
 name of all persons entitled to be enumerated, and no others. Each 
 oath or affirmation provided for in this section, shall be made a 
 part of the blanks on which the census is taken, and a matter of 
 record in both the office of the school board and that of the Super- 
 intendent of Public Instruction. Each enumerator shall be allowed 
 'reasonable compensation per diem for his services to be paid out 
 of the school fund of said city. Any school officer, or other person 
 appointed as enumerator, or any officer through whose hands the 
 schools census required by this act shall pass, 'who shall knowingly 
 enumerate persons not entitled to be listed, or who shall in any 
 manner, add to or take from the number actually enumerated, shall 
 in addition to being liable to punishment for the crime of false 
 swearing, 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 imprisoned in the county jail not less 
 than ten nor more than thirty days, in the discretion of the court. 
 The county superintendent of the county in which such cities are 
 located, shall have no control over the schools in such districts, but 
 the same shall be governed in all respects as herein provided. For 
 the years in which no census is required to be taken hereunder, the 
 Superintendent of Public Instruction shall determine the amount of 
 per capita to be paid over to the school board of such cities, by 
 
100 SCHOOL, LAWS OF KENTUCKY. 
 
 adding annually to the number of children of school age as shown 
 by the next preceding census actually taken, such increase or addi- 
 tion as he may ascertain to be the annual increase of children of 
 school age in the district upon averaging the yearly increase shown 
 by the three actual enumerations next preceding: Provided, how- 
 ever, that the school board or Superintendent of Public Instruction 
 may elect to take an actual census in any of such years, in which 
 case the return of such census shall govern. The Superintendent of 
 Public Instruction shall, in his biennial report, give statement of the 
 estimated census for any year included in said report wherein dis- 
 tribution of per capita may have been made upon estimated census, 
 as provided herein, in such manner as to show clearly the actual 
 enumeration upon which such estimates may have been based and 
 the manner in which the estimated census has been computed. 
 
 294. Members of the board shall not be elsewhere called in 
 question for language used in debate. Act of 1912. 
 
 295. Bonds May be Issued to Erect School Building In cities 
 of the first class whenever the Board of Education shall deem it nec- 
 essary for the proper accommodation of the schools of such city to 
 purchase a site or sites or to erect school houses for the high schools 
 or for the other schools, or to purchase land for the enlargement of 
 existing school yards, or for any or all these purposes, and the an- 
 nual funds raised from other sources are not sufficient to accomplish 
 said purpose or purposes, and it shall deem a bond issue to be neces- 
 sary therefor, said Board shall make a careful estimate of the prob- 
 able amount of money required for such purpose or purposes and it 
 shall certify to the General Council of said city the fact that an elec- 
 tion for an issue of bonds for school improvements should be held to- 
 gether with the amount of money for which bonds shall be issued 
 and the purpose or purposes to which the proceeds thereof shall 
 be applied. It shall thereupon be the duty of the General Council to 
 adopt an ordinance submitting to the qualified voters of the city at 
 the next regular municipal election the question whether bonds of 
 the city to the amount specified shall be issued for school improve- 
 ment purposes. The bonds so issued shall be designated as "School 
 Improvement Bonds," and the ordinance shall provide the date and 
 maturity of such bonds, the rate of interest they shall bear, and the 
 total amount to be issued; and the ordinance shall also contain the nee* 
 essary details in reference to the execution and delivery of said bonds, 
 their denominations, coupons to be annexed, tax to be levied to pay 
 the interest and a sinking fund to retire such bonds at maturity. No 
 bond issue shall ever be for an amount exceeding the sum of one 
 million dollars. The question to be submitted shall be so framed that 
 the voter may by his vote answer for or against the issue of 'bonds. 
 
 It shall be the duty of the mayor of the city to see to it that all 
 proper steps are taken to secure a vote of the people upon the 
 question, conforming, as far as applicable, to the proceedings in case 
 
SCHOOL LAWS OF KENTUCKY. 101 
 
 of an election for members of the Board of Education in cities of the 
 first class. If the voters of the city shall determine that such 'bonds 
 shall be issued, they shall, when so issued, be placed under the con- 
 trol of the Board of (Education, who shall determine when and at 
 what price and how they shall be sold: 
 
 Provided, That no &uch such bonds shall be sold for less than par: 
 And, Provided further, That any premium which may be obtained 
 from said bonds shall constitute a part of the sinking fund for their 
 ultimate retirement. As the bonds are sold, their proceeds shall be 
 placed to the credit of the Board in the same depositaries which are 
 selected for its other funds but shall be kept in a separate account 
 and shall be used only for the purpose -for which the bonds were 
 issued. 
 
 It shall be the duty of the General Council to levy annually in 
 its tax levy a rate that will raise a sum that shall be sufficient to 
 pay the interest and create a sinking fund for the payment of the 
 bonds at maturity. The said bonds', principal and interest, shall be 
 a charge upon the sinking fund of said city, and it shall be entitled 
 to have the annual tax that shall be levied as aforesaid. 
 
 TEACHERS' PENSIONS. 
 
 Acts of 1912. 
 
 296. Teachers' Annuity Fund Board of Trustees Manner of 
 Appointment In every city of the first class in the State of Ken- 
 tucky there shall be, and is hereby created, a teachers' annuity fund, 
 which shall be governed and managed by a board of trustees, which 
 shall be a body corporate under the name of Trustees of Teachers 
 Annuity Fund of Louisville, with power to contract and to sue and be 
 sued, and to adopt and alter its seal, and which shall be composed 
 of seven members, as follows: One member of the Board of Educa- 
 tion of such city, to be selected or appointed annually by such 'board, 
 the superintendent of public schools, one principal and four teachers 
 regularly employed in the public schools of such city. Said principal 
 and teachers of such city shall be selected at a meeting of the public 
 school teachers of such city on the third Saturday of May, 1912, in 
 such manner and at such place or places as shall be determined and 
 designated by the Board of Education of such city; and thereafter 
 there shall be selected on the third Saturday of May of each year one 
 principal and three 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, resignation or disability of 
 either of said principal or teachers, then the public school teachers 
 of said city shall, within a reasonable time, upon the call of the 
 
102 SCHOOL iLAWS OF KENTUCKY. 
 
 president of said 'board of trustees, hold a special meeting and elect 
 a successor or successors. A majority of said trustees shall consti- 
 tute a quorum for the transaction of business pertaining to said an- 
 nuity fund. Said trustees shall receive no pay for their services as such, 
 except the secretary, who may be paid such sum for services as may 
 be fixed by the board of trustees: Provided, however, that if any 
 one shall act as such secretary who shall receive any of the benefits 
 of said pension fund, as hereinafter provided, the amount of the sal- 
 ary so received by such secretary shall be deducted from the amount 
 for which he or she would otherwise be entitled as a beneficiary 
 under said fund. 
 
 297. Officers of Board Powers and -Duties Said board of 
 trustees shall elect from among its number a president, vice-president 
 and secretary. The president shall preside at the meeting of the 
 board and perform all other duties usual to such office. The vice- 
 president shall perform duties of the president in his or her absence. 
 It shall be the duty of the secretary to keep a true and accurate ac- 
 count of the proceedings of such board of trustees and of the teach- 
 ers 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 superintendent of schools of such 
 city shall act as assistant treasurer, and it shall be his 'duty to keep 
 a true and accurate statement of the account of each member with 
 said annuity fund, to collect and turn over to the treasurer of said 
 board all moneys belonging to said fund, and to render to the board 
 a monthly account of his doings. He shall furnish bond in such 
 amount as shall be determined and required by said board of trus- 
 tees. He shall receive no compensation for attending to the duties 
 of his office as assistant treasurer of said board, but the trustees 
 may allow to him annually for the employment of clerical assistance 
 a sum not to exceed two hundred dollars, for the expenditure of 
 which he shall account by full statement, with vouchers which shall 
 be filed with his annual report hereinafter mentioned. The treas- 
 urer of the Board of Education shall be ex-officio the treasurer of 
 said Board of Trustees, and he shall receive and hold all moneys be- 
 longing to such teachers' annuity fund; he shall have the custody of 
 all notes, bonds and other securities belonging to said fund, and shall 
 collect the principal and interest of the same and shall be liable on 
 his bond as treasurer of the Board of Education for the perform- 
 ance of all duties imposed upon him by this act and for the faithful 
 accounting of all moneys and securities, including both principal and 
 interest, which may come into his hands and which shall belong to 
 such annuity fund. And he shall keep a separate account which 
 shall show at all times the true condition of such fund. Said treas- 
 urer 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 
 
SCHOOL LAWS OF KENTUCKY. ios 
 
 of and from the same, and he shall turn over to his successor all 
 moneys, notes, bonds and other securities belonging to said fund. 
 The secretary, treasurer and assistant treasurer shall each make a 
 full, true and accurate report of their offices and trusts at each an- 
 nual meeting of such teachers in May of each year. Their hooks 
 shall at all times be open to inspection or examination by any mem- 
 ber of said board of trustees. 
 
 298. Revenue Board to Make Rules to Govern Same SucS 
 board of trustees shall have full 'Charge and control of the teachers' 
 annuity fund of such city with power to adopt and enforce all need- 
 ful regulations governing the same, not inconsistent 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 education of such city, for the use of 
 said board of trustees of teachers' annuity fund, by any person or 
 persons. Such board of trustees may take by gift, grant, devise or 
 bequest, any money, choses in action, personal property, real estate, 
 or any interest therein, and any such gift, grant, devise or bequest 
 may be absolute, or upon the condition that only the rent, profits and 
 income arising from the same shall be applied to the uses and pur- 
 poses of said fund. Such board of trustees shall be authorized to take 
 such gift, grant, devise or bequest under and by the style of the board 
 of trustees of the teachers' annuity fund, of such city, and to hold the 
 same, or assign, transfer or sell the same, whenever proper and nec- 
 essary, under and hy 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, 1912. And the assistant 
 treasurer of such board of trustees shall prepare 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 assessment, and shall give 
 him or her credit for the same and place the same to the credit of 
 said teachers' annuity fund. Every teacher of such city receiving ,\ 
 salary of four hundred and fifty dollars ($450) a year or more shall 
 jpay such assessment, and in becoming a teacher he or she shall be 
 conclusively deemed to undertake and agree to pay the same, and to 
 have such assessment deducted from his or her salary as hereinbe- 
 fore provided. 
 
 299. Revenue Manner of Investment The board of trustees 
 of such teachers' annuity fund shall determine what part of said 
 
104 SCHOOL LAWS OF KENTUCKY. 
 
 fund may be safely invested, and how much shall be retained for the 
 immediate needs, demands and exigencies of said fund. Such invest- 
 ment shall be made: (1) In interest-bearing bonds of the United 
 States, or in any bond lawfully issued by any iState, county, city or 
 other municipal corporation; (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 ap- 
 praised value of such real estate; (3) in interest-bearing deposits 
 at not less than three per cent, with banks or trust companies of 
 Louisville, said deposits to be secured to their full amount with in- 
 terest, by securities mentioned in classes (1) and (2) of this section. 
 All bonds, mortgages and other securities shall be deposited with and 
 remain in the custody of the treasurer of said board, who shall col- 
 lect all interest due thereon and all the income therefrom, as the 
 same shall become due and payable. 
 
 300. Sinking Fund to Be Provided The board of trustees of 
 such teachers' annuity 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 remaining at the expira- 
 tion 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 following. 
 
 301. Annuity Fund Manner of Distribution Said teachers' an- 
 nuity fund shall be used and devoted in the manner and for the pur- 
 poses following: 
 
 First. The maximum annuity to be paid any teacher shall be four 
 hundred dollars ($400) per annum, which amount shall be based upon 
 a service of forty (40) years as such teacher, and every annuitant and 
 beneficiary of said fund shall be entitled to and shall receive such 
 percentage of said sum of four hundred dollars ($400) as the number 
 of years' teaching 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 in the schools of said city as such teacher for not less 
 than twenty (20) years and who shall have been relieved from service 
 as such teacher by the Board of Education upon the ground of his or 
 ner infirmity, disease or disability, shall be entitled to receive a dis- 
 ability annuity; provided said 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 applicant for an annuity 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. 
 
SCHOOL LAWS OF KENTUCKY. 105 
 
 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 
 thirty (30) years may be granted an annuity upon application to said 
 Board of Trustees, or may be granted an annuity by such board 
 without such application and shall thereafter receive an annuity dur- 
 ing the remainder of his or her life, subject, however, to all the con- 
 ditions in this act; provided, however, that such annuitant shall have 
 paid into said fund, by way of assessment or otherwise, not less than 
 the whole of the amount to which he or she shall be entitled per 
 annum as an annuitant. And in order to make up such amount, the 
 board of trustees may order the treasurer to deduct one-fifth thereof 
 in each of the first five years from the amount of such annuity. If 
 at any time there should not be sufficient money in or to the credit 
 of said teachers' annuity fund to pay all claims against it in full, 
 then and in such event, an equal percentage shall be paid upon all 
 such claims to the full extent of the funds on hand, until such an- 
 nuity fund shall be sufficient to pay all claims against it in full. 
 
 302. Teachers Entitled to Annuity Fund In computing years of 
 service as provided in this act, the board of trustees shall not include 
 service as a public school teacher rendered outside of such city, pro- 
 vided, however, that any teacher may be given a leave of absence 
 for study, professional improvement or temporary disability, not ex- 
 ceeding 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 ab- 
 sence he or she continues to pay into such fund the amount of assess- 
 ment payable by such teacher the last year preceding such leave of 
 absence. 
 
 . 303. Annuity Fund May be Discontinued After any teacher 
 shall have been granted an annuity by reason of injury, disability or 
 disease, the board of trustees shall have the right at any time to 
 cause such teacher again to be brought before such board and ex- 
 amined* by its physician, and also to examine other witnesses, for the 
 purpose of ascertaining whether said injury, disability or disease 
 shall still continue and whether such teacher shall remain on the roll 
 as an annuitant. Such teacher shall be entitled to notice and to 
 be present at the hearing of any 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 
 trustees shall be final and conclusive, and no appeal shall be allowed 
 therefrom, nor shall the same be reviewable by any court or other 
 authority; provided, however, that every teacher receiving annuity 
 shall report to the superintendent of public schools of such city 
 whenever required so to do. And said superintendent may assign 
 such teacher to such service or employment as may be within hia 
 
106 SCHOOL, LAWS OF KENTUCKY. 
 
 or her power to perform, in the judgment of such superintendent of 
 public schools and of the examining physician employed by the said 
 board of trustees. And during the time of such employment such 
 teacher shall receive the regular salary therefor, which shall be 
 credited to and deducted from the amount payable to such teacher 
 from said annuity fund. And should any teacher who is receiving an 
 annuity recover from his or her injury, disease or disability, and 
 again be fit for regular duty, then such teacher may again be regular- 
 ly employed, and during the time of such employment, he or she 
 shall cease to be entitled to any payment out of said annuity fund 
 because of the injury, disease or disability on account of which such 
 teacher was originally retired. 
 
 304. Teacher May Retire on Length of Service Without Exami- 
 nation Any teacher applying for an annuity by reason of length of 
 time of service as in this act provided, shall be granted an annuity 
 and retired without any medical examination, nor need he or she be 
 under any physical disability, and from the time of such granting of 
 annuity and retirement such teacher shall not be required to render 
 further services as such teacher, nor shall he or she be deprived of 
 the benefits herein provided, except for any cause contained in Sec- 
 tion 311 of this act. 
 
 305. Service Before Passage of Act May be Counted In com- 
 puting time under the provisions of this act, such time shall include 
 services rendered before, as well as after, the taking effect of this act. 
 
 306. Trustees Power to Make Rules and By-Laws The board 
 of trustees shall have 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 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 annuity authorized by the board under this law 
 shall be subject to reduction by said board of trustees whenever in its 
 judgment the condition of the annuity fund, the financial or other con- 
 ditions of the annuitant or any other circumstances render such re- 
 duction advisable, proper or necessary, and any annuity so reduced 
 may thereafter be restored or increased, as such board may deem best. 
 
 307. Annuity Fund One-half may be Returned if Teacher 
 Ceases to Teach 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 annuity 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 annuity fund 
 the amount so returned to such teacher within one year from the 
 date of his or her return to e r YiCe in the schools. And should any 
 
SCHOOL LAWS OF KENTUCKY. 107 
 
 teacher die before receiving any of the benefits of pensions 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 fit, one-half the 
 amount, without interest, which shall have been paid into said an- 
 nuity fund by said teacher. 
 
 308. Annuities to be Paid by Treasurer Time of Payment 
 All annuities herein provided for shall be paid to the treasurer of the 
 Board of Education at his office at such times and in such install- 
 ments as the trustees may determine, provided that not less than 
 cne-third of each annuity or percentage thereof shall be paid before 
 December 15th, and the balance not later than June 1st of each scho- 
 lastic year. Provided, further, that no annuity of any kind whatso- 
 ever provided for in this act shall be payable prior to October 1, 1915; 
 but simple interest at six per cent, per annum shall, until said date, 
 run on any annuity beginning with ,the 1st of June of the scholastic 
 year in which the right thereto may accrue. 
 
 309. lAnnuities not Subject to Process All annuities granted 
 and payable out of said teachers' annuity fund shall be and are ex- 
 empt from seizure or levy upon attachment, execution, supplemental 
 process, and all other process, whether mesne or final; and such 
 annuities or any payment of the same shall not be subject to sale, as- 
 signment or transfer by any beneficiary, and such transfer shall be 
 absolutely void. 
 
 310. Annuity Fund May be Discontinued for Certain Causes 
 Whenever any person who shall have received any benefit from said 
 fund shall be convicted of any felony, or of any misdemeanor or 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 
 annuity allowed and paid to him or her shall cease, until the further 
 order of such board. 
 
 311.--Teacher Definition of Term The term teacher as used in this 
 act shall mean and include any principal, assistant principal, super- 
 visor, assistant supervisor, person in charge of any special depart- 
 ment of instruction, and any teacher or instructor regularly employed 
 as such by the Board of Education of such city. 
 
 312. Date When Annuity May be Applied For Annuities may 
 be applied for under this act on or after December 1, 1912, by any 
 teacher who, after, the approval of this act, shall be in the employ 
 of said Board of Education and be entitled to an annuity under the 
 terms of this act. 
 
 313. Repealing Clause The general school laws 1 of this State, 
 and all laws and parts of laws applicable to the general system of 
 common schools in a city of the first class and not inconsistent here- 
 with, shall be in full force and effect in such city. 
 
108 SCHOOL, LAWS OF KENTUCKY. 
 
 CHAPTER XIX. 
 PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS. 
 
 314. Board of Education Each city in this State of the second 
 class, together with the territory now within its limits, or which may, 
 in the future, be included by any change in these limits, shall be and 
 constitute a single school district, and the supervision and govern- 
 ment of common schools and common school property .therein shall 
 be vested in a board of five trustees to be called and known as the 
 
 "Board of Education t of , Kentucky," (in which 
 
 title the name of such city shall be inserted.) Such Board of Educa- 
 tion shall be a -body corporate and shall have power, by and in said 
 name, to sue and be sued, contract and be contracted with, purchase, 
 receive, hold and sell property, do all things necessary to accomplish 
 the purpose for the attainment of which such school district is organ- 
 ized, and succeed to all the property, property rights and privileges, 
 of whatever kind or nature, granted and belonging to any previous 
 corporation, board of education or school district in such city, or of- 
 ficers thereof, authorized or empowered by any enactment of the 
 General Assembly of the State to do anything in reference to public 
 education. Provided, that all pending suits to which any such pre- 
 vious corporation, board of education or school district or officer 
 thereof, is a party, may be prosecuted to an end in the name of such 
 party. All titles to property previously granted to such city by the 
 United States, or this State, for common school .purposes, and the 
 title to all school lands and other property of every kind, shall be 
 vested in the Board of Education established by this act. 
 
 315. Powers and Duties Every such Board of Education shall 
 have general and supervising control, government and management 
 of the public schools, including kindergartens, night and normal 
 schools and high schools as hereinafter provided, and public school 
 property in such city, with the right to use said property to promote 
 public education in such ways as it may deem necessary and proper; 
 shall exercise generally all powers in the administration of the public 
 school system therein, appoint such officers, agents and employes as 
 it may deem necessary and proper and fix their compensation and 
 term of office; shall have power to fix the time of its meetings, to 
 make, amend, and repeal rules and by-laws for its meetings and pro- 
 ceedings, for the government, regulation and management of the 
 public schools and school property in such city, for the transaction of 
 its business, and for the examination, qualification and employment 
 of teachers, which rules and by-laws, when not inconsistent with the 
 general law of the State, shall be binding on such Board of Education 
 
SCHOOL LAWS OF KENTUCKY. 109 
 
 and all parties dealing with it until formally repealed by an affirma- 
 tive vote of four members of said board; to provide for special and 
 standing committees'; to provide for the appointment of a medical in- 
 spector for the schools and to take such other steps as may be proper 
 and necessary to secure and maintain the physical welfare of the 
 pupils therein; to certify to the General Council or the Board of Com- 
 missioners the amount of money necessary for the maintenance and 
 improvement of the schools as hereinafter provided, and to purchase 
 and hold all property, real and personal, deemed by it necessary for 
 the purposes of public education, or for the investment of the public 
 school funds, to build and construct improvements for such purposes, 
 and ,to hold or sell the same. 
 
 316. ^Rea| Estate Power to Purchase and Condemn It shall 
 also have power, when unable to contract with the owner of any real 
 estate necessary to the proper accomplishment of .the purpose for 
 which said Board is created, to institute condemnation proceedings in 
 accordance with the law governing railroad corporations operated or 
 incorporated under the existing laws of this Commonwealth, or under 
 laws which may hereafter be enacted; and to have in such proceedings 
 the same rights, powers, privileges and restrictions, as are now 
 granted to or conferred upon such railroad corporations. Such Board 
 of Education shall have all the powers of other school districts under 
 the laws of this State, except as herein provided. 
 
 317. Qualification of Members No person shall be eligible to the 
 office of member of the Board of Education who has not attained the 
 age of twenty-four (24) years, and who is not a -citizen of the United 
 States, and who has not been such citizen for at least three years 
 preceding his election, and a resident of the city for which he is 
 elected, or who holds or discharges any office, deputyship or agency 
 under the city or county of his residence; except that any member of 
 said Board, or any existing Board, shall be eligible for re-election; no 
 person shall be eligible to this office who at the time of his election 
 is 'directly or indirectly interested in any contract with or claim 
 against said Board, or who is, directly or indirectly, interested in the 
 sale to the Board of books, stationery or other property. 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 Board, or 
 if he shall, after election, become a candidate for any office or 
 agency or for the nomination thereto, the holding and the discharg 
 ing of the duties of which would have rendered him ineligible before 
 election, or if he shall move his residence from the city for which he 
 was chosen, or if he shall do or incur anything which would have ren. 
 dered him ineligible for election, his office shall without further ac- 
 tion be vacant, and it shall be filled as herein directed. Provided, 
 That no member of said Board shall vote regarding th e appointment 
 or employment in any capacity of any person related to said member 
 as father, mother, brother, sister, husband, wife, son or daughter, 
 
no SCHOOL LAWS OF KENTUCKY, 
 
 nor shall any member of said Board hold any office or position of 
 emolument under appointment of said Board. 
 
 318. Oath of Office Every member of said Board shall, before 
 assuming the duties of his office, qualify by taking the following oath 
 which shall be kept on record in such Board: 
 
 STATE OF KENTUCKY, 
 COUNTY OF . 
 
 , being duly sworn, says that he is 
 
 eligible under the law to serve as a member of the Board of Edu- 
 cation, and 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 Board, and that lie will not be influ- 
 enced during his term of office by any consideration except that of 
 merit or fitness in the appointment of officers or engagement ot" 
 employees, and that he will support the Constitution of the United 
 States and of this State and faithfully perform the duties of his 
 office. 
 
 Sworn to and subscribed before me this day of 
 
 319. Compensation Manner of Election No compensation 
 shall be paid to the members of the Board, but they shall b e exempt 
 from jury duty and from service as election officers during their 
 term of office. 
 
 The members of said Board of Education shall be elected from the 
 city at large for the term of four years, except as specified in sections 
 320 and 321 of this act, by the legal voters of such city. They shall be 
 elected from the city at large without reference to wards or other 
 territorial sub-divisions, and such election shall be held under the 
 provisions of the general laws governing city elections, so far as 
 they are not inconsistent with the provisions of this act. 
 
 320. Election by Secret Ballot Petition to Nominate All 
 elections for members of the Board of Education shall be by secret 
 ballot. Said ballot shall be on a separate sheet from all other bal- 
 lots to be used in any election. It shall be the duty of the county 
 clerk of any county, in which a city of the second class is situated, 
 to cause to be printed on said ballot the names of all candidates for 
 membership of the Board of Education of such city, in whose behalf 
 he may be petitioned so to do in writing, by not less than one hun- 
 dred legal voters of such city. The petitions must be filed in the of- 
 fice of the county clerk not more than sixty and not less than 
 fifteen days before the day of election, and each petition must be 
 signed by the requisite number of qualified persons and shall show 
 
SCHOOL LAWS OF KENTUCKY. Ill 
 
 the place of residence of each person signing it, and no person shall 
 sign more petitions than the number of offices to be filled. If the 
 nomination is to fill a vacancy, the petition shall so state. When 
 the same person shall be nominated for a full term and to fill a va- 
 cancy, he shall be accepted as a candidate for the full term. 
 
 Said ballot shall be in the form prescribed for ballots by the gen- 
 eral election law of the State, except that no party emblem or other 
 emblem of distinguishing mark shall be placed upon said ballot, 
 save the words "SCHOOL TICKET" at the head thereof; and that 
 the names of all candidates for membership in the Board of Educa- 
 tion shall be printed on said ballot in a single column. The names 
 shall be printed on the first fifty ballots as arranged in alphabetical 
 list. On each of the succeeding fifty ballots the names shall be 
 printed in the same order, save that the last name on the preceding 
 fifty ballots shall be shifted to the first place; and so on thereafter 
 throughout, a like change being made in the printed order of names 
 for every fifty ballots and such ballots shall be so bound that in the 
 book of ballots for each voting precinct each candidate's name will 
 appear first on approximately the same number of ballots as that of 
 every other candidate. As many additional lines shall be left blank 
 as there are members to be elected. 
 
 The provisions of the general election law of the State of Ken- 
 tucky as to the duties of county clerks and other public officers 
 in the matter of printing and distributing ballots, of issuing them 
 to voters, of receiving and depositing them in the ballot boxes and 
 of counting and preserving them, and in other particulars except 
 as otherwise provided herein, shall be applicable in all respects to 
 the election of members of the Board of Education: Provided, That 
 it shall be the duty of the sheriff of each county in which a city of 
 the second class is situated, to provide for each precinct in said 
 city a separate box for the reception of the ballots used in the elec- 
 tion of members of the Board of Education. And provided, further, 
 That it shall be the duty of the judge of election of the opposite 
 political faith to the clerk of election in each precinct to issue the 
 school ballots in the same manner as other ballots are issued by the 
 clerk of election, by writing the name and residence of the voter 
 upon the primary stub, and his registered number upon the secondary 
 stub of the school ballot, and by observing, as to these ballots, 
 such other regulations for the issue and deposit of ballots as may be 
 prescribed for election generally. It shall be unlawful for an election 
 officer or other person within the election booth to tell or to indicate by 
 word of mouth or otherwise to a voter what may be the political af- 
 filiations of any candidate, and a violation of this provision shall be 
 a misdemeanor punishable by fine not exceeding two hundred dol- 
 lars. And provided, further, That upon the filing with the county 
 judge of the county wherein a city of the second class is situated 
 of a petition signed by a number of legal voters equal to twenty per 
 
112 SCHOOL LAWS OF KENTUCKY. 
 
 cent, or more of the total number of votes cast in said city at the 
 last preceding election at which presidential electors were voted for, 
 requesting that the election of members of the Board of Education 
 in said city be held on a day other than the day for holding the gen- 
 eral election therein, said county judge shall make an order designat- 
 ing some day for the election of members of the Board of Education 
 in said city, which day shall be not less than ninety nor more than 
 one hundred and twenty days after the date whereon said order 
 shall have been entered. Whenever such order shall have been en- 
 tered by said court, the day so designated by him shall thereafter 
 continue, unless changed by order of court as herein provided, to be 
 the day for the holding elections for members of the Board of Educa- 
 tion, and all the provisions of this act and of the general law regu- 
 lating elections in this Commonwealth, when not otherwise incon- 
 sistent, shall apply to and govern said elections, except that it shall 
 be the duty of the clerk of said election to issue said ballots in said 
 separate elections in the same manner as other ballots are issued 
 by him in general elections. Said petition to be filed with the 
 county court, as aforesaid, shall be filed not later than the 1st day 
 of September of the regular year or years for holding said elections 
 beginning with the year 1912, and shall show the place of residence 
 of each person signing it, and the order of the county judge in refer- 
 ence thereto shall be entered within fifteen days after the filing of 
 same. The expense of holding said separate elections, if ordered, as 
 aforesaid, shall be paid for by the city wherein same shall be held 
 out of its general funds. 
 
 321. Number of Candidates to be Voted For Each voter may 
 vote for as many of said candidates as there are members to be 
 elected, by making a cross in the square opposite the name of each 
 candidate for whom he wishes to vote. Th.e candidates, in number 
 equal to the number of members to be chosen, who have the highest 
 number of votes, shall be declared elected. If at any election a mem- 
 ber 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 designated on the ballot as candidates to fill a vacancy, 
 and the date of the unexpired term shall be stated. 
 
 322. Time of Election At the election occurring in the month 
 of November, 1912, or on such date as may be fixed in 1912 by order 
 of the county court according to the provisions of section 320 of this 
 act, five members of the Board of Education shall be elected as 
 herein provided. After having qualified by taking the oath pre- 
 scribed by law, they shall assume office on the first Monday in Jan- 
 uary, 1913, and shall meet at the office of th e present Board of Edu- 
 cation of said city on said day, and shall proceed to organize by 
 electing one of their number President, and another Vice-Presi- 
 dent. Within one week after the organization of said Board, it 
 shall meet to divide its members by lot in such manner as they 
 
SCHOOL LAWS OP KENTUCKY. 113 
 
 shall determine into two classes, as follows: The first class con- 
 sisting of two members shall hold office through the 31st 'day of 
 December, 1914; the second class consisting of three members, shall 
 hold office through the 31st day of December, 1916. At the election 
 of 1914, and at each regular election held in each even numbered 
 year thereafter, members shall be elected as hereinbefore provided 
 to take the place of those whose terms will next expire, and the mem- 
 bers so chosen shall hold office for four years, or until their succes- 
 sors are elected and qualified. At its first regular meeting after 
 the first day of January in each year following said regular elections, 
 said Board of Education shall organize by electing one of its mem- 
 bers President and another Vice-president. The Board shall hold 
 meetings regularly at least once a m,onth, and shall keep a correct 
 record of its proceedings in a book provided for that purpose, which 
 shall be a public record open to inspection by any officer or citizen 
 of the city. 
 
 323. Members Failure to Attend Meetings of Board Any 
 member failing to attend the meetings of the Board for three con- 
 secutive regular meetings, unless excused by the Board for reasons 
 satisfactory to the Board, shall be deemed to have vacated his seat. 
 
 324. Vacancy How Filled Any vacancy in said Board, from 
 whatever cause occurring, shall be temporarily filled by the other 
 members of the Board as soon as practicable after such vacancy oc- 
 curs. The member so chosen shall hold office until his successor is 
 elected and qualified, subject to the provisions of section 1,52 of the 
 Constitution of Kentucky. 
 
 325. Old Board to Surrender Office When members of the 
 Board of Education shall have been elected, shall have qualified, and 
 shall have organized as hereinbefore provided, thereupon it shall be- 
 come the duty of any then existing corporations, or board of Educa- 
 tion, or officers of the school district of such city to surrender their 
 offices, and to deliver to said Board of Education, or to its officers, 
 agents or employees, all the public school property, both real and per- 
 sonal, of every kind whatsoever, and the control and management of 
 the public school affairs of such city. Provided, That until such 
 Board of Education shall be organized, the administration of the 
 public schools and the management of school property in such city 
 shall remain in the control of any such existing corporation, board 
 of education or officers of the school district, in the same manner 
 and with the same power as existed prior to the passage of this act; 
 and the Board of Education elected under this act shall continue, 
 subject to removal for cause, the employment and service of any 
 existing officers, teachers, agents, or other employees, in their sev- 
 eral capacities in connection with the administration of school af- 
 fairs, until the close of the term for which they have been elected; 
 and said Board of Education may thereafter retain without examina- 
 tion, or remove any agents, teachers, janitors, engineers, or other 
 
114 SCHOOL HAWS O'F KENTUCKY. 
 
 employees then rendering service in connection with the public 
 schools of said city for cause to be stated in writing. 
 
 All rules and by-laws made by any existing corporation, board 
 of education or officers of the scliool district, at such time vested 
 in such city with the management of the public schools shall con- 
 tinue in force, so far as consistent with this act, until repealed or 
 altered by such Board of Education. 
 
 326. Rules and By^Laws May be Adopted It shall be the duty 
 of said Board of Education, within sixty days after its organization, 
 to adopt rules and by-laws for its meetings and proceedings, and for 
 the government, regulation and management of the schools and 
 school property, and for the examination, qualification and employ- 
 ment of teachers. And such rules or by-laws may be changed, altered 
 or set aside, only upon an affirmative vote of four (4) members of 
 the Board. * 
 
 327. Superintendent Power to Appoint Qualifications Tne 
 Board of Education shall appoint a superintendent of schools, whose 
 term of office shall 'begin on July 1st, following his appointment and 
 who shall serve for a term of two years, but whenever a superin- 
 tendent who shall have served two years after the appointment whicli 
 is to be made under this law shall be reappointed to succeed himself, 
 his reappointment shall be for a term of four years. He may be re- 
 moved by three (3) members of the Board for cause, or at any time 
 by four (4) members of the Board and the vacancy thus created shall 
 be filled by the Board only until the first day of July following, when 
 the temporary incumbent or some other person shall be appointed 
 for a first term of two years as hereinbefore provided. The Board of 
 (Education may, on the nomination of the Superintendent of Schools, 
 appoint as many assistant superintendents as it may deem necessary, 
 whose compensation shall be fixed by the Board, and who may be 
 removed for cause by the Superintendent with the approval of the 
 Board. 
 
 The Superintendent of Schools shall qualify by taking the oath 
 prescribed by law, and shall have general supervision, subject to the 
 control of the Board, of the course of instruction, discipline and con- 
 duct of the schools, text books and studies; and all appointments, 
 promotions and transfers of teachers and truant officers, and intro- 
 duction and changes of text books and apparatus, shall be made 
 only upon the recommendation of the Superintendent and the ap- 
 proval of the Board. The Superintendent shall have power to sus- 
 pend any teacher or truant officer for cause deemed by him suffi- 
 cient, and the Board of Education shall take such action upon the 
 restoration or removal of such person as it may deem proper. All ap- 
 pointments and promotions of teachers shall be made upon the basis 
 of merit, to be ascertained as far as practicable, in cases of appoint- 
 ment, by examination, and in cases of promotion, by length and char- 
 acter of service. Examinations for appointment shall be conducted by 
 
SCHOOL LAWS OF KENTUCKY. 115 
 
 the Superintendent in accordance with the State law for the certifica- 
 tion of teachers and under such other regulations as may be made 
 by the Board. The Superintendent of Schools shall devote himself 
 exclusively to the duties of his office, and shair have power to ap- 
 point clerks, whose number and salary shall be fixed by the Board, 
 and shall have power to remove the same; shall exercise a general 
 supervision over the schools of the city, examine their conditions and 
 progress, and shall keep himself informed of the progress of educa- 
 tion in other cities. He shall advise himself of the need of extension 
 of the school system of the city, shall make report from time to time 
 as may be fixed by the rules or directed by the Board, and shall be 
 responsible to the Board for the conditions of the instruction and dis- 
 cipline of the schools. The term "teachers" as used therein shall in- 
 clude supervisors, supervising principals and principals. 
 
 328. ^Business Director Powers and Duties The Board of Edu- 
 cation may appoint a business director whose term of office shall 
 begin on July 1st following his appointment, and who shall serve for 
 a term of one year; but whenever a business director who shall have 
 served one year after the appointment which is to be made under 
 this law, shall be re-appointed to succeed himself, his re-appointment 
 shall be for a term of four years. He may be removed for cause by 
 a vote of three members of the Board, or at any time by a vote of 
 four members of the Board. His compensation shall not be changed 
 during the term for which he is elected. The Business Director shall 
 qualify by taking the prescribed oath, and shall be the executive offi- 
 cer of the Board. He shall execute for the Board of Education, in 
 the name of the Board, its contracts and obligations, except that 
 bonds issued shall be signed by the President of the Board and at- 
 tested by the Business Director; he shall see that all contracts made 
 by or with said Board are fully and faithfully performed; he shall 
 have the care and custody of all property of the Board of Education, 
 real and personal, except moneys; he shall oversee the construction 
 of buildings in process of erection and repairs of buildings owned 
 or controlled by the Board; shall advertise for bids, and shall pur- 
 chase all supplies and equipments authorized by the Board; and gen- 
 erally, shall execute and carry into effect all matters and things, au- 
 thority for which shall have been granted by the Board, as herein 
 provided. 
 
 329. Business Director Salary Bond The Business Director 
 shall devote his entire time to the duties of his office, and shall re- 
 ceive an annual salary to be fixed by the Board and payable monthly 
 out of the school fund of the city. Before entering upon the discharge 
 of the duties of his office he shall give a bond for the faithful per- 
 formance thereof in a sum to be fixed by the Board, with a bonding 
 company as surety to be approved by the Board, which bond shall be 
 paid for by the Board and deposited with the Treasurer within ten 
 days from date of election, to be preserved by him. 
 
116 SCHOOL LAWS OF KENTUCKY. 
 
 330. Employees To Be Employed by Business Director Sub- 
 ject to the approval of the Board of Education as to the number and 
 salaries, the Business Director shall have power to appoint such engi- 
 neers, janitors and other employees and agents, as may be necessary 
 for the proper performance of the duties of his department, for whom 
 he shall be responsible, and whom he shall have power to remove. 
 He shall appoint such assistants and deputies as may be authorized 
 by the Board of Education, whose compensation shall be fixed by the 
 Board. Such assistants and deputies shall be subject to removal by 
 the Business Director, who shall be responsible for the proper perform- 
 ance of their duties. He shall perform such other duties as may be 
 required of him by the Board. 
 
 331. Contracts for Buildings Bids to be Received All con- 
 tracts for the erection of school buildings and additions thereto shall 
 be made by said Board of Education, after public letting, to the low- 
 est and best responsible bidder complying with the terms of the let- 
 ting, but it may reject all bids. The necessary specifications and 
 drawings shall be prepared for all such work, and bids therefor hall 
 be solicited by such advertisement as the Board of Education may 
 provide. All work of repairs, alterations and construction, other than 
 said original erections and additions, in and upon school buildings 
 and the grounds adjacent thereto, shall be done directly by the Busi- 
 ness Director, subject to the approval and control of the Board, and, 
 whenever directed to do so by said Board, he shall solicit bids and 
 prepare or secure drawings and specifications therefor. 
 
 No bids shall be entertained by the Business Director which are 
 not made in accordance with the specifications furnished by him, and 
 all contracts shall be let to the lowest and best responsible bidder 
 complying with the terms of the letting: Provided, however, That 
 the said Business Director shall have the right to reject any and all 
 bids. 
 
 332. Supplies Contract to be Awarded Lowest Bidder The 
 Board of Education shall, at or prior to the beginning of each fiscal 
 year, cause advertisements to be made under such regulations as it 
 may provide, for proposals for furnishing the supplies, required in 
 the schools and by the Board for the ensuing year; and every con- 
 tract therefor shall be awarded to the lowest and best responsible 
 bidder complying with the terms of the letting: Provided, however, 
 That said Board shall have the right to reject any and all bids. If 
 other supplies are required during the year, they shall be furnished 
 under contract awarded in like manner; but the Board may author- 
 ize the purchase of supplies not exceeding fifty dollars in amount 
 without letting a contract. The Board shall make distribution of sup- 
 plies through such agencies and in such manner as it deems proper, 
 and the Board may contract for text-books or school apparatus for 
 such term of years as it deems proper, provided this term does not 
 exceed four years. 
 
SCHOOL LAWS OF KENTUCKY. 117 
 
 333. Business Director to Act as Secretary Custodian of Funds. 
 The Business Director shall also act as Secretary of the Board, and 
 as such, he shall, subject to the control of the Board, inspect regular- 
 ly the fiscal affairs of the public schools of the city, and shall have 
 charge of the collection and payment of funds to the bank or trust 
 company selected as the Treasurer of the Board, and the disburse- 
 ment of all revenues and moneys belonging to the Board. He shall 
 have supervision under the direction of the Board, of any permanent 
 school fund of the city, and the investment thereof, and all invested 
 property of the Board. He shall record the proceedings of the Board 
 in such manner as may be directed by the Board and shall deposit 
 daily in the designated depository of the Board all money collected 
 or received by him for the Board. He shall furnish, at the beginning 
 of each month, a statement of receipts and disbursements of the pre- 
 ceding month; and at the end of the fiscal year he shall make to the 
 Board a full and comprehensive report of its financial affairs for the 
 preceding year. He shall be the custodian of all securities, documents, 
 title papers, books of record and other papers belonging to the Board, 
 under such conditions as the Board may direct. It shall be his duty 
 to see that no liability is incurred or expenditure made without due 
 authority of law, and that appropriations are not overdrawn, and that 
 all expenditures are charged to the appropriations from which they 
 should come. 
 
 334. Funds to be Deposited Under Contract The Board of Edu- 
 cation shall, in the month of June of each year, advertise for bids 
 from the banks and trust companies in such city to act as Treasurer 
 and receive the current deposits of such Board, to be secured by 
 bonds with surety to be approved by the Board, in an amount to be 
 fixed by the Board. Said bids shall specify the rate of interest to be 
 allowed to said Board on such deposits, the term on which such de- 
 posits will be received, and the nature of the security offered; and 
 such deposits shall be annually awarded to the bank or trust com- 
 pany that offers, with the required security, the highest rate of inter- 
 est and the best terms therefor; and the Board shall cause contracts 
 for the ensuing year to be made with such bank or trust company so 
 receiving the award of such deposits. All moneys due the Board, from 
 any source whatsoever, shall be paid to the Secretary who shall 
 thereupon cause all funds received to be paid into such designated 
 depository. The fiscal year of the Board shall end on the 30th day of 
 June of each year, and the annual contract shall be made in the 
 month of June of each year for the deposits of the succeding fiscal 
 year. 
 
 335. Funds How Expended The funds of the Board deposited 
 in bank shall be withdrawn only on the order of the Board evidenced 
 by the check of its Business Director, countersigned by the President 
 of the Board, or, in his absence or disability, by the Vice-President. 
 
 336. Revenues Apportionment It shall be the duty of such 
 
118 SCHOOL LAWS OF KENTUCKY. 
 
 Board of Education at the beginning of each fiscal year, to apportion 
 the revenue available for that year to the different departments, for 
 expenditure in support of the schools for that year, and no report or 
 resolution shall be adopted by the Board calling for the expenditure of 
 money unless it states specifically the fund from which the appropria- 
 tion is to be made, and is accompanied by the certificate of the Busi- 
 ness Director and that there is a balance in such fund available for 
 such expenditure. 
 
 337. Power to Borrow Money The Board of Education shall 
 have the power to borrow money on the credit of the Board in antici- 
 pation of the revenue from school taxes for the fiscal half year in 
 which the same is borrowed and pledge said school taxes for the 
 payment of the principal and interest of said loan: Provided, That 
 the interest paid shall in no case exceed six per cent, per annum and 
 the principal shall in no case exceed fifty per cent, of the anticipated 
 revenue for the fiscal half year in which the same is borrowed. 
 
 338. Estimate of Expenses Levy of Taxes To raise money 
 for the maintenance of the schools the General Council or Board of 
 Commissioners shall annually cause to be levied and collected as the 
 Board of Education may request as hereinafter provided, a tax of not 
 less than thirty (30) cents on each one hundred ($100.00) dollars 
 worth of property assessed for taxation for city purposes. It shall 
 be the duty of the Board of Education annually to make a careful 
 estimate of the probable amount of money necessary for conducting 
 the schools and the business entrusted to the Board during the" cur- 
 rent fiscal year, and it shall, prior to the first day of December, cer- 
 tify said amount to the General Council or Board of Commissioners 
 with the request that a tax for schools sufficient to realize for said 
 Board the amount aforesaid shall be levied on each one hundred 
 ($100.00) dollars worth of property assessed for taxation for city pur- 
 poses, and that said levy shall be included in the annual ordinance for 
 said year. If, in any year, the amount so certified and requested, shall 
 represent a tax rate, as based upon the total assessment of taxable 
 property for said year, greater than forty cents for maintenance pur- 
 poses, the General Council may fix the levy for schools at forty cents 
 and disregard the excess. If, in any year, the Board shall fail to 
 make the certificate and request as aforesaid, the General Council or 
 Board of Commissioners shall make a levy fcr schools that shall be 
 the same as it was the year before. 
 
 339. Treasurer to Collect Taxes and Pay Over to Board Upon 
 the completion of the assessment of property for taxation, the amount 
 levied as above, shall annually be passed to the credit of the school 
 fund upon the books of the city, and the said amount, as collected, 
 shall be paid over to the Board by the Treasurer of the city in regular 
 weekly installments, the first payment to be made within one week 
 after the collection of said amount shall have been commenced and 
 
SCHOOL LAWS OF KENTUCKY. 119 
 
 the other payments to be made weekly thereafter, in current money 
 by the said Treasurer as collected. 
 
 340. Power to Purchase Site Improvement Bonds to be Voted. 
 Whenever the Board of Education shall deem it necessary for the 
 proper accommodation of the schools of such city to purchase a site 
 or sites to erect school houses for the high schools or for the other 
 schools, or for any or all these purposes, and the annual funds raised 
 from other sources are not sufficient to accomplish said purpose or 
 purposes and a bond issue is necessary, said Board shall make a care- 
 ful estimate of the probable amount of money required for such pur- 
 pose or purposes and it shall certify to the General Council or Board 
 of Commissioners of said city the fact that an election for an issue 
 of bonds for school improvement shall be held, together with the 
 amount of money for which bonds shall be issued and the purpose or 
 purposes to which the proceeds thereof shall be applied. It shall 
 thereupon be the duty of the General Council or Board of Commis- 
 sioners to adopt an ordinance submitting to the qualified voters of the 
 city at the next regular municipal election the question whether bonds 
 of the city shall be issued for the purpose or purposes aforesaid. The 
 bonds so issued shall be designated as "SCHOOL IMPROVEMENT 
 BONDS" and the ordinance shall provide the date and maturity of 
 such bonds, the rate of interest they shall bear, and the total amount 
 to be issued; and the ordinance shall also contain the necessary de- 
 tails in reference to the execution and delivery of said bonds, their 
 denominations, coupons .to be annexed, tax to be levied' to pay the 
 interest, and a sinking fund to retire such bonds at maturity. 
 
 No submission of the question of issuing bonds hereunder shall 
 be had prior to the regular municipal election in November, 1913, and 
 the total outstanding issue of bonds for school purposes including 
 bonds already issued, shall never exceed two hundred and fifty thou- 
 sand dollars; The question to be submitted shall be so framed that 
 the voter may, Joy his vote, answer For or Against. 
 
 If the voters of the city shall determine by a two-thirds majority 
 of those noting that such bonds shall be issued, they shall when so 
 issued, be placed under the control of the Board of Education, who 
 shall determine when and at what price and how they shall be sold: 
 Provided, That no such bonds shall be sold for less than par: and 
 provided further, that any premium which may be obtained from said 
 bonds shall constitute a part of the sinking fund for their ultimate 
 retirement. As the bonds are sold their proceeds shall be placed to 
 the credit of the Board in the same depository which is selected for 
 its other funds, but shall be kept in a separate account and shall be 
 used only for the purposes for which the bonds were issued. 
 
 It shall be the duty of the General Council or of the Board of 
 Commissioners, in addition to the levy made for the maintenance of 
 the schools as hereinbefore provided, to levy annually in its tax 
 levy a rate that will raise a sum that shall be sufficient to pay the 
 
120 SCHOOL LAWS OF KENTUCKY. 
 
 interest and create a sinking fund for the payment of the bonds at 
 maturity. The said bonds, principal and interest, shall be a charge 
 upon the sinking fund of said city, and it shall be entitled to have the 
 annual tax that shall be levied as aforesaid. 
 
 341. Funds for Maintenance of Schools. For the maintenance 
 of the schools there shall be appropriated the sum or sums which may 
 be received from year to year as the city's portion of the school fund 
 of this Commonwealth. 
 
 342. 'Escheated Lands So much property in the city as, from 
 any cause shall escheat to the Commonwealth of Kentucky, shall vest 
 in the Board for the use and benefit of the public schools of the city. 
 Said Board may, in the name of the Commonwealth, for the use and 
 benefit of the said schools, by its President or other officer to be 
 designated by it, enter upon and take possession of said property, or 
 sue for and recover the same by action at law or in equity, and with- 
 out office found. The Board may sell and convey any of such prop- 
 erty by warranty deed or otherwise. 
 
 343. Duty of Officers as to Collection of Taxes All officers of 
 any city of the second class, and of the State, concerned with the 
 assessment and collection of taxes, fines and penalties, shall perform 
 such duties in relation to the levying and collection of school taxes 
 and the collection of such fines and penalties, and the payment there- 
 of to said Board for school purposes, as are now imposed by the exist- 
 ing laws upon such officers in relation to the levy and collection of 
 school taxes and the collection of fines and penalties payable to the 
 school funds; and nothing in this Act, unless inconsistent therewith, 
 shall be construed as repealing any existing law providing for the 
 assessment and collection of school taxes in such city; and all powers 
 and duties conferred by existing laws upon any Board in relation 
 thereto shall be continued in the Board created by this act. 
 
 344. Expert Accountant to be Employed At the close of each 
 fiscal year of said Board, the Board of Commissioners or the Gen- 
 eral Council of such city shall appoint one or more expert account- 
 ants, who shall examine the books, accounts and vouchers of the 
 Business Director and Secretary, the Treasurer and all other depart- 
 ments of expenditures of the Board, and shall make due report there- 
 of to the Mayor and Board of Education of such city. All the officers 
 and employees of the Board shall produce and submit to such account- 
 ants for examination all books, papers, documents, vouchers and ac- 
 counts in their office 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 recom- 
 mendation they deem proper as to the business methods of such offi- 
 cers and employees. A reasonable compensation for such services 
 shall be paid by the Board. 
 
 345. Kindergartens Power to Establish The Board of Edu- 
 cation shall have power to establish and maintain todergartens for 
 
SCHOOL LAWS OF KENTUCKY. 121 
 
 children from four to six years of age, high schools, night schools for 
 all residents of the city, and normal training classes for the purpose 
 of training teachers to fill positions in the schools of the city, and to 
 this end it may prescribe rules and regulations for the government of 
 such schools and employ the principals and other teachers necessary 
 for their efficient management. 
 
 346. Schools for Colored Children The Board of Education 
 shall provide, maintain and support separate schools wherein all 
 colored children, who are bona fide residents of said city, between the 
 ages of six and twenty years, may be taught in like manner as herein 
 provided for white children. Said colored schools shall be entitled to 
 the same benefits, be governed by the same rules and regulations, 
 and be subject to the same restrictions as the schools herein provid- 
 ed for the white children. 
 
 347. Examination of Teachers The Board shall prescribe the 
 necessary qualifications and mode of examination for applicants for 
 admission to the various schools. 
 
 The said Board shall have authority to make rules and regulations 
 under which the Superintendent may furnish text books and other 
 school supplies to children who are not otherwise able to obtain them. 
 
 348. Religious Dogmas No catechism or other formula of relig- 
 ious belief shall be taught or inculcated, nor shall any class-book be 
 used which reflects on any religious denomination. 
 
 349. Pupils Who May Attend The Board shall have the power 
 to admit to any schools pupils from beyond the city limits and to col- 
 lect for these pupils tuition fees for the benefit of the school fund 
 of the city. Children or persons residing outside of the city limits 
 shall not be admitted as pupils into any of the public schools, except 
 upon payment of such tuition as the Board may require as aforesaid. 
 
 350. Reports to be Made A city of the second class being 
 deemed one school district for taxation purposes and entitled to its 
 proportion of the public school fund of the Commonwealth, the Board 
 of Education of such city shall make detailed reports annually and 
 special reports as required to the State Superintendent of Public In- 
 struction. The Board shall also in the year 1913, and every third 
 year thereafter, cause to be. taken the census of children of school 
 age and make returns thereof to the Superintendent of Public In- 
 struction, and at the same time other school officers are required to 
 make returns; and for neglect of duty the members of the Board 
 shall be liable to the same penalties. This census shall be taken 
 under regulations approved by the State Board of Education. 
 
 For the years in which no census is required to be taken, the 
 Superintendent of Public Instruction shall determine the amount per 
 capita to be paid over to the Board of Education of such cities, by 
 adding annually to the number of children of school age as shown 
 by the next preceding census actually taken, such increase or addi- 
 tion as he may ascertain to be the annual increase of children of 
 
122 SCHOOL LAWS OF KENTUCKY. 
 
 school age in the district upon averaging the yearly increase shown 
 by the three actual enumerations next preceding: Provided, however, 
 That the Board of Education of any such city or the Superintendent 
 of Public Instruction may elect to take an actual census in any of 
 such years, in which case the return of such census shall govern. 
 
 351. Report to be Published--The Board of Education shall, at the 
 end of each scholastic year, prepare and publish, for the information 
 of the public, a report which shall include the annual reports made to 
 the Board by the Superintendent, Business Director and Secretary 
 and the Treasurer, together with such other information as may be 
 proper and necessary to an understanding of the general condition 
 and educational progress of the schools during the preceding year. 
 
 352. Violations Penalties Any member, officer, or employee of 
 such Board who shall wilfully violate any of the provisions of this act 
 shall be deemed guilty of a misdemeanor, and on conviction, shall 
 be punished by a fine of not more than five hundred dollars or im- 
 prisonment not exceeding one year, or by both fine and imprison- 
 ment in the discretion of the jury. 
 
 353. Testimony to be Under Oath All testimony taken upon 
 any investigation made by the Board or in any proceedings before 
 the Board for the removal of any officer or employee of the Board, 
 or in any investigation made by any committee of the Board, shall 
 be under oath, which oath may be administered by the Secretary or 
 any officer authorized to administer oaths. 
 
 Said Board, or any duly constituted committee thereof, shall have 
 the power in any investigation or proceedings before it concerning a 
 matter which may be a proper subject of inquiry by it, to summon 
 witnesses by subpoena and to enforce the compulsory attendance of 
 said witnesses. Should any person so summoned refuse to attend or 
 to produce a paper to be used as evidence in said investigation, or 
 proceedings, or, being present, refuse to testify concerning any mat- 
 ter which may be a proper subject of inquiry, he shall be deemed 
 guilty of a misdemeanor, and on conviction thereof, shall be fined in 
 any sum not less than ten and not more than fifty dollars. 
 
 354. Repealing Clause The general school laws of this State 
 and all laws and parts of laws applicable to the general system of 
 public schools in a city of the second class and not inconsistent here- 
 with, shall be in full i'orce and effect in such city. 
 
SCHOOL LAWS OF KENTUCKY. 123 
 
 CHAPTER XX. 
 PUBLIC SCHOOLS IN CITIES OF THE THIRD CLASS. 
 
 355. Board of Education Election Qualification Time of 
 Meeting There shall be maintained a system of public schools at 
 which all the children residing in the city between the ages of six 
 and twenty years may be taught at the public expense. Said schools 
 shall be under the control of a board to be styled "The Board of 
 Education," consisting of two trustees from each ward in the city, 
 to be elected at the general November election in 1893, by the quali- 
 fied voters of the city at large. The trustees so elected shall hold 
 their offices one-half for two years and one-half for four years, as 
 shall be determined by lot at the first regular meeting after the 
 election. And at the general election, every two years thereafter, 
 there shall be elected by the qualified voters of the city at large one 
 trustee from each ward in the city in which the term of his pre- 
 decessor in office will then expire. Said trustee shall possess the 
 same qualifications as are required for councilmen. Said board of 
 education shall continue, and it is hereby declared, a body-politic 
 and corporate, under the name and style of board of education, with 
 perpetual succession, and by that name may contract and be con- 
 tracted with, sue and be sued, have and use a corporate seal, the 
 same to renew or alter at pleasure; may purchase, receive, hold, 
 lease, sell and dispose of real and personal estate for public school 
 purposes. The control and management of the public schools of the 
 city, and the property and funds thereunto belonging, shall be, and 
 Is hereby, vested in said board, subject to the provisions of this law. 
 It shall have power to make by-laws and rules, not in conflict here- 
 with, necessary for the discharge of its duties and the government of 
 its proceedings. It shall meet once in each month, or oftener if 
 necessary, and a majority elect of said board shall constitute a 
 quorum for the transaction of business and for the appropriation of 
 money or the execution of a contract, the concurrence of two-thirds of 
 the members elect of said boards shall be -indispensable, and the 
 yeas and nays shall be entered of record. The meetings of said 
 board shall be held in some public place, and a correct record of its 
 proceedings shall be kept in a book provided for that purpose, which 
 shall be a public record. 
 
 356. Members Qualification Vacancies Said board of edu- 
 cation shall determine the qualification of its members. It shall have 
 the power to fill until the next general election all vacancies in said 
 board occasioned by death, removal or other cause. 
 
124 SCHOOL LAWS OF KENTUCKY. 
 
 357. Funds Vested in Board of Education All property now 
 used for public school purposes in the city, or which may at any 
 time be owned by the board of education, and all the funds or means 
 that are now or may hereafter come under the control of the same, 
 are hereby forever dedicated to the use of public schools of the city, 
 and the title to all property, real and personal, in the city known and 
 used as public school property, is hereby vested in said corpora- 
 tion. 
 
 358. Appointment of Officers and Teachers Power to Build , and 
 Purchase Site Said board of education shall have power to elect or 
 appoint such officers as may be necessary for its own government, 
 and to require covenant with surety from any or all officers for the 
 faithful discharge of their duties; to make by-laws not in conflict 
 with this charter, the Constitution or laws of this State, for the 
 carrying out of the duties of their office, and for the government of 
 its own officers, schools, teachers, pupils and employes; to determine 
 its own rules of proceedings, and to appoint superintendents, teach- 
 ers and other officers, and employes, and regulate and fix their terms, 
 duties and compensation, and suspend or remove them or any of 
 them for cause. Said board may purchase, build or rent any ground, 
 building or buildings, necessary or convenient for the public school 
 purposes, and may make contract to that end; and any property so 
 leased, purchaser or otherwise occupied, may be reserved by terms, 
 deed or lease to the public schools of the city, and if so reserved, 
 shall not be liable for any debt or debts of the city not incurred for 
 public school purposes. Said board may also receive and hold, for 
 public school purposes, any gift or devise. 
 
 359. That said board of education shall have the power, two- 
 thirds of the trustees in office concurring therein, to be evidenced 
 upon the call of the yeas and nays, and recorded upon the journal 
 of its proceedings, to sell and convey such of said school property 
 for the purpose of reinvesting all the net proceeds of the same in 
 the purchase of other lots, and buildings thereon, other school 
 buildings. And said board of education shall have no power to divert 
 or apply said fund, or any part of it, to any other purpose whatsoever 
 than for the purchase of grounds and the building thereon school 
 buildings for public school purposes, and if it do so, the same shall 
 be malfeasance in office. 
 
 360. Text Books Adoption Issue of Certificates Said board 
 of education shall have the power to select text books for use in 
 said school, and prescribe the course of study, and it shall also have 
 power to hold examinations, determine the qualifications of its super- 
 intendent, principals, teachers, and issue certificates to same. It may 
 establish high schools and fix the grade of public schools, and pre- 
 scribe the rules by which pupils may pass from one grade to another, 
 and from the graded school to the high school. It may also establish 
 
SCHOOL LAWS OF KENTUCKY. 125 
 
 and maintain kindergartens and manual training schools in connec- 
 tion with the public schools. 
 
 361. Reports Said board shall at the end of each scholastic 
 year prepare and cause^ to be published a printed statement show- 
 ing the number of pupils in each school, with the general condition 
 and educational progress made therein, the amount, character and 
 condition of all funds and other property belonging to said schools, 
 together with such information as may be proper or necessary for 
 the benefit of said schools and the general public. 
 
 362. Estimate of Expense Levy and Collection of Taxes 
 Said board shall, within thirty days prior to the time prescribed for 
 the levy to be made in the charter of cities of the third class, ap- 
 proximately ascertain the amount of money necessary to be used to 
 defray the expenses of maintaining the schools, improving or con- 
 structing buildings, etc., thereof, and any liquidation of the liabilities 
 during the current fiscal year, and report the same, together with 
 the estimated amount to be received from the common school fund 
 of the State, interest on bonds, endowments, etc., to the city auditor 
 or clerk, who shall thereupon report the same to the general council, 
 and said general council shall make the necessary levy and collect 
 the tax to provide suitable school buildings, and to defray the gen- 
 eral expenses necessary for school purposes: Provided, That the levy 
 for any one year shall not exceed fifty cents on each one hundred 
 dollars of value of taxable property in the city as returned by the 
 board of equalization. Said tax shall be paid to the board or author- 
 ized agent of same as fast as collected. 
 
 363. Separate * Schools for White and Colored Pupils Said 
 board of education shall provide and maintain, out of the funds levied 
 or otherwise provided for the purpose, suitable buildings, teachers, 
 and other employes, sufficient for the education of all children of the 
 city between six and twenty years of age, and shall provide separate 
 buildings and schools for the education of white and black pupils; 
 and no white child shall be allowed to attend any colored school, nor 
 any colored child shall be allowed to attend any white school. 
 
 364. Oath of Trustee (The trustees shall, before entering upon 
 the duties. of their office, take the oath, or make affirmation, as pre- 
 scribed by law. 
 
 365. Trustee Qualification No member of the board of edu- 
 cation shall be or become, directly or indirectly, interested in any 
 contract, agreement or trade, touching the building of school houses, 
 repairing of school property, selection of text books or other thing, 
 or use his official position to secure the patronage of the teachers or 
 employes of the schools. No member of the board of education shall 
 receive any salary for his services as 1 such. 
 
 366. Treasurer Power Duties Said board of education shall 
 elect its own treasurer and fix bond of same, who shall keep a dis- 
 tinct account of all moneys belonging unto, or which may hereafter 
 
126 SCHOOL ;LAWS OF KENTUCKY. 
 
 be dedicated to, or set apart for, public schools, and shall only pay 
 out or deliver any of said funds, upon the warrant of the board of 
 education, countersigned by the secretary, and approved by the presi- 
 dent of the board of education, and shall perform such other duties 
 as may be prescribed by said board. 
 
 367. Power over Funds Said board of education shall have 
 exclusive control of all school funds of the city, from whatever source 
 the same may be derived, including the pro rata of the city from the 
 common school fund of the State. It shall have the right to receive 
 all fines, forfeitures and taxes that may inure to the benefit of the 
 public schools of the city. It shall have power to expend all moneys 
 in the interest of public schools of the city, and the warrants of the 
 board of education, countersigned by the secretary and approved by 
 the president of the board, shall be honored by the treasurer to the 
 amount of the school funds in his custody. 
 
 368. Indebtedness All indebtedness, bonded or otherwise, and 
 all liabilities and contracts of the school board, existing at the time 
 this law takes effect, and all taxes, funds, sinking funds, or other 
 resources that have been pledged or set apart for the payment of the 
 principal and interest thereof, shall continue unimpaired and remain 
 of the same force and effect as though the same had been authorized 
 and contracted by the express provision of this law. 
 
 369. Funds Paid on Order of Board No money shall be 
 drawn from the funds, unless the same shall have been appropriated 
 by order of the board of education, and no appropriation of money 
 shall be made to be paid out of said school funds, unless the money 
 shall actually be in the treasury to meet the draft. 
 
 370. President of Board Said board of education shall elect 
 from its own number a president, for the term of two years, and may 
 prescribe who shall preside in his absence, and make all necessary 
 rules, prescribing the duties of the presiding officer and the govern- 
 ment of itself; and said board shall also elect a secretary, at a salary 
 to be fixed by the board, whose duty it shall be to keep a record of 
 the proceedings of all regular and special meetings, countersign all 
 warrants and contracts, and whose term of office shall be two years. 
 
 371. Library Right to Establish Said board of education shall 
 have the power and right to establish and maintain a public school 
 library, out of any funds coming into its hands, except that received 
 by taxation, or from the State funds, and also to purchase text books 
 for indigent children of the city, and to otherwise expend such 
 moneys in the interest of the public schools. Said board of education 
 shall have the power and right to make rules and regulations gov- 
 erning said school library. 
 
 372. Non-Resident Pupils Said board shall have power to 
 admit to said school pupils from beyond the limits of the city, and 
 may collect therefrom tuition fees for the benefit of the schools of 
 the city, making deduction of taxes for school purposes on property 
 
SCHOOL LAWS OP KENTUCKY. 12? 
 
 in said city paid by parents of said children; and no children of per- 
 sons residing beyond said limits shall be admitted as pupils of any 
 of said schools except on payment of such tuition fees as said board 
 may require. 
 
 373. No section of this chapter shall be so construed as to re- 
 peal in any wise any special act or amendment thereto heretofore 
 passed for any city of the third class for the establishment, main- 
 taining and carrying on a high school. 
 
 374. For the reason that cities of the third class, in the opera- 
 tion of their government, need at once some of the provisions of this 
 act, and owing to the manner of elections, an emergency is declared 
 to exist, and this act shall take effect from its approval by the Gov- 
 ernor. (Act approved June 14, 1893.) 
 
 CHAPTER XXI. 
 PUBLIC SCHOOLS IN CITIES OF THE FOURTH CLASS. 
 
 375. Board of Education Powers Duties Qualification 
 
 There may be maintained a system of public schools, at which all 
 the children residing in the city between the ages of six and twenty 
 years may be taught at the public expense. Said school shall be 
 under the control of a board, to be styled "The Board of Educa- 
 tion," consisting of two trustees from each ward in the city, to be 
 elected at the general November election in the year one thousand 
 eight hundred and ninety-three, by the qualified voters of the city 
 at large. They shall meet and qualify on the first Monday in Jan- 
 uary after their election. The trustees so elected shall hold their 
 offices one-half for two years, and one-half for four years, as shall 
 be determined by lot, at the first regular meeting after the election; 
 every two years thereafter, there shall be elected by the qualified 
 voters of the city at large, one trustee from each ward in the city in 
 which the term of his predecessor in office will then expire. Said 
 trustees shall possess the same qualifications as are required for a 
 councilman. Said board of education shall continue, and it is hereby 
 declared, a body politic corporate, under the name and style of 
 board of education, with perpetual succession, and by that name may 
 contract and be contracted with; sue and be sued; have and use a 
 corporate seal, the same to renew or alter at pleasure; may pur- 
 chase, receive, hold, lease, sell and dispose of real and personal 
 estate for public school purposes. The control and management of 
 the public schools of the city, and the property and funds hereunto 
 belonging, shall be, and is hereby, vested in said board, subject to 
 the provisions of this law. It shall have power to make by-laws and 
 rules not in conflict herewith, necessary for the discharge of its 
 
128 SCHOOL LAWS OF KENTUCKY. 
 
 duties and the government of its procedings. It shall meet once in 
 each month, or oftener if necessary, and a majority-elect of said board 
 shall constitute a quorum for the transaction of business, and for 
 the appropriation of money or the execution of a contract, the con- 
 currence of two-thirds of the members-elect of said board shall be in- 
 dispensable, and the yeas and nays shall bo entered of record. The 
 meetings of said board shall be held in some public place, and a 
 correct record of its proceedings shall be kept in a book provided for 
 that purpose, which shall be a public record. 
 
 376. Said board of education shall determine the qualification 
 of its members. It shall have the power to fill, until the next general 
 election, all vacancies in said board occasioned by death, removal or 
 other cause. 
 
 377. Funds How Vested All property now used for public 
 school purposes in the city, or which may at any time be owned by 
 the board of education, and all the funds or means that are now or 
 may hereafter come under the control of the same, are hereby for- 
 ever dedicated to the use of public schools of the city, arid the title 
 to all property, real and personal, in the city, known and used as 
 public school property, is hereby vested in said corporation. 
 
 378. Election of Officers Teachers Said board of education 
 shall have power to elect or appoint such officers as may be neces- 
 sary for its own government, and to require covenant with surety 
 from any or all officers for the faithful discharge of their duties; to 
 make by-laws not in conflict with this chapter, the Constitution or 
 laws of this State, for the carrying out the duties of their office, 
 and for the government of its own officers, schools, teachers, pupils 
 and employes; to determine its own rules of proceedings, and to 
 appoint superintendents, teachers and other officers and employes, 
 and regulate and fix their terms, duties and compensation, and sus- 
 pend or remove them, or any of them, for cause. Said board, by and 
 with the concurrence of the city council, may purchase, build or 
 rent any ground, building or buildings, necessary or convenient for 
 the public school purposes, and may make contract to that end; and 
 any property so leased, purchased or otherwise occupied, may be 
 reserved by terms, deed or lease to the public schools of the city 
 and if so reserved shall not be liable for any debt or debts of the 
 city not incurred for public school purposes. Said board may also 
 receive and hold, for public school purposes, any gift or devise. 
 
 379. Property Power to Sell That said board of education 
 shall have the power two-thirds of the trustees in office concurring 
 therein, to be evidenced upon the call of the yeas and nays, and 
 recorded upon the journal of its proceedings, by and with the con- 
 currence of the city council, to sell and convey such of said school 
 property for the purpose of reinvesting all the net proceeds of the 
 same in the purchase of other lots and building thereon other school 
 buildings. And said board of education shall have no power to divert 
 
SCHOOL LAWS OF KENTUCKY. 129 
 
 or apply said fund or any part of it to any other purpose whatsoever 
 than for the purchase of grounds and the building thereon schools 
 buildings for public school purposes and if it do so the same shall 
 be malfeasance in office. 
 
 380. Text Books Adoption Issue Certificates Said board of 
 education shall have the power to select text books for use in said 
 schools, and prescribe the course of study, and it shall. also have 
 power to hold examinations, determine the qualifications of its super- 
 intendent, principals, teachers, and issue certificates of same. It may 
 establish high schools and fix the grade of public schools, and pre- 
 scribe the rules by which pupils may pass from one grade to another, 
 and from the graded school to the high school. It may also, establish 
 and maintain kindergartens and manual training schools in connection 
 with the public school. 
 
 381. Reports Said board shall, at the end of each scholastic 
 year, prepare, and cause to be published, a printed statement showing 
 the number of pupils in 'each school, with the general and educational 
 progress made therein, the amount, character and condition of all 
 funds and other property belonging to said schools, together with 
 such information as may be proper or necessary for the benefit of 
 said schools and the general public. 
 
 382. Estimate of Expenses Levy and Collection of Taxes 
 Said board shall, within thirty days prior to the time prescribed for 
 the levy to be made in the charter of cities of the fourth class, ap- 
 proximately ascertain the amount of money necessary to be used to 
 defray the expenses of maintaining the schools, improving or con- 
 structing buildings, et cetera, thereof and any liquidation of the 
 liabilities during the current fiscal year, and report the same, to- 
 gether with the estimated amount to be received from the common 
 school fund of the State, interest on bonds, endowments, et cetera, 
 to the city auditor or clerk, who shall thereupon report the same 
 to the city council, and the said city council shall make the neces- 
 sary levy, and collect the tax to provide suitable school buildings, 
 and to defray the general expenses necessary for school purposes: 
 Provided, That the levy for any one year shall not exceed fifty 
 cents on each one hundred dollars of value of taxable property in 
 the city as returned by the board of equalization. Said tax shall be 
 paid to the board or authorized agent of same as fast as collected. 
 
 383. Separate Schools for White and Colored Pupils Said 
 board of education shall provide and maintain, out of the funds 
 levied or otherwise provided for the purpose, suitable buildings, teach- 
 ers, and other employes, sufficient for the education of all children of 
 the city between six and twenty years of age, and shall provide 
 separate buildings and schools for the education of white and black 
 pupils; and no white child shall be allowed to attend any colored 
 school, nor shall any colored child be allowed to attend any white 
 school. 
 
 S. L. 5. 
 
130 SCHOOL .LAWS OF KENTUCKY. 
 
 3g4. oath of Trustee The trustees shall, before entering upon 
 the duties of their office, take oath, or make affirmation, as prescrib- 
 ed by law. 
 
 385. No member of the board of education shall be or become, 
 directly or indirectly, interested in any contract, agreement or trade, 
 touching the building of schoolhouses, repairing of school property, 
 or use his official position to secure the patronage of the teachers 
 or employes of the schools. No member of the board of education 
 shall receive any salary for his services as such. 
 
 386. Treasurer Power Duties Said board of education shall 
 elect its own treasurer and fix bond of same, who shall keep a dis- 
 tinct account of all moneys belonging unto, or which may hereafter 
 be dedicated to, or set apart for, public schools, and shall only pay 
 out or deliver any of said funds upon the warrant of the board of 
 education, countersigned by the secretary, and approved by the 
 president of the board of education, and shall perform such other 
 duties as may be prescribed by said board. 
 
 387. Funds Said board of education shall have exclusive con- 
 trol of all school funds of the city, from whatever source the same 
 may be derived, including the pro rata of the city from the common 
 school fund of the State. It shall have the right to receive all fines, 
 forfeitures and taxes that may inure to the benefit of the public 
 schools of the city. It shall have power to expend all moneys in the 
 interest of the public schools of the city, and the warrants of the 
 board of education, countersigned by the secretary and approved by 
 the president of the board, shall be honored by the treasurer to the 
 amount of the school funds in his custody. 
 
 388. Indebtedness All indebtedness, bonded or otherwise, and 
 all liabilities and contracts of the school board, existing at the tima 
 this law takes effect, and all taxes, funds, sinking funds or other re 
 sources that have been pledged or set apart for the payment of the 
 principal and interest thereof, shall continue unimpaired, and remain 
 of the same force and effect as though the same had been authorized 
 and contracted by the express provisions of this law. 
 
 389. Appropriation of Money No money shall be drawn from 
 the funds, unless same shall have been appropriated by order of the 
 board of education, and no appropriation of money shall be made to 
 be paid out of said school funds, unless the money shall actually be 
 in the treasury to meet the draft. 
 
 390. President How Elected Salary Said board of education 
 shall elect from its own number a president, for the term of two 
 years, and may prescribe who shall preside in his absence, and make 
 all necesary rules, prescribing the duties of the presiding officer and 
 the government of itself; and said board shall also elect a secretary, 
 at a salary not exceeding one hundred dollars per annum, whose du:y 
 it shall be to keep a record of the proceedings of regular and special 
 
SCHOOL LAWS OF KENTUCKY. 131 
 
 meetings, countersign all warrants and contracts, and whose tern 
 of office shall be two years. 
 
 391. Library Right to Establish Said board of education shall 
 have the power and right to establish and maintain a public school 
 library, out of any funds coming into its hands, except that received 
 by taxation, or from the State funds, and also to purchase text 
 books for indigent children of the city, and to otherwise expend such 
 moneys in the interest of public schools. Said board of education 
 shall have the power and right to make rules and regulations govern- 
 ing said school library. 
 
 392 ^Non-resident Pupils Said board shall have the power to 
 admit to said school pupils from beyond the limits of the city, and 
 may collect therefrom tuition fees for the benefit of the schools of 
 the city, making deduction of taxes for school purposes on property 
 in said city paid by parents of said children; and no children of 
 persons residing beyond said limits shall be admitted as pupils in 
 any of said schools except on payment of such tuition fees as said 
 board may require. 
 
 393. Any city of the fourth class in which said system of public 
 schools shall be established and maintained, shall constitute one com- 
 mon school district, and the Superintendent of Public Instruction 
 shall pay every year, out of the common school fund of the State to 
 the white board of education, the same amount per capita, for each 
 white child of pupil age in said district, and to the colored board of 
 education the same amount per capita, for each colored child of pupil 
 age in said district, as he shall pay to each child of pupil age in 
 other school districts in the State. Whenever the board of council 
 of any city of this class shall determine, by ordinance, to establish 
 and maintain a system of public schools therein, under the pro- 
 visions of the act mentioned in the title of this act, or in case 'there 
 was a failure at the last election provided for in said act to elect a 
 board of education in any city of the fourth class, the board of coun- 
 cil shall have the power and authority to appoint trustees for such 
 school to serve until the election and qualification of trustees as pro- 
 vided in section 307, as amended herein. (Act approved June 28, 
 1903). (Note An Act published below amends certain sections of the 
 foregoing. Approved March 18, 1904.) 
 
 394 Power of Fourth Class Cities to Establish Schools White 
 and Colored Schools That any city of the fourth class having hereto- 
 fore organized a system of free graded schools for the education of 
 the white and colored pupils of said city under and by virtue of the 
 charter for cities of the fourth class, and managed and controlled by 
 a Board of Education, may, by ordinance passed by its general coun- 
 cil separate said system of graded free schools into a graded free 
 white common school for the white pupils of said city, and into a 
 graded free colored common school for the colored pupils of said 
 city. When said system of schools has been so changed and separat- 
 
132 SCHOOL ;LAWS OF KENTUCKY. 
 
 ed as hereinbefore provided, each system shall be governed and con- 
 trolled by a board of six trustees elected or appointed, as now pro- 
 vided by general law for the government of graded free white and 
 colored schools. Each of said systems of graded free white and color- 
 ed schools shall be supported and maintained by its pro rata share 
 of the State School Fund, which shall be paid by the State Superin- 
 tendent of Public Instruction direct to said trustees or their treas- 
 urer and by such local taxation as may be or now is provided by law. 
 No tax raised from the property or poll of any white person or cor- 
 poration in said city shall be used for the support of said graded free 
 colored common schools of said city, nor shall any tax raised from the 
 property or poll of any colored person be used for the support of said 
 graded free white common school of said city. Said city shall fix by 
 ordinance the maximum amount of tax that shall be levied in any one 
 year on the one hundred dollars worth of property owned by the 
 white citizens and corporations of said city and the maximum poll 
 tax that shall be levied upon each white male citizen over the age of 
 twenty-one years, residing in said city, for white school purposes not 
 to exceed the amount fixed by law, and likewise the maximum amount 
 that shall be levied upon the one hundred dollars worth of property 
 owned by each colored person in said city, and the maximum poll tax 
 that shall be levied upon each colored male citizen over the age of 
 twenty-one years, residing in said city, for colored school purposes 
 not to exceed the amount fixed by law and when said amounts have 
 been fixed the respective boards of trustees of said schools shall 
 not levy and collect a greater amount. After said systems of graded 
 free white and colored common schools have been established as 
 hereinbefore provided for, the same shall be maintained, managed 
 and controlled as provided for by general law for such schools. The city 
 council shall appoint a board of trustees for each of said systems of 
 graded free white and colored schools who shall act as trustees for 
 said schools until the next succeeding regular eleciton, when their 
 successors shall be elected. When said system of graded free com- 
 mon schools herein provided for shall have been established, the 
 board of education of said city shall convey all the free school prop- 
 erty in said city used by the white pupils to the board of trustees for 
 the graded free white common schools, and all the free school prop- 
 erty in said city used by the colored pupils, to the board of trustees 
 for the graded free colored common school. If the city council shall 
 pass 1 an ordinance as hereinbefore provided for, separating the white 
 and colored schools, either the white persons or the colored 'persons 
 living in said district may hold an election as provided by the laws 
 governing school elections in said district for the purpose of abolish- 
 ing the white or colored graded common school system therein exist- 
 ing, the white persons only to vote with reference to the white grad- 
 ed common schools, and the colored persons only to vote with refer- 
 ence to the colored graded common schools; and if such election shall 
 
SCHOOL. LAWS OF KENTUCKY. 133 
 
 be held and the majority of the votes cast at same shall be in favor 
 of abolishing the white or colored graded common school system in 
 said district, the same shall be abolished. All laws in conflict herewith 
 are hereby repealed. (Approved March 21, 1904.) 
 
 I , , . 
 
 I 
 CHAPTER XXII. 
 
 THE STATE UNIVERSITY. 
 
 395. Board of Trustees That the government, administration 
 and control of the Agricultural and Mechanical College of Kentucky 
 be and is hereby vested in a board of trustees, constituted and ap- 
 pointed as follows: 
 
 396. .Governor Ex Officio Chairman His Excellency, the Gover- 
 nor of Kentucky, who shall be ex officio chairman thereof. 
 
 397. Trustees Manner of Appointment Fifteen men, discreet, 
 intelligent and prudent, who shall be nominated by the Governor of 
 Kentucky, and by and with the advice and consent of the Senate. 
 They shall hold office for six years, five retiring and five being ap- 
 pointed at each regular session of the General Assembly. Said nomi- 
 nations shall be made within fifteen days after the Legislature con- 
 venes. Said trustees shall be appointed and distributed as follows, 
 namely: One from each Congressional district outside of the Con- 
 gressional district in which Lexington is situated, and the remainder 
 from the latter district; but no more than three trustees shall be ap- 
 pointed from the county of Fayette: Provided, That no trustee now 
 serving under an appointment previously made shall be displaced 
 by the operation of this act before the term of service shall have ex- 
 pired. 
 
 398. The president of the college shall be ex officio a member 
 of the board of trustees. 
 
 399. Trustees Powers and Duties Selection of President and 
 Professors The board of trustees, when appointed and qualified, 
 shall be a body corporate, under the corporate name of the Agri- 
 cultural and Mechanical College of Kentucky, and as a corporation 
 shall have power to sue and be sued, Implead and be impleaded, con- 
 tract and be contracted with, and possess all the immunities, rights, 
 privileges and franchises usually attaching to the governing bodies 
 of educational institutions. They shall have power to receive, hold 
 and administer, on behalf of the institution whose government, ad- 
 ministration and control is committed to them, all revenues accru- 
 ing from all existing or future endowments, appropriations or be- 
 quest, by whomsoever made, subject to the conditions attaching 
 thereto; to receive, administer and apply, for and on behalf of said 
 college, all moneys, devises, stocks, bonds, buildings, museums, lands, 
 
134 SCHOOL, [LAWS OF KENTUCKY. 
 
 apparatus, and so forth, and so forth, under the conditions attaching 
 thereto. Said trustees shall have power to determine, from time to 
 time, the number of departments of study or investigation which 
 the college shall comprise within the scope of the organic act of Con- 
 gress, or acts supplementary thereto, donating land script for the en- 
 dowment of agricultural and mechanical colleges; the relation which 
 each department or group of departments shall sustain to each other 
 and to the whole; to devise, allot and arrange the distribution of de- 
 partments or groups of departments with the designation appro- 
 priate to each, and to devise the means required for their effective 
 instruction, administration and government. They shall have, also, 
 power to appoint presidents, professors, assistants', tutors and other 
 officers, and to determine the salaries, duties and official relations of 
 each; and shall provide for a definite salary in money attached to all 
 positions created and filled by the board of trustees; and there shall 
 be no additions thereto in the form of fees, perquisites or emolu- 
 ments of any kind whatever. They shall have full power to suspend 
 or remove at will any of the officers, teachers, professors or agents 
 whom they are authorized by law to appoint, and to do all other acts 
 which may be needful for the welfare of the institution. 
 
 400. Degrees Said board of trustees shall have power to grant 
 degrees to the alumni of the institution; to prescribe conditions upon 
 which post-graduate honors shall be obtained by its' alumni and 
 others, and to confer such honorary degrees, upon the recommenda- 
 tion of the faculty of the institution, as they may think proper. 
 
 401. A majority of the whole board shall constitute a quorum 
 for the transaction of business. 
 
 402. In the appointment of presidents, professors or instruc- 
 tors, "no preference shall be shown to any religious denomination. 
 
 403. Trustees to Meet in Lexington Power to Appoint Secre- 
 tary and Treasurer The Executive Committee The board of trus- 
 tees shall meet in Lexington twice each year in the president's room 
 in the college, namely, upon the Tuesday preceding the annual com- 
 mencement, and upon the second Tuesday in December. In the ab- 
 sence of the Governor the board shall have the power to appoint a 
 chairman pro tern. They shall elect annually a secretary, who shall 
 keep a record of their proceedings, and a treasurer, who shall receive 
 and disburse the funds, and a business agent, who shall make all pur- 
 chases for all departments of the college and attend to all the busi- 
 ness under the direction of the board. Said secretary and treasurer 
 and business agent shall receive for their services a fair compensa- 
 tion; but the treasurer elected under the provisions of this act shall 
 not be a member of the board of trustees or of the faculty of the 
 college, or otherwise an employe of the college or of any of the de- 
 partments thereof. They shall, at each regular meeting, appoint an 
 executive committee, consisting of five of their number, residing in 
 or near Lexington, including a chairman thereof, three of whom 
 
SCHOOL LAWS OF KENTUCKY. 135 
 
 shall constitute a quorum; and said committee shall choose from 
 their number a chairman pro tempore, to act in the absence of the 
 permanent chairman. The executive committee shall be charged with 
 the genera] administration of the affairs of the college under such by- 
 laws and regulations as shall be prescribed by the board of trustees, 
 and with the execution of measures specially authorized by the 
 Board. It shall, at each regular meeting of the trustees, and at each 
 called meeting if required, submit to the board a complete record of 
 its proceedings for the consideration and approval of the board of 
 trustees; Provided, That the authority of the board of trustees to re- 
 vise the acts of the executive committee shall not extend to the re- 
 jection of any valid or authenticated account of money expended 
 under a general or specific authority granted by the board of trustees, 
 and within the sums appropriated by the board for specific or contin- 
 gent objects at regular or called meetings. The secretary of :he board 
 of trustees shall also be secretary of the executive committee und 
 the custodian of the records, and so forth, of the board and of said 
 committee. 
 
 404. Treasurer That the treasurer of said college shall enter 
 into covenant with the Commonwealth of Kentucky, with one or more 
 good sureties bound therein, to be approved by the board of trustees, 
 conditioned for the faithful performance of his duties, and the pay- 
 ment of all moneys that shall come to his hands to his successors in 
 office, or to such person or persons as may be lawfully entitled to re- 
 ceive the same. Any person or persons, including the board of trus- 
 tees, injured by any breach of this bond, may maintain in the Fay- 
 ette Circuit Court appropriate action thereon. The said treasurer 
 shall keep an itemized account of receipts and expenditures, and 
 shall pay out no money except on authorization of the board of trus- 
 tees, given directly or through its executive committee. He shall 
 render to the executive committee monthly statements of receipts and 
 expenditures, and amount on hand, and a full detailed statement, with 
 vouchers, for the information and action of the board of trustees at 
 its regular annual meeting, and at other periods when required. 
 
 405. Vacancies in Board of Trustees In the case of the death, 
 resignation or refusal to serve of any of the trustees appointed as 
 members of the board on behalf of the State, the remaining trustees 
 shall, at their first meeting thereafter, have power to fill all vacan- 
 cies occasioned by such death, resignation or refusal to serve; and 
 the person or persons so appointed shall hold their offices as trus- 
 tees during the natural or unexpired terms of the person or persons 
 for whom they are substituted and appointed. Any trustee who snail 
 fail to attend two consecutive meetings without proper notification to, 
 the secretary of the reason therefor, shall hereby vacate his onlce of 
 trustee, and the board shall fill the vacancy as hereinbefore pro- 
 vided for. 
 
136 SCHOOL LAWS OF KENTUCKY. 
 
 . p =r- i! ' 7 ; r 
 
 406. All necessary expenses incurred by the trustees in going 
 to, returning from, or while attending the meetings of the board, 
 shall be met and discharged out of the funds of the institution. 
 
 407. Meetings of Board of Trustees That in addition to the 
 regular meetings, called meetings of the board of trustees may also 
 be held. The call for such meetings must be in writing, signed by 
 three or more trustees. The call must also be formally communicat- 
 ed by the secretary to each trustee by mail, at his post-office address, 
 at least fifteen days before the day fixed for the meeting, 
 and must state definitely the object of the meeting; and no business 
 not thus explicitly announced shall be acted on at the called meet- 
 Ing. 
 
 408. Collegiate Period That the regular collegiate period of 
 the Agricultural and Mechanical College shall be four years, and 
 only those students who pass through that period and attain the pre- 
 scribed standard of proficiency in the regular course of studies, or 
 those who, having qualified themselves elsewhere, shall be found, 
 after at least one year's attendance in the college, to have attained 
 the prescribed standard of proficiency in the regular course of stud- 
 ies, shall receive a diploma from the college. 
 
 409. Trustees to Govern College That the board of trustees be, 
 and hereby are, empowered to establish proper regulations for gov- 
 ernment of the college and physical training, military or otherwise, 
 of the students, and to authorize the suspension and dismissal of stu- 
 dents for neglect or violation of the regulations, and for other con- 
 duct prejudicial to the character and welfare of the institution. 
 
 410. Trustees to Report to General Assembly That the board 
 of trustees shall make to the General Assembly, within the first 
 month of each regular session, a full report of the condition and 
 operation of the college since the date of the preceding report, with 
 such recommendations concerning the college as may be deemed nec- 
 essary. 
 
 411. Appointment of Students In addition to the foregoing, 
 teachers or persons preparing to teach may be admitted at the rate 
 of not more than four from each county, upon the same conditions, 
 receive the same benefits, and have the same privileges in said 
 college as prescribed in the preceding section. These appointments 
 shall be vested in the county superintendents. Said appointments 
 may be made and certified to the president of the college at any 
 time between the first day of July and the thirty-first day of De- 
 cember of each year. 
 
 412. Circular of Information to County Superintendents The 
 president shall, on or before the first day of July of each year, have 
 printed and mailed to each county superintendent of common schools 
 of this State at least as many circulars of information relative to 
 said college as there are common school districts in said respective 
 counties. Said circulars shall set forth in full the benefits of, meth- 
 
SCHOOL LAWiS OF KENTUCKY. 137 
 
 ods of admission into, and the probable cost to beneficiaries of said 
 college. The county superintendents of common schools shall have 
 at least one of said circulars posted in the schoolhouse of each com- 
 mon school district in their respective counties during the term of 
 the free school thereof. 
 
 413. All acts and parts' of acts in conflict with this act are 
 hereby repealed. 
 
 414. That, as the difference in the cost of travel from differ- 
 ent parts of the State practically operates as a difference in advant- 
 ages offered to different parts of the State, an emergency is declared 
 to exist, and this act shall be in full force and effect from and after 
 its approval by the Governor. (Approved May 9, 1893.) 
 
 415. $60,000 Appropriated to Agricultural and Mechanical Col- 
 lege That the sum of sixty thousand dollars, or so much as may be 
 necessary therefor, be and the same is hereby appropriated for the 
 purchase of ground and the erection thereon of a suitable building as 
 a dormitory for young women students of the Agricultural and Me- 
 chanical College of Kentucky, and the equipment and furnishing 
 thereof, which dormitory shall be capable of lodging and boarding 
 comfortably one hundred and twenty-five persons; also, for the pur- 
 pose of erecting and equipping a suitable building for military in- 
 struction, physical culture and rooms for Young Men's Christian As- 
 sociation; also, for the erection and equipment of a suitable building 
 for the use of the normal department and for the use of the academy; 
 also, for the erection and equipment of a dormitory for young men 
 students of said college; also, for the purpose of erecting and furnish- 
 ing an annex for the use of the engineering departments of said col- 
 lege. 
 
 416. $30,000 for Women's Dormitory Thirty thousand dollars 
 of the sum appropriated under section 415 of this act is hereby set 
 apart for the purchase of ground and erection of a dormitory for 
 young women and for the equipment and furnishing of the same. 
 iS'aid building shall contain the necessary bed rooms, water closets, 
 bath rooms, kitchen, store rooms, hall for physical culture with 
 the necessary conveniences which should appertain thereto. Said 
 women's dormitory shall not be situated on any part of the ground 
 known as the College Campus. The title to said property shall be 
 vested in the board of trustees of the Agricultural and Mechanical 
 College of Kentucky. 
 
 417. The residue of the appropriation made by this act shall 
 be used by the board of trustees' of said college in erecting, equip- 
 ping, and furnishing the other buildings' set forth in section 415 
 of this act, and if the residue of the appropriation be not sufficient 
 therefor, then it shall be expended in erecting and furnishing such 
 of said other buildings as the board of trustees may think most 
 necessary until said appropriation be exhausted. 
 
 418. Women to Control Women's Dormitory The board ol 
 trustees shall appoint three prudent, discreet, intelligent women; 
 
138 SCHOOL, -LAWS OF KENTUCKY. 
 
 members in good standing of one of the religious organizations rec- 
 ognized by the laws of the United States, who shall constitute a 
 board of supervision or control to manage and superintend, under 
 the direction of the board of trustees, the dormitory for young 
 women. The term of service shall be for six years; but the first ap- 
 pointments shall be, one for two years, one for four years and one 
 for six years respectively, and thereafter, upon the expiration of 
 their terms of service, one shall be appointed at the close of each 
 biennial period to fill the vacancy. Provided, however, That the 
 board of trustees shall have power at any time to remove any mem- 
 ber of the board of control for reasons which they may deem suffi- 
 cient and to fill the unexpired term by an interim appointment. 
 Said board of supervision shall meet at convenient intervals for the 
 transaction of business. They shall keep a record of their proceed- 
 ings and submit the same to the board of trustees at their regular 
 meetings. Their receipts and expenditures shall be embodied in 
 semi-annual reports to the board. They shall, when the dormitory 
 is ready for the reception of students, submit to the board of trus- 
 tees for their approval or to the executive committee, if the board of 
 trustees' be not in session, a body of regulations in relation to their 
 administration of the business of the dormitory, and in relation to 
 the conduct and discipline of its occupants. The members of the 
 board of supervision or control shall receive no salary; but the neces- 
 sary expenses, incurred in the discharge of their duties, shall be paid 
 out of the funds set apart for the administration of the women's 'dor- 
 mitory. 
 
 419. $2,000 Appropriated for Expenses of Women's Dormitory 
 The sum of two thousand dollars annually is hereby appropriated to 
 defray the running expenses of said women's dormitory, including 
 fuel, lights, servant's hire, janitor, cooks, and the necessary ex- 
 penses of the board of supervision or control as hereinbefore set 
 forth. 
 
 420. Board in Dormitory The rates of board charged young 
 women shall be determined by the cost of provisions and their prepa- 
 ration and service, with no margin or profit. A small monthly fee 
 may, however, be added to cover the wear and tear of kitchen, din- 
 ing room, and bed room furniture. 
 
 421. The duties of the board of supervision or control shall be 
 concerned exclusively with the management of the women's dor- 
 mitory and shall in no wise relate to the college privileges, duties 
 and relations: of the young women nor to the requirements of the fac- 
 ulty regarding their work or the discipline and control of the faculty 
 over them as students. 
 
 422. The president of the college shall, as the representative 
 of the board of trustees, have the same general authority in regard 
 to the women's dormitory wh.iph he is expected and required to ex- 
 ercise over the interests all find sinsujar of the college, and any oc- 
 
SCHOOL LAWS OF KENTUCKY. 139 
 
 cupant of said dormitory who may feel aggrieved by the act of the 
 board of control or the subordinate appointees shall have the privi- 
 lege of appeal to the president of the college, whose decision shall 
 be final until the next meeting of the executive committee. 
 
 423. Students Appointed Have Preference in Dormitory 
 
 Women students attending said college as beneficiaries and ap- 
 pointees of counties or legislative districts shall have preference for 
 accommodations in said women's dormitory, and if the accommoda- 
 tions of said dormitory are not sufficient for all such appointees 
 then the proper authorities of said college shall decide, in some way 
 fair and equitable, who shall be entitled to said accommodations, 
 all counties being given equal representation as nearly as possible. 
 If any rooms in said dormitory remain after all such appointees are 
 accommodated other female students may be allowed the use 
 thereof, each county being given equal representation as nearly as 
 possible. All rooms shall be assigned by lot three days after the 
 session opens. Like rules and preferences shall be observed in 
 regard to dormitory accommodations provided for men students at 
 said college. All rooms shall be assigned by lot three days after 
 the session opens. 
 
 424. Architect Contract to Lowest Bidder The board of .trus- 
 tees of said college shall appoint a competent architect or architects 
 to prepare, under their direction, plans and specifications for the 
 buildings aforesaid and shall contract with responsible parties for 
 the erection and equipment of the same. All contracts under this 
 act for material and labor, or for the erection of any and all build- 
 ings and improvements and for the equipment of the same for the 
 purpose mentioned in this act shall be let to the lowest and best 
 bidder, after the same is duly advertised 'by notice for ten successive 
 days in the daily newspapers in the city of Lexington, Kentucky, hav- 
 ing the largest circulation, or for four consecutive weeks in the 
 weekly paper of said city having the largest circulation, in the judg- 
 ment of the board of trustees; the successful bidder in each case en- 
 tering into bond to the Commonwealth of Kentucky for the benefit 
 of said A. & M. College of Kentucky, in a sum not less than fifteen 
 per cent, of the contract sum or price for the completion of the work 
 in the manner and within the time set out in the contract or con- 
 tracts, and manner and time shall be fully and in detail set out in 
 said contract. The money hereby appropriated shall be paid to the 
 treasurer of the said college from time to time as the purchasing of 
 land, erection of buildings and furnishing of same, as contemplated 
 in this act, may require; and it shall be the duty of the auditor of 
 public acounts to draw his warrant or warrants upon the treasurer 
 of the State in favor of the treasurer of said college for such an 
 amount as the said treasurer of said college may certify to him, from 
 time to time, is necessary and needed in carrying out the provisions 
 of this act. 
 
140 SCHOOL LAWS OF KENTUCKY. 
 
 425. Trustees Must Report to General Assembly Said board ol 
 trustees shall submit to the next regular session of the General As- 
 sembly an itemized account and statement of the expenditures made 
 for the purposes herein named, which account and statement shall 
 be properly certified and audited; and if any of the funds hereby ap- 
 propriated remain unexpended after the additions and improvements 
 to said college herein authorized have been made, the same shall be 
 returned to the State Treasurer by the said board of trustees. The 
 annual appropriation made by this act for the benefit of the women's 
 dormitory shall be paid to the treasurer of said college upon warrant 
 of the auditor to be used for the purposes specified. 
 
 426. Emergency Whereas, it is necessary that the work on 
 the buildings and improvements authorized by this act shall begin 
 as soon as possible in order that said buildings and improvements 
 may be completed and ready for use at the beginning of the next 
 regular collegiate year of said college in September next, an emer- 
 gency is hereby declared to exist and this act shall take effect and 
 be in full force from and after its approval by the Governor. (Ap- 
 proved March 21, 1900.) 
 
 427. $30,000 Appropriated fop Young Women's Dormitory 
 That a supplementary appropriation of thirty thousand dollars be 
 made to enable the trustees of the Agricultural and Mechanical Col- 
 lege of Kentucky to build, complete and equip a dormitory or college 
 home for young women of such dimensions and equipment as will 
 accommodate one hundred and twenty-five persons, and meet the 
 other requirements of the General Assembly. 
 
 428. Money Paid on Warrant of the Auditor The money 
 hereby appropriated shall be paid to the treasurer of the said col- 
 lege from time to time as the erection, furnishing and equipment of 
 the building may require; and it shall be the duty of the Auditor 
 of Public Acounts to draw his warrant or warrants upon the treasurer 
 of the State in favor of the treasurer of said college for such an 
 amount as the treasurer of said college may certify to him from time 
 to time to be necessary and needed in carrying out the provisions of 
 this act. 
 
 429. Emergency Whereas, It is necessary that the work on the 
 building and purchase of equipments authorized by this act shall be- 
 gin as soon as possible, in order that the said building may be com- 
 pleted and the equipment purchased and ready for use at the 
 beginning of the next collegiate year in September, one thousand 
 nine hundred and two, an emergency is hereby declared to exist, and 
 this act shall take effect and be in full force from and after its ap- 
 proval by the Governor. Wliereas, section fourteen of an act to pro- 
 vide for the efficient management and administration of the Agri- 
 cultural and Mechanical College of Kentucky, approved May ninth, 
 one thousand eight hundred and ninety-three, makes liberal provisions 
 for the free tuition, free room rent, free fuel and lights and traveling 
 expenses of beneficiaries appointed from the several counties of this 
 
SCHOOL LAWS OF KENTUCKY. 141 
 
 | ; i. ^*;*i<*f 
 
 Commonwealth as students in said college, thereby virtually bringing 
 the college into every county thereof; and, whereas, said beneficiaries 
 are to be appointed by the superintendent of their respective coun- 
 ties on competitive examinations at a time and place 'designated by 
 the superintendent; and, whereas, it is the duty of the superintend- 
 ents to place in every school house in his county circulars provided 
 and furnished to him by said college, setting forth the benefits 
 thereof, and method of admission into the same and, whereas, by neg- 
 lect in distributing said circulars of information, and failure to desig- 
 nate the time and place for holding competitive examination, many 
 of the counties of the State are inadequately represented in said 
 college, to the detriment and material loss of said counties, therefore, 
 
 430. Duty of County to Post Circulars Each failure or neglect 
 on the part of the superintendent of schools in any county in Ken- 
 tucky to place in such schoolhouse in his county before the fifteenth 
 of May, of each year, a copy of the circulars aforesaid, transmitted 
 by the president of said college for the purpose aforesaid, shall be 
 deemed a neglect of duty; and for each offense an action may be 
 maintained against such superintendent by the trustees of each 
 school within the county where circulars have not been placed ac- 
 cording to the law, and upon conviction, thereof he shall be subject 
 to a penalty of not less than twenty-five nor more than fifty dollars. 
 Said action may be maintained in the courts of justice of the peace 
 having jurisdiction in the school district or in the county court, and a 
 like penalty shall be incurred by the superintendent for the neglect 
 of duty in appointing a time and place for competitive examination 
 for the selection of beneficiaries in his county according to the pro- 
 visions set forth in section fourteen of the aforesaid act, approved 
 May ninth, one thousand eight hundred and ninety-three. By reason 
 of many counties being 'deprived of the benefits of this college, be- 
 cause of the fact that county school superintendents in some counties 
 having failed to make known the provisions of the law, an emergency 
 is declared to exist, and this act shall take effect from its approval 
 by the Governor. (Approved March 21, 1902.) 
 
 431. $15,000 Appropriated Annually to A. & M. College That 
 fifteen thousand dollars be, and the same is hereby, appropriated for 
 the current fiscal year and for each snceeding year, in order to liqui- 
 date the existing indebtedness of the Agricultural and Mechanical 
 College and to provide additional income for meeting the annual ex- 
 penditures of the said Agricultural and Mechanical College of Ken- 
 tucky, and the same is directed to be paid annually by the treasurer 
 of the State to the treasurer of the Agricultural and Mechanical Col- 
 lege, upon warrant issued by the Auditor of Public Accounts, who is 
 hereby 'directed to draw and issue said warrant for the purpose 
 aforesaid. (Acts of 1904.) 
 
 432. Diplomas A diploma from the A. & M. College of Ken- 
 tucky, conferring the degree of Bachelor of Pedagogy, shall be suf- 
 ficient evidence of qualification to teach in the public schools of 
 
142 SCHOOL LAW'S OF KENTUCKY. 
 
 Kentucky during the lifetime of the person upon whom such degree 
 has been conferred, unless he or she shall cease to teach for five 
 consecutive years. And no other certificate or license shall .he re- 
 quired of him by any board authorized by law to employ teachers for 
 any of the public schools of Kentucky. (Acts of 1906.) 
 
 433. That the assent of the Legislature of this Commonwealth, 
 ibe, and is hereby, given to the provisions of the act, entitled 4 An 
 act to provide for an increased annual appropriation for Agricultural 
 Experiment Stations, and regulating the expenditures thereof." That 
 the Governor of this Commonwealth send a certified copy thereof to 
 the Secretary of the Treasury of the United States. Whereas, the ap- 
 propriation will cease upon the adjournment of the Legislature unless 
 this act be then in effect, an emergency is hereby declared to exist 
 and this act shall take effect and become a law from and after its 
 passage and approval. (Approved March 11, 1908.) 
 
 434. Two Hundred Thousand Dollars Appropriated to State 
 University Additional Grounds May be Purchased Architect may be 
 Employed Advertisement Bond by Successful Bidder Money How 
 to b e Paid Statement to be Submitted to General Assembly That 
 the sum of two hundred thousand dollars, or as much as may be neces- 
 sary thereof, be and the same is hereby appropriated for the bene- 
 fit of the State University, Lexington, Kentucky, for the purpose of 
 paying the outstanding indebtedness heretofore incurred for the erec- 
 tion of necessary buildings and equipment of same on the grounds 
 owned by the said institution, and for the erection and equipment of 
 a suitable building for the department of mining engineering, civil en- 
 gineering and physics; also for the erection and equipment of a nec- 
 sary addition to the chemical building; also for the erection and equip- 
 ment of a necessary addition to the mechanical and electrical engi- 
 neering building; also for the erection and equipment of a new dormi- 
 tory for the accommodation of the male students of said institution. 
 All of said buildings shall be erected upon the grounds owned by said 
 institution, or upon such ground as may be acquired by purchase 
 by the board of trustees of said institution. If, in the judgment of the 
 said board of trustees, the purchase of additional grounds may be 
 necessary for the accommodation of the new buildings herein contem- 
 plated, or for the proper conducting of said institution, they may 
 make such necessary purchase and pay for same out of the money 
 herein appropriated. The title to such real estate shall be made and 
 held by the Commonwealth of Kentucky for the use and benefit of 
 said institution. The said board of trustees is vested with a sound 
 discretion as to the order of construction and as to the location of 
 the improvements herein set forth, or in giving preference to such 
 other improvements as will best promote the interests of the institu- 
 tion, provided that the total expenditure shall not exceed the amount 
 herein appropriated. The said board of trustees shall appoint a com- 
 petent architect or architects to prepare, under their directions, plans 
 
SCHOOL LAWS OF KENTUCKY. 143 
 
 and specifications for the buildings aforesaid, and shall contract with 
 responsible parties for the erection and equipment of same. All con- 
 tracts under this act for material and labor, or for the erection of any 
 and all buildings and improvements, and for the equipment of the 
 same for the purposes mentioned in this act, shall be let to the low- 
 est and best bidder, after the same is duly advertised by notice for 
 ten consecutive days in a daily newspaper published in the city of 
 Lexington, Kentucky, having the largest circulation, or for four con- 
 secutive weeks in the weekly paper published in said city which, in 
 the judgment of the said board of trustees, has the largest circula- 
 tion. The successful bidder or bidders in each case shall enter into 
 bond to the Commonwealth of Kentucky for the benefit of said uni- 
 versity in a sum not less than twenty-five per cent, of the contract 
 sum or price for the completion of the work in the manner and within 
 the time set out in the contract or contracts, and manner and time 
 shall be fully and in detail set out in said contract. The money 
 hereby appropriated shall be paid to the treasurer of said university 
 from time to time, as the improvements contemplated in this 1 act may 
 require, and it shall be the duty of the Auditor of Public Accounts to 
 draw his warrant or warrants upon the Treasurer of the State in 
 favor of the treasurer ,of said university for an amount or amounts 
 as the said treasurer of said university, countersigned by the presi- 
 dent, may certify to him from time to time, is necessary and needed 
 in carrying out the provisions of this act: Provided, however, That 
 one-third of said appropriation shall be due and payable on Decem- 
 ber 1, 1908, one-third thereof shall be due and payable on July 1, 
 1909, and one-third thereof shall be due and payable on July 1, 1910. 
 Said board of trustees shall submit to the next regular session of the 
 General Assembly an itemized account and statement of the expendi- 
 tures made for the purpose herein named 1 , which account and state- 
 ment shall be properly certified and audited, and if any of the funds 
 hereby appropriated remain unexpended after the additions and im- 
 provements to said university herein authorized have been made, the 
 same shall be returned to the State Treasurer by said board of trus- 
 tees. 
 
 435. $20,000 Appropriated Annually Normal Detartment Elimi- 
 nated Certificates may be Granted Sub-freshman Work Eliminated. 
 That in order to provide additional income to meet the additional 
 annual expenditures of said Institution the additional sum of twenty 
 thousand dollars ($20,000) is hereby appropriated for the current 
 fiscal year, and for each succeeding year for the benefit of the said 
 State University and the same is hereby directed to be paid by the 
 Treasurer of the State to the Treasurer of the State University upon 
 a warrant or warrants issued by the Auditor of Public Accounts, who 
 Is hereby directed to draw and issue said warrants for the purpose 
 aforesaid. That the normal department of said university, as it now 
 exists, be eliminated, and there be established Instead thereof a de- 
 
144 SCHOOL JAWS OF KENTUCKY. 
 
 partment of education in said university, with collegiate rank, leading 
 to the usual degree in pedagogy as maintained in other similar State 
 institutions; that degrees of bachelor of arts in education, and bach- 
 elor of science in education conferred in this department shall, with 
 the approval of the State Superintendent of Public Instruction, entitle 
 the holder thereof to the privilege of teaching in the common schools 
 and high schools of the Commonwealth without further examination, 
 during life or good behavior. The diplomas granting degrees may be 
 revoked for cause by the said board of trustees or by the State Su- 
 perintendent of Public Instruction. The board of trustees shall have 
 power and authority, subject to the approval of the State Superin- 
 tendent of Public Instruction, to confer, under its 1 corporate seal, upon 
 students of said department, the following certificates: 1st. An ele- 
 mentary certificate upon the completion of one year's work, which 
 shall entitle the holder thereof to teach in any public school of this 
 State for the period of two years from the date thereof, without fur- 
 ther examination. 2nd. An intermediate certificate upon the comple- 
 tion of two years' work, which shall entitle the holder thereof to 
 teach in any public school of this State for a period of four years from 
 the date thereof without further examination. 3d. An advanced certi- 
 ficate upon the completion of three years' work, which shall entitle 
 the holder thereof to teach in any public school of this State for a 
 period of three years from date thereof without further examination, 
 and if, at the end of three years, a teacher holding an advanced certi- 
 ficate shall present to the board of trustees which granted t\ie same, 
 satisfactory evidence of successful teaching during said period, and of 
 good moral character, then the advance certificate may be extended 
 for life or good behavior by said board, subject however, to the ap- 
 proval of the State Superintendent of Public Instruction, and it shall 
 so be endorsed by the said board, and the holder thereof shall be en- 
 titled to teach in any public school in this State during good behavior, 
 without further examination. The official endorsement of the State 
 Superintendent of Public Instruction shall be necessary to validate 
 any of the said three certificates or extension thereof above named. 
 Any certificate may be revoked for cause by said board of trustees or 
 by the State Superintendent of Public Instruction. That from and after 
 awo years from this date all sub-freshman work shall begin to be eli- 
 minated as a part of the university curriculum, and such elimination 
 shall progress 1 as rapidly as the educational conditions in Kentucky 
 will justify: Provided, however, special courses may be given in any 
 Of the departments' of the university, except that no sub-freshman nor- 
 mal instruction shall be given after September 1, 1908, in any depart- 
 ment of the university or academy connected therewith. (Act approv- 
 ed March 16, 1908.) 
 
 436. Title Changed That the institution founded under the 
 land grant of 1862, by the Congress of the United States, and known 
 hitherto under the corporate designation and title of "Agricultural and 
 
SCHOOL, LAWS OF KENTUCKY. 145 
 
 Mechanical College of Kentucky," be hereafter known and designated 
 as the "State University, Lexington, Kentucky." 
 
 437. That the said State University be maintained by the Com- 
 monwealth with such endowments, incomes, buildings and equipments 
 as shall enable it to do work such as is done in other institutions of 
 corresponding rank, both under-graduate and post-graduate, and em- 
 bracing work of instruction, as well as in original research. 
 
 438. Previous Acts Referred To That all the acts of the Gen- 
 eral Assembly of the Commonwealth of Kentucky, making provision 
 for the establishment, support and maintenance of the Agricultural 
 and Mechanical College of Kentucky, heretofore enacted, viz.: An 
 act appointing a commission for the location of the Agricultural and 
 Mechanical College, approved March 13, 1878; an act locating and 
 establishing the Agricultural and Mechanical College, approved Feb- 
 ruary 6, 1880; an act incorporating the Agricultural and Mechanical 
 College, approved March 4, 1880; an act amending the act of incor- 
 poration, approved April 23, 1880; an act of the General Assembly, ap- 
 proved April 29, 1880, and section 184 of the Constitution of Ken- 
 tucky, guaranteeing the validity of the tax levied for the benefit of 
 the Agricultural and Mechanical College by said act, approved April 
 29, 1880; an act of incorporation, amending the acts of March 4, 1880, 
 and April 23, 1880, approved May 9, 1893, an act for the maintenance 
 of the girl's dormitory/ approved March 21, 1900, and an act making 
 an annual appropriation for the maintenance and support of the said 
 college, which became a law March 26, 1904; and that all the acts 
 of the Congress of the United States, creating and endowing colleges 
 under the land grant of 1862, viz: The act providing for the estab- 
 lishing of the college for the benefit of agricultural and mechanical 
 arts, approved July 2, 1862; the act of establishing experiment sta- 
 tions, as departments of agricultural colleges, approved March 2, 1887; 
 the act for applying a portion of the proceeds of the public lands to 
 the more complete endowment of the colleges established under the 
 act of July 2, 1862, which passed the Senate June 23, 1890; the act 
 known as the "Adams act," further endowing experiment stations, 
 passed by Congress, March 16, 1906, an act known as the "Nelson act," 
 for the further endowment of Agricultural and Mechanical Colleges, 
 passed by Congress, March 4, 1907, shall not be affected by this change 
 of name, and the revenue accruing from these and from all other 
 sources, State and Federal, shall continue to be paid over by the State 
 and Federal authorities to the Treasurer of the State University, 
 Lexington, Kentucky, for its use and maintenance, in accordance with 
 the provisions of said acts of Congress and of the General Assembly 
 of Kentucky. 
 
 439. Acts of Congress to be Carried Out That the require- 
 ments of the law of Congress, approved July 2, 1862, for the instruc- 
 tion in those branches of learning relating to agriculture and the 
 mechanic arts and to military tactics, shall be carried out fully, and 
 
146 SCHOOL LAWS OF KENTUCKY. 
 
 that those branches shall continue to be integral and indispensable 
 courses of instruction in the State University; and that, in addition 
 to the other colleges of said university, one of the colleges shall be 
 denominated the Agricultural College, and another the College of 
 Mechanical Arts of the State University. 
 
 440. Department of Law Established That a department of 
 law, or course of instruction in the science of law leading to the de- 
 gree of Bachelor of Laws, shall be established in said university. The 
 course prescribed leading to said degree shall be of equal dignity 
 and rank to that of other corresponding institutions. 
 
 441. Department of Medicine and Surgery Established That a 
 Department of Medicine and Surgery, or course of instruction in the 
 science of Medicine and Surgery, leading to the usual degrees 
 conferred in such courses, shall be established in said univer- 
 sity. The courses prescribed shall be of equal dignity and rank 
 to that of other corresponding institutions, and that a diploma, 
 issued from this department shall be accepted throughout this State 
 on equal terms with diplomas issued from other corresponding insti- 
 tutions. 
 
 442. Appointment of Beneficiaries Competitive Examination 
 Duty of County Superintendents That so much of the law 
 for the benefits of said college designated as section 26, of 
 the Kentucky Statutes, as applies to the manner of mak- 
 ing the appointment of beneficiaries to said college be stricken out, 
 and the following language be inserted instead thereof: "Each county 
 in the State, in consideration of the incomes accruing to said insti- 
 tution under the present laws, for the benefit of the said agricultural 
 and mechanical college, be entitled to select and to send to said uni- 
 versity each year one or more properly prepared students as herein- 
 after provided for, free from all charges for tuition, matriculation 
 fees, room rent, fuel and lights, and to have all the advantages of the 
 said university and dormitory free, except board. Each coun- 
 ty in the State shall be the unit of appointment, and each 
 county shall be entitled annualy to appoint to said univer- 
 sity one white pupil for every three thousand and one for 
 each fraction thereof over fifteen hundred of white school 
 children, based upon the last official census preceding said appoint- 
 ment: Provided, however, that each county shall be entitled to at least 
 one annual appointment." So that said section, when amended will 
 read as follows: "Each county in the State, in consideration of the in- 
 comes accruing to said institution, under the present laws for the 
 benefit of said agricultural and mechanical college, be entitled to se- 
 lect and send to said university each year one or more properly pre- 
 pared students, as hereinafter provided for, free from all charges for 
 tuition, matriculation fees, room rent, fuel and lights, and to have all 
 the advantages and privileges of the said university, one white pupil 
 for every three thousand, ancl one for each fraction thereof over 
 
SCHOOL LAWS OF KENTUCKY. 147 
 
 fifteen hundred of white school children, based upon the last official 
 census preceding said appointment: Provided, however, That every 
 county shall be entitled to at least one annual appointment. Said 
 students shall be entitled, free of any cost whatever, to the benefits 
 enumerated above for the term of years necessary to complete the 
 course of study in which he or she matriculates for graduation, or 
 during good behavior. All beneficiaries of the State who continue 
 students for one consecutive, collegiate year, or ten months, 
 unless unavoidably prevented, shall also be entitled to their 
 necessary traveling expenses in going to and returning from 
 said college. The selection of the beneficiaries shall be 
 made by the superintendents of common schools in their 
 respective counties, upon competitive examination, on subjects 
 prepared by the faculty of the university and transmitted to 
 said superintendent before the first day of June of each year. Said 
 competitive examinations shall be open to all persons between the 
 ages of fourteen and twenty-four years. Preference shall be given, 
 other things being equal, to those who have passed with credit through 
 the public school, persons of energy and industry, whose means are 
 small, to aid whom in obtaining a good education this provision is 
 intended. Said competitive examination shall be held, and the suc- 
 cessful competitor appointed between the first day of June and the 
 first day of August of each year. It shall be the duty of the county 
 superintendent to make known the benefits of this provision to each 
 common school district under his superintendency, with the time and 
 place, when and where such competitive examination shall be held. 
 He shall for this purpose, appoint a board of examiners, whose duty 
 it shall be to conduct the examination. This shall not interfere with 
 any appointment already made to said college." 
 
 443. Free Tuition to Certain Students That the board of trus- 
 tees of said university may within their discretion, concede the priv- 
 ilege of free tuition to students who are preparing for the ministry 
 in connection with any white religious denomination. 
 
 444. By-partisan Board After January 1, 1910 That the board 
 of trustees shall, from and after January 1, 1910, be bi-partisan, and 
 the Governor, in making the appointments of trustees, shall so make 
 them as to divide the representation upon said board equally between 
 the two leading political parties of this Commonwealth, including the 
 ex-officio members that the Superintendent of Public Instruction shall 
 be ex-officio a member of the Board of Trustees'. 
 
 445. That the board of trustees have authority, out of the 
 funds under their control, to expend an amount sufficient to meet the 
 necessary expenses incurred in advertising and other necessary 
 changes incident to the change of the style and title of the said insti- 
 tution. 
 
 ' 446. Location Not Changed That the location of the institu- 
 tion established by the act locating the Agricultural and Mechanical 
 
148 SCttOOL LAWS OF KENTUCKY. 
 
 College of Kentucky, approved February 6, 1880, shall not be affected 
 by this change of name. 
 
 447. That all acts passed by the Legislature of Kentucky, and 
 all the regulations made by the board of trustees in pursuance 
 thereof, for the government of the agricultural and mechanical col- 
 lege, shall continue in effect and apply to the government of the State 
 University, Lexington, Kentucky, except to the extent herein specific- 
 ally set out. 
 
 448. That all students attending exclusively the law or medical 
 'department of the university shall pay the usual tuition fees. 
 
 449. County Certificates May be Issued to Students That stu- 
 dents, while attending the State University, may be examined for 
 county teachers' certificates by the board of examiners of Fayette- 
 county, Kentucky, and on the dates provided in the common school 
 law for the examination of teachers. If such students are of the age 
 and character required by law in the case of other candidates for 
 county certificates, the county superintendent of Fayette county shall 
 admit them to examination and shall collect from each the legal fee, 
 with fifty cents additional. At the close of the examination the county 
 superintendent shall transmit by registered mail the examination pa- 
 pers, together with the examination fee, to the county superintendent 
 of the county from which said candidate desires his certificate issue'd. 
 The county board of examiners shall canvass the papers sent to them 
 as above provided, and shall issue county certificates upon them 
 upon the same terms and conditions as in case of candidates appear- 
 ing in person for examination. 
 
 450. Whereas, the change of name of the Agricultural and Me- 
 chanical College to State University, Lexington, Kentucky, will neces- 
 sitate immediate preparations and advertisement in order to begin 
 university work by September, 1908, an emergency is hereby declared 
 to exist, and this act shall take effect from and after its passage and 
 approval. (Approved March 16, 1908.) 
 
 Act of 1912. 
 
 451. Appropriation of $50,000 for State University The addi- 
 tional sum of fifty thousand dollars is hereby appropriated for the cur- 
 rent official year and for each succeeding year for the benefit of the 
 State University, Lexington, Kentucky, a necessary part o<f which 
 shall be used to meet as far as possible the pressing demands for ag- 
 ricultural instruction and instruction in domestic science, in the Ag- 
 ricultural College of said University, and the same is directed to be 
 paid by treasurer of (State to the treasurer of said University, upon 
 warrant or warrants issued by the Auditor of Public Accounts, who is 
 hereby directed to draw and issue said warrants for the purpose 
 aforesaid. 
 
SCHOOL LAWS OF KENTUCKY. 149 
 
 452. Obligation not to be Contracted Penalty It shall be il- 
 legal for any officer, trustee or any person in any way connected with 
 the Eastern Kentucky State Normal School, the Western Kentucky 
 State Normal School or the State University of Lexington, Kentucky, 
 to contract any obligation for or on behalf of said institution, when 
 there is no money, or sufficient money, in their respective treasuries 
 or has been no money appropriated for the purpose for which said 
 contract or obligation was made, and, that any of the said persons 
 who fail to comply with this law, shall be fined in each case, not less 
 than two hundred and fifty dollars, nor more than two thousand dol- 
 lars, or confined not less than ten days in jail nor more than six 
 months, or both so fined and imprisoned. 
 
 Act of 1912. 
 
 453. Appropriation of $50,000 for Experiment Station There is 
 hereby appropriated to the Agricultural Experiment Station of the 
 State University, Lexington, Kentucky, for the current fiscal year and 
 for each succeeding year thereafter, fifty thousand dollars for the 
 purpose of making field experiments in the several sections' of the 
 State in order to ascertain by chemical and physical examination of 
 our soils and by direct experiments in laboratory and fields what 
 crops and treatment are best suited to each, whether the present 
 methods are tending to best results and whether to the preservation 
 or reduction of fertility, and what rotation and treatment will -be 
 most effective in retaining productive capacities of the soils of the 
 various sections of the State, to discover and 'demonstrate the best 
 methods of orchard treatment, the culture and marketing of fruits and 
 vegetables, and the most effective remedies for insects and 
 diseases of fruit and vegetables, and to make a systematic 
 study of plant breeding and development by means of cross- 
 ing and selection of new and improved varieties of fruits 
 and vegetables, to enable said Station to conduct investiga- 
 tions calculated to develop the beef, pork and mutton pro- 
 ducing interests of the State, and especially to devise and conduct 
 feeding experiments intended to demonstrate the most successful com- 
 bination of stock foods, and to discover, if possible the most economi- 
 cal and successful methods of maintaining animals and fitting them 
 for the market, for pathological investigations, and to investigate live 
 stock conditions both at home and abroad, in so far as they affect 
 market values., to enable said Station to conduct investigations for 
 the purpose of developing the dairy interests of the State, and includ- 
 ing feeding experiments for production of milk and butter, and the 
 rearing of calves, and the study of contagious diseases for the purpose 
 of finding remedies therefor, to enable the said Station to conduct 
 investigations for the purpose of developing the horse interests of the 
 State, including the best methods of feeding and breeding, the study 
 
150 SCHOOL, LAWS OF KENTUCKY. 
 
 of diseases, and thorough scientific investigations for the benefit of 
 the horse industry of the State; ten thousand dollars ($10,000) for 
 the advancement of the poultry interests of the State, including exper- 
 iments in breeding for egg production and methods best adapted for 
 hatching and raising of chicks and feeding experiments and other in- 
 vestigations tending to the economical production of poultry and 
 eggs, for providing the necessary equipment and paying the expenses 
 of the extension work of said Experiment Station in order to bring 
 the scientific knowledge already obtained, and that hereafter ob- 
 tained, in the lines of agriculture and home economics, direct to the 
 farm and home, by means of personal visitation, correspondence, co- 
 operative demonstrations and experiments and the solution of local 
 problems by Station experts visiting the locality and studying the 
 problems on the farm, toward the maintenance of said Station, and 
 for the purpose of enlarging the hog cholera serum and serum plant 
 now at said station and for the production of hog cholera serum and 
 virus to be furnished the farmers of this State at partial cost of pro- 
 'duction and not to exceed one cent per cubic centimeter and to be 
 distributed through such channels as the 'Director of said Experiment 
 Station may deem advisable for the protection of the swine interests 
 of the State. 
 
 454. Payment to be Made QuarterlyThe sums appropriated 
 under this act are to be payable quarterly to the treasurer of said 
 Experiment Station out of moneys in the treasury of the Common- 
 wealth of Kentucky, and the Auditor for the payment of same is di- 
 rected to 'draw his warrant upon the treasurer as in all other claims 
 against the Commonwealth. The Board of Control of said Experiment 
 Station shall furnish to the Auditor of Public Accounts, yearly, an 
 itemized statement of the money expended under this act. 
 
 Emergency Clause Whereas, it is of the utmost importance that 
 experiments in the various lines should be undertaken during the com- 
 ing spring, an emergency is hereby declared to exist, and this act 
 shall take effect and become a law from and after its passage and ap- 
 proval by the Governor. 
 
 CHAPTER XXIII. 
 
 PARENTAL HOME AND SCHOOL COMMISSION. 
 455. Parental Home and School Commission In all counties in 
 this 'Commonwealth wherein there is a city of the first class, there 
 shall be created a bi-partisan commission composed of seven persons 
 of whom two shall be women, and three of whom shall belong to the 
 same political party as the County Judge and four of whom shall be 
 selected from that party, that at the last general and preceding elec- 
 tion shall have case the next largest vote, which shall be a body- 
 politic and corporate, and shall be known as the "Parental Home and 
 School Commission," and in which name it may contract and may be 
 contracted with, sue and be sued, acquire real and personal estate by 
 
SCHOOL LAWiS OF KENTUCKY. 151 
 
 gift or purchase, and 'do all other acts necessary to carry out the pur- 
 poses of this act. 
 
 456. Members Appointed by County Judge The members of 
 said commission shall be appointed by the County judge, who with 
 the County Judge as a member ex-officio shall constitute said commis- 
 sion. Said members shall be appointed for a term of two years. 
 Vacancies in said Commission shall be filled for the unexpired term 
 in the same manner as the original appointment. Said Commissioners 
 shall serve without compensation. 
 
 457.^Superintendent May be Employed aid Commission shall 
 have power to appoint a Superintendent at a salary not exceeding 
 $2,000 per year, and such other employees as may be necessary and 
 fix their compensation, to rent and purchase farm lands, erect, 
 equip, conduct and maintain suitable buildings and grounds for the 
 care, custody, maintenance, education and training of such dependent, 
 neglected or orphaned children as may be committed to it by order 
 of the County Judge, or Juvenile Court Judge, and to make all needful 
 rules for the conduct and maintenance of the said Parental Home and 
 School, which in their judgment seems proper, and may not he in con- 
 flict with the law. 
 
 458. Tax Levy to Maintain In order to provide money for the 
 purchase of farm lands and to erect and equip necessary buildings 
 for the needs and purposes of the Parental Home and School, and to 
 maintain the same, the Fiscal Court is empowered to levy and collect 
 a tax of two cents or less annually on each one hundred dollars worth 
 of property as shown in the last returned assessment, as may he nec- 
 essary and to set the same apart as a separate fund for the purposes 
 of this act until a sufficient amount shall have been accumulated for 
 the purchase of said farm lands and the erection and equipment of 
 suitable and sufficient buildings for the conduct of said Parental 
 Home and School, and said fund shall be used only for the purpose 
 for which it was created: Provided, that any fund heretofore set 
 apart by the Fiscal Court for the care and custody of dependent chil- 
 dren shall be placed to the credit of the Parental Home and School 
 Commission and may be at once used by said 'Commission in the pur- 
 chase of farm lands and equipment, and the general purposes of this 
 act. 
 
 All sums derived from taxation for the purchase of lands and the 
 erection, equipment and maintenance of the buildings and Institu- 
 tions, including any fund heretofore set apart and now on hand for 
 the care and custody of dependent children shall be paid over to said 
 Commission for the purposes herein set forth. 
 
152 SCHOOL LAWS OF KENTUCKY. 
 
 CHAPTER XXIV. 
 STATE NORMAL SCHOOLS. 
 
 459. State Normal School Created Committee to be Ap- 
 pointed to Fix Boundaries That the State of Kentucky be divided 
 into two State Normal school districts and that they be called the 
 Eastern Kentucky State Normal School District and the Western 
 Kentucky State Normal School District and that there be estab- 
 lished and maintained two State Normal Schools in this State as 
 follows: The Eastern Kentucky State Normal School located in the 
 Eastern Normal School District at Richmond, Kentucky, and the 
 Western Kentucky State Normal School, located in the Western 
 Normal School District at Bowling Green, Kentucky, the boundaries 
 of which two Normal School Districts shall be fixed the year follow- 
 ing, and on the basis of every federal census, by a commission con- 
 sisting of the State Superintendent of Public Instruction and the 
 President of the Eastern and Western Kentucky State Normal 
 Schools, and which districts shall always be as near equal as may be 
 in white population. (Section as amended by Act of 1908.) 
 
 460. Objects The object of said State Normal Schools shall 
 be to more fully carry into effect the provisions of section one hun- 
 dred and eighty-three of the Constitution of Kentucky, by giving to 
 the teachers of the Commonwealth such training in the common 
 school branches in the science and art of teaching, and in such 
 other branches as may be deemed necessary by the Normal Execu- 
 tive Council, hereinafter created, as will enable them to mak e the 
 schools throughout the State efficient. 
 
 461. Boards of Regents Created There is hereby created a 
 Board of Regents for each of said normal schools, to be known, re- 
 spectively, as "The Board of Regents for Normal School District No. 1" 
 and the "Board of Regents for Normal School District No. 2." Said 
 board shall have perpetual succession, with power to contract and be 
 contracted with, to sue and be sued, to plead and be impleaded, to re- 
 ceive by any legal mode of conveyance property of any description, 
 and to have and hold and enjoy the same; also to make and use a 
 corporate seal, with power to alter -the same; to adopt by-laws, rules 
 and regulations for the government of their members, official agents 
 and employes: Provided, such by-laws shall not conflict with the Con- 
 stitution of the United States or with the Constitution of the State 
 of Kentucky. 
 
 462. The Board of Regents for each of said schools shall be 
 composed of five members, including the Superintendent of Public 
 Instruction, who shall be a member and chairman Qf each, of said 
 boards. 
 
SCHOOL LAWiS OF KENTUCKY. 153 
 
 4G3 Appointment and Terms of Board of Regents Within 
 
 thirty days after the selection of the normal school sites, as herein- 
 after provided, the Governor shall appoint four regents for each of 
 said normal schools, two of which shall serve for two years and two 
 for four years, and until their successors are appointed and qualified; 
 and two members shall be appointed in like manner every two years 
 thereafter to serve for a term of four years each; and, 
 whenever a vacancy or vacancies occur in either of said 
 boards by death, resignation, removal from district, of by 
 the operation of this law, or otherwise, the Governor shall, 
 in like manner, immediately appoint some competent person 
 or persons to fill such vacancy or vacancies'. The person or per- 
 sons so appointed shall hold office for the unexpired term: Provided, 
 that no two members of either of said boards shall be residents of 
 any one county, and that not more than three members of any of said 
 boards, including the Superintendent of Public Instruction, shall be- 
 long to the same political party. 
 
 464. Said agents shall (hold their offices for a term of four 
 years from the first day of April next preceding their appointment, 
 and until their successors are duly appointed and qualified, except 
 such as may be appointed to fill vacancies, who shall hold office for 
 the unexpired term only. 
 
 465. Election of Officers of Board Each of said Board of Re- 
 gents shall hold its first meeting within thirty days after its appoint- 
 ment, the time and place of meeting to be designated by the Superin- 
 tendent of Public Instruction, who shall administer the oath of office 
 to each member. At this meeting there shall be selected a vice-presi- 
 dent and a secretary for each of said boards. Said board shall also 
 appoint a treasurer and such officers as it may deem necessary, but 
 no member of either of said boards shall be selected as treasurer. 
 
 466. Meetings to be Held by Board Each board shall meet 
 quarterly at such time and places as may be agreed upon and, until 
 the buildings are arranged for and completed, and as much oftener 
 as may be necessary, but thereafter the regular meetings of each of 
 said boards shall be held at its respective normal school building. 
 
 467. A majority of the members of said board shall constitute 
 a quorum for the transaction of business, but no appropriation of 
 money, nor any contract which shall require any appropriation or 
 disbursement of money, shall be made, nor teacher employed or dis- 
 missed, unless a majority of all the members of the board shall vote 
 for the same. 
 
 468. Powers and Duties Each board of Regents shall ihave gen- 
 eral control and management of its normal school; shall possess 
 full power and authority to adopt all needful rules 1 and regulations 
 for the guidance and supervision of the conduct of the students of any 
 department thereof; to enforce obedience to such rules, to invest the 
 faculty with the power to suspend or expel any pupil for disobedience 
 
154 SCHOOL LAWS OF KENTUCKY. 
 
 to such rules or for any contumacy, insubordination or immoral con- 
 duct, and have authority to appoint or dismiss all officers and teach- 
 ers, to require such reports from officers and instructors as it may 
 deem necessary, to appoint a treasurer for such school and to deter- 
 mine the amount of his bond, which amount shall not be less than tea 
 thousand 'dollars. 
 
 469. Normal Executive Council The Superintendent of Public 
 Instruction, together with the president or head executive officer of 
 each State normal school herein created, shall constitute a Normal 
 Executive Council, whose duty it shall be to prescribe the course of 
 study to be taught in each State Normal school, and the educational 
 Qualifications for admission to and graduation from same. 
 
 470. At the first meeting of the Normal Executive Council, 
 which shall occur within one month after the election of the presi- 
 dents of the said normal schools herein created, there shall be elect- 
 ed from said council a vice-president and a secretary; the Superin- 
 tendent of Public Instruction shall be ex-officio president of the coun- 
 cil. 
 
 471. This council shall hold its meetings annually or as much 
 oftener as may be deemed necessary at the State Capitol or at one 
 of the normal school buildings, the place of meeting to be determin- 
 ed by the Superintendent of Public 'Instruction, and a majority of the 
 members shall constitute a quorum. 
 
 472. Board of Regents to Confer Certificates Reports Endorse- 
 ment of Certificate by Superintendent of Public Instruction County 
 Superintendent May Revoke Secretary of Board of Regents Must Re- 
 port to Superintendent of Public Instruction Each Board of Regents 
 shall have full power and authority subject to the approval of the 
 State Superintendent of Public Instruction, to confer, under its cor- 
 porate seal, upon students of said schools the following certificates, 
 viz: An "Elementary Certificate," and "Intermediate Certificate" and 
 'Advanced Certificate." The Elementary Certificate shall be conferred 
 upon the completion of one year's work, and shall entitle the holder 
 thereof to teach in any public school in this State for the period of 
 two years from the date thereof without further examination. The In- 
 termediate Certificate shall be conferred upon the completion of two 
 years' work, and shall entitle the holder thereof to teach in any pub- 
 lic school in this State for a period of four years from the date 
 thereof without further examination. The Advanced Certificate shall 
 be conferred upon the completion of three years' work, and shall en- 
 title the holder thereof to teach in any public school in this State for 
 a period of three years from the date thereof without further exami- 
 nation, and if at the end of the three years a teacher holding an Ad- 
 vanced Certificate shall present to the Board of Regents which grant- 
 ed the same satisfactory evidence of successful teaching during said 
 period, and of good moral character, then the Advanced Certificate 
 may be extended for life, or good behavior, by said Board, subject, 
 
SCHOOL LAWS OP KENTUCKY. 155 
 
 however to the approval of the State Superintendent of Public In- 
 struction; and it shall be so endorsed by the said Board, and the 
 holder thereof shall be entitled to teach in any public school in this 
 State during good behavior without further examination. The official 
 endorsement of the State Superintendent of Public Instruction shall 
 be necessary to validate any certificate or extension thereof above 
 named. Any certificate may be revoked for cause by the Board of 
 Regents of the school granting the same, or by the State Superinten- 
 dent of Public Instruction. Any County Superintendent may, for 
 cause, revoke for his county any certificate, of which revocation im- 
 mediate notice shall be given to the State Superintendent of Public 
 Instruction, and he shall have power to approve or reverse such 
 revocation. The Secretary of the Board of Regents shall annually on 
 or before the first day of August, transmit to the State Superintend- 
 ent of Public Instruction the names of those receiving such certifi- 
 cates, their date of issue, and the place of residence of each holder, 
 and the State Superintendent shall annually, not later than August 
 the 15th, forward to each County School Superintendent a printed list 
 of persons holding State certificates' then in force, and those authoriz- 
 ed to teach under the provisions of this section, giving names, resi- 
 dences, dates of qualification, and by whom conferred, and the date 
 on which each Normal certificate shall expire; and the holder of such 
 certificate shall, before commencing to teach a public school in any 
 county in this State, notify the County Superintendent thereof of 
 such fact, give date of qualification and by whom conferred, and the 
 County School Superintendent shall verify same by examination of 
 the list sent him by the State Superintendent, and if found correct, 
 shall duly record the said teacher as eligible to teach in such county. 
 
 473. Power to Remove Officers and Fix Compensation The 
 Boards of Regents shall have power to appoint and to remove the 
 president, professors and teachers of the normal schools, to fix their 
 compensation, the commencement and termination of their respec- 
 tive terms of office, not to exceed two years for any one term. 
 
 474. Causes for Removal of Officers and Teachers No presi- 
 dent, professor or teacher shall be removed except for incompetency, 
 neglect or refusal to perform his duty, or for immoral conduct; nor 
 shall such president, professor or teacher be removed until after ten 
 days' notice in writing, stating the nature of the charges preferred; 
 and such person shall have an opportunity to make a defense before 
 the board, by counsel or otherwise, and shall be allowed to introduce 
 testimony, which shall be heard and determined by the board. In 
 every case of the suspension or expulsion of a student by the faculty, 
 the person so suspended or expelled shall be allowed to appeal from 
 the decision of the faculty to the Board of Regents, and it shall be 
 the duty of the Board of Regents to prescribe the manner and mods 
 of proceeding in the matter of such appeal; but the decision of the 
 Board of Regents shall be final. 
 
156 SCHOOL LAWS OF KENTUCKY. 
 
 475. Special Meetings Upon the written request of any two 
 members of the Board of Regents, or at the request of the faculty, 
 signed by the president and certified by the secretary thereof, the 
 chairman of the Board of Regents may call a special meeting and the 
 object or objects thereof, and no other business, shall be transacted 
 at such meeting, unless all the members of the board are present and 
 consent thereto. 
 
 476. Mileage Allowed Board No member of the Board of 
 Regents, nor member of the Normal Executive Council, shall draw 
 any salary for services as such, but shall receive six cents per mile 
 for every mile necessarily traveled in going to and from each meet- 
 ing for the board, and other legitimate expenses to be paid out of 
 the contingent fund of the school. 
 
 477. Board and Officers not to be Interested in Sales or Con- 
 tracts No president, profess'or, teacher, regent, member of the Nor- 
 mal Executive Council or other officer or employe shall keep for 
 sale, or be interested, directly or indirectly, in any contract or pur- 
 chase for the building or repairing any structure, or for fencing or 
 ornamenting the grounds, or furnishing any supplies or material for 
 the use of said normal school. (Acts' of 1906.) 
 
 478. Annual Report to the State Superintendent of Public In- 
 structionThe President of each Normal School shall make to his 
 Board of Regents written reports in duplicate during the month of 
 August of each year, which shall contain a full account of all receipts 
 of moneys from appropriations, tuitions, fees and all other sources, 
 and the disbursements thereof, and for what purpose, and the condi- 
 tion of said Normal School; shall also report a list of the names and 
 places of residence of all students that may have been taught in 
 the Normal School during the preceding year, the number of terms 
 enrolled, the number of days each has taught and the amount of tui- 
 tion and incidental fees paid; one of which reports shall be filed in 
 the office of the Secretary of the Board of Regents, and the other 
 transmitted to and filed in the office of Superintendent of Public In- 
 struction at Frankfort, Kentucky. (Section as amended by Act of 
 1908.) 
 
 479. Treasurer to Execute Bond The treasurer of the respec- 
 tive Board of Regents, before he enters upon the duties of his office, 
 shall enter into a bond to the Commonwealth of Kentucky, with not 
 less than two solvent sureties or a guarantee company authorized to 
 do business in Kentucky, in a sum of not less 1 than ten thousand dol- 
 lars, to be approved by the board, conditioned that he will faithfully 
 perform all the duties' required of him by law as such treasurer, 
 which bond shall be filed with the secretary of the board. 
 
 480. Treasurer to Receive and Disburse Moneys Compensa- 
 tion It shall be the duty of the treasurer of the board to receive and 
 disburse all moneys under the control of the Board of Regents and 
 perform all such acts as pertain to his office, under the direction of 
 
SCHOOL LAWiS OF KENTUCKY. 157 
 
 the Board of Regents, and to make a report of the same to the board 
 at its quarterly meetings. In the month of August of each year, the 
 treasurer of said board shall also make and furnish to the Board of 
 Regents, to be by it transmitted to the State Superintendent of Pub 
 lie Instruction, an abstract of which shall contain full account of all 
 moneys 1 received and disbursed by the school during the preceding 
 year, stating from what source received and on what account paid out, 
 and the amount paid to each professor, teacher or other officer of the 
 school; and on or before the second Monday in January, one thou- 
 sand nine hundred and eight, and every two years thereafter, said 
 treasurer shall also report to the Board of Regents, to be by it trans- 
 mitted to the General Assembly, an itemized statement of all re- 
 ceipts and expenditures' for the two calendar years preceding, showing 
 minutely all disbursements of moneys received from the State or 
 other sources. The compensation of the treasurer shall be fixed by 
 the Board of Regents. 
 
 481. Duties of Secretary Compensation It shall be the duty 
 of the secretary of the boards to keep and preserve all records, books' 
 and papers belonging to the board. He shall keep a journal of the 
 proceedings of the board, in which, if requested by any member of 
 the Board of Regents, the ayes and noes on all questions shall be 
 entered. He shall prepare, under the direction of the board, all re- 
 ports, estimates and to execute all such matters as belong to his 
 office. His compensation shall be fixed by the board. 
 
 482 Provisions for Payment of Indebtedness The respective 
 Boards of Regents shall, at their regular meetings, provide for the 
 payment of any indebtedness of the school, and for that purpose they 
 shall set apart all moneys which may be derived from tuition or 
 other fees paid by students to the payment of: First, the incidental 
 expenses of such school; and, second, the payment of such indebt- 
 edness; and until such indebtedness shall be fully paid off, no part 
 of the fund derived from tuition or other incidental fees shall be 
 used for the payment of professors, teachers or other officers or em- 
 ployes of such school, nor shall the board, until such indebtedness be 
 fully paid, make any contract for the hire, employment or payment 
 of professors', teachers or other officials, or employes of such schools 
 that will be a greater sum of money for the annual payment thereof 
 than the amount of the appropriation by the State for the support of 
 said school for that year. 
 
 483. All appropriations made by the General Assembly for the 
 support of normal schools, or for the benefit thereof, and all grants, 
 gifts, bequests or donations by any individual or corporation for a 
 specified use shall be applied to such use or uses and no other. (Acts 
 of 1906.) 
 
 484. Gratuitous Instruction Pupils How Chosen Each county 
 in the State shall be the unit of appointment; and each county shall 
 be entitled annually to appointment to free tuition in the Normal 
 
158 SCHOOL TjAW,S OF KENTUCKY. 
 
 School of the district in which it is located, of one white pupil for 
 every five hundred, and fraction thereof over two hundred and fifty, 
 of white school children, based on the last official school census pre- 
 ceding the appointment. Said pupils so appointed shall be chosen as 
 follows: The Superintendent of Schools in each county shall receive 
 and register the names of all applicants for admission to said schools 
 and shall examine such applicants at such time and in such manner 
 as the Normal" Executive Council may direct, and the applicants 
 found to possess the highest qualifications', and who are of good char- 
 acter, shall be accepted as the pupils to which said county is entitled. 
 Said appointment shall be for the full term of the prescribed course 
 of study in the school; any vacancy in any county may be filled in 
 the same manner as provided for regular appointments. Should the 
 number of appointees in attendance during any term not reach the 
 number allowed for the county, said county may may during any 
 other term appoint alternates, so that the average for any whole 
 year from any county may equal the number to which it is entitled 
 under the provisions of this section. The Board of Regents shall 
 have power, in case any pupil so appointed shall refuse to sign and 
 file with the Secretary of said Board a declaration that he or she 
 will, if engagement can be secured by reasonable effort, teach in the 
 public schools of this State not fewer than two years upon an Ele- 
 mentary Certificate; not fewer than three years upon an Intermediate 
 or Advanced Certificate, to require such pupil to pay such fees and 
 tuitions as the Board may prescribe. (Section as amended by Acts of 
 1908.) 
 
 485. Model or Practice School /The Board of Regents of each 
 school may maintain in connection with the said normal schools, a 
 model and practice school, under the supervision of thoroughly train- 
 ed teachers, for the purpose of giving observation and practice work 
 to the student teachers. 
 
 486. Commission to Locate the Schools The Governor shall, 
 within thirty days after this act becomes a law, appoint a commission 
 composed of seven persons, one from each appellate district of the 
 State, who shall, within thirty days after their appointment, meet at 
 Frankfort, Kentucky, on a date fixed by the Governor, and organize 
 and arrange to receive from those localities in Kentucky desiring to 
 secure the location of said schools, proposals for donations of suit- 
 able sites and other valuable considerations, and shall, within ninety 
 days after their appointment, locate the said schools in said normal 
 school districts at the place making the most advantageous officers, 
 all things considered. All proposals for sites or locations for the 
 schools shall be in writing, and shall be entered at large on the 
 records of the cimmission, and the findings of the commission fixing 
 the locations shall be in writing and entered at large on the records 
 of the said commission: Provided, That no town or city shall be 
 selected for the location of said school which does not have facilities 
 
SCHOOL, LAWS OF KENTUCKY. 159 
 
 r * ' 
 
 for a good water supply and other conveniences necessary for the in- 
 stitution. 
 
 487. Appropriation In order to enable the Boards of Regents' 
 to carry into effect the provisions of this act, there is hereby appro- 
 priated the sum of ten thousand dollars ($10,000) to be divided equal- 
 ly between the two normal schools herein provided for, for the pur- 
 pose of equipping suitable buildings', improving grounds, etc., and 
 the sum of forty thousand dollars ($40,000) annually to be divided 
 equally between the two schools for the purpose of defraying the 
 salaries of teachers and other current expenses: Provided, 
 That the latter appropriation shall not become effective for any 
 school until the buildings have been equipped and the school regularly 
 opened. 
 
 488. Deeds to be Made to Commonwealth The money hereby 
 appropriated for equipment shall be available immediately for each 
 of said normal schools upon the delivery of a good 'general warranty 
 deed, conveying to the Commonwealth the property to be donated as 
 above provided and its acceptance by the locating commission. The 
 money appropriated under this act for equipment and maintenance of 
 the schools shall be disbursed as follows, viz: The chairman and sec- 
 retary of the Board of Regents sihall draw their warrants for the 
 equipment and maintenance of each school provided for under this 
 act on the Auditor of Public Accounts, payable to the treasurer of 
 each normal school, and upon receipt of said draft by the Auditor, he 
 shall -draw his warrant for the proper amount upon the Treasurer ol 
 /the State. The money authorized to be paid out of the State Treas- 
 ury under this act shall be paid out of the general funds not other- 
 wise appropriated. 
 
 489. Whereas, in order to open during the present year the nor- 
 mal schools provided for in this act, it is necessary that the same be- 
 come effective as soon as possible; and, whereas a public necessity 
 exists for the immediate establishment and opening of normal schools 
 in this State, in order to make its common school system more effec- 
 tive as required by the Constitution of Kentucky, an emergency is 
 therefore declared to exist, and this act shall take effect from and 
 after its passage and approval by the Governor. (Acts of 1906.) 
 
 490. May Purchase Lands Condemnation Proceedings May 
 Provide for Library May Sell Real Estate The Board of Regents of 
 each of said Normal Schools is vested with power to purchase -addi- 
 tional real estate when in its judgment the same is necessary for the 
 purposes of the school. If the Board of Regents be unable to agree 
 with the owner or owners of such real estate as to its value, or to 
 purchase the same, it may proceed in its own name, in any court hav- 
 ing jurisdiction, to condemn such real estate in the same manner as 
 provided by law in the condemnation of lands for railroad purposes. 
 Real estate acquired by purchase or condemnation shall be paid out 
 of moneys appropriated to said school. Bach Board of Regents may, 
 
160 SCHOOL 'LAWS OF KENTUCKY. 
 
 on such terms as it may regard best for the school, lease or donate a 
 lot of land for the purpose of securing the erection of a library 
 thereon; each Board may also erect or lease another for a term of 
 years any necessary buildings or grounds. Each Board of Regents 
 may, when it regards the same to be best for its school, sell and con- 
 vey any real estate or buildings now owned by it, but the proceeds 
 arising from such sale must be reinvested in other real estate and 
 buildings for the use of said school. 
 
 491. Students May Take Examination for County Certificate 
 That students, while attending a State Normal School may be exam- 
 ined for county teachers' certificate by the Board of Examiners of 
 the county in which such Normal School is located, and on the date 
 provided in the common school law for examination of teachers. If 
 such Normal students are of the age and character required by law 
 in the case of other candidates for county certificates, tht County Su- 
 perintendent of the county in which the Normal School they are at- 
 tending is located, shall admit them to examination and shall collect 
 from each the legal fee, together with fifty cents additional. At the 
 close of the examination the County Superintendent shall transmit by 
 registered mail, the examination papers of each student candidate, 
 together with the examination fee, to the County Superintendent of 
 the county from which said candidate desires his certificate issued. 
 The County Board of Examiners shall canvass the papers sent to them 
 as above provided, and shall issue county certificates upon them, upon 
 the same terms and conditions as in case of candidates appearing in 
 person for examination. 
 
 492. Appropriation for Buildings May Purchase Additional 
 Ground Architect May be Appointed Advertisement for Bids Bond 
 to be given by Successful Bidder Itemized Account to be Submitted 
 That the sum of one hundred and fifty thousand dollars, or so much 
 as may be necessary thereof, be, and the same is hereby, appropriated 
 for the benefit of the Eastern Kentucky State Normal School, Rich- 
 mond, Kentucky, for the erection and equipment of a suitable dormi- 
 tory for the accommodation of the male students; also for the erec- 
 tion and equipment of an addition to the dormitory for the accommo- 
 dation of the female students; also for the erection and equipment of 
 a model school building; also for the erection and equipment of a 
 practice school building; also for the erection and equipment of an 
 administration building; also for the erection and equipment of a cen- 
 tral heating plant, and for the necessary repair and equipment of the 
 present buildings of said institution. All of said buildings shall be 
 erected upon the grounds owned by said institution, or upon grounds 
 -that may be acquired by purchase by the board of regents of said in- 
 titution. If, in the judgment of the said board of regents, the pur- 
 chase of additional grounds may be necessary for the accommodation 
 of the new buildings herein contemplated or for the proper conducting 
 of said school, they may make such necessary purchase and pay for 
 the same out of the money hereby appropriated. Tine title to such 
 
SCHOOL LAWS OP KENTUCKY. 161 
 
 real estate shall be made to and held by the Commonwealth of Ken- 
 tucky for the use and benefit of said school. The said board of re- 
 gents is vested with a sound discretion as to the order of construc- 
 tion, and as to the location of the improvements herein set forth, 
 or in giving preference to such other improvements as will best pro- 
 mote the interest of the school, provided the total expenditure shall 
 not exceed the amount herein appropriated. The said board <">f re- 
 gents shall appoint a competent architect or architects to prepare, 
 under their direction, plans and specifications for the buildings afore- 
 said, and shall contract with responsible parties for the erection 
 and equipment of same. All contracts under this act for material 
 and labor, or for the erection of any and all buildings and improve- 
 ments and for the equipment for the same for the purpose men- 
 tioned in this act, shall be let to the lowest and best bidder, after 
 the same is duly advertised by notice for at least one month in a 
 weekly or semi-weekly newspaper published in the city of Rich- 
 mond, Kentucky, which, in the judgment of the said board of re- 
 gents, (has the largest circulation. The successful bidder or bid- 
 ders in each case shall enter bond to the Commonwealth of Ken- 
 tucky for the benefit of said normal school in a sum not less than 
 twenty-five per cent, of the contract price or sum for the com- 
 pletion of the work in the manner and within the time set out in 
 the contract or contracts. The manner and time shall be fully and 
 in detail set out in said contract. The money hereby appropriated 
 shall be paid to the treasurer of the said normal school from time 
 to time, as the improvements contemplated in this act may require 
 and it shall be the duty of the Auditor of Public Accounts to draw 
 his warrant or warrants upon the Treasurer of the State in favor of 
 the treasurer of said normal school for an amount or amounts as the 
 said treasurer of said normal school may, countersigned by the State 
 Superintendent of Public Instruction, certify to him from time to time 
 is necessary and needed in carrying out the provisions of this act: 
 Provided, however, That one-third of said appropriation shall be due 
 and payable on December 1, 1908, one-third thereof shall be due and 
 payable on July 1, 1909, and one-third thereof shall be due and pay- 
 able on July 1, 1910. The said board of regents shall submit to the 
 next regular session of the General Assembly an itemized account 
 and statement of the expenditures made for the purposes herein 
 named, which account and statement shall be properly certified and 
 audited; and if any of the funds hereby appropriated remain unex- 
 pended after the additions and improvements to said normal school 
 herein authorized have been made, the same shall be returned to the 
 State Treasurer by the said board of regents. 
 
 493. One Hundred and Fifty Thousand Dollars Appropriated to 
 Western Kentucky State Normal School Building May Be Erected 
 Additional Grounds May Be Purchased Architect Bond by the Suc- 
 cessful Bidder Account and Statement Must be Submitted to Gcn- 
 
 S. L. 6. 
 
162 SCHOOL LAWS OF KENTUCKY. 
 
 eral Assembly That the sum of one hundred and fifty thousand dol- 
 lars, or so much as may be necessary thereof be and the same is 
 hereby appropriated for the benefit of the Western Kentucky State 
 Normal School, Bowling Green, Kentucky, for the erection and 
 equipment of a suitable dormitory for the accommodation of male 
 students; also for the erection and equipment of suitable dormitory 
 for the accommodation of female students; also for the erection and 
 equipment of a suitable science hall; also for the erection and equip- 
 ment of buildings for additional classrooms; also for the erection and 
 equipment of a building for library and laboratories'; also for the nec- 
 essary repairs and equipment of the present building of said institution. 
 All of said buildings shall be erected upon the grounds owned by said 
 institution, or upon such grounds as may be acquired by purchase by 
 the board of regents of said institution. If, in the judgment of the 
 said board of regents, the purchase of additional grounds may be 
 necessary for the accommodation of the new buildings herein con- 
 templated or for the proper conducting of said school, they may make 
 such necessary purchase and pay for same out of the money herein 
 appropriated. The title to such real estate shall be made to, and 
 held by, the Commonwealth of Kentucky for the use and benefit of 
 said school. The said board of regents is vested with a sound discre- 
 tion as to the order of construction and as to the location of the im- 
 provements herein set forth, or in giving preference to such other 
 improvements as will best promote the best interest of the school, 
 provided that the total expenditure shall not exceed the amount here- 
 in appropriated. The said board of regents shall appoint a compe- 
 tent architect or architects to prepare, under their direction, plans 
 and specifications for the buildings aforesaid, and shall contract with 
 responsible parties for the erection and equipment of same. All con- 
 tracts under this act for material and labor, or for the erection of any 
 and all buildings and improvements and for the equipment for the 
 same for the purposes mentioned in this act, shall be let to the low- 
 est and best bidder after the same is duly advertised for ten consecu- 
 tive days in a daily paper published in Bowling Green, Kentucky, hav- 
 ing the largest circulation, or for four consecutive weeks in the 
 weekly paper published in said city, which, in the judgment of the 
 said board of regents, has the largest circulation. The successful 
 bidder or bidders in each case shall enter into bond with the Com- 
 monwealth for the benefit of said normal school in a sum not less 
 than twenty-five per cent, of the contract price or sum for the com- 
 pletion of the work in the manner and within the time set out in 
 the contract or contracts, and manner and time, shall be fully and 
 in detail set out in said contract. The money hereby appropriated 
 shall be paid to the treasurer of said normal school, from time to 
 time as the improvements contemplated in the act may require; and 
 it shall be the duty of the Auditor of Public Accounts to draw his 
 warrant or warrants upon the Treasurer of the State in favor of the 
 
SCHOOL LAWS OF KENTUCKY. 163 
 
 treasurer of said normal school for an amount or amounts as said 
 treasurer of said normal school may, countersigned by the State 
 Superintendent of Public Instruction, certify to him from time to time 
 is necessary and needed in carrying out the provisions of this act: 
 Provided, however, That one-third of said appropriation shall be due 
 and payable on December 1, 1908, one-third thereof shall be due and 
 payable on July 1, 1909, and one-third thereof shall be due tnd pay- 
 able on July 1, 1910. The said board of regents shall submit to the 
 next regular session of the General Assembly an itemized account 
 and statement of the expenditures made for the purpose herein 
 named, which account and statement shall be properly certified and 
 audited, and if any of the funds hereby appropriated remain unex- 
 pended after additions and improvements to said normal school 
 herein authorized have been made, the same shall be returned to the 
 State Treasurer by the said board of regents. 
 
 494. Twenty Thousand Dollars Annually Appropriated to The 
 Eastern Kentucky State Normal School Thirty Thousand Dollars 
 Appropriated Annually to the Western State Normal School That in 
 order to provide additional income to meet the additional annual ex- 
 penditures of each of said institutions respectively. That the addi- 
 tional sum of twenty thousand dollars is hereby appropriated for the 
 current fiscal year and for each succeeding year for the benefit of the 
 'Eastern Kentucky State Normal School, and the same is directed 
 to be paid by the Treasurer of the State to the treasurer of the said 
 Eastern Kentucky State Normal School upon warrant or warrants 
 issued by the Auditor of Public Accounts, who is hereby directed to 
 draw and issue said warrants for the purpose aforesaid. That the 
 additional sum of thirty thousand dollars is hereby appropriated for 
 the current fiscal year and for each succeeding year for the benefit 
 of the Western Kentucky State Normal School, and the same is here- 
 by directed to be paid annually by the Treasurer of the State to the 
 treasurer of the said Western Normal School upon warrant or war- 
 rants issued by the Auditor of Public Accounts who is hereby direct- 
 ed to draw and issue said warrants for the purpose aforesaid. 
 
 Act of 1912. 
 
 495. Appropriation of $35,000 for Eastern Normal School The 
 additional sum of thirty-five thousand dollars is hereby appropriated 
 for the current official year, and for each succeeding year for the 
 benefit of the Eastern Kentucky State Normal School, a necessary 
 part of which appropriations shall be used to meet as far as pos- 
 sible, the pressing demands for agricultural instruction, for instruc- 
 tion in household economics and for manual training in the respec- 
 tive departments of said institution, and the same is directed to be 
 
164 SCHOOL LAWS OF KENTUCKY. 
 
 paid by the treasurer of the State to the treasurer of the said Ken- 
 tucky State Normal School, upon warrant or warrants issued by the 
 Auditor of Public Accounts, who is hereby directed to draw and issue 
 said warrant for the purpose aforesaid. 
 
 496. Appropriation of $25,000 for Western 'Normal School. 
 That the additional sum of twenty-five thousand dollars 1 is hereby ap- 
 propriated for the current fiscal year and for each succeeding year 
 for the benefit of the Western Kentucky State Normal School, a nec- 
 essary part of which appropriations can be used to meet as far as 
 possible the pressing demands for agricultural instruction, for in- 
 structions in household economics and for manual training in the 
 respective 'departments of said institution, and the same is directed 
 to be paid by the treasurer of the State to the treasurer of the said 
 Western Kentucky State Normal School, upon warrant or warrants 
 issued by the Auditor of Public Accounts, who is hereby directed to 
 draw and issue said warrants for the purpose aforesaid. 
 
 497. Obligations Not to be Contracted Penalties That it shall 
 be illegal for any officer, trustee or any person in any way connected 
 with the Eastern Kentucky State Normal School, the Western Ken- 
 tucky State Normal School or the State University of Lexington, 
 Kentucky, to contract any obligation for or on behalf of said institu- 
 tion, when there is no money, or sufficient money, in their respective 
 treasuries or has been no money appropriated for the purpose for 
 which said contract or obligation was made, and, that any of the said 
 persons who fail to comply with this law, shall be fined in each 
 case, not less than two hundred dollars, nor more than two thousand 
 dollars, or confined not less than ten days in jail nor more than six 
 months, or both so fined and impris'oned. 
 
 498. Statement of Facts Whereas, there was conveyed to the 
 Commonwealth of Kentucky for the use of the Western Kentucky 
 State Normal School, of Bowling Green, Kentucky, a tract of land by 
 B. F. Cabell and wife, another by E. R. Bagby and wife, another by 
 James D. Hines and wife, another from Pleasant J. Potter College, 
 another from Martha J. Lewis, another from George Wallace Loving, 
 et al., another from Lon D. Hanes and wife, another from J. L. Kol- 
 lorohs and wife, another from I. D. McGoodwin and wife, another 
 from M. H. Crump and wife, another from Carry B. Mitchell, another 
 from B. F. Proctor and wife, another from Daniel McElwain and wife, 
 by deeds all of which are now of record in the clerk's 1 office of the 
 County Court of Warren County, Kentucky; and whereas, said lands 
 have been improved and valuable buildings have been erected on 
 said lands for the use of said school, and whereas, the cost of said 
 buildings and the improvements exceeded the funds in the hands of 
 the Board of Regents of said school, and whereas, the Commonwealth 
 of Kentucky has not sufficient money in the treasury to meet said 
 deficit at the present time, and whereas, said debt is due laborers 
 and materialmen who are not able to wait for payment of same. 
 
SCHOOL LAWS OF KENTUCKY. 16,5 
 
 499. Power to Sell Property That the title to all of said real 
 estate, all of which is situated in Warren County, Kentucky, be and 
 the same is transferred to and vested in the corporation known as 
 "The Board of Regents for Normal School District No. 2;" and that 
 said Board of Regents be and it is hereby empowered to sell and con- 
 vey such part or parts of the said real estate now owned as in its 
 judgment is not necessary to the welfare of said school. Provided, 
 that no conveniences being provided for shall become effective until 
 approved by the Board of Sinking Fund Commissioners, which ap- 
 proval shall be endorsed upon said conveyance, and provided further, 
 that all funds realized from any sale authorized herein shall be ap- 
 plied to the payment of the indebtedness as exists against said West- 
 ern Normal School. 
 
 500. Money May be Borrowed And it is also authorized and 
 empowered to borrow a sum of money sufficient to meet and pay said 
 deficit or debt arising by reason of the erection of said buildings and 
 improvements and otherwise, and to execute its notes or bonds for 
 the amount or amounts so borrowed and to secure the payment of 
 such notes or bonds, said board is hereby authorized and empowered 
 to execute a mortgage upon any or all of said real estate; and is fur- 
 ther authorized and empowered to borrow said money upon such 
 time or terms as it may deem best for said school, but the rate of 
 interest paid upon any such loans shall not exceed six per cent per 
 annum, which interest shall be paid as the same falls due by the 
 Commonwealth of Kentucky. 
 
 501. Interest Paid by State Auditor The chairman and secre- 
 tary of said Board of Regents shall draw their warrants for said in- 
 terest installments as they fall due on the Auditor of Public Accounts, 
 payable to the treasurer of said school, and upon receipt of said 
 draft by the Auditor, he shall draw his warrant for the proper 
 amount upon the treasurer of the State. The money authorized to 
 be paid out of the State Treasury by this act shall be paid out of the 
 general funds not otherwise appropriated. 
 
 502. Emergency Clause Inasmuch as the above mentioned 
 deficit or debt is chiefly due to laborers and materialmen who have 
 furnished labor and materials in the improvement of the property of 
 the State of Kentucky, and as their claims are long since past due, 
 therefore, an emergency is declared to exist and this act shall take 
 effect and be in force from and after its passage and approval by the 
 Governor. 
 
166 SCHOOL LAWS OF KENTUCKY. 
 
 CHAPTER XXV. 
 KENTUCKY NORMAL AND INDUSTRIAL INSTITUTE. 
 
 503. Board of Trustees Term of Office Three Years from July 
 1st. Treasurer Elected Biennially The State Normal School for 
 Colored Persons, established by an act of the General Asembly, ap- 
 proved May eighteenth, one thousand eight hundred and eighty-six, 
 shall hereafter be under the control and supervision of a board of 
 trustees, composed of the Superintendent of Public Instruction, who 
 shall be ex-offlcio chairman of the board, and three intelligent and 
 discreet persons, residents of Franklin county, to be appointed by the 
 Governor subject to the approval of the Senate, who are hereby con- 
 stituted a body-corporate, with power to sue and be sued, plead and 
 be impleaded, and to hold in trust all funds and property now own- 
 ed by said school, or which may hereafter be provided for it, and 
 shall be known and designated as "The Board of Trustees of the 
 Kentucky State Normal School for Colored Persons." The term of 
 office of the three members appointed by the Governor shall begin 
 on the first day of July, one thousand eight hundred and ninety-three, 
 and one member thereof shall retire, as may be determined by lot, at 
 the end of one year thereafter, one in two years, and the other in 
 three years; their successor shall be appointed by the Governor for a 
 term of three years; they shall be subject to removal by the Gover- 
 nor for cause, and he is authorized to fill all vacancies occurring by 
 death, resignation or otherwise. Said board shall adopt such rules 
 for the government of said school, not inconsistent with law, as they 
 deem proper, and shall supervise all its interests, provide for all its 
 wants, confer weekly with the faculty, and require formal reports of 
 the actual condition of the school in every regard. They shall bien- 
 nially, beginning on the first day of July, 1893, elect some suitable 
 person outside of their own number as treasurer, who, before enter- 
 ing on his duty shall give bond in such a sum as they may prescribe, 
 and they shall agree with him as to compensation: Provided, That in 
 no case shall such compensation exceed one hundred dollars per 
 annum. 
 
 504. Congress Act, July 2, 1862 There shall be maintained in 
 said institution a department for the education of colored students 
 in agriculture and the mechanic arts, and for said purposes said board 
 shall be entitled to receive an equitable division of the moneys aris- 
 ing from the sale of public lands, and appropriated to the State of 
 Kentucky by an act of Congress, approved August 30, 1890, entitled 
 "An act to a'pply a portion of the proceeds of public lands to the more 
 complete endowment and support of the college for the benefit of 
 
SCHOOL LAWS OP KENTUCKY. 167 
 
 agriculture and the mechanic arts, established under the provisions of 
 an act of Congress," approved July 2, 1862. 
 
 505. Course of Study, &c. Said board shall prescribe the 
 course of study for the said normal school; shall select the instruc- 
 tors and fix their salaries, and shall determine the conditions, sub- 
 ject to the limitations hereinafter specified, on which pupils shall be 
 admitted to the privileges of the school. 
 
 506. Admission of Pupils Any pupil to gain admission to the 
 privileges of instruction in said normal school, shall be at least six- 
 teen years of age, possess good health, satisfactory evidence of good 
 moral character, and sign a written pledge, to be filed with the prin- 
 cipal, that said applicant will, as far as practicable, teach in the 
 colored common schools of Kentucky a period equal to twice the time 
 spent as a pupil in said normal school, together with such other con- 
 ditions as the board may, from time to time, impose. But no such 
 pledge shall be required of pupils who matriculate in the depart- 
 ments' of agriculture or mechanics. 
 
 507. Tuition Tuition in said normal school shall be free to all 
 colored residents of Kentucky who fulfill the conditions as set forth 
 in the preceding section, and such other conditions as the board may 
 require. The board shall fix the rate of tuition and the conditions 
 on which pupils, who are residents of Kentucky, may be admitted 
 to the privileges of said normal school. 
 
 508. Christian Morals No religious tenets shall be taught in 
 said normal school, but a high standard of Christian morality shall 
 be observed in its management and, so far as practicable, shall be 
 inculcated in the minds of the pupils. 
 
 509. Biennial Report Annual Report The board shall, in a 
 body or by a majority of their number, visit .said normal school once 
 during each session, witness the exercises', and otherwise inspect tha 
 condition of said school, and they shall make a biennial report to 
 the Legislature, setting forth the financial and scholastic condition 
 of said normal school, making such suggestions as in their opinion 
 would improve the same, and in the years' in which there is no ses- 
 sion of the Legislature, they shall make their report to the Gover- 
 nor. 
 
 510. Appropriation $3,000 The sum of $3,000 shall be annually 
 appropriated out of the State treasury to pay the teachers and de- 
 fray other necessary expenses in the maintenance of said normal 
 school, which amount, together with the sum received under the pro- 
 visions of said act of Congress, shall be set apart and be known and 
 held as the colored normal school fund. This fund shall be paid 
 out of the State Treasury only on the warrant of the Auditor, drawn 
 on the order of the board. 
 
 511. Certificates of ProficiencyThe board is authorized to 
 grant, from time to time, certificates of proficiency to such pupils as 
 shall have completed the prescribed course of study in any depart- 
 
168 SCHOOL LAWS OF KENTUCKY. 
 
 ment of the institution, and whose moral character and disciplinary 
 relations to said school shall be satisfactory. And such teachers as 
 shall have completed the prescribed course of study in the normal de- 
 partment, and exhibited satisfactory evidence of ability to instruct 
 and manage a school, shall be entitled to diplomas appropriate to such 
 degrees as the board shall confer upon them, which diplomas shall 
 entitle them to teach in any of the colored common schools of this 
 State. (Approved May 22, 1893.) 
 
 512. Change Title The name of the State Normal School for 
 Colored Persons is hereby changed to that of "The Kentucky Normal 
 and Industrial Institute for Colored Persons," and its board of trus- 
 tees shall be known as "The Board of Trustees of the Kentucky Nor- 
 mal and Industrial Institute for Colored Persons." 
 
 513. President The presiding officer of the institute, who shall 
 be selected by the board of trustees shall be styled the "President of 
 the Institute," and shall be the chief administrative officer of the 
 institution under the control of the board of trustee, and be ex-officio 
 a member of the board of trustees, and hold his office indefinitely, 
 at the will of the said board, but the superintendent shall have no 
 vote in his own election or retention in office. 
 
 514. $15,000 Appropriated for Dormitory The sum of fifteen 
 thousand dollars is hereby appropriated for the purpose of building 
 a dormitory for the use of the female pupils of the State Normal 
 School for Colored Persons, to be paid by the Auditor of Public 
 Accounts out of any money in the treasury not otherwise appropriated 
 on the written order of the chairman of the board of trustees, as the 
 work progresses. 
 
 515. $5,000 Appropriated for Support The further sum of five 
 thousand dollars annually is hereby appropriated for the support and 
 conduct of said institution, to be paid by the Auuditor of Public Ac- 
 counts out of any money in the treasury not otherwise appropriated, 
 on the written order of the chairman of the board of trustees at the 
 same time the other annual appropriation is paid. (Acts 1902.) 
 
 516. The sum of twenty thousand dollars' be appropriated for 
 the Kentucky Normal and Industrial Institute for Colored Persons 
 from any funds in the Treasury not otherwise appropriated, for the 
 accomplishment of the aforementioned purposes, to-wit: The comple- 
 tion of a girls' dormitory with satisfactory and economical plan of 
 heating and lighting; the providing of water for ordinary use and for 
 fire protection; the providing for industrial training to the end that 
 the colored youth of the Commonwealth may be trained into indus- 
 trious habits and useful trades 1 , as the trustees of the institution may, 
 in their wisdom, decide best and most practical. (Approved March 
 20, 1906.) 
 
 517. $40,000 Appropriated for Building, &c. The sum of forty 
 thousand dollars, or as much as may be necessary thereof, be, and 
 
SCHOOL LAWiS OF KENTUCKY. 169 
 
 the same is hereby, appropriated for the benefit of the Kentucky 
 Normal and Industrial Institute for Colored Persons, Frankfort, Ken- 
 tucky, for the purpose of paying the outstanding indebtedness here- 
 tofore incurred in the purchase of agricultural lands; also for the 
 erection and equipment of an auditorium and practice school; also 
 for the erection and equipment of a mechanical shop; also for the 
 erection and equipment of electric light and heating plants, and for 
 the further extension of the water system of said institution. 
 
 518. Additional Grounds May Be Purchased If, in the judg- 
 ment of the said board of trustees the purchase of additional grounds 
 may be necessary for the accommodation of the new buildings herein 
 contemplated, or for the proper conducting of said institution, they 
 may make necessary purchase and pay for the same out of the 
 money herein appropriated. (Approved March 18, 1908.) 
 
 519. Appropriation for Buildings $6,800. Annual Appropriation 
 $3,000 That there is hereby appropriated out of the general revenue 
 of the State for the benefit of the Kentucky Normal and Industrial 
 Institute for Colored Persons at Frankfort, Kentucky, the following 
 named sums for the specific purposes named and set out herein, as 
 follows: For the purpose of heating the administration building and 
 purchasing appropriate apparatus for same, the sum of Four Thou- 
 sand Dollars ($4,000.00) is hereby appropriated. For the purpose of 
 seating the auditorium in the administration building, the sum of 
 Sixteen Hundred Dollars ($1,600.00) is hereby appropriated. For the 
 purpose of furnishing the President's offices, the sum of Two Hun- 
 dred Dollars ($200.00) is hereby appropriated. For the purpose of 
 furnishing and equipping the sewing department, the sum of One Hun- 
 dred Dollars ($100.00) is hereby appropriated. For the purpose of 
 furnishing and equipping the cooking department, the sum of One 
 Hundred and Fifty Dollars ($150.00) is hereby appropriated. For the 
 purpose of furnishing and equipping one room for the model school, 
 the sum of Fifty Dollars ($50.00) is hereby appropriated. For the 
 purpose of equipping the printing department, the sum of Two Hun- 
 dred Dollars ($200.00) is hereby appropriated. For the purpose of 
 equipping the mechanical department, the sum of Two Hundred Dol- 
 lars ($200.00) is hereby appropriated. For the purpose of equipping 
 the agricultural department, the sum of Two Hundred Dollars ($200.- 
 00) is hereby appropriated. For the purpose of equipping the li- 
 brary, the sum of One Hundred Dollars ($100.00) is hereby appro- 
 priated. WHEREAS, There are now valuable buildings, equipment 
 and other property without any maintenance fund for the care, 
 growth and development of the institution, the sum of Three Thou- 
 sand Dollars ($3,000.00) is hereby annually appropriated for this 
 purpose. (Acts of 1910.) 
 
170 SOBOOL LAWS OF KENTUCKY. 
 
 Act of 1912. 
 
 520. Appropriation of $17,500 for Kentucky Normal and Indus- 
 trial Institute That the sum of seventeen thousand and five hundred 
 dollars ($17,500.00) be appropriated to The Kentucky Normal and In- 
 dustrial Institute for Colored Persons from any funds in the State 
 Treasury not otherwise appropriated for the purpose of settling an 
 indebtedness of five thousand dollars ($5,000.00) a central heating 
 plant, eight thousand dollars ($8,000.00); a laundry, twenty-five hun- 
 dred dollars ($2500.00). 
 
 521. Annual Appropriation of $2,000 That the sum of two thou- 
 sand dollars ($2,000.00) annually be appropriated for the equipment 
 and maintenance of the training of students in such useful trades as 
 the Board of Trustees' in its wisdom may direct. 
 
 CHAPTER XXVI. 
 RULINGS OF THE DEPARTMENT. 
 
 When a graded common school district is established it becomes 
 a permanent corporation. The petition to the county judge asking 
 for the order of election can not limit the time the proposed graded 
 school district is to exist. The organization of a graded school dis- 
 trict, authorizing the trustees to levy a tax not exceeding the sum 
 named in the petition, does not make the levying of the tax obliga- 
 tory on the board; it merely clothes them with the power to levy 
 each year. They may reduce the amount of the levy any year, or 
 may remit it entirely for any year. 
 
 The failure of a teacher to attend the county institute does not 
 forfeit the certificate, but merely renders it forfeitable in case no 
 legal excuse is given. Before a certificate is revoked for a failure 
 to attend the institute the teacher should be given notice to appear 
 and show cause, if he can, why the certificate should not be revoked. 
 
 An applicant for a certificate must be not less than eighteen years 
 of age at the time he takes the examination. 
 
 The examinations for common school graduation provided for 
 under Section 7, School Law, must be held on prescribed days in 
 January and May not on other days, nor in other months. The 
 questions must be prepared for these special days by the State Board 
 of Examiners not by superintendents or teachers, nor can the 
 questions be given out on other dates. The examination must be 
 conducted by the County Board of Examiners and cannot, therefore, 
 be conducted at various places by various persons. My opinion is 
 that these examinations are to be held under the same general re- 
 strictions as the examinations of teachers. 
 
 State Diplomas and other certificates of qualification to teach are 
 to be granted upon, a personal examination only, and on the days 
 specified In the law, Jfg special examination will be authorized, 
 
SCHOOL LAWS OF KENTUCKY. 171 
 
 Certificates must be renewed while they are in force not after 
 they expire. 
 
 There is no provision in the law for a "supplementary check" to 
 cover errors in the census. 
 
 A teacher is paid for Institute week only in case the teacher is 
 in actual attendance during the entire session and the Institute is 
 held during the session of his school not otherwise. 
 
 All matters of difference and doubt touching the administrative 
 duties of officers and teachers of the District and Graded Common 
 Schools of a county are to be decided by the County Superintendent. 
 The County Superintendent is urged to meet disputed questions 
 squarely and to decide them promptly and in conformity to law. Such 
 decisions must be in writing, and copies of them should be kept on 
 file. Appeals can then be taken to this office if desired, but not until 
 the County Superintendent has rendered an opinion as noted. 
 
 OPINIONS OF THE ATTORNEY GENERAL. 
 
 Certificates When to Renew Certificates must be renewed while 
 they are in force and not after they expire. A document that is dead 
 can not be brought to life. A certificate that expires May 24, 1908, 
 can not be renewed by the County Superintendent on May 25, 1908, 
 and the same is applicable to State certificates' when renewed by the 
 Superintendent of Public Instruction. A first class certificate is 
 good for four calendar years. If the Legislature had intended school 
 years they would have used the term, and in the absence of some 
 qualifying word, the word "year" as used in the Statutes means 365 
 days. 
 
 County Examiner The office of teacher is not incompatible with 
 the office of County Examiner. A teacher can be a member of the 
 County Board of Examiners if she holds a first class county certificate 
 or State certificate, or State diploma, or is a college graduate. 
 
 Denominational Schools not Combined with Public Schools Under 
 Sections 5 and 189 of the Constitution, followed by Section 4368, 
 Kentucky Statutes, it is our opinion that no consideration of any 
 common school with any sectarian school can ever be accomplished, 
 and that no State fund must go out to the aid of any such school, and 
 that no connection or combination, be it called Common School, High 
 School, Graded School, College or University, can be had blending 
 with any denominational school. The American idea has always been 
 a complete separation of Church and State, in order that we might 
 have the constitutional guaranty of freedom of conscience in the wor- 
 ship of God. 
 
 Corporal Punishment There is no law in this State prohibiting 
 corporal punishment of pupils in the public schools. Of course, an 
 unreasonable infliction of punishment upon a child is never per- 
 mitted and the inflictor would be both civilly and criminally liable. 
 
172 SCHOOL LAWiS OF KENTUCKY. 
 
 County Superintendent's Salary Extra Pay as a Member of the 
 Board The County Superintendent does not receive a salary of three 
 dollars per day when acting as chairman of the County Board of Edu- 
 cation. He is a member by virtue of his office. The other members 
 are entitled to their per diem. 
 
 Sheriff's Fees For Collecting County School Tax Sheriff's fees for 
 collecting the county school tax must be paid out of the county 
 revenue, and not from the revenue for school purposes. Every dollar 
 that is collected for county school purposes must go to the treasurer 
 of the County Board of Education. 
 
 Institutes When To Be Held It is our opinion that no County 
 Teachers' Institute can be held legally during the month of June, 
 
 1909, for the school year beginning July 1, 1909, and ending June 30, 
 
 1910. The institutes must be held between the first day of July and 
 the first day of November, as required by the statute. 
 
 Graded School Trustees Vacancies How Filled Where a 
 vacancy occurs by the removal or resignation of a graded school 
 trustee, same is to be filled by election of the remaining members 
 of the board. A County Superintendent has no authority to remove a 
 graded school trustee, and if guilty of misfeasance or malfeasance in 
 office, he may be removed by way of indictment and prosecution. 
 
 Incompatible Offices No person who is a trustee of a common, 
 graded common, or city school can hold at the same time any office 
 of trust or profit of the Federal, State, county or municipal govern- 
 ment, nor a deputy of any such office. These offices are incompat- 
 ible with the position of school trustee of the schools named. 
 
 Railroad and Bridge Taxes To Whom Paid Fees For Collec- 
 tion Taxes against any railroad or bridge company levied in any 
 common school district are to be paid to the sheriff of the county, 
 who shall receive the ordinary collecting statutory fees for collect- 
 ing same, and when collected must be by him paid over to the County 
 Superintendent under the provisions of Sections 4100, 4101 and 4129, 
 Kentucky Statutes. 
 
 County Board of Education Power to Borrow Money Under Sub- 
 sections 11 and 12 of Section 4426a, Kentucky Statutes, County 
 Boards of Education have the implied authority to borrow money or 
 contract other indebtedness for school purposes, nor to exceed the 
 anticipated revenue for school purposes for the current fiscal year. 
 
 Vaccination The power to carry out enforced vaccination of 
 school children is derived from what we call the police power of the 
 State, which power is lodged in the Legislature, and this body has 
 the power to pass any law concerning the regulation of its police 
 matters as long as they are within reason. County Boards of Health 
 are given power under certain acts of the Legislature to control vac- 
 cination of any and all persons, to keep down the spread of infectious 
 diseases. If vaccination of school children is necessary, the County 
 
SCHOOL, LAWS OF KENTUCKY. 173 
 
 Board of Health has power to enforce this regulation. Nothing can 
 stand in the way of its' reasonable enforcement. 
 
 Teachers Date of Election Legal Where teachers are selected 
 by the Division Boards on the last Saturday in June, and a vacancy 
 thereafter occurs by the teacher resigning, or from other cause, the 
 Division Board may be convened at any time by the call of the chair- 
 man to fill the vacancy thus caused, but where a failure to elect a 
 teacher on the last Saturday in June occurs, the last Saturday in 
 July following is as early as an election can be held for a teacher for 
 that place. It is not a vacancy, but a failure to elect. 
 
 Bond Issue in Graded School DistrictWhen Vote May Be Taken 
 It is the opinion of this Department, after a careful review of 
 Article 10 of Chapter 113, Kentucky Statutes, that the Board of Trus- 
 tees of a graded common school district may within a period of less 
 than two years hold more than one election upon the proposition for 
 the issuing of bonds of the district for the purpose of providing funds 
 for purchasing suitable grounds and buildings, or for erecting or re- 
 pairing suitable buildings, and for other expenses needful in conduct- 
 ing a graded common school district. 
 
 Superintendent of Public Instruction Power to Withhold School 
 Fund for Non-compliance of Law I am of the opinion that where it 
 is made the duty of the county, city, district, Board of Education, 
 Board of Trustees or any school officer, high or low, or teacher in 
 any school, to do or not to do certain things, by any valid act of the 
 Legislature pertaining to the common school system, and a refusal 
 or non-compliance of that law is had upon the part of any of these 
 parties, the Superintendent of Public Instruction has the power, and 
 should, withhold any portion of the public school fund that may be 
 due the said party, until a compliance of the law is had. 
 
 County High School Establishment of With Graded School 
 Under authority of Sub-section 8 of Section 4426a, Kentucky Statutes, 
 the County Board of Education in each county has the authority to 
 contract with the Board of Trustees of any graded common school 
 in the county for the purpose of placing therewith the County High 
 School or County High School pupils, if such graded school meets 
 the requirements of the State Board of Education as a high school. 
 
 Removal of Teacher Low Attendance at School Section 4447, 
 Kentucky Statutes, provides that a teacher may be dismissed if the 
 percentage of attendance in the district falls below twenty-five per 
 cent, of the total number of pupil children therein. It is the opinion 
 of this Department that any attempt upon the part of patrons of a 
 subdistrict to withhold pupils from attending the session of school 
 in the district, for the purpose of lowering the percentage of at- 
 tendance so as to dismiss the teacher, is in manifest violation of 
 the statute, and the non-attendance of pupils is not a sufficient cause 
 to authorize the dismissal of the teacher, The meaning of the 
 
174 SCHOOL LAWiS OF KENTUCKY. 
 
 statute is to give the teacher a fair and square chance to do her 
 duty. If she fails in doing it, and the attendance decreases on this 
 account, she should be dismissed. 
 
 Teachers Must Hojd Certificate of Qualification No part of the 
 State school fund can be paid to any teacher for any service ren- 
 dered as a common school teacher in the public schools of this State, 
 unless he possesses a certificate of qualification, properly issued by 
 the County Board of Examiners, local Boards of Education, or other 
 authority authorized by law to grant certificates of qualification. Nor 
 can such person be employed by any Division Board, or other school 
 authority with power to contract, as a public school teacher, and no 
 contract can be entered into with any person unless she holds a 
 certificate of qualification at the time of the making of the contract. 
 
 Graded School Petition to be Approved by County Board This 
 department is in receipt of your inquiry desiring to know whether the 
 petition for the establishment of a graded common school, under the 
 provisions' of Article 10, Chapter 113 of Kentucky Statutes, should be 
 approved by the County Board of 'Education or the Division Board 
 of Education. It is the opinion of this department that the petition 
 should be approved in writing and signed by the County Board of 
 Education in its proper name, together with the approval, in writing, 
 of the County Superintendent of Schools, before it should be pre- 
 sented to the County Judge for action, and that the County Board of 
 Education now performs all duties required to be performed in the 
 establishment of a graded school district by the trustees of any com- 
 mon school district, under the old law. 
 
 Chairman and Secretary of Division Board Chosen for One Year 
 We beg to advise you that under the provisions of Sub-section four 
 of Section 4426a, Kentucky Statutes, the Chairman and Secretary of 
 the Division Board are to be chosen for one year. The Board is re- 
 organized each year within thirty days after the election of new 
 trustees. 
 
 Power of Sub-district Trustee It is his duty to personally super- 
 vise a school in his district and to report the needs thereof to the 
 Division Board of his educational division at its regular meeting. 
 The sub-district trustee appears to have no authority in regard to 
 any regulations of the school in his sub-district further than to re- 
 port its needs to the Division Board. The only thing that he can 
 do or that he has authority to do under sub-section 5, which embod- 
 ies his whole duty, is to take the school census. He has no right to 
 dismiss a school and then allow the teacher to count the time as 
 taught on account of a contagious disease or on account of any other 
 fact. Neither does he have the right to fix a day when the school 
 shall begin. 
 
SCHOOL LAWS OF KENTUCKY. 175 
 
 OPINIONS OF COURT OF APPEALS. 
 
 An act making the regulations as 1 to what children should go on 
 the pupil list in cities of the first class different from that provided 
 by the common law is in violation of the constitution. 
 
 The salary of a county superintendent is not subject to the pay- 
 ment of a judgment against him. 
 
 Members of the county board of examiners are removable at the 
 discretion of the county superintendent without assigning any cause. 
 
 A county superintendent has no right to interfere with the elec- 
 tion of a teacher. 
 
 A county assessor has no power to assess railroad property for 
 taxation for school purposes. 
 
 A verbal resignation of a school trustee is illegal. 
 
 A board of education of a city elected by secret ballot was a mere 
 irregularity and does not invalidate the election. 
 
 A county superintendent has no authority to try charges against 
 trustees of graded common schools. 
 
 The entire management of graded common schools is left with 
 the five trustees. 
 
 The board of education of a city of the second class has no author- 
 ity to petition county court to submit question as to issuing bonds 
 for s'chool purposes and levying a tax. 
 
 The levy of taxes in second class cities for school purposes should 
 be only for fiscal year ending December 31. 
 
 The vote for a tax for a graded school district should be can- 
 vassed by the election commissioners and not by the county judge, 
 clerk and sheriff. 
 
 Persons' in charge of public schools have authority to control and 
 expel pupils, and the courts will not interfere with their authority 
 unless the power is exercised arbitrarily or maliciously. 
 
 Lands lying within boundary of graded school districts are liable 
 for taxation, although the owner resides outside of the district. Such 
 land is not liable for taxation in common school district where 
 owner resides 1 . 
 
 A tax levied for school purposes can not be diverted for the pur- 
 pose of establishing a public library, and is unconstitutional. (24 R., 
 98.) 
 
 An order for holding an election to establish a graded school dis- 
 trict is valid, although it contains a clerical misprision, the certifi- 
 cates of commissioners who counted the vote is sufficient and the 
 regularity of such election is presumed, (34 R,, 164.) 
 
176 SCHOOL LAWiS OF KE1NTUCKY. 
 
 A mandamus lies to compel board of commissioners to issue a 
 certificate to a teacher, but does not lie to fix average of teacher 
 (24 R., 835.) 
 
 Taxes raised under special act for benefit of a district school for 
 whites must be distributed pro rata between white and colored 
 schools under general law. (24 R., 1421.) 
 
 It is proper to hold an election for organizing a graded common 
 school on a day other than a regular election day, and such election 
 shall be held viva voce. 
 
 A payment of three per cent, of school fund of cities of second 
 class for the benefit of a public library is unconstitutional. (25 R., 
 341.) 
 
 Under the provisions of section 4409 of the Kentucky Statutes, 
 requiring a county school superintendent to make a settlement of his 
 accounts as such officer with the county judge annually on or before 
 the first day of August, such an officer, who disregards the statute 
 and refuses to make a settlement until after that date, for the rea- 
 son as alleged, that he has lost two receipts for money paid out, and 
 is waiting to obtain duplicates', is guilty of wilfully failing to settle 
 and is liable to a penalty imposed by that statute. (25 R., 669.) 
 
 A child whose parents reside outside of a city and who lives in 
 the city with a relative, is not entitled to attend the public school 
 without the payment of tuition, where her residence with her rela- 
 tive is merely voluntary and in no way binding either on her or her 
 relative. (25 R., 723.) 
 
 An election held for the establishment of a graded school district 
 is void, if the petition for some of the voters fails' to fix the location 
 of the school house, (25 R., 307.) 
 
 A teacher in a common school can not be required to teach special 
 studies not provided for by the State Board of Education without 
 additional compensation, unless so provided for in her contract to 
 teach said 'school. (27 R., 967.) 
 
 The petition authorized to be filed by section 4464, Kentucky 
 Statutes, asking that an election be held to change a common school 
 district into a graded school district, shall be filed in the county 
 court in term time, and the order for an election be made at a sub- 
 sequent term. (27 R., 1308.) 
 
 An incorporated school district may bring an action for delin- 
 quent taxes. (27 R., 160.) 
 
 A tax collected by a city for school district which it forms must 
 be appropriated to school purposes alone. (27 R., 697.) 
 
 In an action to enforce the collection of a school tax every act re- 
 quired by law to be done must be specifically pleaded. (27 R., 991.) 
 
 Where the trustees of a graded common school district have, by 
 mistake, made a levy upon property not in the district and collected 
 the tax, they may make a levy as in other cases provided for by 
 
SCHOOL LAWiS OF KENTUCKY. 17? 
 
 statute for the purpose of raising money to return the tax so col- 
 lected by mistake. (28 R., 162.) 
 
 The city of Latonia having become a fourth class city, and the 
 City Council having adopted an ordinance establishing a system of 
 public schools for the city, it was the duty of the trustees of the 
 graded school district to surrender the school property to the Board 
 of Education of said city. (29 R., 391.) 
 
 A teacher did not sign the contract as teacher, but it was held 
 valid because her name was signed to it by her authority; she was 
 only a day or so late in reaching the school, which delay was due 
 to floods. The meeting of the trustees at the time of her employ- 
 ment was regularly held and the corporation was therefore bound 
 by it. An injunction was the proper remedy for her to exercise to 
 prevent another from teaching the school, and the only way by 
 which she could obtain relief. (30 R., 179.) 
 
 Normal schools are among the institutions for which, under the 
 provisions of 'section 184 of the Constitution, the Legislature Is 
 authorized to make appropriations for without submitting the ques- 
 tion to a vote of the people, and the Act of March 21, 1906, must be 
 held valid. (31 R., 79.) 
 
 Where a lot was donated to a school district by the owner, who 
 gave the trustees a title bond therefor, which provides that "if the 
 trustees fail to maintain a common school thereon, it should revert 
 to the owner," on which the trustees erected and maintained a 
 school house for thirty years, with the exception of a few years' inter- 
 mission. The owner of the land surrounding the school house sold 
 and conveyed it, without excepting the lot in his deed to the pur- 
 chaser, Held That the title as well as the possession of the lot was 
 in the school district, as set out in the title bond. (31 R., 287.) 
 
 The domicile of the father is the domicile of his infant children, 
 and where the father resides in a school district his children within 
 school age should be included in the census for that district though 
 they may be temporarily out of the district. (31 R., 633.) 
 
 An appeal involving the right of the trustees of the town of Hodg- 
 enville to sell the school house which had been built by taxation pur- 
 suant to a vote of the citizens of the town, to the graded common 
 school district trustees, such school having been created by a vote of 
 the people. Held under section 3660, Kentucky Statutes, the board 
 of trustees of the town had the right to sell this property, and that 
 they could use their discretion as to the terms of the sale. (32 R., 
 716.) 
 
 .Common Schools The school fund can not be applied by the Leg- 
 islature to any schools except those actually taught by teachers qualj 
 fied according to law to teach in districts laid out by authority of the 
 chopl laws, and under the control Qf trustee^ ejected U-Bdej- those 
 
178 SCHOOL LAWS OF (KENTUCKY. 
 
 laws, which all white children in the district within a specified age 
 are privileged to attend. 1874. Collins v. Henderson, &c., 11 Bush, 74. 
 
 Normal Schools No appropriation for the support of normal 
 schools can be constitutionally made out of the school fund. 1874. 
 Collins v. Henderson, &c., 11 Bush, 75. 
 
 Taxation In general, taxation must be equal and uniform, but 
 where the benefits are special and peculiar, those alone who receive 
 the benefits may be made to pay the tax. 1874. Marshall v. Dono- 
 van, &c., 10 Bush, 691. 
 
 Taxation Irregularity in Election Where a tax in aid of com- 
 mon schools has been imposed pursuant to an election held for that 
 purpose, the burden is on the taxpayer, who resists the collection 
 of the tax, to show that it is void. A mere irregularity in conducting 
 the election will not authorize the chancellor to interpose. 1881. 
 Trustees, &c. v. Garvey, MS. Opinion. 
 
 Definite ness A tax of twenty-five cents on the hundred dollars 
 is sufficiently definite. Ib. 
 
 Decision of County Superintendent The decision of the county 
 superintendent is conclusive, and can not be disturbed by court ex- 
 cept upon the ground that he was influenced by improper motives. 
 1890. Brinsore v. Cottenham, &c., Ky. Law Rep., 720. 
 
 Teacher Compelled to Report The teacher of a district school 
 may by mandamus compel the trustee to make to the commissioner 
 the report necessary to enable the teacher to get his wages from the 
 State. The fact that the trustee may be indicted for a failure to 
 report, and is liable in damages to any one injured by failure, does 
 not exclude the remedy by mandamus. (1885. Jones, &c. v. Strange, 
 MS. Opinion.) 
 
 Attachments of Teachers' Salary Money due a common school 
 teacher can not be attached in hands of commissioner. 1871. Tracy, 
 &c. v. Hornbuckle, &c., 8 Bush, 336. 1879. Allen, &c. v. Russell, &c., 
 78 Ky., 116. 
 
 Power of Legislature over School Fund The General Assembly 
 has no power to devote any portion of the school fund to the pay- 
 ment of teachers not acting under the control or supervision of the 
 officers of the common schools. 1872. Halbert v. Sparks, 9 Bush, 
 262. 
 
 Taxation Trustees must make a record of all taxes levied when 
 the levy is ordered, and make a record of every step taken. David- 
 son v. Sterett,^ Superior Court, March, 1892. 
 
 School Fund Legislature Can Not Divert A private academy 
 was authorized to admit such pupils from the common school dis- 
 trict as would pay tuition, and then collect the pro rata of these 
 pupils from the State school fund;; and also to exempt such person 
 as patronized the academy from strict taxation. Held That the 
 act was unconstitutional and void. Underwood v. Wood, Co. Supt., 
 Ky. Appellate Court, May 5, 1892. 
 
SCHOOL LAWS OF KENTUCKY. 179 
 
 Titles to Lands Trustees accepted the donation of land, with 
 revisionary interest in donor, in case the land should ever cease to 
 be used for school purposes; and levied a tax to be used to build 
 a school house on the land, but exempted the donor of the land 
 from this tax. A taxpayer in the district resisted the payment of his 
 taxes because the trustees had not a fee-simple title, and because 
 they exempted the donor from taxes. Held That neither plea was 
 good, and he must pay his taxes. John Goss v. Trustees of Dist. 25, 
 Fayette County, Superior Court, April, 1893. 
 
 Condemning Land for School House The trustees of District 7, 
 Letcher county, selected a site for school house; the owner would 
 not sell; they applied to the county judge for a writ to condemn the 
 land for school purposes; the owner answered that the land was not 
 at the center of district, and was set in fruit trees and in use as 
 an orchard; the county judge refused to Issue a writ to condemn 
 the land, and the trustees appealed to the Circuit Court and asked 
 for mandamus to compel the county judge to issue the writ. Held 
 That the decision of the county superintendent as to the site of a 
 school house, though final as to contention of certain parties in the 
 district, does not affect the rights of the land owner; that the county 
 judge, acting in a judicial capacity, had the right to refuse the writ, 
 and that mandamus was not the proper proceedings to set aside 
 his decision. Wright, Trustee, v. Baker, County Judge, Kentucky 
 Appellate Court, May, 1893. 
 
 Elections The petition to be directed to the county judge pre- 
 liminary to the calling of an election taking the sense of the voters 
 of a proposed graded school district upon the proposition whether 
 or not they will vote an annual tax for school purposes, should be 
 filed with the county judge in term time, and the election therein 
 provided for should not be ordered till the next regular term of the 
 county court. 99 Ky., 11. 
 
 School Taxation The common law provides that the railroad tax 
 shall be apportioned between the white and colored schools in the 
 same district, but this provision has no application to the tax upon 
 upon property of any other corporation. In the taxation of private 
 corporations for the support of graded schools the stock owned by 
 colored persons is liable to be taxed only for colored schools, and that 
 owned by white persons only for the white schools. An -agreement 
 between the trustees of the white and the colored schools, respective- 
 ly, for an apportionment of the taxes in any other manner than that 
 required by the school law is a nullity. 18 Ky. Law Rep., 103. 
 
 Not Subject to Assessment For Street Improvements The prop- 
 erty of the Louisville School Board, held by it for the use of the 
 State to carry on this system of common schools established under 
 the Constitution, can not be subjected to pay assessments for the 
 cost of street improvements, <as to subject it to such assessment 
 
180 SCHOOL LAWS OF KENTUCKY. 
 
 would be to appropriate the property to another purpose than that of 
 the school system, which is forbidden by the Constitution. 
 
 Liability for Work Contracted The city having the authority to 
 contract for the work, but no authority to make it a charge upon the 
 abutting property which belonged to the school board, it was liable 
 to the contractor for the cost of the work. 18 Ky. Law Rep., 124. 
 
 School Elections As the charter of cities of the fourth class does 
 not prescribe the secret ballot in the election of members of the 
 board of education, the voting should be viva voce, and those who 
 are qualified to vote under the general law may vote. 1897. 43 South- 
 western Reporter, 421. 
 
 Common Schools State Fund Ky. Stat. Sec. 4432, provides that 
 a city which maintains under special law, an adequate and free sys- 
 tem of schools, is entitled to a portion of the common school fund. 
 Ky. Stat. Sec. 4433, provides that the general law does not affect spe- 
 cial laws except as to teachers as specified in Ky. Stat. Sec. 4428, 
 which section provides that "no district" shall include more than 
 100 pupils 1 , unless it contains a city, * * * or there be established 
 therein a high school, academy, or college entitled to a share of 
 the revenue of the common school fund," in which "cases the teacher 
 or teachers of such high school, academy, or college having charge 
 of common school pupils shall hold certificates and be subject to all 
 the common school laws. Held That unless teachers be employed 
 by a city maintaining a school system under special law conform to 
 the common school standards of efficiency, or hold certificates under 
 and are subject to the common school laws, the city is not entitled 
 to a proportion of the common school fund. 19 Ky. Law Rep., 466; 
 38 S. W. Rep., 1066. 
 
 Tax Exemption The intent and spirit of an act of the General 
 Assembly providing a tax upon property owned by white persons in 
 a designated territory for the purpose of maintaining a graded school 
 for white pupils, is manifestly to tax all property save that of black 
 persons; therefore, a corporation seeking an exemption from the 
 tax must show that its corporators and stockholders 1 , who are the 
 real owners and are persons having color, are black persons. 
 
 Corporation A corporation is an inhabitant within the meaning 
 of an act taxing the property of inhabitants, and the property of cor- 
 porations may be taxed under an act which authorizes the taxation 
 of the property of persons. 16 Ky. Law Rep., 283. 
 
 The County School Superintendent has power to canvass the re- 
 turns and decide the vote on a school election in a graded school 
 district for the issuance of bonds to raise money for school pur- 
 poses. McGinnis v. Board of Trustees, &c., 108 S. W., 289. 
 
 Trustees (or other governing body) of a school district or dis- 
 tricts can only bind the district by a corporate meeting held as pro- 
 
SCHOOL LAWS OF KENTUCKY. 181 
 
 vided by law, and the acts must be valid acts of that body. Cooke, et 
 al v. District No. 7, &c., Ill S. W., 688. 
 
 An order by the County Superintendent of Schools that school 
 districts shall be so changed as to include a specified person in Dis- 
 trict No. 42, and exclude him from District No. 47, changed the boun- 
 dary between the two districts so as to include such person's farm 
 in its entirety within District No. 42, transferring his tenants to that 
 district. Farmer v. Pace, 116 S. W., 324. 
 
 An election to establish a graded school district is not invalid 
 because certain persons not qualified were permitted to vote where 
 the result of the election would not be affected if all of the objection- 
 able votes were deducted from those received by the prevailing side. 
 It is the policy of the law to uphold elections for the purpose of ad- 
 vancing the educational interests of the children of the State, and 
 not to annul them for light and trivial causes; and mere irregulari- 
 ties in the conduct of an election, which do not deprive the citizens 
 of the full and fair opportunity of exercising their right of suffrage 
 in regard thereto, are not sufficient to annul the election. Taylor v. 
 Sparks, 118 S. W., 970. 
 
 The Sullivan School Act of March 24, 1908, is constitutional and 
 it is mandatory upon the Fiscal Court to levy a school tax for the 
 amount asked for by the County Board of [Education. Prowse, &c. 
 v. County Board of Education, 120 S. W., 307. 
 
 Section 4464, Kentucky Statutes, providing that no point on the 
 boundary of the proposed graded school district shall be more than 
 two and one-half miles from the site of its proposed school house, 
 &c., when considered in connection with Section 4481, authorizing 
 the trustees to order an election to submit the question of the issu- 
 ance of bonds to provide grounds and buildings, &c., and Section 
 4439, authorizing proceedings to condemn a site for a school house 
 not exceeding one acre, requires that the two and one-half mile 
 boundary of a graded common school district shall be measured from 
 the outer boundary of the site of the school building, provided the 
 site does not exceed one acre. Clear Springs Distilling Co. v. Board 
 of Trustees, 122 S. W., 527. 
 
 The effect of the prohibition of the Act of 1908, in re enacting Sec- 
 tions 4464-4500a, Kentucky Statutes, as a part thereof, graded school 
 districts operating under special charter or established by popular 
 vote, remain unaffected by the Act of 1908 in their boundaries, govern- 
 ment and regulation; but under the Act of 1908, providing that all 
 resident males over twenty-one years of age shall have the right to 
 vote at elections, women are no longer entitled to vote in graded 
 common school elections. Jeffries, &c. v. Board of Trustees, 122 S. 
 W., 802. 
 
 Fiscal Court Compelled to Make Levy The Board of Education 
 lias control of the educational interests and needs of the county, and 
 
182 SCHOOL, LAWS OF KENTUCKY. 
 
 it is the duty of the Board before asking the Fiscal Court to make 
 a levy for educational purposes to estimate the amount that in tiie 
 judgment of the Board may be needed for these purposes. And when 
 the Board of Education requests the Fiscal Court to levy a property 
 and capitation tax, within the statutory limit, it is the duty of the 
 Fiscal Court to levy the property and capitation tax requested by the 
 Board, if it is within the statutory limit. The Fiscal Court has no 
 discretion to exercise on this subject. It must lay the levy demanded. 
 (Fiscal Court vs. Board of Education of Logan County, April 28, 
 1910.) 
 
 Sheriff's Commission For Collecting Taxes The question involved 
 in this appeal is the amount of commissions due the sheriff for col- 
 lecting the school tax of Ballard County. The officer claims that he 
 is entitled to ten per cent commission on the first five thousand dol- 
 lars and four per cent on the remainder, whereas, the Fiscal Court 
 held that the county tax and the county school tax constituted one 
 fund, and allowed the sheriff commissions of 10 per cent on the 
 first five thousand dollars and 4 per cent on the remainder of the 
 aggregate amount collected by him. * * * The Fiscal Court are 
 clearly right in their construction * * * This court has often 
 held that all of the taxes collected by a county, constitute one fund 
 and that in estimating the sheriff's commissions for collecting them, 
 he is to be allowed commissions on them as a single fund. (Hill 
 v. Ballard County, Sept. 30, 1910.) 
 
 Sheriff's Commission How Paid Appellant, as Sheriff of Lincoln 
 County was collector of the county tax levy of 1909. He claims in 
 this suit that he is entitled to retain of the sum collected ten per 
 cent on the first five thousand dollars; or in any event four per cent 
 of the sum collected * * * The court held that his compensation 
 may not be taken from the school fund. He must pay over the 
 whole amount of the sum collected for school purposes to the Board 
 of Education. His pay is a charge against the general expense 
 fund of the county. The amount required to be raised for educa- 
 tion is net, and the costs of collection must be added by the Fiscal 
 Court and provided for out of the general fund, as are other county 
 general expenses. The sheriff's commission must be allowed by the 
 Fiscal Court upon his settlement with that body. It was not com- 
 petent for the Board of Education to pass on it, or to anticipate the 
 action of the Fiscal Court, much less was it competent for the Board 
 to apply funds raised expressly for educational purposes, to the 
 payment of an item of general expense against the county. The 
 Constitution forbids it. The judgment required the Sheriff to pay over 
 the whole sum collected for school purposes is formed. (Hill v. 
 County Board of Education of Lincoln County.) 
 
 Certificates Third Class The question presented, is, does a cer- 
 tificate of qualification of the third class entitle the holder to teaci 
 
SCHOOL LAWS OF KENTUCKY. 183 
 
 as assistant teacher in a district reporting fifty-five or more pupil 
 children? Plaintiff was employed by the trustees because the school 
 required an assistant. His case, therefore, falls within the lan- 
 guage of the closing part of that Section, which says: "When the 
 school shall require an assistant to serve regularly at a salary, such 
 assistant shall hold a certificate of qualification, and be employed 
 by the trustees." As this section makes it necessary for the assist- 
 ant teacher to have a certificate of qualification, but does not specify 
 its class, resort must be had to Section 4503, supra, which clearly 
 provides that the holder of a certificate of the third class shall not 
 be entitled to teach in any district reporting fifty-five or more pupil 
 children. We, therefore, conclude that plaintiff was not entitled to 
 teach in the school in question. Therefore he taught when he had 
 no right to teach, and is not entitled to recover compensation, for it 
 is well settled that the performance of the duties of an office by one 
 who holds the office without right, will not estop the State from 
 resisting his claim for compensation. (Flanary, County Superintend- 
 ent v. Barrett, Feb. 9, 1912.) 
 
 Location of County High School Williamstown is the county seat 
 of Grant County, and it is contended that the statute above quoted 
 imperatively requires that the first county high school should be 
 located at the county seat, if there is not already existing in the 
 county seat a high school of the required grade, and that since the 
 high school established at Williamstown was subsequent to the two 
 established at Dry Ridge and Crittenden, the last two named schools 
 have not been legally established. This construction of the statute 
 would require us to say that its provisions as to the location of the 
 first county high school at the county seat is mandatory and not 
 directory merely. If it is mandatory, the contention of appellant is 
 sound; but, if the statute is directory merely, the failure of the 
 trustees' to follow the statute according to its precise , terms, will not 
 invalidate their action, if the statute has been otherwise substan- 
 tially complied with. We do not think the statute is mandatory in 
 its character. Its primary purpose was to provide high schools for 
 the county; and, in carrying out that purpose the Board of Educa- 
 tion was directed to establish the first county high school at the 
 county seat, if there as not already such a school there located. It 
 is the duty of the Board to follow the statute; but if, in carrying 
 out the directions of a statute, which is directory only, they fail to 
 comply strictly with its provisions, their acts are not void, but are 
 irregular only. Under this view of the case, we are of opinion that 
 the establishment of the two county high schools at Dry Ridge and 
 at Crittenden were legal. (Grant County Board of Education, et al 
 y. Chandler.) 
 
INDEX 
 
 Page 
 ACCOUNTS 
 
 Kept by Supt. of Public Instruction. 12 
 
 ABSTRACTS 
 
 Of Court of Appeals, Decision 170, 183 
 
 AFFIDAVIT 
 
 Of Examiners 27 
 
 AGRICULTURAL AND MECHANICAL COLLEGE 
 (See State University.) 
 Tax to remain until changed by law 1 
 
 APPLICANT 
 
 To possess good moral character 28 
 
 ASSISTANT TEACHER 
 
 May be employed 5 
 
 Qualifications 5 
 
 Salary . , 5 
 
 ATTORNEY-GENERAL 
 
 Opinions of 171 
 
 Opinion of to be filed 13 
 
 To advise Supt. of Public Instruction 13 
 
 AUDITOR OF PUBLIC ACCOUNTS 
 
 To distribute school funds 8 
 
 To furnish data to ascertain per capita 8 
 
 To transfer Dog Tax Fund to County School Fund 7 
 
 BIENNIAL REPORT 
 
 Number, etc 12 
 
 Of Supt. of Public Instruction 12 
 
 To be furnished General Assembly 12 
 
 BLANKS 
 
 Supplied by State Superintendent and Teachers 32 
 
186 INDEX. 
 
 Page 
 BONDS 
 
 Contractors for text books to give 36 
 
 To be approved by Attorney-General 36 
 
 Graded School 
 
 How issued 61 
 
 Interest on limited G6 
 
 Provisions concerning . 67 
 
 Recover on 39 
 
 May be voted by county 51 
 
 Commission appointed by County Judge 51 
 
 Powers and Duties 51 
 
 Employees to give bond 52 
 
 School Houses to be built 52 
 
 Plans to be made 52 
 
 Contract to be let to lowest bidder 52 
 
 Property may be acquired 52 
 
 May be sold 52 
 
 Depository to be selected 52 
 
 Expenses to be paid 53 
 
 Fiscal Court to make levy ., . 53 
 
 Title to property 53 
 
 Where vested 53 
 
 County Attorney to advise 54 
 
 BOND OF COMMONWEALTH 
 
 To issue 1, 6 
 
 BOOKS 
 
 Certain kinds not allowed where 71 
 
 For county library 71 
 
 BOUNDARIES 
 
 Changed by whom 41 
 
 Change of in graded schools powers of Trustees 1 55, 57 
 
 New, in graded schools 54 
 
 Of educational divisions 41 
 
 Of Graded Schools- 
 Change of 55, 57 
 
 Include what 55, 57 
 
 How established 55, 57 
 
 Of Graded Schools in Territory with Adjacent County- 
 Established how 55 
 
 Change of ' 55 
 
 Limits 55 
 
 County Superintendent to report to railroads 25 
 
INDEX. 187 
 
 Page 
 BY-LAWS 
 
 Of graded school Trustees 59 
 
 CAMPAIGN FUND 
 
 Contractors of text books not to subscribe to penalty 39 
 
 CENSUS 
 
 Compensation of Trustee 47 
 
 County Supt. to take when 19 
 
 Cost paid by county 19 
 
 To recover same from Trustee 19 
 
 Salary of County Supt. based upon 18, 23 
 
 Time of taking 19 
 
 When taken 43 
 
 Who to take 43 
 
 CERTIFICATES 
 
 Access to questions 26, 31 
 
 Drunkenness of applicant, etc 26, 31 
 
 Grades of, in common schools 26, 31 
 
 Improper granting of penalty 26, 31 
 
 Moral character of applicant 27 
 
 Not to be issued in presence of applicant 27 
 
 Of completion of common school course 5 
 
 Who entitled to receive 5 
 
 CHILD LABOR ACT 
 
 Appointment of Labor Inspector 79 
 
 His duties 79 
 
 Becomes effective when 85 
 
 Children not to be employed 79, 84 
 
 Condition of walls 84, 90 
 
 Copies to be posted where 84, 90 
 
 Dangerous machinery to be guarded 84, 89 
 
 Duties of Truant Officers under 79 
 
 Duties of Employes under 
 
 Employment, children not to be employed 79 
 
 Employment certificate to describe child 
 
 Examination of children 
 
 Evidence of child's age 
 
 Law of 1906 repealed 
 
 Names of children employed to be furnished 
 
 Labor Inspector 
 
 Penalties for violating act 82, 84 
 
 Powers of Grand Jury under 84 
 
188 INDEX. 
 
 Page 
 
 CHILD LABOR ACT Continued- 
 Procedure in absence of school record 81 
 
 Seats provided for girls 84 
 
 Wash rooms and closets 84 
 
 What school record to contain 81, 86 
 
 When employment certificate not to be issued 80 
 
 Who to approve certificate 80 
 
 CHILDREN 
 
 Absentees to be reported to Truant Officer 77 
 
 Both white and colored included 41 
 
 Committed to Parental or Truancy School 77 
 
 Employment certificate to describe 81, 86 
 
 Census of illiterates to be taken 43 
 
 Examination of 79 
 
 Evidence as to age 79 
 
 List to be furnished to whom 77 
 
 Must attend school 72 
 
 Names of employed furnished Labor Inspector 82 
 
 Not to engage in certain employments 83 
 
 Penalty for failure to send to school 72 
 
 Penalty for making false statement concerning 72 
 
 Record of age under Truancy Law -. 72 
 
 Under Fourteen Not to be employed when 78 
 
 When to be enrolled and compelled to attend city schools 72 
 
 CHURCH AND STATE 
 
 To be separate 3 
 
 CITY SCHOOLS 
 
 Graded schools provisions concerning 65,66 
 
 CITIES OF THE FIRST CLASS 
 
 Advertisement for supplies 93 
 
 Appointment of officers 90 
 
 Apportionment of revenues 95 
 
 Appropriation of money 97, 93 
 
 Board of Education 
 
 Election 86 
 
 Powers and duties 87 
 
 Eligibility 88 
 
 Compensation 88 
 
 Term of office 88 
 
 Vacancies how filled 89 
 
 Must surrender school property 89 
 
 Books to be audited 98 
 
INDEX. 189 
 
 Page 
 
 CITIES OF THE FIRST CLASS Continued- 
 Business Director 
 
 Compensation duties A 91 
 
 Bond to be given 92 
 
 Report to be made 96 
 
 Appointment of janitors 92 
 
 Census to be taken 96, 98 
 
 Certificate of teachers 98 
 
 Charges against officers 97 
 
 Contracts to lowest bidders 92 
 
 Depositaries to be selected 94 
 
 Election 
 
 By secret ballot 88 
 
 General election law to control 88 
 
 Members to be voted for 89 
 
 Kindergartens 
 
 Power to establish 96 
 
 Money may be borrowed 94 
 
 Organization of board 89 
 
 Penalty 89, 97 
 
 Perequisites 98 
 
 Property to escheat 95 
 
 Punishment of members 98 
 
 Pupils 
 
 Qualifications 96 
 
 Admitted from beyond city 96 
 
 Real Estate 
 
 Power to purchase or condemn 87 
 
 Record of Proceedings 98 
 
 Religious Instruction prohibited 96 
 
 Repealing claus'e 98 
 
 Reports to be made 97 
 
 Rules and By-laws 90 
 
 School fund 95 
 
 Secretary and Treasurer to be appointed 92 
 
 Seperate schools white and colored 96 
 
 Supenintendent of schools 
 
 Appointment 90 
 
 Powers and duties 90 
 
 Text book adoption 98 
 
 Tax Levy 
 
 Duty of Board 94 
 
 Duties of Officers as to collection 95 
 
 Bonds may be issued 100 
 
190 INDEX. 
 
 CITIES OF THE FIRST CLASS Continued Page 
 
 Annuity fund may be granted 101 
 
 Board of Trustees to control 102 
 
 Powers and duties 102 
 
 Revenues Investment Rules 103 
 
 Sinking fund to be provided 104 
 
 Manner of distribution 105 
 
 Teachers entitled to fund 105 
 
 Trustees to make rules and by-laws 106 
 
 Not subject to process 107 
 
 May be discontinued for cause 107 
 
 Parental Home and School Commission 108 
 
 Powers and Duties 109 
 
 CITIES OF THE SECOND CLASS 
 
 Board of Education 108 
 
 Powers and duties 108 
 
 Real estate power to purchase 109 
 
 Qualification of members 109 
 
 Oath of office 110 
 
 Compensation 110 
 
 Election by secret ballot 110 
 
 Time of election 112 
 
 Vacancy how filled 113 
 
 Old Board to surrender office 113 
 
 Superintendent may be appointed 114 
 
 Powers' and duties 114 
 
 Business Director < . . . 115 
 
 Powers and duties 115 
 
 Bond to be given 115 
 
 Employees 116 
 
 Buildings Contracts for 116 
 
 Bids to be received 116 
 
 Supplies Contract to be awarded 116 
 
 Funds to be deposited 117 
 
 Revenue apportionment 117 
 
 Board of Education 118 
 
 Power to borrow money 118 
 
 Tax levy 118 
 
 Treasurer to collect taxes 118 
 
 Power to purchase site 119 
 
 Escheated bonds 120 
 
 Expert accountant may be employed 120 
 
 Kindergarten Power to establish 120 
 
 Examination of teachers 121 
 
 Religious dogmas 121 
 
 Reports to be made 121 
 
INDEX. 191 
 
 Page 
 CITIES OF THE THIRD CLASS 
 
 Public schools in 123 
 
 Board of Education 123 
 
 Appointment of officers .,. 124 
 
 Appointment of teachers 124 
 
 Election of 123 
 
 Estimate of expense 125 
 
 Funds vested in 124 
 
 How paid 126 
 
 Issue of certificate 124 
 
 Indebtedness 126 
 
 Library established 126 
 
 Levy and collection of taxes 125 
 
 Non-resident pupils 126 
 
 Oath of Trustee 125 
 
 Power to purchase and build 124 
 
 President of 126 
 
 Qualifications of 123 
 
 How determined 124 
 
 Reports of 125 
 
 Seperate school maintained 125 
 
 Time of meeting 123 
 
 Text-books' adoption of 120 
 
 Treasurer powers of and duties 121 
 
 Vacancies how filled 119 
 
 CITIES OF THE FOURTH CLASS 
 
 Public schools in 127, 133 
 
 Board of Education 127 
 
 Appropriation of money 130 
 
 Election of officers and teachers 128 
 
 Estimate of expenses 129 
 
 Funds how vested 128 
 
 Control of 130 
 
 Indebtedness 130 
 
 Issue certificates 129 
 
 Library establishment of 130 
 
 Levy and collection of taxes 
 
 Qualifications of 
 
 Non-resident pupils 
 
 Not to be interested in what 
 
 Oath of Trustee 
 
 Powers and duties of 
 
 Power to convey 
 
 Power to establish schools 
 
192 INDEX. 
 
 Page 
 
 CITIES OF THE FOURTH CLASS Continued- 
 President 
 
 Election of 130 
 
 Reports of 129 
 
 Seperate schools to be had 130 
 
 Text-books adoption of 129 
 
 Treasurer power and duties 130 
 
 White and colored schools 129 
 
 COLORED CHILDREN 
 
 Included 1, 2, 25, 41 
 
 COLORED GRADED SCHOOLS 
 
 Provisions concerning 64 
 
 COLORED NORMAL SCHOOLS 
 
 Admission of pupils 165 
 
 Appropriation for 166, 167, 168, 170 
 
 Board of Trustees 
 
 Certificate granted by 166 
 
 Composed of whom 164 
 
 Course of study prescribed 165 
 
 May purchase additional grounds 167 
 
 Report Biennial 165 
 
 Report annual 165 
 
 Term of office 1G4 
 
 Treasurer elected by 164 
 
 Bonds ' 1G4 
 
 Duties 164 
 
 Congressional act of 1862 164 
 
 Morals, etc 165 
 
 President of how selected 166 
 
 Title changed 166 
 
 Tuition, etc 165 
 
 COMMON SCHOOLS 
 
 Defined 4 
 
 Efficient system to be had 1 
 
 Generay Assembly to provide 1 
 
 COMMON SCHOOL LAWS 
 
 Edited by State Superintendent of Public Instruction 
 
 When 12, 13 
 
 To be read and expounded in Teacher's Institute 70 
 
 CONSCIENCE 
 
 Freedom of to be had.. 3 
 
INDEX. 193 
 
 CONSOLIDATION Page 
 
 Of subdistricts When 48, 50 
 
 County Board may lay off districts and vote tax 50 
 
 I 
 
 CONSOLIDATED SCHOOLS 
 
 Provisions concerning 48-50 
 
 CONTRACTS 
 
 Teachers' in duplicate 44 
 
 Teachers' to be in writing 44 
 
 COURSE OF STUDY 
 
 In Common Schools 10 
 
 COUNTY 
 
 Compose school district 41 
 
 Divided into divisions 42 
 
 Number 42 
 
 When 41 
 
 Who to divide 46 
 
 COUNTY ATTORNEY 
 
 Meet with County Superintendent 41 
 
 Assist in dividing county ' 41 
 
 COUNTY BOARD OF EDUCATION 
 
 Body politic 47 
 
 Chairman of who 44 
 
 Compensation of members 47 
 
 Duties and powers concerning County High Schools 44, 47 
 
 Estimate tax ' 45 
 
 How composed 44 
 
 May assume indebtedness 47-50 
 
 Members not to be interested in what 48 
 
 Members to inspect schools 48 
 
 Money expended how 47 
 
 Power to condemn lands 47 
 
 Power to establish and change subdistricts 47 
 
 Power to purchase, lease and rent sites 47 
 
 Power over county High Schools 44 
 
 Sue and be sued 47 
 
 To employ High School teachers 47 
 
 To establish county High Schools 
 
 To receive gifts, etc. duties concerning 
 
 Title of property vested in 
 
 When to meet 48 
 
194 INDEX. 
 
 COUNTY BOARD OF EXAMINERS ; " Page 
 
 Appointment of . 26 
 
 Compensation of 38 
 
 Duties of 26-35 
 
 Eligibility of 26 
 
 Oath of To be filed in the clerk's office 26 
 
 Qualifications of 26 
 
 Satisfied as to character of applicant 27 
 
 To exclude other persons 27 
 
 To make rules governing district libraries 27 
 
 COUNTY CERTIFICATES 
 
 Average grades required by 26-32 
 
 Classes 
 
 First 26-31 
 
 Second 26-31 
 
 Third 26-31 
 
 How renewed 30 
 
 Revoked 30 
 
 Third class to be held only once ; . 30 
 
 Time to run 30 
 
 Unlawful to grant when 30 
 
 What grades entitle holders to teach in subdistricts 30 
 
 COUNTY CLERKS 
 
 Graded school duty concerning 
 
 Oath of County Examiner filed with 
 
 Send copy of settlement of County Superintendent to 
 
 Superintendent of Public Instruction 21 
 
 COUNTY HIGH SCHOOL 
 
 Classes of 44 
 
 Established how 44 
 
 Provisions concerning 44, 47 
 
 COUNTY JUDGE 
 
 Duties concerning schools of adjacent county 56 
 
 Graded schools duty concerning 54 
 
 Meet with County Superintendent 41 
 
 Notify Superintendent of Public Instruction of vancancy 
 
 in office of County Superintendent 24 
 
 To purchase text books when 19 
 
 To assist in dividing county 41 
 
 COUNTY LIBRARY COMMITTEE 
 
 Books barred from 71 
 
 Books furnished by Superintendent of Public Instruction 71 
 
INDEX. 195 
 
 COUNTY LIBRARY COMMITTEE Continued Page 
 . Condition reported to Superintendent of Public Instruc- 
 tion 71 
 
 Fund for 71 
 
 Institute fund to go to 71 
 
 Purchase of books, etc 71 
 
 Report of condition to County Institute 71 
 
 Where located 24 
 
 Who compose committee duties 71 
 
 Where to be kept 71 
 
 Who to care for 71 
 
 COUNTY OFFICERS 
 
 Not eligible to office of County Superintendent 17 
 
 COUNTY SCHOOL BOOK LAW 
 Adopted Texts 
 
 Must be exclusively used 37 
 
 Pentalty for violation 37 
 
 Adoption of Books 
 
 Sealed bids 34 
 
 Advertisement 34 
 
 Agents to be appointed 36 
 
 Bids may be rejected 35 
 
 Books 
 
 Must comply with sample 38 
 
 Bond to filed by publisher 40 
 
 Branches to include Elementary and High Schools 35 
 
 Bribery Penalty 40 
 
 Cities- 
 Exempt 35 
 
 To adopt 40 
 
 Contract 
 
 To be prepared by State Superintendent 36 
 
 Approved by Attorney-General 36 
 
 To be awarded 36 
 
 Couty High School Adoption 35 
 
 County Judge to exchange second hand books 37 
 
 County Superintendent to furnish list 37 
 
 Damages on bond may be recovered 40 
 
 Exchange books 36 
 
 License Fee 
 
 Paid to publisher 38 
 
 To be used for expenses 38 
 
 Meetings of Commission 
 
 Record to be kept by Secretary 34 
 
196 INDEX. 
 
 COUNTY SCHOOL BOOK LAW Continued Page 
 
 Members of commission 33 
 
 Merits' of books to be considered 35 
 
 Money for campaign purposes 39 
 
 Notify State Superintendent 35 
 
 Oath of Office 34 
 
 Patrons may exchange old books 36 
 
 Penalty 
 
 For unlawful sale or extra charge 
 
 Prices 
 
 Of books 36 
 
 Agreement to control 39 
 
 Proceedings 
 
 To be instituted by Attorney-General 39 
 
 Proposal to State contract and exchange prices 34 
 
 Publisher must file statement 38 
 
 Repealing Clause 40 
 
 Specimen copy of books 34 
 
 State Board of Education to make printed lists 38 
 
 Sworn statement to be filed by publisher 39 
 
 Uniform series of books 35 
 
 Vacancies How filled 34 
 
 COUNTY SUPERINTENDENT 
 
 Administer oath during examination when 31 
 
 Agent for text-books penalty for 23 
 
 Annual report to Fiscal Court 21 
 
 Annual report to County Court 21 
 
 Annual report to include county library 71 
 
 Annual settlement when made 21 
 
 How made 21 
 
 To county judge 21 
 
 Appeal from decisions of 23 
 
 Appeal to in suspension of pupil 33 
 
 Approval of removal of teacher by Division Board 33 
 
 Approval in dismissing teacher 44 
 
 Attendance at office 23 
 
 Blanks to be furnished by 22 
 
 Bond of 18 
 
 Buying teachers' claims 23 
 
 Penalty for 23 
 
 Cast tie votes when 43 
 
 Certificate of attendance at Institute given by 70 
 
 Change of made to Auditor by Superintendent of Public 
 
 Instruction 12 
 
INDEX. 197 
 
 COUNTY SUPERINTENDENT Continued Page 
 
 Chairman of County Board 44 
 
 Compensation of 24 
 
 Conform to rules required by Superintendent of Public 
 
 Instruction 23 
 
 County library duties concerning 71 
 
 Deliver effects to County Clerk when 24 
 
 Duties to County Board of Education 47 
 
 Duties concerning examination of State Certificates- 26 
 
 Eligibility of 17 
 
 Election of 17 
 
 Eligibility of in counties containing cities of the first 
 
 class 17 
 
 Examination of teachers 1 held by 26 
 
 Failing to pay out money penalty for 20 
 
 F'ailure to deliver effects of office penalty for 24 
 
 Failure to settle with County Court penalty for 24 
 
 Fraudulent report penalty for 20 
 
 Graded schools to organize when 54 
 
 Graded school fund duty concerning 59 
 
 Institutes to organize and cause to be held 67 
 
 Joint institute duties concerning 69 
 
 Keep questions under .seal 27 
 
 Keep public account 21 
 
 May administer oath 21 
 
 Make annual report to Superintendent of Public Instruc- 
 tion . 20 
 
 May request Normal instructors for Institute 68 
 
 Meet with County Judge and County Attorney 41 
 
 Member of Division Boards 43 
 
 Must attend Teachers' Associations 69, 73 
 
 Not to be interested in what penalty 48 
 
 Notice given Trustee 
 
 Notice official 
 
 Notify Trustee of meeting 43,48 
 
 Office of furnished by Fiscal Court 23, 26 
 
 Official decisions 
 
 Office at county seat 23, 2 
 
 Organize Division Board 
 
 Penalty for failure to make annual report 
 
 Penalty for failure to hold Teachers' Institutes' 
 
 Penalty for paying teacher on false report 
 
 Power to revoke State certificate 
 
 99 
 
 Public records kept by 
 
 Qualifications of 
 
198 INDEX. 
 
 COUNTY SUPERINTENDENT Continued Page 
 
 Certification of 17 
 
 Requisitions for questions 25 
 
 Removal by County Court 24 
 
 Removal of 24 
 
 Responsibility for errors in census report 19 
 
 Returns of election certified to 42 
 
 Select place of holding Institutes' 71 
 
 Settlement with County Court 21 
 
 Special bond given by 46 
 
 Successor duty to 24 
 
 Term of office 17 
 
 To appoint County Examiners 26 
 
 To divide county 41 
 
 To employ Institute instructors 70 
 
 To furnish books to indigents 19 
 
 To keep official record 22 
 
 To notify teachers when Institute meets 71 
 
 To pay Institute expenses 72 
 
 To make census reports 19 
 
 To pay teachers when 21 
 
 To reside outside city of first class 1 17 
 
 To report number of indigents to County Judge 19 
 
 To superintend taking of census 18 
 
 Time of taking 18 
 
 To advise teachers as to discipline 18 
 
 As to duties' 18 
 
 To notify Trustee of boundaries 18 
 
 To condemn school houses 17 
 
 To condemn apparatus and furniture 17 
 
 To be elected by voters outside of first class city 17 
 
 To be removed when 24 
 
 To report additional facts 20 
 
 To remove or suspend Trustee 23 
 
 To renew county certificate 30 
 
 To revoke county certificates 29 
 
 To take census when 18 
 
 Vacancy how filled 24 
 
 When once qualified 17 
 
 When appointed by County Judge 24 
 
 COUNTY TEACHERS' ASSOCIATIONS 
 
 Objects of 70 
 
 To be held in each magisterial district 70 
 
 Vice-Presidents of how selected 70 
 
 When held 70 
 
INDEX. 199 
 
 COURT HOUSE p age 
 
 County to be divided at 41 
 
 DISTRIBUTION 
 
 Of net revenue 8 
 
 DISTRICT LIBRARY 
 
 Books barred from 71 
 
 How organized 71 
 
 Management of 71 
 
 Pupils to have free access 71 
 
 Residents may have access when 71 
 
 Rules governing announced by County Board of 
 
 Examiners 71 
 
 Under control of Trustee 71 
 
 DIVISION BOARD 
 
 Chairman of 44 
 
 Chairman of compose County Board 45 
 
 Chairmanship vacancy how filled 44 
 
 Composed of Trustees 44 
 
 Organized by County Superintendent when 45 
 
 Records of to be kept 49 
 
 Secretary of . 44 
 
 Petitions to, by voters 46 
 
 Teachers' application to be filed with 44 
 
 To fill vacancy when 44 
 
 To employ teachers when 47 
 
 DOCTRINES 
 
 Certain forbidden to be taught 5 
 
 EDUCATIONAL DIVISIONS 
 
 Boundaries 41 
 
 How divided 41 
 
 Number 41 
 
 Subdivided how 42 
 
 EDUCATIONAL DIVISION BOARD 
 
 Chairman to call meeting 43 
 
 Chairman to report in writing 48 
 
 Election of teacher 45 
 
 May remove teacher 45 
 
 Number necessary to elect teacher 45 
 
 Penalty for chairman to make false certificate as to 
 
 teacher's report 33 
 
200 INDEX. 
 
 EDUCATIONAL DIVISION BOARD Continued Page 
 
 Qualifications of teachers how determined 45 
 
 Removal of teachers 45 
 
 Secretary duties of 44 
 
 Subdistrict tax duties concerning 46 
 
 Vacancies to fill 45 
 
 When to meet 45 
 
 EFFECTS OF ALCOHOLIC DRINKS AND NARCOTICS 
 
 To be taught in common schools 5, 11 
 
 ELECTION 
 
 For issuing bonds in graded schools 62 
 
 In Graded Schools 
 
 Advertised how 58 
 
 How held 54 
 
 When 54 
 
 Manner of voting in graded schools 58 
 
 To establish graded schools 54 
 
 ELECTION OF TRUSTEES 
 
 By ballot 42 
 
 Manner of holding 42 
 
 Number elected each year 42 
 
 Officers of election 42 
 
 Returns to be certified 42 
 
 When held 42 
 
 Who may vote in 42 
 
 ENFORCED ATTENDANCE 
 
 Duty of parent or guardian 72 
 
 Penalty for false statement 72 
 
 Penalty for violation 73 
 
 Teachers must report absence 73 
 
 County Court has jurisdiction 73 
 
 EXAMINATION 
 
 For county certificates 29, 30, 32 
 
 For State diplomas 30 
 
 Studies embraced under 30 
 
 For State certificates 30 
 
 EXAMINATION OF TEACHERS 
 
 Branches examined upon 27 
 
 Distance of applicants apart 27 
 
 Fee of applicants' 27 
 
 To whom paid 27 
 
 Held by County Superintendent 27 
 
 Held by County Attorney when 27 
 
INDEX. 201 
 
 EXAMINATION OF TEACHERS Continued Page 
 
 Investigation of character of applicant who by 27 
 
 Manner of conducting 27 
 
 Manner of holding 29 
 
 Oath of applicant 29 
 
 Officers to comply penalty for failure 27 
 
 Officials to be present 27 
 
 Opening of questions manner of 27 
 
 Penalty for selling questions 27 
 
 Questions of under seal 27 
 
 Questions how sent 27 
 
 Questions for white and colored 27 
 
 Questions prepared by whom 27 
 
 Reasonable time allotted to applicants 27 
 
 State Board to grant certificates when and how 27 
 
 Time of folding 27 
 
 Who to hold 27 
 
 EXPENSES 
 
 Incurred by County Superintendent 23 
 
 Of Institute to be paid by whom G9 
 
 Traveling, of Superintendent of Public Instrution to be 
 
 paid 11, 15 
 
 FEES 
 
 County certificate 28 
 
 Institute 69 
 
 State certificate 28, 30 
 
 State diplomas 27, 29 
 
 FISCAL COURT 
 
 Tax levied by 45 
 
 FRACTIONAL BALANCE 
 
 To be credited to county 5 
 
 FUNDS 
 
 Consists of what 1, 6 
 
 Derived Ijjpm dog tax to go to school 7 
 
 Distributed impartially 2 
 
 Forbidden to be used in aid of or by sectarian schools.. 2 
 
 Money received from United States part of 2 
 
 Portion unused to go into fund for following year 2 
 
 Recovery of on bonds 40 
 
 Set apart for school purposes 1 
 
 To subdistrict how apportioned 8 
 
 To be distributed 1 
 
 To be equally divided between races 2 
 
 When distributed 9 
 
202 INDEX. 
 
 GENERAL ASSEMBLY Page 
 Local and special laws concerning Common Schools not 
 
 to pass 3 
 
 To provide efficient system 1 
 
 To regulate Trustee election 2 
 
 GRADED SCHOOLS 
 
 Additional territory how added 54, 57 
 
 Admission of other pupils 60 
 
 Annexation of territory 54, 57 
 
 Manner of change 54, 57 
 
 Time of 54, 57 
 
 An incorporation 57 
 
 Appointment of election officers 57 
 
 Bonds issued 61 
 
 Manner of issuing 61 
 
 Board of Trustees 
 
 A body politic 59 
 
 Change boundaries 54, 57 
 
 Duties of 59 
 
 Election of 59 
 
 Number of 59 
 
 Power 59 
 
 Style of 59 
 
 Title of property to vest in 63 
 
 To hold election for levying tax 63 
 
 Vacancies how filled 59 
 
 Boundaries change of .. * 54, 57 
 
 How established 54 
 
 Include what 54 
 
 In territory with adjacent county 54 
 
 Limit 54 
 
 By-laws and rules of Trustees 59 
 
 Classification of Trustees 59 
 
 Change of boundaries 54, 57 
 
 County officers duty concerning 54 
 
 Courses of study prescribed in 59 
 
 Duties of election officers' 64 
 
 Duties of Treasurer bond of 61 
 
 Election in 54, 56, 64, 66 
 
 How held 54 
 
 Manner of voting 64 
 
 Time of holding . . 54 
 
 Who to hold 54 
 
 Established in territory with adjacent county. 55 
 
 Manner of , . . . , , c . . . . , , 55 
 
INDEX. 203 
 
 GRADED SCHOOLS Continued Page 
 
 Established how 54 
 
 Examination of applicants as teachers, etc 59 
 
 Free tuition to whom 60 
 
 Interest on bonds limited 66 
 
 Journal kept by Trustee 59 
 
 Public inspection of 59 
 
 Limits extended how 54, 57 
 
 New boundary how established 54, 57 
 
 Not affected by new law 41 
 
 Oath of Trustees 59 
 
 Officers of Board 60 
 
 Their duties 59, 60 
 
 Order of election delivered to whom 58 
 
 Payment of old debt 50 
 
 Petitions for election . 54, 55 
 
 Proposition voted upon 64 
 
 Provisions concerning colored pupils 64 
 
 Provisions' what cities may accept 65 
 
 Provisions not to affect what 66 
 
 Provisions concerning bonds 67 
 
 Purposes of tax voted 64 
 
 Ad valorem 54 
 
 Poll 54 
 
 Purchasing, sites, buildings, etc 61 
 
 Regular election of Trustees 69 
 
 Repair of building 61 
 
 Sinking fund provisions for 61 
 
 Tax to complete buildings 66 
 
 Tax of with Adjacent County 
 
 How voted 56 
 
 Limit of 66 
 
 Manner of voting 66 
 
 Tax Voted 
 
 Amount 54 
 
 Limit of 64 
 
 Manner of voting 64 
 
 Who approve petition 64 
 
 Who to organize 58 
 
 GUARDIAN Page 
 
 Denned under Truancy Law 74 
 
 Penalty for failure to comply with Law 77, 78 
 
 INDIGENT CHILDREN 
 
 To be furnished text books 
 
 Who to furnish books 19 
 
204 INDEX. 
 
 INSPECTION Page 
 
 State Superintendent to be Inspector ..................... 15 
 
 Asistants to be appointed ............................. 15 
 
 Bond to be given ...................................... 15 
 
 Powers and duties ..................................... 15 
 
 Process to compel attendance of witnesses .............. 16 
 
 Misconduct to be reported ............................ 16 
 
 Emergency clause ..................................... 16 
 
 INTOXICATING LIQUORS 
 
 INSTITUTE INSTRUCTOR 
 
 Convention at Capitol ................................ 
 
 Object and purposes of .............................. 
 
 Employed by County Superintendent ................... 
 
 Normal Instructor may be had when ................... 
 
 Number in joint institutes ............................ 
 
 To be experienced and able ............................ 
 
 INVESTMENT OF SCHOOL FUND 
 
 Interest on .......................................... 
 
 LIBRARIES 
 
 County report on ..................................... 
 
 Subdistrict report on ................................. 
 
 (See county and district libraries.) 
 
 MONEY 
 
 Record kept by County Superintendent ................. 22 
 
 MUNICIPAL INDEBTEDNESS 
 
 Extent of ............................................ 2 
 
 MUNICIPAL TAX VOTE 
 
 To be acted upon ..................................... 2 
 
 NEWSPAPER 
 
 Notice of election published in time of ................ 58 
 
 Proceedings of Teacher's Institute to be published in... 69 
 
 OATH 
 
 Administered to Trustee ............................... 22 
 
 By County Superintendent ............................ 22 
 
 For county examination ............................... 31 
 
 Furnished by Supt. of Public Instruction ................ 31 
 
 Preserved by whom .................................. 31 
 
 For applicant of examination ......................... 31 
 
 Of county examiner ................................... 26 
 
 Of graded school trustee ....................... ........ 59 
 
 Reported in writing when ............................. 30 
 
 Who may administer ,,,,,,..,,,,,,,,,., ....... , ...... 30 
 
INDEX. 205 
 
 OFFICE Page 
 
 Of County Superintendent at County Seat 23 
 
 Attendance at 23 
 
 OFFICERS OF ELECTION 
 
 Appointment of 42 
 
 Compensation ... 42 
 
 Duties of 42 
 
 OPINIONS OF ATTORNEY-GENERAL 
 
 Abstracts of 170, 183 
 
 PARENT 
 
 Denned under truancy law ; 72, 74 
 
 Must send child to school 72 
 
 Exception 72 
 
 Penalty for failure to send child to school 72 
 
 Penalty for failure to comply with provision of truancy 
 
 law .,. , 73, 74 
 
 PARENTAL OR TRUANT SCHOOLS 
 
 Children committed to 8fc 
 
 Establishment of 82 
 
 Instruction in 82 
 
 Location 82 
 
 Penalty for violating 82 
 
 Regulations of 82 
 
 PAYMENT OF TEACHERS 
 
 Manner of 20 
 
 Time of 20 
 
 To be personally or on written order 20 
 
 PENALTIES 
 
 F'or pupils who violate, etc 5 
 
 Provided for employing children 4 
 
 PETITION 
 
 Concerning graded schools 55 
 
 To change graded school 57 
 
 PRO RATA 
 
 Auditor to give data concerning 9 
 
 Not used for one year disposal of 2, 8 
 
 Not called for after second year how disposed 9 
 
 To be ascertained by Superintendent of Public Instruc- 
 tion 9 
 
 PROPERTY 
 
 Title vests in County Board of Education 53 
 
 Title to vest in whom in graded schools 63 
 
206 INDEX. 
 
 PROPOSITION Page 
 
 Voted on in graded schools when renewed 64 
 
 PUBLICATIONS 
 
 Forbidden to be used 5 
 
 PUPILS 
 
 Free access to district library 71 
 
 Held accountable by teacher 33 
 
 Regulation of 5 
 
 Penalties for disobedience 5 
 
 Suspension of 33 
 
 RECOMMENDATIONS 
 
 Of trustees in writing to whom 
 
 RECORDS 
 
 Report by County Superintendent 19, 20, 22 
 
 Official kept by County Superintendent ; . 22 
 
 REGISTER 
 
 Kept by teacher in graded schools 59 
 
 Kept by teacher in subdistrict 31 
 
 REPORT 
 
 Annual of County Superintendent 21 
 
 Monthly and term of teachers 32 
 
 Of Division Chairmen 48 
 
 Time of 48 
 
 Of Trustees in writing 43 
 
 RULINGS OF THE DEPARTMENT 
 
 Abstracts of 170, 183 
 
 SALARY 
 
 Of Superintendent of Public Instruction 11, 15 
 
 Of County Superintendent 18, 23 
 
 Allowed by Fiscal Court 18, 23 
 
 Based upon census 23 
 
 Minimum and maximum 18 
 
 Reported to Supt. of Public Instruction 23 
 
 Of teacher supplemented how when 8 
 
 SCHOOL DISTRICT 
 
 What shall constitute 41 
 
 SCHOOL FUND 
 
 Duty of Auditor under 6, 9 
 
 Paid into Treasury for common schools only 6, 9 
 
 Paid to graded schools 61 
 
 What consists of 6 
 
 County Board may place in one Fund 49 
 
INDEX. 207 
 
 SCHOOL HOUSES Page 
 
 May be used for other purposes 50 
 
 SCHOOL MONTH 4 
 
 SCHOOL TERM 
 
 Extension of 8 
 
 To be six months 4 
 
 SCHOOL YEAR 3 
 
 SECTARIAN SCHOOLS 
 
 Not to receive school fund 2 
 
 SEPARATE SCHOOLS 
 
 Shall be maintained 2 
 
 SETTLEMENT 
 
 Copy of for County Superintendent to be sent to Super- 
 intendent of Public Instruction 21 
 
 Of County Superintendent annually 21 
 
 How made 21 
 
 To whom made 21 
 
 Returns of settlement furnished by Superintendent of 
 
 Public Instruction to Auditor 12 
 
 Voucher of by County Superintendent 21 
 
 SHERIFF 
 
 Graded schools' duty concerning 64 
 
 To collect subdistrict tax 45, 53 
 
 Compensation for 45, 53 
 
 To collect County School Tax 45, 53 
 
 SINKING FUND 
 
 Commission to invest certain bank stock 1 
 
 In graded school 63 
 
 SPECIAL BOND 
 
 Given by County Superintendent 46 
 
 Approved by whom 46 
 
 STATE BOARD OF EDUCATION 
 
 Body politic . 10 
 
 Chairman ; , 10 
 
 Course of study prescribed by 10 
 
 Corporate acts 10 
 
 Custodian of evidence 10 
 
 Duties of 10 
 
 Meetings 10 
 
 Powers as to property 10 
 
 Power to revoke State Diploma 28 
 
 Quorum ... ... 10 
 
208 INDEX. 
 
 STATE BOARD OF EDUCATION Continued Page 
 
 Standing Committees 10 
 
 To regulate county libraries 71 
 
 Who constitute 10 
 
 STATE BOARD OF EXAMINERS 
 
 Appointed by whom 11 
 
 Compensation of 28, 29 
 
 Duties of , 11 
 
 Manner of performing 28 
 
 Members of program committee for Teachers' Institute 
 
 programs 67 
 
 Questions to prepare 27 
 
 Series of questions Number 27 
 
 Seal of placed on Diplomas 27 
 
 To grant State Certificate 27 
 
 To hold examinations for State Diplomas 28 
 
 To * prepare questions 27 
 
 To renew State Certificates When 29 
 
 Who to compose 10 
 
 When to issue certificates 29 
 
 STATE CERTIFICATE 
 
 Branches examined upon 28 
 
 Answers to be sent to whom By whom 29 
 
 Applicant to possess good moral character 28 
 
 County examiners to recommend renewal 28 
 
 County Superintendent duties in examination of 28 
 
 Duration of 28 
 
 Examination for 28 
 
 Fee 28 
 
 Manner of examining papers of applicant 28 
 
 May be renewed how 28 
 
 Qualifications of applicant 28 
 
 Revoked how 30 
 
 Seal to bear 30 
 
 When examination for held 29 
 
 Who to conduct examination 29 
 
 Who to grant 29 
 
 Written statement of County Superintendent 29 
 
 STATE DIPLOMAS 
 
 Applicant to possess good moral character 28 
 
 Duration of 28 
 
 Examination for held 28 
 
 Fee for examination 28 
 
 Holder of qualified for County Superintendent 28 
 
 To bear seal 28 
 
 Who to issue 28 
 
INDEX. 209 
 
 STATE NORMAL SCHOOLS Page 
 
 Act concerning 152, 165 
 
 Appropriations for 159, 160, 161, 163 
 
 Regents for 152 
 
 Advertisement for bids' 160 
 
 Annual report of 156 
 
 Appointment of regents 152 
 
 Bonds given to by successful bidders 160 
 
 Causes of removal from office 155 
 
 Condemnation proceedings 160 
 
 Election of officers 152 
 
 Gratuitous instruction 157 
 
 Obligation not to be contracted 164 
 
 Enabling Act for Western School 164 
 
 Grant certificates 154 
 
 Grades of 154 
 
 Endorsement of 154 
 
 May be revoked 154 
 
 Itemized account to be submitted by 161,163 
 
 May appoint architects 161 
 
 May Convey 159 
 
 May provide library 159 
 
 May purchase sites 159 
 
 May purchasee additional grounds 160, 162 
 
 Model schools to be established 150 
 
 Mileage to be allowed . . . r 156 
 
 Meetings to be held by 153 
 
 Not to be interested in what 156 
 
 Powers and duties 153 
 
 Power to remove officers 155 
 
 Power to fix courses 155 
 
 Payment of indebtedness 157 
 
 Pupils 157 
 
 Quorum 153 
 
 Reports 156 
 
 Term of 152 
 
 Treasurer- 
 Bond of 156 
 
 Duties of 156 
 
 Secretary 
 
 Compensation 157 
 
 Duties 157 
 
 Report to whom 157 
 
 Special meetings 156 
 
 Buildings to be erected 160 
 
 Committee to fix boundaries 152 
 
210 INDEX. 
 
 STATE NORMAL SCHOOLS Continued Page 
 
 Commission to locate 158 
 
 Created 152 
 
 Deeds made to Commonwealth 159 
 
 Executive Council created 154 
 
 Duties of 154 
 
 Meetings of 154 
 
 Quorum 154 
 
 Who compose 154 
 
 Objects of 152 
 
 Students 1 may take examination for what 160 
 
 Class of certificates 160 
 
 STATE UNIVERSITY 
 
 Acts of Congress to be carried out 145 
 
 Appointment of beneficiaries 146 
 
 Appropriations for 137, 138, 140, 141, 142, 143, 148, 149 
 
 Circulars to be posted 141 
 
 Collegiate period 136 
 
 Competitive examination 146 
 
 County certificates issued to whom 148 
 
 Board of Trustees 133 
 
 Advertising, etc 142 
 
 Appointment, Manner of 133 
 
 Appointment of Secretary and Treasurer 135 
 
 Appointment of Board to manage women's dormitory.. 137 
 
 Appointment of Architect 139 
 
 Bond to be given by successful bidder 142 
 
 Certificates issued by -Classes of 144 
 
 Contracts 139 
 
 Created 133 
 
 Bi-partisan after 1910 147 
 
 Degrees conferred by 134 
 
 Governor Chairman of 133 
 
 Meetings of 136 
 
 No preference to be shown 134 
 
 Quorum of 134 
 
 Power to purchase additional ground 142 
 
 Power to govern college 136 
 
 Powers and duties of 134 
 
 Report to General Assembly 136, 140 
 
 Selection of President and professors 134 
 
 Treasurer to give bond 135 
 
 Vacancies How filled ,. . 135 
 
 Where Meet 134 
 
 Diplomas 141 
 
 Duty of County Superintendent 146 
 
INDEX. 211 
 
 STATE UNIVERSITY Continued Page 
 
 Emergencies 140, 141 
 
 Executive Committee 134 
 
 F*ree tuition to whom 147 
 
 Officeers should not contract liability 149 
 
 Experiment station Appropriation 150 
 
 Information to County Superintendent 136 
 
 Law Department established 146 
 
 vocation not changed 147 
 
 Medical and Surgical Department established 146 
 
 Moneys How paid 140, 142 
 
 Normal department eliminated 145 
 
 Previous acts referred to 145 
 
 Student Appointment to 136 
 
 Title changed 145 
 
 Women's dormitory 137, 138 
 
 Work of sub-freshman eliminated 145, 158 
 
 SUBDISTRICTS 
 
 Boundaries of 41 
 
 Consolidation of 48, 50 
 
 Establishment of new 46 
 
 Include white and colored children 41 
 
 Maximum and minimum of pupils 41 
 
 May be composed of parts of two counties 48 
 
 SUBDISTRICT TAX 
 
 Amount . ... 45, 50 
 
 Election for 45, 50 
 
 Time of . 45, 50 
 
 How levied 45, 50 
 
 Notice of election 45, 50 
 
 Order levying 45, 50 
 
 Question voted upon 45, 50 
 
 Returns of election 45, 50 
 
 Canvassed by whom 45, 50 
 
 Tax To receive 45, 50 
 
 Who to collect 45, 50 
 
 SUPERINTENDENT OF CITY SCHOOLS 
 
 Duties under Truancy Law 77 
 
 SUPERINTENDENT OP PUBLIC INSTRUCTION 
 
 Approval of revoking State certificate- 30 
 
 Attorney-General to advise 13 
 
 Appointment of State Board of Examiners 11 
 
 Appeals 13 
 
 Blanks to County Examiners 14 
 
 Blind, Deaf, Dumb and Feeble-minded Institute 12 
 
212 INDEX. 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION Continued Page 
 
 Duties concerning 13 
 
 Blanks, official documents 13 
 
 Biennial report to General Assembly 12 
 
 Beginning of term 11 
 
 Bond , 11 
 
 Clerks 11 
 
 Chairman of State Board of Education 11 
 
 Certified copies of records', etc 12 
 
 Deliver effects of office to successor 15 
 
 Donations, gifts and devises Duties concerning 14, 15 
 
 Expenses to be paid when 15, 16 
 
 Instructions to be furnished 12 
 
 Institutions Duties concerning 12 
 
 Keep accounts .- 12 
 
 Make settlements 12 
 
 May require facts under Truancy Law 77 
 
 May require facts of teachers 33 
 
 Members of program committee for Teachers' Institutes 
 
 programs 67 
 
 Neglect of duty, etc 13 
 
 Oath 11 
 
 Office supplies 11 
 
 Office at seat of Government 11 
 
 Official decisions 13 
 
 Report misappropriations of school fund 13 
 
 Records 13 
 
 Salary 11 
 
 School Laws to be edited by 13 
 
 To ascertain per capita 8 
 
 To furnish teachers' blanks 33, 35 
 
 To publish for general distribution certain facts, im- 
 portant facts and data 12 
 
 To pay City School Boards 20 
 
 To prescribe rules for County Superintendents 23 
 
 To supply blanks to City Boards 60 
 
 To recommend normal instructors for institutes 68 
 
 SUPERVISORS 
 
 May be employed by County Board 49 
 
 SURPLUS DUE COUNTIES 
 
 To remain an obligation against Commonwealth 2 
 
 SUSPENSION OR EXPULSION OF PUPILS 5 
 
 SYSTEM OF COMMON SCHOOLS 
 
 To be uniform 4 
 
INDEX. 213 
 
 TAX Page 
 
 Expended for both white and colored children 46 
 
 Graded school voted 54 
 
 Limit 54 
 
 Manner of voting 54 
 
 How assessed and collected 45, 50 
 
 Levied by whom in graded school districts 63 
 
 Levied by county 45, 50 
 
 Not to exceed 45 
 
 Of graded school with adjacent county 55 
 
 Limit 55 
 
 Manner of voting 55 
 
 Purposes of 55 
 
 Territory exempt 45, 50 
 
 To be voted 51 
 
 To complete graded school building 66 
 
 To pay old debt 66 
 
 Use for what 45 
 
 Railroad Tax to be paid to County Superintendent 25 
 
 White and Colored Districts to share taxes on railroads 25 
 
 Rate of taxation on railroads 25 
 
 TAX LEVY 
 
 Special Charter Schools to levy 67 
 
 TAXATION 
 
 Submitted to voters 1 
 
 TEACHERS 
 
 Access to county library 71 
 
 Application to be filed 44 
 
 Blanks supplied by whom 32 
 
 Certificate of attendance at institute to be filed with 
 
 whom . . 68 
 
 Contracts 44, 49 
 
 County certificate of 26, 31 
 
 Classes 28 
 
 County High Schools Employment of 47 
 
 Duties required of 33 
 
 Employment of in graded schools 59 
 
 Examined for State diploma 28 
 
 Examination for State certificate 29 
 
 Facts to be ascertained by 31,32 
 
 Fees at Institute 69 
 
 Given credit for attending institute 68 
 
 How elected 44 
 
 May contract in writing 44 
 
 Teach extra students 33 
 
214 INDEX. 
 
 TEACHERS Continued Page 
 
 May have county certificate renewed 32 
 
 Must attend institute 68 
 
 Penalty for failure 68 
 
 Not eligible to office of County Superintendent 17 
 
 Of consolidated schools 48 
 
 Pay entitled to when dismissed 35 
 
 Payment for fractional month when 35 
 
 Penalty for false report , 33 
 
 Qualifications' of 28, 47 
 
 In graded schools 59 
 
 For State diploma . . ., 28 
 
 Register to keep 31 
 
 Removal by Division Board 33 
 
 Removal for what 44 
 
 Reports of examined by whom 22 
 
 Revoking of certificate 29 
 
 Shall hold certificate 28 
 
 Studies to teach, etc 11 
 
 Summaries 31 
 
 Suspension of pupils 
 
 Time of election 44 
 
 To be given certificate of attendance at institute 69 
 
 To be instructed by an able instructor 68 
 
 To hold pupils accountable 33, 36 
 
 To keep register in graded school 59 
 
 To make monthly and term reports 32 
 
 To possess good moral character 28 
 
 To suspend school during Institute week 69 
 
 Vacancies, How filled 44 
 
 When elected 44, 49 
 
 Who may remove 44, 49 
 
 TEACHERS' INSTITUTES 
 
 County Superintendent to attend 68 
 
 His 1 duties , 68 
 
 To employ instructor for 67 
 
 Duration of 67 
 
 Expenses how paid 70 
 
 Fees 79 
 
 Joint institutes may be held when 70 
 
 May have normal instructor when 70 
 
 Must attend teachers' associations 71 
 
 Penalty for failure 71 
 
 Normal instructors how paid 70 
 
 Penalty for County Superintendent for failure to hold... 68 
 
 Proceedings of published in local newspapers 70 
 
INDEX. 215 
 
 TEACHERS' INSTITUTES Continued Page 
 
 Program furnished by whom when 68 
 
 Published copy of proceedings to be sent to Superin- 
 tendent of Public Instruction 70 
 
 Report of to be included in annual report of County 
 
 Superintendent 71 
 
 Schools to suspend during " 69 
 
 Selection of place where held 70 
 
 Subjects' of discussion in 70 
 
 Surplus fund of how distributed 70 
 
 Teachers to be notified of .......:.. 70 
 
 Trustees to be notified of . . : 70 
 
 Time to be held 68 
 
 To be organized 68 
 
 Who compelled to attend . ; 69 
 
 Penalty for failure 69 
 
 TEACHER'S REGISTER 
 
 Duty of division chairman concerning 31 
 
 Kept by teacher 31 
 
 Property of subdistrict 31 
 
 To be kept how 31 
 
 Who to examine 32 
 
 Who to furnish 31 
 
 TEXT-BOOKS 
 
 Adopted . , . . . . 33 
 
 Cost not to exceed 19, 23 
 
 Furnished to indigent children 19, 23 
 
 Paid for by county 19, 23 
 
 TUITION 
 
 In graded schools 60 
 
 To be paid by pupils when 61 
 
 TRUANCY LAW 
 
 Absentees to be reported 77 
 
 Applies to what cities 74 
 
 Children to attend under 74 
 
 Exceptions under 74 
 
 Fines and penalties 74 
 
 Jurisdiction of Courts 76 
 
 Officers- 
 Appointment 75 
 
 Compensation 75 
 
 Duties 75 
 
 Examination of 75 
 
 Qualifications' 75 
 
 Under supervision of City Superintendent 76 
 
 Parental or truant schools 78 
 
216 INDEX. 
 
 TRUANCY LAW Continued Page 
 
 Penalties for parent or guardian failing to comply 74, 78 
 
 Penalty for false statement under 74, 78 
 
 Record of age 74, 78 
 
 School officer to report under 76, 80 
 
 TRUSTEE 
 
 Census to take 43 
 
 Compensation 43 
 
 Compose division board 43 
 
 Duties of 43 
 
 Eligibility 42 
 
 Election of 47 
 
 Graded Schools 
 
 Employment of teacher in 59 
 
 To purchase what 61 
 
 Opportunity given to produce evidence 23 
 
 Removal or suspension of 23 
 
 Report to Division Board 43 
 
 Reports of referred to County Board 43 
 
 Serve until, when 42 
 
 Term of office 42 
 
 To be notified of institute meetings 68 
 
 To enforce attendance of children at school 73 
 
 To have five days' notice, when 
 
 Not eligible to office of County Superintendent 17 
 
 Not to be interested in what, penalty 48 
 
 To notify people, when , 
 
 To report additional facts '^ 
 
 Vacancy how filled 
 
 When elected 43 
 
 USE OF SCHOOL FUND 6 
 
 VACANCY 
 
 Of County Superintendent's Office, how filled 24 
 
 Of graded trustees, how filled 59 
 
 Of trusteeship, how filled 43 
 
 Voters- 
 Legal at trustee election 42 
 
 WHITE CHILDREN 
 
 Included 41 
 
 Free tuition in graded schools 60 
 
 Maximum and minimum in subdistricts 42 
 
 WOMEN SCHOOL SUFFRAGE 
 
 Qualifications for 6 
 
 Registration 6 
 
 Separate Ballots (>.